Citation
Leeward Islands gazette

Material Information

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

Subjects

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

Notes

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

Record Information

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

Related Items

Succeeded by:
Antigua, Montserrat and Virgin Islands gazette

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Full Text


THE LEEWARD ISLA}
GAZETTE. |
Published by Authority.

VOL. LKXXXIV. THURSDAY, 2ist JUNE, 1956.






Notices,

It is hereby notified for general
information that, consequent tpon
the defederation of the Leeward
Islands Colony with effect from the
Ast July 1956, the title of the post of
Colonial Secretary, Leeward Islands,
will be changed to that of Chief
Secretary, Leeward Islands, with
effect from that date.

The Secreturiat,
Antigua.
16th June, 1956.

Ref. No. C. 18/00016 —ITI

It is hereby notified for general
information that, with effect from the
Ast July, 1956, upon which date the
Presidencies of Montserrat and the
British Virgin Islands will, like the
Presidencies of Antigua and St. Kitts-
Nevis-Anguilla, become Colonies, the
title of the post of Commissioner in
the two first-mentioned Presidencies
will be changed to that of Adminis-
trator.

The Secretariat,
Antigua.

18th June, 1956.
Ref. No. 13/00331.

It is notified for general informa-
tion that the following Agricultural
Officers from the Leeward Islands
were awarded Pass Diplomas of the
Eastern Caribbean Farm Institute,
Trinidad, at the conclusion of the
second course of training held at the
Institute :—

Antigua,
Mr. R. A. Arrindell
Mr. C. E. Greenaway

Saint Christopher Nevis & Anguilla.

Mr. L. P. Evelyn
Mr. K. L. Martin

British Virgin Islands.
Mr. H. L. Vanterpool

The Secretariat,
Antigua,

18th June, 1956.
Ref. No. 1/00219.

82%. 7272
LA&7L

It is hereby notified for general in-
formation that Dr. M. O’Garra, Medi-
cal Officer District No. 4 resident at
Carty’s Hill will be performing the
duties of Medical Officer District
No. 5(Swetes ete.) in conjunction with
her own during the absence of
Dr. M. A. Lambert on Study leave.

Medical Department,
14th June, 1956.



Antigua Constitution and
Elections Ordinance, 1951.

The Administrator of Antigua has,
under the provision of section 35 of
the Antigua Constitution and Elec-
tions Ordinance, 1951, been pleased to
appoint the Registrar, Supreme Court,
Antigua, as Supervisor of Elections.

Administ: ator’s Office,
Antigua.

21st June, 1956.

Ref. No. A. 18/10

Tender Board for Government

{ ieee tat
The Administrator hag been pleased
to appoint the following to be mem-
bers of a Tender Board for Govern-
ment Supplies until further notice.

The Collector of Customs and
Supply Officer—Chairman

The Colonial Engineer,
representative

The Assistant Administrative Sec-
retary (P.W. & C)

The Assistant Administrative Sec-
retary (S.S.)

The Assistant Administrative Sec-
retary (T.&P.)

or his

Administrator's Office,
Antigua.

15th June, 1956.

Ref. No. A. 41/42.



CONFIRMATION OF ORDINANCES.

No. 72.

The Secretary of State for the
Oolonies has informed the Governor
that the power of disallowance will
not be exercised in respect of the
undermentioned Ordinances:—

Antigua.

No. 1 of 1956, “ The Trade Licences
and Tax (Amendment) Ordinance,
1956.”

Virgin Islands.

No. 15 of 1955, “The Animals
(Diseases, Importation and Exporta-
tion) Ordinance, 1955.”

No. 73.

The Governor’s Deputy has been
pleased to assent to the under-
mentioned Ordinances: —

Antigua.
No. 17 of 1956, “ The Constitution
and Elections (Amendment No. 2)
Ordinance, 1956.” June 13

No. 18 of 1956, “The Central Board
of Health (Constitution and Tempo-
rary Powers) (Amendment) Ordi-
nance, 1956.” June 13

No. 19 of 1956, “ The Industrial
Development (Amendment) Ordi-
nance, 1956.” June 13

No. 20 of 1956, “ The Sugar Export

Cess (Amendment) Ordinance, 1956.”
June 18

No. 21 of 1956, “ The Constitution

and Elections (Extension of ‘lime)
Ordinance, 1956.” June 19

No, 74.
The following Act, Ordinances and
Statutory Rules and Orders are circu-

lated with this Gazette and form
part thereof:—

ACT.
Leeward Islands.

No. 11 of 1956, “The Governor’s

Emoluments (Amendment) Act,
1956.” 2 pp. Price 4 cts.
ORDINANCES.

Antigua.
No. 11 of 1956, ‘The Education
Ordinance, 1956. 16 pp.
(Price to be notified in a later issue)

No. 17 of 1956, “The Antigua
Constitution and Elections (Amend-
ment No. 2) Ordinance, 1956.”

3 pp. Price 6 cts.

No. 18 of 1956, “The Central
Board of Health (Constitution and
Temporary Powers) (Amendment)
Ordinance, 1956.” 2 pp. Price 4 cts.

No. .19 of 1956, “The Industrial
Development (Amendment) Ordi-
nance, 1956.” 2 pp. Price 4 cts.

No. 20 of 1956, “ The Sugar Export

Cess (Amendment) Ordinance, 1956.”

3 pp. Price 6 cts.

No. 21 of 1956, “The Antigua —
Constitution and Elections (Extension

of Time) Ordinance, 1956.”
2 pp. Price A cts.



Montseriat.

No. 13 of 1956, “The Lunacy and
Mental Treatment Ordinance, 1956.”
30 pp. Price 33 ets.

Virgin Islands.

No. 10 of 1956, “The Leprosy
Ordinance, 1956.” 21 pp. Price 24 cts.

STATUTORY RULES & ORDERS.
General Government.

No. 25 of 1956, ‘ Proclamation
dated June 20, 1956, bringing into
operation the Governor’s Emoluments
(Amendment) Act, 1956 (No. 11/1956)

1 pp. Price 3 cents.

Antigua.

No. 25 of 1956, “ Proclamation
dated June 18, 1956, bringing into
operation the Education Ordinance,
1956 (No. 11 of 1956).

1 pp. Price 3 cts.

No. 26 of 1956, “* Proclamation
dated June 19, 1956, appointing the
month and year for the publication
of Notice to persons entitled to vote
at an Election in the Presidency.”

2 pp. Price 4 cents.

Montserrat.

No. 14 of 1956, “ Proclamation
dated June 8, 1956, bringing into
operation the Lunacy and Mental
Treatment Ordinance, 1956 (No. 13 of
1956). 1 pp. Price 3 cts.

No. 16 of 1956, “ Proclamation
dated 18th June, 1956, declaring
Monday, the 2nd July, 1956, a Public
Holiday in Montserrat to commem-
orate the constitution of the Presi-

dency of Montserrat as a separate
Colony. 2 pp. Price 4 cts.

No. 17 of 1956, “ The Prison Rules,
1956.” 51 pp.

(Price to be notified in a later issue)

Virgin Islands.

No. 18 of 1956, “ Proclamation
dated June 7, 1956, bringing into
operation the Leprosy Ordinance,
1956.” 1 pp. Price 3 cts.

No. 23 of 1956, “ Proclamation
dated June 4, 1956, bringing into
operation the Education Ordinance,
1955.” 1 pp. Price 3 ats,

No. 24 of 1956, “ Proclamation
dated 18th June, 1956, declaring
Monday, the 2nd July, 1956, a Public
Holiday in the Virgin Islands to
commemorate the constitution of the
Presidency of the Virgin Islands as a
separate colony. 2 pp. Price 4 cts.

No. 25 of 1956, “ The Prison Rules,
1956.” 40 pp.
(Price to be notified in a later issue)

THE LEEWARD ISLANDS GAZETTE.

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

SAINT CHRISTOPHER CIRCUIT.
A.D. 1956.

NOTICE is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward Is-
lands (Courts) Order-in-Council 1939,
and duly approved as therein pro-
vided on the 16th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of the Court in the Saint Christopher
Circuit has appointed the day of the
month on which the ensuing Circuit
Court shall sit as follows, that is to
say :—

The Saint Christopher Circuit on
Friday the 6th July, 1956 at 10
o’clock in the forenoon.

Dated the 6th day of June, 1956.

CAROL W. J. BRISTOL,

Registrar.



TRADE MARKS OFFICE,
ANTIGUA, dth June, 1956

SOCVONY MOBIL OIL Co. INC.
of 26 Broadway, New York, State
of New York, have applied for regis-
ration of one Trade Mark consisting
of the following :—

MOBIL

in respect of Chemicals derived
from petroleum for various
uses in industry, and all the
Class other goods in the class; and in

2 respect of petroleum and pro-
ducts of petroleum with or
without admixtures of other
materials for illuminating,
heating, power, burning, lubri-
cating, cutting, greasing,
tempering, quenching, slushing
and flushing; mineral wax, can-
dles, and penetrating oils; and
chemicals derived from petro-
leum for various uses in indus-
try and all the other goods in
that class.

Class
1

Class
47

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for more
than 21 vears before the date of their
said Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notices in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

CEOIL O. BYRON,
Acting Registrar of Trade Marks,

[21 June, 1956.

TRADE MARKS OFFICh,
ANTIGUA, 5th June, 1956.

N. V.J. VAN DORP of GOUDA
(The Netherlands), VAN BERGEN
I JZENDOORNPARK 10 have ap-
plied for Registration of one Trade
Mark consisting of the following:—



in Class 42, that is to say, milk, milk
products and infants’ food.

The Applicants claim that they
have used the said:Trade Mark in
respect of the said goods for 4 yearg
before the date of their said Applica-
tion,

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade’
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

CrcIL O. BYRON,
Acting Registrar of Trade Marke.



WEIGHTS & MEASURES.





The Inspector of Weights and
Measures shall attend for the purpose
of examining, weighing and- stamp-
ing Weights and Measures and.
Weighing Instruments at the follow-
ing times and placcs:—

(1) At the Police Station, Parham,
on Tuesday 5th June, from 10 a.m.
to 4 p.m.

(2) At the Police Station. at Will-
kies, on Thursday 7th June, from
10 a.m. to 4 p.m.

(3) At the Police Station, Bolans,
on Tuesday 12th June, from 10 am.
to 4 p.m.

(4) At the Police Station, All
Saints, on Thursday 14th June, from
10 a.m. to 4 p.m.

(5) In the City of St John, at the
Police Station, on Monday 18th,
Tuesday 19th, Wednesday 20th,
Thursday 21st and Friday 22nd June,
from 10 a.m. to 4 p.m.

Provided that should any of the
days prescribed above for the Inspec-
tor’s attendance at Parham, Willikieg,
Bolans and All Saints fall on a Bank
Holiday, the Inspoctor shall attend
on the following day instead.

JOHN J. REYNOLDS,
Inspector of Weights & Measures,

Police Headquarters,
Antigua,
15th May, 1956.



21 June, 1956. |
SCHOLARSHIPS.

It is hereby notified for general
information that an examination for
a number of Government Scholar-
ships to the Antigua Grammar School
and the Antigua Girls’ High School
will be held at the St. John’s Boys’
Schoolroom on Wednesday 5th Sep-
tember, 1956.

QUALIFICATION OF CANDIDATES

Candidates shall be qualified to
take the examination who:—

(a) will be over 9 but less than
13 years of age on 31st December,
1956.

(6) have attended a school in the
Colony for a period of three years
immediately preceding the 31st
December, 1956, the last twelve
months being at a school in Anti-
gua.

(ce) are in need of financial assist-
ance to enter upon and complete a
secondary school course.

(d) are British subjects.

THE LEEWARD ISLANDS GAZETTE.

APPLICATIONS.

Applications must be made to the
Inspector of Schools not later than
Wednesday 15th August, 1956.

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

Application forms can be obtained
from the Inspector of Schools.

EXAMINATION.

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

(6) (1) English Test of Candi-
dates comprehension of a short
story read to or by them.

107

(c) Writing from dictation.
(d) West Indian History and
Geography.

SUCCESSFUL CANDIDATES.
Each successful candidate is re-
quired to present a medical certificate
of good health to the Head Master of
the Antigua Grammar School (in the
case of boys) and to the Headmistress
of the Antigua Girls’ High School

(in the case of girls).

R. S. EDWARDS,

Acting Inspector of Schools.





LATNFALL FIGURES
Central Experiment Station,
Ant eua.

Month. 1962. 1953. 1934, 1955. 1986,
Jan, 2.41 1.93 3.04 2.16 5,15
Feb. 1.60 102 245 68 128
Mayr. 1.62 5.60 1.08 .83 1.40
April 3.14 2.06 49 1.75 3.83
May 3.07 1.50 383 281 2.58
To 16th June2'14 “8519258 8°27

13°98 12°96 12°81 881 17°46





TRADE MARKS OFFICE,

AnTIcuA, Sth June, 1956.

CREAM OF WHEAT (CANADA) LTD., of 312 Chambers Street, Winnipeg, Manitoba,
CANADA, have applied for Registration of one Trade Mark consisting of the following :—

in Class 42 that is to say :

CREAM OF WHEAT

Cereal foods.

The Applicants claim that they have used the said Trade Mark in respect of the said goods
since Ist March, 1895 before the date of their said Application.

Any person may within three months from the date of the first appearance of this Advertise-
ment in the Leeward /slands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of
opposition to registration of the said Trade Mark.

Crcit O. Byron,

Acting Registrar of Trade Marks.



108

Town aud Country Planning
Reguiation, 1953

REGULATIONS, Nos. 9 (1) and 17 (3)

NOTICE is hereby given that on the 14th
day of May, 1956, a resolution adopting draft
schemes in relation to the areas set out in the
maps herein referred to was passed by the Cen-
tra] Authority.

A certified copy of the said draft schemes
and of the maps herein referred to have been
deposited at the office of the Central Authority,
High Street, St. John’s, and will be open for
inspection without payment of fee between the
hours of 10am. and 3 p.m. daily (except on
Saturdays when the hours will be 10 a.m.
to 11.30 a.m.)

Any representations or objections thereto
should be sent in writing to the Secretary and
Executive Officer, Central Authority, High
Street, St. John’s, within thirty days from the
date of this notices.

DescnipTion oF THE AREAS:

Lands at All Saints formerly part of Sander-
son’s Estate, comprising of 38.03 acres, bounded
as follows, that is to say, on the North by
Public road, on the Kast by lands of the Antigua
Syndicate Estates Ltd., on the South by Church
lands, private lauds and on the West by private
lands and public road.

Lands at Bendals formerly part of Belvi-
dere’s Estate, comprising of 18.240 acres bound-
ed as follows, that is say, on the North by public
road, on the East by public road, on the South
by lands of Belvidere and on the West by public
road.

Lands at Bolans formerly part of Jolly
Hili comprising of (A) 14.410 acres bounded as
follows, that is to say, on the North and Kast by
public road on the South by lands of Jolly Hill
and on the West by a stream.

(B) Comprising of 2.080 acres bounded as
follows, that is to say, on the North by Jolly
Hill on the East and South by public road and
on the West by a stream.

Lands at Five Islands formerly part of
Sutherland’s Estate comprising of (A) .076 acre
bounded as follows, that is to say, on the North
and Kast by public road, on the Sonth by old
village, on the West by Crown lands.

(B) Comprising of 3.751 acres bounded as
follows, that is to say, on the North by Crown
lands on the East and South by public road and
on the West by Church lands.

Lands at Freemanville formerly part of
Belvue comprising of 20.550 acres bounded as

THE LEEWARD ISLANDS GAZETTE.

[21 June, 1936.

follows that is to say, on the North by reeman’s
Estate on the East and South by public road on
the West by Preemanville.

Lands at Pares Village formerly part of
Codrington’s Estate, comprising of 8.356 acres,
bounded as follows, that is to say, on the North
by public road, on the East and South by lands
of the Antigua Syndicate Estates Ltd., and on
the West by lands of the Antigua Syndicate
Estates Ltd. and existing village.

Lands at Parham formerly part of Crown
lands comprising of 10.24 acres hounded as
follows, that is to say, on the North by public
road, on the Kast by Church lands and private
lands on the South and West by Crown land.

Lands at S3t. Philip’s formerly part of Lower
Waldron comprising of 23.75 acres bounded as
follows, that is to say, on the North by lands of
Lower Waldron on the Mast by lands of Lower
Waldron and public road on the South by lands
of Glebe and Lyon’s Estate and on the West by
Lyon’s Lstate.

Lands at Table Hill Gordon formerly part
of Table {Hill Gordon’s Estate comprising of
8.529 acres bounded as follows, that is to say,
on the North and East by public road on the
South by lands of Table Hill Gordon and on the
West by lands of J. M. Mdwards.

Lands at Willikies formerly part of Com-
fort Hall’s Estate comprising of 15.596 acres
bounded as follows, that is to say, on the North
by private lands on the East by Crown lands on
the South and West by lands of Comfort Hall
Estate.

CLARENCE SIMON,
Secretary § Executive Officer
Central Authority.

Drarr ResoLurion ABOVE REFERRED TO

THE
BE If RESOLVED that the Central
Authority under Section 5 (1) of (6) of the Town
and Country Planning Ordinance, No. 4 of 1948,
hereby decide to prepare schemes in respect of
lands at the following Village Extensions: -
All Saints, Bendals, Bolans, Five islands, Free-
manville, Pares Village, l’arham, St. Philip’s,
Table Hill Gordon and Willikies in the Presi-
dency of Antigua.

Dated the 12th day of March, 1956

CLARENCE SIMON,
Secretary § [Hxecutive Officer,
Central Auhority.

Central Housing and Planning Authority
High Street,
St. John’s,
6th June, 1956.



21 June, 1956.]

THE LEEWARD ISLANDS GAZETTE.

109

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD
ISLANDS

ANTIGUA CIRCUIT.
On Appeal from the Magistrate’s Court District “B”.

“No. 20/1955

JAMES PicGorr
v.
SABINA GEORGE

Appellant- Defendant
Respondent- Plaintiff.

Mr. L. H. Lockuart for Appellant.

Mr. EK. E. Harney for Respondent.

This is an appeal from a decision of the Acting
Magistrate of District B delivered on the 12th day
of October 1955, in aclaim by the respondent-
plaintiff against the appellaut-defendant — for
‘compensation under the Agricultural Small Holdings

Act 12/1938

The respondent’s clain. before the Magistrate
was for compensation for—

(a) first ratoon canes valued at $13.76
(6) other ratoons ars Gs $ 18.00
(c) 4 banana trees ia Nis 4.00
(d) Qpineapple trees ,, ,, 4.32

The appellant admitted the claims under heads
(a), (¢) and (d) above and ‘only the claim for
$18.00 under head (4) remained in dispute.

The claim was made under section 20 (2) of
the Agricultural Small Holdings Aet 1938 (herein-
after referred to as “the 1958 Act’) but neither the
Magistrate nor counsel who appeared for the parties
before him seemed to have been aware at that time
that this subsection of the 1988 Act had been
repealed and replaced by the Agricultural Small
Holdings (Amendment) Act 7/1954 (hereinafter
referred to as “the 1954 Act’) and the case was
accordingly dealt with and decided under the
provisions of section 20 (2) of the 1988 Act. This
was clearly wrong; but as the appellant has admit-
ted a major portion of the respondent’s claim, and
owing to the fact that there was a similarity in
wording between certain portions of section 20 (2)
of the 1938 Act and the subsection which replaced
it in the 1954 Act the effect of the application of
the provisions of the wrong Act was not as serious
as one might normally have expected.

Subsection (2) of section 20 of the 193° Act
reads:—

“ (2) In the case of sugar cane cultivation,
compensation shall be paid for canes, growing
upon the holding in the ordinary course of
cultivation, and for subsequent crops not ex-
tending beyond first ratoons: provided that no

- compensation shall be payable in respect of
any sugar cane planted, without the consent in
writing of the landlord, after service of notice
to quit.”

Subsection (2) of section 20 of the 1954 Act
reads:—

“*(2) In the case of sugar cane cultivation,

compensation shall be paid for canes growing

upon the holding in the ordinary course of
cultivation and for subsequent crops not
extending beyond first ratoons and, provided
that the tenant has cultivated and managed
the holding in accordance with the rules of
good husbandry, for subsequent cane crops not
extending beyond the second ratoons:

Provided that no compensation shall be
payable in respect of any sugar cane planted,
without the consent in writing of the landlord,
after service of a notice to quit.”

It will be seen that the words “In the case of
sugar cane cultivation, compensation shall be paid
for canes growing upon the holding in the ordinary
course of cultivation and for subsequent crops not
extending beyond first ratoons” appear in both the
1938 and the 1954 Act, and that as a consequence,
corppensation under both Acts was payable not
only for canes “‘ growing upon the holding in the
ordinary course of cultivation’’, but also for ‘‘subse-
quent crops not extending beyond first ratoons.”

Both Acts disallowed compensation for canes
planted without the consent in writing of the land-
lord after notice to quit had been served on the
tenant. The 1954 Act however differed from the
1988 Act in that the former provided that
compensation for subsequent cane crops not
extencing beyond the second ratoons could only be
paid if the tenant had cultivated and m: inaged his
holding in accordance with “the rules ot good
husbandry as defined in the 1954 Act.

On the hearing of the appeal it was admitted
by both counsel that the relevant luw to be applied
was the 1954 Act. Counsel for the appellant
consequently applied for leave to amend the second
ground of appeal contained in his Notice of Appeal
by substituting the words ‘ first and second” for
the word “first” in the last line thereof, and
counsel for the respondent having indicated that
he had no objection thereto, leave to amend was
accordingly granted.

Tt was submitted by counsel for the appellant
that the whole appeal turned on the question of the
interpretation of section 20 (2) of the 1938 Act as
amended by the 1954 Act. It must however be
borne in mind that the amendment to the 19388 Act
as introduced by the 1954 Act was not before the
Magistrate and therefore he could not apply the law
as amended to the evidence then before him. It is



110

necessary therefore to see how far the Magistrate
was able to apply that portion of the 1938 Act
which corresponded to the 1954 Act to the facts of
the case.

By virtue of the similarity between section 20
(2) of the 1988 Act and the section in the 1954
Act which replaced it, the Magistrate was able to
give compensation for first ratoons as both Acts
permitted this. In fact this head of the claim was
‘admitted and I need say no more aboutit.

In regard to “ other ratoons” valued at $18
by the respondent, the Maviztrate in his judgment
awarded $11 as compensation for these.

In giving his ruling on a submission by counsel
for the appellant-defendant the Magistrate made it
quite clear that on his interpretation of section 20
(2) of the 1938 Act, compensation could be paid
for “all canes actually growing on the holding in
the normal practice of cultivation at the time of the
determination of the tenancy, whether they be plant
canes, first ratoons or other ratoons”’.

In the evidence before the Magistrate the
respondent-plantiff admitted that she had no
second ratoons on her holding. Her witness
Munroe Lord did say that there were second and
third ratoons growing on the respondent- plaintiff's
land but he afterwards admitted under cross
examination that he had not himself s\n any
second ratoons on the respondent-plaintiff’s land
and that the respondent-plaintiff nad told him that
the canes were second ratoons. It is therefore not
unreasonable to assume that the Magistrate’s
award of $11 for “other ratoons”’, contained an
implied finding that there were no second ratoons
on respondent-plaintifi’s land and that the award
was in fact in respect of ratoons other than second
ratoons. Indeed it would have been remarkable if
the magistrate could have found otherwise in the
light of the respondent-plaintiff’s explicit admis-
sion that she had no second ratoons on her holding.

The questions to be decided therefore are
these: (a) was the Magistrate correct in holding
as he did that the words “ canes growing upon the
holding in the ordinary course of cultivation” in
the 1938 Act (which words incidentally are the
same as those in the 1954 Act) included “ plant
canes” “first ratoons or other ratoons,” and (6)
was he correct in holding that the words “ ordinary
course of cultivation” mean “normal practice of
cultivation which includes both good and bad cul-
tivation.”

Mr. Lockhart for the appellant submitted that
section 20 (2) of the 1954 Act should be interpre-
ted literally. He argued that compensation was
payable firstly, for “canes growing upon the
holding in the ordinary course of cultivation”,
which words he submitted meant canes actually
planted by the tenant of the holding as distinct
from ratoons which were merely offshoots from
the canes planted; secondly, that compensation was
payable for subsegent crops not extending beyond
first ratoons, and thirdly, that compensation was
payable for subsequent crops not extending beyond
second ratoons but only if the tenant had cultivated

THE LEEWARD ISLANDS GAZETTE.

[21 June, 1956.

and managed his holding in accordance with the:

rules of good husbandry.

Mr. Harney for the respondent submitted that
the subsection should be interpreted to mean that
compensation should be paid for all cane growing
on the land at the date of the determination of the
tenancy. His argument was that the words “cane
growing upon the holding in the ordinary course
of cultivation’, comprehended all canes growing on
the holding at the relevant time and so included
canes planted by the tenant and all ratoons spring-
ing therefrom. In order to be absolutely certain
that I understood the arguments for the respondent
very clearly I put the following hypothetical case

to counsel for the respondent:— “‘ Assume that a

tenant had 7 acres of land and planted 4 acres of it
in canes in 1951] and the remaining 3 acres in 1952.
Assume further that he reaped in 1952 the canes
which he planted in 1951 and that his tenancy was.
terminated in 1953 before he could reap the 3 acres
planted in 1952 what would be the position of the
tenant as regards com) nsation at the termination
of his tenancy?” Mr. Harney’s answer as I
understood it was as follows—‘“ Normally the
tenant would reap in 1953 3 acres of planted canes.
and 4 acres of first ratoons. He would therefore
be entitled to—

(a) compensation for the 3 acres af
planted canes

(6) an estimated value of the crop of first
and second ratoons which would have been
offshoots from the 3 acres of planted canes, and

(c) compensation limited to the first
ratoons from the 4 acres of cane planted in
1961.”

Mr. Harney further submitted that it was.
only where there were planted canes on a tenant’s
land that the question of an estimated value of a
crop could arise.

I cannot accept this submission on behalf of
the respondent as being a true interpretation of
the intention of the Legislature in section 20
(2) of the 1954 Act. It seems to me to be
unnecessarily involved and complicated. To
my mind the Legislature in laying down the:
principles on which compensation should be paid
for sugar cane cultivation under the 1954 Act
quite clearly divided canes into two categories, viz:
(a) canes growing upon the holding in the ordinary
course of cultivation, and (6) subsequent crops. The
expression “canes growing in the ordinary course
of cultivation” [ interpret to mean canes actually
planted by the tenant on his holding in pursuance
of his agricultural activities and the expression
“subsequent crops” to mean ratoon crops 2. é. crops
of cane not planted by the tenant, but which
emanated or were offshoots from the “canes.
growing upon the holding in the ordinary conrse of
cultivation”. Compensation is payable for planted
canes and for first ratoons as a matter of course,
but in the case of second ratoon, only if the tenant
has cultivation and managed his holdi:¢ in aceord-
ance with the rules of good husbandry”. The
1954 Act does not in my opinion allow



_ 21 June, 19°6.| THE LEEWARD ISLANDS GAZETTE. 11?

compensation for any subsequent ratoon crops need to draw the distinction stated above.
‘beyond the second ratoons.
In ‘the result I hold that the provisions of
Mr. Harney argued that ratoons were in fact subsection (2) of section 20 of the 1954 Act only
“canes growing upon holding in the ordinary allow compensation for (a) canes planted by a
course of cultivation ” in that they had to becleared, tenant and growing on his holding in the ordinary
manured, etc., but I think this is a mistaken course of cultivation, and (6) subsequent cane crops
conception of the meaning of these words. The 7. ¢. first and second ratoons from the canes so
essence of these words is that the canes must have planted, with the proviso that compensation for
been planted by the tenant in the ordinary way. I second ratoons was only payable where the tenant
think the Legislature intended to draw a clear had managed and cultivated his holding in accord-
distinction between canes originally planted by a ance with “ the rules of good husbandry .
tenant und canes springing as offshoots from the
canes so planted, and the language of the subsection, The appeal is allowed and the decision of the
in my opinion does clearly draw such a distinction learned Magistrate in so far as he awarded $11 to
in that it speaks of “canes growing upon the hold- the respondent-plaintiff as compensation for “ other
ing in the ordinary course of cultivation AND“ sub- ratoons”’ set aside. There will be no order as to
‘sequent crops”. If it were the intention of the costs.
Legislature that all cane crops growing on the land P. Crecit Lewis,
hould be the subject of compensation on the Ag. Puisne Judve.
determination of a tenacy there would have beenno 17th May, 1956.

eer ES





PANKING STATISTICS LEEWARD ISLANDS.
Figures for end of quarter 31st March, 1956.
All figures in British West Indian dollars.

Number of reporting banks: 2 (Barelays Bank (D.C. 0.) and Royal Bank of Canada).









LIABILITIES. ASSETS.
$ $
‘1. Notes in circulation 6,155.00 |. Cash 755,474.83
; | 2°, Balances due by other banks in Colony 4,184.95
2. Deposits 10,526,553.05 3. Balances due from banks abroad
(i) Demand 3,792,604.94 and other short claims 6,382,497.82
(ii) Time 372,309.31 4. Loans and Advances 3,422,879.23
(iii) Savings 6,361,638.80 To:
(i) Primary production (including
3. Balances due to processing or primary
products) a
(a) Other banks in Colony 196,219.23 (ii) Other industries (including
(b) Banks abroad 257,055.68 Commerce, Transporta-
tion & Distribution)
+4, ‘Other Liabilities 243,351.99 $1,851,777.59
(iii) Other
Advances 1,571,101.64
5. Investinents —_—
(a) Local —
(d) Other —
6. Other Assets 664,298.12
"Total Liabilities 11,229,334.95 - Total Assets 11,229,334.95
ANTIGUA,

Printed at the Government Printing Office, Leeward Islands, by Earn Pieort,
Acting Government Printer.—By Authority.
1956,

[Price $1.12]



;
No. 11 of 1956. *@overnor’s Emolumenis (Amend-

ment).

[L.S.]

I reserve this Bill for
the signification of Her
Majesty’s pleasure.

K. W. BriackBuRNE,
Governor.
31st January, 1956.

LEEWARD ISLANDS.
No. 11 of 1956.

An Act to amend the Governor's Emoluments
Act, 1940.

[ 1st Jannary, 1055]



ENACTED by the Legislature of the Lee-

ward Islands.

1. This Act may cited as the Governor’s
Emoluments (Amendment) Act, 1956, and shall
be rend as one with the Governor’s Emolunrents
Act, 1950, as amended, hercinafter called the
Principal Act.

2. The following section is hereby substitu-
ted for section 2 of the Principal Act:—

“9 The emoluments attached to the
office of Governor of the Colony shall consist
of —

(a) salary at the rate of fourteen
oe

thousand four hundred dollars — per

annum; and

(b) duty allowance at the rate of
six thousand dollars per annum.”

ZAK, 7292.
LYyerh

LEEWARD
IsuANnDs.

Commence-
ment,

Short title.

3/1950.
17/1953.

Substitution
of section 2 of
the Principal
Act.

FEmoluments
of the Gov-
ernor.





Lerwarp
ISLANDS.
Repeal of seo-

tion 2 of Act
17/1983.

Commence-
ment,

UNIVERSITY
OF FLORIDA
LIBRARIES



2 Governor's Hmolumenis (Amend- No. 11 of 1956.
mend), :

3. Section 2 of the Governor’s Emoluments
(Amendment) Act, 1953, is hereby repealed.

4. This Act shall be deemed to have come
into operation on the first day of January, 1955.

Rosr. L. Brapsuaw,
Deputy President.

Passed the General Legislative Council this
27th day of January, 1956.

A. Ef. PEnn,
Clerk of the Counett,



ANTIGUA,

Printed at the Government Printing Office, Leeward Islands.
by Banu Pteorr, Acting Government. Printer.—By Authority.

47/00235 —480—6.56,

1956,
Price 4 cents.



No. 11 of 1956. The Education Ordinance, 1956 ANTIGUA.

THE EDUCATION ORDINANCE
1956

No. 11 of 1956
ARRANGEMENT OF SECTIONS

PRELIMINARY.

1. Short Title.

2. Interpretation.

PART I
THE DEPARTMENT OF EDUCATION.
8. Department of Education.
Annual Report.
PART II
EDUCATIONAL DISTRICTS.

5. Proclamation of educational districts.

PART III
EDUCATIONAL DISTRICT OFFICERS.

6. Appointment of Educational District
Officers.

7. Powers of Educational District Officers.
PART IV

Duty OF PARENTS

8. Duty of parents to cause children tc
receive efficient primary instructions.

9. School attendance orders.



ANTIGUA. 2 No. 11 of 1956. The Education Ordinance, 1956

10.
11.

12.
13.

14.
15.
16.

17.

18.

19,

20.
21.

22.

23.
24.
25.

PART V

LEGAL PROCEDURE

Magistrate to declare true age of child in
absence of definite evidence.

Officer may obtain copy of certificaté of
birth.
Summary Jurisdiction as to orders.

Proceedings in name of Head of the
Department of Education.

PART VI

SCHOOLS AND MANAGEMENT.

Admission.
Records and returns.

Management of Government primary
schools.

Management of Government Secondary
schools.

Management of assisted schools.
PART VII
RELIGIOUS INSTRUCTION.
Lord’s Prayer and portion of Scripture to
be read.

Further religious instruction.
Child may be withdrawn by parents from

any religious instruction.
PART VIII
SCHOLARSHIPS.

Scholarships.

PART IX
GRANTS FROM GENERAL REVENUE.

Conditions of grants-in-aid.
Registers and records.
Refusal of grants-in-aid.



No. 11 of 1956.

26

28.
29.

30.

31..

32.

33...

34.

PART X
PRIVATE SCHOOLS.

Opening of private schools.

Returns to be furnished by proprietors,
and particulars to be registered.

Disqualifications ‘'as a teacher.

Offences in respect of returns, and em-
ployment of teachers.

Closure of schools not conducted in
‘accordance with the law.

The Head of the Department of Educa-
tion or his representative may visit
private schools and make enquiries.

Power of Governor in Council to make
regulations.

PART XI
REGULATIONS.

Regulations.

PART XII
COMMENCEMENT.

Commencement.

The Education Ordinance, 1956 3 ANTIGUA.



No. 11 of 1956. The Education Ordinance, 1956 5 ANTIGUA.
[L.S.]
I ASSENT,
(Sd.) K. W. BLACKBURN,
GOVERNOR,
22nd, May, 1956.

ANTIGUA
No. 11 of 1956

AN ORDINANCE RELATING TO EDUCATION.

(By Proclamation)

ENACTED by the Legislature of Antigua
as foilows:—

PRELIMINARY.

1. This Ordinance may be cited as the Short title.
Education Ordinance, 1956.

2. In this Ordinance — Interpretation.

“assisted” in relation to a school means
assisted bya grant or any other form
of assistance made from public funds.

“ child ” means a person who has attained the |
age of five years and has not attained
the age of fourteen years;

“Department” means the Department of
Education;

“Educational District Officer” means any
officer appointed under section 6 of this
Ordinance to carry out the provision
of this Ordinance in any educational
district;

“efficient primary instruction” means —
(a) instruction received at any Gov-
ernment or assisted primary
school;
(bo) instruction received at any private
school; or ‘
(c) private instruction received other-
wise than at a school:
Provided the person giving such



ANTIGUA. 6 No. 11 of 1956. The Education Ordinance, 1956

instruction shall have first obtain-
ed from the Head of the Depart-
ment of Education a certificate of
competency to impart efficient
primary instruction;

“Government ” in relation to a school means
maintained by Government: wholly
from public funds;

“ guardian ” includes any perscn who has the
legal or actual custody of a child ;

“Head of the Department of Education”
means the officer for the time being in
charge of the Department of Educa-
tion;

“parent’” includes guardian and: every per-
son liable to maintain or having the
actual custody of any child;

“primary school” means a school recognised
by the Head of the Department of Edn-
cation as providing primary education
for pupils up to the age of twelve years
and post-primiary education for pupils
up to the age of fourteen years ;

“post primary school” means a school recog-

nised by the Head of the Department of
Education as giving post primary edu-
citation to pupils beyond the age. of
twelve years ;

“ private school” means a school or educa-
tional class or institution attended by
twelve ‘or more children, not being a
Government or an assisted school;

“secondary school” means a school recog-
nised by the Head of the Department
of Education as providing secondary
instruction in academic, technical, in-
dustrial, or commercial subjects for
pupils up to the age of twenty years;

“teacher” means a person registered for
employment as such in any Government
or assisted schocl or in any private
school, on the register of teachers kept
by the Head of the Department of
Education.



‘No. 11 of 1956. The Education Ordinance, 1956 7 ANTIGUA.
PART I

THE DEPARTMENT OF EDUCATION.

3. There shall be a Department of Educa- Department of
tion with' an officer in charge thereof and such "°°"
other officers as may be appointed by the Governor
‘at such salaries as the Governor, with the consent
of the Legislative Couticil, may from time to time
direct.

4 The Head of the Department of Educa- Annual
tion shall submit annually to the Governor a ™?°*
report on the state of education in the Presidency,
in the form and containing information with
regard to the particulars directed by the Governor.

PART II ,

EDUCATIONAL DISTRICTS.

5. The Governor may, with the advice and Proclamation

consent of the Executive Council, by proclamation Ssuo
to be published in the Gazette declare that any
portion of the Presidency specified in such procla-
: mation shall form a district for educational pur-
poses and such district shall be called an “ educa-
tional district’; and the Governor may, with the
like advice and consent and in like manner, add to
or diminish the number of such districts and alter
the limits of any district as from time to time may
appear to be necessary. :

PART III

EDUCATIONAL DISTRICT OFFICERS.

6. The Governor may appoint one or more Appointment
officers styled Educational District Officers to oi,fducational
carry out the provisions of this Ordinance in any
educational district.

7. Every Educational District Officer shall Powers of
have Sathorn to enter any yard, house, building fitaet
or place, between the hours of six of the clock in ©Oficers.
the morning and five of the clock in the evening of
any day in the week except Sunday, and there
make any enquiries as to any child who may there
reside, or be employed, and every person who
shall hinder or cbstruct any Educational District
Officer in the performance of his duty, or who
shall wilfully make any false representation to any
Educational District. Officer with respect to the
age of any child, or who shall wilfully refuse to



ANTIGUA.

Buty of
parents to
cause
children to
receive
efficient
primary
instruction.

School
attendance
orders.

8 No. 11 of 1956. The Education Ordinance, 1956

afford te any Educational District Officer reason-
ably requiring the same, any information of
which such person is possessed as to the age of
any child, shall be guilty of an offence, and shiall .
be liable on summary conviction to a fine not
exceeding twenty dollars.

PART IV

DUTY OF PARENTS.

8. (1) It shall be the duty of the parent of

every child —

(a) to cause such child to receive effi-
cient primary instruction; and

(b) where the parent does not otherwise
provide efficient primary instruction
for his chiid, unless he has reason-
able excuse, to cause the child tc
attend at the Government or assisted
primary school nearest to the resi-
dence of*such child, every time the
school is opened.

(2) It shall be a “reasonable excuse” for the
purpose of this section if —

(a) there is not within two miles meas-
ured according to the nearest road
from the residence of such child, any
Gevernment or assisted primary
schocl open, that the child can
attend, or

(bo) the absence of the child from the
schocl has been caused by sickness
or other unavoidable cause.

(c) there is any other excuse which in
the opinion of the Head of the De-
partment of Education is a reascn-
able excuse.

9. (1) If it appears to the Head of the De-
partment of Education that the parent of any
child is failing to perform any of the duties im-
posed on him by the last foregoing section, it shall
be the duty of the Head of the Department oi
Education to serve upon the parent a notice re
quiring him, within such time as may be specified
in the notice not being less than fourteen days



No. 11 of 1956.

from the service thereof, to satisfy the Head of
the Department of Education that the child is
receiving efficient primary instruction.

(2) If, after such a nctice has been served
upon @ parent by the Head of the Department of
Education, the parent fails to satisfy him in
accordance with the 1equirements of the nctice
that the child to whom the notice relates is re-
ceiving efficient primary instruction, then, if in
the opinion of the Head of the Department oi
Education it is expedient that the child should
attend school, the Head of the Department oi
Education shall serve upon the parent, an order
in the prescribed form (hereinafter referred to as
a ‘“schocl attendance order”) requiring him to
cause the child to. become a pupil at a school
named in the order.

(3) If'any person upon whom a school attend-
ance order is served fails to comply with the
requirements of the order, he shall be guilty of an
offence and shall be liable on summary conviction
to a fine not exceeding fifty dollars.

PART V

LEGAL PROCEDURE.

10. Where the age of any child is required to
be ascertained in any legal. proceedings under this
Ordinance the adjudicating Magistrate on produc-
tion of the child before him and on considering
any evidence of age that may be adduced and the
appearance of the child and in the absence of
clear testimony to the contrary myay declare ‘and
note on the proceedings what in his opinion is the
true age of such child and such age shall for all
purposes connected with such proceedings be
taken to be the true age of such child at that
‘time.

11. Every Education District Officer snall be
entitled to obtain from the Registrar Genenal a
certified copy of any entry in any register in his
custody with respect to the birth of any child.

12 +All orders which a Magistrate is author-
ised to make under this Ordinance shall be applied
for, made and enforced, according to the provisions
of the Magistrate’s Code of Procedure Act.

13. All proceedings under this Ordinance
shall be taken in the name of the Head of the
Department of Education.

The Education Ordinance, 1956 9

ANTICUA...

Magistrate
to declare
true age of
child in
absence of
definite
evidence.

Officer may
obtain copy
of certificate
ot birth.

Summary
Jurisdiction
as to orders.
Can. 61.

Proceedings
in name of
Head of
Department
of Education.



ANTIGUA. 10 No. ii of 1956. The Education Ordinance, 1956

Admission.

“Records and
returns.

“Management of
Government
‘primary schools

“Maenagement of
Government
secondary
schools.

Management
of assisted
schools.

Lord’s Prayer ,
and portion of
Scripture to be
read.

Further
religious
instruction.

Child may be
withdrawn by
parents from
any religious
instruction.

PART VI

14. (1) Pupils shall be admitted free of the
payment of any fees to Government primary and
post primary schools.

(2) Pupils in all Government secondary
schools may be charged such fees as may be
prescribed.

15. All schools shall keep such records and
submit such returns and reports to the Head of the
Department of Education as may be prescribed.

16. Government primary schools, and post
primary schools shall be managed by the Head of
the Department of Education in accordance with
such policy as may be approved by the Governor
in Council.

17. Government secondary schools shall be
managed by their Principals in a manner and in
accordance with such policy as may be approved by
the Governcr in Council.

18. Assisted schools shall be.managed by their
Principals in accordance with such policy as may
be approved by the Governor in Council.

PART VIT

RELIGIOUS INSTRUCTION.

19. In every Government or assisted school the
Lord’s Prayer shall, each morning on which the
school is open, be publicly repeated at the opening
of the school by the teacher in charge of the school,
or, if he be absent, by the senior teacher then
present ; and a portion of the Holy Scriptures shall
be read daily, without comment, in such school
during school hours; and no grant from public funds
shall be made to any assisted school where this
section is not complied with.

20. In every Government school further re-
ligious instruction in the Christian religion shall be
given subject to such regulations as may be made
by the Governor in Council ; and further religious
instruction in the Christian religion may be given
in any assisted school but no grant from public
funds shall be made to any assisted school, for or in
respect of instruction in religious subjects.

21. (1) Every Government and assisted school
shall be open to children of all denorainations, and
any child may be withdrawn by his parents from
any instruction in religious subjects and from any
religious observance in any such school, and no
child shall in any such school be placed at any dis-

\



No. 11 of 1956. The Education Ordinance, 1956 11 ANTIGUA.

advantage with respect to the secular instruction
given therein by reason of the denomination to
which such child or his parents belong or by reason
of his being withdrawn from any instruction in
religious subjects.

(2) The time or times during which any
religious observance is practised, or instruction in
religious subjects is given at any session of thc
school for primary instruction shall be either at
the beginfiing and at the end of such session and
shall be specified in a table approved of by the Head
of the Department of Education.

PART VIII

SCHOLARSHIPS.

22. The Governor in Council may in each year
award scholarships tenable at any Government or
assisted secondary school of such number and value
as may be deemed advisable.

PART IX.
GRANTS FROM GENERAL REVENUE.

23. Subject to the provisions of this Ordinance
and to the regulations made thereunder, any
assisted school may, on application being made by
the body by which such school is maintained, receive
such aid from public funds as may be provided by
the Legislative Council. F

24. (1) There shall be kept in respect of every
assisted school such registers as may be. required
by the Head of the Department of Education and
such registers shall be produced for inspection when
required by the Head of the Department of
Education.

(2) A detailed statement of the expenditure of
the grant to any such school, in respect of the
previous year ending the 31st day of December, shal]
be submitted annually before the 31st day of
January.

(3) Every assisted school shall be open to in-
spection by the Head of the Department of Educa-
tion or any officer in the Department deputed by
-him in writing to act as his representative.

25. No grant shall be made to any assisted
school —

(a) in respect of which there is failure to
comply with the requirements of this
Ordinance or of the regulations made
thereunder ;

4

Scholarships.

Conditions of
grants in. aid.

x

Registers,
statement of
expenditure and
inspection.

Refusal of
grants in aid.



ANTIGUA.

Orening of

private schools.

Returns to be
furnished by
proprietors and
particulars to
be registered

12 No. 11 of 1956. The Education Ordinance, 1956

(b) unless the grant to such school shall
be applied only for educational pur-
poses approved by the officer in charge
of the Department ;

(c) which the Governor in Council con-
siders superfluous or unnecessary ;

(d) which is maintained for the financial
benefit of an individual or any group
of individuals.

PART X.

_ PRIVATE SCHOOL.

26. (1) No private school shall after the date
of the commencement of this Ordinance be conducted
without the approval in writing of the Head of the
Department of Education.

(2) Any person who after the date of the com-
mencement of this Ordinance wishes to open or
conduct a private school shall make application to
the Head of the Department of Education on a
form to be supplied by the Department.

(3) The Head of the Department of Education
shall not approve the opening or conducting of a
private school unless he is satisfied that the require-
ments of this Ordinance and any regulations made
under this Ordinance have been met.

27. (1) Evéry proprietor of a private school
shall upon the request of the Head of the Depart-
ment of Education furnish him with a return in
writing signed by such proprietor and in such form
as shall be required by the Head of the Department
o Education and containing the following particu-
ars :—

(a) the proprietor’s full name and address ;

(b) the situation of the school and
whether the proprietor is the owner,
or lessee, or tenant of the premises ;

(c) the number and size of the class-
rooms ;

(d) details of the furniture, equipment and
-appliances to be used in each class-
room ;

(e) the area (if any) allotted as a play-
ground ;

(f) the number and type of latrines to be
used in connection with the school ;

(g) provisions for the supply of drinking
water ;

(h) the hours during which the school is
open ;



No. 11 of 1956.) The Education Ordinance, 1956 13 ANTIGUA,.

(i) the full name and address of every
teacher ;

(j) such other information as the Head of
the Department of Education may re-
quire for the purpose of making more
complete or explicit the foregoing par- ‘
ticulars.

(2) Whenever there shall occur any change in
the ownership of the school or its location, or any
modification in respect of any of the aforesaid par-
ticulars, the proprietor shall forthwith furnish the
Head of the Department of Education with a
Reig return containing the correct particu-
ars.

(3) If a private school remains closed for a
longer period than thirty consecutive days (except
for regular holidays, not exceeding twelve weeks
in any one year) the proprietor shall furnish the
Heal of the Department of Education with a
supplemental return giving the reasons for the clos-

~ing of the school and the period the school is likelv

to remain closed, and if subsequently the proprietor
desires to reopen such school, a new return contain-
ing the particulars referred to in subsection (1)
of this section shall be furnished to the Head of the
Department of Education before such school is re-
opened.

(4) In the month of January in each year every
proprietor of a private school shall furnish the Head
of the Department of Education with a return in
respect of the previous school year 1st January to
81st December containing the following particu-
lars :—

(i) the number of sessions during which
the schoo] was opened ;

(ii) the number of pupils on the roll on
the 31st December ;

(iii) the average attendance for the school
year ;

(iv) the percentage of attendance of the
total possible attendances for the
pupils on the roll.

(5) The particulars in respect of private
schools as required by this Ordinance shall be
recorded by the Head of the Department of Educa-
tion in a register to be designated ‘“ The Private

Schools Register ”’.

28. No person shall be employed in a private pisquaiia-
school as a teacher or act as a teacher therein if it Aeneid
is shown to the satisfaction of the Governor in :
Council that he is unsuitable to be in charge of
children or to teach them.



ANTIGUA. 14 No. 11 of 1956.

Offences

Closure of
schools

mot conducted
im accordance
with the

Taw.

The Head

of the
Department

of Education, .
or his repre-
sentative may
visit private
schools and
make enquiries

|

The Education Ordinance, 1956
foe (1) Any proprietor of a private school
who —

(a) fails to furnish the returns required
by this Ordinance, and in the manner
so required ; or
furnishes a return which he knows to
be false or misleading in a material
particular ; or .,
knowingly employs as a teacher any
person who is disqualified under section
28 of this Ordinance to act as such,
or permits such person to act as a
teacher,

shall be guilty of an offence and shall be liable,

on summary conviction, to a fine not exceeding

one hundred dollars. ,

(2) Any person who is disqualified under
section 28 of this Ordinance and with knowledge of
such disqualification acts as a teacher in a private
school shall be guilty of an offence and shall be liable,
on summary conviction, to a fine not exceeding one
hundred dollars.

(b)

(c)

30. If the proprietor of a private school com-—
mits any breach of the provisions of this Ordinance
or of any regulations made thereunder, the Head
of the Department of Education shall give notice
in writing to the proprietor requiring him to comply
with such provisions or to close down the school
within such time as shall be stated in the notice. If
the proprietor fails to comply with such notice, the
Head of the Department of Education, with the con—
currence of the Governor may apply to any
Magistrate for an order for the closure of the school,
and the Magistrate, after hearing the parties, if he
is satisfied that the school is not being conducted
in accordance with the provisions of this Ordinance
or of the regulations, may make such order in the
circumstances as he thinks fit, and the proprietor
shall, if he fails to comply with the order be guilty
of an offence and shall be liable, on summary con-—
viction, to a fine of five dollars for each day on
which he fails to comply with the order.

31. (1) The Head of the Department of Edu-
cation or any officer of the Department deputed by
him in writing to act as his representative may
enter any premises wherein a private school is be-
ing conducted, at any reasonable time during school
hours, for the purpose of making enquiries and dis—
charging such duties as may be imposed on him by
so Ordinance or by any regulations made there
under.



No. 11 of 1956. The Education Ordinance, 1956 15 ANTIGUA.

(2) Every person who —

(a) obstructs or resists the Head of the
Department of Education or any such
officer in the performance of his
duties ; or

(b) wilfully makes any false representa-
tion to the Head of the Department of
Education or any such officer ; or

(c) wilfully refuses to furnish to the Head
of the Department of Education or
any such officer any information which
such person may be required to
furnish by this. Ordinance or the
regulations made thereunder,

shall be guilty of an offence and shall be liable, on
summary conviction, to a fine not exceeding two .
hundred dollars.

32. The Governor in Council may make regula~ Power of
tions in respect of the following matters :— in Council

(a) the size of classrooms in private [0."3hGns.
schools and their equipment, the num-
ber of children that may occupy each
such classroom, and the necessary
latrine conveniences to be provided.

(b) for the preservation of health and
the prevention of the spread of disease
among the pupils in private schools ;

(c) for prescribing the registers and other
records to be kept by proprietors of
private schools and the particulars to
be supplied to the Head of the Depart-
ment of Education by them ; and
generally, for more effectually carry-
ing out the provisions of this part of
this Ordinance.

(d

—

PART XI.
REGULATIONS.

33. The Governor in Council, may make Regulations.
regulations dealing with all or any of the following
subjects :—

(a) Primary and Post Primary Educa-
tion —

(i) the establishment, maintenance,
administration, management and
discontinuance of Government
and of assisted primary and post
primary schools ;

(ii) the inspection and examination
of such schools, and the curri-



ANTIGUA. 16 No. 11 of 1956. The Education Ordinance, 1956

culum and instruction to be
given therein.

(b) Secondary Education —

(i) the establishment, maintenance
and discontinuance of Govern-
ment secondary schools, their
policy and administration ;

(ii) the payment or remission of
pupils’ fees ;

an) the award, amount and tenure
of scholarships and the condi-
tions under which candidates
shall be examined.

(c) Vocational and Technical Education —
the establishment of a system of
vocational and technical educa-
tion.

(d) Teachers —

(i) the. training of teachers, their
qualifications and grading ;

(ii) the establishment and adminis-
tration or discontinuance of
Government and assisted Train-
ing Colleges for teachers ;

(iii) the payment of grants to train-
ing colleges and hostels for
students and teachers and of
allowances to students.

(e) General —
generally for the better carrying
out of the provisions of Parts I
to IX inclusive of this Ordinance.

PART XII.
COMMENCEMENT.

Commencement. 34. This Ordinance shall come into operation on
a date to be appointed by the Governor by Pro-
clamation to be published in the Gazette.

ALEC LOVELACE,
President.

Passed the Legislative Council this 14th day of
May, 1956.

F, A. CLARKE.
Ag. Clerk ef the Council.

TS
Printed by The Voice Publishing Co., (1953) Ltd.
Bridge Street, Castries, St. Lucia, B.W.I.—By Authority.

I



No, 17 of 1956, Antigua Oonstifution and Flec- ANTIGUA.
tions (Amendment No. 2)

[L.S. |
1 AssEnv,
P. D. Macpona.p,
Governor’s Deputy.
13th June, 1956.

ANTIGUA.
No. 17 of 1956.

An Ordinance to amend the Antigua Constitution
and Elections Ordinance, 1951.

j 13th Jung, 1956. | ence
UNACTED by the Legislature of Antigua
as follows:——

1. This Ordinance may be cited as the Short title,
Antigua Constitution and Elections (Amendment
No. 2) Ordinance, 1956 and shall be read as one
with the Anticua Constitution and Elections
Ordinance, 1951, as amended, hereinafter called to/1951.
the Principal Ordinance.

2. The First Schedule to the Principal Amendment
Ordinance is hereby amended — eucinioda

the Principal
(1) by substitute the following for the Ordimance
boundaries of the electoral district of Saint
John’s City (Seuth’ and Barbuda in the
second column of the Sehedule:—

“NORTH—by Long Street and
the Factory Road to its junction with
the Seotts Hill Road;

SOUTH AND SOUTHWEST—-
by the Ottos Road leading to All Saints
to its junction with Market Street, as far

Sas South Street and thenee by a line in
extension of South Street westwards
to the Sea.



‘

‘
ANTIGUA. 2 Antigua Constitution and Elee. No. 17 of 1956.
tions (Amendment Na, 2)

EAST-—by Scotts Hall load form-
ing part of the Western boundary of the
Saint John (Rural) South electoral
district;

WEST—by Saint John’s Harbour.
The Island of Barbuda.”

(6) by substituting the following for the
boundaries of the electoral district of Saint
John (Rural) South in the second column
of the Schedule:—

“NORTH—by the Factory Road
from its junction with the Scotts Hill
Road to its junction with the parish
boundary West of the Antigua Sugar
Factory;

SOUTH—by the parish boundary;
EAST—by the parish boundary

including the village of Sea View Farm;

WEST AND NORTHWEST— by
the Scotts Hill Road to its junction |
with the Ottos Road and thence in a
westerly direction along the Ottos Road
to its junction with the cross road
(formerly a barricade road) leading to
the Valley Road and forming part of
the Eastern boundary of the Saint John
(Rural) West electoral district.”

(ec) by substituting the following for the
boundaries of the electoral district of Saint
George and Saint John (Rural) North in the
second column of the Schedule:—

“ NORTH—by the sea;

SOUTH—by that portion of the
Factory Road forming the Northern
boundary of the Saint John (Rural)
South and the Saint John’s City (South)
and Barbuda electoral districts; :



No, 17 0£ 1956. Antigua Oonsttlution and Ele 3 ANTIQUA.
tions (Amendment No. 2)

KNAST—by the parish boundary
with the Parish of Saint George exclu-

ding the village of Sea View Farm;

WEST--~in part by the sea and in
part by Hymans Road and East Street
in the city of Saint John.”

Asc LOVELACE,
President.

Passed the Legislative Council this 22nd day
of May, 1956.

F. A. CLARKE,
Acting Clerk of the Council,

ANTIQUA.
Printed at the Government Printing Office, Leeward Islands,
by EArt Pigott, Acting Government Printer.—By Authority.
1956,

47/76-11—480—6.56. [Price 6 cents,



'

Contra’ Roard of Fralth
(Constitution and Lemporary
Powers) (Amendment).

No. 18 of 1956.

| L.s. |
i Assent,
bP. D. Macponacp,
Governor’s « Deputy.

13th June, 1956.
ANTIGUA.
No. 18 of 1956.

An Ordinance to ataend further the Central Board

of Health (Constitution and Temporary
Powers) Ordinance, 1954.
[ist January, 1956]

ENACTED by t

follows:—

he Legislature of Antgua as

1. This Ordinance may be cited as the Central
Board of Health (Constitution and Temporary
Powers) (Amendment) Ordinance, 1056, and shall
be read as one with the Conteal Rea of Health
(Constitution and Temporary Powers) Ordinance,
1954, us umended, hereinafter called the Principal
Ordinance:

8. Section 4 of the Principal Ordinance 18
hereby amended by the addition of the following
subsection at the end thereof:—

(3) Lt is hereby declared that member-
ship of the Board, whether with or without
remuneration or other allowance, does
constituie the holding of a public once within
the meaning of the Antigua Constitution and
Klections Ordinance, 1941.”

3.

not

After section 6 of the Principal Ordinance

the following section shall be inserted as sec-
tion GA:-—
“OA. ‘The Governor in Council may
authorise the pavmeni cae of each funds
may be placed af the disposal fol che Board

under section 5 of this Ordinance, of such sum

ANTIGUA,

Commence-
ment.

Short title,

L5/tOb4.
14/1955

Amendment
of section +
of the
Principal
Ordinance.

10;1981,

Addition of
new section to
the Principal
Ordinance.

Kenmtneration
of members of
the Bored,



Antigua. 2 Central board of fealth No. 18 of 1956,
(Consttition and Temporary
Powers) (Amendment).

or sums by way of remuneration or other
allowance to the Chairman and other members
of the Board as he may think fit:

Provided that the Medical Officer of
Health being er officio Chairman of the Board
and any other public officer who is a member
of the Board shall not be entitled to receive
anv such remuneration or allowance.”

Commence- 4. This Ordinance shall be deemed to have
cae come into operation on the Ist day of January,
1956.
ALEC LovELAcek,
President.

Passed the Legislative Council this 22nd day
of May, 1956.
K, A. CLARKE,
Acting Clerk of the Council.

ANTIQUA.
Printed at the Government Printing Office, Leeward Islands.
by Maru Pigorr, Acting Government Printer.—By Authority.
1956,

A. 47/181—480—6.56. {Price 4 conts.]



No. 19 of 1956. Industrial Development

(Amendment),
I L.S.]
I Assuw,
P. D. Macponaxp,
fFovernor’s Deputy.
13th June, 1956.

ANTIGUA.
No. 19 of 1956.

Ordinance to amend further the Industrial
Development Ordinance, 1953.

[ist January, 1956]
ENACTED by the Legislature of Antigua as

follows:—-

An

1. This Ordinance may be cited as the
Industrial Development (Amendment) Ordinance,
1956, and shall be read as one with the Industrial
Development Ordinance, 1953, as amended, herein-
after called the Principal Ordinance.

2. Section 4 of the Principal Ordinance is
hereby amended by the addition of the following
subsection at the end thereof:—

““(8) It is hereby declared that member-
ship of the Board, whether with or without
remuneration or other allowance, does not
constitute the holding of a public office within
the meaning of the Antigua Constitution and
Elections Ordinance, 1951.”

83. After section 7 of the Principal Ordi-
nance the following section shall be inserted as
section 7A:-—

“7A. The Governor in Council may
authorise the payment out of the funds of the
Board of such sum or sums by way of
remuneration or other allowance to the Chair-
man or other members of the Board as he
may think fit:

Provided that where any member of the
Board is a public officer he shall not be

ANTIGUA,

C‘ommence-
ment.

Short title,

13/1963.
2/1955.

Amendment
of section 4
of the
Principal
Ordinance.

10/1951.

Addition of
new section to
the Principal
Ordinance.

Remuneration
of members of
the Board.



Antiava. 2? Industrial Development. No. £9 of 1956.
(Amendmeni.)

entitled to receive any such remuneration or
allowance.”

Commence- 4. This Ordinance shall be deemed to have
matt come ito operation on the Ist day of January,
1956.
Arc LovELace,
President.

¢
Passed the Legislative Council this 22nd day
of May, 1956.
F, A, CiarKE,
acting Clerk of the Council.

ANTIGUA.

Printed af tne Government Printing Office, Leeward Islas.
by Bart Piaorr. Acting Geverninent Printer.-By Authority.
1956,

A. 47/88—480—06.56. [Price 4 cenis.|



No. 20 of 1956, Sugar Export Cess
(Amendment)
[L.8.]

I Assent,
P, D. Macnorarp,
Governor’s Deputy.
18th June, 1956.

ANTIGUA.
No. 20 of 1956.

An Ordinance to amend the Sugar Kxport Cess
Ordinance, 1947.

[ist January, 1956}

ENACTED by the Legislature of Antigua
as follows :—

1. This Ordinance may ke cited as the
Sugar Export Cess (Amendment) Ordinance,
1956, and shall be read as one with the Sugar
Export Cess Ordinance, 1947, hereinafter called
the Principal Ordinance.

2. Section 3 of the Principal Ordinance is
hereby amended :—

(1) by deleting the words ‘“ manufac-
tured in the Presidency and exported there-
from’ and substituting therefor the words
“to which this section applies’; and

(+) by renumbering the section as
subsection (1) and adding the following as
subsection (2) :—

*(2) This section applies to sugar
manufactured in the Presidency and
exported therefrom—

(a) which is sold or is to be sold at

a price negotiated annually pursuant to

an agreement entered into between the

' Ministry of Food on behalf of Her
Majesty’s Government in the United

Kingdom and, ater ave, the British

West Indies Sugar Association (Inc.)

on behalf of the sugar industries and

ANTIGUA.

Commence:
inent.

Short title.

10/1947

Amendment of
section 3 of
the Principal
Ordinance.



Anriava.

Insertion of
new sections
to the Princi-

2

Sugar Leport Cess No. 20 of 1956.

(Amendment). .

exporters m the british West Indies
and signed on the 21st day of Decem-
ber, 1951: or

(6) which is sold or is to be sold
at @ price per ton free on board not less
than the net price per tqn free on
board of the sugar referred to in
paragraph (a) of this subsection.

‘The expression “net price per ton”
means the sum obtained by deducting
the cess specified in this section from
the current price per ton free on board
of the sugar in respect of which the
term is used.”

(1) After section 7 of the Principal

Ordinance the following sections shall be in-

pal Ordinance. serted as: sections 7A and 7B respectively:—

te Membership
of bodiss ©

created by sec-

tion 7 (6) not
to constitute
holding of
public office.

10/1951

Remunera-
tion to mem-
bers of bodies
constituted
under section

ras

7 (8)

7A. It is hereby declared that mem-
bership whether with or without remunera-
tion or other allowance, of any bodies which
may be constituted under the provisions of
paragraph (6) of section 7 of this Ordinance
for the administration of the funds does not
constitute the holding of a public office
within the meaning of the Antigua Consti-
tution and Elections Ordinance, 1951.

7B. (1) The Governor in Council may
authorise payment to members of any of
the bodies which may be constituted under
the provisions of paragraph (4) of section 7
of this Ordinance for the administration of
the funds, of such remuneration or other
allowance as he may think fit :

Provided that where any member of
such bodies is a public officer he shall not
be entitled to receive any such remuneration

- or allowance.

(2) The remuneration or other allow-
ance authorised by subsection (1) of this
section to be paid to members who are
eligible therefor shall be paid out of the



No. 20 of 1956, Sugar Export Cess 3 ANTIGUA.
(Amendment)

monies of the fund which such members
are appointed to administer.

(3) This section shall be deemed to ane
have come into operation on the Ist day of
January, 1956.”

Avec LOvELACE,
President.

Passed the Legislative Council this 22nd
day of May, 1956.

F, A. Crarkg,
Acting Clerk of the Council,

ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by EaRL Preotrr, Acting Government Printer.—-By Authority.
1956,
A. 71/8 —11—480-—6,56. [Price 6 cents,



No. 21 of 1956. — -Latiyua Constitution and ANTIGUA.
Elections (Katension of Time),

[L.8.]
| ASSENT,
P. D. MacponaLn,
‘ rovernor’s Deputy.
19th June, 1956

ANTIGUA.
No. 21 of 1956.

An Ordinance to extend the time limited in
subsection (1) of Section 43 of the Antigua
Constituzion and Elections Ordinauce, 1951,
for the issue, of the Proclamation therein
mentioned,

[19th June, 1956. | Commence-

ment,

WHEREAS subsection (1) of section 43 of preamble.
the Antigua Constitution and Elections Ordinance,
1951, provides that the Supervisor of Iilections
shall in such month in such vears as the Adminis-
trator by proclamation may appoint and im no case
being more than three years after the date of
the retarn of the first writ at the last preceding
general election publish a notice in the (racette and -

‘in one or more newspapers published in the
Presidency requiring within twenty one days after
the first publication of the said notice every person
who claims to be entitled to vote at an election to
deliver to the registering officer of the polling
division of the electoral district in which such per-
son resides notice of his claim to be registered as a
voter:

AND WHEREAS the return of the first writ
at the last general election was made on the 12th
day of December, 1951:

AND WHEREAS the Administrator has not
within the time prescribed by the said subsection
(1) of section 43 of the said Ordinance in the
manner prescribed by the said subsection appointed
the date on which the Supervisor of Elections
should comply with the provisions of the said
subsection:



Awtiava. 2 Antigua Consti'ution and No. 21 of 1956.

Short title. 1. This Ordinance may be cited as the
Antigua Constitution and Elections (Jixtension of
case Time) Ordinance, 1956 and shall be read and
13/1954, construed as one with the Antigua Constitution and
ieee. Mlections Ordinance, 1951, as amended (hereinafter,
17/1956. referred to as the Principal Ordinance).
Extension of 2. eee anything contained in
on subsection (1) of section 43 of the Principal Ordi-
tion, nanee which limits the time for the issue of the
proclamation appointing the date for the publication
of the notice requiring persons claiming to be
entitled tv vote to register their cliims, the provi-
sions of the said subsection shall, for the purpose of
complying with the remaining’ provisions of the
said section and of sections 4+ to 48 inclusive of the
Principal Ordinance in preparation for the yeneral
election which may be held in the year 1956 as a
result of the extension of the life of the Legislative
Council the. Presidency by the Legislative
V1j19a4. Couneil (Extension of Duration) Ordinance 1944,
be construed as if for the word ‘ three’ ’ appearing
betweer the word “ than” and the word “years” in
line 5, the word “five” were substituted.
Duration. 3. This Ordinance shall expire on the 15th

Elections (Matension of Time).

AND WHEREAS it is expedient to extend
the tine for complying with the said provisions of
the said subsection:

BE IT ENACTED by the Legislature of

Antigua as follows:—

day of November 195%.

Atec Lovetacs,
President.

Paased the Legislative Council this 19th day of
June, 1956,

F. A. Crarke,
Acting Clerk of the Council,

; ANTIGUA.
Printed at the Government Printing Offies, Leeward Psiandy.
by Earn Proorr. Acting Government Printer. —By Authority
1956.

A. 47/76—480—6.56. | Price 4 cents.



e

No. 13 of 1956. Lunacy and Mental Preatinente MONTSFRRAT.

[L.8. ]

L Assent,
Kk. W. BuackBurNg,
Governor.
6th June, 1956,

MONTSERRAT.
No. 18 of 1956.

An Ordinance to provide for the custedy and treatment of
persons of unsound mind, for their removal from the
Colony to a mental hospital outside the Colony for such
treatment, and for other purposes incidental thereto and
connected therewith.

[By Proclamation | Commence-
ment.

ENACTED ky the Legislature of Montserrat.

lL

This Ordinance may be cited as the Lunacy and Short title.

Mental Treatment Ordinance, 1956.

2.

In this Ordinance--

“Arrangement” means an Arrangement made under Intorpreta

section 3; tion,

“crime” means any felony or misdemeanour;

‘criminal lunatic ” means a person detained in custody by

reason of his having been charged with an offence.
and either found to have been insene at the time of
such offence, or found cr certified or otherwise
lawfully proved to be unfit on the ground of his
insanity to be tried fer the same, and includes a
person convicted of an offence and afterwards
certified or otherwise ‘awfully proved to be insane;



Montserrat. 20 Luncey and Mental Treatinent. No. 13 of 1956.

_ “insane person” or “person of unsound mind” or
“natient” includes ax idiot and any other person of
unsound mind;

“institution” means a hospital or ether suitable place
appointed as such by the Governor in Counci! for the
purposes of this Ordinance;

“licensed house” means a house licensed for the reception
of a person of unsound mind under thi: Grdinance;

“licensee” means the person to whom a licence ‘in
respect of a licensed house is granted;

“mental hospital” means a mental hospital te which a
temporary patient, or a voluniary patient or a person
who has becn duly adjudged to be of unsound mind
and a proper subject for confinement may be removed
pursuant to an Arrangement;

“pauper patient” means any insane persen who is found
wandering at large, or who is not under proper care
or not under proper control, or who is likely to
commit a crime;

“removal order” means an order made by the Admin-

istrator under section 4;
“Schedule” means Schedule to this Ordinance:

“ section” means section of this Ordinance;

“temporary patient” means a person described in section

,

“Visiting Committee” means the Visiting Committee for
licensed houses referred to in section 16;

“‘ voluntary patient” means a person described in section
39.

Power to 8. (1) The Administrator may on bekalf of the Colony

Administrator enter into an Arrangement with the Administrator of Antigua

ee upon such terms and subject to such conditions 23 they may
rrangement ° ‘ 7 ; : e

with Admin. consider appropriate for the reception and detertion iu, and

istrator of discharge from, a mental hospital in Antigua ot zy person of
Antigua. unsound mind or voluntary patient or temporary patient in the
Colony.

(2) Any Arrangement made under this section may he
varied or revoked by a subsequent Arrangement.

Power to . 4, Where under the provisions of section 3 an Arraage-
euacetel tad ment has been made, the Administrator may by crder under his
moval tomen- hand (hereinafter referred to as ‘‘a removal order ”) direst the
tal hospital, | removal from the Coleny of any person duly adiwdged to he a

person of unsound mind and a proper subject of continement,

Form 1. fo a mental hospital and such order shall be sufticient authority



No. 13 of 1956. Lunacy and Mental Treatment, 3 Montsrrrar.

for the removal of such person of unsound mind from the
Colony, his conveyance to, and his reception and detention in a
mental hospital, and in the event of his escape therefrom, his
capture and return to the said hospital.

ADJUDICATION OF PERSONS OF UNSOUND MIND.

5. (1) Any Magistrate, upon the information upon oath Enquiry as to
of any informant te the effect that the informant has good |"nacy.
cause to suspect and believe and does suspect and believe some
person to be of unsound mind and a proper subject for
confinement, may, in any place which he deems convenient, Form 2.
examine such persen, and, in the same place or elsewhere, may
held an enquiry as te the state ef mind of such person.

For the purposes of sucis enquiry the Magistrate skall have
the same powers as if the person alieged to be of unsound mind
were a person against whom a complaint for an offence
punishable on summary conviction has Leen laid:

Provided ihat uo persen alleged to be of unsound mind
stall be required to attend ai any Magistrate’s Court for
examination by a Magistrate nor shall ie be taken to any such
court for such purpose.

(2) A Magistrate may, if he thinks fit, proceed with an
enquiry under this section in the absence of the person alleged
te be of unsound mind and without proof of the service of any
summons upon suc: person.

(3) Hf, at any stage of an enquiry under this section, it
shali be shown to the satisfaction of the Magistrate conducting
such enquiry that the person alleged to be of unsound mind is a
person whom it is expedient to put iminediately under confine-
ment pending the conclusicn of the enquiry, it shall be lawful
tor such Magistrate either prouyiiv sot or at the request of
the informant—-

(a) to make a written order for the detention of
such person during a period which shall not exceed four-
teen days in an institution;

(») from time to time, on geod cause shown to
make further orders for such detention, in the like form,
for periods none of which shall exceed eight days:

Provided that no such person shall be detained under
observation for more than iwo months at a time;

() at any time, by order under his kand, to direct
that the person detained be released.

(4) It shall be lawful for any person to whom the
execution of an order made under the last preceding subsection
is entrusted, to convey the person alleged to be ef unsound
mind therein mentioned to the specified place cf detention and
there to detain him during the peried specified unless previous .



MoNTSERRAT.

Form 3.

Urgency
orders.

4A Lunacy aid Mowal Treatineni. No. 1 of of 1956.

to the expiry 6. sici period the release of ihe persea a! Teged to
be of unsound mind te ordered in due ceurse of lw.

(5) The “fagistrate shall also appoint two government
medical officers to examine the suspected per son ard shell
furnish such gevernment medical oificers with ail ae inocma-
tion bearing on the mental state of such suspected person which
he has been as -e to procure and such governinent medical
officers shat}, 1 i tcy consider the facts warrant thei in so doing,
sign separate ceriticates certifying that in their opinion tie sus-
pected person is 0. unsound mind. Each such certificate shall spe-
cify in full detail the facts upon wich the person signing it founds
his opinion, and shall distinguish facts which he has hiinself
observed from fact: communicated by others. The person sigs
ing each certificate information as to # ‘ous history of the suspected person,
and shall state in his certiiicate all matters known to him which
he deems likely to be of service with reference io medical
treatment. No certificate shall have any effect under this
Ordinance which purports to be founded wholly on facts
communicated by others.



we











(6) The informant referred to in subsectien (1) of this
section shall, if required by any government taedicai officer
appointed to examine the suspected person, by writien notice
served persone!ly on him, attend at the time and pizce specified
in such notice end give "such information touching tae mental
condition of the suspected person as shall be in his power to
give. Any such person who neglects or refuses ic attend as
and when so required cr refuses to answer any ©, .:stion con-
cerning the mental condition of the suspected pero. which may
be put to him by a government medical officer enquiring
into such menial condition shall on summary conviction be
liable to a fine of four hundred and eighty collars er to
imprisonment for six months.

6. (1) Notwithstanding the provisions of section 5,
whenever a Magistrate considers it expedient, eizker for the
public safety or for the welfare of any person wii): respect to
whom an information on oath under the said section hes been
laid, that such person si:ould Ge forthwith placed unier observa-
tion, he may without the production of a meilica! certificate by




writien order direct ihat such person be rece iat an
institution ito ve named in the order and Ja tore celamed
under observation during such period, not excecdicg fourteen

days, as to the Magistrate may seem expedient:

Provided that on good cavse shown such crder may be
enlarged for further periods none of which shall czceed eight
days:

Provided further that mo such person shail “e Jetained
under observation fer more than two months at a time.

(2) The Magisivaie shall furnish the meiicai obicer in
charge of ihe institution with all the information / ering on the
mental state of the person so detained which he has been able to
procure.



No. 13 of 1956, Lunerry and Mental Treatment, § Montssrrar.

(3) The person who has laid the information on oath
referred to in subsection (1) of this section shall, if required
by the medical officer in charge of the institution by written
notice served personally on him, attend at the time and place
specified in such notice and give such information touching the
men‘a! condition of the person so detained as shall be in his
power to give. Any such person who neglects or refuses to
attend as and when so required or refuses to answer any
question concerning the mental condition of the person detained
which may be put to him by the medical officer in charge of the
institution shall on summary conviction be liable io a fine of
four hundred and eighty dollars or to imprisonment for six
months.

(4) If the medical officer in charge of the institution
certifies that any such person so detained under cbservation is
of sound mind, such person so detained shall be discharged
therefrom with all convenient speed and the said officer shall
notify the Magistrate accordingly within seven days of such
discharge.

(5) If the medical officer in charge of the institution
signs a certificate in the manner and form and _ contain-
ing the particulars required under subsection (5) of section
5 certifying that in his opinion the person so detained is
of unsound wind the Magistrate shall proceed te hold an
enquiry into the state of mind of such person in accord-
ance with the provisions of section 5:

Provided that for all the purposes of this Ordinance
the said medical officer in charge of the institution shall
be deemed to be a government medical officer appointed
under subsection (5) of section 5, and his certificate signed
under this section shall be deemed to be a certificate signed
by him under subsection (5) of section 5.

7. (1) Whenever a Judge or a Magistrate has reason Admission of
to believe that a person committed for trial before him or 2®°o"sed ae
charged before him with an offence is of unsound mind, he oa. ie
may for the purpose of obtaining evidence as to whether such
person is or is not of unsound mind, by written order direct
that such person be received into an institution, to be named in.
the order, and be there detained under ob.crvation during such
period, not exceeding fourteen days, as to the Judge or
Magistrate may seem expedient:

Provided that on good cause shown such order may be
enlarged for a further period or periods each not exceeding
eight days at a time:

Provided further that no order under this subsection shal
be made in respect of persons who are not being kept in custody
pending trial.



Monserrat

False medical
certificate.

Adjudication
of person of
unsound mind,
Forin 4.

Form 4.

Custody of
person of un-
sound mind,

Form 4.

Form 5.

Form 6.

Appeal,

6 hunaey and Mental Treatment. No. 13 of 1956.

(2) When an order has been made under this section a
certificate under the hand of the medical officer in charge of
the institution shall be sufficient evidence of the facts therein
stated concerning the state of mind of the person kept under
observation and it shall not be necessary to prove the hand-
writing of such officer, but the Judge or Magistrate may
examine any members of the staff of such institution who- shall
have had the patient under observation.

(3) Every person ordered under this section to be
received inte an institution for observation shall be received
inio the institution named in the order and be there detained
under observation for the period stated in the order or for
such shorter period as the Judge or Magistrate who made the
order may direct, and it shall be lawful fer any person to
whom the execution of the order is entrusted to convey the
person named therein to such institution. :

8. Any government medical officer or registered medical
practitioner who knowingly and wilfully in any certificate
under this Ordinance falsely states or falsely certifies anything,
shall be guilty of a misdemeanour, and, on conviction thereof
on indictment, shall be liable to a fine of two hundred end
forty dollars, and may also, if the court so think fit, be
imprisoned for one year.

9. Where, upon such enquiry as is provided for by this
Ordinance, it appears to the Magistrate that any person is of
unsound mind and a proper subject of confinement, and such
medica: certificates as by this Ordinauce are required of his
unsoundness of mind have been given, the Magistrate sav
adjudge suc!: person to he of unsound mind and a proper 3ii-
ject of confinement, and may make an order according to tliis
Ordinance for the detention of such person in an institution
pending the making of a removal order in respect of such
person.

10. Where, under this Ordinance, any person has veen
duly adjudged to be of unsound mind and a proper subject of
confinement, a Magistrate may—

(«) make an order as provided in section 9; or

(4) grant to any person residing in the Colony

a licence authorising such persen to receive the person cf

unsound mind inte some house specified in the licence,

eat situate within the Colony and there te take charge of
im; or

(¢) if it appears that the person of unsound mind is
a pauper patient, make an order for the detention ef such
person in an institution pending the making of a removal
order in respect of such person.

13. In case of any order under this Ordinance adjudging
any alleged insane person to be of unsound mind and a proper
subject of confinement, and in case of a refusal so to adjudge,



. No. 13 of 1956. Lenecy and Mental Treatment. 7 Montserrat.

an appeal! shal! lie to the Supreme Court, subject to the same
conditiers and with the same consequences as if the alleged
insane person i:ad been convicted of an offence punishable on
summary cozviction in a case in which an appeal would lie.

INSTITUTIONS.

12. The Administrator may, by proclamation, appoint Appointment
the whole or any part of any building, house, or other place, of institu-
with any out-houses, yards, gardens, grounds, or premises *°™*-
thereto belonging, to be an institution for the purposes of this
Ordinance.

18. The Superintendent of any institution or any officer Escape trom
or servant thereof, or any police officer or other peace officer, “*titution.
may retake any patient who is escaping from such institution,
and may, within fourteen days after any escape, retake any
patient whe has escaped from such institution, and may return
to the institution any patient so retaken, where he shall revert to
his former custedy.

14. (1) Where the medical officer in charge of a Transfer of
hospital! in the Colony or any other medical officer duly Persons from
authorised by the said medical officer in charge to act on his Re in
behalf kas reason to suspect that any person in such hospital is Colony for
of unsound mind he may by order in writing direct the transfer observation.
of such person to and his detention in an institution for the
purpose of observation during such period not exceeding four-
teen days as to him may seem expedient:

Provided that on good cause shown such order may be
enlarged fcr further periods none of which shall exceed eight
days:

Provided further that no such patient shall be detained
under observation for more than two months at a time.

(2) The medical officer in charge of the said hospital or
other medical officer duly acting on behalf of the said medical
officer in charge, as the case may be, shall immediately on
ordering the transfer and detention of a patient under the
provisions of suasection (1) of this section notify the Magis-
trate of such transfer and detention and furnish him with the
grounds o: which he has made the order, and such Magistrate
shall either confirm or annul such order and within three days
of such notification communicate his decision to such medical
officer in charge of the aforesaid hospital or other medical
officer, as the case may he, as well as to the medical officer in
pa of the institution to which the patient has been trans-
erred:

Provided that if the Magistrate shall annul such order the
patient shall forthwith be discharged from such institution.

(3) Were the medical officer in charge of an institution
signs a certificate in the manner and form and containing the
particulars required under subsection (5) of section 5 certifying
that in his opinion any person detained under the authority of
subsection (2) of this section is of unsound mind the Magistrate



MONTSERRAT

Duty of Jicen-
gee.

Visitine Com-
mittee,

Record a,

Escape from
licensed
house,

Alisence on
trial

8 famaey apd Vota? Treatment, No. 13 of 1956.

shall proceed fo hold an enquiry into the state of mind of such
person in accordance with the provisions of section 5:

Provided that for ali the purposes of this Ordinance
ihe said medical o.ficer in charge of the institution shall
be deemed to be a» government medical officer appointe’
rrder subsection (5) of section 5, and his certificate signed
under this suisection shall be deemed to be a certificate
signed by him under subsection (5) of section 5.

(4) Every person ordered under this section to be
received inte an institution for cbservation shall be received
into the institution named iu the order and be there detained
under ebservation fer the period stated in the order or for
such shorier pericd as the medical officer in charge of the
hospital or other medical officer duly authorised by him to act
on his behalf or the Magistrate, as the case may be, who made
tne order shail divart, and i: saall be tawful for any person to
whom tle execution of tie order is entrusted to convey the
person named therein to the institution named therein.

LICENSED HOUSES.

15. Where a licence in respect of any patient is
granted under this Ordinance, the Hzensee shall be bound to
take proper care of such patient unti! he dies or the licensee is
discharged under this Ordinance.

16. Resulations made under section 44 shall provide
for the conciitution by the Administrator of a Visiting
Committee for Lcenzea Leuses consisting. of such number of
rersovs appointed at such times, in such manner, for sich
periods and with such functions as may be prescribed.



1'7. The Heensee o/ every licensed house shall keep such
‘ooks, make such eatries, furnish such returns, and give such
notices as may {ram time fo time be required by regulations
made under this Ordinance.

18. The licensee of any licensed house; or any servant
ef or persou authorised by such licensee, or any police ofiicer
er other neace officer, may retake any patient who is escaping
from such Hcensed houce, and may within fourteen days after-
any escape, retake any patient who has escaped from such
licensed Fouse and may return to such licensed house any
patient se retaken, where he shall revert to bis former custody.

9. (1) Subject io the provisions of this Ordinance, the
Administrator may allow ony patient confined in a licensed
honse ta te absext from such licensed house upon trial for suck
period as he thinks fit, and may at any time grant an extension
of such period.

(2) No patiert shall be allawed to be absent on trial
der this section rojess some person enter into an agreement
wupeoved by ihe Administrator to ake charge of such patient.





No. 13 of 1956. Lacey and Mental Treatinent, 9

(3) If any patient allowed to be absent on trial from
a licensed house under this seotion does not return at or
before the expiration of the allowed period of absence,
then, unless a certificate signed by a government medical
officer certifying that such patient may safely be permit-
ted to ke at large is sent to the Magistrate and also, where
practicable, to the licensee of such licensed house, such
patient may at any time within fourteen days from the
expiration of such allowed period, be retaken as if he had
escaped from such licensed house, or, in case the licensee
from whose custody the patient was allowed to be absent
is unable or unwilling to resnm« the care and custody of
such patient. may be dealt with asa person duly adjudged
under this Ordinance to be of unsound mind and a proper
subject of confinement.

20. Notice of the death of any patient confined in
a licensed house shall be given forthwith by the licensee
to the Coroner and shall also be given by the licensce as
soon as may be to the nearest known relative of the
patient.

21. (1) When any patient is confined in a licensed
house, the licensee, if desirous of being discharged of the
care of such patient, shall serve notice of such his desire
upon the Magistrate.

(2) At the expiration of fourteen days from the
service of snch notice, the licensee shall be discharged,
and sneh patient may be dealt with as a person duly
adjudged und-r this Ordinance to be of unsound mind
and a proper subject of confinement.

22. Where it appears to a Magistrate that the
persons at whose expense a patient is maintained in a
licensed house are desirous that the patient should be
removed from such licensed house, and that provision
has been made for his care and custody in a mental
hospital or in another licensed house, the Magistrate
may—

(@) where provision has been made for the care
and custody of the patient in a imental hospital, order
such patient to be removed from the licensed house
wherein he is then confined to an institution pending
the making of a removal order in respeet of such
person: or

(6) where the patient is to be removed from one
licensed house to another licensed house order the
patient to be removed to such other licensed house,

znd shall in either case discharge the licensee of the first-
mentioned licensed house accordingly,

MonrTseRRAT.

Death of
patient.

Discharge of
licensee.

Form 7,

Removal of
patient at
request of
friends.

Form 8,



MONTSERRAT.

Removal of
patient ill-
treated or
neglected,

Form 9.
Form 10,

Form 11.

Release of
patient,

Form 12,

Appeal by
licensee.

Cap. 61,

Appeal where
order refused.

Execution of
order of
removal,

10) Lainey and Mental Treatment. No. 13 of 1956.

28. (1) Where, upon the information upon oath of
any person, it appears to a Magistrate that a patient
confined ina licensed house is ill-treated or neglected,
the Magistrate may order the patient to be removed either
to an institution pending the making of a removal order
in respect of such patient or to another licensed house,
and thereupon the licensee of the first-mentionad licensed
house shall be discharged.

(2) Where an order has been made under subsection
(1) of this section for the removal of a patient froma
licensed house to an institution or to another licensed
house the Magistrate shall issue a warrant authorising
such removal.

24. (1) Where, upon the information upon oath of
any person, it appears to a Magistrate that a patient
confined ina licensed house is no longer a proper subject
of confinement, such Magistrate may discharge the
licensee and order him to release the patient, or may
himself release the patient.

(2) Any licensee disobeying an order made under
this section shall be liable, on summary conviction, toa
fine of forty-eight dollars. Such conviction shall not bea
bar to any action in respect of the same wrong.

25. Where, under this Ordinance, the Magistrate
orders the removal of a patient from a licensed house on
the ground of ill-treatment or neglect, or orders a patient
confined in a licensed house to be released, the licensee
may appeal against such order, subject to the same
conditions and with the same consequences as if he had
been a party against whom a conviction was made within
the. meaning of subsection (2) of section 172 of the
Magistrate’s Code of Procedure Act.

26. Where, upon information being laid under this
Ordinance that a patient confined in a licensed honse is
ill-treated or neglected, or that a person confined ina
licensed house as a patient ought to be released, a
Magistrate refuses to make any order, an appeal shall lie
to the Supreme Court, subject to the same conditions and
with the same consequences as if the licensee had been
charged with an offence punishable on summary convic-
tion and the Magistrate had refused to convict.

2'7. Where an order for the removal of a patient
from a licensed house has been made, the court, Judge,
or Magistrate making the order may issue a warrant for
the execution of the order directed to any person or
persons whom such court, Judge, or Magistrate thinks fit.
Any person shall, if required by any one to whom the
warrant is directed, aid and assist in the execution of the
warrant.



No. 13 of 1956. 11

Lunacy and Mental Treatment.
INTERIM ORDERS.

283. Where notice of appeal under this Ordinance
has been given—

(a) the Magistrate may, if he thinks fit, suspend
the execution of any order made by him until the
decision of the appeal, or for any shorter period, and
upon such terms and conditions, if any, as he thinks
fit; and

(8) any Judge, upon tha application of the
appellant, and, if he thinks fit, without any notice of
the application being served upon the respondent,
may, at any time, and notwithstanding any previous
order of a Judge or Magistrate, make such order,
subject to such terms and conditions, if any, as he
thinks fit, ag to the care or custody or allowing to be
at large, until the decision of the appeal or for uny
shorter period, of the person alleged or adjudged to
be or confined as a person of unsound mind:

Provided that upon an appeal being or being deemed
to be abandoned, any order made under this section ghall
determine, and the order appealed against shall take
effect.

CRIMINAL LUNATICS.

29. Where any person heing in custody as a
criminal lunatic is removed from the Colony under the
provisions of the Colonial Prisoners Removal Act, 1884,
the time during which such criminal lunatic. if under
sentence of imprisonment, is detained in a criminal
lunatic hospital or other place of detention shall be
reckoned as having been served under such sentence.

80. When ihe term of imprisonment to which a
person confined in a criminal lunatic hospital or other
place of detention is liable expires while such person is in
custody in such hospital or other place of detention, then
unless the medical officer in charge of the said hospital or
other place of detention, as the case may be, by writing
under his hand, certifies that such person may safely be
allowed to be at large, such person shall, at the expiration
of his term of imprisonment, he deemed to be a pauper
patient, aud may be detained in «a mental hospital as a
pauper patient.

MAINTENANCE OF INSANE PERSONS.

81. (1) In all cases notwithstanding any. previous order
made under this seetion a Judge of the Supreme Court, and
in cases where ths property of an insane person is of less
value in the whole than the snm of four hundred and
eighty dollars, or the annual value of such property is
less than forty-cight dollars, a Magistrate, upon the
application of any person, may in his discretion and
having regard to all the circumstances of the case and

MONTSERRAT.

Interim order
in case of
appeal,

Form 13.

Prisoners of
unsound
mind, 47 &
48 Vict. c, 31.

Insanity at
expiration of
sentence.

Application
of insane
person’s
property for
maintenance.

Form 14.



MONTSERRAT.

Declaring
insane persen
a trustee.

Form 15.

20/1959,

Tll-treatment
of insane
person in
institution,

120 Laniacy and Mental Treatment, No. 13 of 1956,

in particular the financial cirewmstances of the insane
person, make an order as to the application of aiy pro-
perty of a person confined under this Ordinance, or the
income thereof, in or towards the expenses of the main-
tenance and support of such person, or in or towards
recouping the expenses of his past maintenance and
support, or such portion of either of these expenses as the
Judge or Magistrate thinks fit. The expenses of such
maintenance and support, or past maintenance and
support, to the extent to which they are ordered by a
Judge or a Magistrate hereunder to be paid out of the
property of an insane person or the income thereof, shall
be in equity a charge upon the real estate of the insane
person in the same manner as if he had power to charge,
and by writing under his hand had agreed to charge, his
real estate therewith.

(2) The application to the Supreme Court shall be
by motion or petition in a summary way, or in such
other manner as such Court, by a general order made
under this Ordinance, directs.

(3) Any application under this section shall be served
upon such persons and in such manner as the Court or
Magistrate directs.

(4) Whether any order under this section is made,
suspended, or refused, the Court or Magistrate shall make
such order as is just as to the costs of the applicant, and
such costs shall be recoverable by distress and sale of the
insane person’s personal estate, and shall be a charge in
equity upon his real estate in the same manner as if he
had power to charge, and by writing under his hand had
agreed to charge, his real estate therewith.

32. Where, under this Ordinance, a Judge of the
Supreme Court or a Magistrate orders the property of any
insane person or the income thereof to be applied in or
towards the expenses of hig maintenance or support, or any
portion thereof such Judge or Magistrate may declare that
such person holds such property or income upon trust to
obey the orders of the Judge or Magistrate, and thereupon
the Judge or Magistrate shall have the powers conferred
upon the Supreme Court by subsection (2) of section 21
of the Supreme Court Act, 1939, so far as regards the care
of the real and personal estates of lunatics and persons of
unsound mind held by such Innatics, or persons of un-
sound mind, upon trust or by way of mortgage.

OFFENCES IN REFERENCE TO INSANE
PERSONS.

838. Any Superintendent, officer, nurse, attendant,
servant or other person employed in any institution who
strikes, ill-treats or wilfully neglects any insane person
or patient confined in such institution shall be liable, on
summary conviction, to a fine of one hundred dollars, or
to imprisonment for six months, or to both such fine and
imprisonment.



No. 13 of 1956. Lunacy and Aiovtal Treatment. 13

34. (1) Any person who rescnes any insane person
or patient while being conveyed to or while confined in
any institution under this Ordinance, and any officer or
servant of any such institution who secretes, or through
wilful neglect or connivance permits to escape, any insane
person or patient confined in any such institution under
this Ordinance, shall be guilty of a misdemeanour and, on
conviction thereof on indictment, shall be liable to be
imprisoned for five years.

(2) Any officer or servant of any institution who
carelessly permits any person confined therein under this
Ordinance to escape shall be liable, on summary convic-
tion, to a fine of one hundred dollars.

85. (1) No private person shall undertake the care
or custody of any insane person unless he first obtains, in
respect of such insane person, a licence under this Ordi-
nance.

(2) Any person acting in contravention of this
section shal] be guilty of 2 misdemeanonr and, on convic-
tion thereof on indictment, shall be liable to a fine of
four hundred aud eighty dollars, or to imprisonment for
two years, or to both such fine «and imprisonment.

86. Where an insane person is eonfined in any
licensed house, the licensee, or any nurse, servant, or
other person employed in such house or by the licensee,
who strikes, ill-treats, or wilfully neglects such insane
person shall be liable, on summary conviction, to a fine

of one hundred dollars, or to imprisonment for six
inonths.
8'7. Whosoever resists or obstructs any member of

the Visiting Committee while visiting or attempting to
visit a licensed house, shall be liable, on summary con-
viction, to a fine of fifty dollars, or to imprisonment for
three months.

88. Whosoever obstructs any person acting in
execution Gi an order for the delivery of an insane person
to an institution or licensed house, or for the removal of
an ingane person from) an institution or a licensed house,
shall he liable. on suinmury conviction. to a fine of two
hundred and forty dollars, or to imprisonment for six
months.

TREATMENT OF VOLUNTARY PATIENTS IN A
MENTAL HOSPITAL.

89. (1) Any person who is desirous of voluntarily
submitting himself to treatment for mental illness in a
mental hospital (hereinafter referred to as a ‘“ voluntary
patient”) and who makes a written application to the
Administrator for the purpose, may without being
adjudicated a person of unsound mind under this Ordi-
nance or ah order issued thereunder be sent, in acecord-
ance with the terms of an Arrangement, as a voluntary
patient to a mental hospital.

MONTSERRAT.

Rescue and
permitting

escape from
institation,

Taking charyve
of insane
person with-
out licence.

Ill-treatinent,
of insane
person in
licensed
house.

Obstructing
Visiting
Comnnittee.

t

'
Ohstructing
execution of
ordex for
delivery or
removal.

Provision for
voluntary
treatment
without
certification
of certain
persons

Form 16,



Wonrserrat.

Provision for
temporary
treatment
without
eortification
of certain
persons,

Form 17,

14. Lunaey and Mental Treatment. No. 13. of 1886.

(2) A voluntary patient received into a mental
hospital under any Arrangement may upon giving to the
medical officer in charge thereof seventy-two hours’
notice in writing jenve the gaid hospital at the expiration
of the period of such notice.

(3) A voluntary patient shall by virtue of his applica-
tion for admission to a mental hospital be deemed to
consent to his removal from the Colony to a mentel
hospital and, subject to the provisions of subsection (2) of
this section, shall undertake to remain therein until
discharged in accordance with the terms of an Arrange-
ment. ‘The said patient shall also undertake to conform
to the rules regulating the obligations, conduct and
discipline of persons detained for treatment in the mental
hospital, and, subject as aforesaid, shall further undertake
not to leave the said hospital without being discharged in
the manner hersinhefore provided.

(4) Subject to the provisions of subsection (2) of this
section any voluntary patieut who leaves a mental
hospital without being discharged as in this section
provided may be captured and reconveyed thereto in
accordance with the terms of an Arrangement.

(5) If any voluntary patient dies in a mental
hospital, or departs therefrom without being discharged
or giving notice, as required by this section, the Admiinis-
trator shall be notified of the occurrence of any of these
events in the manner prescribed by an Arrangement.

40. (1) Subject to the provisions of this section, a
person who is suffering from mental illness and is likely
to benefit by temporary treatment but is for the time
being incapable of expressing bimself as willing or
unwilling to receive such treatment (hereinafter referred
to asa“ temporary patient”) may, on a written applica-
tion duly made in accordance with the provisions of this
section but without being adjudicated a person of
ungound mind under this Ordinance or an order issted
thereunder, be received as a temporary patient in a
mental hospital for the purpose of treatment therein,

- (2) An application under this section which shall be
in duplicate shall he in the form numbered 17 in the
Schedule, shall be made to the Administrator and shall,
if possible, be made by the husband or wife, or by a
relative or guardian of the temporary patient, or, on the
request of the husband or wife, or if a relative or guard:
ian, by’ a registered medical practitioner and if the
application is not go made, it shall contain a statement
of the reason why it is not so made, of the connection of
the applicant with the temporary patient and of the
circumstances in which he makes the application.



No. 13 of 1956. Lunacy and Mental Treatment. 15

(3) The application shall be accoinpanied by a
recommendation in duplicate in the form numbered 18
in the Schedule, signed by two registered medical practi-
tioners of whom one shall be a government medical
officer.

(4) On the receipt of an application accompanied by
a recommendation as provided in subsection (3) of this
section, the Administrator shall take steps in accordance
with the provisions of an Arrangement to have the
temporary patient received into a mental hospital for a
period not exceeding six months.

(5) Each of the registered medical practitioners by
whom a recommendation under this section is to be made
shall, before signing the recommendation, examine the
temporary patient either separately or in conjunction
with the other and shall specify in the recommendation
the date on which he so examined the said temporary
patient and the grounds on which he bases his recom-
mendation.

(6) A recommendation shall be of no effect for the
purposes of this section if there is a graater interval than
five clear days batween the dates on which the temporary
patient was examined by the two registered medical
practitioners respectively and any such recommendation
shall cease to have effect on the expiration of fourteen
days from the date on which the temporary patient was
examined by the two registered medical practitioners or
if he was examined by those practitioners on two differ-
ent dates, on the expiration of fourteen days from the
later of those dates.

(7) Where a temporary patient ig sent under this
section to a ental hospital a copy of the application and
of the recommendation accompanying the application shall
be forwardsd to the person in charge of the mental
hospital into which the temporary patient is to be
received. ‘he person in charge of the said mental
hospital shall upon the signed request of any person who
considers himself to be unjustly detained under such
application or recommendation furnish to him or to his
authorised representative free of cost a copy of such
application or recomniendation.

(8) If a temporary patient dies in or departs from
the mental hospital where he was residing, notice of the
fact shall be given to the Administrator in accordance
with the provisions of the Arrangement.

41. (1) Where a person has laid an information
under section 5 or signed or carried out or done any act
with a view lo signing or carrying out an order purport-
ing to he an adjudication order or any report, application,
recommendation or certificate purporting to be a report,

MonrsErrat.

Form 18.

Protection te
persons acting
under this
Ordinance.



Cap. 17,

Prerogative
of Crown,

Insane per-
sons 30 found
by inquisi-
tion

Regulations,

‘

16 Lunacy and Jeenial Treatment. No. 13 of 1956.

application, recommendation or certificate under this
Ordinance or has done anything in pursuance of this
Ordinance he shall not be liable to any civil or criminal
proceedings whether on the ground of want of jurisdic-
tion or on any other ground unless he hag acted in bad
faith or withont reasonable care.

(2) No proceedings, civil or criminal, shall be
brought against any person in any court in respect of any
such matter ag is mentioned in subsection (1) of this
section, without the leave of the Supreme Court, and
leave shall not be given unless the Court is satisfied that
there is substantial ground for the contention that the
person, against whom it is sought to bring the proceed-
ings, has acted in bad faith or without reasonable care.

(3) Notice of any application under subsection (2)
of this section shall be given to the person against whom
it igs sought to bring the proceedings, and that person
shall be entitled to be heard against the application.

(4) Where on the application under this section
leave is given to bring any proceedings and the proceed-
ings are commenced within four weeks after the date on
which leave was so given, the proceedings shall for the
purpose of the Public Authorities Protection Act, be
deemed to have been commenced on the date on which
notice of the application was given to the person against
whom the proceedings ure to be brought.

MISCELLANEOUS.

42. Nothing in this Ordinance shall prejudice any
right or prerogative of Her Majesty, or of the Governor
of the Leeward Islands on behalf of Her Majesty.

48. Nothing in this Ordinance shall apply to in-
sane persons so found by inquisition.

44. The Governor in Council may make regula-
tio. s—

(a) for the maintenance and control of institu.
iions and for the admission to and discharge of
patients from such institutions:

(#) jor lhe coustitution of a Visiting Committee
for Teensed houses in the manner provided by
section 16;



No. 13 of 1956. Lunacy and Mental Treatment, 17 Montsmrrat,

(c) as to the books to be kept by the licensee of a
licensed house, the entries to be made therein, and
the returns and notices to be furnished and given by
such licensee;

(d) generally for carrying into effect the pro-
visions of this Ordinance.

45. The forms contained in the Schedule may be Forms.
used in all cases to which they are applicable, but no
such form shall in any case be obligatory.

46. This Ordinance shall come into operation on a Commence-
date to be appointed by the Governor by Proclamation ment.
published in the Gazette.

O. KE. Henry,
President.

Passed the Legislative Council this 5th day
of June, 1956.

Js. H. Carport,
Clerk of the Council,



Monrserrat. 18 [nnacy and Mental Treatment. No. 13-0f 1956.
SCHEDULE.

Form 1.
The Lunacy and Mental Treatment Ordinance, 1956.
| Removal Order by Administrator. Sec. 4,
Colony of Montserrat.
To all Constables in the Colony
and
To the officer in charge of the mental hospital in...... sceeeeeeeeeeesee eee

WHERHAS by an order of the Magistrate made on the
day of A.B. of
was adjndged to be a person of uusound mind and a proper subject of
confinement, and was by the said order detained in an institntion
pending the making of an order for his removal to a mental hospital.

NOW, THEREFORE, I do hereby order and command yon the
said constables to remove the said
from the Colony and cony--y him to the mental hospital in
and there deliver him into the custody of the officer in charge of the
said mental hospital.

AND you the officer in charge of the mental hospital aforesaid are
hereby authorised to receive and (detain the said
in the said mental hospital until he is discharged therefrom in accord-
ances with the provisions of the abovementioned Ordinance and any
Arrangement made thereunder, and in the event of the said
escaping from the seid
mental hospital him to capture and reconvey to the said mental hospital
there to he detained until discharged as aforesaid.

AND for such removal from the Colony conveyance to, and
reception and detention in, the mental hospital, or capture and recon-
veyance thereto, as the.case may be, this shall be your sufficient
authority.

Dated this day of ‘ 19

Administrator.
Form 2.
The Lunacy and Mental Treatment Ordinance, 1956.

Information upon Oath. Sec. 5 (1)
Colony of Montserrat.

A.B., of informs the undersigned
Magistrate that he has good cause to suspect and believe and does
suspect anit believe that D.E., of
is a [pauper patient] person of unsound mind and a proper subj-ct of
confinement.



Mo. 13 of 1956. Lunacy and Mental Treatment. 19 MontTspRRat.
Taken and sworn

this day of Informant.

before me,

Magistrate.

Form 3.
The Lunacy and Mental Treatment Ordinance, 1956.
Medical Certificate. Sec. 5(5).
Colony of Montserrat.

I, R.K., a government medical officer, and heing in actual practice
as a (Physician, Surgeon or Apothecary, as the case may be) baving

been appointed by the Magistrate to exiumine - A.B.
of hereby

certify that I, on the day of

al personally examined the said

A.B. and J hereby certify that the said A.B. is a person of unsound
mind and a proper subject of confinement, and I have formed this
opinion upon the following grounds, namely :—

1. Facts indicating insanity observed by myself (here state the
facts)

2. Other facts (f any) indicating insanity communicated by
others (here state the facts and by whom sommunicated)

3. T have made enquiries of all persons Known to me who seem
likely to be able to give information us to any facts of the
previous history of the said A.B. likely to be of service with
reference to the medical treatment. The following statement
contains all such facts known to me:

STATEMENT.

(If any particulars in this statament are not known,
this 1s to be stated)

Naine of patient and christian name at length.

Sex and age.

Married, single, or widowed.

Condition of life aud previous occupation, if any.
The religions parsuasion ag far as known.

Previous place of abode.

Whether first attack. Age (if known) on first attack.
When aud where previously under care and treatment,
Duration of existing attack. Supposed cause.
Whether subject to epilepsy.

Whether siuicidal,

Whether dangerous to others,



MostserRAt. 20 Lunacy and Mental Treatment. No 13 of 1956.

Name and christian name and place of abode of nearest known
relative of the patient and degree of relationship.

(Add any othvr facts proper to be stated)
(Signed) 1 R.K.

(Place of abode)
Dated this day of 19 .

Form 4.
The Lunacy and Mental Treatment Ordinance, 1956.
Adjudication of lunacy and committal to an Sees. 9 and
institution pending making of a removal order. 10(s)
Colony of Montserrat.

A.B. Informant, D.E. Respondent.

(Date)

Whereas on the day of , A.B., of
informed me the undersigned Magistrate,

that he had good cause to suspect and believe and did suspect and
believe that D.E., of , Was a person of
unsound mind and a proper subject of confinement:

And Whereas it appears to me that the said D.E. is a person of
unsound mind and a proper subject of confinement:

And Whereay, ws required by the abovementioned Ordinanee, the
medical certificates hereunto annexed of the unsoundness of mind of
the said D.E. have been given.

Now, therefore I do hereby adjudge the said D.E. to be a person
of unsound mind and a proper subject of confinement and do hereby
order that the said D.E. be detained in an institution at
pending the issue of a removal order in respect of the said A.B.

Magistrate.



No. 12 of 1886. Lunacy anid Mental Preatment, 21 Moxrsrrea,

Form 5.
The Lamacy and Mental Treainient Ordinanee, 1956.
Adjudication of lunacy and committal to Sec. 10(8)
licensed house.
Colony of Montserrat.

A.B. Informant, D.E. Respondent.

(Date)

Whereas on the day of 19 , A.B.
of , informed me the undersigned Magis-
trate that he had good cause to suspect and believe, and did suspect and
believe D.E., of , to be a person of unsound

mind and a proper subject of confinement:

And Whereas as required by the abovementioned Ordinance, the
medical certificates hereunto annexed of the unsoundness of mind of
the said D.E. have been given:

And Whereas F.G., of - has offered to under-
take the care and custody of the said D.E., in his house sitnate

at and has requested to have a licence granted
to him for thé purpose:

And Whereas [am of opinion that the said F.G. is a proper person
to have the care and custody of the said D.E., and that his said house is
suitable for the reception of the said D.E.

NOW, therefore, I do hereby adjudge the said D.E. to be a person
of nosound mind and a proper subject of confinement and I du hereby
grant to the said F.G. a licence to receive the said D.E. into his said
house and there to take care and custedy of him the said D.E., and I
do herely order that the said D.E. be detained ag a person of unsound
mind in the suid house of the said F.G., in the care and castody of the
said F.G., subject to the provisions of the abovementioned Ordinance,

Magistrate.
Form 6.
The Lunacy and Mental Treatment Ordinance, 1956.

Order of committal of pauper patient to an institution
pending the making of a removal order. See. 10(c).

Ovlony of Montserrat.
' A.B. Informant, D.E. Respondent.

(Date)

WHEREAS on the day of 19 , ALB., of

, informed me the undersigned Mayistrate that he

had good cause to suspect und believe and did suspect and believe that
D.E. was a pauper patient and a proper subject of confinement:

AND WHEREAS, as required by tle abovementioned Ordinance,
the medical certificates hereunto annexed of the unsoundness of mind
of the said D.E. have been given.



Mowisereat, 22 Lunacy and Menial Treatment. No. 13 of 1956.

NOW, THEREFORE, Ido hereby adjudge the said D.E. to bea
pauper patient and a proper subject of confinement and I do hereby
order that the ssid D.E. he detained in an institution at

pending Lie igsne of a removal order in respect of the
said D.E.

Magistrate.

Form 7.
The Lunacy and Mental Treatment Ordinance, 1956.
Notice by Licensee desiring to be discharged. Sec. 21.
Colony of Montserrat.

To T.M. Magistrate.

[, E.F., to whom on the day of
a licence was granted by to receive into my
house, situate in one A.B., a patient, and there

to take the care and custody of the said A.B., do hereby give you notice
that I desire to be discharged of the care and custody of the said A.B.

Witness G.H. of
E.F.

Date.

Form 8.

The Lunacy and Meniai Treatment Ordinance, 1956.

Order for removal of person of unsound mind from See. 22.
licensed house at request of friends.

Colony of Montserrat.

(Date)
' Whereas by an order made on the day of
hy Magistrate a licence was granted to E.F., of

»

to receive one .4.B., a patient into his house situate at
and there to take the care and custody of the said A.B.:

And Whereas it appears to me, the undersigned Magistrate, that
the said A.B. is maintained in the said licensed house of the said ELF.
at the expense of J.H. and K.L. and that the said J.H. and K.L. are
desirous that the said A.B. should bs removed from the licensed anuse
of the said E.F. to the house of one Q.R. situate at

“(Where provision has been made for the care and custody
of a patient in a mental hospital use the words shown below).

And Whereas the seid QR. has applied to me fora licence to
enable him to receive the suid A.B. at his said house, and there to take
the care and custody of the said A.B.:



ho. 13 of 1956, Lancey and Menial Treatment, 23 Monesmirrar.

And Whereas Tam of opinion that the said Q.R. is a proper person
to have the care and custody of the said A.B. and that his said house ig
suitable for the reception of the said A.B.

Now, therefore, I, the said Magistrate do hereby discharge the said
B.F. of the sare and custody of the said A.B. and do hereby order that
the said A.B. be removed from the licensed house of the said ELF. to
the said house of the said Q.R. And I do hersby grant to the said Q.R.
a licence to receive the said A.B. into his said house, and there to take
the care aud custody of him the said A.B. And I do hereby order that
the said A.B. be detained as a patient in the said house of the said Q.R.
in the care and custody of the said Q.R. subject to the provisions of the
abovementioned Ordinance.

Magistrate,

“And Whereas provision has been made for the care and custody of
the said A.B, in a mental hospital.

Now, therefore, I the said Magistrate do hereby discharge the said
E.F. of the care and custody of the said A.B. and do hereby order that
the said A.B. be removed from the licensed house of the said E.F. to an
institution at pending the making of a removal order
in respect of the said A.B,

Magistrate.

Form 9.
The Lunacy and Mental Treatment Ordinance, 1956.

Complaint of ill-treatment (or neglect) of a person Se. 23.
of unsound mind in a licensed house.

Colony of Montserrat.

of » informs ;
Magistrate, that A.B. a patient confined in the licensed house of E.F.,
situate at is ill-treated (or neglected).

Taken and sworn |
day of - Informant.
before me, J

Magistrate.



MONTSERRAT. D4 Tawsey and Mental Treatuent, Na, 13 of 1956,

Form 10.
The Lunacy «nd Mental Treatment Ordinance. 1056,

Order for removal on ground of ill-treatment (or Sec, 23,
neglect) of a person of unsound mind from a
licensed house

Colony of Montserrat.

On this day of , ab
complaint was made to me the undersigned Magistrate that A.B. a
patient confined in the licensed house of KF, situate at
is ill-treated (or neglected) and I, having heard the gaid complaint, do
hereby order that the said H.F. be discharged from the care and custody
of the said A.B. and do hereby further order that the said A.B, he
removed from the licensed house of the said E.F.

(where patient is to be sent to a mental
hospital use the following words)

to an institution pending the making of a removal order in respect of
the said A.B. and I hercby discharge the said E.F. of the care and
custody of the said A.B.

(where patient ts to be sent to another licensed
house, use the following words)

to the house of Q.R.; And I do hereby grant the gaid Q.R. a licence to
receive the said A.B. into his house and there to take the cure and
custody of him the said A.B. And I do hereby further order that the
said E.FÂ¥. be discharged of the care and custody of the said A.B. and
that the said A.B. be detained as a patient in the said house of the said
Q.R. in the care and custody of the said Q.R. subject to the provisions
of the abovementioned Ordinance. é

Date

Magistrate.

Form 11,
The Lunacy and Mental Treatment Ordinance, 1956.

Warrant for the removal of a person of unsound Sec. 23(2)
mind from a licensed house.

Colony of Montserrat.

To T.S. W.V. Y.Z. and
To Q.R.
Whereas by an order made on the day of

by me the undersigned Magistrate, I did order that A.B., a patient
confined in the licensed house of E.F. situate at
be removed from the said licensed house of the said E, E, to (*the house



No. 13 of 1956.) Lunacy and Mental Treatinent, 25 Monrsmrrar.

of you the abovenamed Q.R., situate at ){ (an
institution situate at pending the making of an
order of removal in respect of the said A.B.).

These are, therefore, to authorise you the said T.S,, W.V. and Y.Z.,
or any or either of you, to remove the said A.B. from the said licensed
house of the said E.F., and him to deliver (*to you the said Q.R. at the
said house of you the said Q,R., where yon the sail Q.R. are to receive
and take the eare and custody of the said A.B.)/(*to the institution
aforesaid): And for so doing this shall be your warrant.

And if required in this behalf by you, or any of you, all constables,
peace officers, and all other Her Majesty’s subjects are to be aiding and
assisting in the execution of this warrant. :

Given under my hand this day of 19

Magistrate.

* Delete words not applicable.

Form 12.
The Lunacy anid Mental Treatment Ordinanec, 1956.

Order for the release of a patient from a Sec. 24,
licensed House.

Colony of Montserrat.

On this day of at

complaint was made before me the undersigned Magistrate that A.B, a
patient confined in the licensed bouse of EL. situate at

is no longor a proper subject of confinement, and it appearing to me,
having heard the said complaint, that the said A.B., is no longer a
proper subject of continement, I do hereby discharge the said ELF. of
the care and custody of the said A.B., and do hereby order him the said
E.F. to release the said A.B., and him the said A.B. to suffer to go at
large whithersoever he will.

Date

Mugistrate,



Montserrat. 26 Lunacy and Mental Treatment. No. 13 of 1956,

Form 13,
The Lunacy and Mental Treatment Ordinance, 1956.

Interim Order by a Magistrate after notice See, 28.
of appeal,
(This Order may be written at the foot af the Order
to which it relates)

Whereas the above-named D.E. has duly given notice of appeal
against the above order:

And Whereas under the circumstances of the case it appears to me
to be fit and proper to suspend the execution of the above order for the
time and subject to the condition herein after mentioned.

Now, therefore, I do order that the above order be suspended
until the appeal against it of the said D.E. is heard and determined or
is deemed to be abandoned: Provided that this suspension is subject to
the following condition, namely, that the said D.E. do reside with his
uncle P.K. in the village of , and in case the said
D.E. shall cease so to reside, this order of suspension shall become void,
and the above order shall revive and be of full force and effect.

Date
Magistrate.

Form 14.
The Lunacy and Mental Treatment Ordinance, 1956.

Order of Magistrate for Application of income Sec, 31.
of insane person’s real estate towards
his maintenance.

Colony of Montserrat.

Tn the matter of A.B, a person of unsound mind,

(Date)

Upon the application of S.L.C. it appearing to me
that A.B. has since the day of : been maintained,
and that he is still maintained at as a patient, and
that he is entitled to certain houses situate at
in the Colony, and now let to at rents amounting in

the aggregate to the sum of ($45) per annum, and that the total annual
value of such houses is less than $48, and that the said A.B. is possessed
of no other property; and it also appearing to me that the expenses of
the past maintenance and support of the said A.B. in the said

exceed the amount of the rents in arrear of the
said houses, and that the yearly expenses of his future maintenance and
support will exceed the yearly rents which will accrue to the said A.B.



No. 13 of 1956. Luncdey and Mental Treatment, 27 Monvserrat,

Now, therefore, I do order that the said rents in arrear be applied
in discharge of the past maintenance and support of him the said A.B.,
and that the said rents hereafter to accrue be applied in payment of the
expenses of the future maintenance and support of the said A.B, so long
as he lives and continues to be an inmate of the said ;

and I do declare that the said A.B. holds the said property and the right
to receive the said rents accrued, or hereafter to accrue, on trust to obey
this order, and accordingly I do order that the right to sue for and
recover the said rents in arrear and the rents that shall accrue, vest in
the said S.L.C. and any unapplied surplus in the hands of the said
3.L.C. upon the discharge of the said A.B. from the said

or upon his death is to be held upon trust for the said A.B, hig
executors, administrators and assigns,

Magistrate.

Form 15.
The Lunacy and Mental Treatment Ordinance, 1956.

Order for sale of insane person’s real estate, See. 32,
and application for proceeds for his
maintenance,

Colony of Montserrat.

In the matter of A.B., a person of unsound mind.

(Date)

Upon the application of . it appearing to me
Magistrate, that A.B. has since the day of
been maintained and he still is maintained in the
at as a (pauper) patient,

and that he is seised of an estate in fee simple in possession of one
undivided moiety of and ina certain cottage, and premises situate at:
to the other undivided moiety of which E.F., of
is entitled for an estate in fee simple in possession,
and that the value of the said undivided moiety of the said A.B. is less
than the sum of $480., and that the said A.B. is possessed of no other
property, and it also appearing to me that the expenses of the past
Maintenance and support of the said A.B. in the said
from the said day of ;
to the day of , amount to the sum of ($200).
And the said K.F. offering to purchase the said undivided moiety of the
said A.B. for the sum of ($400). And I being of opinion that the said
offer of the said E.F. is fair and reasonable, and that it is expedient to
accept the same, do order that the same be accepted and carried into
effect, and do declare that the said A.B. holds the said undivided
moiety upon trust to obey this order. And the said E.F. having paid
the sum of ($400) to the said S.L.C., and the said S.L.C. undertaking to
apply the sui of ($200), part thereof in payment of the expenses of
the past maintenance and support of the said A.B, from the suid



MONTSERRAT. 28 Lunacy and Mental Treatment. No. 13 of 1956.

day of to the said day of , and from time to time
to apply the sum of ($200) residue of the said sum of ($400) in or
towards the expenses of the maintenance and support of the gaid A.B.
from the last mentioned day, and upon the discharge from the said

or death of
the said A.B. to hold any nnapplied surplus in his hands upon trust for
the suid A.B. his executors, administrators, or assigns, IT de order that
the said undivided moiety of the said A.B. of and in the said cottage
and premises do vest in the said E.F. his heirs and assigns for all the
astate and interest which the suid A.B. has therein.

Magistrate.

Form 16.
The Lunacy and Mental Treatment Ordinance, 1956.

Application by a voluntary patient to the Sec. 39(1).
Administrator to secure his admission
to a mental hospital.

Colony of Montserrat.
To the Administrator of Montserrat.

I, the undersigned, do hereby request you to secure my admission,
as a voluntary patient, to a mental hospital and I hereby consent to my
removal from the Colony to the said hospital.

I undertake—

(4) to remain in the mental hospital until dnly discharged
unless I give notice of my intention to leave the same as required
by subsection (2) of section 39:

(6) to conform to the rules regulating the obligations, cenduct
and discipline of persons detained for treatment in the said
hogpital and to the terms of any Arrangement made under the
abovenamed Ordinance;

_ (ce) subject tommy right to leave the mental hospital at any time
on giving and at the expiration of, the required notice, not to leave
the said hospital without being discharged therefrom in accordance
with the terms of an Arrangement hereinbefore mentioned; and I
understand that if I leave the said hospital without being dis-
charged, as aforesaid, or without giving the required notice, I shall
be liable to be captured and returned thereto.



No. 13 of 1956.0 Litnary and Mental Treatment. 29 Moyrrsearar.

Form 17.
The Limacy and Mental Treatment Ordinance , 1956,

Form of application for reception of a Sec. 40(2).
temporary patient in mental hospital.

Colony of Montserrat.

‘To the Administrator of Montserrat.

1. I, hereby request you to take such steps as
may be necessary for the reception of as a temporary
patient into the mental hospital at for a period not
exceeding six months.

2. Tam related to the said in the following
manner:—

Or

I am a registered medical practitioner in the Colony. The said

is well known to me and I make this application

at the request of , Who is related to the said
in the following manner:—

O;

Tam not related to the said . The reasons
why this application is not made by a relative of the said
and my connection with him, and the cireumstanecs under which I
inake this application, are as follows:—

3. Annexed hereto is a recommendation for the temporary

treatmant of the said sigued by
(Signed)
Dated
To
Form 18.

he Linacy and Mental Treatment Ordinance, 1956.

Form of Recommendation for temporary Sec. 40(3)
treatment.
Colony of Montserrat.

Recominendation for the temporary treatment of
of



/

MONTSERKAT. 30) Lunecy and Mental Preaiment. No. 13 ef 1956.

I, of hereby declare that:—
1. Tama government medical officer in the Colony and I am not
the usual medical attendant of the abovenamed.

2. I examined th» said on the day of

*3. [have formed the conclusions stated below on the following
groands, viz:—

i, of hereby declare that:—

1. Tama registered medical practitioner in the Colony and am
(am not) the usual medical attendant of the abovenamed.

2. IT examined the abovementioned on the

day o .

*3. Ihave formed the conclusions stated below on the following
grounds, viz:



And we, the said and
further declare that:—
1. The said
(i) is suffering from mental illness;
(ii) is likely to benefit by temporary treatment:
(iii) is for the time being incapable of expressing himsclf as
willing or nnwilling to receive such treatment.

2. tis expedient with . view to the said *s
recovery that he should be received into for
a period not exceeding six months.

(Signed)
Medical Qualifications.

Date

(Signed)
Medical Qualifications.

Dale

‘A person in specifying the grounds on which his conclusions are based, must
carefully distinguish between statements of fact which are based upon his own
observations aud statements of fact which are hased upon communications
made to him by others.



ANTIGUA.
Pemted at the Government Printing Onice, Leeward Islands.
hy Wann Praorr, Actine Government Print t.—By Authority.
Laan,

M. 47/115—-500— 6.56, . [/719¢e 33 conts.]



No. 10 of 1956. Leprosy.

[L.8.]
I AssENt,
K. W. Brackzurne,
Governor.

5th June, 1956.
VIRGIN ISLANDS.
No. 10 of 1956, |

An Ordinance to make provision for the segrega-
tion and treatment of lepers for their
removal from the Colony to a leprosarium
outside the Colony and for other matters
incidental thereto and connected therewith.

[By Proclamation |

; ENACTED by the Legislature of the Virgin
Islands.

1. This Ordinance may be cited as the
Leprosy Ordinance, 1956.

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

‘alleged leprous patient” means a person
showing physical sigus, deformities,
or other stigmata usually associated
with leprosy and from which it may
reasonably be inferred that he is
suffering from leprosy;

“Arrangement”? means an Arrangement.
made under section 3;

“criminal lunatic” means a person detained
in custody by reason of his having been
charged with an offence, and cither
found to have been insane at the time
of such offence, or found or certified or
otherwise lawfully proved to be unfit
on the ground of his insanity to be tried
for the same, and includes a person
convicted of an offence and afterwards
certified or otherwise lawfully proved
to be insane;

VIRGIN
ISLANDS.

Comuinence-
ment,

Short title.

Interpreta-
tion,



VIRGIN
ISLANDS.

Power to Ad-
ministrator to
make Arrange-
nent with
Administrator
of Antigua.

Power to
Administra-
tor to order
removal of
leprous pa-
tient pursu-
ant to ar-
rangements,

Zz Leprosy. No. 10 of 1956.
“Form” means a Form in the First
Schedule;

‘“‘leprosarium”” means a leprosarium to
which leprous patients or voluntary
patients in the Colony may he admitted
by virtue of an Arrange oment;

“leprous patient”? means a person sullering
from any type of leprosy and certified
as such under the provisions of this
Ordinance;

“licensed lsprous patient”? means a leprous

patient to whom a licence has been
. issued vader subsection (1) of section 9:

‘public service vehicle” means «x motor
vehicle used for carrying passengers for
hire or reward, whether at separate and
distinet fares for their respective places
or not;

“Schedule” means Sehecdule to this Ordi-

nance;

“ section”? means section of this Ordinance;
“voluntary patient’? means a person de-
scribed in subsection (1) of section 8.

3. (1) The Administrator may on behalf
of the Colony enter ito an Arrangement with
the Administrator of Antigua upon sucn terms
and subject to such conditions as they may con-
sider appropriate for the reception and detention

in “and discharge from a leprosarium of any
Jeprous patient or voluntary patient in the
Colony.

(2) Any Arrangement made under this

section may be varied or revoked by a subsequent,
Arrangement.

4. Where under the provisions’ of subsec-
tion (1) an Arrangement has been made, the
Administrator nay by order ae his hand in
Form A direct the removal of any leprous patient
from the Colony to a leprosarium and such order
shall be sufficient authority for the removal of



Os

No. 10 of 1956. Leprosy.

sach leprous patient from the Colony, his con-
veyance to, and his reception and detention in,
the leprosarium, and in the event of his eseape
therefrom, his capture and return to the said
leprosarium

5. (1) Whenever a leprous patient or an
alleged leprous patient is an inmate of any
premises used for human habitation (not being a
leprosarium), the head of the familv to which
such inmate belongs, and in his default the
nearest relation of such inmate living on the
premises or being in attendance on such inmate,
and in default of any such relative the occupicr

of the premises, shall, as soon as he becomes |

aware that such inmate is a leprous patient or
shows signs from which if may reasonably be
inferred that he is suffering from leprosy, notify
a government medical officer accordingly.

(2) Every medical practitioner attending on
or called to visit a patient shall forthwith, on
hecoming xware that the patient is suffering from
leprosy or: ae suspected to be leprosy, send
to a vovernment medical officer a notification in
Porm > stating the names and surname, race, age
and sex of the patient, the address of the premises,
and the disease from which, in the opinion of such
medical practitioner, such patient is suffering or
suspected to be suffering. For every such notifica-
tion a fee of twenty- four cents shall be paid to the
medical practitioner out of publie funds.

(3) Every person who fails to comply with
any of the provisions of subsections (1) and (2) of
this section shall be liable on summary conviction
to # fine of twenty-four dollars,

(4) The expression “ oecupier” in this section
includes a person having the charge, management,
or control of any premises or of any part thereof
and in the case of a house, the whole or any part
of which is let to lodgers, the person receiving the
rent payable by the tenants or lodgers, either cn
his own account or as the agent of another, and
in the case of a ship, vessel or hoat, the master or
ether person for the time being in charge thereof,

VIRGIN
ISLANDS.

Notification
of leprosy.



VirGIN
ISLANDS.

Powers of
government
medical
officer to
examine
alleged
leprous
patients,

4 Leprosy. No. 10 of 1956

(5) The provisions of subsections (1) and (2)
of this section shall not apply in the case of a
leprous patient in whose case a perinit has been
issued under the provisions of subsection (1) of
section 9 and who duly complies with the conditions
thereof and with any regulations made under
paragraph (¢) of subsection (1) of section 29.

6. (1) Whenever a government medical
officer has reasonable cause to believe that any
person is a leprous patient or an alleged leprous
patient, it shall be lawful for such medical officer
to require in writing, such person to attend at a
specified place to be examined, or suel medical
officer may enter without previous notice and with
such attendance as be thinks expedient, the house
building or place in which such person is reported
to be, and examine such person with a view to
ascertaining whether he is suffering from leprosy.

(2) In the event of a government medical
officer being in any way obstructed when acting in
the exercise of the powers conferred upon him by
subsection (1) of this section or in the event of a
leprous patient or alleged leprous patient refusing
or failing to attend at any specified place to be
examined or refusing to be examined, it xhall be
lawful for the Magistrate on report made to him
by any such government medical officer aud after
enquiry to issue an order in Form C authorising
entry or examination, or both, and any person to
whom such order is exhibited and who refuses
admittance or obstructs or evades the examination,
as the case may be, shall be liable on summary
conviction to a fine of one hundred dollars and it
shajl be lawful for such government medieal officer
to have the leprous patient or alleged Jeprous
patient removed, by force if necessary, in the
custody of a constable or other person, to an hospital
or other suitable place, and temporarily detained
therein pending examination.

(3). If, after examining a person under the
provisions of subsection (1) or of subsection (2)
of this section, the government medical officer
is «f opinion that the person examined is a
leprous patient and that the leprous patient is



No. 10 of 1956. Leprosy. 5

living under conditions which are favourable to
the spread of leprosy to other persons, he may
cause such leprous patient to be removed, by
force if necessary, in the custody of a constable
or other person to an hospital or other suitable
place, and temporarily detained therein pending
the issue by the Administrator of an order for
his removal and detention in a leprosarium.

(4) No person shall, without the order of
a Magistrate, be temporarily detained under this
section for a period exceeding seven days :

Provided that a Magistrate, on application
made in writing or in person by the govern-
ment medical officer who ordered temporary
detention may, after enquiry, make an order in
Form D extending the aforesaid period of seven
days for the purpose of further examination or
observation of the alleged leprous patient or
pending the issue by the Administrator of an
order for his removal and detention in a lepro-
sarium.

7. Whenever a government medical officer
is of opinion that a person is a leprous patient
and should be detained in a leprosarium he shall
issue a certificate to that effect in Form It and
forward it to a Magistrate. On receiving such
certificate the Magistrate may, after enquiry,
issue a warrant in Form F ordering the deten-
tion of such leprous patient in an hospital or
-other suitable place, pending the issue by the
Administrator of an order for his removal and
detention in a leprosarium.

8. (1) Any person desirous of being admit-
ted into a leprosarium (hereinafter referred to as
a “voluntary patient’’) may make an applica-
tion to the Administrator in Form G.

(2) On the receipt of any such application
the Administrator shall forward it to a govern-
ment medical officer requesting him to examine
the voluntary patient and determine whether his
admission to a leprosarium is necessary and in the
interests of the community. If the government

VIRGIN
ISLANDS,

Detention in
leprosarium,

Voluntary
application
for admission
to lepro-
sarium,



VIRGIN
ISLANDS,

Leprous
patient not
detained in

leprosarium,

6 Leprosy. No. 10 of 1956.

medical officer is satisfied that a voluntary
patient ought to be admitted to a leprosarium
he shall infor rm the Administrator accordingly
and the Administrator shall take steps to secure
the voluntary patient’s admission to a lepro-
garium. .

(8) Where under this section the Adminis-
trator has taken such steps as may be required
to secure a voluntary patient's admission to a
leprosarium, such patient shall be deemed to
have consented to his removal from the Colony
to the leprosarium and shall undertake to remain
therein until discharged in accordance with the
provisions of an Arrangement to conform to
the rules regulating the obligations, conduct and
discipline of patients detained in the leprosarium
and not toleave the said leprosarium without beine
discharged as aforesaid.

(4) Such voluntary patient, after his reception
into a leprosarium, shall net, unless discharged in
accordance with the terms of an Arrangement be’
entitled to leave such leprosariai, and, in case of
leaving without being discharged as aforesaid, wav
be captured and reconveyed heres in Aonoba nC
with the terms of the said Arrangement.

Where a voluntary patient refuses to leave
the Colony after the Administrator has taken such
steps as may be required for his reception and
detention in a Os nh the Administrator may
issue an order under his hand in Form H oe
any constable to remove the said patient from th
on and deliver him to the leprosarium in

respect of which the voluntary patient has applied
for admission.

9.. (1) Whenever a government medical officer
decides that a person, although a leprous patient
need not, subject to certain conditions and restric-
tions, reside within a leprosarinm, he shall issue
a permit in duplicate in Form J specifying the
conditions and _ restrictions subject to which the
leprous patient (hereinafter called a “licensed
jeprous patient’) may be allowed to reside in any
premises in the Colony:



No. 10 of 1956, Leprosy, 7

Provided that any such permit may be
revoked or from time to time varied by the govern-
ment medical officer who issued it.

(2) One copy of any permit issued under sub-
section (1) of this section shall'be delivered by the
government medical officer to the licensed leprous
patient named therein, and a copy shall be kept on
record in the medical department of the Colony :

Provided that in cuse of revocation or vari-
ation of any such permit, written notice of such
revocation Gr any such variation shall be delivered
to the lecused leprous patient and a copy kept on
record as provided by this subsection.

10. ft shall be lawful for the Magistrate on
complaint upon oath of any credible witness that
any leprous patient or alleged leprons patient has
been wandering about begeing or collecting alms,
or secking precarious support, or exposing his
leprosy in any public road, street, or place, to order
such paticnt to appear before a government medical
officer, and, if he thinks it necessary, such Magis-
trate Inay, acter enquiry, issue a warrant under his
hand in Form K. directing any constable to cause
such leprous patient or alleged Jeprous patient to be
brought for examination by a government medical
officer at a t'me and place to be specified in such
warrant.

11. Por the purposes of any enquiry made
by a Magistrate under the provisions of sections 6,
‘T, or 10, the Magistrate shall have the same pow-
ers as if the leprous patient or alleged leprous
patient were. @ person against whom a complaint
for a summary offence has been laid:

Provided that the Magistrate may, if he thinks
fit, proceed with such enquiry in the absence of the
leprous patient or alleged leprons patient, and
without proof of the service of any summons or
other notification upon sueh patient (except that
in the case of an enquiry under section 7 such
patient shall be given an opportunity of being
present if he so desires):

Provided further that such enquiry shall not

VIRGIN
ISLANDS.

Powers of
Magistrate
with regard
to leprous
patients
wandering,
ete.

Enquiry by
Magistrate.



VIRGIN
ISLANDS.

Leprous
patient
oharged with
offence or
nndergoing
imprison-
ment,

32 & 3Â¥ Vict.
¢. 10.

Leprous
patient who
is a criminal
lunatic.

47 & 48 Vict.
ce. 31,

Prohibition
of certain
callings to
leprous
patients,

8 Leprosy. No. 10 of 1956.
be conducted in court and may be conducted in
such place as the Magistrate may deem suitable.

12. (1) Whenever a leprous patient is
brought before any court charged with any offence
and ix remanded in custody, such court may order
that, the said patient be detained in a hospital, or
other place where he can be suitably isolated
during the period of remand.

(2) If a leprous patient under sentence of
imprisonment is removed from the Colony under

_the provisions of the Prisoners Kemovul Act, 1869,

he shall if he is not fit for discharge from the
leprosarium on the expiration of his sentence of
imprisonment continue to be detained therein but
shall be treated as an ordinary leprous patient.

18. Whenever a leprous patient who is also
a criminal lunatic is removed from the Colony in
accordance with the provisions of the Colonial
Prisoners Removal Act, 1884, he may be confined
in « leprosariumn, and if the said leprous patient is
under sentence of imprisonment the time during
which he is detained in a leprosarium shall be
reckoned in accordance with the Prison Rules from
time to time in force as if such detention had been
in prison:

Provided further that if at the expiration of
the period of imprisonment such leprous patient
is found to be no longer insane he shall continue
to be detained in the leprosarium as an ordinary
leprous patient.

14. (1) No licensed leprous patient shall
carry on any of the trades or callings specified in
the Second Schedule and the Administrator may,
by proclamation, vary or alter such Schedule from
time to time.

(2) Any licensed leprous patient who shall
carry on any trade or calling as aforesaid, and any
person who shall knowingly employ any such
licensed leprous patient in any such trade or calling,
shall be liable on summary conviction to a fine of

fifty:dollars.



No. 10 of 1956, Leprosy. 9
15. Any person knowing that he is suffering
from leprosy who enters any hotel, boarding-house,
lodging house, shop (where food or drink is sold),
public service vehicle or public bath, and the pro-
prietor or person tor the time being in charge of any
hotel or other place or vehicle aforesaid, who shall
knowingly sallow any leprous patient to enter the
same shall ba liable on summary conviction to a fine
of one hundred dollars and any leprous patient who
refuses to comply when being forbidden eutry into
orasked to leave any place or vehicle aforesaid may
be arrested without warrant by any person and taken
immediately to the nearest police station:

‘Provided that when a leprous patient is in
actual possession of a valid permit issued under the
provisions of subsection (1) of section 9 allowing
him to do any of the acts enumerated above the
provisions of this section shall not apply.

16.

If a licensed leprous patient—

(a) prepares or handles any article of
food or drink intended for consumption by any
member of the public; or

(6) sells, exposes, or offers for sale, any
article of food or drink,

fine

he shall be liable on summary conviction to 2
of one hundred dollars.

17. Any person who sells, exchanges or gives
away any article of food or drink which to hts
knowledge, has been prepared or handled. by a
licensed leprous patient, or with which a licensed
leprous patient has come in contact, shall be liable
on summary conviction to a fine of one hundred

dollars:

Provided that the provisions of this section
shall not apply in respect of sales, exchanges and
gifts or articles of food or drinks as between
licensed leprous patients.

18. Any person who knowingly purchases or
receives from any licensed leprous patient any
articles of whatsoever nature shall be liable on sum-

VIRGIN
ISLANDS.

Leprous

patients using
public service
vehicles, etc,

Preparation
of food by
leprous
patient,

Sale, ete. of
food prepared
hy leprous”
patient.

Obtaining
articles from
licensed
leprous
patients,



VIRGIN
ISLANDS,

Cleansing anc
disinfecting
of premises,

10 Leprosy. No. 10 of 1956.

mary convicuon ton fine of Gfty dollars or to
Mnprisonment for one month,

19. (1) Where a government medical officer
is satisfied that the cleansing and disinfection of any
premises, and the disinfection or destruction of any
articles therein likely to retain infection, would tend
to prevent the spread of leprosy, the government
medical officer shall give notice to the occupier of
the premises that he will at the occupier’s cost
cleanse and disinfect the premises and disinfect, or,
as the case may require, destroy any such articles
therein unless, within twenty-four hours after the
receipt of the notice, the occupier informs the
government medical officer that within the time
fixed in the notice the occupier will take such steps
as are specified therein.

(2) Tf within twenty-four’ hours after the
receipt of the notice the person to whom it is given
does not inform the government medical officer as
aforesuid, or if, having so informed the government

_ medical officer, he fails to take such steps as afore-

said to the satisfaction of the said government
medical officer within the time fixed in the notice
the government medical officer may cause the
premises to be cleansed and disinfected and the
articles to be disinfected or destroyed, as the case
may require, and may, if he think fit, recover from
such person the expenses reasonably incurred by
the government medical officer in so doing.

(3) For the purpose of carrying into effect
this section, a government medical officer may enter
by day on any premises.

(4) Where the occupier of any premises is in
the opinion of a government medical officer unable
effectively to take such steps as he considers
necessary, he may, without giving such notice as
aforesaid but with the consent, take the required
steps and the cost thereof shall be a charge on
public funds,



No. 10 of 1956. Leprosy. li

(5) Where a sovernment medical officer has
under this section article, or destroyed any article, he muy, if he
think fit, pay compensation to any person who has
suffered damage by his action.

(6) For the purposes of this section, the
owner of unoecupied premises shall be deemed to
be in oceupation thereof.

20. A person who ceases to occupy a house,
or part of a house, in which to his knowledge any
person has, within six months previously, been
suffering from leprosy, and who does not have it
and all articles therein liable to retain infection
disinfected to the satisfaction, as certified by him,
of a government medical officer or does not first
give to the owner of such house, or part of 1 house,
notice of the previous existence of such disease,
shall be liable on stmmmary convietion to a fine of
one hundred dollars or to imprisonment for three
months.

21. Any person who knowingly lets for hire
any house, room, or part of a honse in which a
leprous patient has resided, without having such
house, room, or part of a house and all articles
therein liable to retain infcetion, disinfected, treated,
or otherwise disposed of to the satisfaction of a
eovernment medical officer as testified by a
certificate signed by such medical officer, shall be
liable on summary conviction to a fine of one
hundred dollars, and for the purpose of this section
the propricter or person for the time being in charge
of a hotel, boarding house, or lodging house shall
be deemed to let for hire part of a house to any
person admitted asa guest into such hotel, boarding
house or lodging house.

y

22. (1) A person shall not send or take to
any laundry or public wash-hovse for the purpose
of being washed, or to any place for the purpose
of being cleaned, any article which he knows to
have been in contact with a leprous patient, uniess
that article has been disinfected by, or to the
satisfaction of & government medical officer, or is

7

sent with proper precautions toa laundry for the

VIRGIN
ISLANDS.

Liability of
outgoing
occupiers to
tlisinfect
house or To
give notice
bo owner,

Letting
infected
premises.

Infected
article not
to be sent to
laundry or
to cleaners,



VIRGIN 12 Leprosy. No. 10 of 1956.
ISLANDS.

purpose of disinfection with notice that it has
been exposed to infection.

(2) The occupier of any house in which a
person is suffering from leprosy shall, if required
by a government medical officer, furnish to him the
address cf any laundry, wash-house, or other place
to which articles from the house have been, or will
be, sent during the continuance of the disease for
the purpose of being washed or cleaned.

(3) A person who contravenes, or fails to
comply with, any provision of this section shall be
liable on summary conviction to a fine of fifty

dollars.
Provisions as 23. (1) A person who knows that he is
ae suffering from leprosy shall not take aay bvok,

or cause any book to be taken for his use, or use
any book taken from any public or circulating
library.

(2) No person shall permit any book which
has been taken from a public or circulating library,
and is under his control, to be used by any person
whom he knows to be suffering from leprosy.

(3) No person shall return to any public or
circulating library a book which he knows to have
been handled by a leprous patient, or permit any
such book which is under his contre! to be so
returned, but shall give notice to a government

medical officer that the book has been a6 handled.

(4) A person who contravenes any of the
foregoing provisions of this section shall be lable
on summary conviction to a fine of fifty dollars.

(5) A government medical officer on receiving
such notice as aforesaid shall cause the book to be
disinfected and returned to the library, or shall
cause it to be destroyed and the provisions of sub-
section (5) of section 19 with regard to payment
of compensation shall apply mutatis mutandis in
case the book is destroyed or damaged.



No. 10 of 1956. Leprosy. 13

24. (1) If any leprous patient is conveyed
in any public service vehicle, the person in charge
thereof shall, as soon as practicable, give notice to a
government “edie al officer, and, before permitting
any other person to enter the vehicle, cause it to
be disinfected. Any person who contravenes, or
fails to comply with any of the provisions of this
subsection shall be liable on summary conviction
to a fine of fifty dollars.

(2) The owner, driver or conductor of a public
service vehicle may recover by action before the
competent court from any leprous patient conveyed
in such vehicle, or from the person causing that
patient to be so conveyed, a sufficient sum to cover
any loss and expense incurred by him.

(3) When so requested by the person in charge
of a public service vehicle in which a leprous
patient has been conveved, a government medical
officer shall provide for its disinfection, and shall
make no charge in respect thereof except in a case
where the owner, driver or conductor conveyed a
person knowing that he was suffering from leprosy.

25. (1) In any proceeding before any
court or magistrate a person shall not be deemed to
be a leprous patient except on the evidence or
certificate of a government medical officer.

(2) The certificate in writing of a government
medical officer shall be admissible as evidence
under this section unless the court or magistrate
shall otherwise direct.

26. Whenever a leprous patient or other
person is charged with an SECUes under any of the
following sectious 20, 21, 22, 28 or 24 such patient
or person shall be acquitted if he establishes that
a government medical officer certified that the
leprous patient concerned suffers from a type of
leprosy which is not communicable.

27. Any person who does anything in
pursuance of this Ordinance shall not be liable to
any civil or criminal proceedings if he has acted
in good faith and with reasonable care,

VIRGIN
ISLANDS.

Duty of owner
of public
service
vehicle.

Evidence
required to
prove leprosy.

Cases in
which no
offence is
committed.

Protection of
persons acting
in good faith
with reason-
able oare,



VIRGIN
ISLANDS.

Obstructing
Government
medical
officer.



Power to
make regula-
tions,

Revocation

of declaration
aud repeal.
3/1911.

Commence-
ment.

of May,

14 Leprosy. No. 10 of 1956.

28. Any pervon obstrueting or molesting
a government medical officer or anv constable or
aie person in the exereise of his powers and
duties under this Ordinance shal], save as otherwise
specially provided, be liable on summary convic-
tion to a fine of fifty dollars or to imprisonment
for one month.

29. The Governor in Council mav make
reculations iv respect of all or any of the following
matters —

(«) the furms of the certificates, orders
and other documents to be used Wder this
Ordinance:

(6) the examination of — veluntary
patients, leprous patients or alleged leprous
patents: .

(¢) the condiuons and restrictions under
ands subject to which leprous patients may
continue te reside in private dwelling-houses
outside a leprosarium;

(d) the measnres te
treatinent disposal of
effects of leprous patients:

(e) the disinfection of premises inhabited
or lately oeeupicd by a leprous patient, and
the disinfection of any public place or public
serviee vehicle in whieh a leprous patient has
recently been:

(7) generally tor carrying
the provisions of this Ordinance,

B80. The declaration embodied in section 2
of the Lepers (General Legislature Competency)
Ordinance, A Li, ous hereby revoked and the said

Ordinance us hereby repealed,

Sl. This Ordinance shall come into opera-
tion ona date to be appointed hy the Governor by
Proclamation published in the Glazetic.

R.A,

taken as to the
other

de
clothing and

into effect

EVELYN,
President.

Passed the Legusiative Council this 25th day
19AG,

H. OG. C REQUE:,

Clerk of the Cia.



No. 10 of 1956. Leis. 15 VIRGIN

ISLANDS.
FIRST SCHEDULE.
Form A.
Che Leprosy Ordinance, 1956.
Sec. ‘A.

Grper py ADMINISTRATOR FOR REMOVAL OF
Lernous Patient tro a LEPROSARIUM.

Conoxy or tHE Virgin IsLtanps.

To all constables in the Colony
and
To the officer in charge of the leprosarium in

WHIERIGAS the medical certificate hereto annexed and
signed bv Dr. a government medical officer
in the Colony i is to the effect that
is a leprous patient and a proper subject of confinement in a
leprosarium.

NOW, THEREFORE, t do hereby order and command
you the said const: ables to remove the said
from the Colony and convey him to the leprosarium in

and there deliver him into the custody of the officer in charge
of the said leprosarium.

{ND you the officer in charge of the leprosarium
aforesaid are hereby nuthorixed to receive and detain the
snid in the said leprosarium until he is dis-
charged therefrom in accordance with the provisions of the
abovementioned Ordinance and any Arrangement made there-
under, ard in the event of the said escaping from
the said le epresurium hin to capture and reconvey to the said
leprosarium there to be det: ined until discharged as aforesaid.

-
e

AND for such removal from the Colony, conveyance to,
and reception and detention in, the leprosarium, or capture
and reconvevance, as the case may be, thiy shall be your
sufficient authority.

Date.

Administrator.



VIRGIN 16 Leprosy. No. 10 of 1956
ISLANDS.

Foru 2B.

The Leprosy Ordinance, 1956.
Sec. 5 (2).
NoTIFICATION BY REGISTERED MEDICAL
PRACTITIONER,

CoLony or THE Virgin Isianps.

To a government medical officer in
the eonmny< of the Virgin Islands.

I, being a registered medical
practitioner in the Colony atoresaid, hereby notify yon that
of (sex)
(race), and aged is suffering from leprosy
(or a disease suspected to be leprosy).

Date.
Signature
Medical qualifications
Address.

Form C.
The Leprosy Ordinance, 1956.
See. 6 (2)
Orprer By MAGISTRATE AUTHORISING ENTRY
OR EXAMINATION.
Conoxny oF THUR Virgin Iscanns.

To the government medical officer of

Dr.
WHEREAS on the day of 19 , a report
was made to me by Dr. government medical
officer, of , to the effect that he was

obstructed in the exercise of the powers conferred upon him
by subsections (1) and (2) of section 6 of the Leprosy
Ordinance, 1956 when trying to examine one

at premises situate at (or that

a leprous patient /an alleged leprous patient hax refused +
attend at a specified place to be examined or has refused to be
examined) ;

ANID WHEREAS after enquiry [ am satisfied of the
correctness of such report. This is to order all whom it may
concern to allow the said Dr, accompanied by



No. 10 of 1956. Leprosy. 17 VIRGIN
ISLANDS.
to enter at any time any premises in which
the said leprous patient (or alleged leprous patient) may be
found and to examine the said patient, and I further order
the said le prous patient (or alleged leprous patient) to allow
himself to be examined by the said Dr.

Date °
Matstrate.
; Form D.
The Leprosy Ordinance, 1936.
dec. 6 (4)
ORDER OF MAGISTRATE EXTENDING
PERIOD OF DETENTION.
Cotony or tug VirGin IsLanps.
To
WHEREAS on the day of application
was made to me by Dr. , that it is necessary
that , & leprous patient /an alleged
leprous patient, be detained at
for a further period of days for the purpose of

examination* or pending the issue of an order for his removal
to and detention in a leprosarium*; And Whereas I have
made enquiry:

This is to order and authorise to keep the
said leprous patient (or alleged leprous patient) under
detention at for a further period of

days from and including the day of

Date

Signature of Magistrate.

*Delete words not applicable.

Form E. -
The Leprosy Ordinance, 1956,
Sec. 7.
CERTIFICATE OF GOVERNMENT MEDICAL
OFFICER.

CoLony or THE VirGiIn IsLANps.

This is to certify that of |
suffers from the type of leprosy known as
and that it is necessary that the said
be detained in a leprosarium.
Date
Signature of government medical officer.



VIRGIN 18 Leprosy. No. 10 of 1956.
ISLANDS, : ‘

Form F.

The Lenrosy Ordinance, 1956,

See, 7
WakRANT OF DETENTION IN HOSPITAL OR
OTHER SUITABLE PLACE PENDING ORDER
OF REMOVAL ‘CO LEPROSARIUM,
CoLoNy oF THE Virain ISLANDS.
To the medical officer in charge of hospital.
WHEREAS the ime lieal certificate hereto annexed signed
by Dr. a government medical officer is to
the effect that is « leprous patient and a

proper subject of confinement in a leprosarium;
Now, therefore, | do hereby adjudge the said
to be a leprous patient and do hereby order and
authorise you and any constable or person acting under
your orders to remove the said
to...... ee Pee ee eee eee eee ee eee re ere ere
(here state hospital or other suitable place)
and detain him thereat pending the issue by the Administrator
of an order for his renioval to a leprosartum.
Date
Srynature of Magistrate.

Forw G

The Leprosy Ordinance, 1956,
Sec. 8 (1)
APPLICATION BY A VOLUNTARY PATIENT
TO THE ADMINISTRATOR TO SECURE HIS
ADMISSION TO A LEPROSARIUM.

CoLoxy or run Viren [SLanps.
To the Administrator of the Virgin Islands,

I, the undersigned, do hereby request you to take such
steps 3 miay be reeessary to secure my admission to a
Jeprosarium in Antigua and i hereby consent to my removal
from the Colony to the leprosarium aforesaid,

I undertake—

(a) to remain therein until duly discharged and to
conform to the rules regulating the obligations, conduct
and discipline of patients detained in the leprosarium and
to the terms of any Arrangement made under the above-
mentioned Ordinance;



No. 10 of 1956. Leprosy. 19 VirGIN
‘ ISLANDS.

(b) not to leave the leprosarium antl discharged in
accordance with the provisions of the suid Arrangement
and L understand that if I leave the said leprosarium
without being discharged as aforesaid, I shall be liable to
be captured and returned thereto.

Date
Signature of Applicant.

Witness to Signature.

form H.

The Leprosy Ordinance, 1956.
Sec. 8 (5)
Orper By ADMINISTRATOR WHERE VOLUNTARY
PATIENT REFUSES TO GO TO LEPROSARIUM.

‘oLONY OF THE ViRGIN ISLANDS.

To all Constables.

WHEREAS by his application dated
requested me to take steps to secure
his admission to a leprosarium;

AND WHEREAS I have taken the required steps to

secure the admission of the said to a
leprosarium 4s requested by him:
AND WHEREAS the said refuses

to leave the Colony in order to be admitted to the leprosarium
aforesaid.

NOW THEREFORE I hereby authorise you to remove
the said from the Colony to the leprosarium
at there to be detained until discharged
in accordance with the provisions of any Arrangement made
under the abovementioned Ordinance.

Date.
Administrator.



VircIN 0 Leprosy. No. 10 of 1956.
ISLANDS.

Form J.

The Leprosy Ordinance, 1956.
Sec. 9 (1)
PERMIT TO LEPROUS PATIENT TO RESIDE
OUTSIDE LEPROSARIUM

CoLony or THE Virain IsLANps.

I, 4 government medical officer

in the Colony of the Virgin Islands, do hereby certify that.
is a leprous patient suffering from the type of

leprosy known as , and being of the
opinion that the suid need not reside
within a leprosarium, hereby allow the said
to reside in premises in the Colony on condition that he (or she)
shall strictly comply with the following conditions:—

and shall not carry on any of the trades or callings specified in
the Second Schedule.
Date.
Government medical officer.

Form K.

The Leprosy Ordinance, 1956.
Sec, 10
WARRANT TO ARREST LEPROUS PATIENT OR
ALLEGED LEPROUS PATIENT WANDERING ABOUT.
CoLony or THE VircGiIn Isuanps.

To all Constables.
WHEREAS complaint upon oath was on the day of
made by to the effect
that being * a leprous patient/an alleged
leprous patient has been seen wandering about begging or
collecting alms, or seeking precarious support, or exposing his
leprosy ina public road, street or place ;*
AND WHEREAS I have made enquiry and ain satistied
of the correctness of such complaint:
_ This is to order you to take the said

in your custody and bring him to on the
day of there to be examined bya
government medical officer.
Date

Signature of Magistrate,
* Delete words not applicable.



No. 10 of 1956. Leprosy. 21 VIRGIN

ISLANDS.
SECON) SCHEDULE. Sec. 14 (1)
Baker
Butcher
lee Cream Vendor
(treengrocer

Market Gardener

Cuok, or any trade or calling in which the person employed
handles or comes in contact with articles of food or
drink, drugs, medicines, or tobacco in any form.

Fishmonger

Washer

Bootmaker

Tailor, or any trade or calling in which the person
employed manufactures, handles, or comes in contact
with wearing apparel.

Barber, or any other similar trade or calling in which the
person employed necessarily comes in contact with
other persons.

lJomestic servant.

Nurse

Waiter

Steward

Barman

Driver or conductor of any public service vehicle

Dairy man, or any other situation or calling in which the
person employed comes in contact with cows or other
animals kept for the purpose of furnishing milk.

Boatman on any boat licensed for the conveyance of
passengers or cargo.

Sailor

Hawker

Huckster

Vanman

. Schoolmaster

Teacher

ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by Earn Picort, Acting Government Priater.—By Authority.
1956.

51/90 —590—6.56. Price 24 cents.



LEEWARD ISLANDS.

GENERAL GOVERNMENT.



STATUTORY RULES AND ORDERS.
1956, No. 25.

PROCLAMATION DATED JUNE 20, 1956, BRINGING INTO
OPERATION THE GoverNoR’s EMOLUMENTS (AMEND-
MENT) Act, 1956 (No. 11/1956).



BY THE GOVERNOR OF THE
LEEWARD ISLANDS.
A PROCLAMATION.
P. D. Macpona.p,
Governor's Deputy.

WHEREAS by section 28 of the Leeward Islands Act,
1871, it is provided that a Bill reserved for the signification of
Her Majesty’s pleasure shall take effect so soon as Her Majesty
shull have given her assent to the same by Order in Council,
and the Governor shall have signified such arsent by message
to the Council or by proclamation :

AND WHEREAS the Governor has reserved for Her
Majesty’s pleasure thereon « Bill passed by the General Legis-
lative Council on the 27th day of January, 1956, entitled
“he Governor’s Emoluments (Amendment) Act, 1956”:

AND WHEREAS Her Majesty, with the advice of Her
Majesty’s Privy Council, has by Order made in the month
of June, 1956, declared her assent to the said Bill.

NOW, THEREFORE, J, Patrick Donarp Macponatp,
2 Companion of the Most Distinguished Order of Saint
Michael and St. George, Governor's Deputy in and over the
Colony of the Leeward Islands, do by this my proclamation
declare that Her Majesty has by Order in Council made in the
month of June, 1956, assented to the Governor’s Emoluments
(Amendment) Act, 1956, und that the said Act shall take effect
as and from the Ist day of January, 1955,

GIVEN at the Government Housr, Antigua, this
20th day of June, 1956, and in the fifth year
of Her Majesty’s reign.

GOD SAVE THE QUEEN!



ANTIGUA
Printed at the Government Printing Office. Leeward Islands,
by Ear Picotr, Acting Government Printer— Hy Authority.
195

47/00235—480—6.56. Price 3 cents.



LEEWARD ISLANDS.

ANTIGUA. .



STATUTORY RULES AND ORDERS.
1956, No. 25.

Proclamation dated June 18, 1956, bringing into operation
the Education Ordinance, 1956 (No. 11 of 1956).

BY THE: GOVERNOR.

A PROCLAMATION.

Auec LovELacg,
Administrator.

WHEREAS by section 84 of the Education Ordinance,
1956 (No. 11 of 1956) it is provided that the said Ordi-
nance shall come into operation on a date to be appointed by
the Governor by Proclamation to he published in the (Gazette.

NOW, THEREFORE, I, Axec Loveracr, a Member
of the Most Excellent Order of the British Empire, Adminis-
trator of the Presidency of Antigua, do by this my Proclama-
tion declare that the said Ordinance shall come into operation
on the 30th day of June, 1956.

AND all Her Majesty’s loving subjects in the Presidency
of Antigua and all others whom it may concern are hereby
required to take due notice hereof and to give their ready
obedience accordingly.

GIVEN at the Administrator's Office, Antiywa, this
18th day of June, 1956, in the fifth year of Her
Majesty’s reign.

GOD SAVE THE QUEEN !

ANTIGUOA.
Printed at the Government Printing Office. Leeward Islands
hy EArt Pigott, Acting Government Printer.—By Authority.
1956.

A. 47/125—TI—480—6.56. ; Price 3 cents.



LEEWARD ISLANDS.

ANTIGUA.

STATUTORY RULES AND ORDERS.

1956, No. 26.

PROCLAMATION DATED JUNE 19, 1956, APPOINTING THE MONTH
AND YEAR FOR THE PUBLICATION OF Novick TO PERSONS
ENTITLED TO VOTE AT AN ELECTION IN THE PRESIDENCY.

BY THE ADMINISTRATOR OF ANTIGUA.

A PROCLAMATION.

Arc Loveracn,
Administrator.

WHEREAS by subsection (1) of section 43 of the Antigua
Constitution and Elections Ordinance, 1951, (No. 10/1951) as
amended by the Antigua Constitution and Elections, (fxtension
of Time) Ordinance, 1956, (No. 21/1956) it is provided that
the Supervisor of Elections shall in such month in such years
as the Administrator by proclamation may appoint and in no
case being more than five years after the date of the return of
the first writ at the last preceding general election publish in
the Gazette und in one or more newspapers published in the
Presidency a notice, in the form set out as Form No. J in the
Second Schedule to the said Ordinance requiring within twenty
one days after the first publication thereof every person who
claims to be entitled to vote at an election to deliver to the
registering officer of the polling division of the electoral district
in which such person resides notice of his claim to be registered
ts @& voter:

AND WHEREAS [ think it expedient to appoint June
1956 as the month and year in which the Supervisor of
Hlections shall comply with the provisions of the suid subsection
(1) of section 43 of the said Ordinance,



2

NOW THEREFORE, I do by this my proclamation
appoint the month of June and the year 1956 as the month and
year in which the notice required by subsection (1) of section
43 of the Antigua Constitution and Elections Ordinance, 1951,
as amended as aforesaid, shall be published.

GIVEN under my hand at the Administrator’s Office,
Antiyua, this 19th day of June, 1956 and
in the fifth year of Her Majesty’s reign.

GOD SAVE THE QUEEN |



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by Eart Piaorr, Acting Government Printer.—By Authority
1966
A. 47/76—480—6.56. Price 4 cents,



LEEWARD ISLANDS.

MONTSERRAT.

STATUTORY RULES AND ORDERS.
1956, No. 14.

PROCLAMATION DATED JuNE 8, 1956, BRINGING INTO OPERA-
yion THE Lunacy Anb Mrnrat TREATMENT ORDINANCE
1956 (No. 13 of 1956).

BY THE GOVERNOR.
A PROCLAMATION.
QO. E. Henry,

Acting Commissioner.

WHEREAS by section 46 of the Lunacy and Mental
Treatment Ordinance, 1956 (No. 13 of 1956) it is provided
that the said Ordinance shall come into operation on a day to
be appointed by the Governor by proclamation published in
the Grazetie:

NOW THEREFORE, I, Oscar Erue rserr Henry,
Acting Commissioner of the Presidency of Montserrat, do by
this my proclamation declare that the said Ordinance shall
come into operation on the Ist day of July, 1956.

AND, all Her Majesty’s loving subjects in the Presidency
of Montserrat and all those whom it may concern are hereby
required to take due notice hereof and to give their ready
obedience according! y.

GIVEN at the Commissioner's Office, Montserrat,
this Sth day of June, 1956, in the fifth year
of Her Majesty’s reign.

GOD SAVE THE QUEEN !

ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by Earn Prcorr, Acting Government Printer.._Ky Authority.
1956.

M. 47/116—480—6.56. Price 3 cents.





LEEWARD ISLANDS.

MONTSERRAT.

STATUTORY RULES AND ORDERS.
1956, No. 16.

PROCLAMATION DATED 18TH JoNE, 1956, pectanine Mownpay,
THE 2ND JvLy, 1956, a Pusric Hoiinay In MonTsERRAT
TO COMMEMORATE THE CONSTITUTION OF THE PRESIDENCY
or MONTSERRAT AS A SEPARATE COLONY.

BY THE ACTING COMMISSIONER OF
THE PRESIDENCY OF MONTSERRAT.

A PROCLAMATION.
O. E. Heyry,

Acting Commassioner.

WHEREAS it is provided by section 6 of the Public
Holidays Act, 1954 (No. 19 of 1954) that it shall be lawful
for the Governor from time to time with the advice of the
Executive Council of a Presidency to issue a Proclamation
appointing a special day or part of a day to he reserved as a
public holiday in such Presidency :

AND WHEREAS by section 9 of the said Act it is
provided that for the purposes of sections 6 and 8 of the said
Act the expression “ Governor” shall meari_ the Officer for the
time being administering the Government of a Presidency:

AND WHEREAS it is further provided by section 9 of
the Leeward Islands (Miscellancous Provisions) Order in
Council, 1956 (Imp.) that save as otherwise provided by or
under the said Order, nothing in the Order shall affect the
validity or future operation of anything done by any person or
authority in the Leeward Islands before the appointed day:

AND WHEREAS the first day of July, 1956 is by the
said Order appointed for the purposes of the Leeward Islands
Act, 1955 (4 & 5 Eliz. 2 ch. 23) which constitutes the Presi-
dencies of the Leeward Islands separate colonies: ;



a
oa)

NOW THEREFORE, I, Oscar Eruriaerr Henry, the
Otficer for the time being administering the Government of the
Presidency of Montserrat, in exercise of the powers vested in
me by the said Public Holidays Act, 1954, and otherwise, and
with the advice of the Executive Council of the said Presidency,
do hereby appoint Monday the 2nd day of July, 1956, as a
special day to be reserved as a Public Holiday in the said
Presidency, under and in accordance with the said Public
Holidays Act, 1954 to commemorate the constitution of the
said Presidency of Montserrat as a separate colony, and | do
by this my Proclamation command the said day to be so
reserved and kept.

AND all Her Majesty’s loving subjects in the said Presi-
dency and all others whoin it may concern are hereby required
to take due notice hereof and to govern themselves accordingly.

GIVEN under my hand at the Commissioner's
Ofiee at Montserrat this 18th dav of June 1956
and in the fifth year of Her Majesty’s reign.

GOD SAVE THE QUEEN |

ANTICUA
Printed at the Government Printing OMce, Leeward Islands,
by Khan. Proorr, Acting Government Printer.—By Authority.
1956,

47/00058—H —480—6.56. Price & conts,



aT

cEWARD ISLANDS
MONTSERRAT

STATUTORY RULES AND ORDERS.
1856 No. 17

PRISON

RULES MADE BY THE GOVERNOR IN COUNCIL UNDER THE AUTHORITY

co 28 OF THE PRISONS ORDINANCE, 1955 (No. 10 of
5).

PART I.
PRELIMINARY.



1. Short Title. These rules may be cited as the Prison
Rutes, 1956.

2. Interpretation. In these Rules unless the context
otherwise requires—

7 appellant ” has the same meaning ‘as in the Windward
islands and Leeward Isiands Court of Appeal Rules,
1940 S.R, & O. 1940 No. 26) ;

“Juvenile prisoners’? means prisoners under sixteen
years O: age;

“ Keeoer ’? means the Keeper of the priscn appointed ur-
der section 7 cf the Ordinance ;

“ prison”, “prisoner” have respectively the same mean-
ings as are assigned to them in the Ordinance ;

‘prison officer”? means an officer appointed by virtue of
sub subsections (1) and (2) cf section 7 of the
Ordinance ;

“ subordinate officer ”’ means any prison officer other than
the Keeper and the Prison Medical Officer;

“the Ordinance” means the Prison Ordinance, 1955,
(No. 10 of 1955) ;

“Visiting Committee” means the Visiting Committee
appcinted under rute 3 of these Rules;



2

PART II

VISITING COMMITTEE.

3. (1) The Governor shall appoint not less than three and
not more than five Justices cf the Peace of the Presidency to
be a Visiting Committee of a prison.

(2) The Chairman of the Visiting Committee shall
be appointed by the Governor and shall preside at all meetings
of the Visiting Committee but in his absence the members of
the Visiting Committee present shall elect one of themselves
to be chairman of the meeting.

; (3) The Governor shall appoint 1a Secretary to the
Visiting Committee.

(4) Subject te the provisions of paragraph (1) o% rule
187 of these Rules two members of the Visiting Committee
shall form a quorum and all questions arising for the decision
of the Visiting Committee shall be decided by a majority of
the votes of the members of the Visiting Committee present and,
when the votes are equal, the Chairman shall have a casting
vote.

(5) A member of the Visiting Committee shall hold
office for a period not exceeding three years.

(6) A member of the Visiting Committee shall vacate
bis office if he —

(a) resigns in writing addressed to the Governor ,
or

(b) fails, without reasonable excuse (the suffi-
ciency whereof shall be determined by the
Governor) to attend three consecutive meet-
ings of the Visiting Committee.

(7) The Visiting Committee shall meet not less than
once a month on a day to be fixed at their discretion, and more
frequently if occasion may require.

(8) Minutes of every meeting of the Visiting Com-
mittee shall be taken by the Secretary and shall be submitted
to the Governor as soon as possible after every meeting.

(9) At the monthly meetings, cr an adjournment
thereof, the Visiting Committee shall visit the whole prison,
and shall hear and investigate any application or complaint
which any prisoner may desire to make to them and, if
necessary, report the same, with their opinion, to the Governoy.
They shall specialiy inquire into the condition of those
prisoners who are undergoing solitary confinement.



3

(10) The Visiting Committee shall have free a

‘ \ | access to all
parts of the prison, to all prison records and to all prisoners
and may see any such prisoners as they desire, either in their
cells or in a room out of sight and hearing of prison officers.

(11) The Visiting Committee shall co-operate with
the Keeper in promoting the efficiency of the prison and shall
make enquiry into any matter specially referred to them by
the Governor and report their opinion thereon.

(12) The Visiting Committee shall assist the Keeper
with advice and suggestions as to the employment, education
and recreation of the prisoners.

(13) The Visiting Committee shall investigate at the
prison all charges brought against prisoners (for the due punish-
ment of which the Keeper’s power is inadequate) and deal
with them in the manner provided in the rules relating te
punishment.

(14) The Visiting Committee shall examine the
“Prison Punishment Book” monthly and shall enquire into
any irregularity cr excessive punishment therein and shall, if
necessary, communicate with the Governor on the subject.

PART IIt.

OTHER OFFICERS
TL

THE KEEPER

4, Residence Employment Etc. (1) The Keeper shalt
have the general control and management of a prison and
shall reside in such quarters at the prison as may be
assigned to him by the Governor. He shall not follow or be
concerned in any other occupation or trade, unless specially
authorised by the Governor. He shall not derive, directly or
indirectly, 'any emolument or benefit, pecuniary or otherwise
from the Supplies furnished for the use of the prison, or from
the sale of any article produced in the prison. He shall not
let for hire any portion of his quarters or any part of the
prison buildings or grounds.

(2) The Keeper shall be allowed medical attendance and
medicine for himself at the public expense.

5. Absence. The Keeper shall not leave the prison be-

tween 10 p.m. and 6 a.m. without the permission of the Gov-
ernor except in cases of emergency which shall be noted in

his Journal.

6. Observance and Enforcement of Prison Laws. The
Keeper shall strictly conform to the provision of these Rules and



4

of all the laws relating to the prison, and shall require
cvedience to the same from ail subordinate officers, and
rigidly en*orce them on the prisoners, He shali be responsible
for every relaxaticn or infringement of such rules and laws.

7. Inspection of Prison. The Keeper shall inspect every
part of the men’s prison, and see every prisoner at least once in
every twenty-four hours, and shall in Hke rmanner inspect
the women’s prison at least twice a week, and in default of such
inspections shall state in his journel how far he has omitted
them, and the cause thereof. He shall at least five times in each
month go through the men’s prison at an uncertain hour of
the night, which visit, with the hour and state of the prison
at the time, he shall record in his journal. When visiting the
women’s prison he shall be accompanied by the matron.

8. Inspection of Cells. The Keeper shall at least once
in every twenty-four hours visit each cell at the prison in
which a prisoner is undergoing cellular confinement, and shall
see that every prisoner under punishment is visited, during the
day, at intervals of not more than three hours by the appointed
otticer.

9. Medical Certificate Prior to Punishment. The Keeper
shall take care that no prisoner is subjected to any corporal,
cellular, or dietary punishment which the Prison Medical
Officer has not certified that he is capable of undergoing.

10. Prohibition of Unauthorised Person Sleeping in Prison.
The Keeper shall not ‘allow any person unconnected with the
prison to sleep therein, without the written permission of the
Governor.

11. Communication with Prisoners. The Keeper shall
not permit any person, not being an officer of the prison to
have any communication with any prisoner, except as provided
by these rules.

12. Precaution against Escape and Fires. The Keeper
shall take every precaution to guard against escape of
any prisoner, and shall cause a daily examination to be made
of all cells, bars, bolts and lecks. In the event of an escape
being effected, he shall immediately report it to the Governor
and to the Police. He shall also adopt proper precautions
against fire.

13. Escape of Prisoners. The Keeper shall enquire into
the escape of any prisoner 'and the conduct of the officers
in charge at the time.

14. Inspection of Supplies. The Keeper shall satisfy
himself that the food, clothing and other supplies furn-



5

ished by the contractors are wholesome and good, and are
in aualify, description, and weight, in accordance with the re-
quisitisns and contracts and shall reject all supplies which
are not satisfactory. A'l contractors’ accounts for articles
supplied shall be certified by him and he shall frequently
inspect the diets of prisoners and see that they are of the
proper description, quantity and quality.

15. Prisoners’ Complaints. The Keeper shall at all
reasonable times be ready to hear the complaints of any
prisoner and, should he deem if necessary, shall report the
same to the Governor. All such complaints shall be entered
in his journal.

16. Mechanical Restraint of Prisoners. The Keeper
shall in cases of urgent necessity, have power to place ‘a
priscner under mechanical restraint, but no such prisoner shall
be Kept under mechanical restraint for a longer period than
twenty-four hours, unless his conduct is such as to render if
absolutely necessary, when the restraint may be continued with
the sanction of the Governor.

17. Circumstances and Type of Mechanical Restraint.
Mechanical restraint shall only be resorted to in extreme cases,
not as a punishment, but in order to prevent acts o: violence.
No mechanical restraint shall be used excopt of such patterns
as shall have been approved by the Governor.

18. Publication in Prison cf Abstract of Rules. The
Keeper shall cause an abstract of these rules to be placed in
conspicuous parts of the prison and shall cause to be read to
the prisoners once a month such of the rules as relate to their
conduct, discipline and treatment.

19. Notification of Hiness of Officer or Prisoner. The
Keeper shall report to the Prison Medical Officer, without
delay, the sudden illness of any officer or prisoner, and
shall acquaint him on his weekly visits, with the names of ali
prisoners who complain of illness or are undergoing cellular
confinement. He shall report to the Prison Medical Officer any
case of insanity or apparent insanity occurring amongst the
prisoners, or any case in which the life of any prisoner seems
to him likely to be endangered by further continuance in prison
or by the discipline thereof.

26. Observance of Medical Officers’ Orders. The Keeper
shall carry or cause to be carried into effect any orders of the
Prison Medical Officer with reference to health and cleanliness,
and shall report to the Senior Medical Officer any such order
which he is unable to carry into effect.

21. Notification of Clergyman. The Keeper shall give
notice to ‘a minister of the religious denomination to which



6

any prisoner belongs in any case where he is informed by the
Prison Medical Officer that the life of such prisoner appears
to be In danger.

22. Notification of Relatives and Friends. The Keeper
shall notify, whenever practicable, the relatives or friends of
any officer or prisoner whom the Prison Medical Officer reports
to be seriously ill.

23. Prisoners Whose Health Endangered. On receipt of
any report from the Prison Medical Officer that the mind or
body of any prisoner is likely to be injured by the discipline
or by further detention in prison the Keeper shall give
such directions as may be requisite, reporting in every such
case to the Governor.

24. Report of Death of Prisanexy. Upon the death of a
prisoner, or an infant in the prison, the Keeper shail
immediately report the same to the Governor, the Coroner of
the District, and, when practicable, to the nearest relatives
ot the deceased.

24. Employment of Prisoners. The Keeper shall take
care that all convicted prisoners are regularly worked in
accordance with the rules for employment of prisoners, unless
exempted by the Prison Medical Officer, and he shall, if prac-
ticable, provide suitable employment for all unconvicted
priscners who may desire to work.

26. Restriction on Employment of Prisoners. The Keeper
may authorise any prisoner to be employed within a prison in
the service of the prison, but not in its discipline nor, in his
own service, nor in the service of any officer thereof.

27. Corporal Punishment and Executions. The Keeper
shall attend all corporal punishment and shall enter in
his Journal any orders which the Prison Medical Officer
may have given on such occasion. He shall make all necessary
arrangements for the carrying out of all executions and shall
be present thereat.

28. Prisoners’ Letters. The Keeper shall read every
letter addressed to, or written by, a prisoner, and in every
instance where he may deem it necessary to withhold any such
etter he shall record the fact in his Journal: Provided that
the Keeper may delegate the duty of reading 'any such letter
to the Chie? Officer.

29. Responsibility fer’ Prisen Stores. The Keeper shall
shall be responsible for all stores, clothing, etc., and for ‘all
dcficiencies in the same. He shall direct the issue of the vroper



Full Text


THE LEEWARD ISLA}
GAZETTE. |
Published by Authority.

VOL. LKXXXIV. THURSDAY, 2ist JUNE, 1956.






Notices,

It is hereby notified for general
information that, consequent tpon
the defederation of the Leeward
Islands Colony with effect from the
Ast July 1956, the title of the post of
Colonial Secretary, Leeward Islands,
will be changed to that of Chief
Secretary, Leeward Islands, with
effect from that date.

The Secreturiat,
Antigua.
16th June, 1956.

Ref. No. C. 18/00016 —ITI

It is hereby notified for general
information that, with effect from the
Ast July, 1956, upon which date the
Presidencies of Montserrat and the
British Virgin Islands will, like the
Presidencies of Antigua and St. Kitts-
Nevis-Anguilla, become Colonies, the
title of the post of Commissioner in
the two first-mentioned Presidencies
will be changed to that of Adminis-
trator.

The Secretariat,
Antigua.

18th June, 1956.
Ref. No. 13/00331.

It is notified for general informa-
tion that the following Agricultural
Officers from the Leeward Islands
were awarded Pass Diplomas of the
Eastern Caribbean Farm Institute,
Trinidad, at the conclusion of the
second course of training held at the
Institute :—

Antigua,
Mr. R. A. Arrindell
Mr. C. E. Greenaway

Saint Christopher Nevis & Anguilla.

Mr. L. P. Evelyn
Mr. K. L. Martin

British Virgin Islands.
Mr. H. L. Vanterpool

The Secretariat,
Antigua,

18th June, 1956.
Ref. No. 1/00219.

82%. 7272
LA&7L

It is hereby notified for general in-
formation that Dr. M. O’Garra, Medi-
cal Officer District No. 4 resident at
Carty’s Hill will be performing the
duties of Medical Officer District
No. 5(Swetes ete.) in conjunction with
her own during the absence of
Dr. M. A. Lambert on Study leave.

Medical Department,
14th June, 1956.



Antigua Constitution and
Elections Ordinance, 1951.

The Administrator of Antigua has,
under the provision of section 35 of
the Antigua Constitution and Elec-
tions Ordinance, 1951, been pleased to
appoint the Registrar, Supreme Court,
Antigua, as Supervisor of Elections.

Administ: ator’s Office,
Antigua.

21st June, 1956.

Ref. No. A. 18/10

Tender Board for Government

{ ieee tat
The Administrator hag been pleased
to appoint the following to be mem-
bers of a Tender Board for Govern-
ment Supplies until further notice.

The Collector of Customs and
Supply Officer—Chairman

The Colonial Engineer,
representative

The Assistant Administrative Sec-
retary (P.W. & C)

The Assistant Administrative Sec-
retary (S.S.)

The Assistant Administrative Sec-
retary (T.&P.)

or his

Administrator's Office,
Antigua.

15th June, 1956.

Ref. No. A. 41/42.



CONFIRMATION OF ORDINANCES.

No. 72.

The Secretary of State for the
Oolonies has informed the Governor
that the power of disallowance will
not be exercised in respect of the
undermentioned Ordinances:—

Antigua.

No. 1 of 1956, “ The Trade Licences
and Tax (Amendment) Ordinance,
1956.”

Virgin Islands.

No. 15 of 1955, “The Animals
(Diseases, Importation and Exporta-
tion) Ordinance, 1955.”

No. 73.

The Governor’s Deputy has been
pleased to assent to the under-
mentioned Ordinances: —

Antigua.
No. 17 of 1956, “ The Constitution
and Elections (Amendment No. 2)
Ordinance, 1956.” June 13

No. 18 of 1956, “The Central Board
of Health (Constitution and Tempo-
rary Powers) (Amendment) Ordi-
nance, 1956.” June 13

No. 19 of 1956, “ The Industrial
Development (Amendment) Ordi-
nance, 1956.” June 13

No. 20 of 1956, “ The Sugar Export

Cess (Amendment) Ordinance, 1956.”
June 18

No. 21 of 1956, “ The Constitution

and Elections (Extension of ‘lime)
Ordinance, 1956.” June 19

No, 74.
The following Act, Ordinances and
Statutory Rules and Orders are circu-

lated with this Gazette and form
part thereof:—

ACT.
Leeward Islands.

No. 11 of 1956, “The Governor’s

Emoluments (Amendment) Act,
1956.” 2 pp. Price 4 cts.
ORDINANCES.

Antigua.
No. 11 of 1956, ‘The Education
Ordinance, 1956. 16 pp.
(Price to be notified in a later issue)

No. 17 of 1956, “The Antigua
Constitution and Elections (Amend-
ment No. 2) Ordinance, 1956.”

3 pp. Price 6 cts.

No. 18 of 1956, “The Central
Board of Health (Constitution and
Temporary Powers) (Amendment)
Ordinance, 1956.” 2 pp. Price 4 cts.

No. .19 of 1956, “The Industrial
Development (Amendment) Ordi-
nance, 1956.” 2 pp. Price 4 cts.

No. 20 of 1956, “ The Sugar Export

Cess (Amendment) Ordinance, 1956.”

3 pp. Price 6 cts.

No. 21 of 1956, “The Antigua —
Constitution and Elections (Extension

of Time) Ordinance, 1956.”
2 pp. Price A cts.
Montseriat.

No. 13 of 1956, “The Lunacy and
Mental Treatment Ordinance, 1956.”
30 pp. Price 33 ets.

Virgin Islands.

No. 10 of 1956, “The Leprosy
Ordinance, 1956.” 21 pp. Price 24 cts.

STATUTORY RULES & ORDERS.
General Government.

No. 25 of 1956, ‘ Proclamation
dated June 20, 1956, bringing into
operation the Governor’s Emoluments
(Amendment) Act, 1956 (No. 11/1956)

1 pp. Price 3 cents.

Antigua.

No. 25 of 1956, “ Proclamation
dated June 18, 1956, bringing into
operation the Education Ordinance,
1956 (No. 11 of 1956).

1 pp. Price 3 cts.

No. 26 of 1956, “* Proclamation
dated June 19, 1956, appointing the
month and year for the publication
of Notice to persons entitled to vote
at an Election in the Presidency.”

2 pp. Price 4 cents.

Montserrat.

No. 14 of 1956, “ Proclamation
dated June 8, 1956, bringing into
operation the Lunacy and Mental
Treatment Ordinance, 1956 (No. 13 of
1956). 1 pp. Price 3 cts.

No. 16 of 1956, “ Proclamation
dated 18th June, 1956, declaring
Monday, the 2nd July, 1956, a Public
Holiday in Montserrat to commem-
orate the constitution of the Presi-

dency of Montserrat as a separate
Colony. 2 pp. Price 4 cts.

No. 17 of 1956, “ The Prison Rules,
1956.” 51 pp.

(Price to be notified in a later issue)

Virgin Islands.

No. 18 of 1956, “ Proclamation
dated June 7, 1956, bringing into
operation the Leprosy Ordinance,
1956.” 1 pp. Price 3 cts.

No. 23 of 1956, “ Proclamation
dated June 4, 1956, bringing into
operation the Education Ordinance,
1955.” 1 pp. Price 3 ats,

No. 24 of 1956, “ Proclamation
dated 18th June, 1956, declaring
Monday, the 2nd July, 1956, a Public
Holiday in the Virgin Islands to
commemorate the constitution of the
Presidency of the Virgin Islands as a
separate colony. 2 pp. Price 4 cts.

No. 25 of 1956, “ The Prison Rules,
1956.” 40 pp.
(Price to be notified in a later issue)

THE LEEWARD ISLANDS GAZETTE.

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

SAINT CHRISTOPHER CIRCUIT.
A.D. 1956.

NOTICE is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward Is-
lands (Courts) Order-in-Council 1939,
and duly approved as therein pro-
vided on the 16th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of the Court in the Saint Christopher
Circuit has appointed the day of the
month on which the ensuing Circuit
Court shall sit as follows, that is to
say :—

The Saint Christopher Circuit on
Friday the 6th July, 1956 at 10
o’clock in the forenoon.

Dated the 6th day of June, 1956.

CAROL W. J. BRISTOL,

Registrar.



TRADE MARKS OFFICE,
ANTIGUA, dth June, 1956

SOCVONY MOBIL OIL Co. INC.
of 26 Broadway, New York, State
of New York, have applied for regis-
ration of one Trade Mark consisting
of the following :—

MOBIL

in respect of Chemicals derived
from petroleum for various
uses in industry, and all the
Class other goods in the class; and in

2 respect of petroleum and pro-
ducts of petroleum with or
without admixtures of other
materials for illuminating,
heating, power, burning, lubri-
cating, cutting, greasing,
tempering, quenching, slushing
and flushing; mineral wax, can-
dles, and penetrating oils; and
chemicals derived from petro-
leum for various uses in indus-
try and all the other goods in
that class.

Class
1

Class
47

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for more
than 21 vears before the date of their
said Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notices in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

CEOIL O. BYRON,
Acting Registrar of Trade Marks,

[21 June, 1956.

TRADE MARKS OFFICh,
ANTIGUA, 5th June, 1956.

N. V.J. VAN DORP of GOUDA
(The Netherlands), VAN BERGEN
I JZENDOORNPARK 10 have ap-
plied for Registration of one Trade
Mark consisting of the following:—



in Class 42, that is to say, milk, milk
products and infants’ food.

The Applicants claim that they
have used the said:Trade Mark in
respect of the said goods for 4 yearg
before the date of their said Applica-
tion,

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade’
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

CrcIL O. BYRON,
Acting Registrar of Trade Marke.



WEIGHTS & MEASURES.





The Inspector of Weights and
Measures shall attend for the purpose
of examining, weighing and- stamp-
ing Weights and Measures and.
Weighing Instruments at the follow-
ing times and placcs:—

(1) At the Police Station, Parham,
on Tuesday 5th June, from 10 a.m.
to 4 p.m.

(2) At the Police Station. at Will-
kies, on Thursday 7th June, from
10 a.m. to 4 p.m.

(3) At the Police Station, Bolans,
on Tuesday 12th June, from 10 am.
to 4 p.m.

(4) At the Police Station, All
Saints, on Thursday 14th June, from
10 a.m. to 4 p.m.

(5) In the City of St John, at the
Police Station, on Monday 18th,
Tuesday 19th, Wednesday 20th,
Thursday 21st and Friday 22nd June,
from 10 a.m. to 4 p.m.

Provided that should any of the
days prescribed above for the Inspec-
tor’s attendance at Parham, Willikieg,
Bolans and All Saints fall on a Bank
Holiday, the Inspoctor shall attend
on the following day instead.

JOHN J. REYNOLDS,
Inspector of Weights & Measures,

Police Headquarters,
Antigua,
15th May, 1956.
21 June, 1956. |
SCHOLARSHIPS.

It is hereby notified for general
information that an examination for
a number of Government Scholar-
ships to the Antigua Grammar School
and the Antigua Girls’ High School
will be held at the St. John’s Boys’
Schoolroom on Wednesday 5th Sep-
tember, 1956.

QUALIFICATION OF CANDIDATES

Candidates shall be qualified to
take the examination who:—

(a) will be over 9 but less than
13 years of age on 31st December,
1956.

(6) have attended a school in the
Colony for a period of three years
immediately preceding the 31st
December, 1956, the last twelve
months being at a school in Anti-
gua.

(ce) are in need of financial assist-
ance to enter upon and complete a
secondary school course.

(d) are British subjects.

THE LEEWARD ISLANDS GAZETTE.

APPLICATIONS.

Applications must be made to the
Inspector of Schools not later than
Wednesday 15th August, 1956.

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

Application forms can be obtained
from the Inspector of Schools.

EXAMINATION.

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

(6) (1) English Test of Candi-
dates comprehension of a short
story read to or by them.

107

(c) Writing from dictation.
(d) West Indian History and
Geography.

SUCCESSFUL CANDIDATES.
Each successful candidate is re-
quired to present a medical certificate
of good health to the Head Master of
the Antigua Grammar School (in the
case of boys) and to the Headmistress
of the Antigua Girls’ High School

(in the case of girls).

R. S. EDWARDS,

Acting Inspector of Schools.





LATNFALL FIGURES
Central Experiment Station,
Ant eua.

Month. 1962. 1953. 1934, 1955. 1986,
Jan, 2.41 1.93 3.04 2.16 5,15
Feb. 1.60 102 245 68 128
Mayr. 1.62 5.60 1.08 .83 1.40
April 3.14 2.06 49 1.75 3.83
May 3.07 1.50 383 281 2.58
To 16th June2'14 “8519258 8°27

13°98 12°96 12°81 881 17°46





TRADE MARKS OFFICE,

AnTIcuA, Sth June, 1956.

CREAM OF WHEAT (CANADA) LTD., of 312 Chambers Street, Winnipeg, Manitoba,
CANADA, have applied for Registration of one Trade Mark consisting of the following :—

in Class 42 that is to say :

CREAM OF WHEAT

Cereal foods.

The Applicants claim that they have used the said Trade Mark in respect of the said goods
since Ist March, 1895 before the date of their said Application.

Any person may within three months from the date of the first appearance of this Advertise-
ment in the Leeward /slands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of
opposition to registration of the said Trade Mark.

Crcit O. Byron,

Acting Registrar of Trade Marks.
108

Town aud Country Planning
Reguiation, 1953

REGULATIONS, Nos. 9 (1) and 17 (3)

NOTICE is hereby given that on the 14th
day of May, 1956, a resolution adopting draft
schemes in relation to the areas set out in the
maps herein referred to was passed by the Cen-
tra] Authority.

A certified copy of the said draft schemes
and of the maps herein referred to have been
deposited at the office of the Central Authority,
High Street, St. John’s, and will be open for
inspection without payment of fee between the
hours of 10am. and 3 p.m. daily (except on
Saturdays when the hours will be 10 a.m.
to 11.30 a.m.)

Any representations or objections thereto
should be sent in writing to the Secretary and
Executive Officer, Central Authority, High
Street, St. John’s, within thirty days from the
date of this notices.

DescnipTion oF THE AREAS:

Lands at All Saints formerly part of Sander-
son’s Estate, comprising of 38.03 acres, bounded
as follows, that is to say, on the North by
Public road, on the Kast by lands of the Antigua
Syndicate Estates Ltd., on the South by Church
lands, private lauds and on the West by private
lands and public road.

Lands at Bendals formerly part of Belvi-
dere’s Estate, comprising of 18.240 acres bound-
ed as follows, that is say, on the North by public
road, on the East by public road, on the South
by lands of Belvidere and on the West by public
road.

Lands at Bolans formerly part of Jolly
Hili comprising of (A) 14.410 acres bounded as
follows, that is to say, on the North and Kast by
public road on the South by lands of Jolly Hill
and on the West by a stream.

(B) Comprising of 2.080 acres bounded as
follows, that is to say, on the North by Jolly
Hill on the East and South by public road and
on the West by a stream.

Lands at Five Islands formerly part of
Sutherland’s Estate comprising of (A) .076 acre
bounded as follows, that is to say, on the North
and Kast by public road, on the Sonth by old
village, on the West by Crown lands.

(B) Comprising of 3.751 acres bounded as
follows, that is to say, on the North by Crown
lands on the East and South by public road and
on the West by Church lands.

Lands at Freemanville formerly part of
Belvue comprising of 20.550 acres bounded as

THE LEEWARD ISLANDS GAZETTE.

[21 June, 1936.

follows that is to say, on the North by reeman’s
Estate on the East and South by public road on
the West by Preemanville.

Lands at Pares Village formerly part of
Codrington’s Estate, comprising of 8.356 acres,
bounded as follows, that is to say, on the North
by public road, on the East and South by lands
of the Antigua Syndicate Estates Ltd., and on
the West by lands of the Antigua Syndicate
Estates Ltd. and existing village.

Lands at Parham formerly part of Crown
lands comprising of 10.24 acres hounded as
follows, that is to say, on the North by public
road, on the Kast by Church lands and private
lands on the South and West by Crown land.

Lands at S3t. Philip’s formerly part of Lower
Waldron comprising of 23.75 acres bounded as
follows, that is to say, on the North by lands of
Lower Waldron on the Mast by lands of Lower
Waldron and public road on the South by lands
of Glebe and Lyon’s Estate and on the West by
Lyon’s Lstate.

Lands at Table Hill Gordon formerly part
of Table {Hill Gordon’s Estate comprising of
8.529 acres bounded as follows, that is to say,
on the North and East by public road on the
South by lands of Table Hill Gordon and on the
West by lands of J. M. Mdwards.

Lands at Willikies formerly part of Com-
fort Hall’s Estate comprising of 15.596 acres
bounded as follows, that is to say, on the North
by private lands on the East by Crown lands on
the South and West by lands of Comfort Hall
Estate.

CLARENCE SIMON,
Secretary § Executive Officer
Central Authority.

Drarr ResoLurion ABOVE REFERRED TO

THE
BE If RESOLVED that the Central
Authority under Section 5 (1) of (6) of the Town
and Country Planning Ordinance, No. 4 of 1948,
hereby decide to prepare schemes in respect of
lands at the following Village Extensions: -
All Saints, Bendals, Bolans, Five islands, Free-
manville, Pares Village, l’arham, St. Philip’s,
Table Hill Gordon and Willikies in the Presi-
dency of Antigua.

Dated the 12th day of March, 1956

CLARENCE SIMON,
Secretary § [Hxecutive Officer,
Central Auhority.

Central Housing and Planning Authority
High Street,
St. John’s,
6th June, 1956.
21 June, 1956.]

THE LEEWARD ISLANDS GAZETTE.

109

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD
ISLANDS

ANTIGUA CIRCUIT.
On Appeal from the Magistrate’s Court District “B”.

“No. 20/1955

JAMES PicGorr
v.
SABINA GEORGE

Appellant- Defendant
Respondent- Plaintiff.

Mr. L. H. Lockuart for Appellant.

Mr. EK. E. Harney for Respondent.

This is an appeal from a decision of the Acting
Magistrate of District B delivered on the 12th day
of October 1955, in aclaim by the respondent-
plaintiff against the appellaut-defendant — for
‘compensation under the Agricultural Small Holdings

Act 12/1938

The respondent’s clain. before the Magistrate
was for compensation for—

(a) first ratoon canes valued at $13.76
(6) other ratoons ars Gs $ 18.00
(c) 4 banana trees ia Nis 4.00
(d) Qpineapple trees ,, ,, 4.32

The appellant admitted the claims under heads
(a), (¢) and (d) above and ‘only the claim for
$18.00 under head (4) remained in dispute.

The claim was made under section 20 (2) of
the Agricultural Small Holdings Aet 1938 (herein-
after referred to as “the 1958 Act’) but neither the
Magistrate nor counsel who appeared for the parties
before him seemed to have been aware at that time
that this subsection of the 1988 Act had been
repealed and replaced by the Agricultural Small
Holdings (Amendment) Act 7/1954 (hereinafter
referred to as “the 1954 Act’) and the case was
accordingly dealt with and decided under the
provisions of section 20 (2) of the 1988 Act. This
was clearly wrong; but as the appellant has admit-
ted a major portion of the respondent’s claim, and
owing to the fact that there was a similarity in
wording between certain portions of section 20 (2)
of the 1938 Act and the subsection which replaced
it in the 1954 Act the effect of the application of
the provisions of the wrong Act was not as serious
as one might normally have expected.

Subsection (2) of section 20 of the 193° Act
reads:—

“ (2) In the case of sugar cane cultivation,
compensation shall be paid for canes, growing
upon the holding in the ordinary course of
cultivation, and for subsequent crops not ex-
tending beyond first ratoons: provided that no

- compensation shall be payable in respect of
any sugar cane planted, without the consent in
writing of the landlord, after service of notice
to quit.”

Subsection (2) of section 20 of the 1954 Act
reads:—

“*(2) In the case of sugar cane cultivation,

compensation shall be paid for canes growing

upon the holding in the ordinary course of
cultivation and for subsequent crops not
extending beyond first ratoons and, provided
that the tenant has cultivated and managed
the holding in accordance with the rules of
good husbandry, for subsequent cane crops not
extending beyond the second ratoons:

Provided that no compensation shall be
payable in respect of any sugar cane planted,
without the consent in writing of the landlord,
after service of a notice to quit.”

It will be seen that the words “In the case of
sugar cane cultivation, compensation shall be paid
for canes growing upon the holding in the ordinary
course of cultivation and for subsequent crops not
extending beyond first ratoons” appear in both the
1938 and the 1954 Act, and that as a consequence,
corppensation under both Acts was payable not
only for canes “‘ growing upon the holding in the
ordinary course of cultivation’’, but also for ‘‘subse-
quent crops not extending beyond first ratoons.”

Both Acts disallowed compensation for canes
planted without the consent in writing of the land-
lord after notice to quit had been served on the
tenant. The 1954 Act however differed from the
1988 Act in that the former provided that
compensation for subsequent cane crops not
extencing beyond the second ratoons could only be
paid if the tenant had cultivated and m: inaged his
holding in accordance with “the rules ot good
husbandry as defined in the 1954 Act.

On the hearing of the appeal it was admitted
by both counsel that the relevant luw to be applied
was the 1954 Act. Counsel for the appellant
consequently applied for leave to amend the second
ground of appeal contained in his Notice of Appeal
by substituting the words ‘ first and second” for
the word “first” in the last line thereof, and
counsel for the respondent having indicated that
he had no objection thereto, leave to amend was
accordingly granted.

Tt was submitted by counsel for the appellant
that the whole appeal turned on the question of the
interpretation of section 20 (2) of the 1938 Act as
amended by the 1954 Act. It must however be
borne in mind that the amendment to the 19388 Act
as introduced by the 1954 Act was not before the
Magistrate and therefore he could not apply the law
as amended to the evidence then before him. It is
110

necessary therefore to see how far the Magistrate
was able to apply that portion of the 1938 Act
which corresponded to the 1954 Act to the facts of
the case.

By virtue of the similarity between section 20
(2) of the 1988 Act and the section in the 1954
Act which replaced it, the Magistrate was able to
give compensation for first ratoons as both Acts
permitted this. In fact this head of the claim was
‘admitted and I need say no more aboutit.

In regard to “ other ratoons” valued at $18
by the respondent, the Maviztrate in his judgment
awarded $11 as compensation for these.

In giving his ruling on a submission by counsel
for the appellant-defendant the Magistrate made it
quite clear that on his interpretation of section 20
(2) of the 1938 Act, compensation could be paid
for “all canes actually growing on the holding in
the normal practice of cultivation at the time of the
determination of the tenancy, whether they be plant
canes, first ratoons or other ratoons”’.

In the evidence before the Magistrate the
respondent-plantiff admitted that she had no
second ratoons on her holding. Her witness
Munroe Lord did say that there were second and
third ratoons growing on the respondent- plaintiff's
land but he afterwards admitted under cross
examination that he had not himself s\n any
second ratoons on the respondent-plaintiff’s land
and that the respondent-plaintiff nad told him that
the canes were second ratoons. It is therefore not
unreasonable to assume that the Magistrate’s
award of $11 for “other ratoons”’, contained an
implied finding that there were no second ratoons
on respondent-plaintifi’s land and that the award
was in fact in respect of ratoons other than second
ratoons. Indeed it would have been remarkable if
the magistrate could have found otherwise in the
light of the respondent-plaintiff’s explicit admis-
sion that she had no second ratoons on her holding.

The questions to be decided therefore are
these: (a) was the Magistrate correct in holding
as he did that the words “ canes growing upon the
holding in the ordinary course of cultivation” in
the 1938 Act (which words incidentally are the
same as those in the 1954 Act) included “ plant
canes” “first ratoons or other ratoons,” and (6)
was he correct in holding that the words “ ordinary
course of cultivation” mean “normal practice of
cultivation which includes both good and bad cul-
tivation.”

Mr. Lockhart for the appellant submitted that
section 20 (2) of the 1954 Act should be interpre-
ted literally. He argued that compensation was
payable firstly, for “canes growing upon the
holding in the ordinary course of cultivation”,
which words he submitted meant canes actually
planted by the tenant of the holding as distinct
from ratoons which were merely offshoots from
the canes planted; secondly, that compensation was
payable for subsegent crops not extending beyond
first ratoons, and thirdly, that compensation was
payable for subsequent crops not extending beyond
second ratoons but only if the tenant had cultivated

THE LEEWARD ISLANDS GAZETTE.

[21 June, 1956.

and managed his holding in accordance with the:

rules of good husbandry.

Mr. Harney for the respondent submitted that
the subsection should be interpreted to mean that
compensation should be paid for all cane growing
on the land at the date of the determination of the
tenancy. His argument was that the words “cane
growing upon the holding in the ordinary course
of cultivation’, comprehended all canes growing on
the holding at the relevant time and so included
canes planted by the tenant and all ratoons spring-
ing therefrom. In order to be absolutely certain
that I understood the arguments for the respondent
very clearly I put the following hypothetical case

to counsel for the respondent:— “‘ Assume that a

tenant had 7 acres of land and planted 4 acres of it
in canes in 1951] and the remaining 3 acres in 1952.
Assume further that he reaped in 1952 the canes
which he planted in 1951 and that his tenancy was.
terminated in 1953 before he could reap the 3 acres
planted in 1952 what would be the position of the
tenant as regards com) nsation at the termination
of his tenancy?” Mr. Harney’s answer as I
understood it was as follows—‘“ Normally the
tenant would reap in 1953 3 acres of planted canes.
and 4 acres of first ratoons. He would therefore
be entitled to—

(a) compensation for the 3 acres af
planted canes

(6) an estimated value of the crop of first
and second ratoons which would have been
offshoots from the 3 acres of planted canes, and

(c) compensation limited to the first
ratoons from the 4 acres of cane planted in
1961.”

Mr. Harney further submitted that it was.
only where there were planted canes on a tenant’s
land that the question of an estimated value of a
crop could arise.

I cannot accept this submission on behalf of
the respondent as being a true interpretation of
the intention of the Legislature in section 20
(2) of the 1954 Act. It seems to me to be
unnecessarily involved and complicated. To
my mind the Legislature in laying down the:
principles on which compensation should be paid
for sugar cane cultivation under the 1954 Act
quite clearly divided canes into two categories, viz:
(a) canes growing upon the holding in the ordinary
course of cultivation, and (6) subsequent crops. The
expression “canes growing in the ordinary course
of cultivation” [ interpret to mean canes actually
planted by the tenant on his holding in pursuance
of his agricultural activities and the expression
“subsequent crops” to mean ratoon crops 2. é. crops
of cane not planted by the tenant, but which
emanated or were offshoots from the “canes.
growing upon the holding in the ordinary conrse of
cultivation”. Compensation is payable for planted
canes and for first ratoons as a matter of course,
but in the case of second ratoon, only if the tenant
has cultivation and managed his holdi:¢ in aceord-
ance with the rules of good husbandry”. The
1954 Act does not in my opinion allow
_ 21 June, 19°6.| THE LEEWARD ISLANDS GAZETTE. 11?

compensation for any subsequent ratoon crops need to draw the distinction stated above.
‘beyond the second ratoons.
In ‘the result I hold that the provisions of
Mr. Harney argued that ratoons were in fact subsection (2) of section 20 of the 1954 Act only
“canes growing upon holding in the ordinary allow compensation for (a) canes planted by a
course of cultivation ” in that they had to becleared, tenant and growing on his holding in the ordinary
manured, etc., but I think this is a mistaken course of cultivation, and (6) subsequent cane crops
conception of the meaning of these words. The 7. ¢. first and second ratoons from the canes so
essence of these words is that the canes must have planted, with the proviso that compensation for
been planted by the tenant in the ordinary way. I second ratoons was only payable where the tenant
think the Legislature intended to draw a clear had managed and cultivated his holding in accord-
distinction between canes originally planted by a ance with “ the rules of good husbandry .
tenant und canes springing as offshoots from the
canes so planted, and the language of the subsection, The appeal is allowed and the decision of the
in my opinion does clearly draw such a distinction learned Magistrate in so far as he awarded $11 to
in that it speaks of “canes growing upon the hold- the respondent-plaintiff as compensation for “ other
ing in the ordinary course of cultivation AND“ sub- ratoons”’ set aside. There will be no order as to
‘sequent crops”. If it were the intention of the costs.
Legislature that all cane crops growing on the land P. Crecit Lewis,
hould be the subject of compensation on the Ag. Puisne Judve.
determination of a tenacy there would have beenno 17th May, 1956.

eer ES





PANKING STATISTICS LEEWARD ISLANDS.
Figures for end of quarter 31st March, 1956.
All figures in British West Indian dollars.

Number of reporting banks: 2 (Barelays Bank (D.C. 0.) and Royal Bank of Canada).









LIABILITIES. ASSETS.
$ $
‘1. Notes in circulation 6,155.00 |. Cash 755,474.83
; | 2°, Balances due by other banks in Colony 4,184.95
2. Deposits 10,526,553.05 3. Balances due from banks abroad
(i) Demand 3,792,604.94 and other short claims 6,382,497.82
(ii) Time 372,309.31 4. Loans and Advances 3,422,879.23
(iii) Savings 6,361,638.80 To:
(i) Primary production (including
3. Balances due to processing or primary
products) a
(a) Other banks in Colony 196,219.23 (ii) Other industries (including
(b) Banks abroad 257,055.68 Commerce, Transporta-
tion & Distribution)
+4, ‘Other Liabilities 243,351.99 $1,851,777.59
(iii) Other
Advances 1,571,101.64
5. Investinents —_—
(a) Local —
(d) Other —
6. Other Assets 664,298.12
"Total Liabilities 11,229,334.95 - Total Assets 11,229,334.95
ANTIGUA,

Printed at the Government Printing Office, Leeward Islands, by Earn Pieort,
Acting Government Printer.—By Authority.
1956,

[Price $1.12]
;
No. 11 of 1956. *@overnor’s Emolumenis (Amend-

ment).

[L.S.]

I reserve this Bill for
the signification of Her
Majesty’s pleasure.

K. W. BriackBuRNE,
Governor.
31st January, 1956.

LEEWARD ISLANDS.
No. 11 of 1956.

An Act to amend the Governor's Emoluments
Act, 1940.

[ 1st Jannary, 1055]



ENACTED by the Legislature of the Lee-

ward Islands.

1. This Act may cited as the Governor’s
Emoluments (Amendment) Act, 1956, and shall
be rend as one with the Governor’s Emolunrents
Act, 1950, as amended, hercinafter called the
Principal Act.

2. The following section is hereby substitu-
ted for section 2 of the Principal Act:—

“9 The emoluments attached to the
office of Governor of the Colony shall consist
of —

(a) salary at the rate of fourteen
oe

thousand four hundred dollars — per

annum; and

(b) duty allowance at the rate of
six thousand dollars per annum.”

ZAK, 7292.
LYyerh

LEEWARD
IsuANnDs.

Commence-
ment,

Short title.

3/1950.
17/1953.

Substitution
of section 2 of
the Principal
Act.

FEmoluments
of the Gov-
ernor.


Lerwarp
ISLANDS.
Repeal of seo-

tion 2 of Act
17/1983.

Commence-
ment,

UNIVERSITY
OF FLORIDA
LIBRARIES



2 Governor's Hmolumenis (Amend- No. 11 of 1956.
mend), :

3. Section 2 of the Governor’s Emoluments
(Amendment) Act, 1953, is hereby repealed.

4. This Act shall be deemed to have come
into operation on the first day of January, 1955.

Rosr. L. Brapsuaw,
Deputy President.

Passed the General Legislative Council this
27th day of January, 1956.

A. Ef. PEnn,
Clerk of the Counett,



ANTIGUA,

Printed at the Government Printing Office, Leeward Islands.
by Banu Pteorr, Acting Government. Printer.—By Authority.

47/00235 —480—6.56,

1956,
Price 4 cents.
No. 11 of 1956. The Education Ordinance, 1956 ANTIGUA.

THE EDUCATION ORDINANCE
1956

No. 11 of 1956
ARRANGEMENT OF SECTIONS

PRELIMINARY.

1. Short Title.

2. Interpretation.

PART I
THE DEPARTMENT OF EDUCATION.
8. Department of Education.
Annual Report.
PART II
EDUCATIONAL DISTRICTS.

5. Proclamation of educational districts.

PART III
EDUCATIONAL DISTRICT OFFICERS.

6. Appointment of Educational District
Officers.

7. Powers of Educational District Officers.
PART IV

Duty OF PARENTS

8. Duty of parents to cause children tc
receive efficient primary instructions.

9. School attendance orders.
ANTIGUA. 2 No. 11 of 1956. The Education Ordinance, 1956

10.
11.

12.
13.

14.
15.
16.

17.

18.

19,

20.
21.

22.

23.
24.
25.

PART V

LEGAL PROCEDURE

Magistrate to declare true age of child in
absence of definite evidence.

Officer may obtain copy of certificaté of
birth.
Summary Jurisdiction as to orders.

Proceedings in name of Head of the
Department of Education.

PART VI

SCHOOLS AND MANAGEMENT.

Admission.
Records and returns.

Management of Government primary
schools.

Management of Government Secondary
schools.

Management of assisted schools.
PART VII
RELIGIOUS INSTRUCTION.
Lord’s Prayer and portion of Scripture to
be read.

Further religious instruction.
Child may be withdrawn by parents from

any religious instruction.
PART VIII
SCHOLARSHIPS.

Scholarships.

PART IX
GRANTS FROM GENERAL REVENUE.

Conditions of grants-in-aid.
Registers and records.
Refusal of grants-in-aid.
No. 11 of 1956.

26

28.
29.

30.

31..

32.

33...

34.

PART X
PRIVATE SCHOOLS.

Opening of private schools.

Returns to be furnished by proprietors,
and particulars to be registered.

Disqualifications ‘'as a teacher.

Offences in respect of returns, and em-
ployment of teachers.

Closure of schools not conducted in
‘accordance with the law.

The Head of the Department of Educa-
tion or his representative may visit
private schools and make enquiries.

Power of Governor in Council to make
regulations.

PART XI
REGULATIONS.

Regulations.

PART XII
COMMENCEMENT.

Commencement.

The Education Ordinance, 1956 3 ANTIGUA.
No. 11 of 1956. The Education Ordinance, 1956 5 ANTIGUA.
[L.S.]
I ASSENT,
(Sd.) K. W. BLACKBURN,
GOVERNOR,
22nd, May, 1956.

ANTIGUA
No. 11 of 1956

AN ORDINANCE RELATING TO EDUCATION.

(By Proclamation)

ENACTED by the Legislature of Antigua
as foilows:—

PRELIMINARY.

1. This Ordinance may be cited as the Short title.
Education Ordinance, 1956.

2. In this Ordinance — Interpretation.

“assisted” in relation to a school means
assisted bya grant or any other form
of assistance made from public funds.

“ child ” means a person who has attained the |
age of five years and has not attained
the age of fourteen years;

“Department” means the Department of
Education;

“Educational District Officer” means any
officer appointed under section 6 of this
Ordinance to carry out the provision
of this Ordinance in any educational
district;

“efficient primary instruction” means —
(a) instruction received at any Gov-
ernment or assisted primary
school;
(bo) instruction received at any private
school; or ‘
(c) private instruction received other-
wise than at a school:
Provided the person giving such
ANTIGUA. 6 No. 11 of 1956. The Education Ordinance, 1956

instruction shall have first obtain-
ed from the Head of the Depart-
ment of Education a certificate of
competency to impart efficient
primary instruction;

“Government ” in relation to a school means
maintained by Government: wholly
from public funds;

“ guardian ” includes any perscn who has the
legal or actual custody of a child ;

“Head of the Department of Education”
means the officer for the time being in
charge of the Department of Educa-
tion;

“parent’” includes guardian and: every per-
son liable to maintain or having the
actual custody of any child;

“primary school” means a school recognised
by the Head of the Department of Edn-
cation as providing primary education
for pupils up to the age of twelve years
and post-primiary education for pupils
up to the age of fourteen years ;

“post primary school” means a school recog-

nised by the Head of the Department of
Education as giving post primary edu-
citation to pupils beyond the age. of
twelve years ;

“ private school” means a school or educa-
tional class or institution attended by
twelve ‘or more children, not being a
Government or an assisted school;

“secondary school” means a school recog-
nised by the Head of the Department
of Education as providing secondary
instruction in academic, technical, in-
dustrial, or commercial subjects for
pupils up to the age of twenty years;

“teacher” means a person registered for
employment as such in any Government
or assisted schocl or in any private
school, on the register of teachers kept
by the Head of the Department of
Education.
‘No. 11 of 1956. The Education Ordinance, 1956 7 ANTIGUA.
PART I

THE DEPARTMENT OF EDUCATION.

3. There shall be a Department of Educa- Department of
tion with' an officer in charge thereof and such "°°"
other officers as may be appointed by the Governor
‘at such salaries as the Governor, with the consent
of the Legislative Couticil, may from time to time
direct.

4 The Head of the Department of Educa- Annual
tion shall submit annually to the Governor a ™?°*
report on the state of education in the Presidency,
in the form and containing information with
regard to the particulars directed by the Governor.

PART II ,

EDUCATIONAL DISTRICTS.

5. The Governor may, with the advice and Proclamation

consent of the Executive Council, by proclamation Ssuo
to be published in the Gazette declare that any
portion of the Presidency specified in such procla-
: mation shall form a district for educational pur-
poses and such district shall be called an “ educa-
tional district’; and the Governor may, with the
like advice and consent and in like manner, add to
or diminish the number of such districts and alter
the limits of any district as from time to time may
appear to be necessary. :

PART III

EDUCATIONAL DISTRICT OFFICERS.

6. The Governor may appoint one or more Appointment
officers styled Educational District Officers to oi,fducational
carry out the provisions of this Ordinance in any
educational district.

7. Every Educational District Officer shall Powers of
have Sathorn to enter any yard, house, building fitaet
or place, between the hours of six of the clock in ©Oficers.
the morning and five of the clock in the evening of
any day in the week except Sunday, and there
make any enquiries as to any child who may there
reside, or be employed, and every person who
shall hinder or cbstruct any Educational District
Officer in the performance of his duty, or who
shall wilfully make any false representation to any
Educational District. Officer with respect to the
age of any child, or who shall wilfully refuse to
ANTIGUA.

Buty of
parents to
cause
children to
receive
efficient
primary
instruction.

School
attendance
orders.

8 No. 11 of 1956. The Education Ordinance, 1956

afford te any Educational District Officer reason-
ably requiring the same, any information of
which such person is possessed as to the age of
any child, shall be guilty of an offence, and shiall .
be liable on summary conviction to a fine not
exceeding twenty dollars.

PART IV

DUTY OF PARENTS.

8. (1) It shall be the duty of the parent of

every child —

(a) to cause such child to receive effi-
cient primary instruction; and

(b) where the parent does not otherwise
provide efficient primary instruction
for his chiid, unless he has reason-
able excuse, to cause the child tc
attend at the Government or assisted
primary school nearest to the resi-
dence of*such child, every time the
school is opened.

(2) It shall be a “reasonable excuse” for the
purpose of this section if —

(a) there is not within two miles meas-
ured according to the nearest road
from the residence of such child, any
Gevernment or assisted primary
schocl open, that the child can
attend, or

(bo) the absence of the child from the
schocl has been caused by sickness
or other unavoidable cause.

(c) there is any other excuse which in
the opinion of the Head of the De-
partment of Education is a reascn-
able excuse.

9. (1) If it appears to the Head of the De-
partment of Education that the parent of any
child is failing to perform any of the duties im-
posed on him by the last foregoing section, it shall
be the duty of the Head of the Department oi
Education to serve upon the parent a notice re
quiring him, within such time as may be specified
in the notice not being less than fourteen days
No. 11 of 1956.

from the service thereof, to satisfy the Head of
the Department of Education that the child is
receiving efficient primary instruction.

(2) If, after such a nctice has been served
upon @ parent by the Head of the Department of
Education, the parent fails to satisfy him in
accordance with the 1equirements of the nctice
that the child to whom the notice relates is re-
ceiving efficient primary instruction, then, if in
the opinion of the Head of the Department oi
Education it is expedient that the child should
attend school, the Head of the Department oi
Education shall serve upon the parent, an order
in the prescribed form (hereinafter referred to as
a ‘“schocl attendance order”) requiring him to
cause the child to. become a pupil at a school
named in the order.

(3) If'any person upon whom a school attend-
ance order is served fails to comply with the
requirements of the order, he shall be guilty of an
offence and shall be liable on summary conviction
to a fine not exceeding fifty dollars.

PART V

LEGAL PROCEDURE.

10. Where the age of any child is required to
be ascertained in any legal. proceedings under this
Ordinance the adjudicating Magistrate on produc-
tion of the child before him and on considering
any evidence of age that may be adduced and the
appearance of the child and in the absence of
clear testimony to the contrary myay declare ‘and
note on the proceedings what in his opinion is the
true age of such child and such age shall for all
purposes connected with such proceedings be
taken to be the true age of such child at that
‘time.

11. Every Education District Officer snall be
entitled to obtain from the Registrar Genenal a
certified copy of any entry in any register in his
custody with respect to the birth of any child.

12 +All orders which a Magistrate is author-
ised to make under this Ordinance shall be applied
for, made and enforced, according to the provisions
of the Magistrate’s Code of Procedure Act.

13. All proceedings under this Ordinance
shall be taken in the name of the Head of the
Department of Education.

The Education Ordinance, 1956 9

ANTICUA...

Magistrate
to declare
true age of
child in
absence of
definite
evidence.

Officer may
obtain copy
of certificate
ot birth.

Summary
Jurisdiction
as to orders.
Can. 61.

Proceedings
in name of
Head of
Department
of Education.
ANTIGUA. 10 No. ii of 1956. The Education Ordinance, 1956

Admission.

“Records and
returns.

“Management of
Government
‘primary schools

“Maenagement of
Government
secondary
schools.

Management
of assisted
schools.

Lord’s Prayer ,
and portion of
Scripture to be
read.

Further
religious
instruction.

Child may be
withdrawn by
parents from
any religious
instruction.

PART VI

14. (1) Pupils shall be admitted free of the
payment of any fees to Government primary and
post primary schools.

(2) Pupils in all Government secondary
schools may be charged such fees as may be
prescribed.

15. All schools shall keep such records and
submit such returns and reports to the Head of the
Department of Education as may be prescribed.

16. Government primary schools, and post
primary schools shall be managed by the Head of
the Department of Education in accordance with
such policy as may be approved by the Governor
in Council.

17. Government secondary schools shall be
managed by their Principals in a manner and in
accordance with such policy as may be approved by
the Governcr in Council.

18. Assisted schools shall be.managed by their
Principals in accordance with such policy as may
be approved by the Governor in Council.

PART VIT

RELIGIOUS INSTRUCTION.

19. In every Government or assisted school the
Lord’s Prayer shall, each morning on which the
school is open, be publicly repeated at the opening
of the school by the teacher in charge of the school,
or, if he be absent, by the senior teacher then
present ; and a portion of the Holy Scriptures shall
be read daily, without comment, in such school
during school hours; and no grant from public funds
shall be made to any assisted school where this
section is not complied with.

20. In every Government school further re-
ligious instruction in the Christian religion shall be
given subject to such regulations as may be made
by the Governor in Council ; and further religious
instruction in the Christian religion may be given
in any assisted school but no grant from public
funds shall be made to any assisted school, for or in
respect of instruction in religious subjects.

21. (1) Every Government and assisted school
shall be open to children of all denorainations, and
any child may be withdrawn by his parents from
any instruction in religious subjects and from any
religious observance in any such school, and no
child shall in any such school be placed at any dis-

\
No. 11 of 1956. The Education Ordinance, 1956 11 ANTIGUA.

advantage with respect to the secular instruction
given therein by reason of the denomination to
which such child or his parents belong or by reason
of his being withdrawn from any instruction in
religious subjects.

(2) The time or times during which any
religious observance is practised, or instruction in
religious subjects is given at any session of thc
school for primary instruction shall be either at
the beginfiing and at the end of such session and
shall be specified in a table approved of by the Head
of the Department of Education.

PART VIII

SCHOLARSHIPS.

22. The Governor in Council may in each year
award scholarships tenable at any Government or
assisted secondary school of such number and value
as may be deemed advisable.

PART IX.
GRANTS FROM GENERAL REVENUE.

23. Subject to the provisions of this Ordinance
and to the regulations made thereunder, any
assisted school may, on application being made by
the body by which such school is maintained, receive
such aid from public funds as may be provided by
the Legislative Council. F

24. (1) There shall be kept in respect of every
assisted school such registers as may be. required
by the Head of the Department of Education and
such registers shall be produced for inspection when
required by the Head of the Department of
Education.

(2) A detailed statement of the expenditure of
the grant to any such school, in respect of the
previous year ending the 31st day of December, shal]
be submitted annually before the 31st day of
January.

(3) Every assisted school shall be open to in-
spection by the Head of the Department of Educa-
tion or any officer in the Department deputed by
-him in writing to act as his representative.

25. No grant shall be made to any assisted
school —

(a) in respect of which there is failure to
comply with the requirements of this
Ordinance or of the regulations made
thereunder ;

4

Scholarships.

Conditions of
grants in. aid.

x

Registers,
statement of
expenditure and
inspection.

Refusal of
grants in aid.
ANTIGUA.

Orening of

private schools.

Returns to be
furnished by
proprietors and
particulars to
be registered

12 No. 11 of 1956. The Education Ordinance, 1956

(b) unless the grant to such school shall
be applied only for educational pur-
poses approved by the officer in charge
of the Department ;

(c) which the Governor in Council con-
siders superfluous or unnecessary ;

(d) which is maintained for the financial
benefit of an individual or any group
of individuals.

PART X.

_ PRIVATE SCHOOL.

26. (1) No private school shall after the date
of the commencement of this Ordinance be conducted
without the approval in writing of the Head of the
Department of Education.

(2) Any person who after the date of the com-
mencement of this Ordinance wishes to open or
conduct a private school shall make application to
the Head of the Department of Education on a
form to be supplied by the Department.

(3) The Head of the Department of Education
shall not approve the opening or conducting of a
private school unless he is satisfied that the require-
ments of this Ordinance and any regulations made
under this Ordinance have been met.

27. (1) Evéry proprietor of a private school
shall upon the request of the Head of the Depart-
ment of Education furnish him with a return in
writing signed by such proprietor and in such form
as shall be required by the Head of the Department
o Education and containing the following particu-
ars :—

(a) the proprietor’s full name and address ;

(b) the situation of the school and
whether the proprietor is the owner,
or lessee, or tenant of the premises ;

(c) the number and size of the class-
rooms ;

(d) details of the furniture, equipment and
-appliances to be used in each class-
room ;

(e) the area (if any) allotted as a play-
ground ;

(f) the number and type of latrines to be
used in connection with the school ;

(g) provisions for the supply of drinking
water ;

(h) the hours during which the school is
open ;
No. 11 of 1956.) The Education Ordinance, 1956 13 ANTIGUA,.

(i) the full name and address of every
teacher ;

(j) such other information as the Head of
the Department of Education may re-
quire for the purpose of making more
complete or explicit the foregoing par- ‘
ticulars.

(2) Whenever there shall occur any change in
the ownership of the school or its location, or any
modification in respect of any of the aforesaid par-
ticulars, the proprietor shall forthwith furnish the
Head of the Department of Education with a
Reig return containing the correct particu-
ars.

(3) If a private school remains closed for a
longer period than thirty consecutive days (except
for regular holidays, not exceeding twelve weeks
in any one year) the proprietor shall furnish the
Heal of the Department of Education with a
supplemental return giving the reasons for the clos-

~ing of the school and the period the school is likelv

to remain closed, and if subsequently the proprietor
desires to reopen such school, a new return contain-
ing the particulars referred to in subsection (1)
of this section shall be furnished to the Head of the
Department of Education before such school is re-
opened.

(4) In the month of January in each year every
proprietor of a private school shall furnish the Head
of the Department of Education with a return in
respect of the previous school year 1st January to
81st December containing the following particu-
lars :—

(i) the number of sessions during which
the schoo] was opened ;

(ii) the number of pupils on the roll on
the 31st December ;

(iii) the average attendance for the school
year ;

(iv) the percentage of attendance of the
total possible attendances for the
pupils on the roll.

(5) The particulars in respect of private
schools as required by this Ordinance shall be
recorded by the Head of the Department of Educa-
tion in a register to be designated ‘“ The Private

Schools Register ”’.

28. No person shall be employed in a private pisquaiia-
school as a teacher or act as a teacher therein if it Aeneid
is shown to the satisfaction of the Governor in :
Council that he is unsuitable to be in charge of
children or to teach them.
ANTIGUA. 14 No. 11 of 1956.

Offences

Closure of
schools

mot conducted
im accordance
with the

Taw.

The Head

of the
Department

of Education, .
or his repre-
sentative may
visit private
schools and
make enquiries

|

The Education Ordinance, 1956
foe (1) Any proprietor of a private school
who —

(a) fails to furnish the returns required
by this Ordinance, and in the manner
so required ; or
furnishes a return which he knows to
be false or misleading in a material
particular ; or .,
knowingly employs as a teacher any
person who is disqualified under section
28 of this Ordinance to act as such,
or permits such person to act as a
teacher,

shall be guilty of an offence and shall be liable,

on summary conviction, to a fine not exceeding

one hundred dollars. ,

(2) Any person who is disqualified under
section 28 of this Ordinance and with knowledge of
such disqualification acts as a teacher in a private
school shall be guilty of an offence and shall be liable,
on summary conviction, to a fine not exceeding one
hundred dollars.

(b)

(c)

30. If the proprietor of a private school com-—
mits any breach of the provisions of this Ordinance
or of any regulations made thereunder, the Head
of the Department of Education shall give notice
in writing to the proprietor requiring him to comply
with such provisions or to close down the school
within such time as shall be stated in the notice. If
the proprietor fails to comply with such notice, the
Head of the Department of Education, with the con—
currence of the Governor may apply to any
Magistrate for an order for the closure of the school,
and the Magistrate, after hearing the parties, if he
is satisfied that the school is not being conducted
in accordance with the provisions of this Ordinance
or of the regulations, may make such order in the
circumstances as he thinks fit, and the proprietor
shall, if he fails to comply with the order be guilty
of an offence and shall be liable, on summary con-—
viction, to a fine of five dollars for each day on
which he fails to comply with the order.

31. (1) The Head of the Department of Edu-
cation or any officer of the Department deputed by
him in writing to act as his representative may
enter any premises wherein a private school is be-
ing conducted, at any reasonable time during school
hours, for the purpose of making enquiries and dis—
charging such duties as may be imposed on him by
so Ordinance or by any regulations made there
under.
No. 11 of 1956. The Education Ordinance, 1956 15 ANTIGUA.

(2) Every person who —

(a) obstructs or resists the Head of the
Department of Education or any such
officer in the performance of his
duties ; or

(b) wilfully makes any false representa-
tion to the Head of the Department of
Education or any such officer ; or

(c) wilfully refuses to furnish to the Head
of the Department of Education or
any such officer any information which
such person may be required to
furnish by this. Ordinance or the
regulations made thereunder,

shall be guilty of an offence and shall be liable, on
summary conviction, to a fine not exceeding two .
hundred dollars.

32. The Governor in Council may make regula~ Power of
tions in respect of the following matters :— in Council

(a) the size of classrooms in private [0."3hGns.
schools and their equipment, the num-
ber of children that may occupy each
such classroom, and the necessary
latrine conveniences to be provided.

(b) for the preservation of health and
the prevention of the spread of disease
among the pupils in private schools ;

(c) for prescribing the registers and other
records to be kept by proprietors of
private schools and the particulars to
be supplied to the Head of the Depart-
ment of Education by them ; and
generally, for more effectually carry-
ing out the provisions of this part of
this Ordinance.

(d

—

PART XI.
REGULATIONS.

33. The Governor in Council, may make Regulations.
regulations dealing with all or any of the following
subjects :—

(a) Primary and Post Primary Educa-
tion —

(i) the establishment, maintenance,
administration, management and
discontinuance of Government
and of assisted primary and post
primary schools ;

(ii) the inspection and examination
of such schools, and the curri-
ANTIGUA. 16 No. 11 of 1956. The Education Ordinance, 1956

culum and instruction to be
given therein.

(b) Secondary Education —

(i) the establishment, maintenance
and discontinuance of Govern-
ment secondary schools, their
policy and administration ;

(ii) the payment or remission of
pupils’ fees ;

an) the award, amount and tenure
of scholarships and the condi-
tions under which candidates
shall be examined.

(c) Vocational and Technical Education —
the establishment of a system of
vocational and technical educa-
tion.

(d) Teachers —

(i) the. training of teachers, their
qualifications and grading ;

(ii) the establishment and adminis-
tration or discontinuance of
Government and assisted Train-
ing Colleges for teachers ;

(iii) the payment of grants to train-
ing colleges and hostels for
students and teachers and of
allowances to students.

(e) General —
generally for the better carrying
out of the provisions of Parts I
to IX inclusive of this Ordinance.

PART XII.
COMMENCEMENT.

Commencement. 34. This Ordinance shall come into operation on
a date to be appointed by the Governor by Pro-
clamation to be published in the Gazette.

ALEC LOVELACE,
President.

Passed the Legislative Council this 14th day of
May, 1956.

F, A. CLARKE.
Ag. Clerk ef the Council.

TS
Printed by The Voice Publishing Co., (1953) Ltd.
Bridge Street, Castries, St. Lucia, B.W.I.—By Authority.

I
No, 17 of 1956, Antigua Oonstifution and Flec- ANTIGUA.
tions (Amendment No. 2)

[L.S. |
1 AssEnv,
P. D. Macpona.p,
Governor’s Deputy.
13th June, 1956.

ANTIGUA.
No. 17 of 1956.

An Ordinance to amend the Antigua Constitution
and Elections Ordinance, 1951.

j 13th Jung, 1956. | ence
UNACTED by the Legislature of Antigua
as follows:——

1. This Ordinance may be cited as the Short title,
Antigua Constitution and Elections (Amendment
No. 2) Ordinance, 1956 and shall be read as one
with the Anticua Constitution and Elections
Ordinance, 1951, as amended, hereinafter called to/1951.
the Principal Ordinance.

2. The First Schedule to the Principal Amendment
Ordinance is hereby amended — eucinioda

the Principal
(1) by substitute the following for the Ordimance
boundaries of the electoral district of Saint
John’s City (Seuth’ and Barbuda in the
second column of the Sehedule:—

“NORTH—by Long Street and
the Factory Road to its junction with
the Seotts Hill Road;

SOUTH AND SOUTHWEST—-
by the Ottos Road leading to All Saints
to its junction with Market Street, as far

Sas South Street and thenee by a line in
extension of South Street westwards
to the Sea.
‘

‘
ANTIGUA. 2 Antigua Constitution and Elee. No. 17 of 1956.
tions (Amendment Na, 2)

EAST-—by Scotts Hall load form-
ing part of the Western boundary of the
Saint John (Rural) South electoral
district;

WEST—by Saint John’s Harbour.
The Island of Barbuda.”

(6) by substituting the following for the
boundaries of the electoral district of Saint
John (Rural) South in the second column
of the Schedule:—

“NORTH—by the Factory Road
from its junction with the Scotts Hill
Road to its junction with the parish
boundary West of the Antigua Sugar
Factory;

SOUTH—by the parish boundary;
EAST—by the parish boundary

including the village of Sea View Farm;

WEST AND NORTHWEST— by
the Scotts Hill Road to its junction |
with the Ottos Road and thence in a
westerly direction along the Ottos Road
to its junction with the cross road
(formerly a barricade road) leading to
the Valley Road and forming part of
the Eastern boundary of the Saint John
(Rural) West electoral district.”

(ec) by substituting the following for the
boundaries of the electoral district of Saint
George and Saint John (Rural) North in the
second column of the Schedule:—

“ NORTH—by the sea;

SOUTH—by that portion of the
Factory Road forming the Northern
boundary of the Saint John (Rural)
South and the Saint John’s City (South)
and Barbuda electoral districts; :
No, 17 0£ 1956. Antigua Oonsttlution and Ele 3 ANTIQUA.
tions (Amendment No. 2)

KNAST—by the parish boundary
with the Parish of Saint George exclu-

ding the village of Sea View Farm;

WEST--~in part by the sea and in
part by Hymans Road and East Street
in the city of Saint John.”

Asc LOVELACE,
President.

Passed the Legislative Council this 22nd day
of May, 1956.

F. A. CLARKE,
Acting Clerk of the Council,

ANTIQUA.
Printed at the Government Printing Office, Leeward Islands,
by EArt Pigott, Acting Government Printer.—By Authority.
1956,

47/76-11—480—6.56. [Price 6 cents,
'

Contra’ Roard of Fralth
(Constitution and Lemporary
Powers) (Amendment).

No. 18 of 1956.

| L.s. |
i Assent,
bP. D. Macponacp,
Governor’s « Deputy.

13th June, 1956.
ANTIGUA.
No. 18 of 1956.

An Ordinance to ataend further the Central Board

of Health (Constitution and Temporary
Powers) Ordinance, 1954.
[ist January, 1956]

ENACTED by t

follows:—

he Legislature of Antgua as

1. This Ordinance may be cited as the Central
Board of Health (Constitution and Temporary
Powers) (Amendment) Ordinance, 1056, and shall
be read as one with the Conteal Rea of Health
(Constitution and Temporary Powers) Ordinance,
1954, us umended, hereinafter called the Principal
Ordinance:

8. Section 4 of the Principal Ordinance 18
hereby amended by the addition of the following
subsection at the end thereof:—

(3) Lt is hereby declared that member-
ship of the Board, whether with or without
remuneration or other allowance, does
constituie the holding of a public once within
the meaning of the Antigua Constitution and
Klections Ordinance, 1941.”

3.

not

After section 6 of the Principal Ordinance

the following section shall be inserted as sec-
tion GA:-—
“OA. ‘The Governor in Council may
authorise the pavmeni cae of each funds
may be placed af the disposal fol che Board

under section 5 of this Ordinance, of such sum

ANTIGUA,

Commence-
ment.

Short title,

L5/tOb4.
14/1955

Amendment
of section +
of the
Principal
Ordinance.

10;1981,

Addition of
new section to
the Principal
Ordinance.

Kenmtneration
of members of
the Bored,
Antigua. 2 Central board of fealth No. 18 of 1956,
(Consttition and Temporary
Powers) (Amendment).

or sums by way of remuneration or other
allowance to the Chairman and other members
of the Board as he may think fit:

Provided that the Medical Officer of
Health being er officio Chairman of the Board
and any other public officer who is a member
of the Board shall not be entitled to receive
anv such remuneration or allowance.”

Commence- 4. This Ordinance shall be deemed to have
cae come into operation on the Ist day of January,
1956.
ALEC LovELAcek,
President.

Passed the Legislative Council this 22nd day
of May, 1956.
K, A. CLARKE,
Acting Clerk of the Council.

ANTIQUA.
Printed at the Government Printing Office, Leeward Islands.
by Maru Pigorr, Acting Government Printer.—By Authority.
1956,

A. 47/181—480—6.56. {Price 4 conts.]
No. 19 of 1956. Industrial Development

(Amendment),
I L.S.]
I Assuw,
P. D. Macponaxp,
fFovernor’s Deputy.
13th June, 1956.

ANTIGUA.
No. 19 of 1956.

Ordinance to amend further the Industrial
Development Ordinance, 1953.

[ist January, 1956]
ENACTED by the Legislature of Antigua as

follows:—-

An

1. This Ordinance may be cited as the
Industrial Development (Amendment) Ordinance,
1956, and shall be read as one with the Industrial
Development Ordinance, 1953, as amended, herein-
after called the Principal Ordinance.

2. Section 4 of the Principal Ordinance is
hereby amended by the addition of the following
subsection at the end thereof:—

““(8) It is hereby declared that member-
ship of the Board, whether with or without
remuneration or other allowance, does not
constitute the holding of a public office within
the meaning of the Antigua Constitution and
Elections Ordinance, 1951.”

83. After section 7 of the Principal Ordi-
nance the following section shall be inserted as
section 7A:-—

“7A. The Governor in Council may
authorise the payment out of the funds of the
Board of such sum or sums by way of
remuneration or other allowance to the Chair-
man or other members of the Board as he
may think fit:

Provided that where any member of the
Board is a public officer he shall not be

ANTIGUA,

C‘ommence-
ment.

Short title,

13/1963.
2/1955.

Amendment
of section 4
of the
Principal
Ordinance.

10/1951.

Addition of
new section to
the Principal
Ordinance.

Remuneration
of members of
the Board.
Antiava. 2? Industrial Development. No. £9 of 1956.
(Amendmeni.)

entitled to receive any such remuneration or
allowance.”

Commence- 4. This Ordinance shall be deemed to have
matt come ito operation on the Ist day of January,
1956.
Arc LovELace,
President.

¢
Passed the Legislative Council this 22nd day
of May, 1956.
F, A, CiarKE,
acting Clerk of the Council.

ANTIGUA.

Printed af tne Government Printing Office, Leeward Islas.
by Bart Piaorr. Acting Geverninent Printer.-By Authority.
1956,

A. 47/88—480—06.56. [Price 4 cenis.|
No. 20 of 1956, Sugar Export Cess
(Amendment)
[L.8.]

I Assent,
P, D. Macnorarp,
Governor’s Deputy.
18th June, 1956.

ANTIGUA.
No. 20 of 1956.

An Ordinance to amend the Sugar Kxport Cess
Ordinance, 1947.

[ist January, 1956}

ENACTED by the Legislature of Antigua
as follows :—

1. This Ordinance may ke cited as the
Sugar Export Cess (Amendment) Ordinance,
1956, and shall be read as one with the Sugar
Export Cess Ordinance, 1947, hereinafter called
the Principal Ordinance.

2. Section 3 of the Principal Ordinance is
hereby amended :—

(1) by deleting the words ‘“ manufac-
tured in the Presidency and exported there-
from’ and substituting therefor the words
“to which this section applies’; and

(+) by renumbering the section as
subsection (1) and adding the following as
subsection (2) :—

*(2) This section applies to sugar
manufactured in the Presidency and
exported therefrom—

(a) which is sold or is to be sold at

a price negotiated annually pursuant to

an agreement entered into between the

' Ministry of Food on behalf of Her
Majesty’s Government in the United

Kingdom and, ater ave, the British

West Indies Sugar Association (Inc.)

on behalf of the sugar industries and

ANTIGUA.

Commence:
inent.

Short title.

10/1947

Amendment of
section 3 of
the Principal
Ordinance.
Anriava.

Insertion of
new sections
to the Princi-

2

Sugar Leport Cess No. 20 of 1956.

(Amendment). .

exporters m the british West Indies
and signed on the 21st day of Decem-
ber, 1951: or

(6) which is sold or is to be sold
at @ price per ton free on board not less
than the net price per tqn free on
board of the sugar referred to in
paragraph (a) of this subsection.

‘The expression “net price per ton”
means the sum obtained by deducting
the cess specified in this section from
the current price per ton free on board
of the sugar in respect of which the
term is used.”

(1) After section 7 of the Principal

Ordinance the following sections shall be in-

pal Ordinance. serted as: sections 7A and 7B respectively:—

te Membership
of bodiss ©

created by sec-

tion 7 (6) not
to constitute
holding of
public office.

10/1951

Remunera-
tion to mem-
bers of bodies
constituted
under section

ras

7 (8)

7A. It is hereby declared that mem-
bership whether with or without remunera-
tion or other allowance, of any bodies which
may be constituted under the provisions of
paragraph (6) of section 7 of this Ordinance
for the administration of the funds does not
constitute the holding of a public office
within the meaning of the Antigua Consti-
tution and Elections Ordinance, 1951.

7B. (1) The Governor in Council may
authorise payment to members of any of
the bodies which may be constituted under
the provisions of paragraph (4) of section 7
of this Ordinance for the administration of
the funds, of such remuneration or other
allowance as he may think fit :

Provided that where any member of
such bodies is a public officer he shall not
be entitled to receive any such remuneration

- or allowance.

(2) The remuneration or other allow-
ance authorised by subsection (1) of this
section to be paid to members who are
eligible therefor shall be paid out of the
No. 20 of 1956, Sugar Export Cess 3 ANTIGUA.
(Amendment)

monies of the fund which such members
are appointed to administer.

(3) This section shall be deemed to ane
have come into operation on the Ist day of
January, 1956.”

Avec LOvELACE,
President.

Passed the Legislative Council this 22nd
day of May, 1956.

F, A. Crarkg,
Acting Clerk of the Council,

ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by EaRL Preotrr, Acting Government Printer.—-By Authority.
1956,
A. 71/8 —11—480-—6,56. [Price 6 cents,
No. 21 of 1956. — -Latiyua Constitution and ANTIGUA.
Elections (Katension of Time),

[L.8.]
| ASSENT,
P. D. MacponaLn,
‘ rovernor’s Deputy.
19th June, 1956

ANTIGUA.
No. 21 of 1956.

An Ordinance to extend the time limited in
subsection (1) of Section 43 of the Antigua
Constituzion and Elections Ordinauce, 1951,
for the issue, of the Proclamation therein
mentioned,

[19th June, 1956. | Commence-

ment,

WHEREAS subsection (1) of section 43 of preamble.
the Antigua Constitution and Elections Ordinance,
1951, provides that the Supervisor of Iilections
shall in such month in such vears as the Adminis-
trator by proclamation may appoint and im no case
being more than three years after the date of
the retarn of the first writ at the last preceding
general election publish a notice in the (racette and -

‘in one or more newspapers published in the
Presidency requiring within twenty one days after
the first publication of the said notice every person
who claims to be entitled to vote at an election to
deliver to the registering officer of the polling
division of the electoral district in which such per-
son resides notice of his claim to be registered as a
voter:

AND WHEREAS the return of the first writ
at the last general election was made on the 12th
day of December, 1951:

AND WHEREAS the Administrator has not
within the time prescribed by the said subsection
(1) of section 43 of the said Ordinance in the
manner prescribed by the said subsection appointed
the date on which the Supervisor of Elections
should comply with the provisions of the said
subsection:
Awtiava. 2 Antigua Consti'ution and No. 21 of 1956.

Short title. 1. This Ordinance may be cited as the
Antigua Constitution and Elections (Jixtension of
case Time) Ordinance, 1956 and shall be read and
13/1954, construed as one with the Antigua Constitution and
ieee. Mlections Ordinance, 1951, as amended (hereinafter,
17/1956. referred to as the Principal Ordinance).
Extension of 2. eee anything contained in
on subsection (1) of section 43 of the Principal Ordi-
tion, nanee which limits the time for the issue of the
proclamation appointing the date for the publication
of the notice requiring persons claiming to be
entitled tv vote to register their cliims, the provi-
sions of the said subsection shall, for the purpose of
complying with the remaining’ provisions of the
said section and of sections 4+ to 48 inclusive of the
Principal Ordinance in preparation for the yeneral
election which may be held in the year 1956 as a
result of the extension of the life of the Legislative
Council the. Presidency by the Legislative
V1j19a4. Couneil (Extension of Duration) Ordinance 1944,
be construed as if for the word ‘ three’ ’ appearing
betweer the word “ than” and the word “years” in
line 5, the word “five” were substituted.
Duration. 3. This Ordinance shall expire on the 15th

Elections (Matension of Time).

AND WHEREAS it is expedient to extend
the tine for complying with the said provisions of
the said subsection:

BE IT ENACTED by the Legislature of

Antigua as follows:—

day of November 195%.

Atec Lovetacs,
President.

Paased the Legislative Council this 19th day of
June, 1956,

F. A. Crarke,
Acting Clerk of the Council,

; ANTIGUA.
Printed at the Government Printing Offies, Leeward Psiandy.
by Earn Proorr. Acting Government Printer. —By Authority
1956.

A. 47/76—480—6.56. | Price 4 cents.
e

No. 13 of 1956. Lunacy and Mental Preatinente MONTSFRRAT.

[L.8. ]

L Assent,
Kk. W. BuackBurNg,
Governor.
6th June, 1956,

MONTSERRAT.
No. 18 of 1956.

An Ordinance to provide for the custedy and treatment of
persons of unsound mind, for their removal from the
Colony to a mental hospital outside the Colony for such
treatment, and for other purposes incidental thereto and
connected therewith.

[By Proclamation | Commence-
ment.

ENACTED ky the Legislature of Montserrat.

lL

This Ordinance may be cited as the Lunacy and Short title.

Mental Treatment Ordinance, 1956.

2.

In this Ordinance--

“Arrangement” means an Arrangement made under Intorpreta

section 3; tion,

“crime” means any felony or misdemeanour;

‘criminal lunatic ” means a person detained in custody by

reason of his having been charged with an offence.
and either found to have been insene at the time of
such offence, or found cr certified or otherwise
lawfully proved to be unfit on the ground of his
insanity to be tried fer the same, and includes a
person convicted of an offence and afterwards
certified or otherwise ‘awfully proved to be insane;
Montserrat. 20 Luncey and Mental Treatinent. No. 13 of 1956.

_ “insane person” or “person of unsound mind” or
“natient” includes ax idiot and any other person of
unsound mind;

“institution” means a hospital or ether suitable place
appointed as such by the Governor in Counci! for the
purposes of this Ordinance;

“licensed house” means a house licensed for the reception
of a person of unsound mind under thi: Grdinance;

“licensee” means the person to whom a licence ‘in
respect of a licensed house is granted;

“mental hospital” means a mental hospital te which a
temporary patient, or a voluniary patient or a person
who has becn duly adjudged to be of unsound mind
and a proper subject for confinement may be removed
pursuant to an Arrangement;

“pauper patient” means any insane persen who is found
wandering at large, or who is not under proper care
or not under proper control, or who is likely to
commit a crime;

“removal order” means an order made by the Admin-

istrator under section 4;
“Schedule” means Schedule to this Ordinance:

“ section” means section of this Ordinance;

“temporary patient” means a person described in section

,

“Visiting Committee” means the Visiting Committee for
licensed houses referred to in section 16;

“‘ voluntary patient” means a person described in section
39.

Power to 8. (1) The Administrator may on bekalf of the Colony

Administrator enter into an Arrangement with the Administrator of Antigua

ee upon such terms and subject to such conditions 23 they may
rrangement ° ‘ 7 ; : e

with Admin. consider appropriate for the reception and detertion iu, and

istrator of discharge from, a mental hospital in Antigua ot zy person of
Antigua. unsound mind or voluntary patient or temporary patient in the
Colony.

(2) Any Arrangement made under this section may he
varied or revoked by a subsequent Arrangement.

Power to . 4, Where under the provisions of section 3 an Arraage-
euacetel tad ment has been made, the Administrator may by crder under his
moval tomen- hand (hereinafter referred to as ‘‘a removal order ”) direst the
tal hospital, | removal from the Coleny of any person duly adiwdged to he a

person of unsound mind and a proper subject of continement,

Form 1. fo a mental hospital and such order shall be sufticient authority
No. 13 of 1956. Lunacy and Mental Treatment, 3 Montsrrrar.

for the removal of such person of unsound mind from the
Colony, his conveyance to, and his reception and detention in a
mental hospital, and in the event of his escape therefrom, his
capture and return to the said hospital.

ADJUDICATION OF PERSONS OF UNSOUND MIND.

5. (1) Any Magistrate, upon the information upon oath Enquiry as to
of any informant te the effect that the informant has good |"nacy.
cause to suspect and believe and does suspect and believe some
person to be of unsound mind and a proper subject for
confinement, may, in any place which he deems convenient, Form 2.
examine such persen, and, in the same place or elsewhere, may
held an enquiry as te the state ef mind of such person.

For the purposes of sucis enquiry the Magistrate skall have
the same powers as if the person alieged to be of unsound mind
were a person against whom a complaint for an offence
punishable on summary conviction has Leen laid:

Provided ihat uo persen alleged to be of unsound mind
stall be required to attend ai any Magistrate’s Court for
examination by a Magistrate nor shall ie be taken to any such
court for such purpose.

(2) A Magistrate may, if he thinks fit, proceed with an
enquiry under this section in the absence of the person alleged
te be of unsound mind and without proof of the service of any
summons upon suc: person.

(3) Hf, at any stage of an enquiry under this section, it
shali be shown to the satisfaction of the Magistrate conducting
such enquiry that the person alleged to be of unsound mind is a
person whom it is expedient to put iminediately under confine-
ment pending the conclusicn of the enquiry, it shall be lawful
tor such Magistrate either prouyiiv sot or at the request of
the informant—-

(a) to make a written order for the detention of
such person during a period which shall not exceed four-
teen days in an institution;

(») from time to time, on geod cause shown to
make further orders for such detention, in the like form,
for periods none of which shall exceed eight days:

Provided that no such person shall be detained under
observation for more than iwo months at a time;

() at any time, by order under his kand, to direct
that the person detained be released.

(4) It shall be lawful for any person to whom the
execution of an order made under the last preceding subsection
is entrusted, to convey the person alleged to be ef unsound
mind therein mentioned to the specified place cf detention and
there to detain him during the peried specified unless previous .
MoNTSERRAT.

Form 3.

Urgency
orders.

4A Lunacy aid Mowal Treatineni. No. 1 of of 1956.

to the expiry 6. sici period the release of ihe persea a! Teged to
be of unsound mind te ordered in due ceurse of lw.

(5) The “fagistrate shall also appoint two government
medical officers to examine the suspected per son ard shell
furnish such gevernment medical oificers with ail ae inocma-
tion bearing on the mental state of such suspected person which
he has been as -e to procure and such governinent medical
officers shat}, 1 i tcy consider the facts warrant thei in so doing,
sign separate ceriticates certifying that in their opinion tie sus-
pected person is 0. unsound mind. Each such certificate shall spe-
cify in full detail the facts upon wich the person signing it founds
his opinion, and shall distinguish facts which he has hiinself
observed from fact: communicated by others. The person sigs
ing each certificate information as to # ‘ous history of the suspected person,
and shall state in his certiiicate all matters known to him which
he deems likely to be of service with reference io medical
treatment. No certificate shall have any effect under this
Ordinance which purports to be founded wholly on facts
communicated by others.



we











(6) The informant referred to in subsectien (1) of this
section shall, if required by any government taedicai officer
appointed to examine the suspected person, by writien notice
served persone!ly on him, attend at the time and pizce specified
in such notice end give "such information touching tae mental
condition of the suspected person as shall be in his power to
give. Any such person who neglects or refuses ic attend as
and when so required cr refuses to answer any ©, .:stion con-
cerning the mental condition of the suspected pero. which may
be put to him by a government medical officer enquiring
into such menial condition shall on summary conviction be
liable to a fine of four hundred and eighty collars er to
imprisonment for six months.

6. (1) Notwithstanding the provisions of section 5,
whenever a Magistrate considers it expedient, eizker for the
public safety or for the welfare of any person wii): respect to
whom an information on oath under the said section hes been
laid, that such person si:ould Ge forthwith placed unier observa-
tion, he may without the production of a meilica! certificate by




writien order direct ihat such person be rece iat an
institution ito ve named in the order and Ja tore celamed
under observation during such period, not excecdicg fourteen

days, as to the Magistrate may seem expedient:

Provided that on good cavse shown such crder may be
enlarged for further periods none of which shall czceed eight
days:

Provided further that mo such person shail “e Jetained
under observation fer more than two months at a time.

(2) The Magisivaie shall furnish the meiicai obicer in
charge of ihe institution with all the information / ering on the
mental state of the person so detained which he has been able to
procure.
No. 13 of 1956, Lunerry and Mental Treatment, § Montssrrar.

(3) The person who has laid the information on oath
referred to in subsection (1) of this section shall, if required
by the medical officer in charge of the institution by written
notice served personally on him, attend at the time and place
specified in such notice and give such information touching the
men‘a! condition of the person so detained as shall be in his
power to give. Any such person who neglects or refuses to
attend as and when so required or refuses to answer any
question concerning the mental condition of the person detained
which may be put to him by the medical officer in charge of the
institution shall on summary conviction be liable io a fine of
four hundred and eighty dollars or to imprisonment for six
months.

(4) If the medical officer in charge of the institution
certifies that any such person so detained under cbservation is
of sound mind, such person so detained shall be discharged
therefrom with all convenient speed and the said officer shall
notify the Magistrate accordingly within seven days of such
discharge.

(5) If the medical officer in charge of the institution
signs a certificate in the manner and form and _ contain-
ing the particulars required under subsection (5) of section
5 certifying that in his opinion the person so detained is
of unsound wind the Magistrate shall proceed te hold an
enquiry into the state of mind of such person in accord-
ance with the provisions of section 5:

Provided that for all the purposes of this Ordinance
the said medical officer in charge of the institution shall
be deemed to be a government medical officer appointed
under subsection (5) of section 5, and his certificate signed
under this section shall be deemed to be a certificate signed
by him under subsection (5) of section 5.

7. (1) Whenever a Judge or a Magistrate has reason Admission of
to believe that a person committed for trial before him or 2®°o"sed ae
charged before him with an offence is of unsound mind, he oa. ie
may for the purpose of obtaining evidence as to whether such
person is or is not of unsound mind, by written order direct
that such person be received into an institution, to be named in.
the order, and be there detained under ob.crvation during such
period, not exceeding fourteen days, as to the Judge or
Magistrate may seem expedient:

Provided that on good cause shown such order may be
enlarged for a further period or periods each not exceeding
eight days at a time:

Provided further that no order under this subsection shal
be made in respect of persons who are not being kept in custody
pending trial.
Monserrat

False medical
certificate.

Adjudication
of person of
unsound mind,
Forin 4.

Form 4.

Custody of
person of un-
sound mind,

Form 4.

Form 5.

Form 6.

Appeal,

6 hunaey and Mental Treatment. No. 13 of 1956.

(2) When an order has been made under this section a
certificate under the hand of the medical officer in charge of
the institution shall be sufficient evidence of the facts therein
stated concerning the state of mind of the person kept under
observation and it shall not be necessary to prove the hand-
writing of such officer, but the Judge or Magistrate may
examine any members of the staff of such institution who- shall
have had the patient under observation.

(3) Every person ordered under this section to be
received inte an institution for observation shall be received
inio the institution named in the order and be there detained
under observation for the period stated in the order or for
such shorter period as the Judge or Magistrate who made the
order may direct, and it shall be lawful fer any person to
whom the execution of the order is entrusted to convey the
person named therein to such institution. :

8. Any government medical officer or registered medical
practitioner who knowingly and wilfully in any certificate
under this Ordinance falsely states or falsely certifies anything,
shall be guilty of a misdemeanour, and, on conviction thereof
on indictment, shall be liable to a fine of two hundred end
forty dollars, and may also, if the court so think fit, be
imprisoned for one year.

9. Where, upon such enquiry as is provided for by this
Ordinance, it appears to the Magistrate that any person is of
unsound mind and a proper subject of confinement, and such
medica: certificates as by this Ordinauce are required of his
unsoundness of mind have been given, the Magistrate sav
adjudge suc!: person to he of unsound mind and a proper 3ii-
ject of confinement, and may make an order according to tliis
Ordinance for the detention of such person in an institution
pending the making of a removal order in respect of such
person.

10. Where, under this Ordinance, any person has veen
duly adjudged to be of unsound mind and a proper subject of
confinement, a Magistrate may—

(«) make an order as provided in section 9; or

(4) grant to any person residing in the Colony

a licence authorising such persen to receive the person cf

unsound mind inte some house specified in the licence,

eat situate within the Colony and there te take charge of
im; or

(¢) if it appears that the person of unsound mind is
a pauper patient, make an order for the detention ef such
person in an institution pending the making of a removal
order in respect of such person.

13. In case of any order under this Ordinance adjudging
any alleged insane person to be of unsound mind and a proper
subject of confinement, and in case of a refusal so to adjudge,
. No. 13 of 1956. Lenecy and Mental Treatment. 7 Montserrat.

an appeal! shal! lie to the Supreme Court, subject to the same
conditiers and with the same consequences as if the alleged
insane person i:ad been convicted of an offence punishable on
summary cozviction in a case in which an appeal would lie.

INSTITUTIONS.

12. The Administrator may, by proclamation, appoint Appointment
the whole or any part of any building, house, or other place, of institu-
with any out-houses, yards, gardens, grounds, or premises *°™*-
thereto belonging, to be an institution for the purposes of this
Ordinance.

18. The Superintendent of any institution or any officer Escape trom
or servant thereof, or any police officer or other peace officer, “*titution.
may retake any patient who is escaping from such institution,
and may, within fourteen days after any escape, retake any
patient whe has escaped from such institution, and may return
to the institution any patient so retaken, where he shall revert to
his former custedy.

14. (1) Where the medical officer in charge of a Transfer of
hospital! in the Colony or any other medical officer duly Persons from
authorised by the said medical officer in charge to act on his Re in
behalf kas reason to suspect that any person in such hospital is Colony for
of unsound mind he may by order in writing direct the transfer observation.
of such person to and his detention in an institution for the
purpose of observation during such period not exceeding four-
teen days as to him may seem expedient:

Provided that on good cause shown such order may be
enlarged fcr further periods none of which shall exceed eight
days:

Provided further that no such patient shall be detained
under observation for more than two months at a time.

(2) The medical officer in charge of the said hospital or
other medical officer duly acting on behalf of the said medical
officer in charge, as the case may be, shall immediately on
ordering the transfer and detention of a patient under the
provisions of suasection (1) of this section notify the Magis-
trate of such transfer and detention and furnish him with the
grounds o: which he has made the order, and such Magistrate
shall either confirm or annul such order and within three days
of such notification communicate his decision to such medical
officer in charge of the aforesaid hospital or other medical
officer, as the case may he, as well as to the medical officer in
pa of the institution to which the patient has been trans-
erred:

Provided that if the Magistrate shall annul such order the
patient shall forthwith be discharged from such institution.

(3) Were the medical officer in charge of an institution
signs a certificate in the manner and form and containing the
particulars required under subsection (5) of section 5 certifying
that in his opinion any person detained under the authority of
subsection (2) of this section is of unsound mind the Magistrate
MONTSERRAT

Duty of Jicen-
gee.

Visitine Com-
mittee,

Record a,

Escape from
licensed
house,

Alisence on
trial

8 famaey apd Vota? Treatment, No. 13 of 1956.

shall proceed fo hold an enquiry into the state of mind of such
person in accordance with the provisions of section 5:

Provided that for ali the purposes of this Ordinance
ihe said medical o.ficer in charge of the institution shall
be deemed to be a» government medical officer appointe’
rrder subsection (5) of section 5, and his certificate signed
under this suisection shall be deemed to be a certificate
signed by him under subsection (5) of section 5.

(4) Every person ordered under this section to be
received inte an institution for cbservation shall be received
into the institution named iu the order and be there detained
under ebservation fer the period stated in the order or for
such shorier pericd as the medical officer in charge of the
hospital or other medical officer duly authorised by him to act
on his behalf or the Magistrate, as the case may be, who made
tne order shail divart, and i: saall be tawful for any person to
whom tle execution of tie order is entrusted to convey the
person named therein to the institution named therein.

LICENSED HOUSES.

15. Where a licence in respect of any patient is
granted under this Ordinance, the Hzensee shall be bound to
take proper care of such patient unti! he dies or the licensee is
discharged under this Ordinance.

16. Resulations made under section 44 shall provide
for the conciitution by the Administrator of a Visiting
Committee for Lcenzea Leuses consisting. of such number of
rersovs appointed at such times, in such manner, for sich
periods and with such functions as may be prescribed.



1'7. The Heensee o/ every licensed house shall keep such
‘ooks, make such eatries, furnish such returns, and give such
notices as may {ram time fo time be required by regulations
made under this Ordinance.

18. The licensee of any licensed house; or any servant
ef or persou authorised by such licensee, or any police ofiicer
er other neace officer, may retake any patient who is escaping
from such Hcensed houce, and may within fourteen days after-
any escape, retake any patient who has escaped from such
licensed Fouse and may return to such licensed house any
patient se retaken, where he shall revert to bis former custody.

9. (1) Subject io the provisions of this Ordinance, the
Administrator may allow ony patient confined in a licensed
honse ta te absext from such licensed house upon trial for suck
period as he thinks fit, and may at any time grant an extension
of such period.

(2) No patiert shall be allawed to be absent on trial
der this section rojess some person enter into an agreement
wupeoved by ihe Administrator to ake charge of such patient.


No. 13 of 1956. Lacey and Mental Treatinent, 9

(3) If any patient allowed to be absent on trial from
a licensed house under this seotion does not return at or
before the expiration of the allowed period of absence,
then, unless a certificate signed by a government medical
officer certifying that such patient may safely be permit-
ted to ke at large is sent to the Magistrate and also, where
practicable, to the licensee of such licensed house, such
patient may at any time within fourteen days from the
expiration of such allowed period, be retaken as if he had
escaped from such licensed house, or, in case the licensee
from whose custody the patient was allowed to be absent
is unable or unwilling to resnm« the care and custody of
such patient. may be dealt with asa person duly adjudged
under this Ordinance to be of unsound mind and a proper
subject of confinement.

20. Notice of the death of any patient confined in
a licensed house shall be given forthwith by the licensee
to the Coroner and shall also be given by the licensce as
soon as may be to the nearest known relative of the
patient.

21. (1) When any patient is confined in a licensed
house, the licensee, if desirous of being discharged of the
care of such patient, shall serve notice of such his desire
upon the Magistrate.

(2) At the expiration of fourteen days from the
service of snch notice, the licensee shall be discharged,
and sneh patient may be dealt with as a person duly
adjudged und-r this Ordinance to be of unsound mind
and a proper subject of confinement.

22. Where it appears to a Magistrate that the
persons at whose expense a patient is maintained in a
licensed house are desirous that the patient should be
removed from such licensed house, and that provision
has been made for his care and custody in a mental
hospital or in another licensed house, the Magistrate
may—

(@) where provision has been made for the care
and custody of the patient in a imental hospital, order
such patient to be removed from the licensed house
wherein he is then confined to an institution pending
the making of a removal order in respeet of such
person: or

(6) where the patient is to be removed from one
licensed house to another licensed house order the
patient to be removed to such other licensed house,

znd shall in either case discharge the licensee of the first-
mentioned licensed house accordingly,

MonrTseRRAT.

Death of
patient.

Discharge of
licensee.

Form 7,

Removal of
patient at
request of
friends.

Form 8,
MONTSERRAT.

Removal of
patient ill-
treated or
neglected,

Form 9.
Form 10,

Form 11.

Release of
patient,

Form 12,

Appeal by
licensee.

Cap. 61,

Appeal where
order refused.

Execution of
order of
removal,

10) Lainey and Mental Treatment. No. 13 of 1956.

28. (1) Where, upon the information upon oath of
any person, it appears to a Magistrate that a patient
confined ina licensed house is ill-treated or neglected,
the Magistrate may order the patient to be removed either
to an institution pending the making of a removal order
in respect of such patient or to another licensed house,
and thereupon the licensee of the first-mentionad licensed
house shall be discharged.

(2) Where an order has been made under subsection
(1) of this section for the removal of a patient froma
licensed house to an institution or to another licensed
house the Magistrate shall issue a warrant authorising
such removal.

24. (1) Where, upon the information upon oath of
any person, it appears to a Magistrate that a patient
confined ina licensed house is no longer a proper subject
of confinement, such Magistrate may discharge the
licensee and order him to release the patient, or may
himself release the patient.

(2) Any licensee disobeying an order made under
this section shall be liable, on summary conviction, toa
fine of forty-eight dollars. Such conviction shall not bea
bar to any action in respect of the same wrong.

25. Where, under this Ordinance, the Magistrate
orders the removal of a patient from a licensed house on
the ground of ill-treatment or neglect, or orders a patient
confined in a licensed house to be released, the licensee
may appeal against such order, subject to the same
conditions and with the same consequences as if he had
been a party against whom a conviction was made within
the. meaning of subsection (2) of section 172 of the
Magistrate’s Code of Procedure Act.

26. Where, upon information being laid under this
Ordinance that a patient confined in a licensed honse is
ill-treated or neglected, or that a person confined ina
licensed house as a patient ought to be released, a
Magistrate refuses to make any order, an appeal shall lie
to the Supreme Court, subject to the same conditions and
with the same consequences as if the licensee had been
charged with an offence punishable on summary convic-
tion and the Magistrate had refused to convict.

2'7. Where an order for the removal of a patient
from a licensed house has been made, the court, Judge,
or Magistrate making the order may issue a warrant for
the execution of the order directed to any person or
persons whom such court, Judge, or Magistrate thinks fit.
Any person shall, if required by any one to whom the
warrant is directed, aid and assist in the execution of the
warrant.
No. 13 of 1956. 11

Lunacy and Mental Treatment.
INTERIM ORDERS.

283. Where notice of appeal under this Ordinance
has been given—

(a) the Magistrate may, if he thinks fit, suspend
the execution of any order made by him until the
decision of the appeal, or for any shorter period, and
upon such terms and conditions, if any, as he thinks
fit; and

(8) any Judge, upon tha application of the
appellant, and, if he thinks fit, without any notice of
the application being served upon the respondent,
may, at any time, and notwithstanding any previous
order of a Judge or Magistrate, make such order,
subject to such terms and conditions, if any, as he
thinks fit, ag to the care or custody or allowing to be
at large, until the decision of the appeal or for uny
shorter period, of the person alleged or adjudged to
be or confined as a person of unsound mind:

Provided that upon an appeal being or being deemed
to be abandoned, any order made under this section ghall
determine, and the order appealed against shall take
effect.

CRIMINAL LUNATICS.

29. Where any person heing in custody as a
criminal lunatic is removed from the Colony under the
provisions of the Colonial Prisoners Removal Act, 1884,
the time during which such criminal lunatic. if under
sentence of imprisonment, is detained in a criminal
lunatic hospital or other place of detention shall be
reckoned as having been served under such sentence.

80. When ihe term of imprisonment to which a
person confined in a criminal lunatic hospital or other
place of detention is liable expires while such person is in
custody in such hospital or other place of detention, then
unless the medical officer in charge of the said hospital or
other place of detention, as the case may be, by writing
under his hand, certifies that such person may safely be
allowed to be at large, such person shall, at the expiration
of his term of imprisonment, he deemed to be a pauper
patient, aud may be detained in «a mental hospital as a
pauper patient.

MAINTENANCE OF INSANE PERSONS.

81. (1) In all cases notwithstanding any. previous order
made under this seetion a Judge of the Supreme Court, and
in cases where ths property of an insane person is of less
value in the whole than the snm of four hundred and
eighty dollars, or the annual value of such property is
less than forty-cight dollars, a Magistrate, upon the
application of any person, may in his discretion and
having regard to all the circumstances of the case and

MONTSERRAT.

Interim order
in case of
appeal,

Form 13.

Prisoners of
unsound
mind, 47 &
48 Vict. c, 31.

Insanity at
expiration of
sentence.

Application
of insane
person’s
property for
maintenance.

Form 14.
MONTSERRAT.

Declaring
insane persen
a trustee.

Form 15.

20/1959,

Tll-treatment
of insane
person in
institution,

120 Laniacy and Mental Treatment, No. 13 of 1956,

in particular the financial cirewmstances of the insane
person, make an order as to the application of aiy pro-
perty of a person confined under this Ordinance, or the
income thereof, in or towards the expenses of the main-
tenance and support of such person, or in or towards
recouping the expenses of his past maintenance and
support, or such portion of either of these expenses as the
Judge or Magistrate thinks fit. The expenses of such
maintenance and support, or past maintenance and
support, to the extent to which they are ordered by a
Judge or a Magistrate hereunder to be paid out of the
property of an insane person or the income thereof, shall
be in equity a charge upon the real estate of the insane
person in the same manner as if he had power to charge,
and by writing under his hand had agreed to charge, his
real estate therewith.

(2) The application to the Supreme Court shall be
by motion or petition in a summary way, or in such
other manner as such Court, by a general order made
under this Ordinance, directs.

(3) Any application under this section shall be served
upon such persons and in such manner as the Court or
Magistrate directs.

(4) Whether any order under this section is made,
suspended, or refused, the Court or Magistrate shall make
such order as is just as to the costs of the applicant, and
such costs shall be recoverable by distress and sale of the
insane person’s personal estate, and shall be a charge in
equity upon his real estate in the same manner as if he
had power to charge, and by writing under his hand had
agreed to charge, his real estate therewith.

32. Where, under this Ordinance, a Judge of the
Supreme Court or a Magistrate orders the property of any
insane person or the income thereof to be applied in or
towards the expenses of hig maintenance or support, or any
portion thereof such Judge or Magistrate may declare that
such person holds such property or income upon trust to
obey the orders of the Judge or Magistrate, and thereupon
the Judge or Magistrate shall have the powers conferred
upon the Supreme Court by subsection (2) of section 21
of the Supreme Court Act, 1939, so far as regards the care
of the real and personal estates of lunatics and persons of
unsound mind held by such Innatics, or persons of un-
sound mind, upon trust or by way of mortgage.

OFFENCES IN REFERENCE TO INSANE
PERSONS.

838. Any Superintendent, officer, nurse, attendant,
servant or other person employed in any institution who
strikes, ill-treats or wilfully neglects any insane person
or patient confined in such institution shall be liable, on
summary conviction, to a fine of one hundred dollars, or
to imprisonment for six months, or to both such fine and
imprisonment.
No. 13 of 1956. Lunacy and Aiovtal Treatment. 13

34. (1) Any person who rescnes any insane person
or patient while being conveyed to or while confined in
any institution under this Ordinance, and any officer or
servant of any such institution who secretes, or through
wilful neglect or connivance permits to escape, any insane
person or patient confined in any such institution under
this Ordinance, shall be guilty of a misdemeanour and, on
conviction thereof on indictment, shall be liable to be
imprisoned for five years.

(2) Any officer or servant of any institution who
carelessly permits any person confined therein under this
Ordinance to escape shall be liable, on summary convic-
tion, to a fine of one hundred dollars.

85. (1) No private person shall undertake the care
or custody of any insane person unless he first obtains, in
respect of such insane person, a licence under this Ordi-
nance.

(2) Any person acting in contravention of this
section shal] be guilty of 2 misdemeanonr and, on convic-
tion thereof on indictment, shall be liable to a fine of
four hundred aud eighty dollars, or to imprisonment for
two years, or to both such fine «and imprisonment.

86. Where an insane person is eonfined in any
licensed house, the licensee, or any nurse, servant, or
other person employed in such house or by the licensee,
who strikes, ill-treats, or wilfully neglects such insane
person shall be liable, on summary conviction, to a fine

of one hundred dollars, or to imprisonment for six
inonths.
8'7. Whosoever resists or obstructs any member of

the Visiting Committee while visiting or attempting to
visit a licensed house, shall be liable, on summary con-
viction, to a fine of fifty dollars, or to imprisonment for
three months.

88. Whosoever obstructs any person acting in
execution Gi an order for the delivery of an insane person
to an institution or licensed house, or for the removal of
an ingane person from) an institution or a licensed house,
shall he liable. on suinmury conviction. to a fine of two
hundred and forty dollars, or to imprisonment for six
months.

TREATMENT OF VOLUNTARY PATIENTS IN A
MENTAL HOSPITAL.

89. (1) Any person who is desirous of voluntarily
submitting himself to treatment for mental illness in a
mental hospital (hereinafter referred to as a ‘“ voluntary
patient”) and who makes a written application to the
Administrator for the purpose, may without being
adjudicated a person of unsound mind under this Ordi-
nance or ah order issued thereunder be sent, in acecord-
ance with the terms of an Arrangement, as a voluntary
patient to a mental hospital.

MONTSERRAT.

Rescue and
permitting

escape from
institation,

Taking charyve
of insane
person with-
out licence.

Ill-treatinent,
of insane
person in
licensed
house.

Obstructing
Visiting
Comnnittee.

t

'
Ohstructing
execution of
ordex for
delivery or
removal.

Provision for
voluntary
treatment
without
certification
of certain
persons

Form 16,
Wonrserrat.

Provision for
temporary
treatment
without
eortification
of certain
persons,

Form 17,

14. Lunaey and Mental Treatment. No. 13. of 1886.

(2) A voluntary patient received into a mental
hospital under any Arrangement may upon giving to the
medical officer in charge thereof seventy-two hours’
notice in writing jenve the gaid hospital at the expiration
of the period of such notice.

(3) A voluntary patient shall by virtue of his applica-
tion for admission to a mental hospital be deemed to
consent to his removal from the Colony to a mentel
hospital and, subject to the provisions of subsection (2) of
this section, shall undertake to remain therein until
discharged in accordance with the terms of an Arrange-
ment. ‘The said patient shall also undertake to conform
to the rules regulating the obligations, conduct and
discipline of persons detained for treatment in the mental
hospital, and, subject as aforesaid, shall further undertake
not to leave the said hospital without being discharged in
the manner hersinhefore provided.

(4) Subject to the provisions of subsection (2) of this
section any voluntary patieut who leaves a mental
hospital without being discharged as in this section
provided may be captured and reconveyed thereto in
accordance with the terms of an Arrangement.

(5) If any voluntary patient dies in a mental
hospital, or departs therefrom without being discharged
or giving notice, as required by this section, the Admiinis-
trator shall be notified of the occurrence of any of these
events in the manner prescribed by an Arrangement.

40. (1) Subject to the provisions of this section, a
person who is suffering from mental illness and is likely
to benefit by temporary treatment but is for the time
being incapable of expressing bimself as willing or
unwilling to receive such treatment (hereinafter referred
to asa“ temporary patient”) may, on a written applica-
tion duly made in accordance with the provisions of this
section but without being adjudicated a person of
ungound mind under this Ordinance or an order issted
thereunder, be received as a temporary patient in a
mental hospital for the purpose of treatment therein,

- (2) An application under this section which shall be
in duplicate shall he in the form numbered 17 in the
Schedule, shall be made to the Administrator and shall,
if possible, be made by the husband or wife, or by a
relative or guardian of the temporary patient, or, on the
request of the husband or wife, or if a relative or guard:
ian, by’ a registered medical practitioner and if the
application is not go made, it shall contain a statement
of the reason why it is not so made, of the connection of
the applicant with the temporary patient and of the
circumstances in which he makes the application.
No. 13 of 1956. Lunacy and Mental Treatment. 15

(3) The application shall be accoinpanied by a
recommendation in duplicate in the form numbered 18
in the Schedule, signed by two registered medical practi-
tioners of whom one shall be a government medical
officer.

(4) On the receipt of an application accompanied by
a recommendation as provided in subsection (3) of this
section, the Administrator shall take steps in accordance
with the provisions of an Arrangement to have the
temporary patient received into a mental hospital for a
period not exceeding six months.

(5) Each of the registered medical practitioners by
whom a recommendation under this section is to be made
shall, before signing the recommendation, examine the
temporary patient either separately or in conjunction
with the other and shall specify in the recommendation
the date on which he so examined the said temporary
patient and the grounds on which he bases his recom-
mendation.

(6) A recommendation shall be of no effect for the
purposes of this section if there is a graater interval than
five clear days batween the dates on which the temporary
patient was examined by the two registered medical
practitioners respectively and any such recommendation
shall cease to have effect on the expiration of fourteen
days from the date on which the temporary patient was
examined by the two registered medical practitioners or
if he was examined by those practitioners on two differ-
ent dates, on the expiration of fourteen days from the
later of those dates.

(7) Where a temporary patient ig sent under this
section to a ental hospital a copy of the application and
of the recommendation accompanying the application shall
be forwardsd to the person in charge of the mental
hospital into which the temporary patient is to be
received. ‘he person in charge of the said mental
hospital shall upon the signed request of any person who
considers himself to be unjustly detained under such
application or recommendation furnish to him or to his
authorised representative free of cost a copy of such
application or recomniendation.

(8) If a temporary patient dies in or departs from
the mental hospital where he was residing, notice of the
fact shall be given to the Administrator in accordance
with the provisions of the Arrangement.

41. (1) Where a person has laid an information
under section 5 or signed or carried out or done any act
with a view lo signing or carrying out an order purport-
ing to he an adjudication order or any report, application,
recommendation or certificate purporting to be a report,

MonrsErrat.

Form 18.

Protection te
persons acting
under this
Ordinance.
Cap. 17,

Prerogative
of Crown,

Insane per-
sons 30 found
by inquisi-
tion

Regulations,

‘

16 Lunacy and Jeenial Treatment. No. 13 of 1956.

application, recommendation or certificate under this
Ordinance or has done anything in pursuance of this
Ordinance he shall not be liable to any civil or criminal
proceedings whether on the ground of want of jurisdic-
tion or on any other ground unless he hag acted in bad
faith or withont reasonable care.

(2) No proceedings, civil or criminal, shall be
brought against any person in any court in respect of any
such matter ag is mentioned in subsection (1) of this
section, without the leave of the Supreme Court, and
leave shall not be given unless the Court is satisfied that
there is substantial ground for the contention that the
person, against whom it is sought to bring the proceed-
ings, has acted in bad faith or without reasonable care.

(3) Notice of any application under subsection (2)
of this section shall be given to the person against whom
it igs sought to bring the proceedings, and that person
shall be entitled to be heard against the application.

(4) Where on the application under this section
leave is given to bring any proceedings and the proceed-
ings are commenced within four weeks after the date on
which leave was so given, the proceedings shall for the
purpose of the Public Authorities Protection Act, be
deemed to have been commenced on the date on which
notice of the application was given to the person against
whom the proceedings ure to be brought.

MISCELLANEOUS.

42. Nothing in this Ordinance shall prejudice any
right or prerogative of Her Majesty, or of the Governor
of the Leeward Islands on behalf of Her Majesty.

48. Nothing in this Ordinance shall apply to in-
sane persons so found by inquisition.

44. The Governor in Council may make regula-
tio. s—

(a) for the maintenance and control of institu.
iions and for the admission to and discharge of
patients from such institutions:

(#) jor lhe coustitution of a Visiting Committee
for Teensed houses in the manner provided by
section 16;
No. 13 of 1956. Lunacy and Mental Treatment, 17 Montsmrrat,

(c) as to the books to be kept by the licensee of a
licensed house, the entries to be made therein, and
the returns and notices to be furnished and given by
such licensee;

(d) generally for carrying into effect the pro-
visions of this Ordinance.

45. The forms contained in the Schedule may be Forms.
used in all cases to which they are applicable, but no
such form shall in any case be obligatory.

46. This Ordinance shall come into operation on a Commence-
date to be appointed by the Governor by Proclamation ment.
published in the Gazette.

O. KE. Henry,
President.

Passed the Legislative Council this 5th day
of June, 1956.

Js. H. Carport,
Clerk of the Council,
Monrserrat. 18 [nnacy and Mental Treatment. No. 13-0f 1956.
SCHEDULE.

Form 1.
The Lunacy and Mental Treatment Ordinance, 1956.
| Removal Order by Administrator. Sec. 4,
Colony of Montserrat.
To all Constables in the Colony
and
To the officer in charge of the mental hospital in...... sceeeeeeeeeeesee eee

WHERHAS by an order of the Magistrate made on the
day of A.B. of
was adjndged to be a person of uusound mind and a proper subject of
confinement, and was by the said order detained in an institntion
pending the making of an order for his removal to a mental hospital.

NOW, THEREFORE, I do hereby order and command yon the
said constables to remove the said
from the Colony and cony--y him to the mental hospital in
and there deliver him into the custody of the officer in charge of the
said mental hospital.

AND you the officer in charge of the mental hospital aforesaid are
hereby authorised to receive and (detain the said
in the said mental hospital until he is discharged therefrom in accord-
ances with the provisions of the abovementioned Ordinance and any
Arrangement made thereunder, and in the event of the said
escaping from the seid
mental hospital him to capture and reconvey to the said mental hospital
there to he detained until discharged as aforesaid.

AND for such removal from the Colony conveyance to, and
reception and detention in, the mental hospital, or capture and recon-
veyance thereto, as the.case may be, this shall be your sufficient
authority.

Dated this day of ‘ 19

Administrator.
Form 2.
The Lunacy and Mental Treatment Ordinance, 1956.

Information upon Oath. Sec. 5 (1)
Colony of Montserrat.

A.B., of informs the undersigned
Magistrate that he has good cause to suspect and believe and does
suspect anit believe that D.E., of
is a [pauper patient] person of unsound mind and a proper subj-ct of
confinement.
Mo. 13 of 1956. Lunacy and Mental Treatment. 19 MontTspRRat.
Taken and sworn

this day of Informant.

before me,

Magistrate.

Form 3.
The Lunacy and Mental Treatment Ordinance, 1956.
Medical Certificate. Sec. 5(5).
Colony of Montserrat.

I, R.K., a government medical officer, and heing in actual practice
as a (Physician, Surgeon or Apothecary, as the case may be) baving

been appointed by the Magistrate to exiumine - A.B.
of hereby

certify that I, on the day of

al personally examined the said

A.B. and J hereby certify that the said A.B. is a person of unsound
mind and a proper subject of confinement, and I have formed this
opinion upon the following grounds, namely :—

1. Facts indicating insanity observed by myself (here state the
facts)

2. Other facts (f any) indicating insanity communicated by
others (here state the facts and by whom sommunicated)

3. T have made enquiries of all persons Known to me who seem
likely to be able to give information us to any facts of the
previous history of the said A.B. likely to be of service with
reference to the medical treatment. The following statement
contains all such facts known to me:

STATEMENT.

(If any particulars in this statament are not known,
this 1s to be stated)

Naine of patient and christian name at length.

Sex and age.

Married, single, or widowed.

Condition of life aud previous occupation, if any.
The religions parsuasion ag far as known.

Previous place of abode.

Whether first attack. Age (if known) on first attack.
When aud where previously under care and treatment,
Duration of existing attack. Supposed cause.
Whether subject to epilepsy.

Whether siuicidal,

Whether dangerous to others,
MostserRAt. 20 Lunacy and Mental Treatment. No 13 of 1956.

Name and christian name and place of abode of nearest known
relative of the patient and degree of relationship.

(Add any othvr facts proper to be stated)
(Signed) 1 R.K.

(Place of abode)
Dated this day of 19 .

Form 4.
The Lunacy and Mental Treatment Ordinance, 1956.
Adjudication of lunacy and committal to an Sees. 9 and
institution pending making of a removal order. 10(s)
Colony of Montserrat.

A.B. Informant, D.E. Respondent.

(Date)

Whereas on the day of , A.B., of
informed me the undersigned Magistrate,

that he had good cause to suspect and believe and did suspect and
believe that D.E., of , Was a person of
unsound mind and a proper subject of confinement:

And Whereas it appears to me that the said D.E. is a person of
unsound mind and a proper subject of confinement:

And Whereay, ws required by the abovementioned Ordinanee, the
medical certificates hereunto annexed of the unsoundness of mind of
the said D.E. have been given.

Now, therefore I do hereby adjudge the said D.E. to be a person
of unsound mind and a proper subject of confinement and do hereby
order that the said D.E. be detained in an institution at
pending the issue of a removal order in respect of the said A.B.

Magistrate.
No. 12 of 1886. Lunacy anid Mental Preatment, 21 Moxrsrrea,

Form 5.
The Lamacy and Mental Treainient Ordinanee, 1956.
Adjudication of lunacy and committal to Sec. 10(8)
licensed house.
Colony of Montserrat.

A.B. Informant, D.E. Respondent.

(Date)

Whereas on the day of 19 , A.B.
of , informed me the undersigned Magis-
trate that he had good cause to suspect and believe, and did suspect and
believe D.E., of , to be a person of unsound

mind and a proper subject of confinement:

And Whereas as required by the abovementioned Ordinance, the
medical certificates hereunto annexed of the unsoundness of mind of
the said D.E. have been given:

And Whereas F.G., of - has offered to under-
take the care and custody of the said D.E., in his house sitnate

at and has requested to have a licence granted
to him for thé purpose:

And Whereas [am of opinion that the said F.G. is a proper person
to have the care and custody of the said D.E., and that his said house is
suitable for the reception of the said D.E.

NOW, therefore, I do hereby adjudge the said D.E. to be a person
of nosound mind and a proper subject of confinement and I du hereby
grant to the said F.G. a licence to receive the said D.E. into his said
house and there to take care and custedy of him the said D.E., and I
do herely order that the said D.E. be detained ag a person of unsound
mind in the suid house of the said F.G., in the care and castody of the
said F.G., subject to the provisions of the abovementioned Ordinance,

Magistrate.
Form 6.
The Lunacy and Mental Treatment Ordinance, 1956.

Order of committal of pauper patient to an institution
pending the making of a removal order. See. 10(c).

Ovlony of Montserrat.
' A.B. Informant, D.E. Respondent.

(Date)

WHEREAS on the day of 19 , ALB., of

, informed me the undersigned Mayistrate that he

had good cause to suspect und believe and did suspect and believe that
D.E. was a pauper patient and a proper subject of confinement:

AND WHEREAS, as required by tle abovementioned Ordinance,
the medical certificates hereunto annexed of the unsoundness of mind
of the said D.E. have been given.
Mowisereat, 22 Lunacy and Menial Treatment. No. 13 of 1956.

NOW, THEREFORE, Ido hereby adjudge the said D.E. to bea
pauper patient and a proper subject of confinement and I do hereby
order that the ssid D.E. he detained in an institution at

pending Lie igsne of a removal order in respect of the
said D.E.

Magistrate.

Form 7.
The Lunacy and Mental Treatment Ordinance, 1956.
Notice by Licensee desiring to be discharged. Sec. 21.
Colony of Montserrat.

To T.M. Magistrate.

[, E.F., to whom on the day of
a licence was granted by to receive into my
house, situate in one A.B., a patient, and there

to take the care and custody of the said A.B., do hereby give you notice
that I desire to be discharged of the care and custody of the said A.B.

Witness G.H. of
E.F.

Date.

Form 8.

The Lunacy and Meniai Treatment Ordinance, 1956.

Order for removal of person of unsound mind from See. 22.
licensed house at request of friends.

Colony of Montserrat.

(Date)
' Whereas by an order made on the day of
hy Magistrate a licence was granted to E.F., of

»

to receive one .4.B., a patient into his house situate at
and there to take the care and custody of the said A.B.:

And Whereas it appears to me, the undersigned Magistrate, that
the said A.B. is maintained in the said licensed house of the said ELF.
at the expense of J.H. and K.L. and that the said J.H. and K.L. are
desirous that the said A.B. should bs removed from the licensed anuse
of the said E.F. to the house of one Q.R. situate at

“(Where provision has been made for the care and custody
of a patient in a mental hospital use the words shown below).

And Whereas the seid QR. has applied to me fora licence to
enable him to receive the suid A.B. at his said house, and there to take
the care and custody of the said A.B.:
ho. 13 of 1956, Lancey and Menial Treatment, 23 Monesmirrar.

And Whereas Tam of opinion that the said Q.R. is a proper person
to have the care and custody of the said A.B. and that his said house ig
suitable for the reception of the said A.B.

Now, therefore, I, the said Magistrate do hereby discharge the said
B.F. of the sare and custody of the said A.B. and do hereby order that
the said A.B. be removed from the licensed house of the said ELF. to
the said house of the said Q.R. And I do hersby grant to the said Q.R.
a licence to receive the said A.B. into his said house, and there to take
the care aud custody of him the said A.B. And I do hereby order that
the said A.B. be detained as a patient in the said house of the said Q.R.
in the care and custody of the said Q.R. subject to the provisions of the
abovementioned Ordinance.

Magistrate,

“And Whereas provision has been made for the care and custody of
the said A.B, in a mental hospital.

Now, therefore, I the said Magistrate do hereby discharge the said
E.F. of the care and custody of the said A.B. and do hereby order that
the said A.B. be removed from the licensed house of the said E.F. to an
institution at pending the making of a removal order
in respect of the said A.B,

Magistrate.

Form 9.
The Lunacy and Mental Treatment Ordinance, 1956.

Complaint of ill-treatment (or neglect) of a person Se. 23.
of unsound mind in a licensed house.

Colony of Montserrat.

of » informs ;
Magistrate, that A.B. a patient confined in the licensed house of E.F.,
situate at is ill-treated (or neglected).

Taken and sworn |
day of - Informant.
before me, J

Magistrate.
MONTSERRAT. D4 Tawsey and Mental Treatuent, Na, 13 of 1956,

Form 10.
The Lunacy «nd Mental Treatment Ordinance. 1056,

Order for removal on ground of ill-treatment (or Sec, 23,
neglect) of a person of unsound mind from a
licensed house

Colony of Montserrat.

On this day of , ab
complaint was made to me the undersigned Magistrate that A.B. a
patient confined in the licensed house of KF, situate at
is ill-treated (or neglected) and I, having heard the gaid complaint, do
hereby order that the said H.F. be discharged from the care and custody
of the said A.B. and do hereby further order that the said A.B, he
removed from the licensed house of the said E.F.

(where patient is to be sent to a mental
hospital use the following words)

to an institution pending the making of a removal order in respect of
the said A.B. and I hercby discharge the said E.F. of the care and
custody of the said A.B.

(where patient ts to be sent to another licensed
house, use the following words)

to the house of Q.R.; And I do hereby grant the gaid Q.R. a licence to
receive the said A.B. into his house and there to take the cure and
custody of him the said A.B. And I do hereby further order that the
said E.FÂ¥. be discharged of the care and custody of the said A.B. and
that the said A.B. be detained as a patient in the said house of the said
Q.R. in the care and custody of the said Q.R. subject to the provisions
of the abovementioned Ordinance. é

Date

Magistrate.

Form 11,
The Lunacy and Mental Treatment Ordinance, 1956.

Warrant for the removal of a person of unsound Sec. 23(2)
mind from a licensed house.

Colony of Montserrat.

To T.S. W.V. Y.Z. and
To Q.R.
Whereas by an order made on the day of

by me the undersigned Magistrate, I did order that A.B., a patient
confined in the licensed house of E.F. situate at
be removed from the said licensed house of the said E, E, to (*the house
No. 13 of 1956.) Lunacy and Mental Treatinent, 25 Monrsmrrar.

of you the abovenamed Q.R., situate at ){ (an
institution situate at pending the making of an
order of removal in respect of the said A.B.).

These are, therefore, to authorise you the said T.S,, W.V. and Y.Z.,
or any or either of you, to remove the said A.B. from the said licensed
house of the said E.F., and him to deliver (*to you the said Q.R. at the
said house of you the said Q,R., where yon the sail Q.R. are to receive
and take the eare and custody of the said A.B.)/(*to the institution
aforesaid): And for so doing this shall be your warrant.

And if required in this behalf by you, or any of you, all constables,
peace officers, and all other Her Majesty’s subjects are to be aiding and
assisting in the execution of this warrant. :

Given under my hand this day of 19

Magistrate.

* Delete words not applicable.

Form 12.
The Lunacy anid Mental Treatment Ordinanec, 1956.

Order for the release of a patient from a Sec. 24,
licensed House.

Colony of Montserrat.

On this day of at

complaint was made before me the undersigned Magistrate that A.B, a
patient confined in the licensed bouse of EL. situate at

is no longor a proper subject of confinement, and it appearing to me,
having heard the said complaint, that the said A.B., is no longer a
proper subject of continement, I do hereby discharge the said ELF. of
the care and custody of the said A.B., and do hereby order him the said
E.F. to release the said A.B., and him the said A.B. to suffer to go at
large whithersoever he will.

Date

Mugistrate,
Montserrat. 26 Lunacy and Mental Treatment. No. 13 of 1956,

Form 13,
The Lunacy and Mental Treatment Ordinance, 1956.

Interim Order by a Magistrate after notice See, 28.
of appeal,
(This Order may be written at the foot af the Order
to which it relates)

Whereas the above-named D.E. has duly given notice of appeal
against the above order:

And Whereas under the circumstances of the case it appears to me
to be fit and proper to suspend the execution of the above order for the
time and subject to the condition herein after mentioned.

Now, therefore, I do order that the above order be suspended
until the appeal against it of the said D.E. is heard and determined or
is deemed to be abandoned: Provided that this suspension is subject to
the following condition, namely, that the said D.E. do reside with his
uncle P.K. in the village of , and in case the said
D.E. shall cease so to reside, this order of suspension shall become void,
and the above order shall revive and be of full force and effect.

Date
Magistrate.

Form 14.
The Lunacy and Mental Treatment Ordinance, 1956.

Order of Magistrate for Application of income Sec, 31.
of insane person’s real estate towards
his maintenance.

Colony of Montserrat.

Tn the matter of A.B, a person of unsound mind,

(Date)

Upon the application of S.L.C. it appearing to me
that A.B. has since the day of : been maintained,
and that he is still maintained at as a patient, and
that he is entitled to certain houses situate at
in the Colony, and now let to at rents amounting in

the aggregate to the sum of ($45) per annum, and that the total annual
value of such houses is less than $48, and that the said A.B. is possessed
of no other property; and it also appearing to me that the expenses of
the past maintenance and support of the said A.B. in the said

exceed the amount of the rents in arrear of the
said houses, and that the yearly expenses of his future maintenance and
support will exceed the yearly rents which will accrue to the said A.B.
No. 13 of 1956. Luncdey and Mental Treatment, 27 Monvserrat,

Now, therefore, I do order that the said rents in arrear be applied
in discharge of the past maintenance and support of him the said A.B.,
and that the said rents hereafter to accrue be applied in payment of the
expenses of the future maintenance and support of the said A.B, so long
as he lives and continues to be an inmate of the said ;

and I do declare that the said A.B. holds the said property and the right
to receive the said rents accrued, or hereafter to accrue, on trust to obey
this order, and accordingly I do order that the right to sue for and
recover the said rents in arrear and the rents that shall accrue, vest in
the said S.L.C. and any unapplied surplus in the hands of the said
3.L.C. upon the discharge of the said A.B. from the said

or upon his death is to be held upon trust for the said A.B, hig
executors, administrators and assigns,

Magistrate.

Form 15.
The Lunacy and Mental Treatment Ordinance, 1956.

Order for sale of insane person’s real estate, See. 32,
and application for proceeds for his
maintenance,

Colony of Montserrat.

In the matter of A.B., a person of unsound mind.

(Date)

Upon the application of . it appearing to me
Magistrate, that A.B. has since the day of
been maintained and he still is maintained in the
at as a (pauper) patient,

and that he is seised of an estate in fee simple in possession of one
undivided moiety of and ina certain cottage, and premises situate at:
to the other undivided moiety of which E.F., of
is entitled for an estate in fee simple in possession,
and that the value of the said undivided moiety of the said A.B. is less
than the sum of $480., and that the said A.B. is possessed of no other
property, and it also appearing to me that the expenses of the past
Maintenance and support of the said A.B. in the said
from the said day of ;
to the day of , amount to the sum of ($200).
And the said K.F. offering to purchase the said undivided moiety of the
said A.B. for the sum of ($400). And I being of opinion that the said
offer of the said E.F. is fair and reasonable, and that it is expedient to
accept the same, do order that the same be accepted and carried into
effect, and do declare that the said A.B. holds the said undivided
moiety upon trust to obey this order. And the said E.F. having paid
the sum of ($400) to the said S.L.C., and the said S.L.C. undertaking to
apply the sui of ($200), part thereof in payment of the expenses of
the past maintenance and support of the said A.B, from the suid
MONTSERRAT. 28 Lunacy and Mental Treatment. No. 13 of 1956.

day of to the said day of , and from time to time
to apply the sum of ($200) residue of the said sum of ($400) in or
towards the expenses of the maintenance and support of the gaid A.B.
from the last mentioned day, and upon the discharge from the said

or death of
the said A.B. to hold any nnapplied surplus in his hands upon trust for
the suid A.B. his executors, administrators, or assigns, IT de order that
the said undivided moiety of the said A.B. of and in the said cottage
and premises do vest in the said E.F. his heirs and assigns for all the
astate and interest which the suid A.B. has therein.

Magistrate.

Form 16.
The Lunacy and Mental Treatment Ordinance, 1956.

Application by a voluntary patient to the Sec. 39(1).
Administrator to secure his admission
to a mental hospital.

Colony of Montserrat.
To the Administrator of Montserrat.

I, the undersigned, do hereby request you to secure my admission,
as a voluntary patient, to a mental hospital and I hereby consent to my
removal from the Colony to the said hospital.

I undertake—

(4) to remain in the mental hospital until dnly discharged
unless I give notice of my intention to leave the same as required
by subsection (2) of section 39:

(6) to conform to the rules regulating the obligations, cenduct
and discipline of persons detained for treatment in the said
hogpital and to the terms of any Arrangement made under the
abovenamed Ordinance;

_ (ce) subject tommy right to leave the mental hospital at any time
on giving and at the expiration of, the required notice, not to leave
the said hospital without being discharged therefrom in accordance
with the terms of an Arrangement hereinbefore mentioned; and I
understand that if I leave the said hospital without being dis-
charged, as aforesaid, or without giving the required notice, I shall
be liable to be captured and returned thereto.
No. 13 of 1956.0 Litnary and Mental Treatment. 29 Moyrrsearar.

Form 17.
The Limacy and Mental Treatment Ordinance , 1956,

Form of application for reception of a Sec. 40(2).
temporary patient in mental hospital.

Colony of Montserrat.

‘To the Administrator of Montserrat.

1. I, hereby request you to take such steps as
may be necessary for the reception of as a temporary
patient into the mental hospital at for a period not
exceeding six months.

2. Tam related to the said in the following
manner:—

Or

I am a registered medical practitioner in the Colony. The said

is well known to me and I make this application

at the request of , Who is related to the said
in the following manner:—

O;

Tam not related to the said . The reasons
why this application is not made by a relative of the said
and my connection with him, and the cireumstanecs under which I
inake this application, are as follows:—

3. Annexed hereto is a recommendation for the temporary

treatmant of the said sigued by
(Signed)
Dated
To
Form 18.

he Linacy and Mental Treatment Ordinance, 1956.

Form of Recommendation for temporary Sec. 40(3)
treatment.
Colony of Montserrat.

Recominendation for the temporary treatment of
of
/

MONTSERKAT. 30) Lunecy and Mental Preaiment. No. 13 ef 1956.

I, of hereby declare that:—
1. Tama government medical officer in the Colony and I am not
the usual medical attendant of the abovenamed.

2. I examined th» said on the day of

*3. [have formed the conclusions stated below on the following
groands, viz:—

i, of hereby declare that:—

1. Tama registered medical practitioner in the Colony and am
(am not) the usual medical attendant of the abovenamed.

2. IT examined the abovementioned on the

day o .

*3. Ihave formed the conclusions stated below on the following
grounds, viz:



And we, the said and
further declare that:—
1. The said
(i) is suffering from mental illness;
(ii) is likely to benefit by temporary treatment:
(iii) is for the time being incapable of expressing himsclf as
willing or nnwilling to receive such treatment.

2. tis expedient with . view to the said *s
recovery that he should be received into for
a period not exceeding six months.

(Signed)
Medical Qualifications.

Date

(Signed)
Medical Qualifications.

Dale

‘A person in specifying the grounds on which his conclusions are based, must
carefully distinguish between statements of fact which are based upon his own
observations aud statements of fact which are hased upon communications
made to him by others.



ANTIGUA.
Pemted at the Government Printing Onice, Leeward Islands.
hy Wann Praorr, Actine Government Print t.—By Authority.
Laan,

M. 47/115—-500— 6.56, . [/719¢e 33 conts.]
No. 10 of 1956. Leprosy.

[L.8.]
I AssENt,
K. W. Brackzurne,
Governor.

5th June, 1956.
VIRGIN ISLANDS.
No. 10 of 1956, |

An Ordinance to make provision for the segrega-
tion and treatment of lepers for their
removal from the Colony to a leprosarium
outside the Colony and for other matters
incidental thereto and connected therewith.

[By Proclamation |

; ENACTED by the Legislature of the Virgin
Islands.

1. This Ordinance may be cited as the
Leprosy Ordinance, 1956.

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

‘alleged leprous patient” means a person
showing physical sigus, deformities,
or other stigmata usually associated
with leprosy and from which it may
reasonably be inferred that he is
suffering from leprosy;

“Arrangement”? means an Arrangement.
made under section 3;

“criminal lunatic” means a person detained
in custody by reason of his having been
charged with an offence, and cither
found to have been insane at the time
of such offence, or found or certified or
otherwise lawfully proved to be unfit
on the ground of his insanity to be tried
for the same, and includes a person
convicted of an offence and afterwards
certified or otherwise lawfully proved
to be insane;

VIRGIN
ISLANDS.

Comuinence-
ment,

Short title.

Interpreta-
tion,
VIRGIN
ISLANDS.

Power to Ad-
ministrator to
make Arrange-
nent with
Administrator
of Antigua.

Power to
Administra-
tor to order
removal of
leprous pa-
tient pursu-
ant to ar-
rangements,

Zz Leprosy. No. 10 of 1956.
“Form” means a Form in the First
Schedule;

‘“‘leprosarium”” means a leprosarium to
which leprous patients or voluntary
patients in the Colony may he admitted
by virtue of an Arrange oment;

“leprous patient”? means a person sullering
from any type of leprosy and certified
as such under the provisions of this
Ordinance;

“licensed lsprous patient”? means a leprous

patient to whom a licence has been
. issued vader subsection (1) of section 9:

‘public service vehicle” means «x motor
vehicle used for carrying passengers for
hire or reward, whether at separate and
distinet fares for their respective places
or not;

“Schedule” means Sehecdule to this Ordi-

nance;

“ section”? means section of this Ordinance;
“voluntary patient’? means a person de-
scribed in subsection (1) of section 8.

3. (1) The Administrator may on behalf
of the Colony enter ito an Arrangement with
the Administrator of Antigua upon sucn terms
and subject to such conditions as they may con-
sider appropriate for the reception and detention

in “and discharge from a leprosarium of any
Jeprous patient or voluntary patient in the
Colony.

(2) Any Arrangement made under this

section may be varied or revoked by a subsequent,
Arrangement.

4. Where under the provisions’ of subsec-
tion (1) an Arrangement has been made, the
Administrator nay by order ae his hand in
Form A direct the removal of any leprous patient
from the Colony to a leprosarium and such order
shall be sufficient authority for the removal of
Os

No. 10 of 1956. Leprosy.

sach leprous patient from the Colony, his con-
veyance to, and his reception and detention in,
the leprosarium, and in the event of his eseape
therefrom, his capture and return to the said
leprosarium

5. (1) Whenever a leprous patient or an
alleged leprous patient is an inmate of any
premises used for human habitation (not being a
leprosarium), the head of the familv to which
such inmate belongs, and in his default the
nearest relation of such inmate living on the
premises or being in attendance on such inmate,
and in default of any such relative the occupicr

of the premises, shall, as soon as he becomes |

aware that such inmate is a leprous patient or
shows signs from which if may reasonably be
inferred that he is suffering from leprosy, notify
a government medical officer accordingly.

(2) Every medical practitioner attending on
or called to visit a patient shall forthwith, on
hecoming xware that the patient is suffering from
leprosy or: ae suspected to be leprosy, send
to a vovernment medical officer a notification in
Porm > stating the names and surname, race, age
and sex of the patient, the address of the premises,
and the disease from which, in the opinion of such
medical practitioner, such patient is suffering or
suspected to be suffering. For every such notifica-
tion a fee of twenty- four cents shall be paid to the
medical practitioner out of publie funds.

(3) Every person who fails to comply with
any of the provisions of subsections (1) and (2) of
this section shall be liable on summary conviction
to # fine of twenty-four dollars,

(4) The expression “ oecupier” in this section
includes a person having the charge, management,
or control of any premises or of any part thereof
and in the case of a house, the whole or any part
of which is let to lodgers, the person receiving the
rent payable by the tenants or lodgers, either cn
his own account or as the agent of another, and
in the case of a ship, vessel or hoat, the master or
ether person for the time being in charge thereof,

VIRGIN
ISLANDS.

Notification
of leprosy.
VirGIN
ISLANDS.

Powers of
government
medical
officer to
examine
alleged
leprous
patients,

4 Leprosy. No. 10 of 1956

(5) The provisions of subsections (1) and (2)
of this section shall not apply in the case of a
leprous patient in whose case a perinit has been
issued under the provisions of subsection (1) of
section 9 and who duly complies with the conditions
thereof and with any regulations made under
paragraph (¢) of subsection (1) of section 29.

6. (1) Whenever a government medical
officer has reasonable cause to believe that any
person is a leprous patient or an alleged leprous
patient, it shall be lawful for such medical officer
to require in writing, such person to attend at a
specified place to be examined, or suel medical
officer may enter without previous notice and with
such attendance as be thinks expedient, the house
building or place in which such person is reported
to be, and examine such person with a view to
ascertaining whether he is suffering from leprosy.

(2) In the event of a government medical
officer being in any way obstructed when acting in
the exercise of the powers conferred upon him by
subsection (1) of this section or in the event of a
leprous patient or alleged leprous patient refusing
or failing to attend at any specified place to be
examined or refusing to be examined, it xhall be
lawful for the Magistrate on report made to him
by any such government medical officer aud after
enquiry to issue an order in Form C authorising
entry or examination, or both, and any person to
whom such order is exhibited and who refuses
admittance or obstructs or evades the examination,
as the case may be, shall be liable on summary
conviction to a fine of one hundred dollars and it
shajl be lawful for such government medieal officer
to have the leprous patient or alleged Jeprous
patient removed, by force if necessary, in the
custody of a constable or other person, to an hospital
or other suitable place, and temporarily detained
therein pending examination.

(3). If, after examining a person under the
provisions of subsection (1) or of subsection (2)
of this section, the government medical officer
is «f opinion that the person examined is a
leprous patient and that the leprous patient is
No. 10 of 1956. Leprosy. 5

living under conditions which are favourable to
the spread of leprosy to other persons, he may
cause such leprous patient to be removed, by
force if necessary, in the custody of a constable
or other person to an hospital or other suitable
place, and temporarily detained therein pending
the issue by the Administrator of an order for
his removal and detention in a leprosarium.

(4) No person shall, without the order of
a Magistrate, be temporarily detained under this
section for a period exceeding seven days :

Provided that a Magistrate, on application
made in writing or in person by the govern-
ment medical officer who ordered temporary
detention may, after enquiry, make an order in
Form D extending the aforesaid period of seven
days for the purpose of further examination or
observation of the alleged leprous patient or
pending the issue by the Administrator of an
order for his removal and detention in a lepro-
sarium.

7. Whenever a government medical officer
is of opinion that a person is a leprous patient
and should be detained in a leprosarium he shall
issue a certificate to that effect in Form It and
forward it to a Magistrate. On receiving such
certificate the Magistrate may, after enquiry,
issue a warrant in Form F ordering the deten-
tion of such leprous patient in an hospital or
-other suitable place, pending the issue by the
Administrator of an order for his removal and
detention in a leprosarium.

8. (1) Any person desirous of being admit-
ted into a leprosarium (hereinafter referred to as
a “voluntary patient’’) may make an applica-
tion to the Administrator in Form G.

(2) On the receipt of any such application
the Administrator shall forward it to a govern-
ment medical officer requesting him to examine
the voluntary patient and determine whether his
admission to a leprosarium is necessary and in the
interests of the community. If the government

VIRGIN
ISLANDS,

Detention in
leprosarium,

Voluntary
application
for admission
to lepro-
sarium,
VIRGIN
ISLANDS,

Leprous
patient not
detained in

leprosarium,

6 Leprosy. No. 10 of 1956.

medical officer is satisfied that a voluntary
patient ought to be admitted to a leprosarium
he shall infor rm the Administrator accordingly
and the Administrator shall take steps to secure
the voluntary patient’s admission to a lepro-
garium. .

(8) Where under this section the Adminis-
trator has taken such steps as may be required
to secure a voluntary patient's admission to a
leprosarium, such patient shall be deemed to
have consented to his removal from the Colony
to the leprosarium and shall undertake to remain
therein until discharged in accordance with the
provisions of an Arrangement to conform to
the rules regulating the obligations, conduct and
discipline of patients detained in the leprosarium
and not toleave the said leprosarium without beine
discharged as aforesaid.

(4) Such voluntary patient, after his reception
into a leprosarium, shall net, unless discharged in
accordance with the terms of an Arrangement be’
entitled to leave such leprosariai, and, in case of
leaving without being discharged as aforesaid, wav
be captured and reconveyed heres in Aonoba nC
with the terms of the said Arrangement.

Where a voluntary patient refuses to leave
the Colony after the Administrator has taken such
steps as may be required for his reception and
detention in a Os nh the Administrator may
issue an order under his hand in Form H oe
any constable to remove the said patient from th
on and deliver him to the leprosarium in

respect of which the voluntary patient has applied
for admission.

9.. (1) Whenever a government medical officer
decides that a person, although a leprous patient
need not, subject to certain conditions and restric-
tions, reside within a leprosarinm, he shall issue
a permit in duplicate in Form J specifying the
conditions and _ restrictions subject to which the
leprous patient (hereinafter called a “licensed
jeprous patient’) may be allowed to reside in any
premises in the Colony:
No. 10 of 1956, Leprosy, 7

Provided that any such permit may be
revoked or from time to time varied by the govern-
ment medical officer who issued it.

(2) One copy of any permit issued under sub-
section (1) of this section shall'be delivered by the
government medical officer to the licensed leprous
patient named therein, and a copy shall be kept on
record in the medical department of the Colony :

Provided that in cuse of revocation or vari-
ation of any such permit, written notice of such
revocation Gr any such variation shall be delivered
to the lecused leprous patient and a copy kept on
record as provided by this subsection.

10. ft shall be lawful for the Magistrate on
complaint upon oath of any credible witness that
any leprous patient or alleged leprons patient has
been wandering about begeing or collecting alms,
or secking precarious support, or exposing his
leprosy in any public road, street, or place, to order
such paticnt to appear before a government medical
officer, and, if he thinks it necessary, such Magis-
trate Inay, acter enquiry, issue a warrant under his
hand in Form K. directing any constable to cause
such leprous patient or alleged Jeprous patient to be
brought for examination by a government medical
officer at a t'me and place to be specified in such
warrant.

11. Por the purposes of any enquiry made
by a Magistrate under the provisions of sections 6,
‘T, or 10, the Magistrate shall have the same pow-
ers as if the leprous patient or alleged leprous
patient were. @ person against whom a complaint
for a summary offence has been laid:

Provided that the Magistrate may, if he thinks
fit, proceed with such enquiry in the absence of the
leprous patient or alleged leprons patient, and
without proof of the service of any summons or
other notification upon sueh patient (except that
in the case of an enquiry under section 7 such
patient shall be given an opportunity of being
present if he so desires):

Provided further that such enquiry shall not

VIRGIN
ISLANDS.

Powers of
Magistrate
with regard
to leprous
patients
wandering,
ete.

Enquiry by
Magistrate.
VIRGIN
ISLANDS.

Leprous
patient
oharged with
offence or
nndergoing
imprison-
ment,

32 & 3Â¥ Vict.
¢. 10.

Leprous
patient who
is a criminal
lunatic.

47 & 48 Vict.
ce. 31,

Prohibition
of certain
callings to
leprous
patients,

8 Leprosy. No. 10 of 1956.
be conducted in court and may be conducted in
such place as the Magistrate may deem suitable.

12. (1) Whenever a leprous patient is
brought before any court charged with any offence
and ix remanded in custody, such court may order
that, the said patient be detained in a hospital, or
other place where he can be suitably isolated
during the period of remand.

(2) If a leprous patient under sentence of
imprisonment is removed from the Colony under

_the provisions of the Prisoners Kemovul Act, 1869,

he shall if he is not fit for discharge from the
leprosarium on the expiration of his sentence of
imprisonment continue to be detained therein but
shall be treated as an ordinary leprous patient.

18. Whenever a leprous patient who is also
a criminal lunatic is removed from the Colony in
accordance with the provisions of the Colonial
Prisoners Removal Act, 1884, he may be confined
in « leprosariumn, and if the said leprous patient is
under sentence of imprisonment the time during
which he is detained in a leprosarium shall be
reckoned in accordance with the Prison Rules from
time to time in force as if such detention had been
in prison:

Provided further that if at the expiration of
the period of imprisonment such leprous patient
is found to be no longer insane he shall continue
to be detained in the leprosarium as an ordinary
leprous patient.

14. (1) No licensed leprous patient shall
carry on any of the trades or callings specified in
the Second Schedule and the Administrator may,
by proclamation, vary or alter such Schedule from
time to time.

(2) Any licensed leprous patient who shall
carry on any trade or calling as aforesaid, and any
person who shall knowingly employ any such
licensed leprous patient in any such trade or calling,
shall be liable on summary conviction to a fine of

fifty:dollars.
No. 10 of 1956, Leprosy. 9
15. Any person knowing that he is suffering
from leprosy who enters any hotel, boarding-house,
lodging house, shop (where food or drink is sold),
public service vehicle or public bath, and the pro-
prietor or person tor the time being in charge of any
hotel or other place or vehicle aforesaid, who shall
knowingly sallow any leprous patient to enter the
same shall ba liable on summary conviction to a fine
of one hundred dollars and any leprous patient who
refuses to comply when being forbidden eutry into
orasked to leave any place or vehicle aforesaid may
be arrested without warrant by any person and taken
immediately to the nearest police station:

‘Provided that when a leprous patient is in
actual possession of a valid permit issued under the
provisions of subsection (1) of section 9 allowing
him to do any of the acts enumerated above the
provisions of this section shall not apply.

16.

If a licensed leprous patient—

(a) prepares or handles any article of
food or drink intended for consumption by any
member of the public; or

(6) sells, exposes, or offers for sale, any
article of food or drink,

fine

he shall be liable on summary conviction to 2
of one hundred dollars.

17. Any person who sells, exchanges or gives
away any article of food or drink which to hts
knowledge, has been prepared or handled. by a
licensed leprous patient, or with which a licensed
leprous patient has come in contact, shall be liable
on summary conviction to a fine of one hundred

dollars:

Provided that the provisions of this section
shall not apply in respect of sales, exchanges and
gifts or articles of food or drinks as between
licensed leprous patients.

18. Any person who knowingly purchases or
receives from any licensed leprous patient any
articles of whatsoever nature shall be liable on sum-

VIRGIN
ISLANDS.

Leprous

patients using
public service
vehicles, etc,

Preparation
of food by
leprous
patient,

Sale, ete. of
food prepared
hy leprous”
patient.

Obtaining
articles from
licensed
leprous
patients,
VIRGIN
ISLANDS,

Cleansing anc
disinfecting
of premises,

10 Leprosy. No. 10 of 1956.

mary convicuon ton fine of Gfty dollars or to
Mnprisonment for one month,

19. (1) Where a government medical officer
is satisfied that the cleansing and disinfection of any
premises, and the disinfection or destruction of any
articles therein likely to retain infection, would tend
to prevent the spread of leprosy, the government
medical officer shall give notice to the occupier of
the premises that he will at the occupier’s cost
cleanse and disinfect the premises and disinfect, or,
as the case may require, destroy any such articles
therein unless, within twenty-four hours after the
receipt of the notice, the occupier informs the
government medical officer that within the time
fixed in the notice the occupier will take such steps
as are specified therein.

(2) Tf within twenty-four’ hours after the
receipt of the notice the person to whom it is given
does not inform the government medical officer as
aforesuid, or if, having so informed the government

_ medical officer, he fails to take such steps as afore-

said to the satisfaction of the said government
medical officer within the time fixed in the notice
the government medical officer may cause the
premises to be cleansed and disinfected and the
articles to be disinfected or destroyed, as the case
may require, and may, if he think fit, recover from
such person the expenses reasonably incurred by
the government medical officer in so doing.

(3) For the purpose of carrying into effect
this section, a government medical officer may enter
by day on any premises.

(4) Where the occupier of any premises is in
the opinion of a government medical officer unable
effectively to take such steps as he considers
necessary, he may, without giving such notice as
aforesaid but with the consent, take the required
steps and the cost thereof shall be a charge on
public funds,
No. 10 of 1956. Leprosy. li

(5) Where a sovernment medical officer has
under this section article, or destroyed any article, he muy, if he
think fit, pay compensation to any person who has
suffered damage by his action.

(6) For the purposes of this section, the
owner of unoecupied premises shall be deemed to
be in oceupation thereof.

20. A person who ceases to occupy a house,
or part of a house, in which to his knowledge any
person has, within six months previously, been
suffering from leprosy, and who does not have it
and all articles therein liable to retain infection
disinfected to the satisfaction, as certified by him,
of a government medical officer or does not first
give to the owner of such house, or part of 1 house,
notice of the previous existence of such disease,
shall be liable on stmmmary convietion to a fine of
one hundred dollars or to imprisonment for three
months.

21. Any person who knowingly lets for hire
any house, room, or part of a honse in which a
leprous patient has resided, without having such
house, room, or part of a house and all articles
therein liable to retain infcetion, disinfected, treated,
or otherwise disposed of to the satisfaction of a
eovernment medical officer as testified by a
certificate signed by such medical officer, shall be
liable on summary conviction to a fine of one
hundred dollars, and for the purpose of this section
the propricter or person for the time being in charge
of a hotel, boarding house, or lodging house shall
be deemed to let for hire part of a house to any
person admitted asa guest into such hotel, boarding
house or lodging house.

y

22. (1) A person shall not send or take to
any laundry or public wash-hovse for the purpose
of being washed, or to any place for the purpose
of being cleaned, any article which he knows to
have been in contact with a leprous patient, uniess
that article has been disinfected by, or to the
satisfaction of & government medical officer, or is

7

sent with proper precautions toa laundry for the

VIRGIN
ISLANDS.

Liability of
outgoing
occupiers to
tlisinfect
house or To
give notice
bo owner,

Letting
infected
premises.

Infected
article not
to be sent to
laundry or
to cleaners,
VIRGIN 12 Leprosy. No. 10 of 1956.
ISLANDS.

purpose of disinfection with notice that it has
been exposed to infection.

(2) The occupier of any house in which a
person is suffering from leprosy shall, if required
by a government medical officer, furnish to him the
address cf any laundry, wash-house, or other place
to which articles from the house have been, or will
be, sent during the continuance of the disease for
the purpose of being washed or cleaned.

(3) A person who contravenes, or fails to
comply with, any provision of this section shall be
liable on summary conviction to a fine of fifty

dollars.
Provisions as 23. (1) A person who knows that he is
ae suffering from leprosy shall not take aay bvok,

or cause any book to be taken for his use, or use
any book taken from any public or circulating
library.

(2) No person shall permit any book which
has been taken from a public or circulating library,
and is under his control, to be used by any person
whom he knows to be suffering from leprosy.

(3) No person shall return to any public or
circulating library a book which he knows to have
been handled by a leprous patient, or permit any
such book which is under his contre! to be so
returned, but shall give notice to a government

medical officer that the book has been a6 handled.

(4) A person who contravenes any of the
foregoing provisions of this section shall be lable
on summary conviction to a fine of fifty dollars.

(5) A government medical officer on receiving
such notice as aforesaid shall cause the book to be
disinfected and returned to the library, or shall
cause it to be destroyed and the provisions of sub-
section (5) of section 19 with regard to payment
of compensation shall apply mutatis mutandis in
case the book is destroyed or damaged.
No. 10 of 1956. Leprosy. 13

24. (1) If any leprous patient is conveyed
in any public service vehicle, the person in charge
thereof shall, as soon as practicable, give notice to a
government “edie al officer, and, before permitting
any other person to enter the vehicle, cause it to
be disinfected. Any person who contravenes, or
fails to comply with any of the provisions of this
subsection shall be liable on summary conviction
to a fine of fifty dollars.

(2) The owner, driver or conductor of a public
service vehicle may recover by action before the
competent court from any leprous patient conveyed
in such vehicle, or from the person causing that
patient to be so conveyed, a sufficient sum to cover
any loss and expense incurred by him.

(3) When so requested by the person in charge
of a public service vehicle in which a leprous
patient has been conveved, a government medical
officer shall provide for its disinfection, and shall
make no charge in respect thereof except in a case
where the owner, driver or conductor conveyed a
person knowing that he was suffering from leprosy.

25. (1) In any proceeding before any
court or magistrate a person shall not be deemed to
be a leprous patient except on the evidence or
certificate of a government medical officer.

(2) The certificate in writing of a government
medical officer shall be admissible as evidence
under this section unless the court or magistrate
shall otherwise direct.

26. Whenever a leprous patient or other
person is charged with an SECUes under any of the
following sectious 20, 21, 22, 28 or 24 such patient
or person shall be acquitted if he establishes that
a government medical officer certified that the
leprous patient concerned suffers from a type of
leprosy which is not communicable.

27. Any person who does anything in
pursuance of this Ordinance shall not be liable to
any civil or criminal proceedings if he has acted
in good faith and with reasonable care,

VIRGIN
ISLANDS.

Duty of owner
of public
service
vehicle.

Evidence
required to
prove leprosy.

Cases in
which no
offence is
committed.

Protection of
persons acting
in good faith
with reason-
able oare,
VIRGIN
ISLANDS.

Obstructing
Government
medical
officer.



Power to
make regula-
tions,

Revocation

of declaration
aud repeal.
3/1911.

Commence-
ment.

of May,

14 Leprosy. No. 10 of 1956.

28. Any pervon obstrueting or molesting
a government medical officer or anv constable or
aie person in the exereise of his powers and
duties under this Ordinance shal], save as otherwise
specially provided, be liable on summary convic-
tion to a fine of fifty dollars or to imprisonment
for one month.

29. The Governor in Council mav make
reculations iv respect of all or any of the following
matters —

(«) the furms of the certificates, orders
and other documents to be used Wder this
Ordinance:

(6) the examination of — veluntary
patients, leprous patients or alleged leprous
patents: .

(¢) the condiuons and restrictions under
ands subject to which leprous patients may
continue te reside in private dwelling-houses
outside a leprosarium;

(d) the measnres te
treatinent disposal of
effects of leprous patients:

(e) the disinfection of premises inhabited
or lately oeeupicd by a leprous patient, and
the disinfection of any public place or public
serviee vehicle in whieh a leprous patient has
recently been:

(7) generally tor carrying
the provisions of this Ordinance,

B80. The declaration embodied in section 2
of the Lepers (General Legislature Competency)
Ordinance, A Li, ous hereby revoked and the said

Ordinance us hereby repealed,

Sl. This Ordinance shall come into opera-
tion ona date to be appointed hy the Governor by
Proclamation published in the Glazetic.

R.A,

taken as to the
other

de
clothing and

into effect

EVELYN,
President.

Passed the Legusiative Council this 25th day
19AG,

H. OG. C REQUE:,

Clerk of the Cia.
No. 10 of 1956. Leis. 15 VIRGIN

ISLANDS.
FIRST SCHEDULE.
Form A.
Che Leprosy Ordinance, 1956.
Sec. ‘A.

Grper py ADMINISTRATOR FOR REMOVAL OF
Lernous Patient tro a LEPROSARIUM.

Conoxy or tHE Virgin IsLtanps.

To all constables in the Colony
and
To the officer in charge of the leprosarium in

WHIERIGAS the medical certificate hereto annexed and
signed bv Dr. a government medical officer
in the Colony i is to the effect that
is a leprous patient and a proper subject of confinement in a
leprosarium.

NOW, THEREFORE, t do hereby order and command
you the said const: ables to remove the said
from the Colony and convey him to the leprosarium in

and there deliver him into the custody of the officer in charge
of the said leprosarium.

{ND you the officer in charge of the leprosarium
aforesaid are hereby nuthorixed to receive and detain the
snid in the said leprosarium until he is dis-
charged therefrom in accordance with the provisions of the
abovementioned Ordinance and any Arrangement made there-
under, ard in the event of the said escaping from
the said le epresurium hin to capture and reconvey to the said
leprosarium there to be det: ined until discharged as aforesaid.

-
e

AND for such removal from the Colony, conveyance to,
and reception and detention in, the leprosarium, or capture
and reconvevance, as the case may be, thiy shall be your
sufficient authority.

Date.

Administrator.
VIRGIN 16 Leprosy. No. 10 of 1956
ISLANDS.

Foru 2B.

The Leprosy Ordinance, 1956.
Sec. 5 (2).
NoTIFICATION BY REGISTERED MEDICAL
PRACTITIONER,

CoLony or THE Virgin Isianps.

To a government medical officer in
the eonmny< of the Virgin Islands.

I, being a registered medical
practitioner in the Colony atoresaid, hereby notify yon that
of (sex)
(race), and aged is suffering from leprosy
(or a disease suspected to be leprosy).

Date.
Signature
Medical qualifications
Address.

Form C.
The Leprosy Ordinance, 1956.
See. 6 (2)
Orprer By MAGISTRATE AUTHORISING ENTRY
OR EXAMINATION.
Conoxny oF THUR Virgin Iscanns.

To the government medical officer of

Dr.
WHEREAS on the day of 19 , a report
was made to me by Dr. government medical
officer, of , to the effect that he was

obstructed in the exercise of the powers conferred upon him
by subsections (1) and (2) of section 6 of the Leprosy
Ordinance, 1956 when trying to examine one

at premises situate at (or that

a leprous patient /an alleged leprous patient hax refused +
attend at a specified place to be examined or has refused to be
examined) ;

ANID WHEREAS after enquiry [ am satisfied of the
correctness of such report. This is to order all whom it may
concern to allow the said Dr, accompanied by
No. 10 of 1956. Leprosy. 17 VIRGIN
ISLANDS.
to enter at any time any premises in which
the said leprous patient (or alleged leprous patient) may be
found and to examine the said patient, and I further order
the said le prous patient (or alleged leprous patient) to allow
himself to be examined by the said Dr.

Date °
Matstrate.
; Form D.
The Leprosy Ordinance, 1936.
dec. 6 (4)
ORDER OF MAGISTRATE EXTENDING
PERIOD OF DETENTION.
Cotony or tug VirGin IsLanps.
To
WHEREAS on the day of application
was made to me by Dr. , that it is necessary
that , & leprous patient /an alleged
leprous patient, be detained at
for a further period of days for the purpose of

examination* or pending the issue of an order for his removal
to and detention in a leprosarium*; And Whereas I have
made enquiry:

This is to order and authorise to keep the
said leprous patient (or alleged leprous patient) under
detention at for a further period of

days from and including the day of

Date

Signature of Magistrate.

*Delete words not applicable.

Form E. -
The Leprosy Ordinance, 1956,
Sec. 7.
CERTIFICATE OF GOVERNMENT MEDICAL
OFFICER.

CoLony or THE VirGiIn IsLANps.

This is to certify that of |
suffers from the type of leprosy known as
and that it is necessary that the said
be detained in a leprosarium.
Date
Signature of government medical officer.
VIRGIN 18 Leprosy. No. 10 of 1956.
ISLANDS, : ‘

Form F.

The Lenrosy Ordinance, 1956,

See, 7
WakRANT OF DETENTION IN HOSPITAL OR
OTHER SUITABLE PLACE PENDING ORDER
OF REMOVAL ‘CO LEPROSARIUM,
CoLoNy oF THE Virain ISLANDS.
To the medical officer in charge of hospital.
WHEREAS the ime lieal certificate hereto annexed signed
by Dr. a government medical officer is to
the effect that is « leprous patient and a

proper subject of confinement in a leprosarium;
Now, therefore, | do hereby adjudge the said
to be a leprous patient and do hereby order and
authorise you and any constable or person acting under
your orders to remove the said
to...... ee Pee ee eee eee eee ee eee re ere ere
(here state hospital or other suitable place)
and detain him thereat pending the issue by the Administrator
of an order for his renioval to a leprosartum.
Date
Srynature of Magistrate.

Forw G

The Leprosy Ordinance, 1956,
Sec. 8 (1)
APPLICATION BY A VOLUNTARY PATIENT
TO THE ADMINISTRATOR TO SECURE HIS
ADMISSION TO A LEPROSARIUM.

CoLoxy or run Viren [SLanps.
To the Administrator of the Virgin Islands,

I, the undersigned, do hereby request you to take such
steps 3 miay be reeessary to secure my admission to a
Jeprosarium in Antigua and i hereby consent to my removal
from the Colony to the leprosarium aforesaid,

I undertake—

(a) to remain therein until duly discharged and to
conform to the rules regulating the obligations, conduct
and discipline of patients detained in the leprosarium and
to the terms of any Arrangement made under the above-
mentioned Ordinance;
No. 10 of 1956. Leprosy. 19 VirGIN
‘ ISLANDS.

(b) not to leave the leprosarium antl discharged in
accordance with the provisions of the suid Arrangement
and L understand that if I leave the said leprosarium
without being discharged as aforesaid, I shall be liable to
be captured and returned thereto.

Date
Signature of Applicant.

Witness to Signature.

form H.

The Leprosy Ordinance, 1956.
Sec. 8 (5)
Orper By ADMINISTRATOR WHERE VOLUNTARY
PATIENT REFUSES TO GO TO LEPROSARIUM.

‘oLONY OF THE ViRGIN ISLANDS.

To all Constables.

WHEREAS by his application dated
requested me to take steps to secure
his admission to a leprosarium;

AND WHEREAS I have taken the required steps to

secure the admission of the said to a
leprosarium 4s requested by him:
AND WHEREAS the said refuses

to leave the Colony in order to be admitted to the leprosarium
aforesaid.

NOW THEREFORE I hereby authorise you to remove
the said from the Colony to the leprosarium
at there to be detained until discharged
in accordance with the provisions of any Arrangement made
under the abovementioned Ordinance.

Date.
Administrator.
VircIN 0 Leprosy. No. 10 of 1956.
ISLANDS.

Form J.

The Leprosy Ordinance, 1956.
Sec. 9 (1)
PERMIT TO LEPROUS PATIENT TO RESIDE
OUTSIDE LEPROSARIUM

CoLony or THE Virain IsLANps.

I, 4 government medical officer

in the Colony of the Virgin Islands, do hereby certify that.
is a leprous patient suffering from the type of

leprosy known as , and being of the
opinion that the suid need not reside
within a leprosarium, hereby allow the said
to reside in premises in the Colony on condition that he (or she)
shall strictly comply with the following conditions:—

and shall not carry on any of the trades or callings specified in
the Second Schedule.
Date.
Government medical officer.

Form K.

The Leprosy Ordinance, 1956.
Sec, 10
WARRANT TO ARREST LEPROUS PATIENT OR
ALLEGED LEPROUS PATIENT WANDERING ABOUT.
CoLony or THE VircGiIn Isuanps.

To all Constables.
WHEREAS complaint upon oath was on the day of
made by to the effect
that being * a leprous patient/an alleged
leprous patient has been seen wandering about begging or
collecting alms, or seeking precarious support, or exposing his
leprosy ina public road, street or place ;*
AND WHEREAS I have made enquiry and ain satistied
of the correctness of such complaint:
_ This is to order you to take the said

in your custody and bring him to on the
day of there to be examined bya
government medical officer.
Date

Signature of Magistrate,
* Delete words not applicable.
No. 10 of 1956. Leprosy. 21 VIRGIN

ISLANDS.
SECON) SCHEDULE. Sec. 14 (1)
Baker
Butcher
lee Cream Vendor
(treengrocer

Market Gardener

Cuok, or any trade or calling in which the person employed
handles or comes in contact with articles of food or
drink, drugs, medicines, or tobacco in any form.

Fishmonger

Washer

Bootmaker

Tailor, or any trade or calling in which the person
employed manufactures, handles, or comes in contact
with wearing apparel.

Barber, or any other similar trade or calling in which the
person employed necessarily comes in contact with
other persons.

lJomestic servant.

Nurse

Waiter

Steward

Barman

Driver or conductor of any public service vehicle

Dairy man, or any other situation or calling in which the
person employed comes in contact with cows or other
animals kept for the purpose of furnishing milk.

Boatman on any boat licensed for the conveyance of
passengers or cargo.

Sailor

Hawker

Huckster

Vanman

. Schoolmaster

Teacher

ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by Earn Picort, Acting Government Priater.—By Authority.
1956.

51/90 —590—6.56. Price 24 cents.
LEEWARD ISLANDS.

GENERAL GOVERNMENT.



STATUTORY RULES AND ORDERS.
1956, No. 25.

PROCLAMATION DATED JUNE 20, 1956, BRINGING INTO
OPERATION THE GoverNoR’s EMOLUMENTS (AMEND-
MENT) Act, 1956 (No. 11/1956).



BY THE GOVERNOR OF THE
LEEWARD ISLANDS.
A PROCLAMATION.
P. D. Macpona.p,
Governor's Deputy.

WHEREAS by section 28 of the Leeward Islands Act,
1871, it is provided that a Bill reserved for the signification of
Her Majesty’s pleasure shall take effect so soon as Her Majesty
shull have given her assent to the same by Order in Council,
and the Governor shall have signified such arsent by message
to the Council or by proclamation :

AND WHEREAS the Governor has reserved for Her
Majesty’s pleasure thereon « Bill passed by the General Legis-
lative Council on the 27th day of January, 1956, entitled
“he Governor’s Emoluments (Amendment) Act, 1956”:

AND WHEREAS Her Majesty, with the advice of Her
Majesty’s Privy Council, has by Order made in the month
of June, 1956, declared her assent to the said Bill.

NOW, THEREFORE, J, Patrick Donarp Macponatp,
2 Companion of the Most Distinguished Order of Saint
Michael and St. George, Governor's Deputy in and over the
Colony of the Leeward Islands, do by this my proclamation
declare that Her Majesty has by Order in Council made in the
month of June, 1956, assented to the Governor’s Emoluments
(Amendment) Act, 1956, und that the said Act shall take effect
as and from the Ist day of January, 1955,

GIVEN at the Government Housr, Antigua, this
20th day of June, 1956, and in the fifth year
of Her Majesty’s reign.

GOD SAVE THE QUEEN!



ANTIGUA
Printed at the Government Printing Office. Leeward Islands,
by Ear Picotr, Acting Government Printer— Hy Authority.
195

47/00235—480—6.56. Price 3 cents.
LEEWARD ISLANDS.

ANTIGUA. .



STATUTORY RULES AND ORDERS.
1956, No. 25.

Proclamation dated June 18, 1956, bringing into operation
the Education Ordinance, 1956 (No. 11 of 1956).

BY THE: GOVERNOR.

A PROCLAMATION.

Auec LovELacg,
Administrator.

WHEREAS by section 84 of the Education Ordinance,
1956 (No. 11 of 1956) it is provided that the said Ordi-
nance shall come into operation on a date to be appointed by
the Governor by Proclamation to he published in the (Gazette.

NOW, THEREFORE, I, Axec Loveracr, a Member
of the Most Excellent Order of the British Empire, Adminis-
trator of the Presidency of Antigua, do by this my Proclama-
tion declare that the said Ordinance shall come into operation
on the 30th day of June, 1956.

AND all Her Majesty’s loving subjects in the Presidency
of Antigua and all others whom it may concern are hereby
required to take due notice hereof and to give their ready
obedience accordingly.

GIVEN at the Administrator's Office, Antiywa, this
18th day of June, 1956, in the fifth year of Her
Majesty’s reign.

GOD SAVE THE QUEEN !

ANTIGUOA.
Printed at the Government Printing Office. Leeward Islands
hy EArt Pigott, Acting Government Printer.—By Authority.
1956.

A. 47/125—TI—480—6.56. ; Price 3 cents.
LEEWARD ISLANDS.

ANTIGUA.

STATUTORY RULES AND ORDERS.

1956, No. 26.

PROCLAMATION DATED JUNE 19, 1956, APPOINTING THE MONTH
AND YEAR FOR THE PUBLICATION OF Novick TO PERSONS
ENTITLED TO VOTE AT AN ELECTION IN THE PRESIDENCY.

BY THE ADMINISTRATOR OF ANTIGUA.

A PROCLAMATION.

Arc Loveracn,
Administrator.

WHEREAS by subsection (1) of section 43 of the Antigua
Constitution and Elections Ordinance, 1951, (No. 10/1951) as
amended by the Antigua Constitution and Elections, (fxtension
of Time) Ordinance, 1956, (No. 21/1956) it is provided that
the Supervisor of Elections shall in such month in such years
as the Administrator by proclamation may appoint and in no
case being more than five years after the date of the return of
the first writ at the last preceding general election publish in
the Gazette und in one or more newspapers published in the
Presidency a notice, in the form set out as Form No. J in the
Second Schedule to the said Ordinance requiring within twenty
one days after the first publication thereof every person who
claims to be entitled to vote at an election to deliver to the
registering officer of the polling division of the electoral district
in which such person resides notice of his claim to be registered
ts @& voter:

AND WHEREAS [ think it expedient to appoint June
1956 as the month and year in which the Supervisor of
Hlections shall comply with the provisions of the suid subsection
(1) of section 43 of the said Ordinance,
2

NOW THEREFORE, I do by this my proclamation
appoint the month of June and the year 1956 as the month and
year in which the notice required by subsection (1) of section
43 of the Antigua Constitution and Elections Ordinance, 1951,
as amended as aforesaid, shall be published.

GIVEN under my hand at the Administrator’s Office,
Antiyua, this 19th day of June, 1956 and
in the fifth year of Her Majesty’s reign.

GOD SAVE THE QUEEN |



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by Eart Piaorr, Acting Government Printer.—By Authority
1966
A. 47/76—480—6.56. Price 4 cents,
LEEWARD ISLANDS.

MONTSERRAT.

STATUTORY RULES AND ORDERS.
1956, No. 14.

PROCLAMATION DATED JuNE 8, 1956, BRINGING INTO OPERA-
yion THE Lunacy Anb Mrnrat TREATMENT ORDINANCE
1956 (No. 13 of 1956).

BY THE GOVERNOR.
A PROCLAMATION.
QO. E. Henry,

Acting Commissioner.

WHEREAS by section 46 of the Lunacy and Mental
Treatment Ordinance, 1956 (No. 13 of 1956) it is provided
that the said Ordinance shall come into operation on a day to
be appointed by the Governor by proclamation published in
the Grazetie:

NOW THEREFORE, I, Oscar Erue rserr Henry,
Acting Commissioner of the Presidency of Montserrat, do by
this my proclamation declare that the said Ordinance shall
come into operation on the Ist day of July, 1956.

AND, all Her Majesty’s loving subjects in the Presidency
of Montserrat and all those whom it may concern are hereby
required to take due notice hereof and to give their ready
obedience according! y.

GIVEN at the Commissioner's Office, Montserrat,
this Sth day of June, 1956, in the fifth year
of Her Majesty’s reign.

GOD SAVE THE QUEEN !

ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by Earn Prcorr, Acting Government Printer.._Ky Authority.
1956.

M. 47/116—480—6.56. Price 3 cents.


LEEWARD ISLANDS.

MONTSERRAT.

STATUTORY RULES AND ORDERS.
1956, No. 16.

PROCLAMATION DATED 18TH JoNE, 1956, pectanine Mownpay,
THE 2ND JvLy, 1956, a Pusric Hoiinay In MonTsERRAT
TO COMMEMORATE THE CONSTITUTION OF THE PRESIDENCY
or MONTSERRAT AS A SEPARATE COLONY.

BY THE ACTING COMMISSIONER OF
THE PRESIDENCY OF MONTSERRAT.

A PROCLAMATION.
O. E. Heyry,

Acting Commassioner.

WHEREAS it is provided by section 6 of the Public
Holidays Act, 1954 (No. 19 of 1954) that it shall be lawful
for the Governor from time to time with the advice of the
Executive Council of a Presidency to issue a Proclamation
appointing a special day or part of a day to he reserved as a
public holiday in such Presidency :

AND WHEREAS by section 9 of the said Act it is
provided that for the purposes of sections 6 and 8 of the said
Act the expression “ Governor” shall meari_ the Officer for the
time being administering the Government of a Presidency:

AND WHEREAS it is further provided by section 9 of
the Leeward Islands (Miscellancous Provisions) Order in
Council, 1956 (Imp.) that save as otherwise provided by or
under the said Order, nothing in the Order shall affect the
validity or future operation of anything done by any person or
authority in the Leeward Islands before the appointed day:

AND WHEREAS the first day of July, 1956 is by the
said Order appointed for the purposes of the Leeward Islands
Act, 1955 (4 & 5 Eliz. 2 ch. 23) which constitutes the Presi-
dencies of the Leeward Islands separate colonies: ;
a
oa)

NOW THEREFORE, I, Oscar Eruriaerr Henry, the
Otficer for the time being administering the Government of the
Presidency of Montserrat, in exercise of the powers vested in
me by the said Public Holidays Act, 1954, and otherwise, and
with the advice of the Executive Council of the said Presidency,
do hereby appoint Monday the 2nd day of July, 1956, as a
special day to be reserved as a Public Holiday in the said
Presidency, under and in accordance with the said Public
Holidays Act, 1954 to commemorate the constitution of the
said Presidency of Montserrat as a separate colony, and | do
by this my Proclamation command the said day to be so
reserved and kept.

AND all Her Majesty’s loving subjects in the said Presi-
dency and all others whoin it may concern are hereby required
to take due notice hereof and to govern themselves accordingly.

GIVEN under my hand at the Commissioner's
Ofiee at Montserrat this 18th dav of June 1956
and in the fifth year of Her Majesty’s reign.

GOD SAVE THE QUEEN |

ANTICUA
Printed at the Government Printing OMce, Leeward Islands,
by Khan. Proorr, Acting Government Printer.—By Authority.
1956,

47/00058—H —480—6.56. Price & conts,
aT

cEWARD ISLANDS
MONTSERRAT

STATUTORY RULES AND ORDERS.
1856 No. 17

PRISON

RULES MADE BY THE GOVERNOR IN COUNCIL UNDER THE AUTHORITY

co 28 OF THE PRISONS ORDINANCE, 1955 (No. 10 of
5).

PART I.
PRELIMINARY.



1. Short Title. These rules may be cited as the Prison
Rutes, 1956.

2. Interpretation. In these Rules unless the context
otherwise requires—

7 appellant ” has the same meaning ‘as in the Windward
islands and Leeward Isiands Court of Appeal Rules,
1940 S.R, & O. 1940 No. 26) ;

“Juvenile prisoners’? means prisoners under sixteen
years O: age;

“ Keeoer ’? means the Keeper of the priscn appointed ur-
der section 7 cf the Ordinance ;

“ prison”, “prisoner” have respectively the same mean-
ings as are assigned to them in the Ordinance ;

‘prison officer”? means an officer appointed by virtue of
sub subsections (1) and (2) cf section 7 of the
Ordinance ;

“ subordinate officer ”’ means any prison officer other than
the Keeper and the Prison Medical Officer;

“the Ordinance” means the Prison Ordinance, 1955,
(No. 10 of 1955) ;

“Visiting Committee” means the Visiting Committee
appcinted under rute 3 of these Rules;
2

PART II

VISITING COMMITTEE.

3. (1) The Governor shall appoint not less than three and
not more than five Justices cf the Peace of the Presidency to
be a Visiting Committee of a prison.

(2) The Chairman of the Visiting Committee shall
be appointed by the Governor and shall preside at all meetings
of the Visiting Committee but in his absence the members of
the Visiting Committee present shall elect one of themselves
to be chairman of the meeting.

; (3) The Governor shall appoint 1a Secretary to the
Visiting Committee.

(4) Subject te the provisions of paragraph (1) o% rule
187 of these Rules two members of the Visiting Committee
shall form a quorum and all questions arising for the decision
of the Visiting Committee shall be decided by a majority of
the votes of the members of the Visiting Committee present and,
when the votes are equal, the Chairman shall have a casting
vote.

(5) A member of the Visiting Committee shall hold
office for a period not exceeding three years.

(6) A member of the Visiting Committee shall vacate
bis office if he —

(a) resigns in writing addressed to the Governor ,
or

(b) fails, without reasonable excuse (the suffi-
ciency whereof shall be determined by the
Governor) to attend three consecutive meet-
ings of the Visiting Committee.

(7) The Visiting Committee shall meet not less than
once a month on a day to be fixed at their discretion, and more
frequently if occasion may require.

(8) Minutes of every meeting of the Visiting Com-
mittee shall be taken by the Secretary and shall be submitted
to the Governor as soon as possible after every meeting.

(9) At the monthly meetings, cr an adjournment
thereof, the Visiting Committee shall visit the whole prison,
and shall hear and investigate any application or complaint
which any prisoner may desire to make to them and, if
necessary, report the same, with their opinion, to the Governoy.
They shall specialiy inquire into the condition of those
prisoners who are undergoing solitary confinement.
3

(10) The Visiting Committee shall have free a

‘ \ | access to all
parts of the prison, to all prison records and to all prisoners
and may see any such prisoners as they desire, either in their
cells or in a room out of sight and hearing of prison officers.

(11) The Visiting Committee shall co-operate with
the Keeper in promoting the efficiency of the prison and shall
make enquiry into any matter specially referred to them by
the Governor and report their opinion thereon.

(12) The Visiting Committee shall assist the Keeper
with advice and suggestions as to the employment, education
and recreation of the prisoners.

(13) The Visiting Committee shall investigate at the
prison all charges brought against prisoners (for the due punish-
ment of which the Keeper’s power is inadequate) and deal
with them in the manner provided in the rules relating te
punishment.

(14) The Visiting Committee shall examine the
“Prison Punishment Book” monthly and shall enquire into
any irregularity cr excessive punishment therein and shall, if
necessary, communicate with the Governor on the subject.

PART IIt.

OTHER OFFICERS
TL

THE KEEPER

4, Residence Employment Etc. (1) The Keeper shalt
have the general control and management of a prison and
shall reside in such quarters at the prison as may be
assigned to him by the Governor. He shall not follow or be
concerned in any other occupation or trade, unless specially
authorised by the Governor. He shall not derive, directly or
indirectly, 'any emolument or benefit, pecuniary or otherwise
from the Supplies furnished for the use of the prison, or from
the sale of any article produced in the prison. He shall not
let for hire any portion of his quarters or any part of the
prison buildings or grounds.

(2) The Keeper shall be allowed medical attendance and
medicine for himself at the public expense.

5. Absence. The Keeper shall not leave the prison be-

tween 10 p.m. and 6 a.m. without the permission of the Gov-
ernor except in cases of emergency which shall be noted in

his Journal.

6. Observance and Enforcement of Prison Laws. The
Keeper shall strictly conform to the provision of these Rules and
4

of all the laws relating to the prison, and shall require
cvedience to the same from ail subordinate officers, and
rigidly en*orce them on the prisoners, He shali be responsible
for every relaxaticn or infringement of such rules and laws.

7. Inspection of Prison. The Keeper shall inspect every
part of the men’s prison, and see every prisoner at least once in
every twenty-four hours, and shall in Hke rmanner inspect
the women’s prison at least twice a week, and in default of such
inspections shall state in his journel how far he has omitted
them, and the cause thereof. He shall at least five times in each
month go through the men’s prison at an uncertain hour of
the night, which visit, with the hour and state of the prison
at the time, he shall record in his journal. When visiting the
women’s prison he shall be accompanied by the matron.

8. Inspection of Cells. The Keeper shall at least once
in every twenty-four hours visit each cell at the prison in
which a prisoner is undergoing cellular confinement, and shall
see that every prisoner under punishment is visited, during the
day, at intervals of not more than three hours by the appointed
otticer.

9. Medical Certificate Prior to Punishment. The Keeper
shall take care that no prisoner is subjected to any corporal,
cellular, or dietary punishment which the Prison Medical
Officer has not certified that he is capable of undergoing.

10. Prohibition of Unauthorised Person Sleeping in Prison.
The Keeper shall not ‘allow any person unconnected with the
prison to sleep therein, without the written permission of the
Governor.

11. Communication with Prisoners. The Keeper shall
not permit any person, not being an officer of the prison to
have any communication with any prisoner, except as provided
by these rules.

12. Precaution against Escape and Fires. The Keeper
shall take every precaution to guard against escape of
any prisoner, and shall cause a daily examination to be made
of all cells, bars, bolts and lecks. In the event of an escape
being effected, he shall immediately report it to the Governor
and to the Police. He shall also adopt proper precautions
against fire.

13. Escape of Prisoners. The Keeper shall enquire into
the escape of any prisoner 'and the conduct of the officers
in charge at the time.

14. Inspection of Supplies. The Keeper shall satisfy
himself that the food, clothing and other supplies furn-
5

ished by the contractors are wholesome and good, and are
in aualify, description, and weight, in accordance with the re-
quisitisns and contracts and shall reject all supplies which
are not satisfactory. A'l contractors’ accounts for articles
supplied shall be certified by him and he shall frequently
inspect the diets of prisoners and see that they are of the
proper description, quantity and quality.

15. Prisoners’ Complaints. The Keeper shall at all
reasonable times be ready to hear the complaints of any
prisoner and, should he deem if necessary, shall report the
same to the Governor. All such complaints shall be entered
in his journal.

16. Mechanical Restraint of Prisoners. The Keeper
shall in cases of urgent necessity, have power to place ‘a
priscner under mechanical restraint, but no such prisoner shall
be Kept under mechanical restraint for a longer period than
twenty-four hours, unless his conduct is such as to render if
absolutely necessary, when the restraint may be continued with
the sanction of the Governor.

17. Circumstances and Type of Mechanical Restraint.
Mechanical restraint shall only be resorted to in extreme cases,
not as a punishment, but in order to prevent acts o: violence.
No mechanical restraint shall be used excopt of such patterns
as shall have been approved by the Governor.

18. Publication in Prison cf Abstract of Rules. The
Keeper shall cause an abstract of these rules to be placed in
conspicuous parts of the prison and shall cause to be read to
the prisoners once a month such of the rules as relate to their
conduct, discipline and treatment.

19. Notification of Hiness of Officer or Prisoner. The
Keeper shall report to the Prison Medical Officer, without
delay, the sudden illness of any officer or prisoner, and
shall acquaint him on his weekly visits, with the names of ali
prisoners who complain of illness or are undergoing cellular
confinement. He shall report to the Prison Medical Officer any
case of insanity or apparent insanity occurring amongst the
prisoners, or any case in which the life of any prisoner seems
to him likely to be endangered by further continuance in prison
or by the discipline thereof.

26. Observance of Medical Officers’ Orders. The Keeper
shall carry or cause to be carried into effect any orders of the
Prison Medical Officer with reference to health and cleanliness,
and shall report to the Senior Medical Officer any such order
which he is unable to carry into effect.

21. Notification of Clergyman. The Keeper shall give
notice to ‘a minister of the religious denomination to which
6

any prisoner belongs in any case where he is informed by the
Prison Medical Officer that the life of such prisoner appears
to be In danger.

22. Notification of Relatives and Friends. The Keeper
shall notify, whenever practicable, the relatives or friends of
any officer or prisoner whom the Prison Medical Officer reports
to be seriously ill.

23. Prisoners Whose Health Endangered. On receipt of
any report from the Prison Medical Officer that the mind or
body of any prisoner is likely to be injured by the discipline
or by further detention in prison the Keeper shall give
such directions as may be requisite, reporting in every such
case to the Governor.

24. Report of Death of Prisanexy. Upon the death of a
prisoner, or an infant in the prison, the Keeper shail
immediately report the same to the Governor, the Coroner of
the District, and, when practicable, to the nearest relatives
ot the deceased.

24. Employment of Prisoners. The Keeper shall take
care that all convicted prisoners are regularly worked in
accordance with the rules for employment of prisoners, unless
exempted by the Prison Medical Officer, and he shall, if prac-
ticable, provide suitable employment for all unconvicted
priscners who may desire to work.

26. Restriction on Employment of Prisoners. The Keeper
may authorise any prisoner to be employed within a prison in
the service of the prison, but not in its discipline nor, in his
own service, nor in the service of any officer thereof.

27. Corporal Punishment and Executions. The Keeper
shall attend all corporal punishment and shall enter in
his Journal any orders which the Prison Medical Officer
may have given on such occasion. He shall make all necessary
arrangements for the carrying out of all executions and shall
be present thereat.

28. Prisoners’ Letters. The Keeper shall read every
letter addressed to, or written by, a prisoner, and in every
instance where he may deem it necessary to withhold any such
etter he shall record the fact in his Journal: Provided that
the Keeper may delegate the duty of reading 'any such letter
to the Chie? Officer.

29. Responsibility fer’ Prisen Stores. The Keeper shall
shall be responsible for all stores, clothing, etc., and for ‘all
dcficiencies in the same. He shall direct the issue of the vroper
7

supplies and take care that no article of any description is
issued until it is properly marked with the prison marks. He
Shall carefully study the requirements of the prison for the
purpose of promoting economy and preventing waste.

30. Cendemnation of Articies. On the 3ist March, 30th
June, 30th September, and 31st December in each year, the
Keeper shall prepare and forward to the Governor a list of
articles to be condemned as unfit for further use and shall
dispose of such articles as directed. He shall take stock of
all prison property on or before the 31st March each year and
shall Keep a certified inventory thereof.

__ 31. Weekly Returns. The Keeper shall forward the
following returns to the Governor every Monday morning:—

(a) A return shewing the prisoners received during
the week, their names, offences and sentences;
likewise the prisoners released, and by what
authority.

(b) A return of the occupation and distribution of
the prisoners during the week.

32. Annual Report. The Keeper shall annually prepare
‘and forward to the Governor a report upon the condition and
working of the prison as required by the circular despatch of
the Secretary of State numbered 12758/47 and dated 23rd June,
1947.

33. Notification of Religious Denomination of Prisoner.
The Keeper shall once a month forward to the ministers of
religious denominations lists of the prisoners belonging to their
respective persuasions.

34. Conduct of Officers. The Keeper shall exercise
his authority with firmness, temper, and humanity, and
abstain from all irritating language. He shall not strike a
prisoner, unless compelled to do so in self-defence. He shall
enforce similar conduct on the part of the subordinate officers,
under penalty of their dismissal.

35. Reports on Long Sentence Prisoners. The Keeper
shall bring to the notice of the Governor all long sentence
convicts (both men and women) at the end of the fourth
year of imprisonment and every fourth year thereafter,
describing the prisoner’s mental and bodily condition with par-
ticular reference to the effect of his imprisonment upon his
health, his demeanour and his attitude towards the offence
and towards crime generally and upon his conduct and industry
and on any other points which might be of assistance to the
Governor in considering his case.

36. Records. The Keeper shall be responsible for the
the following 'and such other books and records, as may from
8
time to time be required at a prison being kept properly and
up to date :—
(a) a Prison Register ;

(bo) a Journal of all occurrences of importance in
the prison ;

(c) a Prisoners’ Punishment Book ;

(d) a book recording interviews with prisoners by
the Keeper ;

(e) an Inventory Book of all'articles belonging to
the prison ;

(f) an Order Book for the entry of any standing
orders relative to the discipline of the prison ;

(g) a record of officers’ services, defaults, etc. ;
(h) a Provision Ledger ;

(i) an Official Visitors’ Book ;

(j) a General Visitors’ Book ;

(K) a Diet Book, showing daily number of
prisoners on each class of diet ;

(1) a record of previous convictions ;

(m) a Cash Book forall receipts and payments ;
(n) a Monthly Pay and Stoppage Book ;

(o) a Diary of daily occurrences ;

(p) a Prisoners’ Property Book ;

37. Visits of Inspection. The Keeper shall accompany
the Governor and the Visiting Justices on their inspection of
the prison.

38. Notice of Agproaching Release of Prisoners. The
Keeper shall give notice to the Superintendent of Police of the
approaching release of any prisoner under conviction who has
been in prison six months and upwards. No prisoner shall be
released before the termination of his sentence without com-
petent authority being transmitted to the Keeper.

39. Release of Prisoners Unprovided with Clothing. The
Keeper shall, upon the release of any prisoner un-
provided with clothing, ‘ascertain whether his relatives or
friends can furnish him with clothing and, if not, he shall
g

supply him with clothing of vaiue not exceeding ten dollars
at the public expense.

40. Prisoners Eligible for Licences. The Keeper shail
transmit to the Governor the names and descriptions of
Such prisoners as are eligible for discharge under the rules
hereratter provided for remission of sentences, and also of
every prisoner under a life sentence who has served fifteen
years of his sentence, or having served ten years, has attained.
or is believed to have attained the age of sixty.

41. Prisoners Liable to Pay for Wilful Damage to Prison
Property. The Keeper may order the money or other property
ot any prisoner to be applied towards the repair of any injury
wilfully done by such prisoner to the prison property, or any
other preperty in the prison.

42. Care of Prison Walls. The Keeper shall see that
that no trees are allowed to grow against the outer walls of
the prison and that no rubbish or other article is laid against
them.

43. Limewashing of Buildings. The Keeper shall have the
prison walls and buildings limewashed once in six months, or more
often if necessary.

44. Inspection of Prisoners’ Work. The Keeper shall
frequently inspect the work performed by prisoners both
inside the prison walls, so as to satisfy himself that every prisoner
at work is working diligently and shall also cause the Chief Officer
to do the same. Such inspection of outside work shall be recorded
in a book kept for that purpose in the prison.

45. Duty in Case of Disturbance. In the event of any dis-
turbance or insubordination among the prisoners which the Keeper
and the other officers of the prison are unable to subdue, the
Keeper shall make immediate demand on the Police for assistance
and shall also report the matter to the Governor.

46. Issue of Firearms to Staff. The Keeper may equip any
member of the staff while on duty or while having charge of any
prisoner with such firearms as may be approved by the Governor
in Council, if in his opinion such a course is necessary or expedient
for the preservation of order or discipline or for the protection
of any person or to prevent the escape of any prisoner; Provided
always that the previous sanction of the Governor shall be obtained,
except in cases of emergency, when the same shall he reported as
soon as possible to the Governor.

47. Disposal of Fines and Costs Collected. The Keeper
shall forthwith forward to the proper authority all fines
10

and costs received by him from prisoners committed in default
of payment.

48. Prison Visitors. The Keeper may, with the assistance
of the Visiting Committee, obtain a sufficient number of suitable
prison visitors of both sexes for the purpose of instructing pris-
oners. All voluntary workers in a prison shall be requested by the
Keeper to observe the usual rules and regulations which are
binding upon prison officers and they shall conduct their work
under the general guidance of the Keeper.

THE PRISON MEDICAL OFFICER.

49. Class of Labour to be Performed by Prisoner. The
Prison Medical Officer shall certify the class of labour for which
every prisoner is fit on admission, and from time to time there-
after, if necessaiv on medical grounds, and no prisoner shall be
emploved at any labour for which he is not certified as being fit.
He shall also assist, when necessary, in assigning the task of
labour according to the physical capacity of a prisoner.

)

50. Sick Prisoners. The Prison Medical Officer shall attend
to and prescribe for all sick prisoners, and all officers
cf the prison who shall require his attendance at the prison. He
shall examine all prisoners on admission and record in the
Medical Minute Book the cases of any who are found to be in an
unfit state to be sent to prison; he shail also certify that a
priscper, previous tu his borne transferred to anv other authorized
place of confinement, is in a fit state of health to be removed.

51. Health of Prisoner endangered by further Imprison-
ment. Whenever the Prison Medical Oflicar has reasons to believe
that the mind or body of a prisoner is or is likely to be injuriously
affected by the discipline or treatment of the prison, he shall record
the case in the Medical Minute Book for the information of the
Keeper and shall give such directions as he may think
proper. He shall also report to the Keeper whenever he
shall be of the opinion that the life of any prisoner is endangered
by his continuance in prison, with the grounds of his opinion.

52. Visits. The Prison Medical Officer shall be in attendance
at the prison not less than one day in every week before nine
o'clock in the morning and shall arrange his several visits and
duties so as not to disturb the routine or discipline of the prison.
He shall enter in the Medical Journal the name of each prisoner,
together with such directions for his treatment, diet, clothing,
exercise, etc., and such other observations as he shall see fit; the
Journal shall be signed by him and handed over daily to the
Keeper for his information and guidance.
11

53. Illness of Officers. The Prison Medical Officer shall
keep a Medical Journal of all officers who may apply to him for
advice, and shall, on receiving information from the Keeper that
any subordinate officer has absented himself on the plea of illness
visit such officer and shall record in the said Journal whether
such officer is fit or unfit for duty, and if unfit, the period
of time fer which he is excused. ‘I'he Journal when signed by
him shall be handed over to the Keeper for his information and
guidance.

54. Books to be Kept by Medical Officer. (1) The Prison
Medical Officer shall keep at the prison the following books:—

(a) a Prisoners’ Medical Journal ;
(b) an Officers’ Medical Journal ;

(c) a Medical Minute Book;
(d) a Hospital Case Book.

(2) The form of these books shall be settled by him
from time to time with the approval of the Keeper, sub-
ject always to revision by the Governor in Council.

55. Inspection of Prison. The Prison Medical Officer shall
once a month inspect every part of the prison and record
in the Medical Minute Book the result of his inspection to-
gether with any observations he may think fit to make on the
cleanliness. drainage, or ventilation, the quality of the provisions,
the sufficiency of the clothing or bedding, the quantity or quality
of the water, or anything which may in his opinion affect the
health of the prisoners. He shall also frequently inspect the
prisoners’ diet and satisfy himself that it is of proper quantity,
quality and description, and shall keep a record of any irregu-
larity in the Medical Minute Book.

56. Inspection of Prisoners at Labour. The Prison Medical
Officer shall occasionally inspect the prisoners at labour in order
to observe the effect it has upon them.

57. Prisoners in Cellular Confinement. The Prison Medical
Officer shall daily visit every prisoner under punishment in cellu-

lar confinement and record the visit in his Journal.

08. Corporal Punishment and Executions. The Prison
Medical Officer shall attend all corporal punishment and his
instructions for preventing injury to health shall be carried out.
He shall also be present at any execution.
12

59. Report of Dangerous Tiine:s. The Prison Medical Offi-
cer shall give notice to the Keeper when any case of
illness appears te him to assume a dangerous aspect.

60. Operations. The Prison Medical Officer may, subject
to the approval of the Keeper in cases of danger or difficulty
which appear to him to require it, call in additional medical assis-
tance. No serious operation shall be performed without a pre-
vious consultation with another medical practitioner, except under
circumstances not permitting of delay; such circumstances to be
recorded in his journal. If he recommends the removal of a pris-
oner to hospital in any case under this Rule, under Rules 50, 51 or
59 of these Rules or under subsection (2) (b) of Section 13 of the
Prison Ordinance, 1955, he shall, in addition to his other records,
submit to the Governor, through the Keeper, a medical certificate
inthe form in Schedule A to these Rules.

61. Death of Prisconer. The Prison Medical Officer shall on
the death of any prisoner enter in his Journal the following par-
ticulars, viz:—At what time the deceased was taker ill; when
the circumstances were first communicated to him: the nature of
the disease, and when it assumed a dangerous aspect; whether
there were any special circumstances connected with the case;
when the prisoner died; when the Coroner sat; the verdict; and
any comments made by the Coroner.

62. Appointment of Substitute. In the event of the Prison
Medical Officer being prevented from attending to his duties
through illness or any other unavoidable cause, he may depute a
qualified medical practitioner to act as his substitute for twenty-
four hours. Any longer period shall require the approval of the
Governor.

63. Annual Report. The Prison Medical Cfticer shall
furnish on or before the 31st January in each year, a report speci-
fying, with reference to the past year, the health of the prisoners
on admission, and the general state of health that has been main-
tained; the diseases which have been most prevalent and whether
any connection can be traced between them and the locality; the
state of the buildings, the diet, the employment, or other circum-
stances; the number of deaths; the number of prisoners admitted
to the hospital; the number of cases of slight indisposition treated
in the cells; the proportions of sick to the whole number of pris-
oners examined during the year; and any other circumstances with
respect to the health of the prisoners that he may consider proper
to bring to the notice of the authorities.

64. Discharge of Sick Prisoners. No sick prisoner shall at
the expiration of his sentence be released from prison, unless in
13

the opinion of the Prison Medical Officer he can be released with
safety to health, or such prisoner refuses to stay.

65. Capital Offences. (1) A prisoner charged with a
capital offence shall be kept under special observation, if practi-
cable in the prison infirmary, at all times and the Prison Medical
Officer shall keep a written record of the physical and mental
condition of the prisoner in which entries shall be made from time
to time daily if necessary. if deemed advisable, application may
be made to the Crown Attorney for a copy of the records of the
case, in order to assist the Prison Medical Officer in forming an
opinion as to the mental condition of the prisoner, but he should
bear in mind that records are furnished only that he may be in
possession of important and true particulars of the prisoner’s
recent history, in so far as it has a bearing upon his mental state
while under observation in prison. A report shall be submitted
to the Crown Attorney on the mental condition of the prisoner
a few days before the date of the trial, stating whether or not any
indication of insanity has been exhibited and whether or not the
prisoner is fit to plead.

(2) This report should not express any opinion as to
the prisoner’s degree of responsibility at the time the offence was
committed, this being a matter for the finding of the jury on the
evidence submitted, but, if from symptoms exhibited while under
observation in the prison it is clear that definite insanity exists
and has done so for some time previous to the offence, or if the
Prison Medicai Officer is of the opinion that there is a distinct
history of periodical attacks of insanity, followed by intervals of
mental clearness, and that the prisoner has been enjoying a lucid
interval while under observation in the prison, his report would
embody this opinion.

SUBORDINATE OFFICERS (Generally)

66. Training and Examinaticns. Subordinate officers shal!
be provided with copies of the Prison Rules and shall be required
to make themselves familiar therewith and to undergo such train-
ing in the duties of a prison officer as may be prescribed and to
pass, from time to time, examinations on such rules and training.
Failure to pass such examinations may result in the termination
of a probationer’s engagement. Promotion of officers will depend
jJargely on the passing of these examinations.

67. Maintenance of Order and Discipline. Subordinate offi-
cers shall strictly conform to and obey all rules and orders of the
Keeper and assist to their utmost in maintaining order
and discipline. To this end punishment for prison offences may
sometimes be resorted to upon their report, but good temper and
good example on their part will have great influence om prisoners
in preventing the frequent recurrence of offences and the necessity
for such punishments.
14

68. Conduct Towards Prisoners. No officer shall allow any
familiarity between a prisoner and himself, nor shall he discuss
hus uuuues, any matters of discipline or prison arrangement, within
the hearing of a prisoner. No officer shall by word, gesture, or
demeanour, do anything which may tend to irritate any prisoner.

69. Reports of Prisoners’ Complaints, etc. Subordinate offi-
cers shall inform the Keeper of any prisoner who desires
to see him or to make any complaint or prefer any request to him
or to any other superior authority. Any neglect in carrying out
this rule will be severely dealt with.

70. Visitors. Subordinate officers shall not be permitted to

receive any visitors in a prison without the special permission of
the Keeper.

71. Report of Prisoner’s Hiness. Subordinate officers shall
not compel any prisoner to go to labour who complains of illness
but shall report all such cases to the Keeper. They shall
direct the attention of the Keeper to any prisoner who
may appear to them to be suffering from illness, although he may
not complain, or whose state of mind may appear to them deserv-
ing of special notice and care.

72. Responsibility for Stores, Tools, etc. Subordinate officers
in charge of stores, tools or other Government articles, will be held
responsible for them, and will ke liable to pav for any articles
committed to their charge which may ke neglirontly lost or dam-
aged, or for any other tamage «rien they may commit.

73. Duties on Relieving Each Other. (1) Subordinate off-
cers shall when they relieve each other, point out to their
successors all matters of special importance, check over all tools
or other articles committed to their care and explain any directions
ef the Keeper affecting any particular prisoner or the
work to be performed.

(2) No subordinate officer shall, on any pretext what-
soaver, leave prisoners entrusted to his care until he has received
an audible and proper acknowledgment for them from the officer
to whom he is handing over.

74. Prisoners in Cellular Confinement. Subordinate officers
shail pay particular attention to prisoners under punishment in
cellular confinement and see that they are provided with neces-
saries, that their slops are frequently removed, and that they are
visited at the regular times, and that they receive one hour’s exer-
cise daily in the open air.

75. Correspondence, etc., with Prisoners’ Friends. No
subordinate officer shall correspond or hold any intercourse with
the friends or relations of any prisoner, unless expressly author-
15

ised by the Keeper; nor shall he make any unauthorised
communication concerning the prison or prisoners to any person
whatsoever. He shall also carefully abstain from forming
acquaintance with discharged prisoners.

76. Occupation of Officers. Subordinate officers shall not
be allowed to follow or be concerned in any other trade or busi-
ness nor, without special permission, to hold any office of a public
character unconnected with the prison.

77. Divine Service. Subordinate officers shail punctually
attend divine service with the prisoners, unless off duty, on other
duty, or excused by the Keeper ; their absence, with the
cause thereof, being entered in the Keeper’s Journal.

78. Absence of Officers. No subordinate officer shall be
absent during the regular hours of attendance without the per-
mission of the Keeper. When absent for his meals, or
on other authorised occasions, he is to return to his duty at the
appointed time.

79. Prison Keys. A subordinate officers entrusted with
keys shall not on any pretext take them out of a prison, but shall,
when leaving the prison on any occasion, deliver his keys to such
officer as the Keeper mav depute for that purpose.

80. Attendance at Posts. Subordinate officers shall at all
times confine themselves to their resnovtive nosts, unless specially
ordered to go to any other paw of th» establishment in the per-
formance of other duties.

81. Report of Misconduct, ete. It shall be the duty of all
subordinate officers to make an immediate report to the Keeper
of any misconduct or wilful breach of the Prison Rules.

82. Conversations, ete. (1) Conversations between sub-
ordinate officers on duty and between subordinate officers and
prisoners shall be limited to such remarks as may be necessary
for the proper performance of duty or work or maintenance of
order and discipline. Conversation between subordinate officers
on duty and civilians is prohibited.

(2) Conversations between prisoners at labour shall be
limited to such remarks as the work requires. There shall be no
idle talking on general subjects. Out of working hours the mak-
ing of a remark or two need not be forbidden. When, however,
the remarks are continued and the officer sees a gossipping
conversation is developing he should direct the prisoners to stop,
and if they fail to do so after one or more such orders, he should
report them. Reports should not be for “talking,” but for “dis-
obedience of orders by “talking after being told to stop.” If there
16

are any special reasons for preventing all communication between
priconers, the right plan is to keep them separated.

83. Dress and Appearance. Subordinate officers shall at all
times pay strict attention to cleanliness of persons and dress and
shall always appear, when on duty, properly shaved and dressed
in such uniforms as may be allowed them. All accoutrements,
badges, etc. shall be kept perfectly clean and bright at all times.

84. Wearing of Uniferms. Subordinate officers shall not
wear uniforms except when on duty or going to or coming from
ihe prison for the purposes of duty.

85. Combination Amongst Subordinate Officers. It is the
duty of all subordinate officers to report to the Keeper
any proceedings that may come to their knowledge having the
character of a combination amongst the subordinate officers with
regard to their duties or positions in the prison; and any com-
plaint of one officer against another shall be made within twenty-
four hours of the occurrence complained of.

86. Restriction on Striking Prisoners. No subordinate offi-
cer shall strike a prisoner unless compelled to do so in self-defence
or when ordered to inflict corporal punishment. When in charge
of a gang beyond the prison walls, he may place a prisoner in
handcuffs in case of gross misconduct, or for the purpose of
security, reporting the occurrence to the Keeper on _ his
return to the prison.

87. Observation ef Prisoners Character, etc. Subordinate
officers shall carefully observe the character and habits of the
prisoners under their charge and shall afford unreserved informa-
tion on such subject, it being of the utmost importance that the
Keeper shall be fully informed on these points.

88. Prisoners’ Labour Subordinate officers in charge of
gangs shall ascertain carefully the amount of work done by pris-
oners under their care and report the result to the Keeper faith-
fully and accurately on the diligence of prisoners at
work. Any unfairness or partiality in this respect will be dealt
with as a serious offence.

89. Counting, etc., of Prisoners. Subordinate officers shall
count the prisoners under their charge at 2.00 p.m. every day as
well as at locking up and at unlocking time and shall report the
state of their respective divisions and the number present. They
shall examine daily the state of the cells, bedding, locks, bolts,
etc., and shall seize all prohibited articles and deliver them to
the Keeper.

90. Duty of Subordinate Officers in Charge of Gangs at
Outside Labeur. A subordinate cfficer proceeding with prisoners
17

to work beyond the prison walls shall be furnished with a book
with the name of each prisoner entered therein. He shall, be-
fore leaving, check the name of each prisoner with the Keeper
or other appointed officer, after which he shall be held
responsible for the safe custody and proper conduct of such pris-
oners. specially shall he see that they do nct stragegle, or hold
communication with any unauthorised person. Upon his return
to the prison he shall check the name of each prisoner as before
with the appointed officer and give up his book to be signed.

91. Searching of Prisoners on Return to Prison. An offi-
cer shall thoroughly search every prisoner on his return to the
prison, for the purpose of ascertaining whether he has any pro-
hibited articles secreted on his person. All tools and other
implenterts are to be checked at the commencement and comple-
tion of apr and handed over to the officer deputed for that
purpose, J

92. Standard of Conduct Required of Subordinate Officers.
All subordinate officers placed in authority over prisoners shall
be persons of good moral principles. Any disreputable conduct
will render an officer liable to dismissal. Intoxication will be
liable to be visited with dismissal and it will not be taken into
consideration at what place it occurred or whether it be a greater
or less deyree of intoxication, nor will it be regarded as any
excuse that the person offending may claim to have been at the
time carahble of performing his duties; it being absolutely neces-
sary that ali persons connected with the prison shall be perfectly
sober at all times. Swearing, cursing, the use of improper
language, incurring debts which he is unable to pay, frequenting
public houses, keeping bad company and gambling will be con-
sidered surticient grounds for the discontinuance of an officer’s
services.

93. Pecuniary Dealings, etc., with Priseners Forbidden
No subordinate officer, or any person in trust for him or em-
ployed by him, shall sell or have any benefit or advantage from
the sale cf any article to any prisoner, nor shall he have pecuni-
ary dealings whatever with any prisoner or employ any prisoner
on his private account or in any official capacity in the discipline
ef the prison.

94. Interest in Prison Contracts Forbidden. No subordi-
nate officer shall directly or indirectly have any interest in any
contract or agreement for the supply of the prison; nor shall he
receive directly or indirectly, under any pretence whatever, any
fee or present from any contractor or person tendering any con-
tract with the establishment, but he may, if the terms of the
contract permit it, purchase provisions for the use of himself and
family at the contract rates.
18

95. Receipts of Fees Prohibited. No subordinate officer
Shall at any time receive money, fees or gratuity of any kind for
the admission of any visitors to the prison or to prisoners, or
from or on behalf of any prisoner, on any pretext whatever.

hk

96. Using or Bringing in Prohibited Articles. No subordi-
nate officer shall introduce into, keep or use in the prison tobacco
cr liquor of any kind or any newspaper, book or other publication,
except under such restrictions as may from time to time be laid
down by the Keeper. Officers in charge of zangs employed out-
side the prison walls shall on no account use tobacco or spirituous
liquors whilst in charge of such gangs.

“7. Punishment for Dealing with Prohibited Articles.
Every subordinate officer or servant of the establishment who
shall (except for lawful purposes and with the authority of the
iXeeper) bring in or carry out, or endeavour to ging
or carry out, or knowingly allow to be brought in or cafes out
of the prison, or convey or attempt to convey, or knowiny allow
to be conveyed to or for any prisoner within or without the prison
walls, any money, clothing, provisions, tobacco, letters, papers,
other articles whatsoever not allowed by the Rules of the prison,
shall be suspended from his duties and placed under arrest by the
Keeper who shall forthwith report the offence to the Gov-
ernor. Such conduct shall be liable to be punished by fine or im-
prisonment under the provisions of the law relating to prisons.




93. Introduction of Prohibited Articles by Outside Persons.
All subordinate officers shall be watchful to detect and prevent
my person secreting pronibited articles for the prisoners when
employed outside the walls or within a prison and shall immedi-
ately report any such occurrence. They shall especially guard
against the clothes of workmen or others being left lying about
in places accessible to the prisoners and shall report at the earliest
opportunity any circumstance of this kind or the loitering of im-
proper or suspicious persons about the prison or in the vicinity of
prisoners working outside.

99. Search ef Officers or Servants. Every subordinate
officer or servant of ‘the prison shail submit himself to be
searched in the priscn if called upon to do so by the Keeper.

100. Removal of Articles Facilitating Escape. Special care
Shall be taken that no ladder, ropes, implements or materials
cf any Kind likely to facilitate escape are left lying about the
yard or elsewhere. Al! such articles when not in use shall be
Kept in their appointed places. Every subordinate officer shall
immediately reoort any instance of such articles being left about
in contravention to this rule.

101. Officers not to Serve as Jurors. No officer of the prison
shall be a juror on any inquest.
19

102. Entering Cell at Night. No subordinate officer shall
on any account enter the cell of any prisoner at night unless

accompanied by another officer, and then only in cases of ill-
ness or other emergency.

103. Hours of Return to Quarters at Night. All subordinate
officers residing in the prison and off duty shall be in their
quarters punctually at 10.00 p.m. They will not be admitted
to the priscn after that time until next morning at 5.30.

_ 104. Complaints and Requests. A subordinate officer hav-
Ing any complaint or request to make connected with his duty
or situation shall state the same respectfully in writing through
the Chief Officer for the decision of the Keeper or other
Superior authority. The Keeper shall put forward to the
Governor all such complaints or requests with such explanations
or remarks as may be requisite in each case.

105. Wrangling among Officers Forbidden. All wrangling
or disputes between subordinate officers on private matters
within a prison, or elsewhere when on duty is strictly prohibited.

106. Subordinate Officers to be Ex Officio Constables. A
subordinate officer, while acting as such, by virtue of his ap-
pointment, and without being sworn in before any Justice, shall
be deemed to be a constable and to have all such powers, au-
thorities, protection, and privileges, for the purpose of the
execution of his duty as a prison officer, as any constabie duly
appointed has by common law, statute or custom.

107. Duty when Superintending Interviews. Subordinate
officers shall, when Superintending interviews between prisoners
and their friends, repress and prevent as far as may be in their
power all improper communication.

108. Medical Attendance. Subordinate officers shall be
entitled to medical attendance and medicine at the public ex-
pense.

109. Officers’ Reward Fund its Administration. Fines
imposed on officers and deducted from their pay shall be placed
on deposit by the Keeper in the Treasury to a separate
account to be called the “ Prison Officers’ Reward Fund Ac-
count,” which will be administered and distributed for the
reward of deserving officers in such manner as may from time
to time be directed by the Governor ; but no officer shall have
any claim on such fund as a matter of right.

Officers’ Reward Fund its Distribution. Grants from the
Officers’ Reward Fund may be made by the Governor to any
prison officer in the following cases and under the following
circumstances, that is to say:
20

(a) long continued illness of an officer involving
loss or suspension of pay ;

(b) loss of wife when the officer is put to the
expense of arranging for someone to take care
of his children ;

(c) iilmess of an officer’s family, or of those de-
pendent on him, or any similar case of
unusual expense caused by illness ;

(a

—

discharge with or without pension on grounds
o. ill-health if there ‘are any circumstances by
which unusual expenses have to be borne by
the officer ;

(e) to the widow or children of an officer who has
died in the service or, after being retired on
the ground of ill-health, dies within six
months of the date of his retirement leaving
a widow or children ;

(t{) any unexpended balance of the fund may be
applied tc assist in the education of any
children of an officer who has died in the
service, or to establishing and maintaining
officers’ reading rcoms, or to some similar
purpose by which the general body of officers
may be benefited:

(g) to any officer who has been exceptionally
capable and diligent ; and who has not com-
mitted any serious breach o‘ discipline for a
number of years. This grant may be awarded
in addition to his pension and gratuity from
the fund as recognition for such good service ;

(h

—

loans may be made to subordinate officers by
the Governor, on the recommendation of the
Keeper. Such loans shall not exceed one
and a haif times the monthly salary of
the borrower. These loans shall be free of
interest and shall be repaid by monthly in-
stalments cf not less than one pound, to be
deducted from the salar, of the horrower by
the Keeper.

110. Hours of Work. The minimum hours of work for
subordinate officers shall be forty-eight hours in every week.
The hours of commencing and ceasing to work will be decided
by the Keeper.
21

111. Good Conduct Badges and Pay. Every subordinate
officer shall for continuous good service after the first day of
January, 1955, be entitled to good conduct badges and pay
thereaiter at the following rates :—

(a) service for two years during which he has not
been punished “ except for a trivial offence, ”
one badge and two cents per day;

(b) service for five years under the same condi-
tions two badges ‘and four cents per day ;

(c) service for eight years under the same condi-
tions three badges and six cents per day ;

(d) service for twelve years under the same condi-
tions four badges and eight cents per day;

Provided always that a subordinate officer who has earned
gcod conduct pay on subsequently becoming entitled to a higher
rate of such pay shall not be entitled thereafter to both rates
but only to the higher rate of pay, and provided also that such
good conduct pay and badges may be forfeited by order of the
Visiting Committee for any pericd for misconduct or in-

difference in discharge of duty.

112. Offences by Subordinate Officers. (1) If a subordi-
nate officer is guilty of any of the following offences, namely :—

(i) coming late on duty ;
(ii) leaving a cell or principal door or gate unlocked ;

(iii) entering a prisoner’s cell at night contrary to
orders;

(iv) allowing any unauthorised person to communi-
cate with a prisoner ;

(v) leaving Keys in a docr or lying about;

(vi) cursing, Swearing, or using indecent or immoral
language ;

(vii) neglecting to guard, supervise, or attend
priscners under his charge ;

(viii) speaking of the prison arrangements in the
hearing ot a prisoner or of any person not con-
nected with the prison ;

(ix) carelessly searching, or neglecting when
22

necessary or directed, to search a prisoner or
a visitor ;

(x) neglecting to have the lamps lighted at the
proper times ‘and places ;

(xi) neglecting to examine the cells and fastenings
of the cells under his charge, and to examine and
Search the wards, cells, bedding, and clothing ;

(xii) allowing tools, materials, or other articles to be
lying about out of their appointed places ;

(xiii) allowing dirt to accumulate in the wards, cells,
passages, or other places under his charge ;

(xiv) omitting to report any misconduct, breach of
rules, or ornission of cuty in himself, another
subordinate officer, or a priscner, or any injury
done to the prison furniture, or to the walls,
windows, partitions, or any part of the prison ;

(xv) inattention when in charge of prisoners ;
(xvi) allowing unauthorised persons to remain in the
vicinity of prisoners ;
(xvil) appearing on duty out of uniform, or improperly

or slovenly dressed or dirty ;

(xviii) quitting his post without authority, and before
being properly relieved ;

(xix) wrangling, talking of his own private affairs in
the hearing of prisoners or making unnecessary

noise, either within the prison or when on duty
cutside ;

(xx) in ‘any way obstructing the duties of the prison ;

(xxi) omitting, when sick and unable to attend the
prison, to send notice to the Keeper and
the Priscn Medical Officer ;

(xxii) neglecting to count the prisoners at the time
prescribed by these Rules, or by the Keeper

(xxiii) allowing prisoners to stray from their work,
neglecting to keep them in view, or enforce
silence among them :

(xxiv) smoking or reading whilst on duty ;

(xxv) drunkenness, disobedience of, or negligence in
23

carrying out, the Prison Rules, or any orders or
directions given by any proper authority;

(xxvi) when on duty as Gate Keeper :—

(a

—

neglecting to keep the gates locked except
when absolutely necessary to admit au-
thorised persons and things ;

(b) allowing a prisoner to leave the prison with-
out being attended by a prison warder;

(c) ‘allowing unauthorised persons or improper
things to go in or out of the prison ;

(d) allowing any person to loiter about the
gate:

(xxvii) omitting to peg the tell-tale clock or clocks ;

(xxXvili) disobedience of, or negligence with respect to,
these Rules and Regulations or ‘any lawful
order given by any person in authority con-
nected with the prison ;

(xxix) conduct to the prejudice of good order or prison
discipline,

the Keeper may, unless he considers the offence to be
of a serious nature, impose a fine not exceeding five dollars
for each such cffence. If the Keeper considers the offence
to be of a serious nature he shall report the matter to the
Chairman of the Visiting Committee, who may summon a meet-
ing of the Visiting Committee and cause an inquiry upon oath
to be made before them and if after such inquiry the Visit-
ing Committee are satisfied that the offence with which the
officer has been charged be proved to their satisfaction, they
may award any of the following punishments:—

(i) reduction in rank or grade ;

(ii) suspension, stoppage or deferment of increment ;

(iii) forfeiture of good conduct pay or of any benefit
arising from service ;

(iv) forfeiture of not more than half a month’s
salary ;

(v) admonition ;
(vi) reprimand ;
(vii) severe reprimand ;

(viii) recommendation for dismissal.
24

(2) Any subordinate officer against whom any such
fine .; imposed or any such punishment awarded may, within
seven days of his conviction, appeal in writing to the Governor,
and the Governor, may allow the appeal, reduce or confirm the
fine or punishment or make such other order as he may deem
fit.

(3) Where an offence against a subordinate officer
is to be tried by the Visiting Committee, the Keeper may sus-
pend such subordinate officer from his duties pending
the decision of the Visiting Committee or the Gevernor, as the
case may be, and while his suspension continues such subordi-
nate officer shall be allewed to receive such portion of his salary,
not being less than one half, as the Governor shall think fit.

(4) Where a subordinate officer has been guilty of
and fined for any offence under subregulation (1) of this re-
eulation, the name of the offender. the date and description
of the offence, the amount of the fine and the authority by
whom he was punished shall be entered in the subordinate
officers’ Punishment Book.

THE CHIEF OFFICER

113. Duties. The general duty of the Chief Officer shall
be to assist the Keeper, in such manner as may from time
to time be directed, in the general superintendence of the
officers and prisoners, and in the details of his duties. Such
duties shall include the proper keeping of all books and records
which the Keeper may, from time to time, require him to keep.

114. Conduct of Subordinate Officers and Prisoners. The
Chief Officer shall restrain by his authority any tendency to
oppression or undue harshness on the part of the subordinate
officers and likewise any rudeness and insubordination on
the part of prisonezs.

115. Observance of Rules. The Chief Officer shall refrain
from undue familiarity with the subordinate officers and shall
diligently observe their behaviour as well as that of the
prisoners. He shall see that they strictly adhere to the Rules
and shall report to the Keeper any neglect or misconduct
that comes to his netice.

116. Absence of Subordinate Officers. The Chief Officer
shall see that the absence of subordinate officers for their meals,
or on other autherised occasions, takes place at the proper
hours and that they return to their duties at the appointed
time.

117. Inspection of Prison. The Chief Officer shall frequent-
25

ly inspect every r-t of a prison, especialiy the cells and bedding,
end shaulitepo. |. the Keeper any irregularity he may opserve.

118. Repc.t on Welfare ef Prisoners. The Chief Officer
skal] inse no time in communicating to the Keeper any
circumstance which mey come to his knowledge affecting the
Safety, health or conitort of the prisoners.

119. General Superintendence of Prisoners. The Chief
Officer shall generally superintend the arrangements for the
regular messing of the prisoners and distribution of their meals,
and shall take care that their clothing is in good repair and
their hair kept properly cut ; that washing, bathing, and shav-
ing are attended to according to the Rules and that the pre-
scribed hours for exercise are duly observed.

120. Searching of Prisoners on Admission. The Chief
Officer shall see that all male prisoners on admission are strictly
and minutely searched, but with ‘all regard to decency, handing
over any prohibited articles and personal effects to the
keeper. He shall also be responsible for the bathing, shaving
and hair-cutting of such prisoners, and shall see that they
are properly clothed with the prison dress, except when other-
Wise directed by the Rules.

121. Permission to Leave Prison. The Chief Officer shall
not leave the prison on any account whatever without the
authority cf the Keeper.

122. Absence of Keeper. The Chief Officer shall take
charge cf the Prison during the illness or temporary absence
of the Keeper and exercise all his powers and perform his
duties subject to the discretion of the Governor with whom
he shall communicate in every emergency; he shall on no
cecasion, during the absence of the Keeper, leave the priscn
without the permission of the Governor.

123. Custedy of Keys. (1) The Chief Officer shall see that
all the keys are securely disposed of for the night in accord-
ance with the orders of the Keeper and it shall be his duty to.
make such inspectiens of the prison during the night as the
Keeper may direct.

(2) He shall on no acccunt deliver up to another
officer the keys of the storerooms under his charge, without
special directions from the Keeper.

124. Executien of Orders, etc. (1) The Chief Officer shall
specially attend to the carrying into effect of any orders ‘as to
the punishment of prisoners and pay particular attention to
prisoners under punishment in cellular confinement, so as to
26

ensure that they are provided with necessaries and food, that

they are visited regularly and that they are made to wash
daily.

(2) He shall attend especially to the carrying into
effect of any orders of the Keeper as to the classification
cf prisoners in order that the risk of contamination may be
reduced to the minimum. ‘

(3) He shall attend especially to the carrying into
etfect of any orders of the Prison Medical Officer as to the treat-
ment of sick prisoners not confined in the infirmary.

(4) He shall inspect and check over, with the officers
in charge, all parties of prisoners working outside the prison,
before they leave and on their return to the prison.

(5) He shall visit daily every party of prisoners while
at work inside the prison and see that discipline and order are
maintained.

(6) He 'shall every evening inspect the officers for
night duty and see that they are in all respects fit for duty
and fully acquainted with their duties.

125. Superintendence ef Interviews with Prisoners. The
Chicf Officer shall generally superintend all interviews with
prisoners and repress and prevent, so far as lies in his power,
all improper communications.

126. Care and Empleyment cf Prisoners. The Chief Officer
shall take care that prisoners are duiy supplied with all ‘articles
allowed for their use and that they are regulariy worked, and
shall report to the Keeper every instance in which they may
be unemployed, with the cause therefor.

127. Responsibility fer Steres, etc. The immediate charge
of all provisions, stores, clothing, materials and tools for labour
is vested in the Chief Officer, and he shall see that all articles
are properly marked with the prison marks.

128. Roll Call. The Chief Officer shall call the roll every
morning at 6:40, before the prisoners proceed to their appointed
tasks, and again at 4:45 p.m., and shall then see that every
priscner is in his cell and shall report the same to the Keeper.

129. Receipts of Stores. The Chief Officer shall carefully
weigh all provisions received into the prison and shall be held
responsible, under the Keeper, for the correct receipt and issue
of the same, as well as of all other prison stcres.

130. Pertsrmance of Chief Officer’s Dutics in his Absence.
During the absence of the Chief Officer from a prison all his
duties shail be performed by the next officer in order of
27

seniority who shall strictly observe all the rules relating to the
Chief Officer.
THE MATRON.

131. Residence and Duties. The Matron shall reside in the
Women’s Prison and shall be under the immediate direction
of the Keeper. She shall be entrusted with the care, safe
custody and superintendence of the women prisoners, and
the Keys of the Women’s Prison shall be kept by her.

132. Enforcement of Rules. The Matron shall make her-
self fully acquainted with the Prison Rules and shall enforce
them so far as they apply to the women prisoners and any
officers under her.

133. Absence. The Matron shall not absent herself from
prison ‘at any time without leave from the Keeper and during
her absence she shall give charge to such other woman officer
aS the Keeper may direct.

134. Night Inspections. The Matron shall make such visit
of inspection during the night as the Keeper may direct.

135. Visits te Women Prison. The Matron shall, unless
unavoidably prevented, attend the Visiting Justices, the
Keeper and the Prison Medical Officer in their visits to the
Women’s Prison and she shall especially take care that no male
officer or visitor or prisoner enters the Women’s Prison unless
accompanied by herself or some other woman officer.

136. Superintendence cof Meals. The Matron shall be
directly responsible in the Women’s Prison for the distribution
of the prisoners’ meals according to the prescribed scale of diet,
and shall report to the Keeper whether the food is properly
cooked and of sufficient quantity.

37. Instruction of Prisoners in their Work. The Matron
shall give instruction to women prisoners in sewing, washing
and other approved labour, and shall be directly responsible
under the Keeper for the enforcement of the proper tasks.

138. Miscenduct of Woman Prisoner. The Matron shall
report to the Keeper any misconduct or breach of the Rules
by a woman prisoner and also touching anything in the
discipline 'and condition of the Women’s Prison.

139. Subject to General Rules for Subordinate Officers.
The Matron and every other woman officer shall be subject
to the general rules for subordinate officers so far as they apply
to them.

140. Powers and Duties in Absence of the Keeper. In
the absence of the Keeper the Matron shall perform in the
Women’s Prison such of the duties, and shall have such of
the responsibilities and powers (except as to the punishment
hm

3

of prison...) as may be required from, or conferred upon, the
Keeper Ly these Rules.

UNIFORMS

141. (1) The Keeper and subordinate officers may be
allowed uniforms as tollows:—

(A)

(B)

(C)

Keeper —

PeENwWwreNdH

khaki tunic

white shirts

black ties

khaki shirts

khaki trousers
pairs shoes

belt (Sam Browne)

eap (silver lace, Principal
Officer, Home Prison Ser-

vice)

buttons (white metal)

1
1

Male subordinate officers —

RN owe

1
1

1
1
1
1
1

Female subordinate officers—

3

cape, khaki coloured
whistle

khaki tunic
khaki shirts
khaki trousers
pairs black boots

pair canvas shoes with

India rubber soles

helmet, khaki

cap (Home Prison Service)

cape, khaki coloured
pair shoulder titles
belt (waist) black
whistle and chain
truncheon

blue dresses

3 white collars

6 white cuffs

3 white aprons

2 straw hats

2 pairs black shoes

1 cape (blue)

Annually

renewable when
no longer = ser-
viceable

ee

Annually

Every two years

renewable when
no longer — ser-
viceable

me ne ns Ol ee

)

. Annually

| renewable when
‘ no longer ser-
J viceable.
29

(2) The above articles of uniform shall be issued when
necessary on the approval of the Keeper, but the issues
shall not exceed the limit fixed. The uniforms shall remain the
property of the Government and all worn articles shall be re-:
turned for condemnation before any fresh issues are made.

142. Officers Responsible for Upkeep of Uniforms. The
Keeper and subordinate officers shall keep all articles of
uniform in proper repair at their own expense, unless the
Keeper is satisfied that any damage to an article of uniform
was incurred whilst in the execution of duty and through no
fault of an officer.

143. Return of Uniforms on Leaving the Service. Whenever
the Keeper or a subordinate officer quits the Service on
resignation, dismissal or otherwise, he shall return into store all
articles of uniform in his possession and all bedding and equip-
ment issued to him. In default of so doing, their value at the
time may either be charged to him and deducted out of any salary
due at the time of his quitting the Service or he may be proceeded
against for unlawful detention of prison property.

PART IV.

PRISONERS.

144. Application of Part IV. The Rules in this Part shall
apply to all classes of prisoners except in so far as they may
be inconsistent with the special rules for particular classes of
prisoners.

145. Time of Admission. Prisoners shall not be received
at a prison earlier than 6.00 a.m. and later than 6.00 p.m. or
cn any Sunday, Christmas Day or Good Friday, except with the
special permission of the Keeper.

146. Commital Form. Before any prisoner shall be re-
ceived into a prison the usua! form of committal, properly filled
up in all its parts, shall be put into the hands of the Keeper or
other officer in charge.

147. Searching of Prisoners on Admission. Prisoners on
admission shall he minutely searched (men by a male officer, wo-
men by a female officer) but with all regard to decency and
privacy; they shall be deprived of their personal effects which
shall be taken by the Keeper or Matron and a list of them
entered in the “Prisoners’ Property Book,” and each such entry
Shall be signed by the prisoner concerned in acknowledgment of
its correctness. These effects shall be given up to the prisoner
on his discharge.

148. Confiscation of Prohibited Articles. No prisoner shall
have in his possession any food, money, clothing, provisions,
30

liquor, tobacco, matches, letters, papers, books. or any other
article prohibited by these Rules, or any other article whatsoever,
and no such article whatsoever shall be conveyed or thrown into
or out of any prison, or conveyed to any prisoner while in cus-
tody outside a prison, unless expressly allowed by the rules or for
a lawful purpose under such restrictions as may be laid down by
the Keeper with the approval of the Governor. Any
article brought, thrown, conveyed or carried contrary to this
rule may be confiscated by the Keeper.

149. Medical Examination of Prisoners on Admission.
Every prisoner shall, as soon as possible after admission, be
separately examined by the Prison Medical Officer.

150. Bathing. Every prisoner shall take a bath on arrival
at the prison and at the prescribed times, unless it shall be other-
wise directed in any particular case by the Rules or by the
Keeper or the Prison Medical Officer.

151. Eradication ef Vermin, ete. If any prisoner is found
on admission to have any cutaneous disease or to be infested with
vermin, means as laid down by the Prison Medical Officer shall b-
taken effectually to eradicate and destroy the same.

152. Reading of Prison Rules. An abstract of the Prison
Rules relating to the discipline, conduct and treatment of pris-
oners shall be read to prisoners on admission and once in each
month.

153. Weighing of Prisoners. Every prisoner on admission
and on discharge, shall be weighed and the weight recorded in
a book kept for that purpose. Every prisoner sentenced to six
months’ imprisonment and upwards shall, in addition, be weighed
once in each month. Prisoners may also be weighed at any time
by order of the Keeper or the Prison Medical Officer.

154. Photographs and Vinger-Prints. Every prisoner may,
if required for the purposes of justice, be photographed and his
finger-prints taken on reception and subsequently, but no copy of
such photograph or finger-print shall be given to any person ex-
cept those officially authorised to receive it.

155. Admission of Infant with Mother. The child of a
woman prisoner may be received into prison with its mother,
provided it is at the breast. and any such child so admitted shall
not be taken from its mother until the Prison Medical Officer
certifies that it is in a fit condition to be removed. In all such
cases an authority from the committing Court for its admission
should accompany the prisoner on reception.

156. Clothing and Removal of Infants. When any child
admitted with its mother has attained the age of nine months,
31

the Prison Medical Officer shall report whether it is desirable or
necessary that it shall any longer be retained; but, except under
special circumstances, no such child shall be kept in prison after
it has arrived at the age of twelve months. Any such child
while in prison may be supplied, if necessary, with clothing at
the public expense.

157. Delivery of Body of Priscner Dying in Prison. Wher-
ever the relations of a prisoner who has died in prison of natural
causes are desirous of having the body of such prisoner delivered
to them for burial, they shall apply to the Keeper who,
after ascertaining from the Prison Medical Officer that it would
not be injurious to the public health to grant such request, may
deliver up the body and it shall be taken away from the prison
in a decent manner.

158. Time of Release. Prisoners shall be released on the day
on which the sentence expires, or on the previous day, when-
ever the sentence expires on Sunday, Christmas Day or Good Fri-
day. They shall be discharged at such hour of the day as the
Keeper thinks fit in the circumstances of the particular
case, but not later than five o’clock p.m. for residents in the town
of Plymouth and eleven o’clock a.m. for residents elsewhere.

159. Passage to Prisoners on Discharge. A prisoner resid-
ing anywhere in the Presidency other than in the town of
Plymouth may, on discharge, if the Keeper thinks it necessary, be
provided with free passage to the village nearest his place of abode.

bey fant “REEY |

160. Payment or Part-Payment of Fines, etc. by Prisoners.
(1) Where any person has been committed to prison by the Court
for non-payment of any sum of money adjudged to be paid by an
order such person may pay or cause to be paid to the Keeper
the sum mentioned in the committal warrant, together
with the amount of the costs. charges and expenses, if any, also
mentioned therein, and the Keeper shall receive the same and
thereupon, discharge such person, unless he is in his custody for
some other matter.

(2) Where a term of imprisonment is imposed by the
Court for non-payment of any sum adjudged to be paid by an
order, that term shall, on payment of a part of such sum to the
Keeper be reduced by a number of days bearing as nearly
as possible the same proportion to the total number of days in the
term as the sum paid bears to the sum adjudged to be paid.

FOOD, CLOTHING, AND BEDDING

161. Dietary. (1) Subject as hereinafter provided by
way of punishment, every prisoner shall be supplied with a suff.
32

cient quantity of plain and wholesome food in accordance with
Schedule B hereto, which may from time to time be varied by
order of the Governor in Council.

(2) No prisoner shall receive or have in his possession
any food other than the allowance authorised in Schedule B
hereto except —
(a) with the authority of the Governor in special
circumstances, or

(b) with the authority of the Prison Medical Officer if
a variation of diet is desirable on medical grounds
for an individual prisoner.

(3) The diet.of an individual prisoner who persistent-
ly wastes his food may be reduced on the written recommendation
of the Prison Medical Officer.

(4) The Keeper may award prisoners an extra
bread ration, not exceeding eight ounces, for special work done
in addition to the daily task.

(5) No prisoner shall be given or allowed to have any
intoxicating liquor except in pursuance of a written order of the
Prison Medical Officer specifying the quantity to be given and
the name of the prisoner for who it is intended.

162. Complaints as to Diet. A prisoner who has any com-
plaint to make regarding his diet, or who wishes it to be weighed
to ascertain whether it contains the authorised quantity shalt
make his request as soon as possible after the diet is handed to
him. and it shall be weighed in his presence and in that of the
oificer deputed for that purpose. Should, however, repeated
complaints of a groundless nature be made by any prisoner under
colour of this rule, with the evident purpose of giving annoyance
or trouble it shall be treated as a breach of prison discipline and
the offender will be liable to be punished accordingly.

163. Prison Dress. The prison dress of every convicted
prisoner shall consist of the following: for men, a shirt, a
merino, a pair of trousers, a belt, a cap, a handkerchief
and asleeping suit ; for women, a dress, a headkerchief, com-
bination under-clothes, a handkerchief and a night gown.
Additional under-clothing and slippers or shoes shall be
Supplied on the written authority of the Prison Medical Officer.

164. Private Clothing of Prisoners. The clothing of
prisoners shall be returned to them on their release, unless
it has been found necessary to destroy it, in which case they
shall be provided with clothes at the public expense.

165. Cell Furniture. Every prisoner shall be supplied
with —

(a) a wooden bunk ;
(b) a blanket ;

(c) a pillow ;

(d) a utensil.
33

Additional bedding shall be supplied on the recommendation
of the Prison Medical Officer.

PERSONAL CLEANLINESS AND HEALTH.

166. Washing, etc. Prisoners shall obey such regulations
and orders for their washing, bathing, hair-cutting, shaving
and exercise as may from time to time be established by the

Keeper with a view to the proper maintenance of health and
cleanliness.

167. Cleaning of Cells, Prisoners shall keep their cells,
utensils, clothing, books and bedding clean and neatly arranged,
unless provision for the performance of these duties is other-
wise made in accordance with the rules.

168. Cutting of Women Prisoner’s Hair. The hair of a
woman prisoner shall not be cut without her consent, except
by order of the Prison Medical Officer on account of vermin or
dirt, or when he deems it requisite on the ground of health.

169. Exercise. Prisoners shall be permitted to take such
exercise in the open air for the purposes of health as may be
ordered by the Prison Medical Officer : Provided that notwith-
standing anv other provision of these Rules prisoners who are
either excluded from labour (such as those under sentence of
death) or are not compelled to labour ( such as those awaiting
trial, committed for contempt of Court, for want of sureties,
nen-criminal debtors and first class misderneanants) shall be
given thirty minutes exercise every morning and afternoon.

RELIGIOUS AND SECULAR INSTRUCTION.

170. Bible and Prayer Book. (1) Every prisoner who can
read shall be furnished with a Bible and Prayer Book or with
such other religious bcoks of the denomination to which he be-
longs as the Keeper may deem necessary.

(2) Adequate arrangement shall be made for the
provision of religious ministration to all prisoners,

171. Divine Service. Every prisoner shall attend Divine
Service whenever it is performed within a prison, unless
specially excused, prevented by illness, or under punishment.
No prisoner shall be compelled to attend the religious service
of a denomination to which he does not belong.

172. Educational Classes. Provision may be made for
educational classes for the benefit of prisoners who are likely
to benefit thereby.

173. Unauthorised Books, etc., Prohibited. No books or
_ 84

printed paper shall be permitted in a prison for the use of the
prisoners except such as are sanctioned by proper authority.

VISITS AND COMMUNICATIONS

174. Special Letters and Visits. The Keeper may allow
any prisoner on admission or at any time during his
sentence to write and receive a special letter or letters and to
receive a special visit or visits in connection with any of the
following circumstances:—

(a) the death or serious illness of a near
relative;

(b) business or family affairs of an urgent nature;

(c) the payment or part-payment of any sum
which, in pursuance of any conviction or order,
he is required to pay to procure his release
from prison;

(d) arrangements for obtaining employment or
assistance from relatives or friends on dis-
charge.

175. Ordinary Letters. Every prisoner may be allowed to
write a letter on his admission and to receive a reply thereto,
and he may further be permitted to write and receive letters
at intervals of not less than two months.

176. Visits. A prisoner, cn his admission, may be allowed
a visit, and every two months thereafter may be allowed to
receive visits of fifteen minutes duration between 10.00 a.m.
and 4:00 p.m. from his relatives or friends not exceeding three
in number at the same time.

177. Forfeiture of Visits and Letters. The Keeper may
deprive any prisoner of a visit or writing a letter as pre-
scribed in Rules 175 and 176 for misconduct or breach of the
Prison Rules.

178. Official Supervision of Visits. Men prisoners shall be
visited in the sight and hearing of a male officer, and women
prisoners in the sight and hearing of a female officer.

179. Visit of Legal Advisers. The legal adviser of a
prisoner shall be allowed to see such prisoner, with reference
to any legal business, in the sight, but not in the hearing, of
a prison officer.

180. Visit of Police. A police officer not lower than the
rank of Corporal may visit any prisoner who is willing to see
him in the presence of a prison officer.
35

181. Non-Admission of certain Visitors. Any visitor to a
prisoner who introduces or attempts to introduce ‘any article
or money shall be refused re-admission and shall be liable
to prosecution, and any visitor who misconducts himself may
be summarily ejected. No person of loose or immoral
character shall be admitted on any account.

182. Reading of Letters. Every letter to or from a prisoner
Shall be read by the Keeper or by the Chief Officer, if
so instructed by the Keeper and it shall be within the
discretion of the Keeper to stop any letter on the grounds
that the contents are objectionable.

PUNISHMENTS.

183. Power to Punish. (1) When a prisoner has been
reported for an offence, the Keeper may order him to be kept
apart from other prisoners pending adjudication.

(2) No punishment or privation of any kind shall be
awarded except by the Visiting Committee or the Keeper and no
prisoner shall be punished until he has had an opportunity of
hearing the charges and evidence against him and of stating
his defence.

(3) Every cffence against prison discipline shall be
reported forthwith and the Keeper shall investigate such
reports not later than the following day, unless that day be a
Sunday cr public holiday.

184. Dietary and Corporal Punishment. Cellular punish-
ment, corporal punishment, or restriction of diet shall in no
case be awarded unless the Prison Medical Officer has certified
that the prisoner is in a fit condition of health to sustain it.

185. Punishment Awardable by Keeper. Any prisoner,
who shall disobey any proper order of an officer, or treat him
with disrespect, or be idle or negligent at his work, or behave
irreverently at Divine Service, or be guilty of swearing, or of any
indecent or immoral conduct, or assault, quarrel or hold in-
tercourse with ancther prisoner, or cause disturbance by
singing, whistling, or other noise, or leave or attempt to leave
his cell, ward or work without permission or disfigure the walls
or other parts of the prison by writing on them or otherwise,
or deface, secrete or destroy any paper or notice hung up
in the prison by proper authority, or have in his cell or possession
any article prohibited under Rule 148 or wilfully injure any
prison property, or commit 'any nuisance, or conduct him-
Self in any way to the prejudice of good order and prison
discipline, or malinger or feign disease, or disobey any of
the rules of the prison, shall be liable, after inquiry as set
cut in rule 183 to be punished by the Keeper as follows :—
36

(a) by celfular confinement, or Restricted Diet
No. 1 contained in Schedule C hereto, for any
term not exceeding three days;

(b) by deprivation of morning tea and bread, or
fish or meat for a period not exceeding seven
days;

(c) by imposing a period not exceeding fifteen
days on restricted Diet No. 2 contained in

Schedule C hereto;

(d) by exclusion from associated work for a
period not exceeding fourteen days;

(e) by reduction from a higher to 'a lower stage
or postponement of promotion to a higher
stage for a period not exceeding one month;

(f) by forfeiture of a number of remission days
not exceeding fourteen.

_186. Grave Offences Punishable by Visiting Justices. Any
prisoner who shall offer violence to an offier of the prison, being
in the execution of his duty, or shall escape or attempt to escape
from custody before being set at liberty by proper authority,
or shall be guilty of repeated offences against the Prison Rules, or
of grave misconduct to the due punishment of which the power
of the Keeper is inadequate, shall forthwith be reported
by the Keeper to the Visiting Committee, who shiall attend
at the prison and enquire into the charge upon oath in
the presence of the prisoner, and may, subject to the approval
of the Governor order him to undergo any of the follow-
ing punishments, in addition to or substitution for any other
punishment provided for by the laws relating to prisons for such
offences:—

(a) to be placed in cellular confinement on
Restricted Diet No. 1 contained in Schedule C
hereto, for any terms not exceeding fourteen
day: Provided that the cellular confine-
ment shall not be continuous for more than
seven days, and that an interval of seven
days shall elapse before a further period of
such cellular confinement is undergone; and
provided further that the said restricted diet
shall not be imposed for more than three days
continuously, with an interval of one day on
the diet to which the prisoner is entitled be-
fore it is again imposed and that, if the
cellular confinement exceeds seven days, an
interval of seven days must elapse on the diet
to which the prisoner is entitled before a fur-
ther term of restricted diet is imposed ;
37

(b) to forfeit a number of remission days not
exceeding one hundred and twenty ;

(c) to forfeit any gratuity earned or to be earned
or any part thereof.

187. Powers of Visiting Committee. The Visiting Com-
mittee may further with the approval of the Governor and after
inquiry upon oath in the presence of the prisoner, order corporal

punishment to be inflicted on male prisoners for the following
offences :—

(a) mutiny ;
(b) incitement to mutiny;

(c) gross personal violence to an officer of a
prison.

188. Infliction of Corporal Punishment. Corporal punish-
ment shall be inflicted in strict compliance with the provisions
of any law in force in the Presidency governing the infliction
ot corporal punishment for offences against prison discipline.

189. Witnesses to Corporal Punishment. Prisoners shalt
not be paraded to witness corporal punishment, which shall
be inflicted in the presence of the Keeper, the Prison Medical
Officer and such prison officers as the Keeper may think proper.

190. Record of Punishment. Every punishment inflicted
on a prisoner shall, with the statement of the offence and
the written certificate of the Prison Medical Officer where
necessary, be recorded in the “Prisoners’ Punishment Book.”

191. Prisoners’ Liability for Wilful Damage to Prison
Preserty. The money or any other property of a prisoner may
be ordered by the Keeper to be applied towards the repair of
any injury done by him wilfully to the prisonor or to prison
property or to any other property therein.

192. Punishment in Addition ts Deprivation or Remission.
No. punishment in connection with the remission system shall
exempt a prisoner from any other punishment to which he
would be liable for misconduct or breach of prison discipline.

EMPLOYMENT.

193. Employment of Prisoners. (1) Every prisoner unless
excused by the Prison Medical Officer on medical grounds shall,

from the beginning of nis sentence, be employed on usefui
work.

(2) No prisoner shall be employed on any class of
work unless he has been certified by the Prison Medical Officer
as fit for that class of work.
38

(3) Work shall be of three classes as follows:—
Ist Class.

Men : Trades, handicrafts, agriculture, farming and
such hard bodily labour as may, from time to
time, be appointed by the Keeper either with-
in or without the walls of the prison. The daily
tasks for stonebreaking shall be four bushels
cf stone of a size to pass through an
inch ring and a corresponding increase in quan-
tity according to any larger size. The daily
task for quarrying stones shall be fifteen cubic
feet.

2nd Class.

Men : Slightly less hard bodily labour as may, from
time to time, be appointed by the Keeper
either within or without the walls of the prison
and in the workshops. The daily tasks for
stone-breaking shall be three bushels of stone
of a size to pass through an inch ring, and a
cerresponding increase in quantity ‘according to
any large size. The daily task for quarrying
stone shall be twelve cubic feet.

Women: Cooking, laundry, sewing, sweeping and clean-
ing, sifting of stone, and such form of handi-
crafts as may be ‘appointed by the Keeper.
Women prisoners shall not work outside the
walls of the prison

3rd Class.
Men Light occupation within the prison in accord-
and ance with the directions of the Prison Medical

Women: Officer.

(4) No prisoner shail be employed on any work not
authorised by the Governor.

(5) No priscner shall, except in pursuance of special
rules, be employed in the service of any other prisoner, or of

any officer of the prison, or for the private benefit of any
person.

(6) No prisoner shall be employed in any disciplinary
capacity.

(7) Arrangements shall be made for the avoidance of
all unnecessary work on Sundays, Christmas Day, Good Friday,
and public holidays.

194. Daily Routine. (1) Except on Saturdays, prisoners
employed within the prison shall perform eight hours’ labour
daily on week days as follows:— From 7:00 a.m. to 4:00 p.m.
with an hour’s interval from 11:00 a.m. to 12 noon for lunch.
39

(2) Prisoners employed without the prison walls
shall leave for work at 7:00 a.m., cease work for lunch at
10:00 ‘a.m. and return to the prison at 4:00 p.m.

(3) On Saturdays work in the prison shall be
suspended and all outside gangs shall return to the prison at
2:00 p.m. for purposes of washing, shaving, hairclipping, etc.

195. Work in Cell. (1) If at any time it appears to the
Visiting Committee that it is desirable for the maintenance of
good order or discipline or that it is in the interest of a prisoner
that he should not be employed in association with others, the
eeper may be authorised iv arrange for him to work tem-
porarily in a cell and not in association.

(2) It shall be within the discretion of the Keeper
vo arrange for such prisoner to be employed in association again
whenever he considers this desirable, and he shall do so in any
case if the Prison Medical Medical Officer so advises on medical
grounds, or at the expiration of one month, unless further au-
thority is given from month to month by the Visiting Justices.

196. Disposal of Prisoners when not at work cr Exercise,
ete. Prisoners when not at work, or exercise, or attending
Divine Service shall be confined to their respective cells or
wards.

COMPLAINTS BY PRISONERS.

197. Requests ef Prisoners. (1) Any request by a prisoner
to see the Keeper shall be attended to by the officer to whom
it is made and conveyed without delay to the Keeper through
the Chief Officer.

(2) Applications by prisoners to see a member of the
Visiting Justices shall be recorded by the Keeper. Should
the ‘application require immediate attention a member
of the Visiting Justices shall at once be informed, otherwise
the prisoner shall be placed before them on their next visit
to the prison.

(3) The Keeper shall hear the ‘applications of all
the prisoners, who have requested to see him, daily at the

orderly room.
JUVENILES.

198. Juveniles. Juvenile prisoners sentenced to imprison-
ment shall be kept seperated from all other prisoners. The
Keeper shall report the circumstances to the Governor, forward-
ing the commitment and stating the age and previous convic-
tion as far as is known, with a view to the prisoner being dis-
posed of as may appear advisable.

REMISSION

199. Remission. Every Prisoner sentenced to a term of
imprisonment whether by one sentence or by consecutive
sentences for a period exceeding one month shall become
40

eligible for unconditional release when he shall have completed
two-thirds of the said term of imprisonment in addition to any
number of days forfeited under rules 185, 186 and 192 of these
Rules:—

Provided that nothing in this rule shall authorise the
reduction of a period of imprisonment to a period less than
thirty-one days.

200. Award of Extra Remission by Governor. Extra re-
mission may be granted to ‘any prisoner by the Governor, on
the recommendation of the Keeper, for any special service.

201. Stages. (1) There shall be three stages : first, second
and third. Every prisoner shall pass through these stages or
through as many of them as the term of his imprisonment
‘admits. The promotion of a prisoner from stage to stage shall
be gained by industry and good conduct.

(2) The Keeper shall have the power to postpone
promotion of any prisoner to a higher stage or to reduce
such prisoner to a lower stage if he thinks that miscenduct or
lack of industry on the part of the prisoner warrants such
action.

First Stage. Prisoners on admission, shall be put in
the first stage for the first three months of their sentence. They
shall wear ordinary prison dress and be treated in accordance
with the general rules for prisoners. They shall be allowed
to earn other privileges which the Keeper may accord to
prisoners in this stage.

Second Stage. Prisoners, after having served the first
three months of their sentence, shall be promoted to the second
stage and shall remain therein until they shall have served
the first nine months of their sentence. They shall wear or-
dinary prison dress with the addition of one blue stripe on
“he left sleeve above the elbow. They shall be eligible for all
privileges accorded to prisoners in the first stage and any ad-
ditional privileges which the Keeper may accord to prisoners
in this stage.

Third Stage. Prisoners, after having served the first
nine months of their sentence, shall be promoted to the third
stage and shall remain therein for fhe remainder of their
sentence. They shall wear ordinary prison dress with the ad-
dition of two blue stripes on the left sleeve. They shall be
eligible for all the privileges accorded to prisoners in the second
stage and ‘any additional privileges which the Keeper
may accord to prisoners in this stage.

202. Aid en Discharge. Prisoners who have been sentenced
to imprisonment for a term of or exceeding six months shall
be granted on discharge financial aid from a fund set aside
for that purpose at the rate of twenty-four cents per month of
sentence served. The Keeper may, in his discretion increase
AI

Such aid according to the needs and prospects of rehabilitation
of the individual cases.

CLASSIFICATION.

203. Classes of Prisoners. (1) With a view to facilitating
the training of convicted prisoners and to minimising the danger
ot contamination, the Keeper shall ciassify them in accordance
with the following provision :—

(a) Star Ciass. Those who are in the prison for
the first time or those whose previous sen-
tences were for trivial cffenecs and whos?
characcer is otherwise good shall wear a red
star on the le‘t shirt sleeve, above the elbow,

shall cecupy cells in a part of the prison es-
eciaily set apart, and be worked in association
und, when practicable, apart from hardencd
criminals. Their cell badge, worn on the lefé
breast, shall be white.

'T te

©



tb) mary Class. All convicted prisoners not
in t y class shali be placed in the ordin-
Theiy cell badge, worn on the left

>) Youn, Peiserers. Convicted prisoners under
years Of age shail be placed in the young
3 ' Class, and, as var as faciiivies perraic,

craploycd separately from adile

21 y
Pris



(2) The Keener in his discretion, exclude or
remove from the star clas “ prisoner whose character or
conduct renders him unfit to associate with other prisoners of
that class.





PART V
SPECIAL RULES FOR PARTICULAR CLASSES OF PRISONERS
PRISGNERS UNDER SENTENCE OF DEATH

204. Search and Medical Repsrt. (1) A prisoner under
Sentence of death shall, immediately on his reception at the
prison, be specially searched and every article shall be taken
‘rom him which the Keeper deems dangerous or inexpedient
to be left in his possession.

{2) In the case of a prisoner under sentence of death,
if it appears to the Governor either by means of a certificate
signed by two members of the Visiting Committee, or
42

by any other means, that there is reason to believe such
prisoner to be insane, the Governor shall appoint a special
medical board composed of two or more government medical
officers to examine such prisoner and enquire as to his in-
Sanity and after such examination and enquiry the Board
shall make a report in writing to the Governor as to the in-
Sanity of the prisoner and the Board, or the majority of the
Board, may certify in writing that he is insane.

205. Confinement and Observance. (1) A prisoner un-
der sentence of death may be visited by such of his relations,
friends and legal ‘advisers as he may desire to see, and if any
person makes it appear that he has important business to
transact with the prisoner such person may have a conference
with the prisoner on getting permission, in writing, from the
aseeper. Such conference, when permitted shall take place in
the presence ef the Keeper or the Chie’ Officer.

(2) A prisoner under sentence cf death shall be con-
fined in a cell apart from all other prisoners and shall be placed
by day and night under the constant charge of an officer. He
shall be allowed special facilities to correspond with his legal
advisers, his relatives and friends.

206. Visitors Liable to be Searched. Any person holding
communicaticn with ‘a prisoner under sentence of death shall,
at the discretion of the Keeper, be liable to be searched.

207. Attendance at WPreeoll- 3s, During the preparation
for an execution and the sime of the execution no person shall
enter the prison or place of execution who is not legally en-
titled to do so, unless in pursuance of an order, in writing, from
the Keeper.

208. Food and Exercise. A prisoner under sentence of
death shall be allowed such dietary and amount of exercise
as the Prison Medical Officer, with the approval of the Keeper,
may direct.

209. Religious Ministration. A Minister of his religious
persuasion, or any Minister of Religion whom he may desire
to see, shlall have free access to a prisoner under sentence of
death at all reasonable hours.

OFFENDERS OF THE FIRST DIVISION

210. First Division Prisoners. Persons committed to
prison :—
(a) under ‘any rule, order or attachment for con-
tempt of Court ; or
(ob) for default in payment of any non-criminai
debt or for non-payment of any tax or rate,
shall be placed in the first division.
43

211. Cutting of Hair. First division prisoners shall not be
compelled to have their hair cut or to shave except when the
Prison Medical Officer deems it necessary on the grounds of
health or cleanliness, and their hair shall not be cut closer
than may be necessary for such purposes.

212. Clothing. (1) First division prisoners may be be per-
mitted to wear their own clothing and have necessary changes
supplied from time to time provided that —

(a) the clothing is sufficient and suitable ;
(b) it is disinfected if the Prison Medical Officer
so requests.

(2) If they do not provide their own clothing they
shall wear prison dress of blue with the figure 1 stamped on
the left sleeve of the shirt, above the elbow.

213. Bedding. The Keeper may on application of any
first division prisoner (if having regard to his ordinary habits
and conditions of life he thinks sucn special provision should
be made) permit him to have at his own cost the use of private
bedding, necessaries, or furniture; but such privileges shall
be withdrawn on any abuse thereof, or misconduct on the part
of any such prisoner.

It unprovided with bedding, such prisoners may, at
the discretion of the Keeper, be allowed a fibre pillow, a blanket,
and a mattress.

214. Feod. First division rrison:..s shall be allowed to
procure food for themselves at t>7ir cv > expense and to receive
same at prescribed hours, subice! «> stv.co examination. This
privilege may at any time, be withdrawn by the Keeper on
proof of abuse thereof. They shall not be allowed any prison
diet when providing themselves with food, but if not otherwise
provided for, they shall be allowed prison diet as prescribed by
Schedule B to these Rules.

215. Visits and Letters. (1) If their conduct and industry
are satisfactory first division prisoners may be permitted to
be visited once a week by not more than two relatives or friends
at the game time for a period of fifteen minutes between the
hours of 10:00 a.m. and 2:00 p.m. on week days. They may
also be allowed to write and receive one letter a week.

(2) Visits shall be in the sight and hearing of a prison
officer. Letters shall be subject to inspection by the Keeper ‘and
may be refused, if objectionable.

216. Books, Newspapers, etc. First division prisoners may
be permitted to have supplied to them, at their own expense,
pooks, newspapers or other means of occupation except such
as are, in the opinion of the Keeper, of an objectionable
kind. This privilege may be withdrawn by the Keeper on proof
of abuse thereof.


44

217. Accommodation. First division prisoners shall be
ae in such part of the prison as may be set apart for
nem,

218. Class of Work. First division prisoners shall be re-
quired to work within the prison at work of the 2nd Class.
When practicable they shall work apart from other convicted
prisoners but, should this be impracticable, the Keeper shail
endeavour to minimise the risk of contamination and the loss
ct self-respect to this class of prisoner.

219. Subject to General Rules. First division prisoners
shall be subject to the general rules for prisoners except so
far as the same are inconsistent with Rules 211 to 218 hereof.

OFFENDERS OF THE SECOND DIVISION.

220. Secend Divisicn Prisoners. Persons committed to
prison for default of entering into recognizances or finding
sureties for keeping the peace or for being of good behaviour
unless they are convicted prisoncrs, shall be called second
division prisoners.

221. Dress. Second divisicn prisoners shall wear prison
dress of blue with the figure 2 stamped on the left sleeve o: the
shirt above the elbow.

922. Visits and Letters. (1) If their conduct and industry
are »atisfactory second division prisoners may be permitted to
be visited once a month by not more than two relatives or
friends at the same time for a pericd of fifteen minutes between
the hours of 10:00 a1. and 2:00 p.m. on week days. They
may be allowed to write and receive one letter 'a month.

(2) Visits shall be in the sight and hearing of a
prison officer. Letters shall be subject to inspection by the
Keeper and may be refused, if cbjectionable.

223. Work. Second division prisoners shall be required to
work, but not cutside the prison.

224. Subject to General Rules. Second division prisoners
shall be subject to the general rules for prisoners except so
far as the same are inconsistent with Rules 221 to 223 hereof.

UNCONVICTED PRISONERS.

225. Unconvicted Prisoners. Persons committed to prison
for safe custody in any of the following circumstances:—

(a) on commitment for trial for any indictable
offence ;
45

(b) pending the preliminary hearing before a
Magistrate of a charge of any indictable
offence, or pending the hearing of an in-
formation or complaint; :

(c) on commitment to await the hearing of an
appeal or who, after admission as a convicted
prisoner shall enter an appeal against such
conviction or sentence ;

(d) on commitment to await extradition ;
shall be called unconvicted prisoners.

226. Cutting of Hair. Unconvicted prisoners shall not be
compelled to have their hair cut or to shave except when
the Prison Medical Officer deems it necessary on the grounds
of health or cleanliness and their hair may not be cut closer
than may be necessary for such purposes.

227. Clothing. (1) Unconvicted prisoners may be per-
mitted to wear their own clothing and have necessary changes
Supplied from time to time: Provided that —

(a) the clothing is sufficient and suitable;
(b) it is not required for the vurpose of justice ;

(c) it is disinfected, if the Prison Medical Officer
so requires.

(2) be required to wear a blue prison dress.

228. Bath. Unconvicted prisoners shall not be required to
take a bath on admission and at the prescribed times, if on the
application of any such prisoner the Keeper shall decide
that it is unnecessary, or the Prison Medical Officer shall think
it unadvisable on medical grounds.

229. Food. Uncenvicted prisoners shall be allowed to pro-
cure food for themselves at their own expense and to receive same
at prescribed hours and subject to strict examination. The pri-
vilage may, at any time, be withdrawn by the Keeper on
proof of abuse thereof. They shall not be allowed any prison
diet when providing themselves with food but, if not otherwise
provided for, they shall be allowed prison diet as prescribed by
Schedule B to these Rules.

230. Visits. (1) Unconvicted prisoners shall be permitted
to be visited on any week day between the hours of 10:00 a.m.
and 2.00 p.m. by not more than two relatives or friends or legal
advisers at the same time for a period of fifteen minutes. The
Keeper may in any special case or for special reasons. pro-
long the period of the visit or allow them to be visited by more
46

than two persons at the same time, such interviews to be in the
presence and hearing of a prison officer, except in the case of legal
advisers, when the interview shall be in the sight, but_not in the
hearing of a prison officer.

(2) An unconvicted prisoner shall, if necessary for the
purpose of his defence, be allowed to see a registered medical
practitioner appointed by himself or by his friends or legal ad-
visers, on any work day at any reasonable hour, in the sight but
not in the hearing of a prison officer.

231. Letters. Any unconvicted prisoner shall be allowed
to communicate by letter with his relatives, friends or legal ad-
visers. Any confidential written communication prepared as
instructions for his legal adviser may be delivered personally
to him or his authorised clerk without being examined by the
Keeper, unless the Keeper has reason to believe that it contains
matter not relating to such instructions. All other communica-
tions shall be subject to inspection by the Keeper, and may be
refused, if objectionable.

232. Books, Newspapers, Etc. Unconvicted prisoners may
be permitted to have supplied to them, at their own expense,
such books, newspapers or other means of occupation, other than
those furnished by the prison as are not, in the opinion of the
Keeper, of an objectionable kind.

233, Decuments in Connection with Defence. Unconvicted
prisoners may, on application to the Keeper, be permitted
to receive any books, papers or decniments require:t for the
preparation of their defence.

234. Abuse of Privileges. Such of the special privileges as
are allowed by Rules 229 to 231 may be forfeited for any abuse
thereof, except in the cases of visits and letters required for the
purposes of securing bail or preparing a defence.

235. Accommodatisn. Unconvicted prisoners shall be con-
fined in such part of a prison as may be set apart for them, and, as
far as the circumstances of a prison allow, shall be kept entirely
separate from other prisoners.

236. Exercise, Etc. Unconvicted prisoners shall be allowed
such exercise as may be laid down for them from time to time
by the Keeper and shall at all times, except when at exercise or
attending Divine Service, or when permitted to work, occupy the
-eells assigned to them.

237. Computatien of Sentence. The time served by a pris-
oner before entering his appeal (as in paragraph (c) of Rule 225)
shall be taken into account in computing the length of his sen-
tence, should such sentence be confirmed by the Court of Appeal.

238. Work Optional. Unconvicted prisoners shill not be
47

required to work but may, with their own consent, at the discre-
tion of the Keeper, be employed within a prison. If employment
apart from convicted prisoners is impracticable. they may be
associated with this class of prisoner should they so elect.

239. Subject to General Rules. Unconvicted prisoners
shall be subject to the general rules for prisoners except so far
as the same are inconsistent with Rules 226 to 238 hereof.

APPELLANTS

240. Appellants. (1) Where under rule 40 of the Wind-
ward Islands and Leeward Islands Court of Appeal Rules, 1940
(S.R. & O. 1940 No. 22) an appellant who is in custody is enti-
tled as of right or by leave of the Court of Appeal for the Wind-
ward Islands and Leeward Islands (hereinafter referred to as
“the Court’) to be present at the final hearing of his appeal or
on any application for leave to appeal or on any proceedings pre-
liminary or incidental to an appeal, the appellant shall be taken
to, kept in custody at, and brought back from, the Court or other
place to which the Court or a Judge thereof may order him to be
taken for the purpose of any proceedings of the Court, by a po-
lice officer.

(2) An appellant who is absent from prison in connec-
tion with his appeal shall during such absence be permitted to
wear his own clothes, or clothing different from prison dress.

(3) An appellant shall be treated in the same man-
ner as an unconvicted prisoner for the purposes of rules 231, 232,
and 233 of these Rules and shall be permitted to see his legal ad-
viser in connection with his appeal on any working day at any
reasonable hour, in the sight but not in the hearing of a prison
officer.

PART VI
RULES TO BE OBSERVED IN CASE OF FIRE

241. Summoning of Officers. If any part of a prison is
found to be on fire, or in danger from fire, the Keeper
shall immediately be communicated with whether the fire be at
once extinguished or not. If it is not at once extinguished all
officers, sleeping in or living near the prison, shall at once be
summoned by the alarm bell and keys shall be issued to them.
Notice shall also be given to the Police at Headquarters by tele-
phone, and, if possible, to the Governor.

242. First Consideration. If a fire occurs in any building
occupied by prisoners or contiguous thereto, safety of life is the
first matter to be attended to; the secure custody of the prisoners
and steps for extinguishing the fire shall be the next considera-
tion. The prisoners shall at once be removed to the yard or
48

other place of safety, the Keeper using his discretion as to the
use of shackles or handcuffs.

243. Fire in Infirmary. If the fire is in the infirmary, the
patients shall be removed to some portion of the building or some
other place out of danger and shall be provided for as comfortably
as circumstances will admit.

244. Prevention of Draughts. All doors and windows shall,
if possible, be kept closed, to prevent draughts adding intensity
to the flames.

245. Lighting of Yard. If the fire occurs at night, the
whole of the yard shall be lighted up, as far as practicable, and
held in readiness to receive prisoners.

246. Stores and Records. After due attention has been paid
to the life and safe custody of the prisoners, the prison stores and
records shall receive attention for the purpose of preventing loss
or damage through fire or water.

247. Firebuckets and Hand Grenades. Buckets, always to
be kept filled, some with water and some with sand, and fire-ex-
tinguishing hand grenades shall be kept ready for use in easily
accessible positions in different parts of the men’s and women’s
prisons.

248. Commencement. These Rules shall come into opera-
tion on the 1st day of July, 1956.

Made by the Governor in Council this 20th day of Jur»
1956.

J. H. CARROTT,
Clerk of the Council.
Here state condi-
tion and whether
treatment or
operation is recom-
mended.

Hure state
which Hospital.

Here state the
treatment or
operation.

Here delete
words not
required.

49

SCHEDULE A.
(Rule 60). Her Majesty’s Prison, Basseterre.
REMOVAL OF PRISONER TO HOSPITAL UNDER

SECTION 13 (2) (b) OF THE PRISON ORDINANCE,
1955.

Name ........ 0... cece eee eee Age on conviction....

COULt Loc eect tenn teen ee eenes

OFFENCE 2... eee eee eee n ene e ene

Sentence ......... 0. cece eee Date ...........004-

Number of previous convictions ...............0 0c eens
(1)

I have the honour to report that the above-named
prisoner ‘5 suffering from

I reconinend removal to

and certify that he is in a fit state of health to be
removed.

The prisoner is willing to undergo
and understands that removal does not mean dis-
charge.

Prison Medical Officer.
(2)

Submitted and recommended. I consider that
judging from ths prisoner’s past record and from his
bchaviour in prison a guard will be required,

Will not be
and I have arranged accordingly.

Transfer approved.
Commissioner.
(4)
Progress in hospital of prisoner to be recorded
after each month of absence on this paper.
Medical Superintendent of Hospital.
(5)
The prisoner was transferred to hospital on
Returned to prison on....

19 ......
50
‘(Rule 161)

SCHEDULE B.

DAILY DIETARY SCALE

A. Ordinary Diet
1. (a) Week days
() Early parade (6:15 a.m.)
6 ounces bread
Y% ounce skimmed milk powder
14% ounces sugar
Y ounce cocoa.

Limes if available should be issued at Early parade three
times weekly.

(ii) Forenicoon Parade (10:00 a.m.)

4 ounces bread

1% ounces sugar

1 pint porridge

Y% ounce skimmed milk powder.
One guava or other fresh fruit when available.
(bo) Sundays

Breakfast (8:00 a.m.)

8 ounces bread

Â¥, ounce skimmed milk powder

2Â¥% ounces sugar

Â¥% ounce cocoa.

(2) Dinner
Two days a week 8 ounces fresh soup meat
4 ounces beans or p°as
1 ounce flour
16 ovuees yellaw sweet potato
When yellow swseet potato is not available there
may be substituted 15 ounces sweet potato or
other starchy root (yam, tannia, eddo, dasheen
etc.) and
2 ounces carrots or spinach or
7 ounces sweet potato (or other starchy
root) or
4 ounces pumpkin and
1% ounces flour.

Three days a week 5 ounces salt fish
9 ounces cornmeal or rice
vy ounce margarine
4 ounces pumpkin
When pumpkin is not available there may be sub-
stituted 2 ounces Carrots or dark green leaves
(Spinach, etc)
Two days a week 2 ovnces salt pork
4 ounces peas or beans
4 ounces yellow sweet potato
8 ounces bread.
51

SCHEDULE C.

Rules (185 and 186)

(a)

(b)

(c)

(d)

(a)

(b)

RESTRICTED DIETS
NO. 1 DIET.

This diet, when given for a period of three days or less, shall
consist of one pound bread per diem with water.

This diet, when given for more than three days shall be as
stated in rule 186 (a).

No task of labour shall be enforced o2 any one of the days
on which bread and water constitute the sole food supplied
to the prisoner who may, nevertheless, be allowed the option
ot performing suitable labour in the cell.

No prisoner who has been on No. 1 diet shall be placed upon
this diet for a fresh offence until an interval has elapsed
equal to the period already passed by the prisoner on No. 1
diet.

No. 2 DIET.

This diet, when given for a period of 15 days or less, shall
consist of:—

Tea ...... Bread, 8 ounces with water.
Breakfast .... one pint of cornmeal

gruel containing 3 ounces cornmeal

and flavoured with salt. Bread, 8

ounces with water, Potatoes, 8 ounces with water.

Supper .... Bread, 8 ounces with water

If a prisoner while on No. 2 diet should be guilty of miscon-
duct, No. 2 diet may be temporarily interrupted and the
prisoner may be placed on No. 1 diet for a period not exceeding
three days; on the expiration of the period awarded on No. 1
diet the prisoner shall resume the diet originally ordered and
the period passed upon the No. 1 diet shall count as part
of the period originally amended on No. 2 diet provided that
no prisoner who has been on No. 2 diet for a period of 15 days
continuously shall be again placed on either No. 1 or No. 2
diet until after the expiration of one week.

Printed by the Voice Publishing Co. (1953) Ltd.. Bridge St., Castries, St. Lucila
LEEWARD ISLANDS.

VIRGIN ISLANDS.

STATUTORY RULES AND ORDERS,
1956, No. 18.

' Proclamation dated June 7, 1956, bringing into opera-
.tion the Leprosy Ordinance, 1956.

BY THI ACTING COMMISSIONER
OF THE PRESIDENCY OF THE
VIRGIN ISLANDS.

A PROCLAMATION.

EK. A. Everyn,
Acting Commissioner.

WHEREAS by section 31 of the Leprosy Ordinance,
1956, it is provided that the said Ordinance shall come into
operation on a date to be appointed by the Governor by
Proslamation published in the Gazette.

NOW, THEREFORE, I, Epwarp Artraur Evezyy,
the Officer for the time being administering the Government
of the Presidency of the Virgin Islands do by this my Procla-
mation declare that the said Ordinance shall come into operation
on the Ist day of July, 1956.

AND all Ber Majesty’s loving subjects in the Presidency
of the Virgin Islands and all others whom it may concern are
hereby required to take due notice hereof and to give their
ready obedience accordingly.

GIVEN at the Commissioner's Ojice, Tortola in
the Virgin Islands this 7th day of June,
1956 and in the fifth year of [ler Majesty’s
relgn.

GOP SAVE THE QUEEN !

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

47/00417—480—6.56. Price 3 cents.
LEEWARD ISLANDS.

VIRGIN ISLANDS.



STATUTORY RULES AND ORDERS.
1956, No. 28.

Proclamation dated June 4, 1956, bringing into operation
the Education Ordinance, 1955.

BY THE ACTING COMMISSIONER OF THE
PRESIDENCY OF THE VIRGIN ISLANDS.

A PROCLAMATION.

i. A. Everyn,
Acting Commissioner.

WHEREAS by section 84 of the Education Ordinance,
1955, it is provided that the said Ordinance shall come into
operation on such day as the Governor may appoint by
Proclamation published in the (race/ie.

NOW, THEREFORE, 1, Epwaerep Artsur EvELyn,
the officer for the time being administering the Government of
the Presidency of the Virgin Islunds do by this my Proclama-
tion declare that the said Ordinance shall come into operation
on the 30th day of June, 1956.

AND all Her Majesty’s loving subjects in the Presidency
of the Virgin Islands and all others whom it may concern are
hereby required to take duc notice hereof and to give their
ready obedience accordingly.

GIVEN at the Commissioner's Office at Tortola in
the Virgin Islands this 4th day of June, 1956,
and in the fifth year of Her Majesty’s reign.

GOD SAVE THE QUEEN !

ANTIGUA.
Printed ai the Governinent Printing Office. Leeward Islands
by Earn Preort, Acting Coverninent Printer._By Authority.
1056,

28/41—480—0.56. Price 3 conta.
LEEWARD ISLANDS.

VIRGIN ISLANDS.

1956, No. 24.

PROCLAMATION DATED 18Ti JUNE, 1956, pucLanine Monpay,
Tur np Juty, 1956, a Posnic Honipay iN THE VIRGIN
ISLANDS TO COMMEMORATE THE CONSTITUTION OF THE
Prestpency oF THE VirGIN ISLANDS AS A’ SEPARATE
COLONY.

BY THE ACTING COMMISSIONER OF THE
PRESIDENCY OF THE VIRGIN [SLANDS.

A PROCLAMATION.

i. A. Everyn,
Acting Comimasstoner.

WHEREAS it is provided by section 6 of the Public
Holidays Act, 1951 (No. 19 of 195-4) that it shall be lawful
for the Governor from time to time with the advice of the
Executive Council of a Presidency to issue a Proclamation
appointing a special day or part of a day to be reserved as a
public holiday in such Presidency:

AND WHEREAS bv. section § of the said Act it is
provided that for the purposes of sections 6 and 8 of the said
Act the expression “ Governor chal] mean the Officer for the
time being administering the Government of a Presidency:

AND WHEREAS it is farther provided by section 9 of
the Leeward Islands (Miscellaneous Provisions) Order in
Council, 1956 (Imp.) that save as otherwise provided by or
under tha said Order, nothing in the Order shall affect the
validity or future operation of anything done by any person or
authority in the Leeward Islands before the appointed day:

AND WHEREAS the first day of July, 1956 is by the
said Order appointed for the purposes of the Leeward ied:
Act, 1956 (4 & 5 Eliz. 2 ch. 23) which constitutes the Presi-
dencies of the Leeward Islands separate colonies:
2

NOW THEREFORE, I, Epwarp Arraur Evezyn, the
Officer for the time being administering the Government of the
Presidency of the Virgin Islands, in exercise of the powers vested
in me by the said Public Holidays Act, 1954, and otherwise, and
with the advice of the Executive Council of the said Presidency,
do hereby appoint Monday the 2nd day of July, 19356, as a
special day to be reserved as a Public Holiday in the said
Presidency, under and in accordance with the said Public
Holidays Act, 1954 to commemorate the constitution of the
said Presidency of the Virgin Islands as a separate colony,
and [ do by this my Proclamation command the said day
to be so reserved and kept.

AND all Her Majesty’s loving subjects in the said Presi-
dency and all others whom it may coucern are hereby required
to take due notice hereof and to govern themeelves.accordingly.

GIVEN under my hand at the Commissioner’s
Office at Tortola in the Virgin Islands this 18th
day of June 1956 and in the fifth year of Her
Majesiy’» reign.

GOD SAVE THE QUEEN !

ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by Earn Pigort, Acting Government Printer.—By Authority.
1956,
47/00058—II—480—6.56. Price 4 cents.


LEEWARD ISLANDS
VIRGIN ISLANDS

STATUTORY RULES AND ORDERS.
1956 No. 25

PRISON

THE PRISON RULES, 1956, DATED 19th JUNE 1956, MADE BY THE
GOVERNOR IN COUNCIL UNDER SECTION 28 OF THE PRISON
ORDINANCE, 1954 (No. 12/1954).



PART I.
PRELIMINARY.

1. Short Title. These rules may be cited as the Prison
Rules, 1956.

2. Interpretation. In these Rules unless the context
otherwise requires—

“appellant” has the same meaning as in the Windward
Islands and Leeward Islands Court of Appeal Rules,
1940 (S.R. & O. 1940 No. 26) ;

“Keeper” means the officer appointed under section 7
(1) of the Ordinance to be in charge of the prison
and who shall be styled the Keeper of the Prison;

“prison” means the buildings and premises in the
Presidency now used as a prison ‘and any other
place declared to be a prison under the provisions
of section 2 of the Ordinance;

“prisoner”? has the meaning assigned to it in the Or-
dinance;

“Prison Medical Officer”? means the medical officer for
the prison appointed under section 7 (2) of the
Ordinance;

“ subordinate officer ” means any prison officer other than
the Keeper and the Prison Medical Officer;

“Visiting Committee” means the Visiting Committee
appointed under rule 3 of these Rules;

“ Schedule ” means schedule to these Rules;
“the Ordinance” means the Prison Ordinance, 1954.
2

3. Visiting .Committee. (1) The Governor shall by
warrant under his hand in the form Specified in Schedule A
appoint a Visiting Committee for the prison consisting of three
or more Justices of the Peace of the Presidency. He shall also

appoint a chairman and, if necessary, a vice-chairman of the
Committee.

(2) The Visiting Committee may arrange a rota oi
attendance at the prison for the purpose of carrying out the
duties assigned to it under these Rules.

(3) The members of the Visiting Committee shall hold
cffice for three years and shall be eligible for re-appointment
at the expiration of their term of office.

(4) Subject to the provisions of rule 147 of these
Rules two members of the Visiting Committee shall constitute
& quorum for the transaction of business.

(5) The Visiting Committee shall co-operate with the
Keeper in promoting the efficiency of the prison and shall make
inquiry into ‘any matter specially referred to them by the
Governor and report to him their opinion thereon.

(6) The Visiting Committee shall assist the Keeper
with advice and suggestions as to the employment, education
and recreation of the prisoners.

(7) The Visiting Committee shall visit the prison at
least once in each quarter and shall consider periodically the
character, conduct and prospects cf each prisoner, shall inquire
into the treatment of the prisoners, and shall hear and investi-
gate any applicaticn »ich 2 + nviserer may desire to make
and report thereon to the Ssove was,



(8) The Visiting Committee or any member thereof
may at any time enter the prison and shall have free access
to all parts of the prison, to all prison records and to ail
prisoners, and may see any such prisoners as the Committee
or a member thereof may dosire either in their cells or in a
room out of sight and hearing of the Keeper or any sub-
ordinate officer.

(9) The Visiting Committee shall take cognisance of
and adjudicate upon offences committed by subordinate officers
in accordance with the provisions of rule 33 of these Rules.

PART II

PRISON OFFICERS.
THE KEEPER



4. Residence, Empleyment, Etc. of Keeper. (1) The
Keeper shall have the general control and management
of a prison ‘and shall reside in such quarters as may be
assigned to him by the Governor. He shall not follow or be
3

concerned in any other occupation or trade, unless specially
authorised by the Governor. He shall not derive, directly or
indirectly, 'any emolument or benefit, pecuniary or otherwise
from the Supplies furnished for the use of the prison, or from
the sale of any article produced in the prison. He shall not
fet for hire any portion of his quarters or any part of the
prison buildings or grounds.

_. (2) He shall be allowed medical attendance and
medicine for himself at the public expense.

__9. Absence. The Keeper shall not absent himself for a
night from the quarters assigned to him without the permission
of the Administrator.

6. Observance and Enforcement of Prison Laws. The
Keeper shiall conform to the provision of these Rules and
of all the Jaws relating to the prison, and shall require
obedience to the same from all subordinate officers, and
enforce them on the prisoners. He shall be responsible for
every relaxation or infringement of such rules and laws.

7. Enspectien of Prison. The Keeper shall inspect every
part of the men’s prison, and see every prisoner at least once in
every twenty-four hours, and shall in like manner inspect
the women’s prison at least twice a week, and in default of such
inspections shall state in his journal how far he has omitted
them, and the cause thereof. He shall at least five times in each
month go through the men’s prison at an uncertain hour of
the night, which visit, with the hcur and state of the prison
at the time, he shall record in his ioavrnal. When visiting the
women’s prison he shall be eceomr. ved by the matron. He
shall not allow any one to cnter ov ‘cays the prison between
the hours of locking et night and unlocking in the morning,
except the Governor, or members of the Visiting Committee:

Provided that this rule shall not apply to the admission
cf prisoners unavoidably brought to the prison at night, or to
prisoners who have to be transported to hospital.

8. Inspection of Cells. The Keeper shall at least once
in every twenty-four hours visit each cell at the prison in
which a prisoner is undergoing cellular confinement, and shall
see that every prisoner under punishment is visited, during the
day, at intervals of not more than three hours by the appointed
officer.

9. Medical Certificate Prior to Punishment. The Keeper
shall take care that no prisoner is subjected to any corporal,
cellular, or dietary punishment which the Prison Medical
Officer has not certified that he is capable of undergoing.



10. Prohibition of Unauthorised Person Sleeping in Prison.
The Keeper shall not ‘allow any person unconnected with the
prison to sleep therein, without the written permission of the
Governor.
4

11. Communication with Prisoners. The Keeper shall
not permit any person, not being an officer to have any com-
munication with any prisoner, except as provided by these
rules.

12. Precaution against Escape and Fires. The Keeper
shall take every precaution to guard against the escape of
any prisoner, and ‘shall cause a daily examination to be made
of all cells, bars, bolts and locks, etc. In the event of an escape
being effected, he shall immediately report it to the Governor
and to the Police. He shall also adopt proper precautions
against fire.

13. Escape of Prisoners. The Keeper shall enquire into
the escape of any prisoner and the conduct of the prison officers
in charge at the time.

14. Inspection of Supplies. The Keeper shall satisfy
himself that the food, clothing and other supplies furn-
ished by the contractors are wholesome and good, and are
in quality, description, and weight, in accordance with the re-
quisitions and contracts and shall reject all supplies which
are not satisfactory. All contractors’ accounts for articles
supplied shall be certified by him and he shall frequently
inspect the diets of prisoners and see that they are of the
proper description, quantity and quality.

15. Prisoners’ Complaints. The Keeper shall at all
reasonable times be ready to hear the complaints of any
prisoner and, should he deem it necessarv, shall report the
same to the Visiting Committee. All such complaints shall
be entered in his journal.

16. Mechanical Restraint of Prisoners. The Keeper
shall in cases of urgent necessity, have power to place ‘a
prisoner under mechanical restraint, but no such prisoner shall
be kept under mechanical restraint for a longer period than
twenty-four hours, unless his conduct is such as to render it
absolutely necessary, when the restraint may be continued with
the sanction of the Governor.

17. Circumstances and Type of Mechanical Restraint.
Mechanical restraint shall only be resorted to in extreme cases,
not as a punishment, but in order to prevent acts o: violence.
No mechanical restraint shall be used except of such patterns
as shall have been approved by the Governor.

18. Notification of Illness of Officer or Prisoner. The
Keeper shall report to the Prison Medical Officer, without
delay, the sudden illness of any officer or prisoner, and
shall acquaint him, with the names of all prisoners who com-
plain of illness or are undergoing cellular confinement. He
shall report to the Prison Medical Officer any case of insanity
or apparent insanity occuring ‘amongst the prisoners, or any
5

case in which the life of any prisoner seems to him likely to be
endangered by further continuance in prison or by the discipline
thereof.

19. Observance of Medical Officers’ Orders. The Keeper
shall carry or cause to be carried into effect any orders of the
Prison Medical Officer with reference to health and cleanliness.

20. Notification of Clergyman. The Keeper shall give
notice to 'a minister of the religious denomination to which
any prisoner belongs in any case where he is informed by the
Prison Medical Officer that the life of such prisoner appears
to be in danger.

21. Notification of Relatives and Friends. The Keeper
shall notify, whenever practicable, the relatives or friends of
any officer or prisoner whom the Prison Medical Officer reports
to be seriously ill.

22. Prisoners Whose Heaith Endangered. On receipt of
any report from the Prison Medical Officer that the mind or
body of any prisoner is likely to be injured by the discip‘ine
or by further detention in prison the Keeper shall give
such directions as may be requisite, reporting in every such
case to the Governor.

23. Report of Death of Prisoner. Upon the death of a
prisoner, or an infant in the prison, the Keeper shail
immediately repcrt the same to the Governor, the Coroner of
the District, and, when practicable, to the nearest relatives
ot the deceased.

24. Employment of Prisoners. The Keeper shall take
care that all convicted prisoners are regularly worked in
accordance with the rules for employment of prisoners, unless
exempted by the Prison Medical Officer, and he shall, if priac-
ticable, provide suitable employment for all unconvicted
priscners who may desire to work.

25. Restriction on Employrcnt of Prisoners. The Keeper
may ‘authorise any prisoner to be employed within the prison in
the service of the prison, but not in its discipline nor, in his
ovn service, nor in the service of any officer thereof.

26. Corporal Punishment and Executions. The Keeper
shall attend all corporal punishment and shall enter in
his Journal any orders which the Prison Medical Officer
may have given on such occasion. He shall make all necessary
arrangements for the carrying out of all executions ‘and shall
be present. thereat.

27. Prisoners’ Letters. The Keeper shall read every
letter addressed to, or written by, a prisoner, and in every
6

instance where he may deem it necessary to withhold any such
fetter he shall record the fact in his Journal: Provided that
the Keeper may delegate the duty of reading ‘any such letter
to any subordinate officer.

28. Responsibility for Prison Stores. The Keeper shall
shall be responsible for all stores, clothing, etc., and for all
dcficiencies in the same. He shall direct the issue of the proper
Supplies and take care that no article of any description is
issued until it is properly marked with the prison marks. He
shall carefully study the requirements of the prison for the
purpcse of promoting economy and preventing waste.

29. Condemnation of Articles. Once in cach year the
Keeper shall prepare and forward to the Governor a list of
articles to be condemned as unfit for further use and shall
dispose of such articles as directed. He shall take stock of
all prison property on or before the 31st March each year and
shall keep a certified inventory thereof.

30. Annual Report. The Keeper shall annually prepare
and forward to the Governor a report upon the condition and
working of the prison.

31. Notification of Religious Denomination of Prisoner.
Ministers of religious denominations shlall be periodically in-
formed by the Keeper of the prisoners belonging to their re-
spective persuasions,

32. Conduct of Officers. The Keeper shall _ exercise
his authority with firmness, temper, and humanity, and
abstain from all irritating language. He shall not strike a
prisoner, unless compelled to do so in self-defence. He shall
enforce similar conduct on the part of the subordinate officers,
under penalty of their dismissal.

33. Offences by Subordinate Officers. (1) Where a sub-
ordinate officer is charged with ‘any of the offences mentioned
in paragraph (7) of this rule the Keeper shall save as herein-
after mentioned hold an investigation into the charge and if
on completion of the investigation he is satisfied that the offence
is proved, he may impose a fine not exceeding five dollars for
each such offence.

(2) Where the Keeper considers the offence with
which a subordinate officer is charged to be of a serious nature
he shall not hold an investigation into the charge but shall
report the matter to the chairman or one of the other members
of the Visiting Committee, and the Visiting Committee shall
without undue delay investigate the charge and if after such
investigation the Visiting Committee is satisfied that the offence
is proved it may award any of the following punishments :—
7

(a) reduction in rank or grade ;

(b) suspension, stoppage or deferment of incre-
ment ;

(c) forfeiture of good conduct pay or of any bene-
fit arising from service;

(ad) forfeiture of not more than half a month’s
Salary ;

(€) admonition ;

(f) reprimand ;

(g) severe reprimand ;

(h) recommendation for dismissal.

(3) In any investigation held by the Keeper or the
Visiting Committee pursuant to the provisions of this rule the
person charged shall be given a proper opportunity of present-
ing his case.

(4) Any subordinate officer against whom any such
fine is imposed or any such punishment awarded may,
within seven days of his conviction, appeal in writing to the
Governor, and the Governor may allow the appeal, reduce or

confirm the fine or punishment or make such other order as
he may deem fit.

(5) Where an offence ‘against a subordinate officer is
to be tried by the Visiting Committee the Keeper may with
the approval of the Governor suspend such subordinate officer
from his duties pending the decision of the Visiting Committee
or the Governor, as the case may be, and while his suspension
continues such subordinate officer shall be allowed to receive

such portion of his salary not being less than one half, as the
Governor shall think fit.

(6) Where a subordinate officer has been guilty of
and fined for ‘any offence specified in paragraph (7) of this
rule, the name of the offender, the date and description of the
offence, the amount of the fine and the authority by whom he
was punished shall be entered in the subordinate officers’
Punishment Book.

(7) The offences to which reference is made in
paragraph (7) of this rule are as follows:—

(a) coming late on duty;
(b) leaving a cell or principal door or gate unlocked;

(c) entering a prisoner’s cell at night contrary to
orders:

(d) allowing any unauthorised person to communi-
cate with a prisoner ;

(e) leaving keys in a door or lying about;
(f)

(g)

(h)

(i)

(3)
(k)

(1)
(m)
(n)

(t)
(u)

(v)
(w)

(x)

8

cursing, swearing, or using indecent or immoral
language;

neglecting to guard, supervise, or attend pris-
oners under his charge;

speaking of the prison arrangements in the
hearing of a prisoner or of any person not
connected with the prison;

carelessly searching, or neglecting when neces-
sary or directed, to search a prisoner or a
visitor ;

neglecting to have the lamps properly trimmed
and burning at the proper times and places;
neglecting to examine the cells and fastenings
of the cells under his charge, and to examine
and search the wards, cells, bedding, and
clothing ;

allowing tools, materials, or other articles to be
lying about out of their appointed places;

allowing dirt to accumulate in the wards, cells,
passages, or other places under his charge:

omitting to report any misconduct, breach of
rules, or omission of duty in himself, another
subordinate officer, or a prisoner, or any injury
done to the prison furniture, or to the walls,
windows, partitions, or any part of the prison;

inattention when in charge of prisoners;
allowing unauthorised persons to remain in the
vicinity of prisoners:

appearing on duty out of uniform, or improper-
ly or slovenly dressed or dirty;

quitting his post without authority, and before
being properly relieved ; ‘

wrangling, talking of his own private affairs in
the hearing of prisoners or making unnecessary
noise, either within the prison or when on duty
outside;

in any way obstructing the duties of the prison;
omitting, when sick and unable to attend the
prison to send notice to the Keeper and to the
Prison Medical Officer ;

neglecting to count the prisoners at the time
prescribed by these Rules, or by the Keeper ;
allowing prisoners to stray from their work,
neglecting to keep them in view, or enforce
silence among them;

smoking or reading whilst on duty;
9

(y) drunkenness, disobedience of, or negligence in
carrying out, the Prison Rules, or any orders or
directions given by any proper authority;

(z) when on duty as Gate Keeper —

(i) neglecting to keep the gates locked
except when absolutely necessary to
admit authorised persons and things;

(ii) allowing a prisoner to leave the prison
without being attended by a prison
warder ;

(iii) allowing unauthorised persons or im-
proper things to go in or out of the
prison;

(iv) allowing any person to loiter about the
gate;

(aa) omitting to peg the tell-tale clock or clocks:

(bb) disobedience of, or negligence with respect to,
these Regulations or any lawful order given by
any person in authority connected with the
prison;

(cc) conduct to the prejudice of good order or
prison discipline.

34. Reports on Long Sentence Prisoners. The Keeper
Shall bring to the notice of the Governor all long sentence
convicts (both men and women) at the end of the fourth
year of imprisonment and every fourth year thereafter,.
describing the prisoner’s mental and bodily condition with par-
ticular reference to the effect of his imprisonment upon his
health, his demeanour and his attitude towards the offence
and towards crime generally and upon his conduct and industry
and on any other points which might. be of assistance to the
Governor in considering his case.

35. Records. The Keeper shall be responsible for the
the following ‘and such other books and records, as may from
time to time be required at a prison being kept properly and
up to date :—

(a) a Prison Register ;

(b) a Journal of all occurrences of importance in
the prison ;

(c) a Prisoners’ Punishment Book ;

(d) a book recording interviews with prisoners by
the Keeper ;

(€) an Inventory Book of all ‘articles belonging to
the prison ;
10

(f) an Order Book for the entry of any standing
orders relative to the discipline of the prison ;

(g) a record of officers’ services, defaults, etc. ;
(h) a Provision Ledger ;

(i) an Official Visitors’ Book ;

(j) a General Visitors’ Book ;

(K) a Diet Book, showing daily number of
prisoners on each class of diet ;

(1) a record of previous convictions ;
(m) a Cash Book for all receipts and payments ;

(n) a Monthly Pay and Stoppage Book ;

(0) a Diary of daily occurrences ;
(p) a Prisoners’ Property Book ;

36. Visits of Inspection. The Keeper shall accompany

the Governor and the Visiting Committee on their inspection of
the prison.

37. Release of Prisoners Unprovided with Clothing. The
Keeper shall, upon the release of any prisoner un-
provided with clothing, ‘ascertain whether his relatives or
friends can furnish him with clothing and, if they cannot, he
shall after consultation with the Chairman of the Visiting Com-
mittee supply the prisoner from public funds and at the lowest
possible ccst with such clothing as may be necessary.

38. Prisoners Eligible for Licences. The Keeper shall
transmit to the Governor the names and descriptions of
such prisoners as are eligible for discharge under the rules
hereinafter provided for remission of sentences, and also of
every prisoner under a life sentence who has served fifteen
years of his sentence, or naving served ten years, has attained
or is believed to hiave attained the age of sixty.

39. Care of Prison Walls. The Keeper shall see that
that no trees are allowed to grow ‘against the outer walls of
the prison and that no rubbish or other article is laid against
them.

40. Inpection of Prisoners’ Work. The Keeper shall
frequently inspect the work performed by prisoners both
inside and outside the prison walls, so as to satisfy himself that
every prisoner at work is working diligently and shall also cause
the Subordinate Officers to do the same. Such inspection of
outside work shall be recorded in a book kept for that purpose in
the prison.

41. Disposal of Fines and Costs Collected. The Keeper
shall forthwith forward to the proper authority all fines
and costs received by him from prisoners committed in default
of payment.
11

THE PRISON MEDICAL OFFICER.

42. Class of Labour to be Performed by Prisoner. The
Prison Medical Officer shall certify the class of labour for which
every prisoner is fit on admission, and from time to time there-
after. No prisoner shall be employed at any labour for which
he is not certified as being medically fit. The Prison Medical
Officer shall also assist, when necessary, in assigning the task of
labour according to the physical capacity of a prisoner.

43. Sick Prisoners and Officers. The Prison Medical Officer
shall attend to and prescribe for all sick prisoners, and all officers
of the prison who shall require his attendance at the prison. He
shall examine all prisoners on admission and record in the
Medical Minute Book the cases of any who are found to be in an
unfit state to be sent to prison; he shall also certify that a
prisorer, previous to his being transferred to any other authorized
place of confinement, is in a fit state of health to be removed.

44. Health of Prisoner endangered by further Imprisonment
Whenever the Prison Medical Officer has reasons to believe that
the mind or body of a prisoner is or is likely to be injuriously
affected by the discipline or treatment of the prison he shall record
the case in the Medical Minute Book for the information of the
Keeper and shall give such directions as he may think
proper. He shall also report to the Keeper whenever he
shall be of the opinion that the life of any prisoner is endangered
by his continuance in prison with the grounds of his opinion.

45. Visits. ‘The Prison Medical Officer shall be in attendance
at the prison at least once a fortnight and shall arrange his
several visits and duties so as not to disturb the routine or dis-
cipline of the prison. He shall enter in the Medical Journal the
name of each prisoner, together with such directions for his
treatment, diet, clothing, exercise, etc., and such other observa-
tions as he shall see fit; the Journal shall be signed by him and
handed over at least once a fortnight to the Keeper, for his
information and guidance.

46. Illness of Officers. The Prison Medical Officer shall
keep a Medical Journal of all officers who may apply to him for
advice, and shall, on receiving information from the Keeper that
any subordinate officer has absented himself on the plea of illness
request the officer to report to him, and if this is not possible
visit such officer and shall record in the said Journal whether
such officer is fit or unfit for duty, and if unfit, the period
of lime fer which he is excused. The Journal when signed by
him shall be handed over to the Keeper for his information and
guidance.

47. Books to be Kept by Medical Officer. (1) The Prison
Medical Officer shall keep at the prison the following books:—

(a) a Prisoners’ Medical Journal ;
(b) an Officers’ Medical Journal ;
12

(c) a Medical Minute Book;
(d) a Hospital Case Book.

(2) The form of these books shall be settled by him
from time to time with the approval of the Keeper, sub-
ject always to revision by the Governor in Council.

48. Inspection of Prison. The Prison Medical Officer shall
not less than once a quarter inspect every part of the prison and
record in the Medical Minute Book the result of his inspection,
together with any observations he may think fit to make on the
cleanliness, drainage, or ventilation, the quality of the provisions,
the sufficiency of the clothing or bedding, the quantity or quality
of the water, or anything which may in his opinion affect the
health of the prisoners. He shall also frequently inspect the
prisoners’ diet and satisfy himself that it is of proper quantity,
quality and description, and shall keep a record of any irregu-
larity in the Medical Minute Book.

49. Inspection of Prisoners at Labour. The Prison Medical
Officer shall occasionally inspect the prisoners at labour in order
lo observe the effect it has upon them.

50. Prisoners in Cellular Confinement. The Prison Medical
Officer shall daily visit every prisoner under punishment in cellu-
iar confinement and record the visit in his Journal.

51. Corporal Punishment and Executions. The Prison
Medical Officer shall attend all corporal punishment and his
instructions for preventing injury to health shall be carried out.
He shall also be present at any execution.

52. Report of Dangerous Illness. The Prison Medical Offi-
cer shall give notice to the Keeper when any case of
illness appears to him to assume a dangerous aspect.

53. Death of Prisoner. The Prison Medical Officer shall on
the death of any prisoner enter in his Journal the following par-
ticulars, viz:—-At what time the deceased was taken ill; when
the circumstances was first communicated to him: the nature of
the disease, and when it assumed a dangerous aspect; whether
there were any special circumstances connected with the case;
when the prisoner died; when the Coroner sat; the verdict; and
any comments made by the Governor.

54. Discharge of Sick Prisoners. No sick prisoner shall at
the expiration of his sentence be released from prison, unless in
the opinion of the Prison Medical Officer he can be released with
safety to health, or such prisoner refuses to stay.

55. Capital Offences. (1)
capital offence shall be kept under special observation at all times
and the Prison Medica] Officer shall keep a written record of tne
physical and mental condition of the prisoner in which entries
13

the opinion of the Prison Medical Officer he can be released with
safety to health, or such prisoner refuses to stay.

55. Capital Offences, (1)
capital offence shall be kept under special observation at all times
and the Prison Medical Officer shall keep a written record of the
physical and mental condition of the prisoner in which entries
shail be made from time to time dailv if necessary. If deemed
advisable. application may be made to the Governor for a copy of
the records of the case, in order to assist the Prison Medical Officer
in forming an opinion as to the mental condition of the prisoner,
but he should bear in mind that records are furnished only that
he may be in possession of important and true particulars of the
prisoner’s recent history, in so far as it has a bearing upon his
mental state while under observation in prison. A report shall
be submitted to the Governor on the mental condition of the
priscrmer a few davs before the date of the trial, stating whether
or not any indication of insanity has been exhibited and whether
or not the prisoner is fit to plead.

(2) This report should not express any opinion as to
the prisoner’s degree of responsibility at the time the offence was
committed, this being a matter for the finding of the jury on the
evidence submitted, but, if from symptoms exhibited while under
observation in the prison it is clear that definite insanity exists
and has done so far some time previous to the offence, or if the
Prison Medical Officer is of the opinion that there is a distint
history of periodical attacks of insanity, followed by intervals
of mental clearness. and that the prisoner has been enjoying
a lucid interval while under observation in the prison, his report
would embody this opinion.

SUBORDINATE OFFICERS (Generally)

56. Maintenance of Order and Discipline. Subordinate offi-
cers shall strictly conform to and obey all rules and orders of the
Keeper and assist to their utmost in maintaining order
and discipline. To this end punishment for prison offences may
sometimes be resorted to upon their report, but good temper and
good example on their part will have great influence on prisoners
in preventing the frequent recurrence of offences and the necessity
for such punishments.

57. Conduct Towards Prisoners. Neither the Keeper nor
a subordniate officer shall allow any familiarity between a prisoner
and himself, nor shall he discuss his duties, any matters of dis-
cipline or prison arrangements, within the hearing of a prisoner.
No prison officer shall by word, gesture, or demeanour, do
anything which may tend to irritate any prisoner.

58. Report ef Prisoners’ Complaints, ete. Subordinate offi-
cers shall inform the Keeper of any prisoner who desires
to see him or to make any complaint or prefer any request to him
14

or to any other superior authority. Any neglect in carrying out
this rule will be severely dealt with.

59. Visitors. Subordinate officers shall not be permitted to
receive any visitors in a prison without the special permission of
the Keeper.

60. Report of Prisoner’s [Imess. Subordinate officers shall
not compel any prisoner to go to labour who complains of illness
but shall report all such cases to the Keeper. They shall
direct the attention of the Keeper to any prisoner who
may appear to them to be suffering from illness, although he may
not complain, or whose state of mind may appear to them deserv-
ing of special notice and care.

61. Responsibility for Stores, Tools, etc. Subordinate officers
in charge of stores, tools or other Government articles. will be held
responsible for them, and will be liable to pay for any articles
committed to their charge which may be negligently lost or dam-
aged, or for any other damage which they may commit.

62. Duties on Relieving Each Other. (1) Subordinate offi-
cers shall when they relieve each other, point out to their
successors all matters of special importance, check over all tools
or other articles committed to their care and explain any directions
of the Keeper affecting any particular prisoner or the
work to he performed.

(2) No subordinate officer shall, on any pretext what-
svever, leave prisoners entrusted to his care until he has received
an audible and proper acknowledgment for them from the officer
to whom he is handing over.

63. Prisoners in Ceilular Confinement. Subordinate officers
shall pay particular attention to prisoners under punishment in
cellular confinement and see that they are provided with neces-
aries, that their slops are frequently removed, and that they are
‘visited at the regular times, and that they receive one hour’s exer-
cise daily in the open air.

64. Correspondence, etc., with Prisoners’ Friends. No
subordinate officer shall correspond or hold any intercourse with
the friends or relations of any prisoner, unless expressly author-
ised by the Keeper; nor shall he make any unauthorised
communication concerning the prison or prisoners to any person
whatsoever. He shall also carefully abstain from forming
acquaintance with discharged prisoners.

65. Absence of Cfficers. No subordin'ate officer shall be
absent during the regular hours of attendance without the per-
mission of the Keeper. When absent for his meals, or
15

on other authorised occasions, he shall return to his duty at the
appointed time.

66. Prison Keys. A subordinate officers entrusted with
keys shall not on any pretext take them out of the prison, but shall,
when leaving the prison on any occasion, deliver his keys to such
officer as the Keeper may depute for that purpose.

67. Attendance at Posts. Subordinate officers shall at all
times confine themselves to their respective posts, unless specially
ordered to go to any other part of the establishment in the per-
formance of other duties.

68. Report of Misconduct, etc. It shall be the duty of all
subordinate officers to make an immediate report to the Keeper
of any misconduct or wilful breach of the Prison Rules.

69. Conversation, etc. (1) Conversations between sub-
ordinate officers on duty and between subordinate officers and
prisoners shall be limited to such remarks as may be necessary
for the proper performance of duty or work or maintenance of
order and discipline. Conversation between subordinate officers
on duty and civilians is prohibited.

(2) Conversations between prisoners at labour shall be
limited to such remarks as the work requires. There shall be no
idle talking on general subjects. Out of working hours the mak-
ing of a remark or two need not be forbidden. When, however,
the remarks are continued and the officer sees a gossipping
conversation is developing he should direct the prisoners to stop,
and if they fail to do so after one or more such orders, he may
report them. Reports shall not be for “talking,” but for dis-
obedience of orders by “talking after being told to stop.” If there
are any special reasons for preventing all communication between
prisoners, the right plan is to keep them separated.

70. Dress and Appearance. Subordinate officers shall at all
times pay strict attention to cleanliness of persons and dress and
shall always appear, when on duty, properly shaved and dressed
in such uniforms as may be allowed them. All accoutrements,
badges, etc. shall be kept perfectly clean and bright at all times.

TFS



age



(2) No civilian clothing may be worn together with
uniforms. Helmets with chin-straps up shall be worn when on
duty outside of the prison. Caps shall be worn on duty in the
prison and off duty.

71 Wearing of Uniforms. Subordinate officers shall not
wear uniforms except when on duty or going to or coming from
the prison for the purposes of duty.
16

72. Damage To Quarters. Subordinate officers occupying
quarters shall be answerable for any damage thereto committed
by them wilfully or negligently during their occupancy and shall
refund the cost of repairing the same before the amount due to
them as salary is paid.

73. Combinaticn Amongst Subordinate Officers. It is the
duty of all subordinate officers to report to the Keeper
any proceedings that niay come to their knowledge having the
character of a combination amongst the subordinate officers with
regard to their duties or positions in the prison; and any com-
plaint of one officer against another shall be made within twenty-
four hours of the occurrence complained of.

74. Restriction on Striking Prisoners. No subordinate offi-
cer shall strike a prisoner unless compelled to do so in self-defence
or when ordered to inflict corporal punishment. When in charge
of a gang beyond the prison walls, he may place a prisoner in
handcuffs in case of gross misconduct, or for the purpose of
security, reporting the occurrence to the Keeper on his
return to the prison.

75. Observation of Prisoners Character, etc. Subordinate
officers shall carefully observe the character and habits of the
prisoners under their charge and shall afford unreserved informa-
tion on such subjects, it being of the utmost importance that the
Keeper shall be fully informed on these points.

76. Prisoners’ Labour. Subordinate officers in charge of
gangs shall ascertain carefully the amount of work done by pris-
oners under their care and report the result to the Keeper faith-
fully and accurately on the diligence of prisoners at
work. Any unfairness or partiality in this respect will be dealt
with as a serious offence.

77. Counting, etc., of Prisoners. Subordinate officers shall
count the prisoners under their charge at locking up and at un-
locking time and shall report the state of their respective
divisions and the numbers present. They shall examine daily the
state of the cells, bedding, locks, bolts, etc.. and shall seize all pro-
hibited articles and deliver them to the Keeper.

78. Duty of Subordinate Officers in charge of gangs at
Outside Labour. A subordinate officer proceeding with prisoners
to work beyond the prison walls shall be furnished with a book
with the name of each prisoner entered therein. He shall, be-
fore leaving, check the name of each prisoner with the Keeper
or other appointed officer, after which he shall be held
responsible for the safe custody and proper conduct of such pris-
oners. Especially shall he see that they do nct straggle, or hold
communication with any unauthorised person. Upon his return
to the prison he shall check the name of each prisoner as before
with the appointed officer and give up his book to be signed.
17

79. Searching of Prisoners on Return to Prison. An offi-
cer shall thoroughly search every prisoner on his return to the
prison, for the purpose of ascertaining whether he has any pro-
hibited articles secreted on his person. All tools and other
implements are to be checked at the commencement and comple-
tion of work and handed over to the officer deputed for that
purpose.

80. Standard of Conduct Required of Subordinate Officers.
All subordinate officers placed in authority over prisoners shall
be persons of good moral principles. Any disreputable conduct
wiil render an officer liable to dismissal. Intoxication will be
liable to ha visited with dismissal and it will not be taken into
consideration at what place it occurred or whether it be a greater
or less degree of intoxication, nor will it be regarded as any
excuse that the person offending may claim to have been at the
time capable of performing his duties; it being absolutely neces-
sary that all persons connected with the prison shall be perfectly
sober at all times. Swearing, cursing, the use of improper
language, incurring debts which he is unable to pay, frequenting
public houses, keeping bad company and gambling will be con-
sidered sufficient grounds for the discontinuance of an officer’s
services.

81. Pecuniary Dealings, etc., with Prisoners Forbidden.
No subordinate officer, or any person in trust for him or em-
ployed by him, shall sell or have any benefit or advantage from
the sale of any article to any prisoner, nor shall he have pecuni-
ary dealings whatever with any prisoner or employ any prisoner
on his private account or in any official capacity in the discipline
of the prison.

82. Interest in Prison Contracts Forbidden. No subordi-
nate officer shall directly or indirectly have any interest in any
contract or agreement for the supply of the prison; nor shall he
receive. directly or indirectly, under any pretence whatever, any
fee or present from any contractor or person tendering any con-
tract with the establishment, but he may, if the terms of the
contract permit it, purchase provisions for the use of himself and.
family at the contract rates.

83. Receipts of Fees Prohibited. No subordinate officer
shall at any time receive money, fees or gratuity of any kind for
the admission of any visitors to the prison or to prisoners, or
from or on behalf of any prisoner, on any pretext whatever.

84. Using cr Bringing in Prohibited Articles. No subordi-
nate officer shall introduce into, keep or use in the prison tobacco
or liquor of anv kind or any newspaper, book or other publication,
except under such restrictions as may from time to time be laid
down by the Keepor. Officers in charge of tangs emploved out-
18

side the prison walls shall on no account use tobacco or spirituous
liquors whilst in charge of such gangs.

85. Punishment for Dealings with Prohibited Articles.
Every subordinate officer or servant of the establishment who
shall (except for lawful purposes and with the authority of the
Keeper) bring in or carry out, or endeavour to bring in
or carry out, or knowingly allow to be brought in or carried out
of the prison, or convey or attempt to convey, or knowingly allow
to be conveyed to or for any prisoner within or without the prison
walls, any money, clothing, provisions, tobacco, letters, papers,
other articles whatsoever not allowed by the Rules of the prison,
shall be suspended from his duties and placed under arrest by the
Keeper who shall forthwith report the offence to the Gov-
ernor. Such conduct shall be liable to be punished by fine or im-

_prisonment under the provisions of the law relating to prisons.

86. Introduction of Prohibited Articles by Outside Persons.
All subordinate officers shall be watchful to detect and prevent
any person secreting prohibited articles for the prisoners when
employed outside the walls or within a prison and shall immedi-
ately report any such occurrence. They shall especially guard
against the clothes of workmen or others being left lying about
‘in places accessible to the prisoners and shall report at the earliest
opportunity any circumstance of this kind or the loitering of im-
proper or suspicious persons about the prison or in the vicinity of
prisoners working outside.

87. Search of Officer or Servants. Every subordinate
officer or servant of the prison shall submit himself to be
searched in the prison if called upon to do so by the Keeper.

88. Removal cf Articles Facilitating Escape. Special care
shall be taken that no ladder, ropes, implements or materials
of any kind likely to facilitate escape are left lying about the
yard or elsewhere. All such articles when not in use shall be
kept in their appointed places. Every subordinate officer shall
immediately report any instance cf such articles being left about
in contraventicn of this rule.

89. Entering ell at Night. No subordinate officer shall
on any account enter the cell of any prisoner at night unless
accompanied by another officer, and then only in cases of ill-
ness or other emergency.

90. Hours of Return to Quarters at Night. All Subordinate
officers residing in the prison and off duty shall be in their
quarters punctually at 10.00 p.m. They will not be admitted
to the prison after that time until next morning at 5.30.

91. Duty when Keeper Interviews. Subordinate officers
cfficers shall, when Superintending interviews between prisoners
and their friends, repress and prevent as far as may be in their
power all improper communication.
19

92. Medical Attendance. Subordinate officers shall be
entitled to medical attendance and medicine at the public ex-
pense.

93. Uniforms. (1) Subordinate officers may be allowed
uniforms.

(2) Uniforms shall be issued when necessary on the
approval of the Keeper, but the issues shall not exceed a fixed
limit. The uniforms shall remain the property of the Govern-
ment and ‘all worn articles shall be returned for condemnation
before any fresh issues are made.

94. Officers Responsible for Upkeep of Uniforms. Sub-
ordinate officers shall keep all articles of uniform in proper re-
pair at their own expense, unless the Keeper is satisfied that
any damage to ‘an article of uniform was incurred whilst in
the execution of duty and through no fault of an officer.

95. Return of Uniform on Leaving the Service. When-
ever a subordinate officer quits the Service on resignation, dis-
missal or otherwise, he shall return into store all articles of
uniform in his possession and all bedding and equipment issued
to him. In default of so doing, their value at the time may
either be charged to him and deducted out of any salary due
at the time of his quitting the Service or he may be proceeded
against for unlawful detention of prison property.

THE MATRON.

96. Duties. The Matron, if any, shall be under the im-

mediate direction of the Keeper. She shall be entrusted with
the care, safe custody and superintendence of the women
prisoners, and the keys of the Women’s prison shall be kept
by her.
97. Enforcement of Rules. The Matron shall make er-
self fully acquainted with the Prison Rules and shall eniorce
them so tar as they apply to the women prisoners and any
officers under her.

98. Absence. The Matron shall not absent herself from
prison ‘at any time without leave from the Keeper and during
her absence she shall give charge to such other woman officer
as the Keeper may direct.

99. Night Inspections. The Matron shall make such visit
ot inspection during the night as the Keeper may direct.

100. Visits to Women Prison. The Matron shall, unless
unavoidably prevented, attend the Visiting Committee, the
Keeper and the Prison Medical Officer in their visits to the
Women’s Prison and she shall especially take care thiat no male
officer or visitor or prisoner enters the Women’s Prison unless
accompanied by herself or some other woman officer.

101. Superintendence of Meals. The Matron shall be
directly responsible in the Women’s Prison for the distribution
of the prisoners’ meals according to the prescribed scale of diet,
20

and shall report to the Keeper whether the food is properly
cooked and of sufficient quantity.

102. Instruction of Prisoners in their Work. The Matron
Shall give instruction to women prisoners in sewing, washing
and other approved labour, and shall be directly responsible
under the Keeper for the enforcement of the proper tasks.

103. Misecuduct of Woman Prisoner. The Matron shall
report to the Keeper any misconduct or breach of the Rules
by a woman prisoner and also touching anything in the
discipline 'and condition of the Women’s Prison.

104. Subject to General Rules for Subordinate Officers.
The Matron and every other woman officer shall be subject
to the general rules for subordinate officers so far as they apply
to them.

105. Powers and Duties in Absence of the Keeper. In
the absence of the Keeper the Matron shall perform in the
Women’s Prison such of the duties, and shall have such of
the responsibilities and powers (except as to the punishment
of prisoners) as may be required from, or conferred upon, the
Keeper by these Rules.

THE OFFICER IN CHARGE OF SICK PRISONERS.

106. Medical Officer’s Directions. The officer in charge of
Sick prisoners shall take charge of the sick under the directions
of the Prison Medical Officer and shall see that all medicines,
ete., ordered by him are regularly administered to and taken
by the patients and that they conform in every respect to his
direction. He shall also have charge of the books and records
connected with the sick in the prison.

107. Dietary, Cleanliness, ete. The officer in charge of sick
prisoners shall see that ail sick prisoners receive the allowance
of food alloted to them by the scale of dietary or any special
diet or article ordered by the Prison Medical Officer. He shall
pay strict attention to the cleanliness of the Infirmary and of
the sick prisoners; also to their clothing and bedding, and shall
report to the Keeper any irregularity or misconduct on the part
of such prisoners.

PART II

PRISONERS.

108. Application of Part Ii. The Rules in this Part shall
apply to all classes of prisoners except in so far as they may
be inconsistent with the special rules for particular classes of
prisoners.
21

109. Committal Form. Before any prisoner shall be re-
ceived into a prison the usual form of committal, properly filled
up in all its parts, shall be put into the hands of the Keeper or
other officer in charge.

110. Searching of Prisoners on Admission. Prisoners on
admission shall be minutely searched (men by a male officer, wo-
men by the Matron) but with all regard to decency and
privacy; they shall be deprived of their personal effects which
shall be taken by the Keeper or Matron and a list of them
entered in the “Prisoners’ Property Book,” and each such entry
shall be signed by the prisoner concerned in acknowledgment of
its correctness. These effects shall be given up to the prisoner
on his discharge.

111. Cenfiscation cf Prohibited Aritcles. No prisoner shail
have in his possession any food, money, clothing, provisions,
liquor, tobacco, matches, letters, papers, books, or any other
article prohibited by these Rules, or any other article whatsoever,
and no such article whatsoever shall be conveyed or thrown into
cr out of the prison, or conveyed to any prisoner while in cus-
tody outside a prison, unless expressly allowed by the rules or for
a lawful purpose under such restrictions as may be laid down by
the Keeper with the approval of the Governor. Any
articta brought, thrown, conveved or carried contrary to this
rule may be confiscated by the Keeper.

112. Medical Examination of Prisoners on Admissicn.
Every prisoner shall, as soon. as possible after admission, be
separately examined by the Prison Medical Officer.

113. Bathing. Every prisoner shall take a bath on arrival
at the prison and at the prescribed times, unless it shall be other-
wise directed in any particular case by the Rules or by the
Keeper or the Prison Medical Officer.

114. Eradication of Vermin, etc. If any prisoner is found
on admission to have any cutaneous disease or to be infested with
vermin, means as laid down by the Prison Medical Officer she:
taken effectually to eradicate and destroy the same.

115. Reading of Prison Rules. An abstract of the Prison
Rules relating to the discipline, conduct and treatment of pris-
oners shall be read to prisoners on admission and once in each
month.

116. Weighing of Prisoners. Every prisoner on admission
and on discharge, shall be weighed and the weight recorded in
a book kept for that purpose. Every prisoner sentenced to six
months’ imprisonment and upwards shall, in addition, be weighed
once in each month. Prisoners may also be weighed at any time
hy order of the Keeper or the Prison Medical Officer.
22

117. Photographs and Finger-Prints. Every prisoner may,
if required for the purposes of justice, be photographed and his
finger-prints taken on reception and subsequently, but no copy of
such photograph or finger-print shall be given to any person ex-
cept those officially authorised to receive it.

118. Admission of Infants with Mother. The child of a
woman prisoner may be received into prison with its mother,
provided it is at the breast, and any such child so admitted shall
not be taken from its mother until the Prison Medical Officer
certifies that it is in a fit condition to be removed. In all such
cases an authority from the committing Court for its admission
should accompany the prisoner on reception.

119. Clothing and Removal of Infants. When any child
-admitted with its mother has attained the age of nine months,
the Prisun Medical Officer shall report whether it is desirable or
necessary that it shall any longer be retained; but, except under
special circumstances, no such child shall be kept in prison after
it has arrived at the age of twelve months. Any such child
while in prison may be supplied, if necessary, with clothing at
‘the public expense.

120. Delivery of Body of Prisoner Dying in Prison. When-
ever the relations of a prisoner who has died in prison of natural
causes are desirous of having the body of such prisoner delivered
to them for burial, they shall apply to the Keeper who,
after ascertaining from the Prison Medical Officer that it would
not be injurious to the public health to grant such request, may
deliver up the body and it shall be taken away from the prison
in a decent manner.

121. Payment or Part-Payment of Fines, etc. by Prisoners.
(1) Where any person has been committed to prison by the Court
for non-payment of any sum of money adjudged to be paid by an
order. such person may pay or cause to be paid to the Keeper
the sum menticned in the committal warrant, together
with the amount of the costs, charges and expenses, if any, also
mentioned therein, and the Keeper shall receive the same and
thereupon, discharge such person, unless he is in his custody for
some other matter.

(2) Where a term of imprisonment is imposed by the
Court for non-payment of any sum adjudged to be paid by an
order, that term shall, cn payment of a part of such sum to the
Keeper be reduced by a number of days bearing as nearly
as possible the same proportion to the total number of days in the
term as the sum paid bears to the sum adjudged to be paid.

122. Night Accommodation. Every prisoner shall occupy a
cell by himself by night, unless for medical or other special reasons
23

it is necessary for prisoners to be associated. In such case no
fewer than three prisoners may be located in one cell, and each
shall be supplied with a blanket.

FOOD, CLOTHING, AND BEDDING

123. Dietary. (1) Subject as hereinafter provided by
way of punishment, every prisoner shall be supplied with a suff.
cient quantity of plain and wholesome food in accordance with
Schedule B hereto, which may from time to time be varied by
order of the Governor in Council.

(2) No prisoner shall receive or have in his possession
any food other than the allowance authorised in Schedule B
hereto except —

(a) with the authority of the Governor “in special
circumstances, or

(b) with the authority of the Prison Medical Officer if
a variation of diet is desirable on medical grounds
for an individual prisoner.

(3) The diet of an individual prisoner who persistent-
ly wastes his food may be reduced on the written recommendation
of the Prison Medical Officer.

(4) The Keeper may award prisoners an extra
bread ration, not exceeding eight ounces, for special work done
in addition to the daily task.

(5) No prisoner shall be given or allowed to have any
intoxicating liquor except in pursuance of a written order of the
Prison Medical Officer specifying the quantity to be given and
the name of the prisoner for who it is intended.

124. Complaints as to Diet. A prisoner who has any com-
plaint to make regarding his diet, or who wishes it to be weighed
to ascertain whether it contains the authorised quantity shall
make his request as soon as possible after the diet is handed to
him, and it shall be weighed in his presence and in that of the
officer deputed for that purpose. Should, however, repeated
complaints of a groundless nature be made by any prisoner under
colour of this rule, with the evident purpose of giving annoyance
or trouble, it shall be treated as a breach of prison discipline and
the offender will be liable to be punished accordingly.

125. Prison Dress. The prison dress of every convicted
prisoner shall consist of the following: for men, a shirt,
a pair of trousers, a cap, a handerchief and a sleeping suit.
For Women, a dress, a headkerchief, combination underclothes,
a handkerchief and a night gown. Additional underclothing and
slippers or shoes shall be supplied on the written authority of
the Prison Medical Officer.

126. Private Clothing of Prisoners. The clothing of
prisoners shall be returned to them on their release, unless
24

it has been found necessary to destroy it, in which case they
shall be provided with clothes at the public expense.

127. Cell Furniture. Every prisoner shall be supplied
with —

(a) a wooden bunk ;

(b) a blanket ;

(c) a pillow ;

(d) a basin ;

(e) a utensil

(f) a bench or stool.

Additional bedding shiall be supplied on the recommendation
of the Prison Medical Officer.

PERSONAL CLEANLINESS AND HEALTH.

128. Washing, etc. Prisoners shall obey such regulations
and orders for their washing, bathing, hair-cutting, shaving
and exercise as may from time to time be established by the
Keeper with a view to the proper maintenance of health and
cleanliness.

129. Cleaning of Cells. Prisoners shall keep their cells,
utensils, clothing, books and bedding clean and neatly arranged,
unless provision for the performance of these duties is other-
wise made in accordance with the rules.

130. Cutting of Women Prisoner’s Hair. The Hair of
woman prisoner shall not be cut without her consent, except
by order of the Prison Medical Officer on account of vermin or
Girt, or when he deems it requisite on the ground of health.

131. Exercise. Prisoners shall be permitted to take such
exercise in the open air vor the purposes of health as may be
ordered by the Prison Medical Officer : Provided that notwith-
standing any other provision cf these Rules prisoners who are
either excluded from labour, (such as those under sentence of
death) or are not compelled to labour ( such as these awaiting
trial, committed for contempt of Court, for want of sureties,
nen-criminal debtors and first class misdemeanants) shall be
given thirty minutes exercise every morning and afternoon.

RELIGIOUS INSTRUCTION.

132. Bible and Prayer Book. (1) Every priscner who can
read shall be furnished with a Bible and Prayer Book or with
such other religious books of the denomination to which he be-
longs as the Keeper may deem necessary.

(2) Adequate arrangement shall be made for the
provision of religious ministration to all prisoners.
25

133. Divine Service. Every prisoner shall ‘attend Divine
Service whenever it is performed within a prison, unless
specially excused, prevented by illness, or under punishment.
No prisoner shall be compelled to attend the religious service
of a denomination to which he does not belong.

134. Unauthorised Books, etc., Prohibited. No books or
printed paper shall be permitted in a prison for the use of the
prisoners except such as are sanctioned by proper authority.

VISITS AND COMMUNICATION.

135. Special Letters and Visits. The Keeper may allow
any prisoner cii admission or at any time during his
sentence to write and receive a special letter or letters and to
recelve a special visit or visits in connection with any of the
following circumstances:—

fa) the death or serious illness of a near
relative;

(b) business or family affairs of an urgent nature;

(c) the payment or part-payment o; any sum
which, in pursuance of any conviction or order,
he is required to pay to procure his release
from prison; .

(d) arrangements for obtaining employment or
assistance from relatives or friends on dis-
charge.

136. Ordinary Letters. Every prisoner may be allowed to
write a letter on his admission and to receive a reply thereto,
and he may further be permitted to write and receive letters
at intervals of noi less than two months.

137. Visits. A prisoner, on his admission, may be allowed
a visit, and every two months thereafter may be allowed to
receive visits of fifteen minutes duration between 10.00 a.m.
and 4:00 p.m. from his relatives or friends not exceeding three
In number at the same time.

138. Forfeiture of Visits and Letters. The Keeper may
deprive any prisoner of a visit or writing a letter as pre-
ccribed in Rules 136 and 137 for misconduct or breach of the
Prison Ruiés.

139. Official Supervision of Visits. Men prisoners shall be
visited in the sight and hearing of a male officer, and women
prisoners in the sight and hearing of the Matron.

140. Visits of Legal Advisers. The legal adviser of a
priscner shall be allowed to see such prisoner, with reference
26

to any legal business, in the sight, but not in the hearing, of
a prison officer.

141. Non-Admission of certain Visitors. Any visitor to a
prisoner who introduces or attempts to introduce ‘any article
or money shall be refused re-admission and shall be liable
to prosecution, and any visitor who misconducts himself may
be summarily ejected. No person of loose or immorai
character shall be admitted on any account.

142. Reading of Letters. Every letter to or from a prisoner
shall be read by the Keeper or by ‘any subordinate officer, if
so instructed by the Keeper and it shall be within the
discretion of the Keeper to stop any letter on the grounds
that the contents are objectionable.

PUNISHMENTS.

143. Power te Punish. (1) When a prisoner has been
reported for an offence, the Keeper may order him to be kept
apart from other prisoners pending adjudication.

(2) No punishment or privation of any Kind shall be
awarded except by the Visiting Committee or the Keeper and no
prisoner shall be punished until he has had an opportunity of
hearing the charges and evidence against him and of making
his defence.

(3) Every offence against prison disicpline by a
prisoner shali be reported forthwith and the Keeper shall in-
vestigate such reports not later than the following day. unless
that day be a Sunday or public holiday.

144. Dietary and Corporal Punishment. Cellular punish-
ment, corporal punishment, or restriction of diet shall in no
case be awarded un:ess the riison Medical Officer has ceriified
that the prisoner is in a fit condition of health to sustain it.

145. Punishment Awardable by Keeper. Any prisoner,
who shall disobey any proper order of an officer, or treat him
with disrespect, or be idle or negligent at his work, or behave
irreverently at Divine Service, or guilty of swearing, or of any
indecent or immoral conduct, or assault, quarrel or hold in-
tercourse with another prisoner, or cause disturbance by
singing, whistling, or other noise, or leave or attempt to leave
his cell, ward or work without permission or disfigure the walis
or deface, secrete or destroy any paper or notice hung up in
the prison by proper authority, or have in his cell or possession
any article prohibited under Rule 111 or wilfully injure any
prison property, or commit any nuisance, or otherwise disobey
any of the ruies of the prison, shall be liable, after inquiry as
set out in rule 143 to be punished by the Keeper as follows:—
27

(a) by cellular confinement, on Punishment Diet
contained in Schedule C hereto, for any term
not exceeding three days;

(b) by exclusion from associated work for a
period not exceeding fourteen days;

(c) by reduction from a higher to a lower stage
or postponement of promotion to a higher
stage for a period not exceeding one month;

(d) by forfeiture of a number of remission days
not exceeding fourteen.

146. Grave Offences Punishable by Visiting Commi
Any prisoner who shall offer violence to on bficer of the Peon.
being in the execution of his duty, or shall escape or attempt to
escape from custody before being set ‘at liberty by proper au-
thority, or shall be ‘guilty of repeated offences against the
Prison Rules, or of grave misconduct to the due punishment
of which the power of the Keeper is inadequate, shall forthwith
be reported by the Keeper to the Visiting Committee, and the
said Committee shall attend at the prison and enquire into the
charge upon oath, in the presence of the prisoner, and may,
subject to the approval of the Governor order him to undergo
any of the following punishments, in addition to or substitution
for any other punishment provided for by the laws relating
to prison for such offences:—

(a) to be placed in cellular confinement on
Punishment contained in Schedule C here-
to, for any terms not exceeding fourteen
days: Provided that the cellular confine-
ment shall not be continuous for more than
seven days, and that an interval of seven
days: Provided that the cellular confine-
such cellular confinement is undergone, and
provided further that the said Punishment
shall not be imposed for more than three days
continuously, with an interval of one day on
the diet to which the prisoner is entitled be-
fore it is again imposed and that, if the
cellular confinement exceeds seven days, an
interval of seven days must elapse on the diet
to which the prisoner is entitled before a fur-
ther term of Punishment diet is imposed;

(b) to forfeit a number of remission days not
exceeding one hundred and twenty ;

(c) to forfeit any gratuity earned or to be earned
or any part thereof.
28

147. Powers of Visiting Committee. (1) A meeting of the
Visiting Committee at which not less'than three members are
present may after inquiry in which evidence is given on oath
in the presence of the prisoner order corporal punishment to
be inflicted on a male prisoner for any of the following
offences :—

(a) mutiny ;
(b) incitement to mutiny;

(c) gross personal violence to an officer of a
prison.
(2) The punishment which may be inflicted under
an order of the Visiting Committee shall not exceed —

(a) in the case of a person appearing to the Visit-
ing Committee to be not less than twenty-one
years of age. eighteen strokes of a cat-o’-nine
tails or tamarind rod; or

(b) in the case of a person appearing to them
to be under that age, twelve strokes of a
tamarind rod,
and if corporal punishment is inflicted, no further punishment
by way of confinement in cells or punishment diet. shrall be
imposed.

(3) Where an order for the infliction of corporal
punishment has been made under this rule, a copy of the notes
of the evidence given at the inquiry, a copy of the order and
a statement of the grounds cn which it was made shall forth-
with be given to the Governor; and the order shall be carried
into effect only after confirmaticn by the Governor and, if the
Governor confirms the order with modifications, in accordance
with the modifications.

(4) A refusal by the Governor to confirm such an
order as aforesaid shall not prejudice any power to impose ‘an-
other punishment for the offence for which the erder was made.

148. Witness to Corporal Punishment. Prisoners shall
not be paraded to witness corporal punishment, which shall
be inflicted in the presence of the Keeper, the Prison Medical
Officer and such prison officers as the Keeper may think proper.

149. Record of Punishment. Every punishment inflicted
on a prisoner shall, with the statement of the offence and
the written certificate of the Prison Medical Officer where
necessary, be recorded in the “Prisoners’ Punishment Book.

150. Prisoners Liability for Wilful Damage to Prison
Property. The money or any other property of ‘a prisoner may
be ordered by the Keeper to be applied towards the repair of
29

any injury done by him wilfully to the prison or to prison
property or to any other property therein.

151. Punishment in Addition to Deprivation of Remission.
No punishment in connection with the remission system shall
exempt a prisoner from any other punishment to which he
would be liable for misconduct or breach of prison discipline.

EMPLOYMENT.

152. Employment of Prisoners. (1) Every prisoner unless
excused by the Prison Medical Officer on medical grounds shall,
trom the beginning of his sentence, be employed on usefui
work.

(2) No prisoner shall be employed on any class of
work unless he has been certified by the Prison Medical Officer
as fit for that class of work.

(3) Work shall be of three classes as follows:—
ist Class.

Men : Trades, handicratts, agriculture, farming and
such hard bodily labour as may, from time to
time, be appointed by the Keeper either with-
in or without the walls of the prison. The daily
tasks for stonebreaking shall be four bushels
ef stone of a size to pass through an
inch ring and a corresponding increase in quan-
tity according to any Jarger size. The daily
task for quarrying stones shall be fifteen cubic
feet.

2nd Class.

Men : Slightly less hard bodily labour as may, from
time to time, be appointed by the Keeper
either within or without the walls of the prison
and in the workshops. The daily tasks for
stone-breaking shall be three bushels of stone
of a size to pass through an inch ring, and a
corresponding increase in quantity according to
any large size. The daily task for quarrying
stone shall be twelve cubic feet.

Women: Cooking, laundry, sewing, sweeping and clean-
ing, sifting of stone, and such form of handi-
crafts as may be ‘appointed by the Keeper.
Women prisoners shall not work outside the
walls of the prison.

3rd_ Class.
Men Light occupation within the prison in accord-
and ance with the directions of the Prison Medical

Women: Officer.
30

(4) No prisoner shall be employed on any work not
authorised by the Governor.

(5) No prisoner shall, except in pursuance of special
rules, be employed in the service of ‘any other prisoner, or

(6) No prisoner shall be employed in any disciplinary
capacity.

(7) Arrangements shall be made for the avoidance of
all unnecessary work on Sundays, Christmas Day, New Year’s
Day, Good Friday, Easter Monday, Empire Day, the Sovereign’s
Birthday, and such other days as may be ‘appointed by Pro-
clamation to be kept as holidays.

153. Daily Routine. (1) Except on Saturdays, prisoners
employed within the prison shall perform eight hours’ labour
daily on week days as follows:— From 7:00 a.m. to 4:00 p.m.
with an hour’s interval from 10:00 a.m. to 11:00 am. for
breakfast.

(2) Prisoners employed without the prison walls
Shall leave for work at 7:00 a.m., cease work for breakfast at
10:00 ‘a.m. and return to the prison at 4:00 p.m.

(3) On Saturdays work in the prison shall be
suspended and all outside gangs shall return to the prison at
2:00 p.m. for purposes of washing, shaving, hairclipping, etc.

154. Work in Cell. (1) If at any time it appears to the
Visiting Committee that it is desirable for the maintenance of
good order or discipline or that it is in the interest of a prisoner
that he should not be employed in association with others, the
“eeper may be authorised iv arrange for him to work tem-
porarily in a cell and not in association.

(2) It shall be within the discretion of the Keeper
to arrange for such priscner to be employed in association again
whenever he considers this desirable, and he shall do so in any
case if the Prison Medical Officer so advises on medical grounds,
or ‘at the expiration of one month, unless further authority is
given from month to month by the Visiting Committee.

155. Labour for Prisoners not Sentenced to Hard Labour.
Cenvicted prisoners not sentenced to hard labour shall be em-
ployed within the prison walls at work of the nature of second
class labour until they earn the privilege of remission to third
class labour within the prison walls:

Provided that such prisoners shall not be employed at
‘stone-breaking, or be punished for neglect of work except by
alteration of diet.
31

156. Disposal of Prisoners when not at Work or Exercise,
etc. Prisoners when not at work, or exercise, or attending
Divine Service shall be confined to their respective cells or
wards.

157. Jewish Sabbath. No prisoner who is a Jew or Seventh
Day Baptist or Seventhh Day Adventist shall be compelled to
work on his Sabbath, but shall be required to a full day’s work
on Sunday.

COMPLAINTS BY PRISONERS.

158. Requests of Prisoners. (1) Any request by a prisoner
to see the Keeper shall be attended to by the officer to whom
it is made and conveyed without delay to the Keeper.

(2) Applications by prisoners to see a member of the
Visiting Committee shall be recorded by the Keeper.
If the application requires immediate attention a member
of the Visiting Committee shall at once be informed, otherwise
the prisoner shall be placed before the Visiting Committee on
their next visit to the prison.

(3) The Keeper shall hear the ‘applications of all
the prisoners, who have requested to see him, daily at the
orderly room.

JUVENILES.

159 Juveniles. Juvenile prisoners sentenced to imprison-
ment shall be kept separated from all other prisoners as far
as possible. The Keeper shall report the circumstances to the
Governor, forwarding the commitment and stating the age and
previous convictions as far as is known, with a view to the
prisoner being disposed of as may appear advisable.

REMISSION

160. Remission. Arrangements shall be made by which a
prisoner serving a sentence of imprisonment, whether by one
sentence or by consecutive sentences, for a period exceeding
one month, including a person committed to prison in default
of payment of a sum adjudged to he paid by a conviction, may
by good conduct and industry, become eligible for discharge
when a portion of his sentence not exceeding one third of the
whole sentence has yet to run.

Provided that nothing in the said ‘arrangements shall
shall authorise the reduction of a period of imprisonment to
a period less than 31 days.

161. Gratuities on Discharge. Prisoners sentenced to im-
prisonment with hard labour for a term of or exceeding six
months on discharge may be granted fin'ancial aid from a fund
set aside for that purpose at the rate of 1/- per month of sen-
tence served. The Keeper may, in his discretion, increase such
aid according to the needs and prospects of rehabilitation of the
individual cases.
32
PART IV.
SPECIAL RULES FOR PARTICULAR CLASSES OF PRISONERS

PRISONERS UNDER SENTENCE OF DEATH

162. Search and Medical Report.. (1) A prisoner under
sentence of death shall, immediately on his reception at the
prison, be spccially searched ‘and every article shall be taken
from him which the Keeper deems dangerous or inexpedient
to be left in his possession.

(2) In the case of a prisoner under sentence of death,
if it appears to the Governor either by means of a certificate
signed by two members of the Visiting Committee of the Prison,
or by any other means, that there is reason to believe such
prisoner to be insane, the Governor shall appoint a special
medical board composed of two or more government medical
officers to examine such prisoner and enquire as to his in-
sanity and after such examination and enquiry the Board
shall make a report in writing to the Governor as to the in-
sanity of the prisoner and the Board, or the majority of the
Board, may certify in writing that he is insane.

163. Confinement and Observation. (1) A prisoner un-
der sentence of death may be visited by such of his relations,
friends and legal ‘advisers as he may desire to see, and if any
person makes it appear that he has important business to
transact with the prisoner such person may have a conference
with the prisoner on getting permission, in writing, from the
Keeper. Such conference, when permitted, shall take place in
the presence of the Keeper.

(2) A prisoner under sentence cf death shall be con-
fined in a cell apart from all other prisoners and shall be placed
by day and night under the constant charge of an officer. He
shall be allowed special facilities to correspond with his legal
advisers, his relatives and friends.

164. Visitors Liable to be Searched. Any person holding
communication with ‘a prisoner under sentence of death shall,
at the discretion of the Keeper, be liable to be searched.

165. Attendance at Execution. During the preparation
for an execution and the time of the execution no person shall
enter the prison or place of execution who is not legally en-
titled to do so, unless in pursuance of an order, in writing, from
the Keeper.

166. Food and Exercise. A prisoner under sentence of
death shall be allowed such dietary and amount of exercise
33

as the Prison Medical Officer, with the approval of the Keeper,
may direct.

167. Religious Ministration. A Minister of his religious
persuasion, or any Minister of Religion whom he may desire
to see, shall have free access to a prisoner under sentence of
death at ail reasonable hours.

OFFENDERS OF THE FIRST DIVISION
168. First Division Prisoners. Persons committed to
prison :—
(a) under any rule, order or attachment for con-
tempt of Court ; or
(0) for default in payment of any non-criminal
debt or for non-payment of any tax or rate,
shall be placed in the first division.

169. Cutting of Hair. First Division prisoners shall not be
compelled to have their hair cut or to shave except when the
Prison Medical Officer deems it necessary on the grounds of
health or cleanliness, and their hair shall not be cut closer
than may be necessary for such purposes.

170. Clothing. (1) First division prisoners may be per-
mitted to wear their own clothing and have necessary changes
supplied from time to time provided that —

(a) the clothing is sufficient and suitable,

(b) it is disinfected if the Prison Medical Officer
so requests.

(2) If they do not provide their own clothing they
shall wear prison dress of blue with the figure 1 stamped on
the left sleeve of the shirt, above the elbow.

171. Bedding. The Keeper may on application of any
first. division prisoner (if having regard to his ordinary habits
and conditions of life he thinks sucn special provision shouid
be made) permit him to have at his own cost the use of private
bedding, necessaries, or furniture; but such _ privileges shall
be withdrawn on any abuse thereof, or misconduct on the part
of any such prisoner.

If unprovided with bedding, such prisoners may, at
the discretion of the Keeper, be allowed a fibre pillow, a blanket,
and a mattress.

172. Food. First division prisoners shall be allowed to
procure food for themselves at their own expense and to receive
same at prescribed hours, subject to strict examination. This
privilege may at any time, be withdrawn by the Keeper on
proof of abuse thereof. They shall not be allowed any prison
diet when providing themselves with food, but if not otherwise
provided for, they shall be allowed prison diet as prescribed by
Schedule B hereto.
34

173. Visits and Letters. (1) If their conduct and industry
are satisfactory first division prisoners may be permitted to
be visited once a week by not more than two relatives or friends
at the same time for a period of fifteen minutes between the
hours of 10:00 am. and 2:00 p.m. on week days. They may
also be allowed to write and receive one letter a week.

(2) Visits shall be in the sight and hearing of a prison
officer. Letters shall be subject to inspection by the Keeper and
may be refused, if objectionable.

174. Books, Newspapers, etc. First division prisoners may
be permitted to have supplied to them, at their own expense,
books, newspapers or other means of occupation except such
as are, in the opinion of the Keeper, of an objectionable
Kind. This privilege may be withdrawn by the Keeper on proof
-Cf abuse thereof.

175. Accommodation. First division prisoners shall be
confined in such part of the prison as may be set apart for
them.

176. Class of Work. First division prisoners shall be re-
quired to work within the prison at work of the 2nd Class.
When practicable they shall work apart from other convicted
prisoners but, should this be impracticable, the Keeper shall
endeavour to minimise the risk of contamination and the loss
of self-respect to this class of prisoner.

177. Subject to General Rules. First civision prisoners
shall be subject to the general rules for prisone:s except so
far as the same are inconsistent with Rules 169 to 176 hereof.

OFFENDERS OF THE SECOND DIVISION.

178. Second Division Prisoners. Persons committed to
prison for default of entering into reccgnizances or finding
sureties for keeping the peace or for being of good behaviour
unless they are convicted priscn:rs, shall be called second
division prisoners.

179. Dress. Second division prisoners shall wear prison
dress of blue with the figure 2 stamped on the left sleeve oi the
shirt above the elbow.

180. Visits and Letters. (1) If their conduct and industry
are satisfactory second division prisoners may be permitted to
be visited once a month by not more than two relatives or
friends at the same time for a period of fifteen minutes between
the hours of 10:00 am. and 2:00 p.m. on week days. They
may be allowed to write and receive one letter 'a month.

(2) Visits shall be in the sight and hearing of a
prison officer. Letters shall be subject. to inspection by the
Keeper and may be refused, if objectionable.
35

181. Work. Second division prisoners shall be required to
work, but not outside the prison.

182. Subject to General Rules. Second division prisoners
shall be subject to the general rules for prisoners except so
far as the same are inconsistent with Rules 179 to 181 thereof.

UNCONVICTED PRISONERS.

—— :183. Unconvicted Prisoners. Persons committed to prison
for safe custody in any of the following circumstances:— -

(a) on commitment for trial for any indictable
offence ;

(b) pending the preliminary hearing before a
‘Magistrate of a charge of any indictable
offence, or pending the hearing of an in-
formation or complaint;

(c) on commitment to await the hearing of an
appeal or who, after admission as a convicted
prisoner shall enter an appeal against such
conviction or sentence ;

(d) on commitment to ‘await extradition,
shall be called unconvicted prisoners.

184. Cutting of Hair. Unconvicted prisoners shall not be
compelled to have their hair cut or to shave exept when
the Prison Medical Officer deems it necessary on the grounds
of health or cleanliness and their hair may not be cut cioser
than may be necessary for such purposes.

185. Clothing. (1) Unconvicted prisoners may be per-
mitted to wear their own clothing and have necessary changes
supplied from time to time: Provided that —

(a) the clothing is sufficient and suitable;

(b) it is not required for the purpose of justice

(c) it is disin‘ected, if the Prison Medical Officer
so requires.

(2) A prisoner who does not wear his own clothing may
he required to wear a blue prison dress.

186. Bath. Unconvicted prisoners shall not be required to
take a bath on admission, and at the prescribed times, if on i
application of any such prisoner the Keeper shall decide
that it is unnecessary, or the Prison Medical Officer shall think

it unadvisable on medical grounds.

187. Menial Duties. Unconvicted prisoners may, if unaceus-
tomed to perform menial duties, have their cells kept clean and
their slops emptied as ordered by the Keeper.
36

188. Food. Uncenvicted prisoners shall be allowed to pro-
cure food for themselves at their own expense and to receive same
at prescribed hours and subject to strict examination. The pri-
vilage may, at any time, be withdrawn by the Keeper on
proof of abuse thereof. They shall not be allowed any prison
diet when providing themselves with food but, if not otherwise
provided for, they shall be allowed prison diet as prescribed by
Schedule B hereto.

189. Visits. (1) Unconvicted prisoners shall be permitted
to be visited on any week day between the hours of 10:00 a.m.
and 2.00 p.m. by not more than two relatives or friends or legal
advisers at the same time for a period of fifteen minutes. The
Keeper may,in any special case or for special reasons, pro-
long the period of the visit or allow them to be visited by more
than two persons at the same time, such interviews to be in the
presence and hearing of a prison officer, except in the case of legal
advisers, when the interview shall be in the sight, but not in the
hearing, of a prison officer.

(2) An unconvicted prisoner shall, if necessary for the
purpose of his defence. be allowed to see a registered medical
practitioner appointed by himself or by his friends or legal ad-
visers, on any work day at any reasonable hour, in the sight but
not in the hearing of a prison officer.

190. Letters. Any unconvicted prisoner shall be allowed
to communicate by letter with his relatives, friends or legal ad-
visers. Any confidential written communication prepared as
instructions for his legal adviser may be delivered personally
to him or his authorised clerk without being examined by the
Keeper, unless the Keeper has reason to believe that it contains
matter not relating to such instructions. All other communica-
tions shail be subject to inspection by the Keeper, and may be
refused, if objectionable.

191. Beoks, Newspapers Etc. Unconvicted prisoners may
be permitted to have supplied to them, at their own expense,
such books, newspapers or other means of occupation, other than
those furnished by the prison as are not, in the opinion of the
Keeper, of an objectionable kind.

192. Documents in Connection with Defence. Unconvicted
prisoners may, on application to the Keeper, be permitted
to receive any books, papers or documents required for the
preparation of their defence.

193. Abuse of Privileges. Such of the special privileges as
are allowed by Rules 187 to 190 may be forfeited for any abuse
thereof, except in the cases of visits and letters required for the
purposes of securing bail or preparing a defence.

194. Accommodation. Unconvicted prisoners shall be con-
fined in such part of a prison as may be set apart for them, and, as
37

far as the circumstances of the prison allow, shall be kept entirely
separate from other prisoners.

195. Exercise. etc. Unconvicted prisoners shall be allowed
such exercise as may be laid down for them from time to time
by the Keeper and shall at all times. except when at exercise or
attending Divine Service, or when permitted to work, occupy the
cells assigned to them.

196. Computation of Sentence. The time served by a pris-
oner before entering his appeal (as in paragraph (c) of Rule 183)
shall be taken into account in computing the length of his sen-
tence, should such sentence be confirmed by the Court of Appeal.

197 Work Optional. Unconvicted prisoners shiall not be
required to work but may, with their own consent, at the discre-
tion of the Keeper, be employed within the prison. If employment
apart from convicted prisoners is impracticable. they may be
associated with this class of prisoner should they so elect.

198. Subject to General Rules. Unconvicted prisoners
shall be subject to the general rules for prisoners except so far
as the same are inconsistent with Rules 183 to 197 hereof.

APPELLANTS

199. Appellants. (1) Where under rule 40 of the Wind-
ward Islands and Leeward Islands Court of Appeal Rules, 1940
(S.R. & O. 1940 No. 22) an appellant who is in custody is enti-
tled as of right or by leave of the Court of Appeal for the Wind-
ward Islands and Leeward Islands ( hereinafter referred to as
“the Court”) to be present at the final hearing of his appeal or
on any application for leave to appeal or on any proceedings pre—
liminary or incidental to an appeal, the appellant shall be taken
to, kept in custody at, and brought back from, the Court or other
place to which the Court or a Judge thereof may order him to be
taken for the purpose of any proceedings of the Court, by a po-
lice officer.

(2) An appellant who is absent from prison in connec-
tion with his appeal shall during such absence be permitted to
wear his own clothes, or clothing different from prison dress.

(3) An appellant shall be treated in the same man-
ner as an unconvicted prisoner for the purposes of rules 190, 191,
and 192 of these Rules and shall be permitted to see his legal ad-
viser in connection with his appeal on any working day at any
reasonable hour, in the sight but not in the hearing of a prison
officer.

PART V
RULES TO BE OBSERVED IN CASE OF FIRE

200. Summoning of Officers. If any part of the prison is
found to be on fire, or in danger from fire, the Keeper
38

shall immediately be communicated with, whether the fire be at
once extinguished or not. If it is not at once extinguished all
officers, sleeping in or living near the prison, shall at once be
summoned by the alarm bell and keys shall be issued to them.
Notice shall also be given if possible, to the Governor.

201. First Consideration. If a fire occurs in any building
occupied by prisoners or contiguous thereto, safety of life is the
first matter to be attended to; the secure custody of the prisoners
and steps for extinguishing the fire shall be the next considera-
tion. The prisoners shall at once be removed to the yard or
other place of safety, the Keeper using his discretion as to the
use of shackles or handcuffs.

202. Prevention of Draughts. All doors and windows shall,
if possible, be kept closed, to prevent draughts adding intensity
’ to the flames.

203. Lighting of Yard. If the fire occurs at night, the
‘whole of the yard etc., shall be lighted up, as far as practicable, and
held in readiness to receive prisoners.

204. Stores and Records. After due attention has been paid
to the life and safe custody of the prisoners, the prison stores,
records, etc., shall receive attention for the purpose of preventing
loss or damage through fire or water.

205. Firebuckets and Hand Grerades. Buckets, always to
be kept filled, some with water and some with sand, and fire-ex-
tinguishing hand grenades shall be kept ready for use in easily
accessible positions in different parts of the men’s and women’s
prisons.

206. Commencement. These Rules shall come into opera-
tion on the 1st day of July, 1956.

Made by the Governor in Council this 19th day of June 1956.

M. TITLEY,
Clerk of the Council.
39

Rule 3 (1)
SCHEDULE A.

Warrant of appointment of Member of Visiting
Committee.

By the Commissioner of the Presidency of the Virgin
Isiands. a

By virtue of the power and authority in me vested
under paragraph (1) of rule 3 of the Prison Rules, 1956
(S.R. & O. 1956 No. ), I do hereby appoint you,
Gorte ew eee ete go ete ee ee eae ee eevee Pony vous ey , a Jastice
of the Peace of the aforesaid Presidency to be a mem-
ber of the Visiting Committee of the prison in the
ere aa for a period of three years from the date

ereof.

Dated this day of 195

Commissionew.

SCHEDULE B.



DAILY DIETARY SCALE
A. Ordinary Diet

1. (a) Week days
() Early parade (6:15 a.m.)
6 ounces bread
% ounce skimmed milk powder
1% ounces sugar
Y ounce cocoa.
Limes if available should be issued aj, Early parade three
times weekly.

(ii) Forenoon Parade (10 a.m.)
ounces bread

1% ounces sugar

1 pint porridge

Y% ounce skimmed miik powder.
One guava or other fresh fruit when available.

(b) Sundays
Breakfast (8:00 a.m.)
8 ounces bread
Y% ounce skimmed milk powder
2Â¥% ounces sugar
YÂ¥, ounce cocoa.
40

Dinner
Two days a week 8 ounces fresh soup meat
4 ounces beans or peas
1 ounce flour
16 ounces yellow sweet potato
When yellow sweet potato is not available there
may be substituted 15 ounces sweet potato or

other starchy root (yam, tannia, eddo, dasheen
etc.) and

2 ounces carrots or spinach or

7 cunces sweet potato (or other starchy
root) or

4 ounces pumpkin and
1% ounces flour.
Three days a week 5 ounces salt fish
9 ounces cornmeal or rice
VY ounce Margarine
4 ounces pumpkin
When pumpkin is not available there may be sub-
stituted 2 ounces Carrots or dark green leaves
(Spinach, etc) :
Two days a week 2 ovnces salt pork
4 ounces peas or beans
4 ounces yellow sweet potato
8 ounces bread.

SCHEDULE C.

Rules 145 ((a), 146 (a).
PUNISHMENT DIET

(a) Breakfast
8 ounces bread.
(b) Dinner

8 ounces bread.

a

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