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


115

LEEWARD ISLANDS
GAZETTE.

No. 30.



Notices,

OONFIRMATION OF ORDINANCH.
No. 76.

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

Aniigua.

No. 3 of 1956, “fhe Appropriation
Ordinance, 1956.”

No. 77.

The following Imperial Legislation,
Ordinance and Statutory Rules and
Orders are circulated with this Gazette
‘and form part thereof:—

IMPERIAL LEGISLATION
Letters Patent

Letters
9 pp.

“The Leeward Islands
Patent, 1956.”

’ Instructions.

“The Leeward Islands Royal In-
structions, 1956.” 12 pp.
(Price to be notified in a later issue.)

ORDINANCE.
Montserrat.

No. 11 of 1956, “The Education
Ordinance, 1956.” 18 pp.
(Price to be notified in a later issue.)

STATUTORY RULES & ORDERS.
Antigua.

No. 23 of 1956, “The Aid to
Pioneer Industries (Manufacture of
Starch) Order. 1956.”

1 pp. Price 3 cts.

No. 24 of 1956, “The Aid to
Pioneer Industries (Industrial Devel-
opment Board) (Manufacture of
Starch) Order, 1956.”

1 pp. Price 3 cts.

No. 27 of 1956, ‘The Adaptation
of Laws (No. 2) Regulations, 1956.”
2 pp. Price 4 cts.

329. 7I94
L 487A

Montserrat.

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

1 pp. Price 3 cts.

No. 19 of 1956. “ The Adaptation
of Laws (No. 2) Regulations, 1956.”
2 pp. Price 4 cts.

Virgin Islands.

No. 26 of 1956, “The Adaptation
ot Laws (No. 2) Regulations, 1956.”
2 pp. Price 4 cts.



TRADE MARKS OFFICE,
ANTIGUA, 5th June, 1956

SOCONY 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

Class in respect of Chemicals derived
1 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,

Class heating, power, burning, lubri-
A7 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.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for more
than 21 years 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
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

CECIL O. BYRON,
Acting Registrar of Trade Murks.



TRADE MARKS OFFICE,
ANTIGUA, 5th June, 1956.
N.V.J. VAN DORP of GOUDA
(The Netherlands), VAN BERGEN
I JAZENDOORNPARK 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 years
before the date of their said A pplica-
tion.

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

CecIL O. BYRON,

Acting Registrar of T'rade Marks.



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.



116

ANTIGUA CoNsTITUTION and Fecrions
ORDINANCE, 1951.

Notice to Persons entitled to Vote.
Electoral District of Saint John’s City (North)

All persons qualified as voters for the election
of « member of the Legislative Council of Antigua
resi ling in the polling division of St. John’s City
(North) who desire to have their names inserted in
the list of voters for the said polling division are
hereby required to deliver, or cause to be delivered,
their claims in writing for that purpose on or before
the 20th day of July, 1956, to the registering officer
of the said polling division at the Court House,
Long Street,

Every claimant to be registered as a voter shall,
if he is able so to do, with his own hand subscribe
his name and the date of such subscription to the
notice of his claim to be registered as a voter.

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preceding
paragraph, such subscription shall be performed on
his behalf by the registering officer, who shall
witness the same by subscribing his own signature
to the notice of claim of such claimant.

Dated this 28th day of June, 1956.
C. O. Byron,

Supervisor of Elections.

Registering Officer: Address:

Mr. J. K. Hocuss Court House,

Long Street.



ANTIGUA CONSTITUTION AND ELECTIONS
ORDINANCE, 1951.

Notice to Persons entitled to Vote.

Electoral District of Saint John’s City (South)
and Barbuda.

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint John’s City
(South) and Barbuda who desire to have their names
inserted in the list of voters for the said polling
division are hereby required to deliver, or cause to
be delivered, their claims in writing for that purpose
on or before the 20th day of July, 1956, to the
registering officers of the said polling division at
the Education Office, Antigua and Codrington
Village, Barbuda.

Every claimant to be registered as voter shall,
if he is able so to do, with his own hand subscribe
his name and the date of such subsoription to the
notice of his claim to be registered as a voter.

THE LEEWARD ISLANDS GAZETTE

[28 June, 1956.

Tf any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preceding
paragraph, such subscription shall be performed
on his behalf by the registering officer, who shall
witness the same by subscribing his own signature
to the notice of claim of such claimant.

Dated this 28th day of June, 1956.
C. O. Byron,

Supervisor of Elections.

Registering Officers: Address:

Mr. C. C. Epwarps Kducation Office,
Antigua.

Mr. R. S. Byron Codrington Village,
Barbuda.

ANTIGUA CONSTITUTION AND ELECTIONS
OxpInance, 1951

Notice to Persons entitled to vote.
Electoral District of Saint John (Rural) West

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint John
(Rural) West who desire to have their names
inserted in the list of voters for the said polling
division are hereby required to deliver, or cause
to be delivered, their claims in writing for that
purpose on or before the 20th day of July, 1956,
to the registering officer of the said polling division
at the Government School, Greenbay.

Every claimant to be registered as a voter shall,
if he is able so to do, with his own hand subseribe
his name and the date of such subseription to the-
notice of his claim to be registered as a voter,

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the precediug
paragraph, such subscription shall be performed on
his behalf by the registeriag officer, who shall
witness the same by subscribing his own signature
to the notice of claim of such claimant. :

Dated this 28th day of June, 1956.
C. O. Byron,

Supervisor of Elections.

Registering Officer

Address
Mr. Hubert Henry Government School,.
Greenbay.

Assistant

Mrs. H. Henry

Government School,
Greenbay.



28 June, 1956. |

Antigua CoystTITUTION AND ELrctions
OrpiInancr, 1951.

Notice to Persons entitled to Vote.
Electoral District of Saint Jobn (tural) South

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint John
(Rural) South who desire to have their names
inserted in the list of voters for the said polling
division are hereby required to deliver, or cause to
be delivered, their claims in writing for that pur-
pose on or before the 20th day of July, 1946, to
the registering officer of the said polling division at
Ottos, Bendals and All Saints.

Every claimant to be registered as a voter
shall, if he is able so to do, with his own hand
subscribe his name and the date of such subscrip-
tion to the notice of his claim to be registered as a
voter.

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preced-
ing paragraph, such subscription shall be performed
on his behalf by the registering officer, who shall
witness the same by subscribing his own signature
to the notice of claim of such claimant.

Dated this 28th day of June, 1956.
C. O. Byron,

Sunervisor of Elections.

Registering Officer. Address.

Mr. D. 8. Lonerorp Ottos
Assistants.

Mr. KayMmonp SIMON Bendals

Miss Dorotuy Isaac All Saints



ANTIGUA CONSLITUTION AND ELECTIONS
ORDINANCE, 1951

Notice to Persons entitled to vote.

Electoral District of Saint George and Saint
John (Rural) North

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint George
and Saint John (Rural) North who desire to have
their names inserted in the list of voters for the
said polling division are hereby required to deliver,
or cause to be delivered, their claims in writing for
that. purpose on or before the 20th day of July,
1956, to the registering officer of the said polling
division at the Princess Margaret School, St.
John’s Boys’ School and Judges Hill.

Every claimant to be registered as a voter
shall, if he is able so to do, with his own hand sub-
scribe his name and the date of sach subscription
to the notice of his claim to be registered as a voter.

THE LEEWARD ISLANDS GAZETTE.

117

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the
preceding paragraph, such subscription mentioned
Shall be performed on his behalf by the registering
officer, who shall witness the same by subscribing
his own signature to the notice of claim of such
claimant.

Dated this 28th day of June, 1956.

C. O. Byron,
Supervisor of Elections.

Registering Officer Address

Mr. C. M. 0’ Mard Princess Margaret School.
Assistants

Mr. Holister Francis
Mr. Joseph Quinn

St. John’s Boys’ School
Judges Hill

ANIIGUA CoNSTITUTION AND ELECTLONS
OrDINANCE, 1951.

Notice to Persons entitled to vote

Electoral District of Saint Mary

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint Mary who
desire to have their names inserted in the list of
voters for the said polling division are hereby
required to deliver, or cause to be delivered, their
claims in writing for that purpose on or before the
20th day of July, 1956, to the registering officer
of the said polling division at Bolans, Johnson’s

Point, and Old Road.

Every claimant to be registered asa voter shall,
if he is able so to do, with his own hand subscribe
his name and the date of such subscription to the
notice of his claim to be registered as a voter.

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause
to perform the subscription mentioned in the pre-
ceding paragraph, such subscription shall be
performed on his behalf by the registering officer,
who shall witness the same by subscribing his own
signature to the notice of such claimant.

Dated this 28th day of June, 1956.
C. O. Byron,

Supervisor of Elections.

Address

Bolans

Registering Officer
Mr. Carlton Roberts

Asststants
Mr. Theophilus Jacobs
Mr. Lemuel George

Johnson’s Point

Old Road



118

ANTIGUA CONSTITUTION AND ELECTIONS
OrpINnaNncr, 1951



Notice to Persons entitled to vote

Electoral District of Saint Philip and Saint
Peter.

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint Philip and
Saint Peter who desire to have their names inserted
in the list of voters for the said polling division
are hereby required to deliver, or caused to be
delivered, their claims in writing for that purpose
on or before the 20th day of July, 1956, to the
registering officer of the said polling division at
Willikies, Parham, and Freetown.

Every claimant to be registered as « voter
shall, if he is able so to do, with his own hand
subscribe his name and the date of such subscription
to the notice of his claim to be registered as a voter.

Tf any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preceding
paragraph, such subscription shall be performed on
his behalf by the registering officer, who shall wit-
ness the same by subscribing his own signature to
the notice of the claim of such claimant.

Dated this 28th day of June, 1956.

C. O. Byxon,
Supervisor of Elections.

Registering Offieer Address

Mr. John Prince Willikies
Assistants

Mr. Malcolm DeFreitas Parham

Mr. Irving Samuel Freetown

THE LEEWARD ISLANDS GAZETTE

[28 June, 1956.

ANTIGUA CONSTITUTION AND ELECTIONS
ORDINANCE, 1956.

Notice to Persons entitled to Vote.
Electoral District of Saint Paul

All persons qualified as voters for the election
of s member of the Legislative Council of Antigua
residing in the polling division of Saint Paul who
desire to have their names inserted in the list of
voters for the said polling division are hereby
required to deliver, or cause to be delivered, their
claims in writing for that purpose on or before the
20th day of July, 1956, to the registering officer of
the said polling division at Cobbs Cross, Swetes,
Liberta, and Bethesda.

Every claimant to be registered as a voter shall,
if he is able so to do, with his own hand subscribe
his name and the date of subscription to the notice
of his claim to be registered as a voter.

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preceding
paragraph, such subscription shall be performed on
his behalf by the registering officer, who shall wit-
ness the same by subscribing his own signature to
the notice of claim of such claimant.

Dated this 28th day of June, 1956.

C. O. Byron,

Supervisor of Elections.

Address:

Registering Officer:
Cobbs Cross

Mr. Cuartrs Roperts

Assistants:
Mr. Cartron JAcogs Swetes
Miss GERALDINE Ntigss Liberta
Miss In1s EMANUEL Bethesda



28 June, 1956. ] THE LEEWARD ISLANDS GAZETTE. 119

Notice.

The attention of registered voters of the undermentioned electoral districts is directed to the
provisions of the Antigua Constitution and Elections (Amendment) Ordinance, 1956 (No. 17 of 1956)
whereunder the boundaries of the said districts, that is to say—

(i) Saint John’s City (South);
(ii) Saint John’s (Rural) South; and .
(iii) Saint George and Saint John (Rural) North, have been altered.

Voters whose names are already registered in the Voters Lists for the above districts and
residing either on the south of the Factory Road between East Street and Scotts Hill Road (which area
is now included in the electoral district of Saint John’s City (South)) orat Saint Johnston’s Village
(now forming part of the electoral district of Saint George and Saint John (Rural) North) or at Sea
View Farm (now forming part of the electoral district of Saint John’s (Rural) (South)) are hereby
required to make application to the registering officer of the appropriate electoral district listed below to
have their names transferred to the Voters List of that district—

Electoral district
Present residence of voter to which transfer. Registering Officer
should be made.

South of the Factory Road Saint John’s City (South) CiarENCcE G. Epwarps
Education Office, St. John.
St. Johnston’s Village Saint George and Saint John C. M. O’Marp
(Rural) North Princess Margaret School, or

Hontster FRANcIS
St. John’s Boys’ School.

Sea View Farm Saint John’s (Rural) . D. 8S. Lonarorp
South Petersville, Ottos.

CECIL O. BYRON,
Supervisor of Elections.



120

Town and Country Planning
Regulation, 1958

Reeuxations, 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-
tral 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 11.80 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.

DESCRIPTION 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 lands and on the West by private
lands and public road.

Lands at Bendals formerly part of Belvi-
dere’s Estate, comprising of 13.240 acres bound-
ed as follows, that is say, on the North by public
road, on the East by public road, on the South
by Jands of Belvidere and on the West by public
road.

Lands at Bolans formerly part of Jolly
Hill 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 East by public road, on the South 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.

[28 June, 1956.

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

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
Kstates Ltd. and existing village.

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

Lands at St. 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 East 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 Estate.

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. Edwards.

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.

Tur Drarr RESOLUTION ABOVE REFERRED TO

BE IT RESOLVED that the Central
Authority under Section 5 (1) of (0) 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, Parham, St. Philip’s,
Table Hill Gordon and Willikies in the Presi-
dency of Antigua.

Dated the 12th day ot March, 1956.

CLARENCE SIMON,
Secretary § Executive Officer,
Central Authority.

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



28 June, 1956

|

THE LEEWARD ISLANDS GAZETTE.

121

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND
LEEWARD isLANDS

ANTIGUA CIRCUIT.

Appeal No. 21/1944

On appeal from the Magistrate’s Court District “B”,

Rosert JOSEPH

SAMUEL JAMES

Vv.

Appellant

Respon dent

H. Harvey for the Appellant

J. R. Henry for the Respondent
JUDGMENT.

This is an appeal brought by the appellant
from the decision of the Acting Magistrate of Dis-
tricts A and B in Civil Case No. 144 of 1955. The
Magistrate’s decision was delivered at Bolans on the
9th day of November 1959.

The record of the appeal shows that two civil
cases No. 140 of 1955 in which Robert Joseph was
the plaintiff and Samuel James the defendant and
No. 144 of 1955 in which Samuel James was the
plaintiff and Robert Joseph the defendant were
heard on the 26th day of October 1955. The
record bears the following note— ‘“ with the consent
of the parties these cross-suits were tried together.”

The parties to the appeal were represented in
the Magistrate’s Court by the same Counsel who
appeared on the appeal.

In case No. 140 the defendant admitted the
plaintiff's claim which was for the sum of $30
being the balance due and owing on a promissory
note, and judgment was accordingly entered for the
plaintiff in this suit for $80 and $12.80 costs.

In Case No. 144 the plaintiff’s claim reads as
follows:—

“ The plaintiff claims the sum of $40.00
for defendant’s breach of contract.

The defendant wrongfully removed from
car purchased by plaintiff from defendant,
certain seats and fittings sold to plaintiff with
said car.”

It will be observed that although the claim
in Case No. 144 is stated in general terms to be
a claim for breach of contract, nevertheless in the
second paragraph of the claim particulars are
given which indicate quite clearly that the claim
is in respect of the wrongful removal of certain
articles from a car which the defendant had sold
to the plaintiff. The defendant could therefore
hardly have been under any misapprehension as
to the substance of the claim which he had to
meet, the particulars of which are couched in
language more appropriate to an action in tort
than to one in contract.

The defendant in this suit, Robert Joseph
denied the claim but the Magistrate decided in

favour of the plaintiff and entered judgment for
him for $30 and $16.20 costs. The decisions in
both cases were delivered together on the 9th day
of November 1955 and the defendant in Case
No. 144, Robert Joseph, elected to appeal against
the Magistrate’s decision and accordingly filed a
notice of appeal dated the 11th day of November
1955 containing the following grounds of
appeal: —

“(1) That the Court exceeded its juris-
diction in the case viz:
The Magistrate exceeded his jurisdiction
when he decided as a counterelsim a case in
tort unconnected with any claim in contract.

(2) That the decision was crroneous
in point of law viz: Counsel for plaintiff in
the counterclaim having elected to have his
case decided in contract waived the tort.
The Magistrate had no authority to make a
contrary election.”

It was argued by Counsel for the appellant
that case No. 144 was a counterclaim brought by
the plaintiff in that case, Samuel James. In
developing this point counsel said that at the
outset both cases were founded in contract and
that he submitted to the Magistrate at the close
of the case that no breach of contract was dis-
closed by the evidence. Counsel further
contended that the Magistrate exceeded his
jurisdiction in that having altered the basis of
the claim in Case No. 144 from one in contract
to one in tort he then purported to try the cases
together and counsel submitted that the
“gounterclaim” (as ne refers to it) in tort in
case No. 144 could not be tried together with the
claim in Case No. 140 which was founded in
contract as the tort was unconnected with the
claim in contract.

In support of his contention Mr. Harney for
the appellant quoted section 158 of the
Magistrate’s Code of Procedure Act, Chapter 61
of the Revised Laws of the Leeward [slands
1927 (hereinafter referred to as “chapter 61 es
This section rerds as follows:

“158. In an action arising out of a
simp'e contract or where an order is claimed



122

22 THE LEEWARD ISLANDS GAZETTE.

for the payment of money as a civil debt,
the defendant may plead and prove a set-off
or may counter-claim against the plaintiff
provided such counter-claim is based upon
Lue same contract on which the plaintiff is
suing and that the amount claimed whether
by way of set-off or counter-claim or the
balance thereof does not exceed twenty
pounds,”

an obvious error in Counsel’s

he refers to Cuse No. 144 as a
counterclaim to Case No. 140. A counterclaim isa
defence toa claim, not a separate action. Order 19
Rale 3 of the 1940 Annual Practice and the notes
to this Order make this quite clear.

There is
argument when

In the instant circumstances the Magistrate
had before him two separate and distinct actions
which were tried together by consent. In case No.
14.0, the defendant admitted liability with the result
that only the issues in Case No. 144, were left to
be considered by the Magistrate.

Section 158 of Chapter 61 envisages only one
action in which said action a defence, by way of
counterclaim, may be set up by the defendant to
the plaintiff’s claim. The section has no reference
to circumstances (as herein existed) whereby two
separate actions were before the court for adjudica-
tion and were heard together with the consent of
the parties. The section has no application to the
present circumstances and I hold that the
Magistrate did not exceed his jurisdiction in hearing
the cases together. The first ground of appeal
therefore fails.

As regards the second ground of appeal, it was
argued by Mr. Harney in the first place that us the
plaintiff in Case No. 144 had elected to bring his
claim in contract he had waived the tort and the
Magistrate had no authority to make a contrary
election. This argument I understand to mean
that the Magistrate had no power to make the
amendment which he did make in the plaintiff's
claim, and this appears to me to be the crux of the
appeal.

Counsel further said that the Magistrate made
the amendment of his own motion which he sub-
mitted was wrong. The Magistrate, he contended,
should have waited for the respondent’s comnsel to
make the application if he wished, and Mr. Harney
pointed out quite correctly that the record shows no
evidence on the face of it that any such application
was made by the respondent’s counsel.

In support of his argument. on the question of
waiver Mr. Harney referred to the chapter in Clerk
and Lindsell on Torts 9th Edition, which deals
with Waiver by election, and on the question of
the Magistrate’s power to amend he quoted section
26 of the Summary Jurisdiction Act Chapter 21
(hereinafter referred to as “Chapter 21”), which
Chapter is made applicable by section 154 of
Chapter 61, with certain restrictions, to civil pro-
ceedings brought under Part VII of the said
Chapter 61.

[28 June, 1956

Counsel for the appellant referred to the 9th
Edition of Clerk and Lindsell on Torts and quoted
the following words:—

‘Tf a man has more than one remedy for
the same wrong, and elects to pursue one of
them, abandoning the others, he must stand or
full by his election; the other remedies are
waived.”

Tn the light of that quotation, the question for
decision therefore is this—should the plaintiff's.
claim in case No. 144 have failed by reason of the
use of the words “breach of contract ” therein or
could the Magistrate amend the form of the claim
to accord with the substance thereof? I have
already stated that the particulars of the plaintiff’s.
claim indicated that he was suing for the wrongful
removal of articles from the car which the defendant
had sold to him, and I am_ of the opinion that the:
true basis of the plaintiff's claim was fairly evident
in the particulars contained in the second paragraph
thereof. It appears to me that the basis of the
claim in fact lay in tort and not in contract despite
the use of the words “breach of contract”.

Mr. Harney for the appellant quoted section:
26 of Chapter 21 which reads as follows:—

“26. No suit, or proceeding therein,
shall be treated or considered as invalid or
subject to be set aside on account of any verbab
or technical error; but all errors and mistakes
may in all cases be amended or altered by the
Court in its discretion; and, unless the Court
shall otherwise direct all applications to the
Court or in Chambers, which may he necessary
in the course of any suit, may be made verbally.
and without any preliminary formality ,”

and he submitted that this section should be inter-
preted to mean that the court could not make an;
amendment of its own motion but could only do so
on application by one of the parties to a suit.

It will be noticed however that the Court has a
discretion in the matter, and I understand the
section to mean that where the Court does not
exercise its discretion in the first instance to make.
anamendment and leaves it to a party to do so,
then the application for an amendment may be
made verbally and without any preliminary formal-
ity unless the Court otherwise orders, but the Court
can nevertheless, if it wishes make the amendment
itself,

Mr. Henry
Order 28 Rul:
which reads:

“The Court or a Judge may, at any stage:
of the proceedings allow either party to amend
his indersement or pleadings in such manner
and on such terms as may be just, and all such
amendments shall be made as may be necessary
for the purpose of determining the real
questions in controversy between the parties.”

for the respondent referred to.
1 in the 1955 Annual Practice

The question raised by Counsel for the
appellant however is not the Court’s power to allow



28 June, 1956]

parties to amend their indorsement or pleadings, but
whether the Court can of its own motion amend the
same and in this connection Rule 12 of this order
as it appears in the 1940 Annual Practice could
more appropriately have been quoted. This Rule
which has as its side note the words “ General
power to amend” reads as follows:

“The Court or a judge may at any time
and in such terms as to costs or otherwise as
the court or judge may think just, amend any

defect or error in any proceedings, and all
necessary amendments shall be made for the
purpose of determining the real question or
issue raised by or depending on the proceed-
ings”.

The purpose of the provisions of Section 26
cof Chapter 21 and of order 19 Rule 12 are substan-
tially the same in that the Court is thereby enabled
to determine the real question or issue raised by
and depending on proceedings and to avoid
technical points being taken to defeat such
proceedings. If such a practice is permissible in
the Supreme Court and Court of Summary
Jurisdiction there is no reason in principle why a
stricter rule should obtain in a Magistrate’s Court
where proceedings are of a very summary nature,
and I am of the opinion that the Magistrate had
power to make the amendment which he did make.

Mr. Harney contended that even if the

THE LEEWARD ISLANDS GAZETTE.

125

Magistrate was empowered to make the amendment,
the appellant was prejudiced in not being granted
an adjournment as he had come prepared to answer
a claim in contract and suddenly found himself
confronted with a claim in tort. From the wording of
the particulars contained in the second paragraph of
the plaintiff’s claim in Case No. 144 the real issue in
dispute between the parties appear to be sufficiently |
clear, and | cannot accept this contention. In any
event the appellant obviously did not think this
point of any importance at the time or he would
have included it as one of his grounds of appeal. He
has not done so and it cannot now be considered.
Further I am unable to understand why the
question of an adjournment was not raised before
the Magistrate after he had given his ruling on the
submission by appellant’s counsel on the 26th
October 1955, or between this cate and 9th Novem-
ber 1955 when judgment was delivered. The
appellant had an opportunity of applying for an
adjournment if he so wished and he did not avail
himself of it, consequently he cannot now complain
of prejudice.

The appeal is dismissed; and the appellant
must pay $15 costs.

P. Cecitt Lewis,
Ag. Puisne Judge.

8th June, 1956.



124
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.

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

(d) are British subjects.

CREAM OF WHEAT
CANADA, have applied for Rezistration of

in Class 42 that is to say :

The Applicants claim that they have used the
since lst March, 1895 before the d

(CANADA) LTD.,, of:

THE LEEWARD ISLANDS GAZE

APPLICATIONS.

Applications must bé “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), an:!
the application of the four rules to
them with simple, vulgar and deci-
mal fractions.

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

Tr

TE. [28 June, 1936.
(c) Writing from dictation.

(d) West Indian History and
Geography.

SUCCESSFUL CANDIDATES.
Each guccessful candidate ig 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. 8S. EDWaRDs,

Acting Inspector of Schools.

RAINFALL FIGURES.

Central Experiment Station.









Antigua.

Month. 1962. 1953. 1954, 1955. 1956,
Jan, 241 1.93 3.04 2.16 5,15.
Feb. 1.60 102 245 68 123.
Mayr. 1.62 5.60 1.08 83 1.40
April 3.14 2,06 49 1.75 3.83
May 3.07 150 383 281 2.58
To 23rc June3.95 120 261 110 5:07

933 19°26.

15°79 13°31 18°50

-_-__.





TRADE MARKS OFFICE,

CREAM OF WHEAT

Cereal foods.

Antigua, 5th June, 1956.

312 Chambers Street, Winnipeg, Manitoba,
one Trade Mark consisting of the following :—

said Trade Mark in respect of the said goods
ate of their said Application.

Any person may within three months from the date of the first appearance of this Advertise-

ment in the Leeward Islands Gazette, give notice in du

opposition to registration of the snid Trade Mark.

plicate at the Trade Marks Office, Antigua, of

CEcit O. Byron,

Acting Reyistrar of Trade Marks.



ANTIGUA

Printed at the Government Printing Office, Leeward Islands, by Ear Picorr,

Acting Government Printer.— By Authority.

1956.

[Price 36 cents}







Publications Not Available

Supplements to
Leeward Islands Gazette
v. 84 no. 30, June 28, 1956

Imperial Legislations
Leeward Islands Letters
Patent, 1956
Leeward Islands Royal
Instructions, 1956



No. 11 of 1956. The Hducation Ordinance, 1956 MONTSERRAT.

ARRANGEMENT OF SECTIONS

© OO 3 SH Ct

10.

11.

12.

x

13.

1956
No. 11 of 1956



PRELIMINARY.

Short Title.
Interpretation.

PART I

THE DEPARTMENT OF EDUCATION.

Department of Education.
Annual Report.

PART II

EDUCATION COMMITTEE.

Education Committee.

Functions.

Chairman.

Secretary.

Business of the Committee.

Resignation and Vacation of membership.
*

PART III
EDUCATIONAL DISTRICTS.
Proclamation of Educational Districts.
PART IV
EDUCATIONAL DISTRICT OFFICERS.

Appointment of Educational District
Officers.

Powers of Educational District Officers.

QP, 7293
YF 7L

So fp e/,



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

14.

15.

16.

17.

18.
19.

20.
21.
22.

23.

24,

20.

26.
27.

PART V

DUTY OF PARENTS

Duty of parents to cause children to —
receive efficient primary instruction.

School attendance orders.

PART VI

LEGAL PROCEDURE

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

Officer may obtain copy of certificate of
birth.

Summary Jurisdiction as to orders.

_Proceedings in name of Head of the

Department of Education.

PART VII

SCHOOLS AND MANAGEMENT.
Admission.
Records and returns.

Management of Government primary
schools.

Management of Government secondary
schools.

Management of assisted schools.

PART VIII

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.



No. 11 of 1956. The Education Ordinance, 1956 3 MONTSERRAT.

28.

29.
30.
31.

32.
33.

34.
35.

36.

37.

38.

39,

40.

PART IX
SCHOLARSHIPS,

Scholarships.

PART X

GRANTS FROM GENERAL REVENUE.

Conditions of grants-in-aid. 207

. Registers and records.

Refusal of grants-in-aid.

PART XI
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 XII
REGULATIONS.

Regulations.

PART XIII.

COMMENCEMENT,

Commencement.



No. 11 of 1956. The Education Ordinance, 1956 5 MONTSERRAT.

J

[L.8.] ‘
I ASSENT,
(Sd.) K. W. BLACKBURN,
GOVERNOR,
22nd, May, 1956. ©

MONTSERRAT >
No. 11 of 1956

AN ORDINANCE RELATING TO EDUCATION.

ENACTED by the Legislature of Montserrat
as follows:—

(By Proclamation) Commencement..
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 by ‘a 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;

“Committee ” means the Education Committee
established in accordance with the pro-
visions of section 5 of this Ordinance ;

“Department” means the Department of
Education;

“Educational District Officer” means any
officer appointed under section 12 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;

(b) instruction received at any private
school; or



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

(c) private instruction received other-
wise than at a school:

Provided the person giving such
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 person 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 Edu-
cation as providing primary education
for pupils up to the age of twelve years
and post-primary 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-
cation to pupils beyond the age of
twelve years ;

“private school” means a school or educa-

_ tional class or institution attended by

twenty 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 school or in any private
school, on the register of teachers kept



No. 11 of 1956. The Education Ordinance, 1956 7 MONTSERRAT.

by the Head of the Department, of
Education.

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 2@Â¥c###on.
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 2"
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
EDUCATION COMMITTEE.

5. (1) There shall be established an Educa- Education
tion Committee hereinafter referred to as “the Committee
Committee ” and composed of not less than seven
and not more than nine members, representing
educational interests in the Presidency, appointed
by the Governor in Council.

(2) Every member of the Committee shall
hold office for two years from the date of his ap-
pointment and shall be eligible for re-appointment.

6. The functions of the Committee shall be Functions.
to advise the Governor generally in regard tc
educational policy 'and principles and on any
matters connected with the education system of
the Presidency which the Governor may submit
for the Committee’s opinion and to submit its
views on any other educational question which
the Governor may refer to it:

Provided that in the absence of such
reference the Committee may draw attention to
any ‘aspect of the Education system of the Presi-
dency that, in its opinion requires attention.

7. The Chairman of the Committee shall be Chairman.
appointed by the Governor in Council:

Provided that in his absence the Committee
may elect one of its members as Chairman at any
meeting.

8. The Secretary of the Committee shall be Secretary.
such person as may be appointed by the Governor
from time to time:



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

Business of
the Com-
mittee.

Resignation
and Vacation
of member-
ship.

Proclamation
of Educational
districts.

Appointment
of Educational
District Officers

9. (1) The Chairman shall summon a meet-
ing of the Committee not less than once in every
six months and at any time upon a requisition
signed by any three members of the Committee.

(2) Such requisition shall state the object for
which the meeting is required to be summoned.

(3) Five members of the Committee shall
form a quorum. |

(4) The Chairman shall have an original vote
-but not a casting vote.

(5) The Committee shall cause to be kept a
Minute Book in which its proceedings shall be re-
corded.

10. (1) Any member may resign his seat on

the Committee by letter addressed to the Governor.

(2) Any member of the Committee who fails

to attend four consecutive meetings of the Com-

mittee shall, unless the failure was due to some

reason approved by the Governor, cease to be a
member of the Committee.

(3) In case of the absence on leave or through
illhealth of any member of the Committee, the
Governor in Council may appoint any other person
act in his stead.

PART III
EDUCATIONAL DISTRICTS.

11. The Governor may, with the advice and
consent of the Executive Council, by proclamation
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 IV

EDUCATIONAL DISTRICT.

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



No. 11 of 1956. The Education Ordinance, 1956 9 -MONTSERRAT.

13. Every Educational District Officer shall Eo oe
have authority to enter any yard, house, building pistrict
or place, between the hours of six of the clock in Offcers.
the morning and five of the clock in the afternoon
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
afford to any Educational District Officer reason-
ably requiring the same, any information of
which such person is possessed as to the age cf
any child, shall be guilty of an offence, and shiall
be liable on summary conviction to a fine not
exceeding twenty dollars.

PART V

Duty OF PARENTS.

14. (1) It shall be the duty of the parent of buty of
every child — bareute to"
children to-

receive

efficient

primary
Instruction.

(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 child, unless he has reason-
able excuse, to cause the child to
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
Government or assisted primary
school open, that the child can
attend, or

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



MONTSERRAT. 10 The Education Ordinance, 1956 No. 11 of 1956.

School
attendance
orders.

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

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

15. (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 of
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

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 notice has been served
upon @ parent by the Head of the Department of
Education, the parent fails to satisfy him in
accordance with the requirements of the notice
that the child to whom the notice relates is re-
cciving efficient primary instruction, then, if in
the opinion of the Head of the Department ot
Education it is expedient that the child should
attend school, the Head of the Department of
Education shall serve upon the parent, an order
in the prescribed form (hereinafter referred to as
a’ “school 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 VI
LEGAL PROCEDURE.

16. 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 may 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
ee to be the true age of such child at that

ime.



fo. 11 of 1956. The Education Ordinance, 1956 11 MONTSERRAT.

17. Every Education District Officer shall be
entitled to obtain from the Registrar General free
of all charges a certified copy of any entry in any
register in his custody with respect to the birth
of any child.

18. 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.

19. All proceedings under this Ordinance
shall be specified in a table approved by the Head of
the Department of Education.

PART VII
SCHOOLS AND MANAGEMENT.

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

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

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

22. 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.

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

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

PART VIII

RELIGIOUS INSTRUCTION.

25. 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

Officer may
obtain copy
of certificate
ot birth.

Summary
Jurisdiction
as to orders
Cap. 61.

Proceedings
in name of
Head of
Department
of Education.

Admission.

Records and
returns.

Management of
Government
primary schools

Management of-*
Government
secondary
schools.

Management
of assisted
schools.

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



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

Further
religious
instruction.

Child may be
withdrawn by
Parents from
any religious
instruction.

Scholarships.

Conditions of
grants in aid.

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.

26. 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.

27. (1) Every Government and assisted school
shall be open to children of all denominations, 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-
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 the
school for primary instruction shall be either at
the beginning or at the end of such session and
Shall be specified in a table approved by the Head
of the Department of Education.

PART IX.
SCHOLARSHIPS.

28. 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 X.

GRANTS FROM GENERAL REVENUE.

29. 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.



No. 11 of 1956. The Education Ordinance, 1956 13 MONTSERRAT.

30. (1) There shall be kept in respect of-every et be
assisted school such registers as may be. required expenditure will
by the Head of the Department of Education and ‘™sp°ction.
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, shall
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.

ee No grant shall be made to any assisted were of a

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

(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 XI.
PRIVATE SCHOOLS.

32. (1) No private school shall after the date Orening of
of the commencement of this Ordinance be conducted P™’*** 8P°Os-
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.

(8) 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.



MONTSERRAT

Returns to be
furnished by
proprietors and
particulars to |
‘be registered

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

~

33. (1) Every 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;

(bd) 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 ;

(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
ere 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 yearJ the proprietor shall furnish the
Head 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 likely
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



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

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
31st December containing the following particu-
lars :—

(i) the number of sessions during which
the school 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 ”’.

34. No person shall be employed in a private Disquaus-
school as a teacher or act as a teacher therein if it ¢*40ns 2
is shown to the satisfaction of the Governor in
Council that he is unsuitable to be in charge of
children or to teach them.

35. (1) Any proprietor of a private school ostences

who — in respect
of returns,

(a) fails to furnish the returns required oe ope
by this Ordinance, and in the manner teachers.

so required ; or

(b) furnishes a return which he knows to
be false or misleading in a material
particular ; or

(c) knowingly employs as a tecaher any
person who is disqualified under section
28 of this Ordinance to act as such,
ior 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 34 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.



MONTSERRAT. 16

Closure of
schools

not conducted
in accordance
with the

law.

The Head

of the
Department

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

Power of
Governor
in Council
to make
regulations.

The Education Ordinance, 1956No. 11 of 1956.

36. 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.

37. (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
ue Ordinance or by any-regulations made there-
under.

(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.

_ 88. The Governor in Council may make regula-
tions in respect of the following matters :—



o. 11 of 1956. The Education Ordinance, 1956 17 MONTSERRAT. —

(a) the size of classrooms in private
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

(d) generally, for more effectually carry-
ing out the provisions of this part of
this Ordinance.

PART XII.

REGULATIONS.

39. 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-
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 ;

(ili) the award, amount and _ tenure
of scholarships and the condi-



MONTSERRAT. 18 The Education Ordinance, 1956 No. 11 of 1956.

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 X inclusive of this Ordinance.

PART XIII

COMMENCEMENT.

Commencement. 40. This Ordinance shall come into operation on
a date to be appointed by the Governor by Pro-
clamation to be published in the Gazette.

O. E. HENRY,
President.

Passed the Legislative Council this 18th day of
May, 1956.

Js. H. CARROTT,
. Clerk of the Couneil.

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



LBEWARD ISLANDS.

ANTIGUA.



STATUTORY RULES AND ORDERS.
1956, No. 238.

Tur Ar To ProncER [NDUsiRims (MANUFACTURE OF STaRcnr)
Orper, 1956, paTED JuNB 15, 1956, MADE BY THE
(FOVERNOR IN COUNCIL UNDER SECTION 3(1) OF THE
Aip To Pronnur [NDusTRIBS, ORvInsNce, 1950 (No. 9
or 1950). .



1. Citation. This Order may be cited as the Aid to
Pioneer Industries (Manufacture of Starch) Order, 1956.

2. Manufacture of Starch declared a Pioneer
Industry. The manufacture of starch is hereby declared
to be a pioneer industry for the purposes of the Aid to
Pioneer Industries Ordinance, 1950 and the following
product is hereby declared to be a pioneer product for the
said purposes:—

Starch, including arrowroot starch.

Made by the Governor in Council this 15th day of June,
1956. ;

F, A.. CLarkg,
Clerk of Executive Council.

: ANTIGUA
Printed at the Government Printing Office, Leewnrd Islands,
by EARL Pigort, Acting Government Printer.—By Authority.
1956.
A. 42/5—11—-500—6.56. Price 3 cents.



LEEWARD ISLANDS.

ANTIGUA.



STATUTORY RULES AND ORDERS,
1956, No. 24.

Tur Ar to Pioneer Inpustrres (INDUSTRIAL DEVELOPMENT
Boarp) (Manuracrure or Srarcu) Orpen, 1956, MADE
BY THE GOVERNOR IN CoUNCIL UNDER SECTION 4 (1) OF
THE AID. TO PIonreR INDUSTRIES ORDINANCE, 1950
(No. 9 or 1950).

1. Citation. This Order may be cited as the Aid to
Pioneer Industries (Industrial Development Board) (Manu-
facture of Starch) Order, 1956.

2. Declaration of Pioneer Manufacturer.
The Industrial Development Board (established under the
Industrial Development Ordinance, 1950) is hereby declared,
with effect from the 15th day of June, 1956, to be a pioneer
manufacturer for the purposes of the Aid to Pioneer Industries
Ordinance, 1950, in relation to the pioneer factory situated at
Old Road in the Parish of St. Mary and in relation to the
manufacture of the following pioneer product:—

Starch, including arrowroot starch ;

the manufacture of which was declared to be a Pioneer Industry
by the Aid to Pioneer Industries (Manufacture of Starch)
Order, 1956; and the production day of the said industrial
Development Board in relation to the abovementioned pioneer
product is declared to be the 15th day of January, 1957.

Made by the Governor in Council the 15th day of June,
1956.

F. A. CLARKE,
Clerk of Eecutive Council.

ANTIGUA.
Printed at the Government Printing Offioc, Leeward Islands,
by Earn Picorr, Acting Government Printer.—By Authority.
1956.

A, 42/5—11—500— 6.56 [Price 3 cents.)



LEEWARD ISLANDS.

ANTIGUA.
STATUTORY RULES AND ORDERS.

1956, No. 27.

Tue Apaprarion oF Laws (No. 2) ReEGuLations, 1956,
DATED JUNE 26, 1956, MADE BY THE GOVERNOR UNDER
secTION 5 oF THE Lrewarp IsLanps (MISCELLANEOUS
PRovVISIONS) OxDER IN CouncrL, (IMpERIAL) (1956, No.
$33).

1 Ssorr Titre anp Commencement. (1) These
Regulations may be cited as the Adaptation of Laws (No. 2)
Regulations, 1956.

(2) These Regulations shall come into operation on the
first. day of July, 1956.

2. Iyrerrretation. In these Regulations—

“the Act’ means the Leeward Islands Act, 1956
(Imperial, 4 & 5 Eliz. 2, Ch. 28);

7

“ the appointed day ” means the first day of July, 1956;
“the Order” means the Leeward Islands (Miscellaneous
Provisions) Order in Council, 1956 (Imperial 8.1.
1946, No. 833);

“subsidiary legislation” means any regulation, rule, by-law,
proclamation, order in council, order, direction, notice,
form or other instrument made before the appointed
day by virtue of any Act of the Legislature of
Anugua.

3. CONTINUATION AND ADAPTATION OF ORDINANCES AND
Sopsrprary Leeaistation, (1) All Ordinances of the Legisla-
ture of Antigua (except the Antigua Constitution and Elec-
tions Ordinance, 1941) that are in force immediately before the
appointed day shall remain valid after the beginning of the
appointed day notwithstanding the constitution of Antigua as
a separate Colony.



(2) An Ordinance that has effect in Antigua after the
beginning of the appointed day by virtue of subsection (1) of
of this section, and all subsidiary legislation which is in force
in Antigua after the beginning of the appointed day shall he
construed with such adaptations and modifications (if any) as
are necessary to bring them into conformity with the provisions
of the Act and the Order.

Made by the Governor this 26th day of June, 1956.

K. W. Briackpurny,
(rovernor.

ANTIGUA.
Printed at the Government Printing Office. Leeward Islands
by Earn Pigort, Acting Government Printer.—By Authority.
196,

A. 47/186 —480—6.56. Price 4 cents.



LEEWARD ISLANDS.

MONTSERRAT.
STATUTORY RULES AND ORDERS.

.1956, No. 18.

Proclamation dated June 25, 1956, bringing into opera-
tion the Education Ordinance, 1956 (No. 11 of 1956).

BY THE GOVERNOR.
A PROCLAMATION.
O. E. Henry,

Acting Commissioner.

WHEREAS by section 40 of the Education Ordinance,
1956 (No. 11 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 (sazette:

NOW THEREFORE, I, Oscar Ernerserr Heyry,
Acting Commissioner of the Presidency of Montserrat, do by
this my proclamation 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 Montserrat and all those whom it may concern are hereby
required to take due notice hereof and to give their ready
obedience accordingly.

GIVEN atthe Commissioner’s Office, Montserrat,
this 25th day of June, 1956, in the fifth
year of Her Majesty’s reign.

GOD SAVE THE QUEEN!

ANTIGOA.
Printed at the Government Printing Office. Leeward Islands,
by EARL Pigott, Acting Government Printer.—By Authority.
1956,
M. £7/1—480—6.56. Price 3 cenis



LEEWARD ISLANDS.

MONTSERRAT.
STATUTORY RULES AND ORDERS.

1956, No. 19.

Tur Apaprarion or Laws (No. 2) Reguiations, 1956,
DATED JUNE 26, 1956, MADE BY THE GOVERNOR UNDER
secTION 5 oF THE Lrewarp IsLtanps (MIscELLANEOUS
Provisions) OrDER IN Councin, (ImpEri1aL) (1956, No.
$33).

1 Snort Tirinz ann ComMENceMENT. (1) These
Regulations may be cited as the Adaptation of Laws (No. 2)
Regulations, 1956.

(2) These Regulations shall come into operation on the
first day of July, 1946.

2. [nrerpreration. In these Regulations—

“the Act’ means the Leeward Islands Act, 1956
(Imperial, 4 & 5 Eliz. 2, Ch. 28);

“ the appointed day”? means the first day of July, 1956;

“the Order” means the Leeward Islands (Miscellaneous
Provisions) Order in Council, 1956 (Imperial 3.1.
1956, No, 333);

“subsidiary legislation” means any regulation, rule, by-law,
proclamation, order in council, order, direction, notice,
form or other instrument made before the appointed
day by virtue of apy Act of the Legisliture of
Montserrat.

8. CONTINUATION AND ADAPTATION OF ORDINANCES AND
Supsiprary Leaisuarion. (1) All Ordinances of the Legisla-
ture of Montserrat (except the Montserrat Constitution and
Elections Ordinance, 1952) that are in force immediately before
the appointed day shall remain valid after the beginning of
the appointed day notwithstanding the constitution of Mont-
serrat as a separate Colony.



2

(2) An Ordinance that has effect in Montserrat after the
beginning of the appointed day bv virtue of subsection (1) of
of this section, and all subsidiary legislation which is in force
in Montserrat after the beginning of the appointed day shall be
construed with such adaptations and modifications (if any) as
are necessary to bring them into conformity with the provisions
of the Act and the Order.

Made by the Governor this 26th day of June, 1956.

K. W. BruackBurny,
Governor.

ANTIGUA.
Printed at the Government Printing Oflivee. Leeward [slands
by EARL Pigort, Acting Government Printer.—By Authority.
1956,

47/00398—500—6.56. Price 4 cents.



LEEWARD ISLANDS.

VIRGIN ISLANDS.
STATUTORY RULES AND ORDERS.

1956, No. 26.

Tue Apapration oF Laws (No, 2) Reaurarions, 1956,
DATED JUNE 26, 1956, MADE BY THE GOVERNOR UNDER
SECTION 5 OF THE Lergewarp IsLanps- (MISCELLANEOUS
Provisions) OrpDEK In Councin, (IMPERIAL) (1956, No.
$33).

1 Suort Trirtz anp CoMMENCEMENT. (1) These
Regulations may be cited as the Adaptation of Laws (No. 2)
Regulations, 1956.

(2) These Regulations shall come into operation on the
first day of July, 1936.

2. tnrerrreration.’ In these Regulations—

“the Act” means the Leeward Islands Act, 1956
(Imperial, 4 & 5 Eliz, 2, Ch. 23);

’

“ the appointed day ” means the first day of July, 1956;

“the Order”? means the Leeward Islands (Miscellaneous
Provisions) Order in Council, 1956 (Imperial 5.1.
1956, No. 533);

“subsidiary legislation” means any regulation, rule, by-law,
proclamation, order in council, order, direction, notice,
form or other instrument made before the appointed
day by virtue of any Act of the Legislature of
the Virgin Islands.

3. CONTINUATION AND ADAPTATION OF ORDINANCES AND
Susstpiary Leaisnarion. (1) All Ordinances of the Legisla-
ture of the Virgin Islands (except the Virgin Islands Consti-
tution and Elections Ordinance, 1954) that are in force
immediately before the appointed day shal] remain valid after
the beginning of the appointed day notwithstanding the consti-
tution of the Virgin Islands as a separate Colony.



2

(2) An Ordinance that has effect in the Virgin Islands
after the beginning of the appointed day by virtue of subsection
(1) of this section, and all subsidiary legislation which is in force
in the Virgin Islands after the beginning of the appointed day
shall be construed with such adaptations and modifications
(if any) ag are necessary to bring them into conformity with
the provisions of the Act and the Order.

Made by the Governor this 26th day of June, 1956.

K. W. BrackBurnn,
Governor.

ANTIGUA.
Printed at the Government Printing Offive. Leeward Islands
by Earn Pigorr, Acting Government Printer.-—By Authority.
1956.
47/00399—500—6.56. Prioe 4 cents.



Full Text


115

LEEWARD ISLANDS
GAZETTE.

No. 30.



Notices,

OONFIRMATION OF ORDINANCH.
No. 76.

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

Aniigua.

No. 3 of 1956, “fhe Appropriation
Ordinance, 1956.”

No. 77.

The following Imperial Legislation,
Ordinance and Statutory Rules and
Orders are circulated with this Gazette
‘and form part thereof:—

IMPERIAL LEGISLATION
Letters Patent

Letters
9 pp.

“The Leeward Islands
Patent, 1956.”

’ Instructions.

“The Leeward Islands Royal In-
structions, 1956.” 12 pp.
(Price to be notified in a later issue.)

ORDINANCE.
Montserrat.

No. 11 of 1956, “The Education
Ordinance, 1956.” 18 pp.
(Price to be notified in a later issue.)

STATUTORY RULES & ORDERS.
Antigua.

No. 23 of 1956, “The Aid to
Pioneer Industries (Manufacture of
Starch) Order. 1956.”

1 pp. Price 3 cts.

No. 24 of 1956, “The Aid to
Pioneer Industries (Industrial Devel-
opment Board) (Manufacture of
Starch) Order, 1956.”

1 pp. Price 3 cts.

No. 27 of 1956, ‘The Adaptation
of Laws (No. 2) Regulations, 1956.”
2 pp. Price 4 cts.

329. 7I94
L 487A

Montserrat.

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

1 pp. Price 3 cts.

No. 19 of 1956. “ The Adaptation
of Laws (No. 2) Regulations, 1956.”
2 pp. Price 4 cts.

Virgin Islands.

No. 26 of 1956, “The Adaptation
ot Laws (No. 2) Regulations, 1956.”
2 pp. Price 4 cts.



TRADE MARKS OFFICE,
ANTIGUA, 5th June, 1956

SOCONY 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

Class in respect of Chemicals derived
1 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,

Class heating, power, burning, lubri-
A7 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.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for more
than 21 years 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
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

CECIL O. BYRON,
Acting Registrar of Trade Murks.



TRADE MARKS OFFICE,
ANTIGUA, 5th June, 1956.
N.V.J. VAN DORP of GOUDA
(The Netherlands), VAN BERGEN
I JAZENDOORNPARK 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 years
before the date of their said A pplica-
tion.

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

CecIL O. BYRON,

Acting Registrar of T'rade Marks.



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.
116

ANTIGUA CoNsTITUTION and Fecrions
ORDINANCE, 1951.

Notice to Persons entitled to Vote.
Electoral District of Saint John’s City (North)

All persons qualified as voters for the election
of « member of the Legislative Council of Antigua
resi ling in the polling division of St. John’s City
(North) who desire to have their names inserted in
the list of voters for the said polling division are
hereby required to deliver, or cause to be delivered,
their claims in writing for that purpose on or before
the 20th day of July, 1956, to the registering officer
of the said polling division at the Court House,
Long Street,

Every claimant to be registered as a voter shall,
if he is able so to do, with his own hand subscribe
his name and the date of such subscription to the
notice of his claim to be registered as a voter.

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preceding
paragraph, such subscription shall be performed on
his behalf by the registering officer, who shall
witness the same by subscribing his own signature
to the notice of claim of such claimant.

Dated this 28th day of June, 1956.
C. O. Byron,

Supervisor of Elections.

Registering Officer: Address:

Mr. J. K. Hocuss Court House,

Long Street.



ANTIGUA CONSTITUTION AND ELECTIONS
ORDINANCE, 1951.

Notice to Persons entitled to Vote.

Electoral District of Saint John’s City (South)
and Barbuda.

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint John’s City
(South) and Barbuda who desire to have their names
inserted in the list of voters for the said polling
division are hereby required to deliver, or cause to
be delivered, their claims in writing for that purpose
on or before the 20th day of July, 1956, to the
registering officers of the said polling division at
the Education Office, Antigua and Codrington
Village, Barbuda.

Every claimant to be registered as voter shall,
if he is able so to do, with his own hand subscribe
his name and the date of such subsoription to the
notice of his claim to be registered as a voter.

THE LEEWARD ISLANDS GAZETTE

[28 June, 1956.

Tf any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preceding
paragraph, such subscription shall be performed
on his behalf by the registering officer, who shall
witness the same by subscribing his own signature
to the notice of claim of such claimant.

Dated this 28th day of June, 1956.
C. O. Byron,

Supervisor of Elections.

Registering Officers: Address:

Mr. C. C. Epwarps Kducation Office,
Antigua.

Mr. R. S. Byron Codrington Village,
Barbuda.

ANTIGUA CONSTITUTION AND ELECTIONS
OxpInance, 1951

Notice to Persons entitled to vote.
Electoral District of Saint John (Rural) West

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint John
(Rural) West who desire to have their names
inserted in the list of voters for the said polling
division are hereby required to deliver, or cause
to be delivered, their claims in writing for that
purpose on or before the 20th day of July, 1956,
to the registering officer of the said polling division
at the Government School, Greenbay.

Every claimant to be registered as a voter shall,
if he is able so to do, with his own hand subseribe
his name and the date of such subseription to the-
notice of his claim to be registered as a voter,

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the precediug
paragraph, such subscription shall be performed on
his behalf by the registeriag officer, who shall
witness the same by subscribing his own signature
to the notice of claim of such claimant. :

Dated this 28th day of June, 1956.
C. O. Byron,

Supervisor of Elections.

Registering Officer

Address
Mr. Hubert Henry Government School,.
Greenbay.

Assistant

Mrs. H. Henry

Government School,
Greenbay.
28 June, 1956. |

Antigua CoystTITUTION AND ELrctions
OrpiInancr, 1951.

Notice to Persons entitled to Vote.
Electoral District of Saint Jobn (tural) South

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint John
(Rural) South who desire to have their names
inserted in the list of voters for the said polling
division are hereby required to deliver, or cause to
be delivered, their claims in writing for that pur-
pose on or before the 20th day of July, 1946, to
the registering officer of the said polling division at
Ottos, Bendals and All Saints.

Every claimant to be registered as a voter
shall, if he is able so to do, with his own hand
subscribe his name and the date of such subscrip-
tion to the notice of his claim to be registered as a
voter.

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preced-
ing paragraph, such subscription shall be performed
on his behalf by the registering officer, who shall
witness the same by subscribing his own signature
to the notice of claim of such claimant.

Dated this 28th day of June, 1956.
C. O. Byron,

Sunervisor of Elections.

Registering Officer. Address.

Mr. D. 8. Lonerorp Ottos
Assistants.

Mr. KayMmonp SIMON Bendals

Miss Dorotuy Isaac All Saints



ANTIGUA CONSLITUTION AND ELECTIONS
ORDINANCE, 1951

Notice to Persons entitled to vote.

Electoral District of Saint George and Saint
John (Rural) North

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint George
and Saint John (Rural) North who desire to have
their names inserted in the list of voters for the
said polling division are hereby required to deliver,
or cause to be delivered, their claims in writing for
that. purpose on or before the 20th day of July,
1956, to the registering officer of the said polling
division at the Princess Margaret School, St.
John’s Boys’ School and Judges Hill.

Every claimant to be registered as a voter
shall, if he is able so to do, with his own hand sub-
scribe his name and the date of sach subscription
to the notice of his claim to be registered as a voter.

THE LEEWARD ISLANDS GAZETTE.

117

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the
preceding paragraph, such subscription mentioned
Shall be performed on his behalf by the registering
officer, who shall witness the same by subscribing
his own signature to the notice of claim of such
claimant.

Dated this 28th day of June, 1956.

C. O. Byron,
Supervisor of Elections.

Registering Officer Address

Mr. C. M. 0’ Mard Princess Margaret School.
Assistants

Mr. Holister Francis
Mr. Joseph Quinn

St. John’s Boys’ School
Judges Hill

ANIIGUA CoNSTITUTION AND ELECTLONS
OrDINANCE, 1951.

Notice to Persons entitled to vote

Electoral District of Saint Mary

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint Mary who
desire to have their names inserted in the list of
voters for the said polling division are hereby
required to deliver, or cause to be delivered, their
claims in writing for that purpose on or before the
20th day of July, 1956, to the registering officer
of the said polling division at Bolans, Johnson’s

Point, and Old Road.

Every claimant to be registered asa voter shall,
if he is able so to do, with his own hand subscribe
his name and the date of such subscription to the
notice of his claim to be registered as a voter.

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause
to perform the subscription mentioned in the pre-
ceding paragraph, such subscription shall be
performed on his behalf by the registering officer,
who shall witness the same by subscribing his own
signature to the notice of such claimant.

Dated this 28th day of June, 1956.
C. O. Byron,

Supervisor of Elections.

Address

Bolans

Registering Officer
Mr. Carlton Roberts

Asststants
Mr. Theophilus Jacobs
Mr. Lemuel George

Johnson’s Point

Old Road
118

ANTIGUA CONSTITUTION AND ELECTIONS
OrpINnaNncr, 1951



Notice to Persons entitled to vote

Electoral District of Saint Philip and Saint
Peter.

All persons qualified as voters for the election
of a member of the Legislative Council of Antigua
residing in the polling division of Saint Philip and
Saint Peter who desire to have their names inserted
in the list of voters for the said polling division
are hereby required to deliver, or caused to be
delivered, their claims in writing for that purpose
on or before the 20th day of July, 1956, to the
registering officer of the said polling division at
Willikies, Parham, and Freetown.

Every claimant to be registered as « voter
shall, if he is able so to do, with his own hand
subscribe his name and the date of such subscription
to the notice of his claim to be registered as a voter.

Tf any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preceding
paragraph, such subscription shall be performed on
his behalf by the registering officer, who shall wit-
ness the same by subscribing his own signature to
the notice of the claim of such claimant.

Dated this 28th day of June, 1956.

C. O. Byxon,
Supervisor of Elections.

Registering Offieer Address

Mr. John Prince Willikies
Assistants

Mr. Malcolm DeFreitas Parham

Mr. Irving Samuel Freetown

THE LEEWARD ISLANDS GAZETTE

[28 June, 1956.

ANTIGUA CONSTITUTION AND ELECTIONS
ORDINANCE, 1956.

Notice to Persons entitled to Vote.
Electoral District of Saint Paul

All persons qualified as voters for the election
of s member of the Legislative Council of Antigua
residing in the polling division of Saint Paul who
desire to have their names inserted in the list of
voters for the said polling division are hereby
required to deliver, or cause to be delivered, their
claims in writing for that purpose on or before the
20th day of July, 1956, to the registering officer of
the said polling division at Cobbs Cross, Swetes,
Liberta, and Bethesda.

Every claimant to be registered as a voter shall,
if he is able so to do, with his own hand subscribe
his name and the date of subscription to the notice
of his claim to be registered as a voter.

If any such claimant is unable by reason of
illiteracy, blindness or any other physical cause to
perform the subscription mentioned in the preceding
paragraph, such subscription shall be performed on
his behalf by the registering officer, who shall wit-
ness the same by subscribing his own signature to
the notice of claim of such claimant.

Dated this 28th day of June, 1956.

C. O. Byron,

Supervisor of Elections.

Address:

Registering Officer:
Cobbs Cross

Mr. Cuartrs Roperts

Assistants:
Mr. Cartron JAcogs Swetes
Miss GERALDINE Ntigss Liberta
Miss In1s EMANUEL Bethesda
28 June, 1956. ] THE LEEWARD ISLANDS GAZETTE. 119

Notice.

The attention of registered voters of the undermentioned electoral districts is directed to the
provisions of the Antigua Constitution and Elections (Amendment) Ordinance, 1956 (No. 17 of 1956)
whereunder the boundaries of the said districts, that is to say—

(i) Saint John’s City (South);
(ii) Saint John’s (Rural) South; and .
(iii) Saint George and Saint John (Rural) North, have been altered.

Voters whose names are already registered in the Voters Lists for the above districts and
residing either on the south of the Factory Road between East Street and Scotts Hill Road (which area
is now included in the electoral district of Saint John’s City (South)) orat Saint Johnston’s Village
(now forming part of the electoral district of Saint George and Saint John (Rural) North) or at Sea
View Farm (now forming part of the electoral district of Saint John’s (Rural) (South)) are hereby
required to make application to the registering officer of the appropriate electoral district listed below to
have their names transferred to the Voters List of that district—

Electoral district
Present residence of voter to which transfer. Registering Officer
should be made.

South of the Factory Road Saint John’s City (South) CiarENCcE G. Epwarps
Education Office, St. John.
St. Johnston’s Village Saint George and Saint John C. M. O’Marp
(Rural) North Princess Margaret School, or

Hontster FRANcIS
St. John’s Boys’ School.

Sea View Farm Saint John’s (Rural) . D. 8S. Lonarorp
South Petersville, Ottos.

CECIL O. BYRON,
Supervisor of Elections.
120

Town and Country Planning
Regulation, 1958

Reeuxations, 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-
tral 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 11.80 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.

DESCRIPTION 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 lands and on the West by private
lands and public road.

Lands at Bendals formerly part of Belvi-
dere’s Estate, comprising of 13.240 acres bound-
ed as follows, that is say, on the North by public
road, on the East by public road, on the South
by Jands of Belvidere and on the West by public
road.

Lands at Bolans formerly part of Jolly
Hill 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 East by public road, on the South 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.

[28 June, 1956.

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

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
Kstates Ltd. and existing village.

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

Lands at St. 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 East 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 Estate.

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. Edwards.

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.

Tur Drarr RESOLUTION ABOVE REFERRED TO

BE IT RESOLVED that the Central
Authority under Section 5 (1) of (0) 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, Parham, St. Philip’s,
Table Hill Gordon and Willikies in the Presi-
dency of Antigua.

Dated the 12th day ot March, 1956.

CLARENCE SIMON,
Secretary § Executive Officer,
Central Authority.

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

|

THE LEEWARD ISLANDS GAZETTE.

121

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND
LEEWARD isLANDS

ANTIGUA CIRCUIT.

Appeal No. 21/1944

On appeal from the Magistrate’s Court District “B”,

Rosert JOSEPH

SAMUEL JAMES

Vv.

Appellant

Respon dent

H. Harvey for the Appellant

J. R. Henry for the Respondent
JUDGMENT.

This is an appeal brought by the appellant
from the decision of the Acting Magistrate of Dis-
tricts A and B in Civil Case No. 144 of 1955. The
Magistrate’s decision was delivered at Bolans on the
9th day of November 1959.

The record of the appeal shows that two civil
cases No. 140 of 1955 in which Robert Joseph was
the plaintiff and Samuel James the defendant and
No. 144 of 1955 in which Samuel James was the
plaintiff and Robert Joseph the defendant were
heard on the 26th day of October 1955. The
record bears the following note— ‘“ with the consent
of the parties these cross-suits were tried together.”

The parties to the appeal were represented in
the Magistrate’s Court by the same Counsel who
appeared on the appeal.

In case No. 140 the defendant admitted the
plaintiff's claim which was for the sum of $30
being the balance due and owing on a promissory
note, and judgment was accordingly entered for the
plaintiff in this suit for $80 and $12.80 costs.

In Case No. 144 the plaintiff’s claim reads as
follows:—

“ The plaintiff claims the sum of $40.00
for defendant’s breach of contract.

The defendant wrongfully removed from
car purchased by plaintiff from defendant,
certain seats and fittings sold to plaintiff with
said car.”

It will be observed that although the claim
in Case No. 144 is stated in general terms to be
a claim for breach of contract, nevertheless in the
second paragraph of the claim particulars are
given which indicate quite clearly that the claim
is in respect of the wrongful removal of certain
articles from a car which the defendant had sold
to the plaintiff. The defendant could therefore
hardly have been under any misapprehension as
to the substance of the claim which he had to
meet, the particulars of which are couched in
language more appropriate to an action in tort
than to one in contract.

The defendant in this suit, Robert Joseph
denied the claim but the Magistrate decided in

favour of the plaintiff and entered judgment for
him for $30 and $16.20 costs. The decisions in
both cases were delivered together on the 9th day
of November 1955 and the defendant in Case
No. 144, Robert Joseph, elected to appeal against
the Magistrate’s decision and accordingly filed a
notice of appeal dated the 11th day of November
1955 containing the following grounds of
appeal: —

“(1) That the Court exceeded its juris-
diction in the case viz:
The Magistrate exceeded his jurisdiction
when he decided as a counterelsim a case in
tort unconnected with any claim in contract.

(2) That the decision was crroneous
in point of law viz: Counsel for plaintiff in
the counterclaim having elected to have his
case decided in contract waived the tort.
The Magistrate had no authority to make a
contrary election.”

It was argued by Counsel for the appellant
that case No. 144 was a counterclaim brought by
the plaintiff in that case, Samuel James. In
developing this point counsel said that at the
outset both cases were founded in contract and
that he submitted to the Magistrate at the close
of the case that no breach of contract was dis-
closed by the evidence. Counsel further
contended that the Magistrate exceeded his
jurisdiction in that having altered the basis of
the claim in Case No. 144 from one in contract
to one in tort he then purported to try the cases
together and counsel submitted that the
“gounterclaim” (as ne refers to it) in tort in
case No. 144 could not be tried together with the
claim in Case No. 140 which was founded in
contract as the tort was unconnected with the
claim in contract.

In support of his contention Mr. Harney for
the appellant quoted section 158 of the
Magistrate’s Code of Procedure Act, Chapter 61
of the Revised Laws of the Leeward [slands
1927 (hereinafter referred to as “chapter 61 es
This section rerds as follows:

“158. In an action arising out of a
simp'e contract or where an order is claimed
122

22 THE LEEWARD ISLANDS GAZETTE.

for the payment of money as a civil debt,
the defendant may plead and prove a set-off
or may counter-claim against the plaintiff
provided such counter-claim is based upon
Lue same contract on which the plaintiff is
suing and that the amount claimed whether
by way of set-off or counter-claim or the
balance thereof does not exceed twenty
pounds,”

an obvious error in Counsel’s

he refers to Cuse No. 144 as a
counterclaim to Case No. 140. A counterclaim isa
defence toa claim, not a separate action. Order 19
Rale 3 of the 1940 Annual Practice and the notes
to this Order make this quite clear.

There is
argument when

In the instant circumstances the Magistrate
had before him two separate and distinct actions
which were tried together by consent. In case No.
14.0, the defendant admitted liability with the result
that only the issues in Case No. 144, were left to
be considered by the Magistrate.

Section 158 of Chapter 61 envisages only one
action in which said action a defence, by way of
counterclaim, may be set up by the defendant to
the plaintiff’s claim. The section has no reference
to circumstances (as herein existed) whereby two
separate actions were before the court for adjudica-
tion and were heard together with the consent of
the parties. The section has no application to the
present circumstances and I hold that the
Magistrate did not exceed his jurisdiction in hearing
the cases together. The first ground of appeal
therefore fails.

As regards the second ground of appeal, it was
argued by Mr. Harney in the first place that us the
plaintiff in Case No. 144 had elected to bring his
claim in contract he had waived the tort and the
Magistrate had no authority to make a contrary
election. This argument I understand to mean
that the Magistrate had no power to make the
amendment which he did make in the plaintiff's
claim, and this appears to me to be the crux of the
appeal.

Counsel further said that the Magistrate made
the amendment of his own motion which he sub-
mitted was wrong. The Magistrate, he contended,
should have waited for the respondent’s comnsel to
make the application if he wished, and Mr. Harney
pointed out quite correctly that the record shows no
evidence on the face of it that any such application
was made by the respondent’s counsel.

In support of his argument. on the question of
waiver Mr. Harney referred to the chapter in Clerk
and Lindsell on Torts 9th Edition, which deals
with Waiver by election, and on the question of
the Magistrate’s power to amend he quoted section
26 of the Summary Jurisdiction Act Chapter 21
(hereinafter referred to as “Chapter 21”), which
Chapter is made applicable by section 154 of
Chapter 61, with certain restrictions, to civil pro-
ceedings brought under Part VII of the said
Chapter 61.

[28 June, 1956

Counsel for the appellant referred to the 9th
Edition of Clerk and Lindsell on Torts and quoted
the following words:—

‘Tf a man has more than one remedy for
the same wrong, and elects to pursue one of
them, abandoning the others, he must stand or
full by his election; the other remedies are
waived.”

Tn the light of that quotation, the question for
decision therefore is this—should the plaintiff's.
claim in case No. 144 have failed by reason of the
use of the words “breach of contract ” therein or
could the Magistrate amend the form of the claim
to accord with the substance thereof? I have
already stated that the particulars of the plaintiff’s.
claim indicated that he was suing for the wrongful
removal of articles from the car which the defendant
had sold to him, and I am_ of the opinion that the:
true basis of the plaintiff's claim was fairly evident
in the particulars contained in the second paragraph
thereof. It appears to me that the basis of the
claim in fact lay in tort and not in contract despite
the use of the words “breach of contract”.

Mr. Harney for the appellant quoted section:
26 of Chapter 21 which reads as follows:—

“26. No suit, or proceeding therein,
shall be treated or considered as invalid or
subject to be set aside on account of any verbab
or technical error; but all errors and mistakes
may in all cases be amended or altered by the
Court in its discretion; and, unless the Court
shall otherwise direct all applications to the
Court or in Chambers, which may he necessary
in the course of any suit, may be made verbally.
and without any preliminary formality ,”

and he submitted that this section should be inter-
preted to mean that the court could not make an;
amendment of its own motion but could only do so
on application by one of the parties to a suit.

It will be noticed however that the Court has a
discretion in the matter, and I understand the
section to mean that where the Court does not
exercise its discretion in the first instance to make.
anamendment and leaves it to a party to do so,
then the application for an amendment may be
made verbally and without any preliminary formal-
ity unless the Court otherwise orders, but the Court
can nevertheless, if it wishes make the amendment
itself,

Mr. Henry
Order 28 Rul:
which reads:

“The Court or a Judge may, at any stage:
of the proceedings allow either party to amend
his indersement or pleadings in such manner
and on such terms as may be just, and all such
amendments shall be made as may be necessary
for the purpose of determining the real
questions in controversy between the parties.”

for the respondent referred to.
1 in the 1955 Annual Practice

The question raised by Counsel for the
appellant however is not the Court’s power to allow
28 June, 1956]

parties to amend their indorsement or pleadings, but
whether the Court can of its own motion amend the
same and in this connection Rule 12 of this order
as it appears in the 1940 Annual Practice could
more appropriately have been quoted. This Rule
which has as its side note the words “ General
power to amend” reads as follows:

“The Court or a judge may at any time
and in such terms as to costs or otherwise as
the court or judge may think just, amend any

defect or error in any proceedings, and all
necessary amendments shall be made for the
purpose of determining the real question or
issue raised by or depending on the proceed-
ings”.

The purpose of the provisions of Section 26
cof Chapter 21 and of order 19 Rule 12 are substan-
tially the same in that the Court is thereby enabled
to determine the real question or issue raised by
and depending on proceedings and to avoid
technical points being taken to defeat such
proceedings. If such a practice is permissible in
the Supreme Court and Court of Summary
Jurisdiction there is no reason in principle why a
stricter rule should obtain in a Magistrate’s Court
where proceedings are of a very summary nature,
and I am of the opinion that the Magistrate had
power to make the amendment which he did make.

Mr. Harney contended that even if the

THE LEEWARD ISLANDS GAZETTE.

125

Magistrate was empowered to make the amendment,
the appellant was prejudiced in not being granted
an adjournment as he had come prepared to answer
a claim in contract and suddenly found himself
confronted with a claim in tort. From the wording of
the particulars contained in the second paragraph of
the plaintiff’s claim in Case No. 144 the real issue in
dispute between the parties appear to be sufficiently |
clear, and | cannot accept this contention. In any
event the appellant obviously did not think this
point of any importance at the time or he would
have included it as one of his grounds of appeal. He
has not done so and it cannot now be considered.
Further I am unable to understand why the
question of an adjournment was not raised before
the Magistrate after he had given his ruling on the
submission by appellant’s counsel on the 26th
October 1955, or between this cate and 9th Novem-
ber 1955 when judgment was delivered. The
appellant had an opportunity of applying for an
adjournment if he so wished and he did not avail
himself of it, consequently he cannot now complain
of prejudice.

The appeal is dismissed; and the appellant
must pay $15 costs.

P. Cecitt Lewis,
Ag. Puisne Judge.

8th June, 1956.
124
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.

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

(d) are British subjects.

CREAM OF WHEAT
CANADA, have applied for Rezistration of

in Class 42 that is to say :

The Applicants claim that they have used the
since lst March, 1895 before the d

(CANADA) LTD.,, of:

THE LEEWARD ISLANDS GAZE

APPLICATIONS.

Applications must bé “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), an:!
the application of the four rules to
them with simple, vulgar and deci-
mal fractions.

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

Tr

TE. [28 June, 1936.
(c) Writing from dictation.

(d) West Indian History and
Geography.

SUCCESSFUL CANDIDATES.
Each guccessful candidate ig 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. 8S. EDWaRDs,

Acting Inspector of Schools.

RAINFALL FIGURES.

Central Experiment Station.









Antigua.

Month. 1962. 1953. 1954, 1955. 1956,
Jan, 241 1.93 3.04 2.16 5,15.
Feb. 1.60 102 245 68 123.
Mayr. 1.62 5.60 1.08 83 1.40
April 3.14 2,06 49 1.75 3.83
May 3.07 150 383 281 2.58
To 23rc June3.95 120 261 110 5:07

933 19°26.

15°79 13°31 18°50

-_-__.





TRADE MARKS OFFICE,

CREAM OF WHEAT

Cereal foods.

Antigua, 5th June, 1956.

312 Chambers Street, Winnipeg, Manitoba,
one Trade Mark consisting of the following :—

said Trade Mark in respect of the said goods
ate of their said Application.

Any person may within three months from the date of the first appearance of this Advertise-

ment in the Leeward Islands Gazette, give notice in du

opposition to registration of the snid Trade Mark.

plicate at the Trade Marks Office, Antigua, of

CEcit O. Byron,

Acting Reyistrar of Trade Marks.



ANTIGUA

Printed at the Government Printing Office, Leeward Islands, by Ear Picorr,

Acting Government Printer.— By Authority.

1956.

[Price 36 cents}




Publications Not Available

Supplements to
Leeward Islands Gazette
v. 84 no. 30, June 28, 1956

Imperial Legislations
Leeward Islands Letters
Patent, 1956
Leeward Islands Royal
Instructions, 1956
No. 11 of 1956. The Hducation Ordinance, 1956 MONTSERRAT.

ARRANGEMENT OF SECTIONS

© OO 3 SH Ct

10.

11.

12.

x

13.

1956
No. 11 of 1956



PRELIMINARY.

Short Title.
Interpretation.

PART I

THE DEPARTMENT OF EDUCATION.

Department of Education.
Annual Report.

PART II

EDUCATION COMMITTEE.

Education Committee.

Functions.

Chairman.

Secretary.

Business of the Committee.

Resignation and Vacation of membership.
*

PART III
EDUCATIONAL DISTRICTS.
Proclamation of Educational Districts.
PART IV
EDUCATIONAL DISTRICT OFFICERS.

Appointment of Educational District
Officers.

Powers of Educational District Officers.

QP, 7293
YF 7L

So fp e/,
MONTSERRAT 2 The Education Ordinance, 1956 No. 11 of 1956.

14.

15.

16.

17.

18.
19.

20.
21.
22.

23.

24,

20.

26.
27.

PART V

DUTY OF PARENTS

Duty of parents to cause children to —
receive efficient primary instruction.

School attendance orders.

PART VI

LEGAL PROCEDURE

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

Officer may obtain copy of certificate of
birth.

Summary Jurisdiction as to orders.

_Proceedings in name of Head of the

Department of Education.

PART VII

SCHOOLS AND MANAGEMENT.
Admission.
Records and returns.

Management of Government primary
schools.

Management of Government secondary
schools.

Management of assisted schools.

PART VIII

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.
No. 11 of 1956. The Education Ordinance, 1956 3 MONTSERRAT.

28.

29.
30.
31.

32.
33.

34.
35.

36.

37.

38.

39,

40.

PART IX
SCHOLARSHIPS,

Scholarships.

PART X

GRANTS FROM GENERAL REVENUE.

Conditions of grants-in-aid. 207

. Registers and records.

Refusal of grants-in-aid.

PART XI
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 XII
REGULATIONS.

Regulations.

PART XIII.

COMMENCEMENT,

Commencement.
No. 11 of 1956. The Education Ordinance, 1956 5 MONTSERRAT.

J

[L.8.] ‘
I ASSENT,
(Sd.) K. W. BLACKBURN,
GOVERNOR,
22nd, May, 1956. ©

MONTSERRAT >
No. 11 of 1956

AN ORDINANCE RELATING TO EDUCATION.

ENACTED by the Legislature of Montserrat
as follows:—

(By Proclamation) Commencement..
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 by ‘a 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;

“Committee ” means the Education Committee
established in accordance with the pro-
visions of section 5 of this Ordinance ;

“Department” means the Department of
Education;

“Educational District Officer” means any
officer appointed under section 12 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;

(b) instruction received at any private
school; or
MONTSERRAT. 6 The Education Ordinance, 1956 No. 11 of 1956.

(c) private instruction received other-
wise than at a school:

Provided the person giving such
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 person 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 Edu-
cation as providing primary education
for pupils up to the age of twelve years
and post-primary 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-
cation to pupils beyond the age of
twelve years ;

“private school” means a school or educa-

_ tional class or institution attended by

twenty 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 school or in any private
school, on the register of teachers kept
No. 11 of 1956. The Education Ordinance, 1956 7 MONTSERRAT.

by the Head of the Department, of
Education.

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 2@Â¥c###on.
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 2"
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
EDUCATION COMMITTEE.

5. (1) There shall be established an Educa- Education
tion Committee hereinafter referred to as “the Committee
Committee ” and composed of not less than seven
and not more than nine members, representing
educational interests in the Presidency, appointed
by the Governor in Council.

(2) Every member of the Committee shall
hold office for two years from the date of his ap-
pointment and shall be eligible for re-appointment.

6. The functions of the Committee shall be Functions.
to advise the Governor generally in regard tc
educational policy 'and principles and on any
matters connected with the education system of
the Presidency which the Governor may submit
for the Committee’s opinion and to submit its
views on any other educational question which
the Governor may refer to it:

Provided that in the absence of such
reference the Committee may draw attention to
any ‘aspect of the Education system of the Presi-
dency that, in its opinion requires attention.

7. The Chairman of the Committee shall be Chairman.
appointed by the Governor in Council:

Provided that in his absence the Committee
may elect one of its members as Chairman at any
meeting.

8. The Secretary of the Committee shall be Secretary.
such person as may be appointed by the Governor
from time to time:
MONTSERRAT. 8 The Education Ordinance, 1956 No. 11 of 1956

Business of
the Com-
mittee.

Resignation
and Vacation
of member-
ship.

Proclamation
of Educational
districts.

Appointment
of Educational
District Officers

9. (1) The Chairman shall summon a meet-
ing of the Committee not less than once in every
six months and at any time upon a requisition
signed by any three members of the Committee.

(2) Such requisition shall state the object for
which the meeting is required to be summoned.

(3) Five members of the Committee shall
form a quorum. |

(4) The Chairman shall have an original vote
-but not a casting vote.

(5) The Committee shall cause to be kept a
Minute Book in which its proceedings shall be re-
corded.

10. (1) Any member may resign his seat on

the Committee by letter addressed to the Governor.

(2) Any member of the Committee who fails

to attend four consecutive meetings of the Com-

mittee shall, unless the failure was due to some

reason approved by the Governor, cease to be a
member of the Committee.

(3) In case of the absence on leave or through
illhealth of any member of the Committee, the
Governor in Council may appoint any other person
act in his stead.

PART III
EDUCATIONAL DISTRICTS.

11. The Governor may, with the advice and
consent of the Executive Council, by proclamation
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 IV

EDUCATIONAL DISTRICT.

12. The Governor may appoint one or more
officers styled Educational District Officers to
carry out the provisions of this Ordinance in any
educational district.
No. 11 of 1956. The Education Ordinance, 1956 9 -MONTSERRAT.

13. Every Educational District Officer shall Eo oe
have authority to enter any yard, house, building pistrict
or place, between the hours of six of the clock in Offcers.
the morning and five of the clock in the afternoon
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
afford to any Educational District Officer reason-
ably requiring the same, any information of
which such person is possessed as to the age cf
any child, shall be guilty of an offence, and shiall
be liable on summary conviction to a fine not
exceeding twenty dollars.

PART V

Duty OF PARENTS.

14. (1) It shall be the duty of the parent of buty of
every child — bareute to"
children to-

receive

efficient

primary
Instruction.

(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 child, unless he has reason-
able excuse, to cause the child to
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
Government or assisted primary
school open, that the child can
attend, or

(b).the absence of the child from the
school has been caused by sickness
or other unavoidable cause.
MONTSERRAT. 10 The Education Ordinance, 1956 No. 11 of 1956.

School
attendance
orders.

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

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

15. (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 of
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

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 notice has been served
upon @ parent by the Head of the Department of
Education, the parent fails to satisfy him in
accordance with the requirements of the notice
that the child to whom the notice relates is re-
cciving efficient primary instruction, then, if in
the opinion of the Head of the Department ot
Education it is expedient that the child should
attend school, the Head of the Department of
Education shall serve upon the parent, an order
in the prescribed form (hereinafter referred to as
a’ “school 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 VI
LEGAL PROCEDURE.

16. 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 may 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
ee to be the true age of such child at that

ime.
fo. 11 of 1956. The Education Ordinance, 1956 11 MONTSERRAT.

17. Every Education District Officer shall be
entitled to obtain from the Registrar General free
of all charges a certified copy of any entry in any
register in his custody with respect to the birth
of any child.

18. 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.

19. All proceedings under this Ordinance
shall be specified in a table approved by the Head of
the Department of Education.

PART VII
SCHOOLS AND MANAGEMENT.

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

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

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

22. 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.

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

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

PART VIII

RELIGIOUS INSTRUCTION.

25. 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

Officer may
obtain copy
of certificate
ot birth.

Summary
Jurisdiction
as to orders
Cap. 61.

Proceedings
in name of
Head of
Department
of Education.

Admission.

Records and
returns.

Management of
Government
primary schools

Management of-*
Government
secondary
schools.

Management
of assisted
schools.

Lord’s Prayer
and portion’ of
Scripture to be
read.
MONTSERRAT. 12 The Education Ordinance, 1956 No. 11 of 1956.

Further
religious
instruction.

Child may be
withdrawn by
Parents from
any religious
instruction.

Scholarships.

Conditions of
grants in aid.

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.

26. 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.

27. (1) Every Government and assisted school
shall be open to children of all denominations, 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-
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 the
school for primary instruction shall be either at
the beginning or at the end of such session and
Shall be specified in a table approved by the Head
of the Department of Education.

PART IX.
SCHOLARSHIPS.

28. 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 X.

GRANTS FROM GENERAL REVENUE.

29. 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.
No. 11 of 1956. The Education Ordinance, 1956 13 MONTSERRAT.

30. (1) There shall be kept in respect of-every et be
assisted school such registers as may be. required expenditure will
by the Head of the Department of Education and ‘™sp°ction.
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, shall
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.

ee No grant shall be made to any assisted were of a

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

(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 XI.
PRIVATE SCHOOLS.

32. (1) No private school shall after the date Orening of
of the commencement of this Ordinance be conducted P™’*** 8P°Os-
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.

(8) 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.
MONTSERRAT

Returns to be
furnished by
proprietors and
particulars to |
‘be registered

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

~

33. (1) Every 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;

(bd) 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 ;

(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
ere 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 yearJ the proprietor shall furnish the
Head 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 likely
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
No. 11 of 1956. The Education Ordinance, 1956 15 MONTSERRAT.

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
31st December containing the following particu-
lars :—

(i) the number of sessions during which
the school 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 ”’.

34. No person shall be employed in a private Disquaus-
school as a teacher or act as a teacher therein if it ¢*40ns 2
is shown to the satisfaction of the Governor in
Council that he is unsuitable to be in charge of
children or to teach them.

35. (1) Any proprietor of a private school ostences

who — in respect
of returns,

(a) fails to furnish the returns required oe ope
by this Ordinance, and in the manner teachers.

so required ; or

(b) furnishes a return which he knows to
be false or misleading in a material
particular ; or

(c) knowingly employs as a tecaher any
person who is disqualified under section
28 of this Ordinance to act as such,
ior 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 34 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.
MONTSERRAT. 16

Closure of
schools

not conducted
in accordance
with the

law.

The Head

of the
Department

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

Power of
Governor
in Council
to make
regulations.

The Education Ordinance, 1956No. 11 of 1956.

36. 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.

37. (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
ue Ordinance or by any-regulations made there-
under.

(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.

_ 88. The Governor in Council may make regula-
tions in respect of the following matters :—
o. 11 of 1956. The Education Ordinance, 1956 17 MONTSERRAT. —

(a) the size of classrooms in private
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

(d) generally, for more effectually carry-
ing out the provisions of this part of
this Ordinance.

PART XII.

REGULATIONS.

39. 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-
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 ;

(ili) the award, amount and _ tenure
of scholarships and the condi-
MONTSERRAT. 18 The Education Ordinance, 1956 No. 11 of 1956.

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 X inclusive of this Ordinance.

PART XIII

COMMENCEMENT.

Commencement. 40. This Ordinance shall come into operation on
a date to be appointed by the Governor by Pro-
clamation to be published in the Gazette.

O. E. HENRY,
President.

Passed the Legislative Council this 18th day of
May, 1956.

Js. H. CARROTT,
. Clerk of the Couneil.

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

ANTIGUA.



STATUTORY RULES AND ORDERS.
1956, No. 238.

Tur Ar To ProncER [NDUsiRims (MANUFACTURE OF STaRcnr)
Orper, 1956, paTED JuNB 15, 1956, MADE BY THE
(FOVERNOR IN COUNCIL UNDER SECTION 3(1) OF THE
Aip To Pronnur [NDusTRIBS, ORvInsNce, 1950 (No. 9
or 1950). .



1. Citation. This Order may be cited as the Aid to
Pioneer Industries (Manufacture of Starch) Order, 1956.

2. Manufacture of Starch declared a Pioneer
Industry. The manufacture of starch is hereby declared
to be a pioneer industry for the purposes of the Aid to
Pioneer Industries Ordinance, 1950 and the following
product is hereby declared to be a pioneer product for the
said purposes:—

Starch, including arrowroot starch.

Made by the Governor in Council this 15th day of June,
1956. ;

F, A.. CLarkg,
Clerk of Executive Council.

: ANTIGUA
Printed at the Government Printing Office, Leewnrd Islands,
by EARL Pigort, Acting Government Printer.—By Authority.
1956.
A. 42/5—11—-500—6.56. Price 3 cents.
LEEWARD ISLANDS.

ANTIGUA.



STATUTORY RULES AND ORDERS,
1956, No. 24.

Tur Ar to Pioneer Inpustrres (INDUSTRIAL DEVELOPMENT
Boarp) (Manuracrure or Srarcu) Orpen, 1956, MADE
BY THE GOVERNOR IN CoUNCIL UNDER SECTION 4 (1) OF
THE AID. TO PIonreR INDUSTRIES ORDINANCE, 1950
(No. 9 or 1950).

1. Citation. This Order may be cited as the Aid to
Pioneer Industries (Industrial Development Board) (Manu-
facture of Starch) Order, 1956.

2. Declaration of Pioneer Manufacturer.
The Industrial Development Board (established under the
Industrial Development Ordinance, 1950) is hereby declared,
with effect from the 15th day of June, 1956, to be a pioneer
manufacturer for the purposes of the Aid to Pioneer Industries
Ordinance, 1950, in relation to the pioneer factory situated at
Old Road in the Parish of St. Mary and in relation to the
manufacture of the following pioneer product:—

Starch, including arrowroot starch ;

the manufacture of which was declared to be a Pioneer Industry
by the Aid to Pioneer Industries (Manufacture of Starch)
Order, 1956; and the production day of the said industrial
Development Board in relation to the abovementioned pioneer
product is declared to be the 15th day of January, 1957.

Made by the Governor in Council the 15th day of June,
1956.

F. A. CLARKE,
Clerk of Eecutive Council.

ANTIGUA.
Printed at the Government Printing Offioc, Leeward Islands,
by Earn Picorr, Acting Government Printer.—By Authority.
1956.

A, 42/5—11—500— 6.56 [Price 3 cents.)
LEEWARD ISLANDS.

ANTIGUA.
STATUTORY RULES AND ORDERS.

1956, No. 27.

Tue Apaprarion oF Laws (No. 2) ReEGuLations, 1956,
DATED JUNE 26, 1956, MADE BY THE GOVERNOR UNDER
secTION 5 oF THE Lrewarp IsLanps (MISCELLANEOUS
PRovVISIONS) OxDER IN CouncrL, (IMpERIAL) (1956, No.
$33).

1 Ssorr Titre anp Commencement. (1) These
Regulations may be cited as the Adaptation of Laws (No. 2)
Regulations, 1956.

(2) These Regulations shall come into operation on the
first. day of July, 1956.

2. Iyrerrretation. In these Regulations—

“the Act’ means the Leeward Islands Act, 1956
(Imperial, 4 & 5 Eliz. 2, Ch. 28);

7

“ the appointed day ” means the first day of July, 1956;
“the Order” means the Leeward Islands (Miscellaneous
Provisions) Order in Council, 1956 (Imperial 8.1.
1946, No. 833);

“subsidiary legislation” means any regulation, rule, by-law,
proclamation, order in council, order, direction, notice,
form or other instrument made before the appointed
day by virtue of any Act of the Legislature of
Anugua.

3. CONTINUATION AND ADAPTATION OF ORDINANCES AND
Sopsrprary Leeaistation, (1) All Ordinances of the Legisla-
ture of Antigua (except the Antigua Constitution and Elec-
tions Ordinance, 1941) that are in force immediately before the
appointed day shall remain valid after the beginning of the
appointed day notwithstanding the constitution of Antigua as
a separate Colony.
(2) An Ordinance that has effect in Antigua after the
beginning of the appointed day by virtue of subsection (1) of
of this section, and all subsidiary legislation which is in force
in Antigua after the beginning of the appointed day shall he
construed with such adaptations and modifications (if any) as
are necessary to bring them into conformity with the provisions
of the Act and the Order.

Made by the Governor this 26th day of June, 1956.

K. W. Briackpurny,
(rovernor.

ANTIGUA.
Printed at the Government Printing Office. Leeward Islands
by Earn Pigort, Acting Government Printer.—By Authority.
196,

A. 47/186 —480—6.56. Price 4 cents.
LEEWARD ISLANDS.

MONTSERRAT.
STATUTORY RULES AND ORDERS.

.1956, No. 18.

Proclamation dated June 25, 1956, bringing into opera-
tion the Education Ordinance, 1956 (No. 11 of 1956).

BY THE GOVERNOR.
A PROCLAMATION.
O. E. Henry,

Acting Commissioner.

WHEREAS by section 40 of the Education Ordinance,
1956 (No. 11 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 (sazette:

NOW THEREFORE, I, Oscar Ernerserr Heyry,
Acting Commissioner of the Presidency of Montserrat, do by
this my proclamation 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 Montserrat and all those whom it may concern are hereby
required to take due notice hereof and to give their ready
obedience accordingly.

GIVEN atthe Commissioner’s Office, Montserrat,
this 25th day of June, 1956, in the fifth
year of Her Majesty’s reign.

GOD SAVE THE QUEEN!

ANTIGOA.
Printed at the Government Printing Office. Leeward Islands,
by EARL Pigott, Acting Government Printer.—By Authority.
1956,
M. £7/1—480—6.56. Price 3 cenis
LEEWARD ISLANDS.

MONTSERRAT.
STATUTORY RULES AND ORDERS.

1956, No. 19.

Tur Apaprarion or Laws (No. 2) Reguiations, 1956,
DATED JUNE 26, 1956, MADE BY THE GOVERNOR UNDER
secTION 5 oF THE Lrewarp IsLtanps (MIscELLANEOUS
Provisions) OrDER IN Councin, (ImpEri1aL) (1956, No.
$33).

1 Snort Tirinz ann ComMENceMENT. (1) These
Regulations may be cited as the Adaptation of Laws (No. 2)
Regulations, 1956.

(2) These Regulations shall come into operation on the
first day of July, 1946.

2. [nrerpreration. In these Regulations—

“the Act’ means the Leeward Islands Act, 1956
(Imperial, 4 & 5 Eliz. 2, Ch. 28);

“ the appointed day”? means the first day of July, 1956;

“the Order” means the Leeward Islands (Miscellaneous
Provisions) Order in Council, 1956 (Imperial 3.1.
1956, No, 333);

“subsidiary legislation” means any regulation, rule, by-law,
proclamation, order in council, order, direction, notice,
form or other instrument made before the appointed
day by virtue of apy Act of the Legisliture of
Montserrat.

8. CONTINUATION AND ADAPTATION OF ORDINANCES AND
Supsiprary Leaisuarion. (1) All Ordinances of the Legisla-
ture of Montserrat (except the Montserrat Constitution and
Elections Ordinance, 1952) that are in force immediately before
the appointed day shall remain valid after the beginning of
the appointed day notwithstanding the constitution of Mont-
serrat as a separate Colony.
2

(2) An Ordinance that has effect in Montserrat after the
beginning of the appointed day bv virtue of subsection (1) of
of this section, and all subsidiary legislation which is in force
in Montserrat after the beginning of the appointed day shall be
construed with such adaptations and modifications (if any) as
are necessary to bring them into conformity with the provisions
of the Act and the Order.

Made by the Governor this 26th day of June, 1956.

K. W. BruackBurny,
Governor.

ANTIGUA.
Printed at the Government Printing Oflivee. Leeward [slands
by EARL Pigort, Acting Government Printer.—By Authority.
1956,

47/00398—500—6.56. Price 4 cents.
LEEWARD ISLANDS.

VIRGIN ISLANDS.
STATUTORY RULES AND ORDERS.

1956, No. 26.

Tue Apapration oF Laws (No, 2) Reaurarions, 1956,
DATED JUNE 26, 1956, MADE BY THE GOVERNOR UNDER
SECTION 5 OF THE Lergewarp IsLanps- (MISCELLANEOUS
Provisions) OrpDEK In Councin, (IMPERIAL) (1956, No.
$33).

1 Suort Trirtz anp CoMMENCEMENT. (1) These
Regulations may be cited as the Adaptation of Laws (No. 2)
Regulations, 1956.

(2) These Regulations shall come into operation on the
first day of July, 1936.

2. tnrerrreration.’ In these Regulations—

“the Act” means the Leeward Islands Act, 1956
(Imperial, 4 & 5 Eliz, 2, Ch. 23);

’

“ the appointed day ” means the first day of July, 1956;

“the Order”? means the Leeward Islands (Miscellaneous
Provisions) Order in Council, 1956 (Imperial 5.1.
1956, No. 533);

“subsidiary legislation” means any regulation, rule, by-law,
proclamation, order in council, order, direction, notice,
form or other instrument made before the appointed
day by virtue of any Act of the Legislature of
the Virgin Islands.

3. CONTINUATION AND ADAPTATION OF ORDINANCES AND
Susstpiary Leaisnarion. (1) All Ordinances of the Legisla-
ture of the Virgin Islands (except the Virgin Islands Consti-
tution and Elections Ordinance, 1954) that are in force
immediately before the appointed day shal] remain valid after
the beginning of the appointed day notwithstanding the consti-
tution of the Virgin Islands as a separate Colony.
2

(2) An Ordinance that has effect in the Virgin Islands
after the beginning of the appointed day by virtue of subsection
(1) of this section, and all subsidiary legislation which is in force
in the Virgin Islands after the beginning of the appointed day
shall be construed with such adaptations and modifications
(if any) ag are necessary to bring them into conformity with
the provisions of the Act and the Order.

Made by the Governor this 26th day of June, 1956.

K. W. BrackBurnn,
Governor.

ANTIGUA.
Printed at the Government Printing Offive. Leeward Islands
by Earn Pigorr, Acting Government Printer.-—By Authority.
1956.
47/00399—500—6.56. Prioe 4 cents.