THE REVISED LAWS
OF
ANTIGUA
PREPARED UNDER THE AUTHORITY
OF THE
REVISED EDITION OF THE LAWS ORDINANCE, 1959
BY
P. CECIL LEWIS
One of Her Majesty's Judges
of the Supreme Court of the
Windward Islands and Leeward Islands
The Commissioner appointed
under the said Ordinance.
VOL. IV.
Chapters 238 to 294.
Price: $150 per set.
Obtainable through:
The Administrator, Antigua, The West Indies.
Printed by
Waterlow & Sons Limited, Worship Street, London, E.C.2.
[Appointed by the Government of Antigua, the Government Printers, for the purposes of this
edition of Laws within the meaning of the Evidence (Colonial Statutes) Act 1907.]
1965
ve^ og
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CONTENTS
VOLUME IV.
TITLE XXVIII.
PUBLIC LOANS.
CHAPTER
238 ACQUISITION OF ANTIGUA SYNDICATE ESTATES TENANTRY AREAS
LOAN ... ... ... ... ... ... ...
239 DEVELOPMENT (Cornmeal Industry) LOCAL LAN ... ...
240 DEVELOPMENT (Cotton Ginnery and Electricity) LOAN ... ...
DEVELOPMENT (Electricity) LOAN ... ... ...
DEVELOPMENT (Electricity and Telephones) LOCAL LOAN
DEVELOPMENT (Housing Programme) LAN ... ...
DEVELOPMENT (Purchase of Claremont) LOAN ... .
DEVELOPMENT (Telephone) LOAN ... ...
DEVELOPMENT (Villa Housing) LoAN ......
GENERAL DEVELOPMENT LOCAL LOAN (1952) ... .
GENERAL DEVELOPMENT LOCAL LOAN (1953) ... .
GENERAL LOAN AND STOCK ... ......
GENERAL LOCAL LOAN ... ... ...
HOUSING (Loan and Grant) ... ......
PAGE
2099
2103
2105
... 2109
... 2113
... 2115
... 2119
... 2123
... 2127
... 2131
... 2133
... 2135
... 2145
... 2151
TITLE XXIX.
PUBLIC OFFICES AND OFFICERS.
252 LEGAL OFFICERS (appointment, dismissal
control) ... ... ... ...
253 PROMISSORY OATHS ...
254 PUBLIC OFFICES ... ... .
255 PUBLIC SERVICE COMMISSION ... .
256 SENIOR LAW OFFICER (Powers) ... .
257 TREASURY ... ... .
258 TREASURY REGULATION (after hours work)
259 TREASURY REORGANIZATION ..
and disciplinary
... ... ... 2155
S ... ... 2157
.. ... ... 2159
... ... ... 2161
2167
2169
... ... ... 2171
... .. 2173
241
242
243
244
245
246
247
248
249
250
251
TITLE XXX.
PUBLIC REVENUE.
CHAPTER
260 BILLS OF HEALTH (Fees) ... ...
261 CITY RATE ... ...
262 COTTON EXPORT LEVY ... .
263 COURTS OF JUSTICE FEES ...
264 ENTERTAINMENT DUTY ... .
265 EXPORT DUTY ... ... ...
266 INCOME TAX ... ...
267 LAND TAX ... ...
268 LICENSING (Intoxicating Liquor) ...
269 PORTERS, WATERMEN AND BOATS
270 STAMP ... ... ...
271 TOBACCO DUTY ... ... ...
272 TONNAGE DUTIES ... ...
273 TRADE LICENCES ... ...
274 TRADE AND REVENUE ... .
PAGE
... ... ... ... 2177
... ... ... ... 2179
... ... ... ... 2185
... ... ... ... 2187
... ... .. ... 2189
... ... .. ... 2195
... ... .. ... 2199
... ... .. ... 2259
... ... .. ... 2265
LICENSING ... ... ... 2305
... ... ... ... 2317
... ... ... ... 2359
... ... ... ... 2363
... ... ... ... 2369
... ...... 2377
TITLE XXXI.
PUBLIC UTILITIES.
GOVERNMENT ELECTRICITY, ICE AND COLD STORAGE ...
INDUSTRIAL DEVELOPMENT BOARD ......
SLUM CLEARANCE AND HOUSING ......
TOWN AND COUNTRY PLANNING ...... ...
TITLE XXXII.
PUBLIC WORKS, ROADS AND SURVEYS.
COLONY SURVEY ......
LAND SURVEYORS ... ...
PUBLIC WORKS AND ROAD ...
ROADS ... ...
VEHICLES AND ROAD TRAFFIC ...
... 2403
... 2425
... 2435
... 2467
2499
2501
2503
2517
2521
... ... ... ...
... ... ... ...
... ... ... ...
... ... ... ...
... ... ... ...
TITLE XXXIII.
REAL PROPERTY AND CONVEYANCING.
CHAPTER PAGE
284 LAND A UISITION ... ... ... ... ... ... 2569
285 LAND DEVELOPMENT (Control) ... ... ... ... ... 2585
286 LAND SETTLEMENT ... ... ... ... ... ... 2587
287 PARTITION ... ... ... ... ... ... ... ... 2591
288 REAL ESTATE CHARGES ... ... ... ... ... ... 2597
289 REAL PROPERTY ... ... ... ... ... ... ... 2599
290 REAL PROPERTY LIMITATION ... ... ... ... ... 2613
291 REAL REPRESENTATIVE ... ... ... ... ... ... 2619
292 SETTLED ESTATES ... ... ... ... ... ... 2623
293 TITLE BY REGISTRATION ... ... ... ... ... ... 2651
294 VENDOR AND PURCHASER (Land) ... ... ... ... ... 2745
TITLE XXVIII.
PUBLIC LOANS.
CHAPTER PAGE
238 ACQUISITION OF ANTIGUA SYNDICATE ESTATES
TENANTRY AREAS LOAN ... ... ... 2099
239 DEVELOPMENT (CORNMEAL INDUSTRY) LOCAL LOAN 2103
240 DEVELOPMENT (COTTON GINNERY AND ELEC-
TRICrrY) LOAN ... ... ... ... ... 2105
241 DEVELOPMENT (ELECTRICITY) LoAN ... ... 2109
242 DEVELOPMENT (ELECTRICITY AND TELEPHONES)
LOCAL LOAN ... ... ... ... ... 2113
243 DEVELOPMENT (HOUSING PROGRAMME) LOAN ... 2115
244 DEVELOPMENT (PURCHASE OF CLAREMONT) LOAN 2119
245 DEVELOPMENT (TELEPHONE) LOAN ... ... 2123
246 DEVELOPMENT (VILLA HOUSING) LoAN ... ... 2127
247 GENERAL DEVELOPMENT LOCAL LOAN (1952) ... 2131
248 GENERAL DEVELOPMENT LOCAL LOAN (1953) ... 2133
249 GENERAL LOAN AND STOCK ... ... ... 2135
250 GENERAL LOCAL LOAN ... ... ... ... 2145
251 HOUSING (LOAN AND GRANT) ... ... ... 2151
Acquisition of Antigua Syndicate Estates (CAP. 238 2099
Tenantry Areas Loan.
CHAPTER 238.
ACQUISITION OF ANTIGUA SYNDICATE ESTATES
TENANTRY AREAS LOAN.
6/1953
(28th July, 1953.) 8/1954
WHEREAS it is expedient to raise a loan of one hundred Preamble.
and sixty-three thousand six hundred dollars for the purpose
specified in the Schedule hereto:
1. This Ordinance may be cited as the Acquisition of Short title.
Antigua Syndicate Estates Tenantry Areas Loan Ordinance.
2. The Administrator is hereby authorized to raise a loan Authority to
borrow
of an amount sufficient to produce as nearly as may be the sum $163,600.
of one hundred and sixty-three thousand six hundred dollars
and such further sums as may be necessary to defray the expenses
of issue.
3. The principal moneys and interest represented by the Security for
loan issued under the provisions of this Ordinance are hereby
charged upon and shall be payable out of the general revenues
and assets of the Colony.
4. The loan hereby authorized or any part of it may be Method
raising loan.
raised in London under the provisions of the General Loan and Cap. 249.
Stock Ordinance, or, notwithstanding anything to the contrary
in the said Ordinance, independently of that Ordinance, as the
Administrator or the Crown Agents for the Colonies acting on
his behalf may decide.
5. (1) Any sum raised to defray the expenses of issue Apfiation
shall be applied only to that purpose.
(2) Save as aforesaid, the money to be borrowed under Schedule.
the authority of this Ordinance shall be appropriated and applied
to the purpose specified in the Schedule.
2100 CAP. 238) Acquisition of Antigua Syndicate Estates
Tenantry Areas Loan.
Constitution 6. (1) If any loan hereby authorized is raised under the
of sinking
fund and pay- provisions of the General Loan and Stock Ordinance, then the
ment of contribution to the sinking fund as contemplated by the pro-
visions of sections 14 and 28 of the said Ordinance, as the case
Cap. 249. may be, shall commence in respect of any issue under this Ordi-
nance not later than one year after the date from which the
interest on such issue shall commence to run.
Cap. 249. (2) If any loan hereby authorized is raised independently of
the General Loan and Stock Ordinance, then the following pro-
visions shall apply-
(a) So long as any portion of the loan remains out-
standing the Administrator shall in each half-year ending
with the day on which the interest on the loan falls due
appropriate out of the general revenues and assets of the
Colony a sum equal to one half-year's interest on the whole
of the loan outstanding and shall remit that sum to the
Crown Agents at such time as will enable them to pay there-
out the then current half year's interest on the day on
which it falls due.
(b) The Administrator shall also in each half-year
ending as aforesaid appropriate out of the said revenues
and assets of the Colony for the formation of a sinking
fund for the repayment of the loan at par an additional
sum in respect of the total nominal amount of the loan
outstanding equal to one-half of the annual contribution
to be decided upon by the Administrator on the issue of
the loan and shall remit that sum to the Crown Agents
with the remittance hereinbefore mentioned:
Provided that the said contribution shall commence
not later than one year after the date from which the interest
on the loan shall commence to run.
(c) The aforesaid contribution shall be not less than
such amount as may be determined with the approval of
the Secretary of State to be sufficient to redeem the loan
at its due date.
(d) The Crown Agents shall place at interest or invest
so much of the money so remitted to them as aforesaid as
shall not be required for the payment of interest for the
current half-year in the purchase of such securities as may
be approved by the Secretary of State as a sinking fund for
the final extinction of the debt and the Crown Agents shall
also place an interest or invest the dividends, interest or
Acquisition of Antigua Syndicate Estates (CAP. 238 2101
Tenantry Areas Loan.
produce of such investments in the purchase of like securities
and may from time to time with the approval of the Secre-
tary of State change any such investments and shall hold
such funds in trust for the repayment of the principal
moneys for the time being represented by the loan.
(e) In case the sinking fund provided for by this Ordi-
nance shall be insufficient for the payment of all the prin-
cipal moneys borrowed under the authority of this Ordi-
nance at the time the same shall have become due the
Administrator shall make good the deficiencies out of the
general revenues and assets of the Colony.
SCHEDULE. S. 5 (2)
For the acquisition of lands of the Antigua Syndicate Estates
Limited rented by peasant farmers.
Development (Cornmeal Industry)
Local Loan.
CHAPTER 239.
DEVELOPMENT (CORNMEAL INDUSTRY)
LOCAL LOAN.
(29th October, 1956.)
1. This Ordinance may be cited as the Development
(Cornmeal Industry) Local Loan Ordinance.
2. The Administrator is hereby authorized to issue de-
bentures in the Colony of Antigua under the provisions of the
General Local Loan Ordinance, to an amount sufficient to
produce as nearly as may be the sum of ninety-six thousand
dollars.
3. The money borrowed under this Ordinance shall be
appropriated and applied to the purpose of establishing a corn-
meal industry in the Colony.
4. The first half-yearly contributions to the sinking fund,
as contemplated by the provisions of subsection (2) of section
13 of the General Local Loan Ordinance, shall be taken in
respect of any debenture issued under this Ordinance not later
than one year after the date on which the first half-yearly pay-
ment of interest on such debenture falls due.
31/1956
Short title.
Authority to
borrow by sale
of debentures.
Cap. 250.
Application
of loan.
Commencement
of Sinking
Fund
contributions.
Cap. 250.
(CAP. 239
2103
Development (Cotton Ginnery and (CAP. 240 2105
Electricity) Loan.
CHAPTER 240.
DEVELOPMENT (COTTON GINNERY AND
ELECTRICITY) LOAN. 8/1951
10/1954
19/1957
(5th November, 1951.) 4/1959
WHEREAS it is expedient to raise a loan of eight hundred
and twelve thousand and ninety-eight dollars for the purposes
specified in the Schedule:
1. This Ordinance may be cited as the Development Short title.
(Cotton Ginnery and Electricity) Loan Ordinance.
2. The Administrator is hereby authorized to raise a loan Authoity to
of an amount sufficient to produce as nearly as may be the sum $812,098.
of eight hundred and twelve thousand and ninety-eight dollars
and such further sums as may be necessary to defray the expenses
of issue.
3. The principal moneys and interest represented by the Security for
loan issued under the provisions of this Ordinance are hereby
charged upon and shall be payable out of the general revenues
and assets of the Colony.
4. The loan hereby authorized or any part of it may be Method of
raising loan.
raised in London under the provisions of the General Loan and Cap. 249.
Stock Ordinance, or, notwithstanding anything to the contrary
in the said Ordinance, independently of that Ordinance, as the
Administrator or the Crown Agents for the Colonies acting on
his behalf may decide.
5. (1) Any sum raised to defray the expenses of issue shall pcation
be applied only to that purpose.
(2) Save as aforesaid, the money to be borrowed under the
authority of this Ordinance shall be appropriated and applied to
the purposes specified in the Schedule: Schedule.
Provided that it shall be lawful for the Administrator with
the previous sanction of the Secretary of State, to direct that any
2106 CAP. 240) Development (Cotton Ginnery and
Electricity) Loan.
sums which may not be required for a purpose specified in the
Schedule may be appropriated and applied to any other purpose
specified therein.
Constitution 6. (1) If any loan hereby authorized shall be issued under
of sinking fund
and payment the provisions of the General Loan and Stock Ordinance, then
of interest, the contribution to the sinking fund as contemplated by the pro-
visions of sections 14 and 28 of the General Loan and Stock
Cap. 249. Ordinance, as the case may be, shall commence in respect of
any issue under this Ordinance not later than one year after
the date from which the interest on such issue shall commence
to run.
(2) If any loan hereby authorized is raised independently of
Cap. 249. the General Loan and Stock Ordinance, then the following
provisions shall apply-
(a) So long as any portion of the loan remains out-
standing the Administrator shall in each half-year ending
with the day on which the interest on the loan falls due
appropriate out of the general revenues and assets of the
Colony a sum equal to one-half year's interest on the whole
of the loan outstanding and shall remit that sum to the
Crown Agents at such time as will enable them to pay
thereout the then current half-year's interest on the day
on which it falls due.
(b) The Administrator shall also in each half-year
ending as aforesaid appropriate out of the said revenues
and assets of the Colony for the formation of a sinking fund
for the repayment of the loan at par an additional sum in
respect of the total nominal amount of the loan outstanding
equal to one-half of the annual contribution to be decided
upon by the Administrator on the issue of the loan and
shall remit that sum to the Crown Agents with the remit-
tance hereinbefore mentioned:
Provided that the said contribution shall commence
not later than one year after the date from which the interest
on the loan shall commence to run.
(c) The aforesaid contribution shall be not less than
such amount as may be determined with the approval of
the Secretary of State to be sufficient to redeem the loan
at its due date.
(d) The Crown Agents shall place at interest or in-
vest so much of the money so remitted to them as aforesaid
Development (Cotton Ginnery and (CAP. 240 2107
Electricity) Loan.
as shall not be required for the payment of interest for the
current half-year in the purchase of such securities as may
be approved by the Secretary of State as a sinking fund
for the final extinction of the debt and the Crown Agents
shall also place at interest or invest the dividends, interest
or produce of such investments in the purchase of like
securities and may from time to time with the approval of
the Secretary of State change any such investments and
shall hold such funds in trust for the repayment of the
principal moneys for the time being represented by the
loan.
(e) In case the sinking fund provided for by this Ordi-
nance shall be insufficient for the payment of all the princi-
pal moneys borrowed under the authority of this Ordinance
at the time the same shall have become due the Adminis-
trator shall make good the deficiencies out of the general
revenues and assets of the Colony.
SCHEDULE. S. 5 (2)
$
For the establishment and operation of a Cotton
Ginnery and allied works ... ... ... ... 285,000
For the improvement of the Electricity Supply Service
of the Island of Antigua ... ... ... ... 527,098
812,098
Development (Electricity) Loan.
CHAPTER 241.
DEVELOPMENT (ELECTRICITY) LOAN.
(30th November, 1957.) 18/1957
WHEREAS it is expedient to raise a loan of six hundred Preamble.
and twenty-four thousand dollars for the purpose specified in the
Schedule hereto:
1. This Ordinance may be cited as the Development Short title.
(Electricity) Loan Ordinance.
2. The Administrator or the Crown Agents acting on Authority to
Administrator
his behalf may raise a loan of an amount sufficient to produce or Crown
as nearly as may be the sum of six hundred and twenty-four Agents to
borrow
thousand dollars in London and such further sums as may be $624,000.
necessary to defray the expenses of issue.
3. The principal moneys and interest represented by the Security for
loan issued under the provisions of this Ordinance are hereby
charged upon and shall be payable out of the general revenues
and assets of the Colony.
4. The loan hereby authorized or any part of it may be Method of
raised in London under the provisions of the General Loan and rai loan.
Stock Ordinance, or, notwithstanding anything to the contrary Cap. 249.
in the said Ordinance, independently of that Ordinance, as the
Administrator or the Crown Agents acting on his behalf may
decide.
5. (1) Any sum raised to defray the expenses of issue Application
shall be applied only to that purpose
(2) Save as aforesaid, the money to be borrowed under the
authority of this Ordinance shall be appropriated and applied Schedule.
to the purpose specified in the Schedule.
(CAP. 241 2109
Development (Electricity) Loan.
Constitution 6. (1) If the loan hereby authorized or any part of it is
of sinking fund
and payment raised under the provisions of the General Loan and Stock Ordi-
of interest- nance, then the contribution to the sinking fund as contemplated
ap. 249. by the provisions of sections 14 and 28 of the said Ordinance,
as the case may be, shall commence in respect of any issue under
this Ordinance not later than one year after the date from which
the interest on such issue shall commence to run.
(2) If the loan hereby authorized or any part of it is raised
Cap. 249. independently of the General Loan and Stock Ordinance, then
the following provisions shall apply-
(a) So long as any portion of the loan remains out-
standing the Administrator shall in each half-year ending
with the day on which the interest on the loan falls due
appropriate out of the general revenues and assets of the
Colony a sum equal to one half-year's interest on the whole
of the loan outstanding and shall remit that sum to the
Crown Agents at such time as will enable them to pay
thereout the then current half-year's interest on the day
on which it falls due.
(b) The Administrator shall also in each half-year
ending as aforesaid appropriate out of the said revenues
and assets of the Colony for the formation of a sinking fund
for the payment of the loan at par an additional sum in
respect of the total nominal amount of the loan outstanding
equal to one-half of the annual contribution to be decided
upon by the Administrator on the issue of the loan and
shall remit that sum to the Crown Agents with the remit-
tance hereinbefore mentioned:
Provided that the said contribution shall commence
not later than one year after the date from which the interest
on the loan shall commence to run.
(c) The aforesaid contribution shall be not less than
such amount as may be determined with the approval of
the Secretary of State to be sufficient to redeem the loan at
its due date.
(d) The Crown Agents shall place at interest or invest
so much of the money so remitted to them as aforesaid as
shall not be required for the payment of interest for the
current half-year in the purchase of such securities as may
be approved by the Secretary of State as a sinking fund
for the final extinction of the debt and the Crown Agents
2110 CAP. 241)
Development (Electricity) Loan.
shall also place at interest or invest the dividends, interest
or produce of such investments in the purchase of like
securities and may from time to time with the approval of
the Secretary of State change any such investments and
shall hold such funds in trust for the repayment of the prin-
cipal moneys for the time being represented by the loan.
(e) If at any time the trustees of the sinking funds
are satisfied that the value of any sinking fund provided
by this Ordinance will be sufficient, with further accumula-
tions of interest but without further payment of contribu-
tions, to enable the loan to be redeemed out of the pro-
ceeds of the sinking fund when the same shall fall due to
be redeemed, the Administrator may, with the approval of
the Secretary of State, suspend further payment of con-
tributions:
Provided that contributions to the sinking fund shall
be recommended if the trustees shall at any time inform
the Administrator that this is necessary.
(f) In case the sinking fund provided for by this Ordi-
nance shall be insufficient for the payment of all the prin-
cipal moneys borrowed under the authority of this Ordi-
nance at the time the same shall have become due the
Administrator shall make good the deficiencies out of the
general revenues and assets of the Colony.
SCHEDULE. 5 (2)
For the provision of additional power station plant
and equipment for the Government electric, ice and
cold storage undertaking in the Colony ... ... $624,000
(CAP. 241 2111
Development (Electricity and Telephones)
Local Loan.
CHAPTER 242.
DEVELOPMENT (ELECTRICITY AND TELEPHONES)
LOCAL LOAN.
(25th May, 1960.)
1. This Ordinance may be cited as the Development
(Electricity and Telephones) Local Loan Ordinance.
2. The Administrator is hereby authorized to issue de-
bentures in the Colony under the provisions of the General
Local Loan Ordinance, to an amount sufficient to produce as
nearly as may be the sum of four hundred and eighty-one
thousand six hundred dollars.
3. (1) Any sums raised to defray the expenses of issue
shall be applied only to that purpose.
(2) The money borrowed under this Ordinance shall be
appropriated and applied to the purposes specified in the
Schedule:
Provided that the Administrator may, with the prior sanc-
tion of the Secretary of State, utilise any saving in respect of
any of the items in that Schedule to cover any excess of expen-
diture in respect of any other or others of those items.
4. The first half-yearly contributions to the sinking fund
as contemplated by the provisions of subsection (2) of section
13 of the General Local Loan Ordinance, shall be taken in
respect of any debenture issued under this Ordinance not later
than one year after the date on which the first half-yearly pay-
ment of interest on such debenture falls due.
5. Notwithstanding anything contained in the General
Local Loan Ordinance, any debentures issued thereunder for
the purposes of this Ordinance shall be transferable by delivery.
2/1960
Short title.
Authority to
Administrator
to borrow
$481,600 by
sale of deben-
tures.
Cap. 250.
Application
of loan.
Schedule.
Commencement
of Sinking Fund
contributions.
Cap. 250.
Debentures
transferable
by delivery.
Cap. 250.
(CAP. 242
2113
2114 CAP. 242) Development (Electricity and Telephones)
Local Loan.
Payment of 6. (1) Redemption monies and interest payable on any
redemption
mones and debenture issued for the purposes of this Ordinance shall be
interest, payable only to a person who at the time that such monies are
payable is, or at the time when he subscribed for or otherwise
acquired such debenture was, ordinarily resident in the scheduled
territories.
(2) For the purposes of this section the expression "the
scheduled territories" means the territories specified in the First
Cap. 117. Schedule, as amended from time to time, by the Exchange
Control Ordinance.
Condition to 7. There shall be printed on the face of each debenture
deenture on the provision contained in subsection (1) of section 6.
Onus on 8. The onus of satisfying the appropriate authorities that
holder of
debenture. the holder of the debenture is qualified to receive payment shall
lie on the said holder.
SCHEDULE. S. 3 (2)
1. For the provision of additional power station plant
and equipment for the Government electricity, ice
and cold storage undertaking in the Colony ... $398,400
2. For the extension of the telephone service of the
Colony ... ... ... ... ... .. ... $ 83,200
$481,600
Development (Housing Programme) Loan.
(CAP. 243 2115
CHAPTER 243.
DEVELOPMENT (HOUSING PROGRAMME) LOAN.
(19th August, 1954.)
WHEREAS it is expedient to
and forty-four thousand dollars for
Schedule:
raise a loan of one hundred
the purposes specified in the
1. This Ordinance may be cited as the Development
(Housing Programme) Loan Ordinance.
2. The Administrator is hereby authorized to raise a loan
of an amount sufficient to produce as nearly as may be the sum
of one hundred and forty-four thousand dollars and such further
sums as may be necessary to defray the expenses of issue.
3. The principal moneys and interest represented by the
loan issued under the provisions of this Ordinance are hereby
charged upon and shall be payable out of the general revenues
and assets of the Colony.
4. The loan hereby authorized or any part of it may be
raised in London under the provisions of the General Loan and
Stock Ordinance, or, notwithstanding anything to the contrary
in the said Ordinance, independently of that Ordinance, as the
Administrator or the Crown Agents for Oversea Governments
and Administrations (hereinafter referred to as the Crown
Agents) acting on his behalf may decide.
5. (1) Any sum raised to defray the expenses of issue shall
be applied only to that purpose.
(2) Save as aforesaid, the money to be borrowed under
the authority of this Ordinance shall be appropriated and
applied to the purposes specified in the Schedule:
Provided that it shall be lawful for the Administrator, with
the previous sanction of the Secretary of State, to direct that
any sums which may not be required for a purpose specified in
7/1954
Preamble.
Short title.
Authority to
Administrator
to borrow
$144,000.
Security for
loan.
Method of
raising loan.
Cap. 249.
Application of
loan.
Schedule.
Development (Housing Programme) Loan.
the Schedule may be appropriated and applied to any other
purpose specified therein.
Constitution 6. (1) If any loan hereby authorized is raised under the
of sinking
fund and pay- provisions of the General Loan and Stock Ordinance, then the
ment of contribution to the sinking fund as contemplated by the pro-
interest.
Cap. 249. visions of sections 14 and 28 of the said Ordinance, as the case
may be, shall commence in respect of any issue under this Ordi-
nance not later than one year after the date from which the
interest on such issue shall commence to run.
(2) If any loan hereby authorized is raised independently
Cap. 249. of the General Loan and Stock Ordinance, the following pro-
visions shall apply-
(a) So long as any portion of the loan remains out-
standing the Administrator shall in each half-year ending
with the day on which the interest on the loan falls due
appropriate out of the general revenues and assets of the
Colony a sum equal to one half-year's interest on the whole
of the loan outstanding and shall remit that sum to the
Crown Agents at such time as will enable them to pay there-
out the then current half-year's interest on the day on which
it falls due.
(b) The Administrator shall also in each half-year
ending as aforesaid appropriate out of the said revenues and
assets of the Colony for the formation of a sinking fund
for the repayment of the loan at par an additional sum
in respect of the total nominal amount of the loan out-
standing equal to one half of the annual contribution to
be decided upon by the Administrator on the issue of the
loan and shall remit that sum to the Crown Agents with
the remittance hereinbefore mentioned:
Provided that the said contribution shall commence
not later than one year after the date from which the interest
on the loan shall commence to run.
(c) The aforesaid contribution shall be not less than
such amount as may be determined with the approval of the
Secretary of State to be sufficient to redeem the loan at its
due date.
(d) The Crown Agents shall place at interest or invest
so much of the money so remitted to them as aforesaid as
shall not be required for the payment of interest for the
current half-year in the purchase of such securities as may
211i6 CAP. 243)
Development (Housing Programme) Loan. (CAP. 243 2117
be approved by the Secretary of State as a sinking fund for
the final extinction of the debt and the Crown Agents shall
also place at interest or invest the dividends, interest or
produce of such investments in the purchase of like securities
and may from time to time with the approval of the
Secretary of State change any such investments and shall
hold such funds in trust for the repayment of the principal
moneys for the time being represented by the loan.
(e) In case the sinking fund provided for by this Ordi-
nance shall be insufficient for the payment of all the prin-
cipal moneys borrowed under the authority of this Ordi-
nance at the time the same shall have become due the
Administrator shall make good the deficiencies out of the
general revenues and assets of the Colony.
SCHEDULE. S. 5 (2)
$
Completion of hurricane housing programme ... ... 48,000
Development of housing sites ... ... ... ... 48,000
New housing ... ... ... ... ... ... 48,000
$144,000
Development (Purchase of Claremont) Loan. (CAP. 244
CHAPTER 244.
DEVELOPMENT (PURCHASE OF CLAREMONT) LOAN.
(11th December, 1956.) 29/1956
WHEREAS it is expedient to raise a loan of twenty-four
thousand dollars for the purpose specified in the Schedule.
1. This Ordinance may be cited as the Development Short title.
(Purchase of Claremont) Loan Ordihance.
2. The Administrator is hereby authorized to raise a loan Authority to
Administrator
of an amount sufficient to produce as nearly as may be the sum to borrow
of twenty-four thousand dollars and such further sums as may $24,000.
be necessary to defray the expenses of issue.
3. The principal moneys and interest represented by the Security for
loan issued under the provisions of this Ordinance are hereby
charged upon and shall be payable out of the general revenues
and assets of the Colony.
4. The loan hereby authorized or any part of it may be orng oan.
raised in London under the provisions of the General Loan and Cap. 249.
Stock Ordinance, or, notwithstanding anything to the contrary
in the said Ordinance, independently of that Ordinance, as
the Administrator or the Crown Agents for Oversea Govern-
ments and Administrations acting on his behalf may decide.
5. (1) Any sum raised to defray the expenses of issue Application of
shall be applied only to that purpose.
(2) Save as aforesaid, the money to be borrowed under
the authority of this Ordinance shall be appropriated and applied Schedule.
to the purpose specified in the Schedule.
6. (1) If any loan hereby authorized shall be issued under Constitution
of Sinking
the provisions of the General Loan and Stock Ordinance, then Fund and
the contribution to the sinking fund as contemplated by the pro- payment of
visions of sections 14 and 28 of the General Loan and Stock Cap. 249.
2119
2120 CAP. 244) Development (Purchase of Claremont) Loan.
Ordinance, as the case may be, shall commence in respect of
any issue under this Ordinance not later than one year after
the date from which the interest on such issue shall commence
to run.
(2) If any loan hereby authorized is raised independently
Cap. 249. of the General Loan and Stock Ordinance, then the following
provisions shall apply-
(a) so long as any portion of the loan remains outstand-
ing the Administrator shall in each half-year ending with
the day on which the interest on the loan falls due appro-
priate out of the general revenues and assets of the Colony a
sum equal to one half-year's interest on the whole of the
loan outstanding and shall remit that sum to the Crown
Agents for Oversea Governments and Administrations at
such time as will enable them to pay thereout the then
current half-year's interest on the day on which it falls due;
(b) the Administrator shall also in each half-year
ending as aforesaid appropriate out of the said revenues
and assets of the Colony for the formation of a sinking
fund for the repayment of the loan at par an additional sum
in respect of the total nominal amount of the loan outstand-
ing equal to one-half of the annual contribution to be de-
cided upon by the Administrator on the issue of the loan and
shall remit that sum to the Crown Agents for Oversea
Governments and Administrations with the remittance
hereinbefore mentioned:
Provided that the said contribution shall commence not
later than one year after the date from which the interest
on the loan shall commence to run;
(c) the aforesaid contribution shall be not less than such
amount as may be determined with the approval of the
Secretary of State to be sufficient to redeem the loan at its
due date;
(d) the Crown Agents for Oversea Governments and
Administrations shall invest so much of the money so re-
mitted to them as aforesaid as shall not be required for
the payment of interest for the current half-year in the
purchase of such securities as may be approved by the
Secretary of State as a sinking fund for the final extinction
of the debt and the Crown Agents for Oversea Govern-
ments and Administrations shall also invest the dividends,
interest or produce of such of investments in the purchase
Development (Purchase of Claremont) Loan. (CAP. 244 2121
of like securities and may from time to time with the ap-
proval of the Secretary of State change any such investments
and shall hold such funds in trust for the repayment of the
principal moneys for the time being represented by the loan;
(e) in case the sinking fund provided for by this Ordi-
nance shall be insufficient for the payment of all the princi-
pal moneys borrowed under the authority of this Ordinance
at the time the same shall have become due the Admini-
strator shall make good the deficiencies out of the general
revenues and assets of the Colony.
SCHEDULE. S. 5 (2)
art purchase Claremont Estate ... ... ... ... $24,000
Development (Telephone) Loan.
CHAPTER 245.
DEVELOPMENT (TELEPHONE) LOAN.
6/1954
(14th August, 1954.) 8/1956
WHEREAS it is expedient to raise a loan of three hundred
thousand six hundred and thirty-eight dollars and forty cents
for the purpose specified in the Schedule:
1. This Ordinance may be cited as the Development Short title.
(Telephone) Loan Ordinance.
2. The Administrator is hereby authorized to raise a loan Authority to
borrow
of an amount sufficient to produce as nearly as may be the sum $300,638.40.
of three hundred thousand six hundred and thirty-eight dollars
and forty cents and such further sums as may be necessary to
defray the expense of issue.
3. The principal moneys and interest represented by the Security for
loan issued under the provisions of this Ordinance are hereby oan.
charged upon and shall be payable out of the general revenues
and assets of the Colony.
4. The loan hereby authorized or any part of it may be Method of
raising loan.
raised in London under the provisions of the General Loan and Cap. 249.
Stock Ordinance, or, notwithstanding anything to the contrary
in the said Ordinance independently of that Ordinance, as the
Administrator or the Crown Agents for Oversea Governments
and Administrations (hereinafter referred to as the Crown Agents)
acting on his behalf may decide.
5. (1) Any sum raised to defray the expenses of issue Aplication
shall be applied only to that purpose.
(2) Save as aforesaid, the money to be borrowed under the Schedule.
authority of this Ordinance shall be appropriated and applied to
the purpose specified in the Schedule.
(CAP. 245 2123
Development (Telephone) Loan.
Constitution 6. (1) If any loan hereby authorized is raised under the
of sinking
fund and provisions of the General Loan and Stock Ordinance, then the
payment of contribution to the sinking fund as contemplated by the pro-
interest.
Cap. 249. visions of sections 14 and 28 of the said Ordinance, as the case
may be, shall commence in respect of any issue under this Ordi-
nance not later than one year after the date from which the
interest on such issue shall commence to run.
(2) If any loan hereby authorized is raised independently of
Cap. 249. the General Loan and Stock Ordinance, then the following
provisions shall apply-
(a) So long as any portion of the loan remains out-
standing the Administrator shall in each half-year ending
with the day on which the interest on the loan falls due
appropriate out of the general revenues and assets of the
Colony a sum equal to one half-year's interest on the whole
of the loan outstanding and shall remit that sum to the
Crown Agents at such time as will enable them to pay
thereout the then current half-year's interest on the day
on which it falls due.
(b) The Administrator shall also in each half year
ending as aforesaid appropriate out of the said revenues and
assets of the Colony for the formation of a sinking fund
for the repayment of the loan at par an additional sum
in respect of the total nominal amount of the loan outstand-
ing equal to one-half of the annual contribution to be de-
cided upon by the Administrator on the issue of the loan
and shall remit that sum to the Crown Agents with the
remittance hereinbefore mentioned:
Provided that the said contribution shall commence
not later than one year after the date from which the interest
on the loan shall commence to run.
(c) The aforesaid contribution shall be not less than
such amount as may be determined with the approval of
the Secretary of State to be sufficient to redeem the loan
at its due date.
(d) The Crown Agents shall place at interest or invest
so much of the money so remitted to them as aforesaid as
shall not be required for the payment of interest for the
current half-year in the purchase of such securities as may
be approved by the Secretary of State as a sinking fund
for the final extinction of the debt and the Crown Agents
shall also place at interest or invest the dividends, interest
2124 CAP. 245)
Development (Telephone) Loan.
or produce of such investments in the purchase of like
securities and may from time to time with the approval of
the Secretary of State change any such investments and
shall hold such funds in trust for the repayment of the
principal moneys for the time being represented by the
loan.
(e) In case the sinking fund provided for by this
Ordinance shall be insufficient for the payment of all the
principal moneys borrowed under the authority of this
Ordinance at the time the same shall have become due
the Administrator shall make good the deficiencies out of
the general revenues and assets of the Colony.
SCHEDULE. S. 5 (2)
For the reorganization of the telephone system of the
Island of Antigua ... .. .. ... $300,638.40
(CAP. 245 2125
Development (Villa Housing) Loan.
CHAPTER 246.
DEVELOPMENT (VILLA HOUSING) LOAN.
(3rd November, 1954.) 9/1954
WHEREAS it is expedient to raise a loan of one hundred Preamble.
and sixty-eight thousand dollars for the purpose specified in
the Schedule.
1. This Ordinance may be cited as the Development Short title.
(Villa Housing) Loan Ordinance.
2. The Administrator is hereby authorized to raise a Authrity to
loan of an amount sufficient to produce as nearly as may be the borrow
sum of one hundred and sixty-eight thousand dollars and such $168,000.
further sums as may be necessary to defray the expenses of issue.
3. The principal moneys and interest represented by the security for
loan issued under the provisions of this Ordinance are hereby loan.
charged upon and shall be payable out of the general revenues
and assets of the Colony.
4. The loan hereby authorized or any part of it may be
raised in London under the provisions of the General Loan and raiig loan.
Stock Ordinance, or, notwithstanding anything to the contrary Cap. 249.
in the said Ordinance, independently of that Ordinance, as the
Administrator or the Crown Agents for Oversea Governments
and Administrations (hereinafter referred to as the Crown Agents)
acting on his behalf may decide.
5. (1) Any sum raised to defray the expenses of issue shall Application
be applied only to that purpose. of loan
(2) Save as aforesaid, the money to be borrowed under the Schedule.
authority of this Ordinance shall be appropriated and applied
to the purpose specified in the Schedule.
6. (1) If any loan hereby authorized is raised under Constitution
the provisions of the General Loan and Stock Ordinance, then fund and
the contribution to the sinking fund as contemplated by the pro- payment of
visions of sections 14 and 28 of the said Ordinance, as the case Cap. 249.
(CAP. 246 2127
Development (Villa Housing) Loan.
may be, shall commence in respect of an issue under this Ordi-
nance not later than one year after the date from which the
interest on such issue shall commence to run.
(2) If any loan hereby authorized is raised independently of
Cap. 249. the General Loan and Stock Ordinance, the following provisions
shall apply-
(a) So long as any portion of the loan remains out-
standing the Administrator shall in each half-year ending
with the day on which the interest on the loan falls due to
appropriate out of the general revenues and assets of the
Colony a sum equal to one half-year's interest on the whole
of the loan outstanding and shall remit that sum to the
Crown Agents at such time as will enable them to pay there-
out the then current half-year's interest on the day on which
it falls due.
(b) The Administrator shall also in each half-year end-
ing as aforesaid appropriate out of the said revenues and
assets of the Colony for the formation of a sinking fund for
the repayment of the loan at par an additional sum in
respect of the total nominal amount of the loan outstanding
equal to one half of the annual contribution to be decided
upon by the Administrator on the issue of the loan and shall
remit that sum to the Crown Agents with the remittance
hereinbefore mentioned:
Provided that the said contribution shall commence
not later than one year after the date from which the interest
on the loan shall commence to run.
(c) The aforesaid contribution shall be not less than
such amount as may be determined with the approval of
the Secretary of State to be sufficient to redeem the loan at
its due date.
(d) The Crown Agents shall place at interest or invest
so much of the money so remitted to them as aforesaid as
shall not be required for the payment of interest for the
current half-year in the purchase of such securities as may
be approved by the Secretary of State as a sinking fund
for the final extinction of the debt and the Crown Agents
shall also place at interest or invest the dividends, interests
or produce of such investments in the purchase of like
securities and may from time to time with the approval
of the Secretary of State change any such investments and
shall hold such funds in trust for the repayment of the
2128 CAP. 246)
Development (Villa Housing) Loan. (CAP. 246 2129
principal moneys for the time being represented by the loan.
(e) In case the sinking fund provided for by this
Ordinance shall be insufficient for the payment of all the
principal moneys borrowed under the authority of this
Ordinance at the time the same shall become due the
Administrator shall make good deficiencies out of the
general revenue and assets of the Colony.
SCHEDULE. S. 5 (2)
Housing development in the Villa Area ... ... $168,000
General Development Local Loan (1952).
CHAPTER 247.
GENERAL DEVELOPMENT LOCAL LOAN (1952).
(28th July, 1952.)
WHEREAS it is expedient to raise a loan of ninety-six
thousand dollars for the purpose of financing the general develop-
ment of the Colony:
1. This Ordinance may be cited as the General Develop-
ment Local Loan (1952) Ordinance.
2. The Administrator is hereby authorized to issue deben-
tures in the Colony under the provisions of the General Local
Loan Ordinance, to an amount sufficient to produce as nearly as
may be the sum of ninety-six thousand dollars.
3. The money borrowed under this Ordinance shall be
appropriated and applied to the financing of such schemes re-
lating to the general development of the Colony as the Admini-
strator with the prior sanction of the Secretary of State may
direct.
4. The first half-yearly contributions to the sinking fund,
as contemplated by the provisions of subsection (2) of section 13
of the General Local Loan Ordinance, shall be taken in respect
of any debentures issued under this Ordinance not later than
three years after the date on which the first half-yearly payments
of interest on such debentures falls due.
9/1952
Preamble.
Short title.
Authority to
borrow by sale
of debentures.
Cap. 250.
Application of
loan.
Commence-
ment of
Sinking Fund
Contributions
Cap. 250.
(CAP. 247 2131
General Development Local Loan (1953).
(CAP. 248
CHAPTER 248.
GENERAL DEVELOPMENT LOCAL LOAN (1953).
(28th July, 1953.)
WHEREAS it is expedient to raise a loan of ninety-six
thousand dollars for the purpose of financing the general develop-
ment of the Colony:
1. This Ordinance may be cited as the General Develop-
ment Local Loan (1953) Ordinance.
2. The Administrator is hereby authorized to issue deben-
tures in the Colony under the provisions of the General Local
Loan Ordinance, to an amount sufficient to produce as nearly as
may be the sum of ninety-six thousand dollars.
3. The money borrowed under this Ordinance shall be
appropriated and applied to the financing of such schemes re-
lating to the general development of the Colony as the Admini-
strator with the prior sanction of the Secretary of State may
direct.
4. The first half-yearly contributions to the sinking fund,
as contemplated by the provisions of subsection (2) of section 13
of the General Local Loan Ordinance, shall be taken in respect
of any debentures issued under this Ordinance not later than
three years after the date on which the first half-yearly payments
of interest on such debentures falls due.
2133
5/1953
Preamble.
Short title.
Authority to
borrow by
sale of
debentures.
Cap. 250.
Application
of loan.
Commence-
ment of
Sinking Fund
Contributions.
Cap. 250.
General Loan and Stock.
CHAPTER 249.
GENERAL LOAN AND STOCK.
8/1950
(1st December, 1950.)
WHEREAS it is expedient to define in one Ordinance the
terms and conditions applicable to loans hereinafter authorized
to be raised by the Legislature of the Colony of Antigua;
AND WHEREAS it is expedient to provide for the creation
of stock and to enable the Colony of Antigua to take advantage
of the provisions of the Acts of the Imperial Parliament entitled
the Colonial Stocks Act, 1877 to 1948, and any Act amending
the same:
1. This Ordinance may be cited as the General Loan
and Stock Ordinance.
2. In this Ordinance-
"Crown Agents" means the persons for the time being
acting as Crown Agents for Overseas Governments and
Administrations;
"stock" includes both inscribed and registered stock;
"registered stock" means stock transferable by instrument
in writing.
3. Whenever by any Act or Ordinance authority shall
have been given, or shall hereafter be given, to raise any sum of
money for the purposes mentioned in such Act or Ordinance,
the Administrator, or the Crown Agents acting on his behalf,
may from time to time, as he or they may deem expedient, raise
such sum either by debentures or by stock, or partly by deben-
tures and partly by stock.
4. The principal moneys and interest represented by
debentures or stock issued under the provisions of this Ordinance
are hereby charged upon and shall be payable out of the general
revenues and assets of the Colony.
Short title.
Interpretation.
Loans to be
raised by
debentures or
stock.
Loans to be a
charge upon
general
revenue.
2135
(CAP. 249
General Loan and Stock.
Borrowing
upon deben-
tures.
Amount of
each
debenture.
Debentures may
be redeemed
by annual
drawings or by
purchase in the
market or on a
date fixed.
Interest
coupons.
Form of deben-
ture and
coupons.
Debentures and
coupons trans-
ferable by
delivery
Registry of
debentures.
5. When the Administrator, or the Crown Agents acting
on his behalf, shall deem it expedient to raise money by deben-
tures, such debentures shall be issued in London on behalf of
the Government of Antigua by the Crown Agents, upon the
best and most favourable terms that can be obtained, and shall
be signed by any one of them on that behalf.
6. Every debenture issued under the provisions of this
Ordinance shall be for the sum of not less than four hundred
and eighty dollars.
7. The debentures shall be redeemable either-
(a) at par on a fixed date to be declared on the issue
of the debentures such date not being later than sixty years
from the date of issue:
Provided that the Administrator, or the Crown Agents
acting on his behalf, may reserve the option to redeem the
debentures prior to such date on such conditions as may
be declared at the time of issue; or
(b) by annual drawings at par or at the option of the
Administrator, or the Crown Agents acting on his behalf,
by purchase at or below par.
8. There shall be attached to every debenture coupons
for the payment of the interest to become due in each half-year
upon the principal represented by the debenture. The coupons
shall be sufficient in number to provide for the payment of the
interest, either during the whole period for which the debenture
has to run, or for such limited period as the Crown Agents,
acting on behalf of the Government of Antigua may deter-
mine.
9. The debentures and the coupons thereto shall be in
such form as the Administrator, or the Crown Agents acting on
his behalf, may direct or approve.
10. Every debenture and coupon, and the right to re-
ceive the principal and interest represented thereby, shall be
transferable by delivery.
11. Every debenture shall, before being issued, be regis-
tered in a register book to be kept for that purpose at the office
in London of the Crown Agents.
2136
CAP. 249)
(CAP. 249 2137
12. The interest upon the principal represented by each
debenture shall run from the day named in that behalf in the
debenture, and shall be paid half-yearly on the days named in
that behalf in the debenture, at the office in London of the
Crown Agents.
13. So long as any of the debentures remain outstanding,
the Administrator shall, in each half-year ending with the day
on which the interest on the debentures falls due, appropriate
out of the general revenues and assets of the Colony, a sum
equal to one half-year's interest on the whole of the debentures
issued, including any which may have been redeemed, but
exclusive of any which may have been exchanged at any
time for stock, and shall remit that sum to the Crown Agents at
such time as will enable them to pay thereout the then current
half-year's interest on the day on which it falls due. Debentures
shall not be deemed to be outstanding for the purpose of this
Ordinance by reason only that one or more of the debentures
have not been presented for payment on the day appointed for
payment and have, in consequence, not been paid.
14. (1) The Administrator shall, in the half-year ending
on the date specified in the terms of issue of the loan as that on
which the first contribution to the sinking fund shall be taken and
in each subsequent half-year, appropriate out of the said revenues
and assets of the Colony for the formation of a sinking fund, an
additional sum equal to one half of the annual contribution
specified in the prospectus or, in the case of a loan not issued
publicly, in the terms of issue relating to the loan, in respect of
the total nominal amount of all the debentures issued, including
any which may have been redeemed, but exclusive of any which
may have been at any time exchanged for stock, and shall remit
that sum to the Crown Agents with the remittance hereinbefore
mentioned.
(2) Notwithstanding anything to the contrary contained
in subsection (1), if at any time the trustees of the sinking fund of
any loan issued under the provisions of this Ordinance are satis-
fied that the value of the fund will be sufficient with further
accumulations of interest but without further payment of con-
tributions to enable the loan to be redeemed out of the proceeds
of the sinking fund not later than the final redemption date, the
Payment of
interest.
Mode of pro-
viding for pay-
ment of inter-
est on deben-
tures.
Further sums
to be remitted
for the redemp-
tion of the
debentures.
General Loan and Stock.
General Loan and Stock.
Application of
sinking fund.
Creation of
sinking fund
for redemption
of debentures
payable on a
fixed date.
Disposal of
sinking fund
when deben-
tures are
redeemed by
purchase or
by annual
drawings.
Appointment of
day for draw-
ing of
debentures.
Administrator may with the approval of the Secretary of State
suspend further contributions to the said sinking fund:
Provided always that contributions to the sinking fund shall
be recommended if the trustees shall at any time inform the
Administrator that this is necessary.
15. The sinking fund shall be applied in the first place
in payment of all expenses of, or incidental to, the redemption
of the debentures and the cost and expenses of all notices
required by this Ordinance to be given, and in the next place,
and subject to the aforesaid payments, in repayment of the
principal moneys for the time being represented by the deben-
tures.
16. In the case of debentures redeemable on a fixed
date, the Crown Agents shall place at interest or invest in the
purchase of such securities as may be approved by the Secretary
of State so much of the money so remitted to them as aforesaid
as shall not be required for the payment of interest for the current
half-year, as a sinking fund for the final extinction of the debt,
and the Crown Agents shall also place at interest or invest in
the purchase of like securities the accumulations of interest or the
dividends, interest or produce of such investments and may,
from time to time, with the approval of the Secretary of State,
change any such investments and shall hold such fund in trust
for the repayment of the principal moneys for the time being
represented by the debentures.
17. In the case of debentures redeemable by annual
drawings, the Crown Agents shall place and keep the moneys
so remitted to them, or so much thereof as may not be required
for immediate payments, at interest, and shall hold all such
moneys and the accumulation thereon in trust to apply them
in the first place to the purchase of the debentures when they
can be obtained at a price not exceeding par, and, secondly, to
the redemption of the debentures by means of annual drawings.
18. After the date specified in the Ordinance authori-
zing a loan as that on which the contributions to the sinking fund
shall commence in respect of that loan, and so long thereafter as
any of the debentures remain outstanding and unsatisfied, the
Crown Agents shall in every year, unless the whole of the money
2138
CAP. 249)
(CAP. 249 2139
applicable in that year to the redemption of debentures has
been applied in the purchase thereof, appoint a day in that
year for the drawing by lot of the debentures to be redeemed.
19. If a day is appointed for drawing, the Crown Agents
shall give, by advertisement in the London Times newspaper,
not less than fifteen days previous notice, specifying the day on
which, and the hour and place at which, the drawing will take
place.
20. On the day and at the hour and place so specified
the Crown Agents shall hold a meeting, at which the holder of
any debenture may, if he thinks fit, be present, and shall then
in the presence of such debenture holders, if any, as may attend,
and of a Notary Public, draw by lot, out of the whole number
of debentures for the time being outstanding, debentures of the
specified nominal amount.
21. The Crown Agents shall thereupon declare the dis-
tinguishing numbers of the debentures drawn for redemption,
and shall, as soon as may be, by advertisement in the London
Times newspaper, specify those numbers and appoint a day
not being later as to each debenture than the day on which the
then current half-year's interest thereon is payable, on which
the principal moneys represented by the debentures so distin-
guished will be repaid.
22. On the day so appointed the Crown Agents shall, at
their office in London, on demand, pay to the holders of the
debentures drawn for repayment the principal moneys repre-
sented by those debentures, with all interest payable thereon up
to that day.
23. From and after the day appointed for the repayment
of any debenture all interest on the principal moneys represented
thereby shall cease and determine, whether payment of the prin-
cipal shall have been demanded or not.
24. Upon the repayment of the principal moneys repre-
sented by any debenture, the debenture, with all coupons there-
unto belonging, shall be delivered up to the Crown Agents, to be
by them cancelled and disposed of in such a manner as the
Administrator, or the Crown Agents acting on his behalf, may
decide. Any debenture redeemed by purchase shall likewise be
so cancelled and disposed of.
Notice of time
and place ap-
pointed for
drawing.
Mode of
drawing.
Notice of
debentures
drawn for
redemption.
Payment of
drawn deben-
tures.
Cesser of inter-
est from day
appointed for
payment of
principal.
Redeemed
debentures to
be cancelled.
General Loan and Stock.
2142 CAP. 249)
(a) He may authorize the Crown Agents when issuing
any loan in the form of debentures to declare that such
debentures will be convertible into stock at such dates and
on such terms and conditions as may be prescribed by
the Crown Agents at the time of the issue of the deben-
tures.
(b) He may declare all or any of the Antigua loans,
whether existing in the form of stock or debentures, and
whether issued before or after the commencement of this
Ordinance, to be convertible into stock, to be issued under
the provisions of this Ordinance.
(c) He may authorize the creation and issue of such
an amount of stock in exchange for the securities held for
such loans as may be necessary.
(d) He may authorize the creation and sale of any such
stock or debentures for the purpose of raising money for
redeeming any outstanding loans whether issued before
or subsequent to the passing of this Ordinance, for paying
any expense in the creation of stock, and otherwise for
carrying out the provisions of this Ordinance.
(e) Any conversion so authorized may be effected
either by an arrangement with the holders of existing
securities or by purchase thereof out of moneys raised by
the sale of stock, or partly in one way and partly in the
other.
Exchange of 33. Nothing in this Ordinance contained shall authorize
securities for
stock. an increase of the capital or of the annual charge on any loan,
except-
(a) when securities exchanged for stock bear a rate
of interest not less than the stock, an additional amount
of stock may be created and issued to make up the differ-
ence in saleable value between the securities and the stock;
(b) in the case of the conversion of securities into
stock the Crown Agents shall issue such an amount of
stock as may be required to defray the stamp duties and
all other expenses incidental to the conversion;
(c) in accordance with such terms and conditions as
may be prescribed under paragraph (a) of section 32.
General Loan and Stock.
(CAP. 249 2143
34. The securities exchanged or otherwise converted
into stock under the provisions of this Ordinance shall be forth-
with cancelled by the Crown Agents, and the debentures
surrendered shall be cancelled and transmitted to the Admini-
strator.
35. The trustees of the sinking fund appointed under
this Ordinance, and acting under any Ordinance authorizing
the issue of any securities which may be exchanged into stock
or cancelled or purchased under the provisions of this Ordi-
nance, shall determine what amount of the sinking fund held
by them and created for repayment of such securities shall be
released and in the determination of such question the trustees
shall take into consideration the value of the whole investments
held by them on account of such sinking funds, the amount of
the debt remaining a charge on such sinking funds, and such
matters as the trustees may think fit to take into account.
36. So much of the sinking funds as may be released shall
either be transferred unto the trustees of the stock sinking fund,
or be disposed of in such a manner as the Administrator, with
the advice and consent of the Legislative Council, may direct.
37. The Crown Agents may from time to time, at the
request of the Administrator, make arrangements for all or any
of the following things-
(1) For inscribing and registering stock in their books.
(2) For managing the creation, inscription, registration and
issue of stock, including the issue of certificates of title in respect
of such stock.
(3) For effecting the conversion of loans into stock.
(4) For paying interest on stock and managing the transfers
thereof.
(5) For issuing stock certificates to bearer, and, as often
as occasion shall require, re-inscribing or re-registering them.
(6) For effecting the exchange or conversion of inscribed
stock into registered stock.
38. This Ordinance shall be applicable only to the raising
of loans in England, and nothing in this Ordinance contained
shall prevent the raising of loans in the Colony upon such terms
and conditions as shall be specified in any Ordinance authoriz-
ing the raising of such loans.
Converted
securities to be
cancelled.
Trustees to ap-
portion amount
of sinking fund
released by
conversion.
Sinking funds
released: how
to be disposed
of.
Creation, in-
scription, regis-
tration, issue,
conversion, and
transfer of
stock.
Raising of
loans in the
Colony.
General Loan and Stock.
General Loan and Stock.
Regulations
regarding
transfer of
Stock.
40 and 41 Vic.
c. 59.
12 & 13 Geo. 6
c. 1.
39. Authority is hereby given for the making of regula-
tions under section 16 of the Colonial Stock Act, 1877, to pro-
vide, that, in accordance with section 1 of the Colonial Stock
Act, 1948, stock issued (whether before or after the passing of
the last mentioned Act) under the provisions of this Ordinance
shall be transferable by instrument in writing in accordance
with the regulations and in no other manner.
2144
CAP. 249)
General Local Loan.
CHAPTER 250.
GENERAL LOCAL LOAN.
(1st December, 1951.)
1. This Ordinance may be cited as the General Local
Loan Ordinance.
2. In this Ordinance-
"prescribed" means prescribed by this Ordinance or by any
rules or regulations made thereunder;
3. This Ordinance shall be applicable only to loans
raised locally in the Colony.
4. Whenever by an Ordinance authority shall have been
given to the Administrator to raise any sum of money for the
purposes mentioned in such Ordinance the Administrator may
from time to time as he may deem expedient raise such sum
or any part thereof by debentures issued under the provisions
of this Ordinance.
5. The principal monies and interest represented by
such debentures are hereby charged upon and shall be payable
out of the general revenues and assets of the Colony.
6. Such debentures shall be issued in the Colony upon
the best and most favourable terms that can be obtained and
shall be signed by the Administrator and Accountant-General
or by any other person or persons thereto specially authorized
by the Administrator.
7. Each debenture may be for a sum of one hundred
dollars, two hundred dollars, five hundred dollars, one thousand
dollars or five thousand dollars.
9/1951
20/1954
Short title.
Interpretation.
Scope.
Loans to be
raised by
debentures.
Loans to be a
charge upon
general
revenue.
Borrowing upon
debentures.
Amount of
each debenture.
(CAP. 250
2145
General Local Loan.
Debentures
may be either
fixed date or
drawing
debentures.
Debentures to
be registered
and transfer-
able by instru-
ment in
writing.
Register to be
conclusive
evidence of
facts entered
therein.
Form of
debenture.
Payment of
interest.
8. The debentures shall be redeemable either-
(a) at par on a fixed date to be declared on the issue of
the debentures, such date not being later than sixty years
from the date of issue: Provided that the Administrator may
reserve the option to redeem the debentures prior to such
date on such conditions as may be declared at the time of
issue (such debentures being hereinafter referred to as
fixed-date debentures); or
(b) by annual drawings at par or at the option of the
Administrator by purchase in the market as hereinafter
provided (such debentures being hereinafter referred to
as drawing debentures.)
9. Every debenture shall before being issued be registered
by the Accountant-General in a register to be kept for that
purpose at the office of the Accountant-General, and the name
and address of the holder of each debenture and all transfers
of debentures shall be noted in the register. Debentures shall be
transferable by instrument in writing in such form and subject
to such conditions as may be prescribed by the Administrator.
10. (1) The entries in the register kept under the pro-
visions of this Ordinance, shall be conclusive evidence of the
facts, matters, particulars and transactions to which these entries
relate.
(2) A copy of an entry in the register certified under the
hand of the Accountant-General to be a true copy of the original
entry shall be receivable in evidence in any judicial proceedings
unless a Judge of the Supreme Court shall otherwise direct.
11. Debentures shall be in such form as the Administrator
may direct or approve.
12. The interest upon the principal represented by each
debenture shall run from the day named in that behalf in the
debenture and shall be payable half-yearly on the days named
in that behalf in the debenture at the office of the Accountant-
General in such manner as may be prescribed by the Admini-
strator.
2146
CAP. 250)
(CAP. 250 2147
13. (1) So long as any of the debentures remain outstand-
ing the Administrator shall in each half-year ending with the
day on which the interest on the debenture falls due appropriate
out of the general revenues and assets of the Colony a sum
equal to one half-year's interest on the whole of the debentures
issued including any which may have been redeemed.
(2) The Administrator shall also in the half-year ending on
the date specified in the terms of issue of the loan as that on which
the first contribution to the sinking-fund shall be taken and in
each subsequent half-year appropriate out of the said revenues
and assets of the Colony for the formation of a sinking fund
an additional sum equal to one-half of the annual contribution
to be decided upon by the Administrator on the issue of the loan.
Such contribution shall be in respect of the total nominal amount
of all the debentures issued including any which may have been
redeemed.
(3) Debentures shall not be deemed to be outstanding
for the purposes of this Ordinance by reason only that one or
more of the debentures have not been presented for payment
on the day appointed for payment and have in consequence
not been paid.
14. In the case of fixed-date debentures so much of the
monies appropriated as aforesaid as shall not be required for the
immediate payment of interest shall be remitted to the Crown
Agents for the formation of a sinking fund and the Crown
Agents shall place at interest or invest the money so remitted
to them in the purchase of such securities as may be approved
by the Secretary of State as a sinking fund for the final extinc-
tion of the debt and shall also place at interest or invest the
dividends interest or produce of such investments in the purchase
of like securities and may from time to time with the approval of
the Secretary of State change any such investments and shall
hold such fund in trust for the repayments of the principal monies
for the time being represented by the debentures: Provided that
if at any time the trustees of the sinking fund are satisfied that
the value of the fund will be sufficient with further accumula-
tions of interest, but without further payments of contributions
to enable the debentures to be redeemed out of the proceeds of
the sinking fund when the same shall fall due to be redeemed,
the Administrator may with the approval of the Secretary of
State suspend further payment of contributions to the said
sinking fund: Provided further that contributions to the sinking
Mode of pro-
viding for pay-
ment of interest
on debentures
and for contri-
bution to
sinking fund.
Creation of
sinking fund
for redemption
of debentures
payable on a
fixed date.
General Local Loan.
2148 CAP. 250)
fund shall be recommended if the trustees shall at any time
inform the Administrator that it is necessary.
Disposal of 15. In the case of drawing debentures so much of the
sinking fund
when deben- monies appropriated as aforesaid as shall not be required for
tures are re- the immediate payment of interest and the accumulations
deemed by
purchase of thereon shall be held by the Accountant-General in trust to
annual apply them to the purchase of the debentures when they can be
wings obtained at a price not exceeding par and secondly to the redemp-
tion of the debentures by means of annual drawings in the
manner following-
(a) After the commencement of the contributions to
the sinking fund in respect of any loan, and so long there-
after as any of the debentures remain outstanding, the
Administrator shall, in every year, unless the whole of the
money applicable in that year to the redemption of deben-
tures has been applied in the purchase thereof, appoint a
day in that year for the drawing by lot of the debentures to
be redeemed.
(b) If a day is appointed for drawing, the Accountant-
General shall give by advertisement in the Gazette and
in at least two of the local newspapers circulating in the
Colony not less than fifteen days' previous notice, specifying
the day on which, and the hour and the place at which, the
drawing will take place.
(c) On the day and at the hour and place so specified
the Administrator and the Accountant-General or any
other officers appointed by the Administrator for the pur-
pose shall hold a meeting at which the holder of any deben-
ture may, if he think fit, be present, and shall then in the
presence of such debenture holders as may attend
draw by lot, out of the whole number of debentures for the
time being outstanding, debentures of the specified nominal
amount.
(d) The Administrator and the Accountant-General,
or any other officers appointed as aforesaid, shall thereupon
declare the distinguishing numbers of the debentures drawn
for redemption, and the Accountant-General shall, as soon
as may be, by advertisement in the Gazette and at least
one of the local newspapers circulating in the Colony, specify
those numbers and appoint a day, not being later as to
each debenture than the day on which the then current
General Local Loan.
General Local Loan.
(CAP. 250 2149
half-year's interest thereon is payable, on which the prin-
cipal monies represented by the debentures so distinguished
will be repaid. Notice of the debentures drawn for redemp-
tion shall also be sent by post to the registered holders of
such debentures.
(e) From and after the day so appointed the Account-
ant-General shall at his office, pay on demand to the holders
of the debentures drawn for repayment the principal monies
represented by these debentures, with all interest payable
thereon up to the appointed day.
16. From and after the day appointed for the repayment
of any debenture, whether a fixed-date or a drawing deben-
ture, all interest on the principal monies represented thereby
shall cease and determine, whether payment of the principal
shall have been demanded or not.
17. Upon repayment of the principal monies represented
by any debenture, such debenture shall be delivered up to the
Accountant-General to be by him cancelled and retained. Any
drawing debenture redeemed by purchase shall likewise be so
cancelled and retained.
18. All expenses of or incidental to the redemption of
the debentures and the costs and expenses of all notices required
by this Ordinance to be given may be paid out of the sinking
fund.
Cessation of
interest from
day appointed
for payment of
principal.
Redeemed
debentures to
be cancelled
Expenses of
redemption to
be borne by
sinking fund.
Housing (Loan and Grant).
CHAPTER 251.
HOUSING (LOAN AND GRANT).
(31st December, 1930.) 5/1930
WHEREAS His Majesty's Government by virtue of the Preamble.
provisions of an Act of the Imperial Parliament, 20 Geo. V,
Cap. 5 (The Colonial Development Act, 1929) has granted to
this Colony the sum of 13,000 for the improvement of the
housing conditions of the labouring classes, 6,500 being a free
gift and -6,500 being repayable on the terms and conditions
set out in the Schedule hereto:
AND WHEREAS it is desirable to accept the said grant and
to provide for carrying into effect the object of the same and
for the repayment of the said sum of 6,500 :
1. This Ordinance may be cited as the Housing (Loan Short title.
and Grant) Ordinance.
2. (1) The Administrator may appoint a Housing Board Administrator
for the purposes of this Ordinance. a Housing
Board.
(2) Members of the Board shall hold office during the
Administrator's pleasure.
(3) The Administrator may nominate a member of the
Board to be Chairman.
(4) Two members of the Board shall be a quorum.
3. The Administrator in Council may make regulations Power to make
with regard to all or any of the following matters, that is to regulations.
say-
(1) The erection, alteration and repair of houses;
(2) The terms and conditions on which houses may be occu-
pied, sold or otherwise dealt with.
(CAP. 251 2151
CAP. 251)
Housing (Loan and Grant).
Loan to be
charged upon
general
revenue.
Schedule.
Housing fund.
2152
4. The principal moneys and interest required as set out
in the Schedule are hereby charged upon and shall be payable
out of the general revenues and assets of the Colony.
5. After payment of principal and interest all surplus
moneys remaining over from rents and sales of houses shall be
paid into a fund called the Housing Fund and shall be used for
the erection, alteration and repair of houses in the same manner
as the moneys first provided from the said grant from the Imperial
Parliament.
SCHEDULE. S. 4
A free grant of 6,500, and a lon of 6,500 free of interest
for five years; thereafter bearing interest at five per cent. and
repayable within twenty-five years.
TITLE XXIX.
PUBLIC OFFICES AND OFFICERS.
CHAPTER. PAGE.
252 LEGAL OFFICERS (appointment, dismissal and dis-
ciplinary control) ... ... ... ... 2155
253 PROMISSORY OATHS ... ... ... ... 2157
254 PUBLIC OFFICES ... ... ... ... ... 2159
255 PUBLIC SERVICE COMMISSION ... ... ... 2161
256 SENIOR LAW OFFICER (Powers) ... ... ... 2167
257 TREASURY ... ... ... ... ... ... 2169
258 TREASURY REGULATIONS (after hours work) ... 2171
259 TREASURY REORGANIZATION ... ... ... 2173
Legal Officers (appointment, dismissal & disciplinary control) (CAP. 252
CHAPTER 252.
LEGAL OFFICERS (APPOINTMENT, DISMISSAL AND
DISCIPLINARY CONTROL).
(1st January, 1960.)
1. This Ordinance may be cited as the Legal Officers
(appointment, dismissal and disciplinary control) Ordinance.
2. In this Ordinance-
"the Judicial and Legal Service Commission" means the
Judicial and Legal Service Commission established
by the Windward Islands and Leeward Islands)
(Courts) Order in Council, 1959;
"the public service" means the service of the Crown in a
civil capacity in respect of the Government of the
Colony.
3. (1) Subject to the provisions of this section, power to
make appointments to the offices to which this Ordinance applies
and to dismiss and to exercise disciplinary control over persons
holding or acting in such offices shall vest in the Administrator
acting after consultation with the Judicial and Legal Service
Commission.
(2) Power to appoint a person to act in any office to which
this Ordinance applies during any period during which it is
vacant or the holder thereof is unable for any reason to perform
the functions of that office shall vest in the Administrator acting
after consultation with the Chief Justice.
(3) This Ordinance applies to the offices of the Senior Law
Officer of the Colony and the Legal Assistant of the Colony and
to such other offices in the public service, for appointment to
which persons are required to possess legal qualifications, as
may be prescribed by any law enacted by the Legislature of the
Colony.
30/1959
8/1960
Short title.
Interpretation.
Appointments,
etc., of certain
legal officers.
2155
Promissory Oaths.
CHAPTER 253.
PROMISSORY OATHS.
(25th April, 1876.)
1. This Act may be cited as the Promissory Oaths Act.
2. The oaths in the forms prescribed in the Schedule
shall be taken by the undermentioned officers and persons.
3. Administrators and officers administering Govern-
ments, and other superior executive officers, shall take the oath
of allegiance and the official oath merely.
4. Judges and other .judicial officers shall take the oath
of allegiance and the judicial oath.
5. Legislative councillors shall take the oath of allegiance
only.
6. Executive councillors shall take the oath of allegiance
and the oath of fidelity in the discharge of their duties.
7. Aliens, on naturalization, shall take the oath of
allegiance only.
8. If any officer or other person, when any oath required
to be taken by him under this Act is duly tendered, declines or
neglects to take such oath, he shall, if he has already entered on
his office, vacate the same, and, if he has not entered on the
same, be disqualified from entering on the same, but no person
shall be compelled, in respect of the same appointment to the
same office, to take such oath more than once.
9. Where, in any oath under this Act, the name of Her
present Majesty is expressed, the name of the Sovereign of the
United Kingdom of Great Britain and Northern Ireland for the
time being shall be substituted from time to time.
5/1876
2/1956
S.R.O.22/1956
Short title.
Forms of oaths
to be taken by
certain officials.
Oaths of
superior exe-
cutive officer.
Oaths of judi-
cial officer.
Oath of legis-
lative council-
lor.
Oaths of
executive
councillor.
Oaths of alien
on naturaliza-
tion.
Penalty for not
taking oath.
The name of
the Sovereign
for the time
being to be
used in oath.
(CAP. 253
2157
2158 CAP. 253)
SCHEDULE. S. 2.
OATH OF ALLEGIANCE.
I, do swear that I will be faithful and
bear true allegiance to Her Majesty Queen Elizabeth the Second,
Her Heirs and Successors, according to law.
So Help Me God.
OFFICIAL OATH.
I, do swear that I will well and truly
serve Her Majesty Queen Elizabeth the Second in the office of
SSo Help Me God.
JUDICIAL OATH.
I, do swear that I will well and truly
serve our Sovereign Lady, Queen Elizabeth the Second, in the
office of and I will do right to all manner
of people after the laws and usages of the Colony, without fear,
favour, affection, or ill-will.
So Help Me God.
OATH OF EXECUTIVE COUNCILLOR.
I, being chosen and admitted to Her
Majesty's Executive Council in this Colony, do swear that except
with the authority of His Honour the Administrator, I
will not
directly or indirectly reveal the business or proceedings of the
Executive Council or the nature or contents of any document
communicated to me as a Member of the Council or any matter
coming to my knowledge in my capacity as a Member of the
Council, and that in all things I will be a true and faithful Coun-
cillor.
So Help Me God.
Promissory Oaths.
(CAP. 254 2159
CHAPTER 254.
PUBLIC OFFICES.
(1st July, 1956.)
1. This Ordinance may be cited as
Ordinance.
the Public Offices short title.
2. Where by or under any Ordinance and at the date
of commencement of this Ordinance a public officer holds either
by name or by office an appointment to any public office made
with reference to the Presidency, or any person holds an appoint-
ment similarly made to any office, board, commission, com-
mittee or similar body whether corporate or unincorporated, such
public officer or person "as the case may be shall as from the
said date be deemed to hold his appointment as if it were made
with reference to the Colony.
Appointments
to offices and
boards in the
Presidency to
be deemed to
be appoint-
ments to cor-
responding
offices and
boards in the
Colony.
Public Offices.
Public Service Commission.
CHAPTER 255.
PUBLIC SERVICE COMMISSION.
(1st January, 1960.)
1. This Ordinance may be cited as the Public Service
Commission Ordinance.
2. (1) In this Ordinance-
"the Judicial and Legal Service Commission" means the
Judicial and Legal Service Commission established by
the Windward Islands and Leeward Islands (Courts)
Order in Council, 1959;
"the Police Service Commission" means the Police Service
Commission established by the Windward Islands and
Leeward Islands (Police Service Commission) Order
in Council, 1959.
(2) For the purposes of this Ordinance, "public office"
does not include office as a member of any board, panel, com-
mittee or other similar body (whether incorporated or not)
established by any law for the time being in force in the Colony.
3. (1) There shall be in and for the Colony a Public Ser-
vice Commission (hereinafter in this Ordinance referred to as
"the Commission") which shall consist of a Chairman and such
number of other members, not being less than two nor more
than four, as the Administrator, acting in his discretion, may
from time to time decide.
(2) The members of the Commission shall be appointed by
the Administrator, acting after consultation with the Chief
Minister, by instrument under the Public Seal of the Colony.
(3) No person shall be qualified to be appointed as a
member of the Commission if he holds or is acting in any
public office other than the office of member of the Judicial
and Legal Service Commission or member of the Police Service
Commission.
28/1959
3/1961
Short title.
Interpretation.
Public Service
Commission.
(CAP. 255 2161
2162 CAP. 255) Public Service Commission.
(4) The office of a member of the Commission shall become
vacant-
(a) at the expiration of five years from the date of
his appointment or such earlier time as may be specified
in the instrument by which he is appointed;
(b) if he resigns his office by writing under his hand
addressed to the Administrator;
(c) if he is appointed to or to act in any public office
other than the office of member of the Judicial and Legal
Service Commission or of the Police Service Commission;
or
(d) if the Administrator, acting in his discretion, directs
that he shall be removed from office for inability to dis-
charge the functions thereof (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour.
(5) If the office of a member of the Commission is vacant
or a member is for any reason unable to perform the functions
of his office, the Administrator, acting after consultation with
the Chief Minister, may appoint a person who is qualified for
appointment as a member of the Commission to act as a mem-
ber of the Commission, and any person so appointed shall,
subject to the provisions of the preceding subsection, continue
to act until he is notified by the Administrator, acting in his
discretion, that the circumstances giving rise to the appoint-
ment have ceased to exist.
(6) There shall be charged on the revenues of the Colony
and paid thereout to the members of the Commission such
salary as may be prescribed by any law for the time being in force
in the Colony:
Provided that the salary of a member of the Commission
shall not be reduced during his continuance in office.
Appointment, 4. Save as otherwise provided by this Ordinance, power
etc., of public
officers. to make appointments to public offices and to dismiss and to
exercise disciplinary control over persons holding or acting in
any such offices is hereby vested in the Administrator acting after
consultation with the Commission:
Provided that-
(a) before making an appointment to the office of any
Permanent Secretary of a Ministry or Head or Deputy
Head of a Department of Government on transfer from
Public Service Commission.
another such office carrying the same salary the Admini-
strator shall also consult the Chief Minister; and
(b) before exercising any power conferred by this
section in relation to the office of the senior audit officer
(by whatever name called) of the Colony, the Administrator
shall also consult the Director-General of the Overseas
Audit Service.
5. (1) The Administrator, acting after consultation with
the Commission, may, by instrument under the Public Seal
of the Colony, direct that, subject to such conditions as may
be specified in that instrument, power to make appointments to
such offices, being offices to which this section applies, as may
be specified in that instrument and power to dismiss and power
to exercise disciplinary control over persons holding or acting
in those offices or any of those powers, shall (without prejudice
to the exercise of such powers by the Administrator acting after
consultation with the Commission) be exercisable by such one
or more members of the Commission or by such other authority
or public officer as may be so specified.
(2) The offices to which this section applies are offices in
respect of which-
(a) the Administrator has power to make appoint-
ments under the last foregoing section; and
(b) the maximum annual emoluments attaching to
the office do not for the time being exceed two thousand
four hundred dollars.
(3) The emoluments referred to in the last foregoing sub-
section include in relation to any office only such classes of
emoluments as would be taken into account, if the holder of
the office were eligible for a pension in respect of his service
in the office, in the computation of that pension under the law
governing the grant of that pension.
6. Subject to the provisions of this Ordinance, the
Administrator, acting after consultation with the Commission,
may make regulations for giving effect to the three last foregoing
sections and, without prejudice to the generality of the foregoing
power, may by such regulations provide for any of the following
matters, that is to say-
(a) the organization of the work of the Commission
and the manner in which it shall perform its functions;
Delegation of
Administrator's
powers.
Regulations
regarding
Public Service
Commission.
(CAP. 255 2163
Public Service Commission.
Exercise of
Administrator's
functions.
Reports and
statements or
other com-
munications
of the Com-
mission to be
privileged.
Protection of
members from
legal proceed-
ings.
(b) consultation by the Commission with persons or
authorities, other than members of the Commission;
(c) the appointment, tenure of office and terms of
service of staff to assist the Commission in the performance
of its functions.
7. (1) When the Administrator is directed by this Ordi-
nance to exercise any function after consultation with any person
or authority he shall not be obliged to exercise that function
in accordance with the advice of that person or authority.
(2) When the Administrator is directed by this Ordinance
to exercise any function after consultation with any person
or authority, the question whether he has so exercised that func-
tion shall not be enquired into in any court.
(3) The Administrator shall not be obliged to obtain the
advice of the Executive Council of the Colony in relation
to the exercise of any function conferred upon him by this
Ordinance which is expressed to be exercisable by him in his
discretion.
8. Except with the consent of the Administrator signified
in writing, no person shall in any legal proceedings produce
or be permitted to give secondary evidence as to the contents
or nature of any letter, statement, report or other document
or any oral information addressed, made or given-
(a) to the Commission by or on behalf of the Admini-
strator or the Head of any Government Department for
the purpose of enabling the Commission to discharge any
of their duties under this Ordinance; or
(b) by the Commission to the Administrator or the
Head of any Government Department in relation to any
matter concerning or arising out of the duties of the
Commission.
9. The Chairman and any other member of the Commis-
sion shall have such and the like protection and privileges in case
of any action or suit brought against him for any act done or
omitted to be done or words spoken in the execution of his duty
as is by law given to any Judge of the Supreme Court in the
exercise of his judicial office.
CAP. 255)
Public Service Commission.
10. Any person who otherwise than in the course of his
duty directly or indirectly by himself or by any other person
in any manner whatsoever influences or attempts to influence
any decision of the Commission or of the Chairman or of any
other member of the Commission shall be guilty of an offence
against this Ordinance and upon summary conviction shall be
liable to a fine not exceeding five hundred dollars or to imprison-
ment for a term not exceeding six months:
Provided that nothing in this section shall prohibit any
person who may properly do so from giving a certificate or
testimonial to any applicant or candidate for any public office
or from supplying any information or assistance upon formal
request by the Commission.
11. Any person who, in connection with any matter upon
which the Administrator is empowered to act after consultation
with the Commission, wilfully gives to the Commission or to any
member thereof or to any person or authority (other than the
Commission or any member thereof) with whom the Commission
may lawfully consult, any information which is false by reason
of the falsity of, *or by reason of the omission of, a material
particular, shall be guilty of an offence against this Ordinance
and upon summary conviction shall be liable to imprisonment
for a term not'exceeding six months or to a fine not exceeding
one thousand dollars.
Improper
influence.
Wilfully sup-
plying false
information to
Commission.
2165
(CAP. 255
Senior Law Officer (Powers). (CAP. 256 2167
CHAPTER 256.
SENIOR LAW OFFICER (POWERS).
(1st January, 1960.) 32/1959
1. This Ordinance may be cited as the Senior Law Short title.
Officer (Powers) Ordinance.
2. In this Ordinance the expression "the Senior Law Interpretation.
Officer" means the Senior Law Officer (by whatever name
called) of the Colony.
3. (1) The Senior Law Officer shall have power, in any Powers of
Senior Law
case in which he considers it desirable so to do- Officer.
(a) to institute and undertake criminal proceedings
against any person before any civil court constituted for
the Colony in respect of any offence against any law in
force in the Colony alleged to have been committed by that
person;
(b) to take over and continue any criminal proceed-
ings as aforesaid that have been instituted or undertaken by
any other person or authority; and
(c) to discontinue at any stage before judgment is
delivered any criminal proceedings as aforesaid instituted
or undertaken by himself or any other person or authority.
(2) The powers of the Senior Law Officer under the last
foregoing subsection may be exercised by him in person or by
officers subordinate to him acting under and in accordance with
his general or special instructions.
(3) The powers conferred upon the Senior Law Officer by
paragraphs (b) and (c) of subsection (1) shall be vested in him
to the exclusion of any other person:
Provided that where any other person or authority has
instituted criminal proceedings, nothing in this subsection shall
prevent the withdrawal of those proceedings by or at the instance
of that person or authority at any stage before the person against
Senior Law Officer (Powers).
whom the proceedings have been instituted has been charged
before the court.
(4) For the purposes of this section, any appeal from any
determination in any criminal proceedings before any court, or
any case stated or question of law reserved for the purpose of
any such proceedings, to any other court constituted for the
Colony or the Federation of The West Indies or to the Judicial
Committee of Her Majesty's Privy Council shall be deemed to
be part of those proceedings.
(5) For the avoidance of doubt it is hereby declared that
nothing in this section shall be construed as applying to any
power in relation to criminal proceedings vested in any person by
or under the Constitution of The West Indies or applying to any
criminal proceedings instituted or conducted by such a person
by virtue of any power so vested.
(6) In the exercise of the powers conferred upon him by
Cap. 171. this section and section 28 of the Constitution and Elections
Ordinance, the Senior Law Officer shall not be subject to the
direction or control of any other person or authority.
(7) There shall be charged on the revenues of the Colony
and paid thereout to the Senior Law Officer such salary as may
from time to time be prescribed by any law in force in the
Colony:
Provided that the salary of the Senior Law Officer shall not
be reduced during his continuance in office.
21-68 CAP. 256)
Treasury.
CHAPTER 257.
TREASURY.
(18th December, 1903.)
1. This Ordinance may be cited as the Treasury Ordin-
ance.
2. It shall be lawful for Her Majesty, or for the Ad-
ministrator on Her Majesty's behalf, to appoint an Accountant-
General and such other officers of the Treasury department as
may from time to time be necessary.
3. All moneys payable to Her Majesty by virtue of any
Act or Ordinance passed, or to be passed, the appropriation
and application of which is not otherwise directed, shall be paid
to the Accountant-General for the use of the Colony.
4. The persons appointed under this Ordinance shall be
the Treasury Officers of the Colony.
15/1903
4/1937
8/1953
17/1954
S.R.O. 30/1961
Short title.
Appointment of
Accountant-
General and
officers.
Certain moneys
to be paid into
the Treasury.
Treasury
Officers.
(CAP. 257
2169
The Treasury Regulations (After Hours Work). (CAP. 258
CHAPTER 258.
THE TREASURY REGULATIONS (AFTER HOURS
WORK).
(14th April, 1928.) 4/1928
1. This Ordinance may be cited as the Treasury Regula- Short title.
tions (After Hours Work) Ordinance.
2. (1) It shall be lawful for the Administrator-in-Council Power to
make regula-
to make regulations for the entering and clearing of any vessel, tions.
and the landing and shipment of passengers and cargo, before or
after the usual office hours, including the payment of fees and
charges in connection therewith.
(2) Every such regulation shall be laid before the Legislative
Council and shall be published in the Gazette.
2171
Treasury Reorganization.
CHAPTER 259.
TREASURY REORGANIZATION.
(23rd November, 1953.)
1. This Ordinance may be cited as the Treasury Re-
organization Ordinance.
2. The office of Treasurer of the Colony is hereby
abolished.
3. (1) There shall be established a department of Cus-
toms, Excise and Port.
(2) It shall be lawful for the Administrator from time to
time to appoint a Collector of Customs of the Colony, and such
other officers of the department of Customs, Excise and Port as
may from time to time be necessary.
(3) The Collector of Customs shall be charged with the
administration of the department of Customs, Excise and Port
and may, with the approval of the Administrator in Council,
make rules for the government of the said department.
4. Every right, power, privilege, immunity or duty which
immediately before the commencement of this Ordinance was or
was capable of being exercised, enjoyed, or performed by the
Treasurer by virtue of any instrument having the force of law
in the Colony, not being an Ordinance enacted by the Legisla-
ture of the Colony, shall, from and after the commencement of
this Ordinance in relation to the Colony be exercised, enjoyed
and performed by the Accountant-General.
5. (1) Except as may otherwise be provided in any order
under section 6, every right, power, privilege, immunity or duty
which immediately before the commencement of this Ordinance
was or was capable of being or was required to be exercised,
enjoyed or performed by the Treasurer pursuant to any Ordi-
8/1953
S.R.O. 30/1961
Short title.
Abolition of
office of
Treasurer.
Department of
Customs,
Excise and
Port.
Rights, etc.,
previously
exercised by
Treasurer to
be exercised by
Accountant-
General.
Transfer of
powers of
Treasurer
to Accountant-
General.
(CAP. 259
2173
2174 'CAP. 259)
Treasury Reorganization.
nance enacted by the Legislature of the Colony shall, from and
after the commencement of this Ordinance, be exercised, en-
joyed and performed by the Accountant-General.
(2) Subject to the provisions of subsection (2) of section 6,
there shall be substituted for every reference to the Treasurer
in any Ordinance in force at the commencement of this Ordi-
nance a reference to the Accountant-General.
6. (1) Subject to the provisions of section 4, the Adminis-
trator in Council may from time to time by order direct that
any rights, powers, privileges, immunities or duties which imme-
diately before the commencement of this Ordinance were or
were capable of being or were required to be exercised, enjoyed
or performed by the Treasurer (whether pursuant to any instru-
ment having the force of law in the Colony or otherwise)
shall, with effect from such day as may be specified in such order,
be exercised, enjoyed and performed by the Accountant-General
or by the Collector of Customs whichever may be specified in
such order.
(2) Where any order under subsection (1) relates to any
rights, powers, privileges, immunities or duties conferred or
imposed by any Ordinance there shall be substituted for
references in such Ordinance to the Treasurer references to the
Accountant-General or to the Collector of Customs whichever
may be appropriate to bring such Ordinance into conformity
with such order.
Power to
allocate duties
formerly
performed by
Treasurer
between
Accountant-
General and
Collector of
Customs.
TITLE XXX.
PUBLIC REVENUE.
CHAPTER PAGE
260 BILLS OF HEALTH (Fees) ... ... ... ... 2177
261 CITY RATE ... ... ... ... ... ... 2179
262 COTTON EXPORT LEVY ... ... ... ... 2185
263 COURTS OF JUSTICE FEES ... ... ... ... 2187
264 ENTERTAINMENTS DUTY ... ... ... ... 2189
265 EXPORT DUTY ... ... ... ... ... 2195
266 INCOME TAX ... ... ... ... ... 2199
267 LAND TAX ... ... ... ... ... ... 2259
268 LICENSING (Intoxicating Liquor) ... ... ... 2265
269 PORTERS, WATERMEN AND BOATS LICENSING ... 2305
270 STAMPS ... ... ... ... ... ... 2317
271 TOBACCO DuTY ... ... ... ... ... 2359
272 TONNAGE DUTIES ... ... ... ... ... 2363
273 TRADE LICENCES ... ... ... ... ... 2369
274 TRADE AND REVENUE ... ... ... ... 2377
Bills of Health (Fees). (CAP. 260 2177
CHAPTER 260.
BILLS OF HEALTH (FEES).
9/1907.
(25th November, 1907.) 4/1939.
1. This Ordinance may be cited as the Bills of Health Short title.
(Fees) Ordinance.
2. The Harbour Master, or such other officer as the Fees payable
Administrator shall appoint to issue Bills of Health, shall be Health.
and is hereby authorized to demand and receive for each Bill
of Health issued by him the fees following, and such fees shall
be paid into the Public Treasury to the credit of the general
revenue of the Colony-
For Bills of Health issued to ships of 50 tons
burthen and upwards ... ... ... 96 cents
For Bills of Health issued to ships of under 50
tons burthen, other than ships herein-
after exempted ... ... ... ... 48 cents
For Bills of Health issued to aircraft ... 96 cents
3. No fees shall be paid in respect of the issue of a Bill Exemptions.
of Health to-
(a) a ship of less than 25 tons burthen registered in
any Colony of the Leeward Islands;
(b) vessels of Her Majesty's Navy or of any foreign
Navy;
(c) aircraft belonging to Her Majesty or to any
foreign state.
City Rate.
(CAP. 261
CHAPTER 261.
CITY RATE.
(9th July, 1907.)
1. This Ordinance may be cited as the City Rate Ordi-
nance.
2. In this Ordinance-
"Board" means the Central Board of Health established
under the Public Health Ordinance;
"city" means the city of Saint John as defined in the Third
Schedule;
"owner" includes any person for the time being entitled
to the rents and profits of any land in the city, the
tenant or occupier of any such land and any other
person in charge or having the control or possession
thereof;
"secretary" means the secretary to the Board.
3. The Administrator in Council may by order extend,
alter or vary the Third Schedule.
4. (1) The Board shall, in or before the month of
February in every year, cause to be prepared an assessment list,
according to the form contained in the First Schedule, of all
lots of land in the city and of the names of the owners or attor-
neys of the owners, or, if the owners are not known, of the
tenants and occupiers, and of the annual value of such lots of
land.
(2) The value of any lot of land shall, for the purposes of
this Ordinance, be deemed to be the amount of rent which
would be obtained from the property, if let at its full value,
such amount not being less than the amount of rent actually
payable.
2179
7/1907.
14/1919.
15/1928.
10/1929.
7/1934.
18/1936.
38/1956.
12/1958.
Short title.
Interpretation.
Cap. 236.
Third Schedule.
Power to
vary Third
Schedule.
Preparation
of assessment
list.
First Schedule.
2180 CAP. 261)
(3) In estimating the value of any lot of land, every
dwelling thereon, whether movable or not, shall, for the pur-
poses of valuation, be deemed to form part of the said lot and
to belong to the owner of the land on which such dwelling
stands :
Provided that in cases where any house in the opinion of
the Board is and remains unoccupied by reason of disrepair
the assessment shall be made on the value of the land only
as though the same were unburdened by that house:
Provided also that where any house being upon any land
assessed under the first proviso to this subsection is subsequently
occupied the Board shall forthwith serve a notice of reassess-
ment upon the owner thereof and shall fix the same rate there-
on as upon the first assessment and shall publish the same as
provided in section 7, and any objections to the reassessment
shall be heard and determined as provided in section 8.
Revision of 5. (1) The assessment list when made shall be submitted
to the Board and the Board shall have power, subject to the
approval of the Administrator in Council, to correct and revise
the same.
(2) The Board shall on or before the fifteenth day of
March in every year submit the assessment list with the correc-
tions and revisions (if any) for the approval of the Administrator
in Council.
Amount and 6. (1) The Board shall, subject to the approval of the
incidence of Administrator in Council, fix a rate upon the assessed annual
value of all lots of land in such assessment list, and such rate
shall be annually paid by the owners and attorneys of the
owners.
(2) The following properties shall be exempt from the city
rate imposed by this Ordinance, that is to say-
(a) Government property;
(b) land and buildings occupied solely as churches,
chapels and places of public worship of any religious de-
nomination and residences of ministers of religion;
(c) school houses, offices and playgrounds of any
school which is attended by not less than ten pupils; and
(d) masonic and other lodges including friendly
societies.
City Rate.
(CAP. 261 2181
(3) The power conferred by this section upon the Board
(subject in the exercise thereof to the approval of the Adminis-
trator in Council) to fix a rate upon the assessed annual value
of all lots of land in the assessment list, shall be deemed to in-
clude the power (subject in the exercise thereof to the like
approval) to divide up such lots of land into such classes as the
Board may think fit according to their assessed annual values,
and to fix a different rate upon the lots of land comprised within
each class.
(4) The Board shall on or before the fifteenth day of
March in every year submit such rates for the approval of the
Administrator in Council.
7. When the assessment list has been corrected and Publication of
list and rate.
revised by the Board as provided in section 5 and the annual
rate to be paid has been fixed as provided in subsection (1) of
section 6, the Board shall cause a copy of the same to be posted,
for ten days at least, on the outer doors of the Treasury and the
office of the Board, and at such other places as the Administra-
tor in Council may direct.
8. (1) After the publication of such list any person who Objections to
objects to any assessment in such list shall lodge his objection
in writing with the Secretary within fourteen days after such
publication.
(2) All such objections shall be laid before the Board who
may appoint appraisers to decide upon such objections at such
remuneration as shall be fixed by the Board. Such appraisers
shall not be chosen from amongst any of the Board's permanent
officers.
(3) The appraisers shall, after inspection of the premises,
estimate the annual value of any lot of land in respect of which
an objection has been made and their decision shall be final.
9. (1) After all objections have been disposed of the Alteration of
Secretary shall forthwith prepare a list of the alterations made
in the original lists in consequence of any objections.
(2) The list of alterations shall be published in the same
manner as the original list.
(3) The assessment of any lot of land as entered in the
original list or in the list of alterations, as the case may be, shall
be deemed to be its value for the purposes of rating during the
year.
City Rate.
2182 CAP. 261) City Rate.
Notice of 10. The Secretary shall, on or before the first day of
alterations. June in each year notify in the Gazette that a copy of the
original list and a copy of the list of alterations (if any) may be
seen at his office, and that the rates due thereunder must be
paid on or before the date fixed by section 11, or at such other
date or dates as may be notified by him.
Time for pay- 11. All rates payable hereunder in respect of lots of land
ment of rate. shall be paid into the Treasury on or before the first day of
July in each year or at such other date or dates as may be
specified in any by-law of the Board, and shall be a charge
thereon prior to all mortgages, liens and other charges, except
debts due to the Crown:
Provided that no preferential charge shall exist in respect
of any rate beyond the termination of the year succeeding that
in which the rate became due.
Remission of 12. (1) The Board may, with the approval of the Ad-
rate. ministrator in Council, remit, wholly or in part, any rate on
the ground of poverty of any person, or that the property in
respect of which the rate is payable has become deteriorated or
is used exclusively for charitable purposes, or for any other
reason of which the Administrator in Council may approve.
Payment of 13. Any tenant or occupier of any property in respect
occupier, of which a rate is due, may, on payment of such rate, whether
after execution or not, deduct the amount paid from any rent
which may then be due, or may thereafter become payable
from him to his landlord in respect of such property; and,
in the event of any action being brought by the owner of any
such property for the recovery of rent from any such tenant or
occupier, the Court before which such action is brought shall
allow to such tenant or occupier the amount so paid.
Issue of 14. If any sum assessed as city rate shall remain unpaid,
warrant to
levyantto the Chairman of the Board shall, within ten days after the
expiration of sixty days from the date on which the same be-
came payable (during which ten days no defaulter's rates
Second shall be accepted), issue a warrant under his hand and seal in
Schedule. the form contained in the Second Schedule, directed to the
Provost-Marshal, setting out in the same or in a schedule there-
to the several sums due on account of such tax from the persons
against whom the warrant is directed, and the premises in
(CAP. 261 2183
respect of which such sums have become due, authorizing and
commanding him to levy the sums so set out as aforesaid on
the goods and chattels, lands, tenements and hereditaments of
the owner of the said premises.
15. Immediately on the receipt of such warrant as
aforesaid, the Provost-Marshal shall proceed to levy upon the
goods and chattels, lands, tenements and hereditaments of the
owner of such premises and shall immediately proceed to give
notice in the Gazette, and also in such other manner and form
(if any) as the Administrator may from time to time direct
of his intention to sell the same at the time and in the manner
following, that is to say, in the case of goods and chattels, after
the expiration of ten days, and, in the case of lands, tenements,
and hereditaments after the expiration of thirty days from the
date of such notice being published; and, on the day appointed,
shall proceed to sell the same unless the sum due and expenses
shall have been sooner paid, and shall pay the sum or sums
directed to be levied into the Treasury and shall return the
overplus (if any) to the person entitled thereto; and the Provost-
Marshal shall convey to the purchaser all the right, tide, and
interest of the person described as the owner in and to all lands,
tenements, and hereditaments so sold.
16. It shall be lawful for the Provost-Marshal to charge a
poundage of two and half per centum over and above the
other expenses of the levy and sale on the net proceeds of any
sale under this Ordinance.
FIRST SCHEDULE. S.4
ANTIGUA.
List of houses and lots of land assessed for rate under section 4
of the City Rate Ordinance.
Description of Property Name
Assessed Amount of
Whether Owner Annual Rate for
Street No. Lot of Land or Attorney, or Value Year
Tenant or
Occupier
Proceedings on
warrant.
Poundage
charge.
City Rate.
2184 CAP. 261) City Rate.
SECOND SCHEDULE. S. 14.
WARRANT TO LEVY.
ANTIGUA.
To the Provost-Marshal of the Island of Antigua or his lawful
deputy, Greeting.
Whereas the several persons whose names are hereto annexed
have been returned to our office as having failed to pay the several
sums in which they were assessed and charged pursuant to the
provisions of the City Rate Ordinance, which said sums and the
premises in respect of which the same are assessed and charged are
set opposite to their respective names in the Schedule hereto: The
Board do, therefore, require you forthwith to levy the several sums
of the goods, chattels, moneys, lands, tenements, hereditaments,
rents, charges, and annuities belonging to and debts due to the
several persons whose names are hereto attached in the manner
directed and approved by the City Rate Ordinance. And of your
proceedings herein you are to make a return into the Treasury of
the said Island of Antigua within ninety days after the date thereof.
Given under my hand and seal this day of
19 and in the year of Her Majesty's Reign.
THIRD SCHEDULE S. 2.
On the north by a line parallel to and one quarter of a mile in
a northerly direction distant from a line drawn from the north-
east corner of the causeway leading to Rat Island (the Citadel),
continued eastward along the north bank of the main drain in
Dickenson's Bay Street until it meets the eastern boundary.
On the east by a line drawn along the eastern boundary of the
former pauper cemetery and produced northwards and southwards
until it meets the northern and southern boundaries;
On the south by a line drawn along the north side of the
public road between the Valley Road and Grays Farm Village and
produced to meet the eastern and western boundaries;
On the west by the east side of the portion of road immediately
to the east of Grays Farm Village and running between the public
road and the Harbour and otherwise by the Harbour of St. John's
but excluding Rat Island (the Citadel) and Rat Island (the Citadel)
causeway; as defined by concrete piers built into the ground.
Cotton Export Levy.
(CAP. 262 2185
CHAPTER 262.
COTTON EXPORT LEVY.
(15th September, 1933.)
1. This Ordinance may be cited as the Cotton Export
Levy Ordinance.
2. In this Ordinance-
"cotton" means clean cotton lint;
"exporter" includes shipper (and in the case of a steam-
ship, the owner or agent of such vessel) or exporter
of cotton.
3. There shall be imposed a levy upon all cotton exported
from the Colony at such rate as the Administrator in Council
shall prescribe, not exceeding two cents per pound.
4. (1) The proceeds of the levy shall be paid into the
Treasury on the export from the Colony of cotton.
(2) The levy shall be paid by the exporter.
5. The exporter shall deliver to the Collector of Customs
a declaration containing particulars as regards weight or quantity
of every shipment made by him, on the form duly provided by
the Collector of Customs for this purpose.
6. The Collector of Customs shall deposit all proceeds
of the levy in a separate account, and pay therefrom such sums
as the Administrator in Council may, from time to time, direct
to be paid towards the formation and other expenses of the West
Indian Cotton Growers Association or the Antigua Cotton
Growers Association.
7. (1) Any person who makes a declaration required to
be made by this Ordinance knowing the same to be false in any
material particular shall be liable on summary conviction to a
9/1933
8/1937
16/1956
Short title.
Interpretation.
Power to
impose levy.
Payment of
levy on export.
Declaration.
Disposal of
proceeds of
levy.
Penalties.
2186 CAP. 262) Cotton Export Levy.
fine not exceeding two hundred and forty dollars or to imprison-
ment with or without hard labour for a period not exceeding six
months.
(2) Any person who neglects or refuses to deliver, within
seven days after the day of exportation, the declaration required
to be delivered by this Ordinance shall be liable on summary
conviction to a fine not exceeding twenty-four dollars.
(3) If any levy imposed by virtue of this Ordinance is not
paid within seven days after the day of exportation a sum equal
to ten per centum of the amount of the levy shall be added
thereto and the levy and such sum may be sued for in a
Court of competent jurisdiction, and recovered with costs of
suit from the exporter as a debt due to the Collector of Customs
of the Colony.
Courts of Justice Fees.
(CAP. 263 2187
CHAPTER 263.
COURTS OF JUSTICE FEES.
(29th July, 1880.)
1. This Act may be cited as the Courts of Justice Fees
Act.
2. The Administrator in Council may, by order, fix
the fees and percentages (including the percentage on estates
of lunatics) to be taken in the Supreme Court, or in any Court
of Justice in this Colony, civil or criminal, or in any Court
created by any Commission, or in any office which is connected
with any of those Courts, or in which any business connected
with any of those Courts is conducted, or by any officer, paid
wholly or partly out of public moneys, who is attached to any
of those Courts, or to the office of Registrar of Deeds, and may
by order, increase, reduce, or abolish all or any of such fees
and percentages, and appoint new fees and percentages to be
taken in the said Courts or offices, or any of them, or by any
such officer as aforesaid.
3. Any order made in pursuance of this Act shall be
binding on all Courts, offices, and officers to which it refers,
in the same manner as if it had been enacted by the Legislative
Council.
4. All such fees and percentages shall be paid into the
Treasury.
5. It shall be lawful for the Administrator in Council,
by notice, in the form given in the Schedule, to declare and direct
that, from and after the time specified in such notice, all and
any of such fees for the time being payable in money shall be
taken by means of stamps; and, from and after the time specified
in any such notice, the fees therein mentioned shall be received
by stamps denoting the amounts payable, and not in money.
6/1880.
11/1932.
S.R.O. 22/1956.
Short title.
Fixing fees
payable in
Courts of Jus-
tice, &c.
Order to be
binding on all
Courts, &c.
Payment into
the Treasury.
Fees to be
taken in
stamps.
Schedule.
Courts of Justice Fees.
Stamps to be
impressed or
adhesive.
Rules.
Unstamped
documents not
evidence.
Accounts of
stamps.
Penalty for
forgery.
Order may
abolish exist-
ing fees.
6. Such stamps shall be impressed, or adhesive, and shall
only be distributed by the Accountant-General and such other
Government officers as the Administrator in Council may direct.
7. The Administrator in Council may make rules for
publishing the amount of the fees and regulating the use of such
stamps, and particularly for prescribing the application thereof
to documents in use or required to be used for the purposes of
such stamps, and for insuring the proper cancellation of stamps,
and for keeping accounts of such stamps and for the allowancing
for spoiled or misused stamps.
8. Any document which ought to bear a stamp in pur-
suance of this Act, or any rule or order made thereunder, shall
not be received, filed, used, or admissible in evidence, except
in criminal trials or inquiries, unless and until it is properly
stamped within the time prescribed by the rules under this Act
regulating the use of stamps, but if any such document is, through
mistake .or inadvertence, received, filed, or used without being
properly stamped, the Court may, if it think fit, order that the
same be stamped on the payment of a penalty, or otherwise,
as in such order may be directed.
9. An account of all money received in respect of stamps
under this Act shall be kept in the Treasury.
10. Any person who forges any such stamp shall be liable
to be imprisoned, with or without hard labour, for any term not
exceeding seven years.
11. An order under this Act may abolish any existing
fees and percentages which may be taken in the said Courts or
offices, or any of them, or by the said officers, or any of them;
but, subject to the provisions of any order made in pursuance
of this Act, the existing fees and percentages shall continue to
be taken, applied, and accounted for in the existing manner.
SCHEDULE. S. 5.
NOTICE UNDER THE COURTS OF JUSTICE FEES ACT.
The Administrator in Council, in pursuance of the provisions
of this Act, hereby declares and directs that, from and after the
day of the fees for the time being,
payable (here insert the nature of the fees) shall be taken in stamps.
2188
CAP. 263)
(CAP. 264 2189
CHAPTER 264.
ENTERTAINMENTS DUTY.
14/1948.
(23rd December, 1948.) 11/1955.
1. This Ordiqance may be cited as the Entertainments Short title.
Duty Ordinance.
2. In this Ordinance- Interpretation.
"Accountant-General" includes the officer for the time
being performing the duties of Accountant-General of
the Colony and any Treasury or other Government
officer duly authorized in writing by the Accountant-
General to act on his behalf;
"entertainment" means any exhibition by means of muto-
scope, cinematograph, including sound films, or other
similar apparatus and includes circus, conjuror's enter-
tainment, and any horse race, to any of which persons
are admitted for payment and any other exhibition,
performance or amusement which the Administrator
in Council may by virtue of the provisions of section 9,
by order, so declare, but does not include-
(a) variety entertainments;
(b) concerts; and
(c) theatrical performances.
"admission to an entertainment" includes admission to
any place in which the entertainment is held;
"lottery ticket" means a ticket issued in respect of any
lottery, sweepstake, parimutuel or pool betting organ-
ized and controlled by a turf club in the Colony ap-
proved as provided in subsection (8) of section 27 of
the Small Charges Act; Cap. 77.
"payment for admission" includes any payment made by
any person who, having been admitted to one part of
the place of entertainment is subsequently admitted to
another part thereof for admission to which a payment
is required;
Entertainments Duty.
2190 CAP. 264) Entertainments Duty.
"proprietor" in relation to any entertainment includes any
person responsible for the management thereof;
"public dance" means a dance to which the public is ad-
mitted for money or other payment or reward.
Rate of duty. 3. There shall be charged, levied and paid to the use of
Her Majesty in and for the general revenue of the Colony a
Schedule. duty (hereinafter referred to as entertainment duty) at the rates
specified in the Schedule-
(a) on every ticket issued to any person on payment
for admission to any entertainment;
(b) for every person admitted for payment to any
entertainment in cases where no tickets are issued;
(c) on every lottery ticket;
(d) for every public dance.
Provisions as 4. (1) No person shall be admitted for payment to any
to admission. entertainment subject to entertainment duty except with a ticket
supplied by the Accountant-General and stamped with a stamp
(not before used) or impressed with a die indicating that the
correct amount of entertainment duty has been paid:
Provided that the Accountant-General may grant permis-
sion in writing subject to such conditions as he may attach to
the proprietor of any such entertainment either-
(i) to admit persons to any such entertainment with
tickets other than those supplied by the Account-
ant-General but duly stamped with a stamp (not
before used) or impressed with a die indicating
that the correct amount of entertainment duty
has been paid, or
(ii) to furnish returns to the Accountant-General
of all payments for admission to any such enter-
tainment, security for the payment of duty to an
amount and in a manner approved by the
Accountant-General having been first given by the
proprietor of the entertainment.
Penalty. (2) If any person is admitted for payment to any entertain-
ment and the provisions of the preceding subsection are not com-
plied with, the proprietor of the entertainment shall be guilty
(CAP. 264 2191
of an offence against this Ordinance and shall on summary con-
viction be liable in respect of each offence to a penalty not ex-
ceeding one hundred dollars, and shall in addition be liable to
pay double the entertainment duty which should have been paid.
5. (1) Entertainment duty shall be charged as regards
entertainments in respect of each person admitted for payment
and in the case of admission by ticket shall be paid by means of
a stamp (not before used) stamped on the ticket or impressed
thereon with a die as provided for in subsection (1) of section 4.
(2) Entertainment duty, in the case of admission other-
wise than by stamped ticket, shall be calculated and paid on the
number of persons admitted and shall be recoverable from
the proprietor and may, without prejudice to any other means
of recovery, be recovered by the Accountant-General as a civil
debt.
6. (1) No person shall issue or sell any lottery ticket unless
the ticket has been stamped by the Accountant-General with
a stamp (not before used) or impressed with a die indicating
the amount of duty paid thereon.
(2) Any person who issues or sells any lottery ticket in con-
travention of the provisions of subsection (1) shall be guilty of an
offence against this Ordinance and shall on summary convic-
tion be liable to a penalty not exceeding twenty-five dollars in
respect of every contravention.
7. (1) No public dance shall be kept or held in any house
or place by any person without such person having first paid
to the Accountant-General the duty prescribed in the Schedule
and having obtained from a Magistrate the licence prescribed
by subsection (1) of section 15 of the Small Charges Act.
(2) Any person who keeps or holds a public dance in any
house or place in contravention of the provisions of subsection
(1) shall be guilty of an offence against this Ordinance and shall
on summary conviction be liable to a penalty not exceeding
twenty-five dollars.
Duty how
charged and
recovered.
Lottery ticket
to be stamped
with amount
of duty.
Licence and
duty in respect
of public
dances.
Schedule.
Cap. 77.
Entertainments Duty.
Entertainments Duty.
Exemptions.
Power to
declare other
entertainments
to be within the
meaning of
Ordinance, and
to alter rates
of duty.
Power of
entry.
Regulations.
8. The Administrator may, upon it being proved to his
satisfaction-
(a) that the net proceeds of any entertainment or pub-
lic dance are to be devoted to philanthropic or charitable
purposes; or
(b) that the entertainment is of a wholly educational
character; or
(c) that the entertainment is intended for the amuse-
ment of children;
remit the duty or any part thereof payable in respect of every
person admitted to such entertainment or in respect of such
public dance.
9. The Administrator in Council may from time to time
by order published in the Gazette declare that any other type
of entertainment, performance or amusement held or to be held
in the Colony shall be deemed to be an entertainment within
the meaning of this Ordinance, and may by a similar order
increase, reduce, abolish or otherwise alter the duty payable
under this Ordinance in respect of admission to any entertain-
ment or in respect of any public dance or lottery ticket.
10. (1) Any police officer may at any time enter any
place-
(a) of entertainment while the entertainment is pro-
ceeding; or
(b) wherein a public dance is being held; or
(c) ordinarily used as a place of entertainment
with a view to seeing whether the provisions of this Ordinance
or any regulations made thereunder are being complied with.
(2) Any person who prevents or obstructs the entry of such
police officer shall be guilty of an offence against this Ordinance
and shall on summary conviction be liable to a penalty not ex-
ceeding one hundred dollars.
11. (1) The Administrator in Council may make regula-
tions for securing the payment of the entertainment duty pre-
scribed by this Ordinance and generally for carrying the pro-
visions of this Ordinance into effect and in particular-
(a) for the supply and use of stamps, or dies, or
2192
CAP. 264)
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