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SAINT VINCENT
GOVERNMENT GAZETTE
Published by Authoritq.
VoL. 89.] SAINT VINCE iL'. TUESDAY, 24 JANUARY. 1956. [No. p.
GOVERNMENT NOTICES.
No. 30.
DEPARTURE OF GOVERNOR.
With reference to Government Notice No. 17 of 16th January, 1956, His
Excellency Mr. COLVILLE MONTGOMERY DEVERELL, C.M.G., C.V.O., O.B.E.,
Governor and Commander-in-Chief of the Windward Islands, accompanied by
Mrs. Deverell, left by air to-day at 3 p.m. for St. Lucia for an official visit of
about 10 days.
(A. 2/1950 In.)
24th January, 1956.
No. 31. Until farther notice the duties of
APPOINTMENTS. Chief Pubric Assistance Officer will be
performed by. Mr. C. G. HUGGINS,
PUBLIC ASSISTANCE BOARD. Labour Commissioner, in conjunction
with the duties of his substantive post.
Under the provisions of Section 5 of 24th January, 1956.
the Public Assistance Ordinance (No. 31 (D. 1/1951).
of 1950), the following persons have
been appointed members of the Pub-
lic Assistance Board for a period of No. 32..
one year with effect from 1st January, LIQUOR LICENSING BOARDS.
1956:-
The Chief Public Assistance Officer, In accordance with the provisions of
(Chairman) Section 5 of the Liquor License Ordin-
The Honourable H. F. YOUNG. ance No. 11 of 1948, the following per-
,, ,, G. H. CHARLES, sons have been appointed as members of
., S. E. SLATER, the several Liquor Licensing Boards for
L. C. LATHAM. a period of one year with effect from 1st
R. T. SAMUEL, Esq., .Janumary, 1956 :-
Mrs. R. M. CATO,
Mrs. J. H. D. Cox, Parishes of St. George and
Mrs. J. D. oxAn
H. A. DAVIS, Esq. O.B.E., St. Andrew.
G. A. MCINTOSH, Esq., The Magistrate of the District,
The Public Assistance Officer, F. H. SCOTT, Esq.,
(Secretary) H. A. DAVIS. Esq., O.B.E.
600-Fi 1P
20 SAINT VINCENT, TUESDAY, 24 JANUARY, 1956.-(No. 6).
Charlotte Parish.
The Magistrate of the District,
J. DODRIDGE WOODS, Esq., J.P.
LAWRENCE T. JACKSON, Esq.. J.P.
Parish of St. David.
The Magistrate of the District,
ANDREW CUMMINGS, Esq.,
J. TUCKER, Esq.
Parish of St Patrick.
The Magistrate of the District,
The Headteacher, Barrouallie Angli-
can School,
The Revenue Officer, Barrouallie.
The Grenadines.
The Magistrate of the District,
DAWSON WALLACE, Esq.,
The Headteacher, Bequia Anglican
School.
24th January, 1956.
(J. 1011948).
No. 33.
PRISON VISITING COMMITTEE.
The following persons have been
appointed members of the above Com-
mittee for the year 1956 under the
provisions of Rule 3 of the St. Vincent
Prison Rules, 1945 (S.R. & 0 No. 39 of
1945):-
N. A. BERRIDGE, Esq.,
(Visiting Justice).
G. A. MCINTOSH, Esq.,
H. A. DAVIS, Esq, O.B.E.,
R. T. SAMUEL, Esq.,
Rev. J. B. BROOMS,
V. D. ARCHER, Esq.,
Mrs. 0. SELLING,
.The Public Assistance & Probation
0 fficer-Secretary.
24th January, 1956.
(J. 19/1943).
No. 34.
BARROUALLIE TOWN BOARD.
Mr. G. M. SAWDY has resigned as a
1aminatyd Member of the Barrouallie
Town Board with effect from 1st Jan-
uary, 1956.
Mr. REGINALD ASH has been appoint-
ed as a Nomipated Member to fil the
vacancy on ,the Board created by Mr.
SANDY'. rehsia4ion. with effect from
20th January, 1956.
24th Jtuppry, 1956.
(A. 8/1940).
No. 35.
VACATION LEAVE.
Miss ENA MORRIS, Acting Ward Sis-
ter, Colonial Hospital, has been granted
six (6) months Vacation Leave with
effect from 15th January, 1956.
24th January, 1956.
(P.F. 801)
No. 36.
REGIONAL ECONOMIC COMMITTEE
OF THE BRITISH WEST INDIES,
BRITISH GUIANA, AND BRITISH
HONDURAS.
The Regional Economic Committee
invites applications for the following
post :
DIRECTOR OF THE BRITISH CARIB-
BEAN STUDENTS UNIT IN THE UNITED
KINGDOM
at an annual salary in the scale $5,760 x
$240-$7.200 B.W.I.
2. The post does not at present carry
pension or superannuation rights. The
appointment will be for a period of
three years in the first instance.
3. Candidates should preferably be
University graduates with ada-itiistra-
tive experience and with experience of
university life in the United Kingdon,.
Preference will be given to British
West Indians.
4. The duties of the post include
Ihhe administration of Government
scholarships, placing of students in non-
university courses i.e. with firms, poly-
technics and technical colleges, and the
maintenance of personal contact with
and the general welfare of British
Caribbean students in the United King-
gom. The officer will be under the
general control and supervision of the
Trade Comnmissioner for the Hritish
West Indies, British Gniana, and British
Honduras in the United Kingdom.
5. Applications furnis ing full de-
tails of candidate's education, special
qualifications and experience. together
with supporting documents and names
of two referees, should be addressed: to
the Trade Oommissioner for the British
West Indies, Briti h Guiana and British
Honduras iii the United Kingdom, 33
Kingsway, Londop, W.C. 2, to reach
him by 15th Febrtw'y, 195&.
6. The Committee reserves, the rgbht
to fill the post by invitation if Hio qit-
able application is received.
24th January, 1955.
SAINT VINCENT, TUESDAY, 24 JANUARY, 1956.-(INo. 6). 21
No. 37.
OFFICIAL ATTESTORS.
The following list of Official Attestors for the Colony of St. Vincent under
the Illiterates Protection Ordinance it p1ublishii for gem ral in formation :-
Name. Address.
Anderson, R. M., M.B.E. ... Kingstown
Boers, Revd. Fr. William, O.S.BH....
Bonadie, Ormond, Agricultural Instructor ... Glen
Broomes, Revd. J. B. ... Kingstown
Clarke, Revd. E. St.C. ... Georgetown
Connell, S. C., %M.B.E. ... Kingstown
Daniel. U. W. ... Owia
Dunn, Revd. J:imes R. E. ... Georgetown
Dnrrant, V. H., Assistant Supenintendent of Boads ... Kingstown
Fowkes, Revd. R. ... Chateaubelair
Ganteauna,. R-vd. Fr. Placid, O.S.B., V.G. ... Kingstown
Harbottbl, Revi. Peter ... Bequia
Harry, Theophilus ... Tronmiaca
Hatch, Revd. George Andrew ... Kingstown
Jones, Revd. Fr. F. B., B.A. ... Layou
Lewis. Revd. G. W. ... Biabou
Lomax. Revd. R. ... Mt. Coke
Mason, Revd. Desmond G. ... Kingstown
Montromery, Revd. P. J. C. H. R. ... Kingstown
Maxwell. Archdeacon, R. S., M.A.. B.Sc. ... Kingstown
McConnie, H. S., B.Sc. ... Kingstown
McIntosh, G. A. ... Kingstown
Ogden, Revd. Francis G. ... Calliaqua
Pizey, Revd. E. J. ... Kingstown
Robertson, Archibald ... Troumaca
Russell, Revd. David Edward ... Kingstown
Shapley, The Rt. Revd. Ronald Norman, M.C., A.K.C. Kingstown
Slof, Revd. Fr. Ephraim, O.S.B. ... Kingstown
Smartt, Revd. F. A. ... Barronallie
Vanloo, Robert. Agricultural Officer ... Kingstown
Young, T. V., Probation Oficer ... Kingstown
Under Section 4 of the Ordinance, Members of the Exeuntive Council
Members of the Legislative Council, Police Magistrates, Justices of the Peace,
the Registrar of the Supreme Court andi Medical Officers are Official Attestors
ex-officio.
24th January, 1956.
(A. 51948).
No. 38.
TEMPORARY REMOVAL OF
GOVERNMENT OFFICE.
It is notified for general information
that the offices of the Administration at
present housed in the building known
as Government Office will be trans-
ferred temporarily to the upper storey
of the new Administrative block of
buildings on Halifax Street, in Kings-
town, on the 25th January, 1956. All
public business will be transacted at the
new premises from Thursday 26th Jan-
nary, 195S.
The occupation of the new temporary
quarters is expected to last until the
18th March. 1956.
i4tb January. 1956.
(P. 4111944).
No. 39.
LEGISLATION.
The under-mentioned Ordinances
which have been assented to by His
Excellency the Governor are published
for general information with this iaUie
of the Gazette :-
No. 17 of 1955.-An Ordinance to
repeal and replace the Central
Water Distribution Authority
Ordinance, 1950.T
(J. 2/1950).
No. 18 of 1955.-An Ordinance to
amend the Summary Conviction
Offences Ordinance (Cap. 14) and
to make further provision for the
prevention of Praedial Larceny.
(J. 31/1948).
24th January. 1956.
22 SAINT VINCENT, TUESDAY, 24 JANUARY, 1955.-(No. 6).
No. 40.
The under-mentioned Bills are pub-
lished with this issue of the Gazette and
may be seen at the Government Office,
Kingstown Library. District Post Offices,
Police Stations, and at all Revenue
Offices:-
Bill for an Ordinance
amend the Excise
(Cap. 188).
further to
Ordinance
Bill for an Ordinance to ratify the
Agreement of the First day of
November, 1954, entered into
between the Governments of
Certain Caribbean Territories
and the West Indies Navigation
Company Limited.
(8. 15/4945 II).
Bill for an Ordinance to amend the
Jury Ordinanee, 1938.
(J 96/1948).
Bill for an Ordinance further to
amend the Sugar Export Cess
Ordinance, 1948.
(F. 1611949).
24th January, 1956.
No. 29.
BEQUIA DISTRICT COUNCIL.
BYE-ELECTION.
In consequence of the resignation
from the Bequia District Council of an
elected Member, Mr. Japheth Hazell, a
Bye-Election has become necessary, and
under the provisions of Section 6 (1) of
the Local Government Ordinance, 1951,
Mr. SILVANUS BURKE, who has been
appointed Returning Officer, will be in
attendance at the Court House at Port
Elizabeth. Bequia, on Tuesday, 24th
January, 1956, from 10.00 a.m. to 2.00
p.m. to receive nominations for the elec-
tion to elect another person to fill the
vacancy.
2. Should a poll be required it will
be taken on Tuesday, 31st January,
1956. from 9 a.m. to 12 noon and from
1 p.m. to 5.30 p.m. and for the conveni-
ence of electors, votes may be cast at the
following polling stations:-
No. 1-The Court Room (Police Sta-
tion)
No. 2-Mr. Jacob Leach's Shop (Ham-
ilton)
No. 3-Sunny Caribbee Hotel (Bel-
mont)
No. 4 Beqnia Government School
Paget Farm)
3.. For the purpose of this Bye-Elec-
tion the Electors Roll to be used is the
Legislative Council List of Electors for
the year 1954 for the Electoral District
of the Grenadines Polling Divisions
Nos. 1, 2, 3 and 4. This List as amend-
ed for use at the Elections on June 27th,
1955, can be seen at the Police Station,
Port Elizabeth, Bequia.
4. No person whose name does not
appear on the said List as amended will
be allowed to vote.
17th January, 1956.
By Command,
A. L. SAMUEL,
Acting Government Secretary.
GOVERNMENT OFFICE.
24th January, 1956.
DEPARTMENTAL AND
OTHER NOTICES.
BYE-ELECTION NOTICE.
LAYOU TOWN BOARD.
Notice is hereby given that in accord-
ance with Section 25 of the Local Gov-
ernment Ordinance, No. 17 of 1951 the
Clerk will be in attendance at the
Warden's Office on Monday 30th Janu-
ary, 1956, from 10 a.m. to 2 p.m. to
receive nominations to fill the seats of
two elected members of the Layou
Town Board caused by the resignations
of Mr. Harrold Hendrickson and Mr.
Reuben Jeffers.
Should a Poll be required, it will be
taken at the Warden's Office on Monday
13th February, 1956 from 9 a.m. to 12
noon, and from 1 p.m. to 5.30 p.m.
NERVILLE HANNAWAY,
Clerk and Returning
Officer.
12th January, 1956.
INCOME TAX NOTICE.
TO GOVERNMENT OFFICERS.
All Government Officers are hereby
reminded that the latest date for the
submission of Income Tax Returns for
assessment in the year 1956 is the 31st
January, and that failure to give notice
of chargeability is an offence against the
Income Tax Ordinance, rendering the
person concerned liable on conviction
to a fine not exceeding FOUR HUNDRED
AND EIGHTY DOLLARS.
2. EVERY PERSON whose income
accruing in, derived from the Colony
or elsewhere and whether received in the
Colony or not for the preceding year,
SAINT VINCENT, TUESDAY, 24 JANUARY, 1955.-(No. 6). 23
exceeded the statutory limit of $480 is
required to submit a return on the pre-
scribed form notwithstanding that on
account of approved deductions no tax
may eventually be chargeable, and par-
ticular attention is directed to the fact
that the term "income" is deemed to
include not only money but also allow-
ances in kind.
3. Efforts are being made to send
blank return forms to such persons
through their Heads of Departments. It
is to be clearly understood, however, that
the Income Tax Department is under no
obligation to send a return form to any-
one and that a person is not exonerated
from the statutory liability of making a
return even though a form may not have
been received from the Department.
Forms may be obtained, on application,
at the Revenue Offices at Georgetown,
Barrouallie, Bequla and Union Island, or
in any other district from the Police
Station situate therein, or from the
Income Tax Office Kingstown, where
any person requiring information in
connection therewith is invited to enquire.
4. Where Officers are in receipt of in-
come other than salaries, the form
should include particulars thereof and
should be accompanied by the necessary
supporting statements.
F. E. WILLIAMS,
Income Tax Officer,
for the Commissioners of Income Tax.
INCOME Tax OFFICE,
KINGSTOWN,
4th January, 1956.
CUSTOMS N CE.
It is hereby notified that the under-
mevtioned article forfeited tor a breach
of Section 92 Cap. 183 if the Laws of
St. Vincent will be sold bly Public Auc-
tion at H.M. Customs at 10.00 a.m., on
Tuesday, 31st January, 1956.
One (1) Row Boat-
14' 6" x 4' 7" x 1' 5".
A. T). W. JOHNSON,
for Collector of Customs.
17th January, 1956.
ST. VINCENT COTTON GINNERY
NOTICE.
ADVANCE ON SEA ISLAND COTTON.
The Advances to be paid by the St.
Vincent Cotton Ginnery on Sea Island
Seed Cotton purchased on the Co-opera-
tive System for the Crop 1955/56 have
been fixed as follows :
White ... 24c. per lb.
Stained
... 4c. ,, ,,
Tberi- will be no advance made on
S"'-ond White Cotton, The chief iea-
son for this is that 33 bales of Second
White Cotton from the 1952/53 crop
held in England are still unsold, and
no offer has yet been received for the
42 hales of Second White from the
1954/55 Crop.
J. L. EUSTACE,
Manager.
12ih January, 1956.
BRITISH CARIBBEAN CURRENCY BOARD.
RATES OF COMMISSION FOR THE
ISSUE AND REDEMPTION OF COIN.
(Currency Ordinance, 1950, Section 7 (1)).
Issue : Seven sixteenths per centum.
Redemption: One-half per centum
and in addition to the above rates the
cost of any teldegrams sent by the Beard
or by the Crown Agents in connection
therewith.
L. SPENCE,
Executive Commissioner,
British Caribbean Currency
Board.
Headquarters,
Board of Commissioners
of Currency.
British Caribbean Territories,
'1 rinidad.
13th January, 1956.
SAINT VINCENT.
BY AUTHORITY OF THE SMALL
DEBTS ORDINANCE
IN THE SMALL DEBT COURT (KINGS-
TOWN) DISTRICT I.
Between
AGNES HERBERT
and
CHARLES LEWIS
Plaintiff
Defendant.
NOTICE is hereby given that en Sat-
urday the 28th day of January, 1956,
between the hours of 7 a.m. and 3 p.m.
at the Court House. Kingstown, there
will be put up for sale the undermen-
tioned goods and chattels belonging to
the above-named PLAINTIFF, levied by
virtue of a warrant to levy on Goods
and Chattels issued in the above suit :-
One (1) wooden House Il ft. x 17 ft.
and covered with galvanized iron.
A. L. JOHN,-Bailiff
Process Server.
12th January, 1956.
PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
I Price 24 cents. I
SAINT VINCENT.
No. 17 of 1955.
I Assent,
G. M. DEVERELL,
[ L.S. ]
Governor.
13th January, 1956.
AN ORDINANCE to repeal and replace the Central Water Dis-
tribution Authority Ordinance, 1950.
[ 24th January, 1956. 1
Enacted by the Legislature of Saint Vincent.
1. This Ordinance may be, cited as the Water Distribution
Ordinance, 1955, and shall come into force on the first day Of
January, 1956.
2. In this Ordinance-
"animal" includes birds, reptiles and fish;
"annual vw.lue" in relation to any premises means the
annual value thereof ascertained in the manner pro-
vided by section 20;
"tax roll" means the relevant tax roll prepared under the
Land and House Tax Ordinance, and annual taxable
value" shall be the value stated on the relevant tax
roll; *
"distribution area" means an area constituted under sec-
tion 12, within which the Sunerintenden, of Works
distributes or may distribute water in accordance with
the provisions of this Ordinance;
Short title and
commencement
Interpretation.
Cap 194.
No. 17. Water Distribution. 1955.
"distributing main" means any pipeline (including valves
and other accessories thereto) the property of the
Government of the Colony, through which water is
carried or is intended to be carried'for supply to con-
sumers generally, but does not include a service as
hereinafter defined;
"distribution system" means the service reservoirs, tanks,
cisterns, tunnels, conduits, aqueducts, distributing
mains, pipes, standpipes, sluices, valves, meters, pumps,
engines, and other machinery, buildings, structures
and appliances, whether constructed or under construc-
tion, which are used or are intended to be used by
or on behalf of the Government of the Colony for the
storage, carrying, distribution, measurement or regu-
lation of water or for purposes ancillary thereto, but
does not include a service as hereinafter defined;
"domestic use" means a use which is not a non-domestic
use as hereinafter defined;
"land' has the meaning assigned to it by the Interpreta-
Cap. 72. tion Ordinance, but does not include any land com-
prised in a street;
"Local Distribution Authority" means any Small Town
Board, Village Council, Corporation, and any person
or persons declared by order of the Governor in Council
to be a Local Distribution Authority for the purposes
of this Ordinance;
"meter" means any appliance used to measure estimate
or regulate the amount; of. water taken from the
distribution system;
"non-domestic use" means use in any trade or manufac-
ture, oi for washing commercial vehicles or for irriga-
tion or watering of land cultivated or occupied as a
means of pecuniary profit, or for public or private
fountains, or for ornamental purposes, or tor the sup-
ply of ponds, or tanks, or for laundries, public wash
houses, public baths, public garages or petrol stations,
or for ships, vessels or boats, or for other purposes
which the Superintendent of Works may from time to
time prescribe to be non-domestic purposes;
"owner" means the holder of any premises as owner
thereof or under lease, licence, or otherwise, or the
immediate landlord of any premises, or the agent of
any such owner or landlord who is absent or under
disability, or, if there is no such agent, the occupier
of the premises;
"premises" includes a house, tenement, store, warehouse,
shop, and every other building, a yard whether open
or enclosed, and every piece or parcel of land;
Water Distribution.
"public stand-pipe" means any fountain, stand-pipe, dip-
per, valve, tap or appliance used or intended to be
used for supplying water to the public generally or to a
section of the public, and in respect of which water
service rate or metered service charges are not levied;
"Registrar" means Registrar of the Supreme Court of
Judicature and includes his deputy or clerk;
"service" means all pipes, valves, cisterns, cocks, fittings
and other appliances (not including a meter) by or
through which water flows, or is intended to flow,
from a distributing main to any premises;
"street" includes any highway, including a highway over
any bridge, and any road, lane, footway, square, court,
alley or passage, whether a thoroughfare or not and
whether the public have a right of way thereover or
not; and the pavement of a street and '11 channels,
drains and ditches at the side of a street shall be
deemed to be part of the street;
"way-leave" means a right to the user of land for the
laying of tunnels, conduits, aqueducts, distributing
mains, services, pipes or other structures and appli-
ances, and accessories thereto, together with the right
of access to and of opening up such land from time
to time for the inspection, maintenance, renewal, re-
pair, replacement or removal of the works, and the
right to restore any such land which has been opened
up, without in any such case affecting the ownership
of such land.
PART II.
THE DISTRIBUTION SYSTEM.
3. (1) It shall be the duty of the Superintendent of Works
to maintain the distribution system, and to operate the same
in accordance with the provisions of this Ordinance, and the
Superintendent of Works is hereby empowered to do .all such
things as may be expedient for, or ancillary to, the perform-
ance of this duty.
(2) It shall be lawful for the Superintendent of Works
from time to time to alter or extend the distribution system in
so far as may be expedient for the performance of his duties
under this Ordinance.
4. (1) The Governor may, to such extent and on such
terms and conditions as he may think fit, make available Crown
Lands for the use of the Superintendent of Works in the per-
formance of his duties under this Ordinance.
Mi atenance,
operation.
etc. of the
distribution
syst';m.
Crown lands
may be made
available
for use of.
Superintendent
of Works.,
No. 17.
1955.
98
Water Distribution.
No. 17.
No, 22 of 1946.
Acquisition
and disposal
of moveable
property by the
Superintendent
of Works.
Power to plaoe
disti 'bution
mains, etc..
on over or
under ,streets.
1955.
(2) For the avoidance of doubt, it is hereby declared that
land may be acquired by the Crown compulsorily under the
Land Acquisition Ordinance, 1946, for the purpose of being
made available for the use of the Superintendent of Works as
aforesaid or for the protection of the distribution system.
5. The Superintendent of Works may, with the approval of
the Governor in Council, purchase or otherwise acquire
moveable property for use in the performance of his duties under
this Ordinance, and may, likewise, sell or otherwise dispose
of any moveable property so acquired when it is no longer re-
quired or suitable for such use.
6. (1) Subject to the provision- of this section the Super-
intendent of Works may cause tunnels, conduits, aqueducts, dis-
tributing mains, pipes, services and other structures and appli-
ances and accessories thereto, to be laid down on, over or under
any street or any place laid out as or intended for i. street, and
shall at all times have the right of access to and of opening up
any such street or place for the purpose of inspecting, renew-
ing, repairing, replacing or removing any' such works, and shall
at all times have the right of access to any such street or place
which has been opened up by him for the purpose of restoring
the same.
(2) Except in cases of emergency, the powers conferred
by subsection (1) shall not be exercised by the Superintendent
of Works in any case unless he shall have caused notice in writ-
ing describing the particular work intended to be done to be
served on the person interested (as hereinaiter defined) at
least fourteen days before the commencement of the work and,
if written notice of objection to the work is served on the Super-
intendent of Works within the said fourteen days by or on
behalf of the person interested, until such objection has been
upheld or overruled by the Governor in, Council. The decision
of the Governor in Council shall be final, and shall not be ques-
tioned in any court.
(a) A notice, required by subsection (2) to be served by
the Superintendent of Works on any person to whom. paragraph
(b) of the definition of "person interested" in subsection (6)
h6reof relates, may, without prejudices to any method of service
sAnctioned by regulations under this Ordinance, be served by
affixing ,the same to a notice board in the street or place con-
cerned and the Superintendent of Works is hereby authorised
to erect any such notice board as may be necessary for such
purpose.
(4) Where the Superintendent of Works shall nave opened
up any street or place in p;ursuance of the powers conferred by
subsection (1), the following provisions shall have effect,
namely-
09
No. 17. Water Distribution. 1955.
(a) the Superintendent of Works shall, with all convenient
speed complete the work on account of which the street
or place was opened up and fill in the ground and
make good the surface and generally restore such
street or place to as good a condition as that in which
it was before being opened up;
(b) the Superintendent of Works shall cause the place
where any street or place is opened up to be protected
and properly lighted by night.
(5) In the exercise of the powers conferred by subsection
(1) hereof, the Superintendent of Works shall not stop or impede
traffic in any street or place, or into or out of any street or place,
further than is necessary *i the proper execution uf the work.
(6) In this section-
"person interested" means-
(a) in the case of any such street or place .as is men-
tioned in subsection (1), being a street or place
which is declared by any enactment ior the time
being in force to be repairable by any statutory
corporation or body, such corporation or body;
(b) in the case of .any such street or place other than
a street or place described in paragraph (a) of
this subsection, the owner of such street or place.
7. (1) Subject to the provisions of this section, the Super- Compulsory.
intendent of Works may acquire compulsorily over any land any acquisition of
way-leave which he may deem necessary or desirable for the way-leaves
performance of his duties under this Ordinance. over land.
(2) Whenever the Superintendent of Works desires to
acquire compulsorily a way-leave over any land, he shall cause
to be prepared-
(a) a detailed description (hereinafter referred to as "the
description") of the proposed way-leave and of the
period for which it is sought (if it is sought for a
fixed period) and of its location and of the works
contemplated; and
(b), a survey plan (hereinafter referred to as 'the plan")
indicating the location of the way-leave.
(3) The Superintendent of Works shall give notice of his
intention to .acquire the way-leave-
(a) by publishing in not less than two issues of the Gazette,
and of a local newspaper, (if .any) a notice setting
forth the description, and naming a place where the
plan may be inspected, and specifying the tbme (which
shall not be less than fourteen days from .the date of
the last of the publications) and manner in which
objections may be made; and
S100
Water Distribution.
First
Schedule.
No. 30 of 1937.
(b) by causing a like notice to be exhibited conspicuously
in a convenient place or places in or near the area
affected by the proposed way-leave not later than the
date of the last of the publications contemplated by
paragraph (a) of this subsection.
(4) Within the time specified in .the notice mentioned in
subsection (3) of this section, any person claiming that the
granting of the way-leave will cause him loss, damage or injury
may give notice in writing to the Clerk of the Executive Council
of his objection to the way-leave and of the grounds thereof,
and thereupon the Governor in Council shall consider che descrip-
tion and the plan and the notice of objection, and vitner uphold
or overrule the objection. Whenothe Governor in Council over-
rules an objection, he may nevertheless direct that the descrip-
tion and plan shall be modified in such manner as he may
think fit. The decision o; the Governor in Council shall be
final and shall not be called in question in any court.
(5) After the expiration of the period allowed for object-
ions (if no notice of object has been given during that period),
or after all objections have been overruled (if no objection of
which notice has been given is upheld), the Superintendent of
Works may cause a certificate in the form in the First Schedule
thereto, signed by the Superintendent of Works and the Clerk
of the Council setting out the description (or the modified
description) and having the plan (or the modified plan) annex-
ed, to be registered by the Registrar under the provisions of the
Registration of Documents "Ordinance, 1937, without charge
and without proof of due execution. Certificates so registered
shall be indexed by the Registrar in such manner as he may
deem convenient -and all persons shall be at liberty to inspect
and search any such register and index on payment of the
sum of twenty-four- cents.
(6) When a certificate has been duly issued and lodged
in accordance with this section, the way-leave described in the
certificate shall be deemed to have been duly granted to the
Superintendent of Works and shall be binding as against all
persons.
(7) On production, to the Registrar of a certificate signed
by the Superintendent of Works discharging any lands from any
way-leave acquired under this section the Registrar shall endorse
a reference to such discharge on the relevant certificate lodged
under subsection (5) of this section, and thereupon the land
shall be discharged from the Way-leave.
(8) Compensation shall be paid by the Superintendent
of Works in respect of any loss, damage or injury which, at the
time a way-leave is acquired under this section, may be expected
to be caused by the way-leave. Such compensation may take
the form of a sum of money payable forthwith, or a fixed period-
No. 17.
1955.
Water Distribution.
ieal payment so long as the way-leave continues, or both:
Provided that the period (if any) of the way-leave and any
agreement which may have been made, or undertaking which
may be given, by the Superintendent of Works as to the future
restoration in whole or in part of the land to which the way-
leave relates shall be taken into account in determining the
compensation payable.
(9) Any claim to compensation under subsection (8) may,
in default of agreement or arbitration, be heard and determined
in Chambers by a Judge of the Supreme Court of the Windward
Islands and Leeward Islands on the application of the Super-
intendent of Works or the claimant. The decision of the Judge
in Chambers shall be final on all matterslincluding costs.
(10) Rules of Court may be made under the Supreme Court
Ordinance for implementing subsection (9), and in particular
and without prejudice to the generality of this power, such Rules
may be made as to the practice and procedure to be followed
in relation to applications under the said subsection, as to the
costs and fees thereon, as to the payment of compensation into
Court in appropriate cases and the investment an(, disposal of
moneys in' Court, and as to any ancillary or consequential
matters.
8. For the avoidance of doubt it is hereby declared that
the Superintendent of Works shall be entitled to acquire by
agreement any way-leave which he may deem necessary or
desirable for the performance of his duties under this Ordin-
ance.
9. (1) For the purpose of ascertaining the practicability
or expediency of altering or extending the distribution system
in any manner, it shall be lawful for any person acting under
the general or special written directions of the Superintendent
of Works-
(a) to enter upon and survey any land and take levels
thereon;
(b) to dig and bore under the subsoil of such land;
(c) to do all such other things as may be incidental to or
necessary for the purposes aforesaid:
Provided that-
(i) except in cases in which the Governor in Coun-
cil has directed by notification in the Gazette
that the powers conferred by this subsection
may, subject to the next succeeding proviso, be
exercised without notice, such person shall not
enter upon any land without giving at least
twenty-four hours notice in writing to the occu-
pier thereof; and
No. 5 of 1941.
Acquisition of
way-leaves by
agreement.
Powers of the
Superintendent
of Works to
enter on land
for purposes of
survey, etc.
No. 17.
1955.
No. 17. Water Distribution 1955.
(ii) such person shall not in any event enter into
any building without the consent of the occu-
pier thereof without giving at least twenty-four
hours notice in writing to such occupier; and
(iii) compensation shall be paid by the Superintend-
ent of Works for any loss, damage or injury
caused by reason of the exercise of the powers
conferred by this section, and, in default of
agreement or arbitration, may be sued for in
an action in the appropriate court as though
the claim for compensation wa.s a claim for
damages against a private person: ana all pro-
visions of Wiw relating to actions for damages
against private persons (including provisions as
to limitation of action) shall apply mutatis
mutandis in relation to such actions for com-
pensation against the Superintendent of Works
notwithzLanding the provisions of the Public
Cap. 141. Officers Protection Ordinance.
(2) Any notice required by this section to be given, to the
occupier of any land may be served by delivering the same to
such occupier or by delivering the same to any adult person at
the usual op lasr known place of abode or business of the occu-
pier or by sending the same in a registered letter addressed to
the occupier at h.is usual or last known place of abode or business
or by fixing the same in a conspicuous place on the land.
Temporary 10. (1) For the execution of any alteration to, or exten-
rights. sion of, the distribution system, it shall be lawful for all persons
employed or authorised in writing by the Superintendent of
Works--
(a) to enter upon any land;
(b) to take therefrom stones and earth;
ic) to erect provisionally on such land, within six hun-
dred fee of the works which are being or are to be
executed, labourers' camps, workshops, forges and
places for mixing and preparing materials for the
works;
(d) to provide a passage for materials and for all persons
connected with the works;
Provided that at least twenty-four hours notice in writing
shall be given in the manner provided in subsection (2) of section
9 to the occupier of the land entered.
(2) Compensation shall be paid by the Superintendent of
Works for the value of stones and earth taken as aforesaid, and
for any loss damage or injury caused by the exercise of the
powers conferred by this section, and for any prejudice caused
Water Distribution.
by the temporary servitudes authorised by this section. Any
such compensation, in default of agreement cr arbitration, may
be sued for in an action in the appropriate court as though the
claim for compensation was a claim for dOmaZes a2,ainst a
private person; and all provisions of law relating to actions
for damages against private persons (incluCing- provisions as
to limitation of action) shell apply mvtat'4 7muOtedis in rela-
tion to such actions for compensation against the S:upeiintend-
ent of Worik notwitCstancdin2 l 1-e provisions or the Public
Officers Proteciion Ordinance.
(3) This su.ction shall rot have effect, except with the occu-
pier's content, i i relation to laid ,crming the .vhole or any part
of a garden or orchard or the curtilage of a dwel.ni- house orl
factory, or to ornamental .ind.
PART III.
ACQUISITION AND DISPOSAL OF WATER B.' THE
,UPERrNTENDENT OF WORKS.
11. With '-te ap-oroval of the Governor in Council but not
otherwise, the S peri) i-ndent of Works may erter into an agree-
ment wi)'h any Locual Distribution Authority or other person on
such terms and cor ditiohi as the Governor in Council may
approve, for the sale a.nd delivery of water in bulk by such Local
Distribution Au hority or person to the Governmr'nt of the
Colony.
12. (11) The Go'-ernor in Council may by proclamation
published in the Gazette declare that any area spoci,.'ed in such
proclamation st -11 be a distribution area for the purposes of
this Ordinance.
(2) The Goverror in Council may by proclamation pub-
lishecd in the Cazette alter or extend the boundaries of any
distribution arcs, or amalgamate any two or more distribution
areas, or declare that any area, as to the whole or any part
thereof, shall cease to be a distribution area.
13. (1) It shall be lawful for the Superintende;;t of Works
and any Loc-l Distributionl Authority, with the approval of
Lhe Governor in Council. to conclude a special agreement for
the suooply'of w-,'ter in bulk by the former to the l..tter on such
terms and couc'icns as may be thought fit -nd n particular
any 'uch a'-e(e ent mav -notwithstarding anything in any
law to the ccT-tr' r-', contLain ."ny -uch terms -nd conditions as
may 13 thou":''B appopriste to secure that, ", f:.7 as may be
prlaticable, the Leoal Distribumion Autho'ity t.Coes not make a
profit out of ihe distribution or sale of water while the agree-
ment is in force.
Cap 141.
Acquisition
of w ,ater by
Superintendent
of Works.
Distribution
area.- .
Supply of
water under
special
agreement.
1955.
No. 17.
Water Distribution.
(2) It shall be lawful for the Superintendent of Works,
with the approval of the Governor in Council, to enter into a
special agreement with any person other than a Local Distri-
bution Authority for the supply of water by the Government
to such person either within a distribution area or outside the
distribution areas and either in bulk or otherwise on such terms
and conditions as may be thought fit: Provided that the Gov-
ernor in Council shall not approve an agreement by the Super-
intendent of Works to supply water within the water district
of a Local Distribution Authority unless either, the Local
Distribution Authority consents or the Governor in Council is
satisfied that the Local Distribution Authority cannot or will
not itself provide a reasonable supply in the particwuar case on
reasonable terms.
14. It shall be lawful but not obligatory for the Superin-
tendeit of Works to erect, maintain and keep supplied with
water in such places within a distribution area as he shall deem
fit public stand-pipes for the public use, and to remove any
such stand-pipe which, in his opinion is no longer required.
15. (1) It shall be lawful but not obligatory for the Super-
intendent of Works to supply water either within a distribution
area or outside .the distribution areas and either in bulk or
otherwise by means of services: Provided always that if the
Superintendent of Works shall, supply water by means of a ser-
vice to any premises the annual taxable value of which is less
than twenty-four dollars the general water ratp and the waterr
service rate (or the general water rate where there is a
metered service) shall be calculated on the basis of an annual
taxable value of not less than twenty-four dollars.
(2) Except where the water is to be supplied to a Local
Distribution Authority or to some person in the water district
of a Local Distribution Authority, the power conferred by this
section may be exercised without a special agreement and with-
out the approval of the Governor in Council but services outside
the distribution areas shall, in the absence of a special agree-
ment to .the contrary, be fretered.
(3) This section shall be without prejudice so the opera-
tion of section 13 of this Ordinance.
16. (1) The Superintendent o0 Works may, upon the appli-
cation of the owner of any premises and the acceptance by
such owner of the quotation of the Superintendent of Works
for the work and the payment of such deposit in respect of the
price quoted. as the Superintendent of Works may deem reason-
able, cause a service for the supply of such premises to be laid
on to such premises from a distributing main.
Public
staa d-pipe.
Supply by
services.
Instafellation
of services.
No. 17.
105
No. 17. Water Distribution. 1955.
(2) The whole cost of construction of any ,,uch service
shall be paid for by the owner of the premises'at the price quot-
.ed by the Superintendent of Works and accepted 1by the Owner,
but only so much thereof as is not laid under the soil of a
street shall be deemed the property of such owner
(3) Any way-leave and any other permission to lay a.
service on, over or under any land other than a street inter-
vening between the distributing main and the premises shall
be obtained by and at the expense of the owner of the premises.
(4) The parts of all services not laid under the soil of a
street shall be maintained by the Superintendent ol Works at
the cost of the owner of the premises.
(5) The Superintendent of Works may from time to time
effect repairs to the service in any premises whenever he shall
think necessary, or at the request of the owner or occupier
thereof and at the cost of the owner or occupier who may be
required first to deposit the price quoted by the Superintendent
of Works for such repairs. The amount to be paid 'y the owner
or occupier shall in any event be the quotation of the Superin-
tendent of Works for the repairs.
(6) Any person acting by the general or special directions
of the Superintendent of Works may enter any premises at all
reasonable times between the hours of seven o'clock in the
morning and five o'clock in the afternoon to inspect and examine
any service therein, or any alteration or addition which is
being, or has been, made to any service therein, or 10 ascertain
if there be, any waste of water from, any cause whatsoever, and
make such excavations and remove such materials as may be
deemed necessary for the purpose of such inspection and exam-
ination, afterwards making good the same.
(7) No alteration or addition to any service shall be made
without the consent of the Superintendent of Works.
PART IV.
RATES AND CHARGES, ETC.
17. (1) The Superintendent of Works shall levy a general Razes
water rate or rates and a water service rate or rates in distri- leviable.
bution areas in accordance with the provisions of this Ordin-
ance.
(2) A general water rate or a water service rate may be
made to apply to all distribution areas or different rates may
be fixed for different distribution areas or parts of distribution
areas or for different classes of premises or, in tne case of a
water service rate, for different classes of supply.
(3) All such rates shall be payable in such manner and
at such times (whether fixed by reference to the service of a
Water Distribution.
Provisions as
to rates.
Special
charges.
Ascertainment
of annual
va;Iue of
pr..mises.
Cap. 194.
notice of demand or otherwise) as the Superintendent of Works
shall prescribe.
18. Subject to such exceptions as may be prescribed by
the Superintendent of Works and to the terms of any special
agreements made under section 13-
(a) a general water rate shall be levied on all premises
situate in distribution areas which are within a distance
of one quarter of a mile from a public stand-pipe,
whether such premises are supplied withL water by
means of a service to such premises or not;
(b) a water service rate shall be levied on all premises sit-
uate in 4 iqtribution arges which are supplied by means
of an u-metered service to such premises.
19. (1) The Superintendent of Works may, with the
approval oi the Governor in Council, prescribe special
charges, either in lieu of or in addition to any water service
rate which may be payable, in distribution! areas generally or in
specified distribution areas or parts of distribution areas or in
respect of specified classes or descriptions of premises or in
respect, of speci:ied classes or descriptions of supply or in respect
of taps, urinals, water closets, troughs, baths or other like fittings
,or contrivances, and may reserve to himself the right to decide
to which category any premises, supply, fitting or contrivance
belongs.
(2) Charges levied under this section shall be payable by
the owner of the premises in respect of such periods and in
such manner and at such times (whether fixed by reference
to the service of a notice of demand or otherwise) as the Super-
intendent of Works may prescribe and shall be subject to such
rebates and refunds, when the circumstances giving rise to the
charge are in existence during a portion only of the period
in respect of which the "narge is -ordinarily leviable, as the
Superintendent of Works may prescribe.
(3) The Sui-erintendert of Works may decline to supply
water from any fittings or contrivances which are not of a
type approved by him.
(4) The right to levy any special charge-; under this
section shall be subject to the,terms of any special agreement
made under section 13.
20. (1) The Treasurer shall, when requested by or on
behalf of the Superintendent of Works, deliver U. the Super-
intendent of Works copies certified by him of so much of the
current tax rolls prepared under the provisions of the Land and
House Tax Ordinance, as relate to premises in, distribution areas
or as relate to any such premises as may be spechied by or on
behalf of the SuperintendeA.t of Works and shall, whether re-
quested by or on behalf of the Superintendent of Works or not,
No. 17.
1955.
No. 17. Water Distribution. 1955.
forthwith deliver to the Superintendent of Works copies certified
by him of any corrections in, or additions to, any current tax
rolls relating to premises in distribution areas.
(2) The annual value of premises for the purposes of this
Ordinance shall be the annual taxable value thereof as stated
from time to time in the current tax rolls: Provided .that-
(a) where premises chargeable with a general water rate
or a water service rate as a separate entity are not
so vah ed in the current tax roll, or where premises
valued in the current tax roll as -one property ought,
in the opinion of .the Superintendent of 1. orks, to be
valued separately for the purposes of this Ordinance
or where premises separately assessed in the current
tax roll ought, in the opinion of the Superintendent
of Works, ,to be valued as one property for the pur-
poses of this Ordinance, or where premises have from
any cause whatsoever been omitted from the current
tax roll, the annual value of such premises for any
year shall be such sum as the Superintendent of Works
shall from time to time calculate to the best of his
skill and ability to be just;
(b) where a service is laid on in any premises and the
wa'er from such service is, with the consent of the
Superintendent of Works, used in such premises and
adjoining premises of the same owner but separately
valued in the current tax roll, the annual value of
the two premises for the purpose of calculating the
water service rate shall be the aggregate of the valu-
ations of the premises in the current tax roll;
For the purposes of this section, all premises of one under-
taking in one place which are liable to the rate snail be taxed
as one premises.
(3) Whenever the Superintendent of Works is unable to
calculate the annual value of premises from the figures shown
in the current tax roll, then the assessment by the Superintendent
of Works of the annual, value of the premises shall be binding
and conclusive on all parties unless the person accountable for
the rate shall, not later than fourteen days after the service of a
notice of -assessment on him by the Superintendent of Works
in the prescribed manner, cause notice in writing to be given
to the Magistrate of the District and to the Superintendent of
Works of his intention of appealing against the assessment; and
the Magistrate shall hear and determine such appeal, and may
in his discretion award such costs as he thinks proper to any
party, and the payment of such costs may be enforced in the
same manner as the payment of a penalty is enforced under
the Summary Conviction Offences Ordinance. The lodging of
an appeal under this subsection shall not absolve the person Cap. 14.
accountable for the rate from his obligation to pay the same
Water Distribution.
Fixing "general
water rates
anc water
service rates
on ,the date on which it becomes due or from any consequences
of non-payment upon such date. Any increase in ;,he amount
of the rate payable consequent upon the decision of a Magis-
trate under this subsection shall become payable immediately
after the date of the decision unless the rate itself has not
become payable on or before that date, and any reduction in
the amount of the rate consequent upon any such decision shall,
if the rate has been paid, be given effect to by the Superintend-
ent of Works as soon as may be after the date of the decision.
(4) The Magistrate shall have power to summon the par-
ties and witnesses to attend before him on such days as he may
fix for the hearing of the appeal and to give evidence or pro-
duce documents; and any person failing to comply with a
summons to attend as aforesaid, shall be liable to be apprehend-
ed, .and every person refusing to give evidence on oath or
refusing or neglecting without lawful excuse to produce any
document shall be liable to be committed to prison in the same
manner as though the appeal were' a matter coming within the
ordinary summary jurisdiction of the Magistrate.
(5) The decision; by the Magistrate of any question of fact
shall be final and conclusive.
21. (1) The Governor in Council shall from t-me to time
fix the general water rates and water service rates applicable
to .the period 1st of January to 31st December (both dates in-
cluded) of each year.
(2) Such rates shall be a percentage of the annual value
of the premises in respect of which they are leviable, such
annual value being taken to be the annual value as on the 1st
of January or, where premises become liable to the rate after
the 1st of January, the annual value of the premises on the
date' on which they become so liable: Provided that in the
cage of premises the annual value of which is less than twelve
dollars and in the case of barracks, general water rates shall
be such sums as may be fixed by the Superintendent of Works
in lieu of the percentage of the annual value.
(3) The amount to be paid shall, subject as hereafter pro-
vided, be taken to be the .amount which would be payable if
the premises were liable to the rate during the whole of the
annual period: Provided that-
(a) where the premises are liable to the rate during a
portion only of the annual period a rebate or refund
shall be made of an amount in respect of each com-
plete month of the annual period during which the
premises were not liable to the rate equivalent to one-
twelfth of the amount which, but for this proviso,
would have been payable for the whole of the annual
period;
No. 17.
1955.
No. 17. Water Distribution. 18g.
(b) where there is a decrease in the annual value of the
premises subsequent to the date on which the annual
value of the premises is required by this section to be
ascertained, a rebate or refund shall be made of an
amount in respect of each complete month of the
annual period during which the decreased annual
value applied to the premises equivalent to one-twelfth
of the difference between the amount which would
have been payable for the whole of .the annual period
if there had bben no decrease and the amount which
would have been payable for the whole of the annual
period if the decreased annual value had been the
annual value throughout that period;
(c) where there is an increase in .the .annual value of the
premises subsequent to the date on which the annual
value of the premises is required by this section to be
ascertained, there shall be paid, in addSLion to the
amount which would have been payable if there had
been no such increase, an amount in respect of each
complete month of the annual period during which
the increased annual value applied to the premises
equivalent to one-twelfth of the difference between
the amount which would have been payable for the
whole of the annual period if the increased annual
value had been the annual value throughout that
period and the -unount which would have been pay-
able for the whole of the annual period if there had
been no increase.
22. General water rates and water service rates shall be Liability of
payable by the owners of the premises in respect of which they owners to
are leviable. pay rates.
23. (1) It shall be lawful for the Superintendent of Works Metered
to require that any water supply connected to a distributing main suppjesa.
shall be metered, and for the Governor in Council to
prescribe the charges to be paid by the owners of metered
premises for or in connection with the installation, use
testing and removal of any meter or class of meter,
and to prescribe the charges which, subject to the terms
of any special agreement made under section 13 shall be payable
by the owner of the premises for water supplied through the
meter.
(2) Any such charge for water supplied through meters
may be made to apply to premises generally or may be made
to apply to any specified class or description of premises or to
any specified class or description of supply.
Water Distribution.
Remissiong.
Place of
payment of
rates and
charges.
Part payments.
(3) Charges leviable under this section shall be
payable in such manner and shall be *due at such times
and in such circumstances as the Superintendent of Works may
prescribe.
24. (1) The Governor in Council may remit the whole or
any part of the sums due or to become due in respect of any
rate or charge when-
(a) any building in respect of which the rate or charge
is fixed is destroyed or removed; or
(b) the person liable for the payment of a' water service
rate or of a charge, other than a charge for water
supplied by meter, cannot, through no fault of his,
obtain a normal supply of water: or
(c) there is some cause which prevents the person liable
for the payment of the rate or charge i om having,
if he so desires, reasonably easy access to the water
supply; or
(d) there has been an commission on the pani of the ser-
vants of the Government to disconect any service
which should have been disconnected.
(2) It shall be lawful for the Governor in Council in any
case in which it may appear to him to be just so to do, after
giving the Superintendent of Works an opportunity of record-
ing his views, to direct the Superintendent of Works to refund
or remit the whole or any part of any sum paid or payable in
respect of any rate or charge leviable under this Ordinance.
25. It shall be lawful for the Superintendent of Works by
notification in the Gazette to declare the offices or places at
which rates or charges shall be paid.
26. (1) It shall be lawful for the Superintendent of Works
to accept part payments made by any person on account of the
total amount due by such person in respect of rates, charges,
or sums due under or by virtue of this Ordinance or any regu-
lations thereunder: Provided that no sum of less than two
dollars shall be .accepted unless it be in final settlement of the.
total amount due.
Any part payment may be appropriated by the Superin-
tendent of Works ,to any of the debts due to the Government
by the person making the part payment.
(2) Nothing in this section shall prejudice a'ny of the
provisions of section 27 of- this Ordinance.
No. 1.
1955.
Water Distribution,
27. (1) Any rate, charge, or sum due and payable under
or by virtue of this Ordinance or any regulations thereunder,
shall after the expiration of three months from the time the
same became due and payable and until paid be a charge on.
the premises upon and in respect whereof such rate, charge, or
sum is due and payable; and, without prejudice to such charge,
and to the power of sale conferred by the Land and House Tax
Ordinance, the amount of such rate, charge, or sunm of money
may be recovered by the Superintendent of Works as a civil debt
from the owner for the time being of such premises by action in
the Magistrate's Court of the district without limit of amount,
or by distress on any goods or chattels (including any moveable
tenement standing on land forming part of the premises which
may be found in or upon such premises.
(2) If any rate, charge, or sum due and payable in respect
of any premises by virtue of this Ordinance or any regulations
thereunder remain unpaid after the expiration of three months
from the time the same became due and payable, !;he Superin-
tendent of Works may, without prejudice to any other remedy
available to him, cut off or disconnect the service to such prem-
ises and keep it cut off or disconnected so long as payment of
the amount due and of the cost of re-establishing the supply
has not been made.
(3) For re-establishing the supply which has been cut off
for non-payment of any rate, charge or other sum due, the sum
of three dollars shall be charged.
PART V.
MISCELLANEOUS PROVISIONS.
28. In the absence of any agreement to the contrary, all
water supplied by the Superintendent of Works shall be deemed
to have been supplied for domestic use only, and all water
supplied to premises by means of a service shall be deemed to
be supplied only for norms.l use in the premises in question.
29. The Superintendent of Works may, without prejudice
to the payment of any water rate or other sum due or to become
due in respect of any water supply, or to any other remedy
under the provisions of this Ordinance or under any regulation
made thereunder, diminish, withhold, suspend or divert the
supply of water through the distribution system or any part
thereof or through any service whenever it may be expedient
or necessary for the purpose of conserving the water supply or
for protecting, altering, extending, or repairing the distribution
system or for the purpose of connecting or repairing services
or in the case of fire.
Rates etc., to
be a charge
on premises,
ant recovery
of such rates.
Cap. 194.
Use of
water supply
Conservation
of supply, &c.
No. 17.
1955.
Water Distribution.
Power to cut
off water in
certain
circumstances.
Certain
Oftences in
relation to
services.
30. If-
(a) water supplied to any premises is used for any purpose
or in any manner not Authorised by or under the pro-
visions of this Ordinance or the regulations thereunder,
or
(b) anything is done or omitted in relation to the supply
of water to any premises which under any such pro-
visions as are designed to prevent waste or contamina-
tion of water ought not to be done or omitted,
the Superintendent of Works may, without prejudice to any
other remedy in respect of such act or .omission, cut off or dis-
connect the service to the premises so long as the contraven-
tion or default continues or is not remedied.
PART VI.
OFFENCES.
31. If any person-
a,) uses any water supplied, to any premises ior any pur-
pose or in any manner not authorised by or under
this Ordinance or the regulations thereunder; or
(b) makes or retains any unauthorised. connection with
any distributing main or service, or makes or retains
any. unauthorised alteration of or addition to any ser-
vice;. or
(c) abstracts water by any unauthorised means from any
service; or
(d) causes or suffers water supplied by a service to be
wasted, unless such waste is due to a defective ser-
vice and the defect has been reported to the Super-
intendent of Works; or
(e) suffers ,any service to be out of repair, whereby water
is wasted, without such fact having beer, reported to
the Superintendenit of Works,
he ani the occupier of the premises (if he and the occupier
are rot the same person) 3,hall be guilty of a continuing offence
in respect of each day or part of a, day during which the con-
travention continues and abhall be liable on summary conviction'
to a fine of fifty dollars in respect' of the first day or part of, a
day and to a fine of one dollar in respect of each succeeding
day or part of a4 day; and the contravention on any number of
consecutive days or parts of days not exceeding one hundred
and fifty may be made the subject of a single complaint and
prosecution. On the conviction of any person for a contraveh-
tion of this section, the Court may direct the forfeiture to the
Crown of any tap, pipe, fitting or other device used in the con-
travention.
No. 17.
1955.
No. 17. Water Distribution. 1955.
32. (1) No person shall- Oftences in
(a) make any non-domestic use of water obtained from a relation to
public stand-pipe except under the authority of and water supplied
in accordance with any conditions stated in a permit by public
under the hand of the Superintendent of Works and stand-pipe.
subject to the payment in advance of a fee of one
dollar to .the Superintendent of Works; or
(b) sell or dispose of for gain or reward any water obtained
from a public stand-pipe; or
(c) obtain any water from a public stand-pipe by means
,of anything connected thereto.
(2) If any person shall contravene any of the provisions
of subsection (1), he shall be guilty of an offence and shall be
liable on summary conviction to a fine of fifty dollars, or on a
second or subsequent conviction to a fine of one hundred dollars.
33. Any person who, without the permission of the Super- Polutiln.
intendent of Works-
(a) bathes or fishes in any part of the distribution system;
or
(b) drives or throws any animal into any part of the dis-
tribution system, bor washes an animal in any part of
the distribution system or (being in charge of any
animal) suffers that animal to be in any part of the
distribution system; or
(c) washes in or throws into any part of the distribution
system any dead animal or any part of any dead ani-
mal; or
(d) puts or throws into any part of the distribution system
any rubbish, dirt or filth, or any foul offensive or
noisome matter, whether solid or liquid; or
(e) washes or cleanses in any part of the distribution
system any cloth, wool or leather, or the skin of any
animal, or any clothes; or
(f) causes or suffers the water from any sink, privy, sewer,
drain, engine, or boiler, or any foul or filthy water
being and lying upon any land or premises of which
he is the owner or which is under his management
and control or under the management and control of
his servants or agents, to run or flow into any part
of the distribution system; or
(g) otherwise is guilty- of any act or omissim which, by
itself or with other acts or omissions, pollutes or is
calculated to pollute the water in the distNibution
system,
Impeding or
interrupting
the flow of
water.
Offences
relating to
meters, gauges,
etc.
Injury, etc.,
to property
of the
Government
of the
Colony.
Abstracting
water from the
distribution
system.
Application
of preceding
provisions of
this Part.
Assault and
obstruction of
officers etc.
shall be guilty of an offence and shall be liable on summary
conviction to a fine of one hundred dollars, or on a second or
subsequent conviction to imprisonment for three months or to
a fine of two hundred dollars.
34. Any person who is guilty of any act or omission which,
by itself or with other acts or omissions, impedes or interrupts,
or is calculated to impede or interrupt, the flow, of water in any
part of the distribution system shall be guilty of an offence
and shall be liable on summary conviction..to the punishments
mentioned in section 33.
35. Any persons who removes or tampers with any meter,
guage or measuring instrument or any level or other appliance
of the Superintendent of Works, shall be guilty of an offence
and shall be liable on summary conviction to the punishments
mentioned in section 33.
36. Any person who shall wilfully damage any part of the
distribution system or any part of a service owned by the Gov-
ernment of the Colony or who shall wilfully opei any lock,
cock, valve, tap, meter, pipe, or other equipment belonging to
the Government of the Colony shall be; guilty of an offence and
shall be liable on summary conviction to a fine of two hundred
dollars or to imprisonment for one year.
37. Any person who shall by any unauthorised means
abstract water from the distribution system shall be guilty of
an offence and shall be liable on summary conviction to a fine
of one hundred dollars. or to imprisonment for six months.
38. Nothing in the proceeding provisions of this Part of this
Ordinance shall-
(a) prevent the prosecution of any person.for any offence
described in any other law, so long as he is not pun-
ished twice for the same act or omission;
(b) render unlawful any act or omission done by or on
behalf of the Superintendent of Works or with the
permission of the Superintendent of Works or in pur-
suance of any agreement made with the Superintend-
ent of Works.
39. If any person shall assault, molest, hinder or obstruct
any officer of the Public Works Department or any person
authorised thereto by the Superintendent of Work- in making
or attempting to make any entry or inspection authorised by
this Ordinance or any regulations made thereunder, such person
No. 17.
Water Distribution.
1955.
Water Distribution.
shall be liable, on summary conviction, to a fine of fifty dollars
or to imprisonment for four months.
40. (1) The Superintendent of Works may accept from
any person who is accused of a minor offence and gives or sends
to him written admissions of his guilt and of his consent to be
dealt with by him instead of by a court, a sum of money not
exceeding .twenty-five dollars as compensation fcr the minor
offence.
(2) On the payment of such sum of money to the Super-
intendent of Works, the Superintendent of Works shall issue
an official receipt therefore, and no further proceedings in respect
of such minor offence shall be .taken against such person.
(3) The whole of such moneys received under the authority
of this section shall be paid into the Treasury and credited to
general revenue.
(4) In this section, 'minor offence' means any contraven-
tion of any of .the provisions of paragraphs (a) or (c) of sub-
section (1) of section 32 of this Ordinance or of regulation 21
or regulation 22 of the Regulations contained in the Second
Schedule to this Ordinance.
41. Any offences under this Ordinance or the Regulations
made thereunder may be prosecuted, and all rates, charges,
and all other sums of money payable under the said Ordinance
and regulations may' be recovered and enforced in the name of
the Superintendent of Works on the complaint of the Super-
Sc- : ol Works or of any officer of the Public Works
Department authorisedd to that effect in writing !y the Super-
intendent of Works.
Compounding
of certain
offences.
Power to
prosecute.
PART VII.
42. (1) The Governor in Council may make regulations
in respect of all or any of the following matters, that is to say-
(a) anything which by this Ordinance may or is to be
prescribed;
(b) the procedure for application for and collection of
rates and charges imposed by or under this Ordinance;
(c) the keeping of accounts of the renewals fund and the
investment of such fund;
(d) the method' and manner in which water m;ry be taken
from public stand-pipes and the regulation of the use
of such water;
(e) the price to be paid and the manner of payment of
all services constructed or laid by the Superintendent
of Works, and the maintenance and repair thereof,
the inspection of services laid otherwise than by the
Superintendent of Works, and for all work to be done
Regulations.
No. 17.
1955.
No. 17. Water Distribution. 1955.
for such services, including the amount to be paid for
fixing, shifting, testing or repairing meters;
(f) the suspension or curtailment of the water supply;
(g) the construction, laying, fitting, alteration or readjust-
ment of services, including baths, and the nature, size
and pattern thereof and of meters used therewith;
(h) the prevention of waste of water;
(i) the prevention of the pollution of the distribution
system;
(j) the protection of the distribution system:
(k) the forms of all notices to be given or sent by the
Superintendent of Works and the issuing and service
thereof;
(1) the supply of water through meters and the control
of meters; and
(m) generally, for more effectually carrying out the provis-
ions of this Ordinance.
(2) Regulations made under this section may prescribe in
respect of any contravention thereof or failure to comply there-
with a penalty not exceeding twenty-five dollars on summary
conviction.
Second (3) Unless and until varied or revoked by other regula-
Schedule. tions, the regulations set forth in the Second Schedule hereto
shall be in force.
Repeal. 43. The Central Water Distribution Authority Ordinance,
No. 12 of 1950. 1950, is hereby repealed.
THE FIRST SCHEDULE. (Section 7 (5)).
,CERTIFICATE OF COMPULSORY ACQUISITION OF A WAY-LEAVE.
I hereby certify that, in accordance with' the provisions of the Water Dis-
tribution Ordinance, 1955, the Superintendent of Works has duly acquired the
way-leave described below and in the plan annexed.
Notice of intention to acquire the way-leave was duly given in accordance
with the provisions of the said Ordinance,
DESCRIPTION OF THE WAY-LEAVE.
(set out description)
D ated ...... .. ....................
(S g d .) ................................................. ..... .................................
Superintendent of Works.
I hereby certify that no notice of objection to this way-leave was upheld
by the Governor in Council.
(S g d .) ...................................................... .......................
Clerk of Executive Council.
Lodged with me this day of
(S g d .) ............................................................ .. ............
Registrar.
Water Distribution.
THE SECOND SCHEDULE.
(Section 42 (3) ).
REGULATIONS UNDER THE WATER DISTRIBUTION ORDINANCE, 1955.
1. Short title. These Regulations may be cited as the Water Distribution
Regulations, 1955.
2. Exemption from General Water Rate. The following premises shall be
exempt from the general water rate, namely:-
(a) all premises occupied solely as churches, chapels or places of public
worship of any religious denomination;
(b) all premises which, although within a distribution area. are supplied
with water by a Local Distribution Authority, with the consent of the
Superintendent of Works;
'(c) all government buildings and institutions;
(d) all school buildings approved by the Governor in Counci.
3. Exemption from Water Service Rate and charge in lieu thereof. All
premises occupied solely as churches, chapels, or places of worship ot any religi-
ous denomination, being premises with not more than one tap connected to a
service from the distributing mains, shall he exempt from water service rate
and, in lieu of water service rate, there shall be charged in respect of each
such premises the sum of two dollars per annum. Any sucn premises having
more than one such tap shall be charged one dollar per annum for each
additional tap.
4. Charges additional to Water Service Rate. The following charges
shall be levied in addition to the water service rate, namely:-
(a) in respect of each tap on any premises in excess
of normal requirements ...... .... .... ...... 25 cents per
annur..
For the purposes, of this paragraph the expres-
sion "normal requirements" shall mean:-
(i) in the case of premises the annual value
of which does not exceed one hundred
dollars ......
(ii) in the case of premises the annual value
of which exceeds one hundred dollars but
does not exceed three hundred dollars ......
(iii) in the case of premises the annual value
of which exceeds three hundred dollars ......
and the expression "tap" does not include a
tap taxable under the next succeeding para-
graph or a. bath tap or valve trough tap or
valve.
(b) in respect of each tap situated in a garden or
or field or in such other position as to be suit-
able, in the opinion of the Superintendent of
Works, for use for gardening or irrigation
purposes ...... ...... ...... ..... .. ...... ......
One tap:
Two taps;
Three taps;
$3.00 per annum
No. 17.
1955.
No. 17. Water Distribution.
1955.
(c) in respect of each water closet or urinal ...... ......
(d) in respect of each fixed bath filled by means
of a tap, valve or pipe connected to the distri-
bution system;
(i) not exceeding 100 gallons capacity ...... ......
(ii) exceeding 100 gallons capacity but not
exceeding 300 gallons capacity ...... ......
(iii) exceeding 300 gallons capacity but not
exceeding 600 gallons capacity ...... .....
(iv) exceeding 600 gallons capacity
"For the purpose of this paragraph the
capacity of a bath shall be measured to the
level of the overflow.
$2.00 p!r annum.
5 cents per annum
per gallon of
capacity;
6 cent, per annum
per gallon of
capacity;
8 cents per annum
per gallon of
capacity;
10 certs per annum
per gallon of
capacity;
5. Rules as to charges under Regulations 3 and 4. The annual charges
specified in Regulations 3 and 4 shall be payable in respect of the period
1st January to 31st December of each year (both days included), or any
part of the said period in which the circumstances giving rise. to liability to
the charge exist, of each year: Provided that Where such circumstances
exist during a part only of the period a rebate or refund shall be made of
one-twelfth of the charge for each complete month during the peri.cd in which
the circumstances did not exist.
6. Regulations as to Metered supplies. The following charges shall be made
for water supplied by meter:-
A. Supplies in Distribution Areas.
(i) in respect of any human dwelling within a
quarter of a mile of a public stand-pipe which
is not, in the opinion of the Superintendent
of Works, the premises of a charitable insti-
tution ...... ...... .. ...... .. ...... ...... 20 cents per 1,000
gallons,
The above charge shall be subject to the
following free allowances:-
(a) in the case of a separately serviced build-
ing occupied as one human dwelling ...... 8000 gallons of
water supplied
In any year.
No. 17.
Water Distribution.
119
Water Distribution.
(b) in the case of a separately serviced build-
ing occupied as more than onae human
dw selling ............ ......
(c) in the case of human dwellings which
obtain their water supply from metered
stand-pipes ,on private land ......
The Superintendent of Works may reduce
proportionately any free allowance of water
in cases in which the allowance fails to be
made for part only of a year.
For the purposes of this paragraph the
word "'year" means a period in respect of
which an annual account for water sup-
plied' by meter is made out by the Super-
intendent of Works and. the word "dwelling"
includes servants' quarters, outhouses and any
appurtenances to such dwelling.
(ii) in respect of supplies to institutions which in
the opinion of the Superintendent of Works,
are charitable institutions ... .... ......
Provided that there shall be allowed free
in respect of each separately metered institu-
tion such total quantity of water as is equiv-
alent in the opinion of the Superintendent of
Works, to 51/ Vgallons per,inmate per day;
(iii) in respect of supplies to dairies ... ..... ......
(iv) in respect of other domestic supplies within one
quarter mile of a public stand-pipe
Such gallonage of
watcr supplied in
any 3 ear (being
not less than
8000 gallons) as
the Superintend-
ent of Works
may in each case
or class of case
approve.
Such gallonage of
water supplied in
any year through
the stand-pipe
(being not less
than 8000 gal-
lons) as the
Superintendent
of Works may in
each case or class
of cisse approve.
20 cents per 1000
gallons:
20 cents per 1000
gallons,
20 cents per 1000
gallons;
No. 17.
1955.
No. 17. Water Distribution. 1955.
(v) in respect of other non-domestic supplies, and
in respect of all other supplies to premises
which are rot within one quarter of a mile of.
a public stand-pipe ...... ...... ...... ...... 30 cents per 1000 ,
gallons;
B. Supplies outside Distribution Areas.
In respect of each separately metered supply not
being a supply subject to special agreement ...... 30 cents per 1000
gallons.
All charges per 1000 gallons shall be calculated per 1000 gallons or part of
1000 gallons.
7. Where a metered supply falls into more than one category described
in regulation 6, the Superintendent of Works shall have the right to treat
the whole supply as falling within the category which, in the opinion of the
Superintendent of Works, is most appropriate or to meter separately each
category.
8. Save as hereinafter provided all charges for water supplied by meter
shall be based on meter readings made by officers of the Public Works Depart-
ment and all meters shall be presumed to be accurate until the contrary is
proved.
9. Meters Ah ll be read at such times as the Superintendent of Works
may direct. Whenever a meter is read, a memorandum of the reading and
of the precediirg reading shall be served on the owner of the premises.
10. (1) If a meter is found to be out of order or if it be removed for
repairs or alterations, the fact shall be noted in the memorandum referred
to. in the nex1 preceding regulation.
(2) On fixing a new meter or refixing the old meter a second memoran-
dum shall be handed to the occupier of tle premises.
(3) The consumption for the time during which the service was without
a meter shall be calculated according to the average daily rate of consumption
that obtained immediately preceding the removal of the meter during the period
between two successive readings whilst the meter was in good order.
11. If the owner of any premises supplied by meter doubts the accuracy
of the meter, then the meter shall, on demand, be tested by the Superin-
tendent of Works. The results of the test shall be binding both on the Super-
intendent of Works ,and on the owner, and the quantity of water indicated by
the meter as consumed since the immediately preceding reading shall be
corrected according to the results of the test.
12. In the event of a test being made in accordance with the provisions
of the next preceding regulation, if the meter be found to indicate correctly
within 2 per cent. then a charge of two dollars shall be paid oe the Super-
intendent of Works by the owner for testing: Provided that it shall be lawful
for the Superintendent of Works to remit such charge in any case for just
cause.
13. All meters shall be provided by, and be under the solo control of
the Superintendent of Works. who shall determine the positions of the meters
and have access thereto at all times.
No. 17. Water Distribution. 1955.
14. No rent shall be charged for meters.
15. The Superintendent of Works shall not be responsible for any damage
caused to the owner's property through accident to the meter or any connect-
ions.
16. Charges for repairs to meters necessitated by damage which in the
opinion of the Superintendent of Works is due to any wilful act or to negli-
gence shall be paid for by the owner of the premises in which the meter is
fixed.
17. No charge shall be made for fixing a meter in position to an unmetered
service in existence at the commencement of tlese Regulations, but the cost
of fixing a meter in position in any other case, and the cost of shiftfng a meter
at the request of the owner shall be a charge payable by the owner.
18. Dates on which Rates, Charges and Meter rents are due and payable.
The general water rate, the water service rate, the charges leviable under
regulations 3 and 4, shall be due and payable-
(a) where the premises, fittings, or coia.t ivances are On the 30th June
liable to the rate or charge from the beginning of of th- said
January of the period for which ine rate or perio-
charge is leviable and, in the case 01 a rate, the
annual value of the premises is the amount
shown in respect thereof in the current tax roll;
(b) in other cases (including a rate payable' in respect One month after
of an increase in the annual value of premises); .the service on
the owner of a
notice of de-
mand.
19. The charged payable by virtue of, regulation 6 shall be due any payable
on the 1st day of July of each year, provided that a notice of demand shall have
been served on the owner not later than one month before that dale and, if a
notice ci demand shall not have been so served, shall be due and payable one
month after service on .the owner of a notice of demand.
20. (1) Service of notices. Any notice required or authorised by the Water
Distribution Ordinance, 1955, or any Ordinance amending or replacing the same,
or any regulations thereunder, to be served on the owner of any premises may
be served-
(a) by delivering it to the owner, or
(b) by delivering it to any person on the premises or to any person at the
usual or last known place of abode or business of the owner, or
(c) by sending it in a registered letter addressed to the owner at his
usual or last known place of abode or business, or at the premises,
or
(d) in the case of an incorporated company or body, by delivering it to
the secretary or clerk of the company or body at its registered or
principal office or sending it in a registered letter addressed to the
secretary or clerk of the company or body at that office, or at the
premises, or
No. 17. Water Distribution. 1955.
(e) in the case of a firm by delivering it to any person at the usual or
last known place of business of such firm or by sena:ng it in a
registered letter addressed .to that firm at its usual or last known
place of business, or at the premises, or
(f) if service in any of the manners hereinbefore provided is impracti-
cable, by affixing. the notice, or a copy thereof, on the premises.
(2) For the purposes of this regulation, a notice shall be deemed to be
delivered to a person if it is left near him and his attention is, drawn to it.
(3) Service on any one of several co-owners or on any one of several part-
ners shall be good service on all such co-owners or partners.
(4) A notice shall be deemed .to be properly addressed if it is addressed
by the description of "The Owner" of the premises (naming the premises)
without further name or description. A
21. Public stand-pipes. No person shall bathe, or wash any clothes, or
wash any animal or vehicle in any street or public place within a distance
of thirty feet from a public stand-pipe with water taken therefrom.
22. No person shall-
(a) turn on any tap or cock thereby causing water to flow from a public
stand-pipe unless such water be received in a suitable receptacle
or be need for the immediate personal use of individuals;
(b) allow or cause water from a public stand-pipe to flow into a recep-
tacle which is overflowing or from which wafer is being emptied;
(c) obtain water from a public stand-pipe otherwise than by normally
operating the mechanism of 'he tap or cock fitted to such stand-
pipe.
23. General. No premises shall, except with the consent in v.riiing of the
Superintendent of Works,, have more than' one connection from any distributing
main.
24. No premises shall have any connection with the pipe or ary other fit-
tings of any other premises connected to any distributing main except with
the consent in writing of the Superintendent of Works and upon such terms
and conditions as the Superintendent of Works may impose.
25. No connection from a distributing main shall be, made to any premises
unless the owner shall have satisfied the Superintendent of Works that he has
provided, either by percolation or by suitable connection to a road drain or to
such other drain as may in the opinion of the Superintendent of Works be
suitable, adequate means of disposal of waste and sullage water.
26. It shall be lawful for the Superintendent of Works to disconnect or
suspend the supply of water to any baths if they be used in such a manner
as in his opinion gives rise or tends to give rise to waste of water or undue
consumption thereof, or if the consumption of water by such baths is preju-
dicial to the general supply.
27. The Superintendent of Works may refuse permission to connect any
or all baths to any distributing main 0or service pipe.
28. The system of Stores Accounts shall be as directed by the Treasurer.
123
No. 17. Water Distribution. 1955.
29. Orders for materials and stores and for work to be carried out by
contract shall be signed by the Superintendent of Works or .an officer
authorised by him.
30. Indents on the Crown Agents for Oversea Governments and Admin-
istrations shall be prepared and transmitted in accordance with the Colonial
Regulations and Financial Rules for the time being in force.
31. Annual General water rate. The annual general water rate leviable on
houses and lots of land shall be as follows:--
(a) without a private water service ...... ...... 3% of annual value;
(b) with a private water service, ...... ...... 1/2% of annual value.
32. Additional charges on premises with private water service. The addi-
tional annual charges leviable on premises with private water serf'ices shall be
as follows: -
(a) a pipe with a bore of 21/2 inches ...... ...... ..... ...... $48.00
(b) a pipe with a bore of 2 inches ...... ...... ...... ...... $36.00
(c) a pipe with a bore of 11/2 inches ...... ...... ...... ...... $28.00
(d) a pipe with a bore of 1 inch ...... ...... .. ..... $24.00
(e) a pipe with a bore of 3/4 inch ..... ...... .. ...... $16.00
(f) a pipe with a bore of 1/2 inch ...... ...... ..... $10.00
33. Any person who shall contravene or fail to comply with any of the
provisions of these Regulations shall be guilty of an offence and shall be liable
on summary conviction, to a fine not exceeding twenty-five dollar% .
34. The Central Water Distribution (Amendment) Regulations, 1951
(S.R. & 0. 1951, No. 67) are hereby revoked
Passed the Legislative Council this. 8th day of December, 1955.
0. E. LEIGERTWOOD,
Acting. Clerk of Legislative Council,
(J. 2/1950).
PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[Price $1.16.]
1955.
SAINT VINCENT.
No. 18 of 1955.
I Assent,
C. M. DEVERELL,
Governor.
13th January, 1956.
AN ORDINANCE to amend the Summary Conviction Offences
Orcinanca (Cap. 14) and to make further provision for the
prevention of Praedial Larceny.
['24th January, 1956. ]
Enacted by the LE'islature of Saint Vincent.
1. This Ordinance may be cited as the Summary Conviction
Offences (Praeaial Larceny) Ordinance, 1955.
2. In this Ordinance-
"owner" includes the tenant or person in actual posses-
sion of, and the manager or other person having
chief authority on any plantation or lands;
"praedial produce" means any cultivated plant, root,
fruit or vegetable production, used for the food of
man or beast, or for medicine, or for distilling; or
dyeing or in the course of any manufacture, and grow-
ing in any land whether open or enclosed.
3. Where any person shall be found upon or coming from
land upon which any praedial produce is grovm and shall then
and there have in his possession any such praedial produce, it
shall be lawful for the owner, his servant or agent, or for any
person acting by the order and in aid of such servant .or agent
to demand and take from the person so found for the use of the
Short titie.
Interpretation.
Persons found
upon or coming
from land on
which praedial
produce is
grown.
[ L.S. ]
Summary Conviction Offences (Praedial Larceny)
Questioning of
persons found
on land on
which praedial
produce is
grown.
Power to arrest
person carrying
praedial
produce.
No 48 of 1947.
No 4E of 1947.
owner such praedlal produce in his possession, and in case such
person shall not immediately deliver up the same he shall be
guilty of an offence against this Ordinance.
4. Where any person shall be found on any land upon
which any praedial produce is grown, it shall be lawful for the
owner, his servant or agent, or for any person authorised by
either of them to require the person so found forthwith to quit
the land whereon he shall be so found and to give his name and
place of abode, and in case such person shall, after being so
required refuse to quit such land or to give his name and place
of abode, or gives such general description as to his place of
abode as shall be illusory for the purposes of discovery, or wil-
fully continues or returns upon the land, he shall be guilty of
an offence against this Ordinance.
5. (1) Where any owner, overseer, agent, member of the
police force, rural constable or other person authorised under
the Police Ordinance, 1947, has reasonable cause to suspect any
praedial produce to have been stolen or unlawfully obtained,
it shall be lawful for-
(a) any owner, overseer or agent of any plantation or land
whereon praedial produce is cultivated, without warrant,
to apprehend and detain any person having in his pos-
session or carrying or conveying any such praedial pro-
duce in and upon any such plantation or land;
(b) any member of the police force, rural constable or other
person exercising the powers of constables by virtue of
the Police Ordinance, 1947-
(i) without warrant, to apprehend and detain any
person having in his possession or who shall be
found anywhere carrying or conveying any
praedial produce, or whom he may find in cir-
cumstances which give him reasonable cause to
believe that such person is guilty of an offence
in respect of praedial produce; and
(ii) to stop and examine, any horse or other beast
of burden or any motor vehicle, cart, wagon, or
other conveyance or any parcel or package of
any kind in the possession of any person, In
order to ascertain whether any praedial produce
is being conveyed thereon or therein.
(2) If any person liable to be apprehended under the pro-
visions of this section escapes from any person attempting to
apprehand him, or lets fall or throws away such praedial prod-
uce from his possession, or abandons the possession thereof, it
shall be lawful for any Magistrate upon application to him, to
No. 18.
1955.
129
Summary Conviction Offences (Praedial Larceny)
issue his warrant for the arrest of such person, and upon his
arrest such person shall be deemed to be a person apprehended
and detained within the meaning of this section.
(3) The application for a warrant under the last preceding
subsection may be made by any person named in sub-
section (1) (a) and (b) of this section who has actually made
or attempted to make the arrest.
6. Upon the apprehension or detention of any person under
the powers contained in section 5 of this Ordinance, such per-
son shall, together with all praedial produce so suspected to be
stolen or unlawfully obtained, and all beasts of burden and con-
veyances or articles used in carrying or conveying the same,
be taken as soon as conveniently may be, before a Magistrate
or placed in the custody of the Police:
Provided that a person so apprehended shall not on any
pretence whatsoever .be detained for a longer period than
twelve hours from the time of his apprehension until he shall
be brought before a Magistrate or placed in the custody of the
Police. If such person cannot be brought before a Magistrate
or placed in the custody of the Police within such twelve hours
as aforesaid then the person so apprehended shall be discharged
and may nevertheless be proceeded against for his offence by
summons or warrant and be tried summarily before a Magis-
trate under the provisions of the Summary Convictioh Offences
(Procedure) Ordinance, as .f no such apprehension had taken
place.
7. (1) When a person is convicted under this Ordinance
or under any of sections 39 to 42 and 54 to 58 of the Summary
Conviction Ofiences Ordinance, the Magistrate before whom
such person is convicted may order him to be placed under
special police supervision for a period to be specified in such
order not exceeding one year.
(2) An order placing a person under special police super-
vision under the provisions of this section mag be made in addi-
tion to or in substitution for any other punishment to which
such person may be liable, and when such an order is made in
addition to any sentence of imprisonment passed upon such
person, the period during which he shall be under special police
supervision shall commence immediately after the expiration
of such sentence.
8. (1) A person ordered in accordaiuc~ wiia me provisions
of section 7 of this Ordinance to be place unaer special police
supervision shall, during the period specified in such order com-
ply with the following requirements-
(a) he shall forthwith upon the commencement of such
period notify the officer in charge of the police station
Procedure
on arrest.
Cap 13.
Power of Court
to order
special police
supervision.
Cap 14.
Duties of
persons
ordered to be
placed under
special pollee
supervision.
No. 18.
195S.
130
No. 18. Summary Conviction Offences (Praedial Larceny) 1955,
nearest to his residence of the house or place in which
he resides;
(b) he shall not transfer his residence without the written
authority of the officer in charge /of such police station,
such authority not to be unreasonably withheld;
(c) he shall remain within the doors of his residence from
7.30 p.m. until 5.30 a.m. during each night unless excused
in writing from so doing on any particular occasion
by the officer in charge of such police station.
(2) Where such person is authorised in accordance with
the provisions of paragraph (b) of subsection (1) of this section
to transfer his residence he shall notify the officer in charge
of the police station, nearest the place in which he will reside
of the house or place in which he will reside.
(3) A person ordered in accordance with the provisions of
section 7 of this Ordinance to be placed under special police
supervision may be visited at his residence by the police from
time to time during the period specified in the order.
(4) It shall,be the duty of any Magistrate placing a person
under special police supervision in accordance with section 7 (1)
to explain at the time of conviction the effects of this section.
penalty. 9. (1) Any person subject to the restrictions specified in
Penalty. subsection S1) of section 8 oi this Ordinance who fails to comply.
with the piovisions of that section shall be guilty of an offence
against this Ordinance and on summary conviction thereof
shall be liable to a fine not exceeding two hundred and fifty
dollars and in default of payment to imprisonment with or with-
out hard labour for a term not exceeding six months.
(2) Any person guilty of an offence against this Ordinance
for which no penalty is expressly provided shall be liable on
summary conviction to a fine not exceeding one hundred dollars
or to imprisonment with or without hard labour for a term not
exceeding three months.
10. (1) The Gbvernor in Council may by Order empower
Compounding the officer in charge of any police, station to accept with the con-
praedial sent of the owner of the plantation or land mentioned in section
offence. .5 of this Ordinance, from any person against whom a reason-
able suspicion exists that he has committed an offence in re-
spect of any praedial produce growing on such plantation or
S land and who has been apprehended under the said section and
taken to the said police station, a sum of money not exceeding
fifty dollars by way of compensation for the offence which such
person is suspected to have committed.
(2) On payment' of such sum the person apprehended shall
be discharged and no further proceedings shall be taken against
him in respect of such suspected offence.
No. 18. Summary Conviction Offences (Praedial Larceny) 1955.
11. All moneys except costs received under this Ordinance Praedial
shall be paid into the Treasury to the credit of a fund to be Larceny
called the "Praedial Larceny Fund" and no such moneys shall Fund.
be paid out of the said fund unless authorised by the Governor
as compensation for loss suffered by a producer when the offend-
er has been convicted or the owner whose consent has been
obtained under subsection (1) of section 10:
Provided- that it shall be lawful for the Magistrate to order
any person convicted of any offence under this Ordinance or Cap 14.
under the Summary Conviction Offences Ordinance to pay com-
pensation to the owner of the produce destroyed, damaged,
stolen or unlawfully obtained and such compensation shall be
dealt with as costs.
Passed the Legislative Council this\ 8th day of December, 1955.
0. E. LEIGERTWOOD,
Acting. Clerk of Legislative Council.
(J. 31/1948).
PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 20 cents. ]
1956.
SAINT VINCENT.
No. of 1956.
BILL FOR
AN ORDINANCE further to amend the Excise Ordinance (Cap.
188).
Enacted by the Legislature of Saint Vincent.
1. This Ordinance may be cited as the Excise (Amendment)
Ordinance, 1956, and shall be read .as one with the Excise
Ordinance, as from time to time amended, which Ordinance, as
so amended, is hereinafter referred to as the principal Ordinance.
2. Section 3 of the principal Ordinance, as replaced by section
2 of the Excise (Amendment) Ordinance, 1954, is hereby further
amended by the deletion'of the words sixteen shillings arid two
pence in lines five and six in subsection (2) thereof and the
substitution therefore of the words four dollars and thirty-six
cents ".
3. The Excise (Amendment) Ordinance, 1944, is hereby
repealed.
Passed the Legislative Council this
day of
Short title.
Cap. 188.
Section 3 of
principal
Ordinance
amended.
No. 33 of 1954
Repeal of
Ordinance
No. 17 of 1944.
, 1956.
Clerk of Legislative Council.
2
No. xcise (Amendment). 1956.
OBJECTS AND REASONS.
The object of this Bill is to increase the Excise Duty on all rum made within
the Colony from $3.88 to $4.36 per proof gallon.
2. The opportunity is also taken to repeal Ordinance No. 17 of 1944 which had
been left on the Statute Books inadvertently, when Ordinance No. 33 of 1954 had
been passed.
KEITH ALLEYNE,
Crown Attorney.
4 Crown Attorney's Chambers,
Court House,
Kingstown,
20th December, 1954.
SAINT VINCENT.
No.
of 1956.
BILL FOR
AN ORDINANCE to ratify the Agreement
November, 1954, entered into between
certain Caribbean Territories and the
tion Company Limited.
r
of the First day of
the Governments of
West Indies Naviga-
I
Enacted by the Legislature of Saint Vincent.
1. This Ordinance may be cited as the British Chribbean
Shipping (Agreement) Ordinance, 1955.
2. In this Ordinance-
"the Agreement" means the Agreement set out in the
Schedule to this Ordinance;
"the Company" means the West Indies Navigation Com-
pany Limited referred to in the Agreement.
3. The Agreement is hereby ratified and confirmed.
S4. The Treasurer shall, on the Warrant of the Governor,
pay out of the revenue and other funds of this Colony, in accord-
ance with the terms and conditions of the Agreement, the
proportion of the annual sum specified in the Third Schedule
to the Agreement as being payable by the Government of this
Colony to the Company.
Short title.
Interpretation.
Ratification of
Agreement.
Contribution 1
subsidy,
No. British Caribbean Shipping (Agreement). 1956.
SCHEDULE.
APPROVED ON BEHALF OF THE APPROVED ON BEHALF OF THE
GOVERNMENTS. COMPANY.
(Sgd.) C. DE L. INNISS, (Sgd.) STANLEY S. STONE,
Attorney General. Conveyancer.
AGREEMENT.
AN AGREEMENT made the first day of November, 1954, between His Excellency
Major-General Sir Hubert Elvin Rance, G.C.M.G., G.B.E., C.B., Governor and
Commander-in-Chief of the Colony of Trinidad and Tobago acting herein for and
on behalf of the Gvernments of Barbados, British Guiana, Jamaica, Antigua,
Montserratt, St. Kitts-Nevis-Anguilla, Trinidad .and Tobago, Dominica, Grenada,
St. Lucia and St. Vincent (hereinafter called "the Governments") having been
duly authorised for the purpose by the Governments of the one part and West
Indies Navigation Company Limited a company incorporated in Trinidad under
the provisions of the Companies Ordinance Chapter 31, No. 1, of the Laws of the
Colony of Trinidad and Tobago and having its registered office at 72-74, South
Quay, in, the City of Port-of-Spain in the Island of Trinidad (hereinafter called
"the Company") of the other part.
WHEREAS it is desirable to improve the communications between the territories
of the British West Inc'ies within the jurisdiction of the Governments for the
benefit of the citizens thereof and their mutual trade and in particular to
establish .a shipping service in addition to the sea communications already in
existence:
AND WHEREAS the Governments have agreed between themselves to contribute
with the assistance for the time being of Her Majesty's Government in the United
Kingdom in the proportions specified in the Third Schedule hereto towards the
annual sum payable as hereinafter provided by the Governments to the Company:
Now IT Is HEREBY AGREED as follows:-
1. This Agreement may be terminated by either party.giving to the other
six months notice in writing expiring on or at any time after the third anniver-
sary of a date fifteen days prior to the first sailing from Port-of-Spain in accord-
ance with the first Schedule to this Agreement (hereiafter called "the commence-
ment date").
2. This Agreement shall not be assigned or sub-let to .any person or Company
without the previous consent in writing of the Governments which consent, shall
not be unreasonably withheld.
3. (1) The Company shall introduce provide and maintain a regular service
between the schedule ports for passengers and cargo (hereinafter called "the said
services") and shall prosecute the voyages with despatch and shall use its best
endeavours to complete fifteen and one half round voyages per annum between
the schedule ports in accordance with the time schedule prescribed by.the First
Schedule hereto: Provided that
3
No. British Caribbean Shipping (Agreement). 1956.
(i) the Company may at its discretion but subject to the said services
being substantially maintained route the ship or ships engaged there-
on (hereinafter called "the said ships") to call at any unscheduled
ports enroute to embark or disembark passengers and/or to take
on or unload cargo;
(ii) for the purpose of dry docking or other measures to maintain the
efficiency of the said ships they may be diverse to any unscheduled
port;
(iii) the Company shall in an emergency or if the best interests of the
service as a whole so require have full power as a temporary measure
to varn the route of the said ships and to order or forbid them to
enter any port.
In the event of any such variation of the said services the Company
shall inform the Governments forthwith and shall go so far as is
reasonably practicable operate feeder services so as to mitigate any
inconvenience to users of the service caused by such variation and
shall use its best endeavours to restore the normal' service with the
minimum delay;
(iv) in the event of the facilities of any port of call not enabling the
said ships to be turned round in accordance with the normal custom
of the port having regard to the nature of the service, the Company
while those circumstances continue may omit, interrupt or modify
the service to that port and the Company shall forthwith inform
the Governments of the circumstances.
(2) The Company shall be entitled, subject to the provisions of Clause 9,
to charge such passenger fares, freight rates and other charges as may from time
to time be prescribed by the Company. In fixing such fares, rates and charges
the company shall pay due regard to any representations from time to time made
by the Governments 'with respect thereto: Provided that the Comlany shall
be under no obligation to grant any special or concessionary rates for these trans-
portation of passengers or cargo.
4- (1) The Company shall provide for the said services S.S. "Wing-sang"
the specification of which is set out in the Second Schedule hereto and shall take
all practicable measures to ensure that she and any ship or ships provided by the
Company in substitution for her for the purpose of the said services are kept
in the condition necessary for the efficient performance thereof: Provided that
subject to the provisions of this Agreement if for any reason other than
marine casualty (howsoever caused) or the consequences of any hostilities or war-
like operations S.S. "Wingsang" shall not be available for the said services the
Company shall substitute therefore to the satisfaction of the Governments
another ship or ships to provide as nearly as possible similar services and
facilities.
(2) In the event of any suspension of the said services arising from the
failure to provide or delay in providing for the said services S.S. "Wingsang"
or another ship or ships as provided by sub-clause (1) of this clause, the liability
of the Governments for payment of the annual sum payable under the provisions
of Clause 6 hereof shall be suspended during the period of such suspension and
the amount of such annual sum shall abate pro rata. Suspension or abatement
of the annual payment in such circumstances shall not prejudice the question
No. British Caribbean Shipping (Agreement). 1956.
whether the suspension of the said services constitutes a contravention of this
Agreement but the amount by which the said annual payment shall have been
abated in pursuance of the foregoing provision of this subclause shall be set off
against any damages accruing to the Governments by reason of such suspension.
(3) In the event of any of the said ships suffering marine casualty (how-
soever caused) or being damaged in consequence of any hostilities or warlike opera-
tions the Company shall use its best endeavours to procure her restoration to
condition as aforesaid with the minimum delay.
(4) If in consequence of .any such marine casualty or of hostilities, war-
like operations, revolution or civil commotion the said services are interrupted or
suspended the liability of the Governments for payment of the annual sum payable
under the provisions of Clause 6 hereof shall be suspended during the period of
such interruption or suspension and the amount of such annual sum shall abate
pro rata and the Company shall not in respect of any such interruption or
suspension be subject to any liability to the Governments or to any penalty
save such abatement as aforesaid.
(5) If the period of any one interruption or suspension of the said
services in consequence of a marine casualty or of hostilities, warlike operations,
revolution or civil commotion shall continue for six months either party may
thereupon give to the other notice' in writing determining this Agreement forth-
with and upon service of such notice the Company and the Governments shall,
cease to be under any obligation hereunder but without prejudice to the rights
and liabilities of the respective parties at the date of such determination.
(6) If in consequence of any such marine casualty or hostilities or war-
like operations any of the said ships is lost or is so extensively damaged as
to be likely to be out of service for a period upwards of six months the Company
shall as soon as such loss or the extent of such damage has been established
take all reasonable steps to provide in substitution therefore a ship or ships
capable of affording substantially the same service: Provided that if notwith-
standing .all reasonable efforts on the part of the Company it shall prove'imprac-
ticable within six months of such loss or damage to procure such substitute ship
or ships on reasonable terms the provisions of sub-clause (5) of this Clause relating
to determination of this Agreement shall apply. *
(7) Where 'he Governments have already made in advance a payment
in respect of the quarter during which an interruption or suspension of the said
services of the nature contemplated by subclause (2) or subclause (4) of this
Clause occurs, then except in cases where a refund of such payment or part
thereof is made in pursuance of Clause 6 of this Agreement, the sum paid in
respect of the unexpired period of the quarter after the date of the interruption
or suspension of the said services shall be carried forward and applied towards
the payment due by the Governments for the next following quarter in respect
of which the Governments are liable in pursuance of this Agreement to pay
an instalment of the annual sum payable under the provisions of Clause 6 hereof.
(8) The routine dry docking and routine Mnaintenance of any of the said
ships in the course of its regular run or the partial interruption of the said
services occasioned by the exercise of the Company's powers of temporary inter-
rupt.on under Clause 3 (1) (iii) and 3 (1) (iv) hereof shall not be regarded as
constituting an interruption or suspension of the said services for the purposes
of subclause (2), (4) or (7) of this Clause.
No. British Caribbean Shipping (Agreement). 1956.
5. The Company shall supply to the Governments for their information:-
(a).the Company's trading account together with its audited Balance
Sheet and Profit and Loss -account as soon as possible after the end
of its financial year;
(b) a copy of any charter or charters under which the said ships or any
of them have been chartered by the Company and which is or
are for the time being in force;
(c) at the request of the Governments at any time any particulars which
the Governments may reasonably require relative to the said services
including details of revenue and expenditure: Provided that the
Company shall not be called upon to furnish information which
cannot readily be ascertained by reference to records maintained by
the Company in the ordinary course of its business.
6. In consideration of the maintenance of the said services and of com-
pliance with the terms and conditions of this agreement by the company the
Governments shall make to the company a payment at the rate of 50,000 per
annum; payable through the Crown Agents in London in equal quarterly instal-
ments in advance on the first days of January, April, July and October, the first
payment to be made on the date df the first sailing from Port-of-Spain after the
commencement date on a proportionate basis in respect of the period from the
commencement date to the end of that quarter.
In the event of the determination of this Agreement the Company shall
refund to the Governments any sum paid in respect of any unexpired period
of any quarter after the date of determination or the date of interruption or
suspension of the said services under Clause 4 (4) hereof as the case may be.
7. The Governments shall in the interests of a punctual service take all
steps that lie within their power:-
(a) to avoid hindrance or delay to or interruption of the regular and
punctual operation of the facilities at the scheduled ports;
(b) to procure that'the reasonable requirements of the Company as
to facilities for passenger, cargo and ship clearance inwards and
outwards, cargo assembly, lighterage, navigational aids and other
matters incidental to the arrival, turn-round and departure of
the said ships at the scheduled 'ports are met so as to permit of
the maintenance of a punctual service.
8. Subject to the provisions of clause 3 hereof the company shall have
sole control of the cargo and passenger schedules of the said ships and of
all the bookings and arrangements relating thereto and shall at all times have
full power to route and re-route the said ships and to order or forbid them to
to enter any port and shall in all such cases inform the Governments forthwith:
Provided that the Company shall at all times pay due regard to the cargo and
passenger needs of the scheduled ports and in particular to those of them situate
in the Windward and Leeward Islands.
9. The Company shall receive for conveyance as priority cargo on the ship
or ships operating the said services all such letter and parcel mails as shall be
tendered to them by an accredited Officer or Agent of the Postal Department
of any of the Governments, and shall deliver all such mails at their destination
No. British Caribbean Shipping (Agreement). 1956.
to an accredited Officer or Agent of any such Department. The Company
shall make reasonable provision to the satisfaction of the Governments- for the
safety and protection of any mails whilst in the Company's custody. The Gov-
ernments shall remunerate the Company for the conveyance of mails as afore-
said at such rates as prevail from time to time for the carriage of mails by sea
in the Caribbean area.
10.' The ship or ships providing the said services and any feeder services
mentioned in clause 3 (1) (iii) shall be manned so far as is practicable by West
'Indian crews with the exception of deck and engine officers who are members
of the permanent staff of the owners of the said ships.
11. (1) The Company shall procure the payment of rates of wages and
observance of hours and conditions of labour not less favourable than those
commonly recognized in respect of persons employed in a similar capacity and
in similar circumstances in the area where employment takes place.
(2) Where practicable the rates of wages and the general conditions of
employment shall be fixed by collective agreement between the employers' and
workers' organizations representative of the workers' concerned.
12. The Governments may request the Company to suspend the said ser-
vices' and to employ'the said ships or any of them for some other purpose and
the Company shall forthwith comply with such request unless compliance involves
a contravention of the provisions of the charter under which the ship in question
has been chartered in which event the Company shall have absolute discretion
to comply with or refuse to comply with such request: Provided that if the
Company shall comply with such request and whether or not compliance in-
volves such a contravention as aforesaid the Governments shall indemnify the
Company in the amount of any liability, loss, damage or penalty howsoever
accruing suffered or incurred in consequence of such compliance and shall pay
to the Company reasonable remuneration for the services performed in com-
pliance therewith.
13. Representatives of the Governments and of the Company shall meet
from time to time at intervals of not more than twelve months to review the
said services with a view to making such adjustments and modifications thereto
as in the light of experience of traffic requirements, may appear desirable in the
best interest of the service as a whole. Such meetings shall be convened by the
Executive Secretary for the time being of the Regional Economic Committee of
the British West Indies, British Guiana and British Honduras (hereinafter called
"the Executive Secretary") at the instance either of the Governments or the
Company.
Nothing in this Clause shall restrict the right of the parties to amend
the First Schedule hereto from time to time by mutual agreement.
14. (1) The said ships, shall have the liberty to comply with any orders
or directions .as to departure, arrival, routes, ports of call, stoppages, destinations,
delivery or otherwise, howsoever given by the Government of the, United King-
dom or. any department thereof or any person acting' or purporting to act with
the authority of such Government or of any department thereof or by any
Committee or person having under the terms of the War Risks Insurance on
the said ships the right to give such orders or directions and if, by reason of
British Caribbean Shipping (Agreement).
and in compliance with any such orders or directions anything is done or omitted
the same shall not be deemed a breach of any covenant or condition of this
Agreement.
(2) In the event of hostilities in which Her Majesty is engaged in conse-
quence of which the said services are interrupted or suspended this Agreement
may be determined by not less than six months previous notice in writing given
either by the Governments to the Company or by the Company to the Govern-
ments.
15. The Company shall procure that at all times all the relevant provisions
of the Merchant Shipping Act 1894 or any statutory modification or re-enactment
thereof are complied with and shall procure the maintenance of a valid passen-
ger licence in accordance with the current legislation in force in the British
West Indies.
16. (1) The Executive Secretary shall be the representative of the Govern-
ments and each of them for all the purposes of this Agreement except the
signing thereof, and the Company shall be entitled to regard him as fully em-
powered to act for the Governments and each of them for all such purposes and
to regard all things done or acts performed by him in pursuance of such purposes
in the name of or on behalf of the Covernments or any one or more of them' as
duly and effectively done or performed by the Governments or such one or more
of them as the case may be and any notices under this Agreement may be served
on him by the Company or by him on the Company and if so served shall be
deemed to be duly served on the Governments or the Company as the case may be.
(2) A notice under this Agreement shall be deemed to have been duly
served-
(a) on the Executive Secretary, if the Company shall deliver the same,
addressed to the Executive Secretary at his office, Hastings House,
St. Michael, Barbados;
(b) on the Company, if the Executive Secretary shall deliver the same,
addressed to the Secretary of the Company, at the registered office
of the Company, Port-of-Spain, Trinidad.
17. Any dispute arising out of this Agreement shall be settled by Arbitration
under the provisions of the Arbitration Act, 1950, of the United Kingdom. Any
such arbitration shall be held at any place in the West Indies or in the United
Kingdom which may be mutually agreed between the parties or in default of
agreement at any place in the West Indies or in the United Kingdom which may
be decided by the arbitrators.
18. In this Agreement-
"scheduled port" means a port mentioned in the First Schedule hereto,
as amended from time to time by mutual agreement of the parties
hereto and operative for the time being.
"unscheduled port" means a port other than .a scheduled port.
19. This Agreement shall be governed in all respects by the law of England.
1956.
No. British Caribbean Shipping (Agreement). 1956.
FIRST SCHEDULE.
The Company shall provide an inter-island service at approximately three
weekly intervals from Trinidad (Port-of-Spain) to Grenada (St. George's), St.
Vincent (Kingstown), Barbados (Bridgetown), St. Lucia (Castries), Dominica
(Roseau), Montserrat (Plymouth), Antigua (St. John's), St. Kitts (Basseterre),
and Jamaic'i (Kingston), returning to Trinidad (Port-of-Spain) by the same
route.
SECOND SCHEDULE.
S.S. "WINGSANG."
Ship's Particulars:
Built ...... ...... 1938
Gros Tons ....... ...... 3,560
Net. Reg. Tons ...... 1,941
Signal Letters ...... VRBR
Official No. ...... ...... 159488
Fitted with Radar.
Dimensions:
328' 3" O.A.; 310' B.P. 48' th. Md.
27'.1 Depth Md.
Light Draft: 9' 5".
Speed: Approximately 14 Knots on 22. tons of good quality furnace oil.
4 Hatches.
Derricks at No. 1. Two @ i tons.
No. 2. Three @ 5 tons and one @ 20 tons.
No. 3. Two @ 5 tons.
No. 4. Two @ 5 tons.
Stowage Particulars:
Bale capacity: Total about 169,020 cubic feet which includes refrigeration space
for approximately 2,600 cubic feet of cargo and the necessary machinery
space and bagage room of 927 cubic feet.
Mail Room-1,440 cubic feet Opens into No. 2T/D and can be used for cargo.
Strong Room-700 cubic feet. J
Deadweight capacity for cargo about 2,007 tons (allowing for 345 tons bunkers,
358 tons Fresh' Water, 120 tons stores and dunnage and 200 tons permanent
ballast) on Max. Draft 18' 6".
Total summer deadweight capacity 3,030 tons.
Average immersion: 26 tons per inch.
Fuel Oil Bunker capacity: 345 tons.
Fresh Water tank capacity: 358 tons.
Passenger accommodation:
Accommodation for 20 first class passengers.
Accommodation for 35 second class passengers.
Berthed accommodation for 46 passengers in the poop.
British Caribbean Shipping (Agreement).
370 passengers may be carried in 'tween decks aft if unberthed or 150 if berthed
provided cargo is not carried in these spaces;
15f deck passengers on the. weather deck aft according to seasons and cargo
commitments.
The foregoing will be subject to such variation as may be determined by the West
Indies Passenger Regulations, and to any amendments .from time to time
that may be determined at any renewal of the passenger licence.
THIRD SCHEDULE.
Territory.
Proposed basis for
apportioning
shipping
contributions.
United Kingdom
Barbados
British Guiana.
Jamaica
Antigua
St. Kitts
Montserrat ......
Trinidad
Grenada
St. Lucia
St. Vincent ......
Dominica
Government ..... 10,000
.... 4,400
...... ...... ...... 1,000
...... ...... ..... 15,350
.. ...... .... 850
1,250
...... .... .... 150
...... .... 14,250
..... 1,000
..... 750
...... .... ...... 500
500
%
20.0
8.8
2.0
30.7
1.7
2.5
.3
28.5
2.0
1.5
1.0
S1.0
50,000 100 %
IA WrrNass WHEsorF the said SIR HUBERT ELVIN RANCE, G.C.M.G., G.B.E.,
C.B., as agent aforesaid, on behalf of the several Governments of Barbados, British
Guiana, Jamaica, Antigua, Montserrat, St. Kitts-Nevis-Anguilla, Trinidad and
Tobago, Dominica, Grenada, St. Lucia and St. Vincent has hereunder set his
hand, and the Company has caused the common Seal of the Company to be
hereunto affixed on the respective dates hereinafter appearing:
1956.
I
British Caribbean Shipping (Agreement).
Signed by SIR HUE.'RT ELVrN RANCE, at Port-
of-Spain, Trinidad, EW.I., this First day of
November, 1954, in the presence of
(Sgd.) SAMUEL A. HUGGINS
of Red House, Port-of-Spain,
Trirnidad, Crown Solicitor.
THE COMMON SEAL of the West Indieq Navi-
gation Company Limited was hereunto affixed
-at Port-of-Spain, Trinidad, B.W.I., this First day
of November, 1954, by FITZ WILLIAM STONE &
ALCAZAR the Secretaries of the Company in the
presence of RAYMOND EDWARD 3HEA! a Director of
the said Company in pursuance of a, resolution
of the Directors of the Company and in confor-
mity with the Articles of Association of the
Company and in.the presence of
(Sgd.) P. S. E. STONE,
17 St. Vincent Street, Portof-
Spain, Trinidad, Solicitor.
Passed the Legisiative Council this
(Sgd.) H. E. RANCE.
(SEAL)
(Sgd.) R. E. SHEA,
Director.
(Sgd.) FITZWILLIAM STONE
& ALCAZAR,
Secretaries.
day of
1956.
Clerk of Legislative Council.
OBJECTS AND REASONS.
The objects of this Bill ar.-
(a) to give statutory validity to the Agreement entered into between the
Governments of the Colony and of other British Caribbean territories on
the one hand and the West Indies Navigation Company Limited on the
other for the provision of a steamship service linking the said territories;
(b) to provide ior the payment, on the warrant of the Governor, of the
proportion o0 the subsidy to the Company payable under the Agreement
by the Government of the Colony.
B. F. DIAS,
Acting Crown Attorney.
Crown Attorney's Chambers,
Court House,
Kingstown,
30th June, 1055.
1966.
SAINT VINCENT.
No. of 1956.
BILL FOR
AN ORDINANCE further to amend the Jury Orinaiice, 1938.
Enacted by the Legislature of Saint Vincent.
1. This Ordinance may be cited as the Jury (Amendment)
Ordinance, 1956, and shall be read as one with the Jury Ordinance,
1938, (hereinafter referred to as the principal Ordinance) and
all amendments thereto.
2. Section 4 of the principal Ordinance is hereby further
amended by inserting a semi-colon immediately after the word
"subject" appearing in the first line of condition (c) therein and
deleting therefrom the remaining words and stop of the said
condition.
Passed the Legislative Council this
day of
Short title.
No. 9 of 1938.
Section 4 of
principal
Ordinance
further
amended.
1956.
Clerk of Legislative Council.
(J. 96/1948.)
OBJECTS AND REASONS.
The object of this Bill is to provide that aliens be no longer required or
eligible to serve on juries.
B. F. DIAS,
Acting COrnin Attorney.
Crown Attorney's Chambers,
Court House,
Kingstown,
5th November, 1955.
SAINT VINCENT.
No. of 1956.
BILL FOR
AN ORDINANCE
ance, 1948.
further to amend the Sugar Export Cess Ordin-
Enacted by the Legislature of Saint Vincent.
1. This Ordinance may be cited as the Sugar Export Cess
(Amendment) Ordinance, 1956, and shall be read as one with the
Sugar Export Cess Ordinance, 1948, (hereinafter referred to as
the principal Ordinance) and all .amendments thereto.
2. Section 3 of the principal Ordinance as amended by
section 2 of the Sugar Export Cess (Amendment) Ordinance, 1952,
is hereby repealed and replaced as follows:-
Cess of $13.20 "3. There shall be levied and paid on all sugar
per ton. manufactured in the Colony and exported there-
from at the Commonwealth negotiated price a
cess at the rate of thirteen dollars and twenty
cents on every ton."
Passed the Legislative Council this day of
Short title.
No. 32 of 1948.
Section 3 of
principal
Ordinance
repealed and
replaced.
No. 9 of 1952.
1956.
Acting Clerk of Legislative Council.
(F. 16/1949.)
2
No. Sugar Export Cess fAmendment). 1956.
OBJECTS AND REASONS.
The object of this Bill is to provide that a Sugar Export Cess shall be paid
only on that part of the Colony's sugar which is exported at the Commonwealth
negotiated price, thereby relieving manufacturers of the burden of paying a
cess on the far less advantageous open market price.
B. F. DIAS,
Acting Crou n Attorney.
Crown Attorney's Chambers,
Court House,
Kingstown,
12th November, 1955.
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