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 Antigua, Ordinance, no. 23 of 1956:...
 Antigua, Ordinance, no. 24 of 1956:...














Group Title: Antigua, Montserrat and Virgin Islands gazette.
Title: The Antigua, Montserrat and Virgin Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076853/00013
 Material Information
Title: The Antigua, Montserrat and Virgin Islands gazette
Physical Description: 12 v. : ; 25-35 cm.
Language: English
Creator: Antigua
Montserrat
British Virgin Islands
Publisher: Govt. Printer.
Place of Publication: St. John's? Antigua
Frequency: weekly
completely irregular
 Subjects
Subject: Law -- Periodicals -- Antigua and Barbuda   ( lcsh )
Law -- Periodicals -- Montserrat   ( lcsh )
Law -- Periodicals -- British Virgin Islands   ( lcsh )
Politics and government -- Periodicals -- Antigua and Barbuda   ( lcsh )
Politics and government -- Periodicals -- Montserrat   ( lcsh )
Politics and government -- Periodicals -- British Virgin Islands   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
 Notes
Dates or Sequential Designation: v. 1-12, no. 18; July 5, 1956-Mar. 30, 1967.
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076853
Volume ID: VID00013
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001667609
oclc - 17270322
notis - AHX9420
lccn - 58045856
 Related Items
Preceded by: Leeward Islands gazette
Succeeded by: Antigua official gazette
Succeeded by: Montserrat official gazette
Succeeded by: Virgin Islands official gazette

Table of Contents
    Main
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
    Antigua, Ordinance, no. 23 of 1956: Distribution of German Enemy Property Ordinance, 1956
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
        Page A-7
        Page A-8
    Antigua, Ordinance, no. 24 of 1956: Workmen's Compensation Ordinance, 1956
        Page B-1
        Page B-2
        Page B-3
        Page B-4
        Page B-5
        Page B-6
        Page B-7
        Page B-8
        Page B-9
        Page B-10
        Page B-11
        Page B-12
        Page B-13
        Page B-14
        Page B-15
        Page B-16
        Page B-17
        Page B-18
        Page B-19
        Page B-20
        Page B-21
        Page B-22
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        Page B-24
        Page B-25
        Page B-26
        Page B-27
        Page B-28
        Page B-29
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        Page B-40
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Full Text

49


SANTIGU, OTSERRAT
j.A 0 ",-. > =i ',.'-'


J- 1TURGT: ISLAiDI)S GAZETTE.

S.. published 6y authority.

VOL. 1. THURSDAY, 20r SEPT EMThE, I195(L No. 13.


VIRGIN II S LA DS.

AS-I-'rMENT passed under the Public Seal of the Vi. iL. Islands to the Adminis-
trator of the C any of the Virgin Islands of certain wers and authorities
vested in th.e Governor of the Leeward Island- by t 'e Leeward Islands
Letters Patent. ,1956.
K. WT. BLA ':B i; iHN L
Governor.
By His E~xscllncy Sir Kenneth Williamn Blackburne, a KiC-ht Com-
mander of the :.I t. Di-ting-uisihd Order of Saint Michael and Saint
George, an Officer o' the Most E ..-1 eti, Order of thi British Empire,
Governor and Commander in Chief of the -Leeward islands and Vice
Admiral of the same.
W-IEi, EAR hby Letters Patent passed und,-r the (Great :eal of tlh Helalnm I'rmamble.
constitution the Office of Governor and (Cormmander in (iii ,f of tlh, Leeward Islands,
bearing date at tWestminster the twentieth day of 0 uine, 195(;, tHer \'i jesty was pleased
to declare Her .royal will and pleasure to be, amongst: other things. in effect that the
Administrator of each C Government of that Colony except when the Governor, being there present, otherwise
directs and that for the purpose of so adminiistering the Gov ernment thereof, to do
within such Coloni so far :,s the same can be done therein, such tilings belonging to the
Office of Governor as the governor r may from time to time think lit to assign to such
Administrator :
AND 'V HE IEAS it appears to me to be expedient that the Administrator of
the Colony of the Virgin Islands be empowered to exercise within the said Colony, so far
as the same are exercisaible therein, the undermentioned powers and authorities, vested
in the Governor by the said Letters Patent.

NOW, THEREFO0i E, I do hereby assign to the Administrator for the time Assiignment
being of the Colony of the \iriin Islands the following powers and authorities, so far as fc"n
the same are exercisable therein, unless the Governor being present in the said Colony,
otherwise directs, that is to say:-

1. The power of requiring any person in the public service to take the Oath Oaths.
of Allegiance in the form set out in the First Schedule to the Leeward Islands Letters
Patent, 1956, together with such other Oath or Oaths s may from time to time be
proscribed by any laws in force in the Colony and the power of administering such Oaths
or of causing tlemn to be administered by some public officer.

2. The power- Appointments
(-t) with the advice of the Public Service Commission, of making appoint-
ments or promotions to any office in the public service to Class C posts as
described in Virgin Islands General Order No. 22 and in the case of teachers
to any office below the grade of graduate teacher; and

(b) of accepting the resignation of officers holding such appointments.

3. The power of granting- Le o
n absence.
(a) leave of absence to all public officers in the Colony in accordance with
the provisions of generall Orders for the time being in force, except in respect
of leave beyond the normal period as laid down in the said General Orders:
Provided that whenever the Administrator seeks leave himself, it shall be
necessary for the Governor's approval to be first obtained; and


A^ <+2-




50 THE ANTIGUA, MONTSEI1tAT AND VIRGIN ISLANDS GAZETTE [September 20, 1956

(b) leave of absence to the unofficial members of the Executive and
Legislative Councils of the Colony.
Disciplinary 4. The power-
Proceedings.. .
P(a) of taking disciplinary p;>c,., lijes under the 1i.- i,1;t for
Her Majesty's Colonial Service (hereinafter referred to as Colonial
Rl regulations ") for the time being in force and of imposing the appropriate
penalties (including dismissal) in respect of officers whom he is by para-
graph 2 of this Instrument empowered to appoint; and

(b) to interdict any officer in the public service of the Colony if he
considers that the public interest requires that such i.-icri' should cease
instantly to exercise the powers and functions of his office.
Increments 5. The power to approve the payment to any public niic,.-r of any increment
ofsaary. of salary in accordance with the provisions of Colonial Regulations for the time being
in force on the subject and to suspend, defer or stop such increment in accordance with
the provisions of General Orders.
Special 6. The power to sign Special Warrants for amounts not exceeding S Ito and
Warrants. also to sign Special Warrants in other cases for any amount when the expenditure has
been duly sanctioned by the Secretary of State or by the Governor:

Provided that in the exercise of this power due regard shall be had to the
special or any other instructions of the Secretary of State applying to the Colony while
the Colony continues to be grant-aided from United Kingdom funds:

And provided further that Special Warrants shall not in any event be signed
contrary to the provisions of Colonial RIegulations for the time being in force or of any
regulations substituted for or amending the same.

Imprest 7. The power to sanction 1mprests from public funds up to a maximum of
24'Wn 2 and to sign Imprest Warrants up to a similar uiount.

Advances. 8. The power to sanction advances from public funds up to a maximum of
$3,360 and to sign Advance Warrants up to a similar amount.
REmmission 9. The power to-
etc,of arrears
of revenue.
(a) sanction the writing off of all losses of stores due to depreciation
from normal unavoidable causes;

(h) sanction the abandonment or remission of any claim for money due
to the government t or the writing ii of any sumr which has appeared as an
asset in a previous nccrulnt up to a maximum amount of $240;

(() sanction the writing off of arrears of revenue up to a maximum
amount of 1.s'' ;

(d) sanction the writing off of losses of cash or stamps, due to theft or
fraud or to the gross negligence of an officer, up to a maximum amount of
$240;
(e) sanction the writing off of losses of stores due to theft or fraud or
the gross negligence of an officer, up to a maximum amount of $240; and,

( f) sanction the writing off of losses of cash, stamps or stores, due to
causes other than those enumerated in the preceding sub-paragraphs of this
paragraph, up to a maximum of S 1.S.

Appointment 10. The power of appointing Boards of Survey to examine the Treasury cash,
urvey of stamps etc. in accordance with the provisions of Financial Instruction 35 or any other
Trea:mry instruction substituted for or amending the same.
cash.
Sale of 11. The power to authorise the sale of unserviceable stores under the provisions
tnoes1iceable of Stores IRule 30 or of any other rule substituted for or amending the same.
Appointment 12. The power of appointing Boards of Officer 3 to inspect and report upon Govern-
of Boards to
inspect stores. ment stores in accordance with the provisions of Stores Rule 116 or of any other rule
substituted for or amending the same.






September 20, 1956] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE 51

13. The power of appointing and of approving the recommneiidtio n of liourdl IBare of
of Survey on stores and of dispensing with a Board of Survey in accordance with Stors ",,'
Rules 34-35 or of any other rule substituted for or amending the same.

14. The power to give serviceable Government stores or property, not exceeding Gift of
$96 in value and not required for Government purposes, to institutions or organizations in s r able
the Colony, at his discretion, in accordance with the provisions of Regulation i o. 280 of institutions,
Part II (1951 edition) of Colonial Regulations or of any other regulation substituted for eto,
or amending the same.

15. The power to appoint Tenders Boards and to take any other action under Appointmeont
the provisions of Stores Rule 77 or of any other rule substituted for or amending the 7 :o ir I.
same.

16. The power of remitting any fine, penalty or forfeiture not exceeding the HRuiission of
sum of -W', due and accrued to tier Majesty. Finco.

All powers not herein specified will he exercised by the Governor.

GIVEN under my hand and the Public Seal of the
Colony of the Virgin Islands this 20th day of
August, in the year of Our Lord One Thousand
Nine Hundred and Fifty-six and in tho fifth
year of Her Majesty's reign.





'. HE ANTIG UA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [September 20, 1956


Notices.

It is notified for general informa-
tion that the Secretary of State for the
Colonies has selected Mr. A. F. Dawkins
for secondment for two years to the
post of Administrator of Montserrat.

Mr. Dawkins was born in 1916, and
was educated at Marlborough; lalliol
College, Oxford: ;ad the London
School of Economics. After war ser-
vice between 1939 and 1945 lie was
appointed as an Administrative Oth.. r
in Sierra Leone, a post which he still
holds.

Ir. Dawkins is married and has one
child.

It is expected I that Mr. Dawkins will
assnlum duty at the end of October or
early in November.

Chirf 'ecirftr!y's 0" 0 '
Antiguta.
14t/, Septweinbier, 1956.
Rel. No.C. 13/1001:2.


By virtue of the powers vested in
hinm Iy Section 3 of the Telicommu-
nications Act, No. 13 of 1949, His
Excellence the Governor has been
pleased to appoint the ..11. -i for the
time being performing the duties of
Manager of the i l.I. i .y Service.
St-. I-rat, as Telecormmunications
Oflicer for te (.'olony of Montserrat
in place o(I tihe Treasurer. Montserrat.
wh' se appointment previously as
Telecoinnmuicattions Officer is now
terminated.
Oh 'et N, , 'tary'. O fiice,

I ito ,OrtiPf 'rnr, 1956.
Ref. Ni. 7:/00()'22.


It is hereby notified for g.t ral
infi nation that his Exeell, rey the
(Ov!rntor lias issued a Comtiission to
P. D. A4cdonari Esq.. C. M. (., appoint-
ing) iti:in t(o be Governor's l)eputy,
durl'i i.i ails..ence f Ir i Antigua
whii visiti:gl tie Virgin Islands
from the 30th September to the 7th
October. 1:'.:.

Chit ecrelary's Of' ;.
Antnin,,
15i'i ,p\ernber, 1956.
Ref. No. 13/002,s3


It is notilied for general iiformra-
tion that, the Polish (lGovermletit
having app pointed Monsieur Jan Petrus
as Cons ul-Gti.ral of Poland in Lon-
don w i t h jurisdiction including
British Colonial territories. Protecto-
rates a~ d territories under trust by
the governmentt (of t Ie United
Kingdom, formal recognition as sucli
Consul -Genetral is hereby accorded to
hiim.
I 'li,, ~ SCrertry's Office.

Septeo'ib 1956.
Ref. No.1,9/0Ol00


Firearms Ordinance
(No. 14 of 1952.)

It is hereby notified, for general
information, that anyi person, who
imports firearms, other than for his
own use, shall be liable to prosecution
under section 7 of the Firearms Ordi-
nance 1952 unless he shall obtain a
licence to deal in lirearms or to trade
as a firearms dealer upon tile premises
specified in his licence.
Administrator'n Office.
St. -7Jon's.
Antigua.
Ref. No. A. 40/ ;


OBITUARY

The Acti g Administrator
announces with deep regret the death
of Mr. E. T. Edgecombe, Elected Menm-
ler for the Northeri District. on the
8th Septemboer. I'.,'i.

Mr. Edgecombe has been an Elected
lMember of the Legislative Council
from 1952 iad his passing is a great
loss to the Colony.


No. 27.

Appointments and tran:sfrs etc.,
in the public service, with effect troim
the d:ttis slated, are piiblished for
}genlerlt infomI l'l'tionl:-

Roberts, C. S., Economic and Financial
Adviser, Leeward Islands, to act as
Chief Secretary, Leeward Islands,
with l.. t. from the 24th to the
the 28th September, 1956, during
the absence of Mr. P. D. Macdonald,
C.M.(., whilst paying an official
visit to Montserrat.



'['Ile i'llowingl Ordinances are cir-
culatedi with this Gaz,'tte and form
part thereof:--
I ., .
No. 23 of 1956, The Distribution
of German Enemy Property Ordi-
natce, 19 o;." 8 pp. Price 12 cents

No. 7 I of 1'.il; T li Workmen's
Com pensation Ordinance, 1956. "
50 pp. /'ri,'' 70 ,etslt

_A .l'\iNFALL FI( )' S* i ..
<'ntra] Experiment Station
n tigua.
Month. 1952. 1953. it. 19,5. 1' .
Jan. 2.41 1.93 3 04 2.16 5.15
Fe-b. 1.60 1.02 2.15 .68 1.23
Mar. 1.62 .O60 1.08 .83 1.40
April 3.14 2.06 .49 1.75 3.83
l ay 3.07 1.50 3.83 2.81 2.58
June 5.74 1.31 3.32 1.47 5,72
,July 8.3S 3.20 3.47 2.13 4.2!9
Augunst 8.43 3.15 5.93 8.25 5.57
To 15th Sep. 2.72 1.48 7.65 2.51 .70
37.11 21.25 31.26 22.59 30.47


In the Supreme Court of the
Windward Islands and
Leeward Islands.
ANTIGUA.
A.D. 1956.

NOTICE is hereby given that in
pursuance of Rules nmade Ib the ( Ii. t
.Justice under Section I; of the Wind-
ward Islands iand Leewatrd Islands
(Courts) Order in (Iouncil, 1939. and
duly approved as tlherein pJtovided on
the 16th lay of October, A. 1). 19411,
the lHonourable the Puisnte Judge
selected for the Sitting (of the Court
in Antigua has a;ppolinted the (lay of
the month on which tle ,ensuing
Court shall sit as follows, ti at is to
say:-
The Antingua Court on( i' ... I : the
2nd day of ()totber, 1:' .i.. at 10 o'clock
in the forenoon.

Dated the 17th day of September,
1956.
0. M. Browne.
Aiclin!l /1igistft'r.


IIAl410R DE )EPAIITMENT
Notice to :11iiners
West Indies, Antigua--Bell on
Buoy Damaged
The bell on the kuoy mo)red near
the south-west edge of Wiar,'ington
Bank in the O astel of St. John's,
Antigua. is out of commission.

E. H. Blanchard,
1a11rbout Mia.,ter.
13tli September, 1956.

li q!ltationo.s 12 (I) and 19 (1)
Town and Country Planning
Ordinance, 1948.

All Saints, Bendals, Bolans,
Five Islands, Freemansville,
Parham, Pares Village, St.
Phillips. Table Hill Gordon
and Willikies Schemes.

Notice is he,'by igivenh that ,on the
4th and 11th l'of Septeimber. approval
was given to the abovie-namned
Schemes by the Governor-in-Council.

A certified copy of the Schemes and
of the maps therein referred to have
been deposited at tihe office of
the Ceatral Housing and Planning
Authority. High Street, ST. John's,
Antigua, and will be open for inspec-
tion without palymentt of fee between
the hours of 10 a.m. aud 3 p.m1. daily
(except on Saturdays when the
hours will be 10 a.m. to I 1.30 a.m.).

l)ated this lSth day of ,ISeptember,
195;6.
Clarence Simon,
Secretdarl / i, ot'Eect'ilt/ri (i.,',, r
Ceitiral A 14thoritq.

Central lHouasingq & 1I' .." .... Auttlority
Iigh Street,
St. John's,
Antipa,
18th September, 1956.






Septeimber20, i:i] THE AN .GUA, iONTSERI{AT AND V!;1N ISLA)NDS GAZETTE 53


Antigua Constitution and
Elections Ordinance, 1951.


REVISION NOTICE


TAKE NOTICE that the lists of
voters for the electoral district of
Saint Phillip and Saint Peter will be
revised by me t ihe mundrsigned
Revising Officer on Tuesday the 25th
day of September, 1956, at the .I ,1--
trate's Court. Parlimi. at 2.00 p.m.

Dated this 10th day of September,
1956.
0. M. Browne,
l'rrisiig/ O/!ii','r.
'i ...-I. .. Dl)istricts A & B.


Antigua Constitution and
Elections Ordinance, 95 1.


REVISION NOTICE

TAKE NOTICE that the lists of
voters for the electoral district of
Saint John's City (North) ivill be
revised by me the lunirsigin' Re is-
ing Officer on Mloday the Itli day
of September, 1956, at tii Court
House in the City of Saint John at
9 o'clock in the forenoon.

Dated this 10th lda of S ,!.umlber,
1956.
0. M. Browne,
Rerisiiq/ O0'. '.

Magistrate Dish.icts A & B


Antigua Constitution and
Elections Ordinance, 1951
REVISION NOTICE

TAKE NOTICE that the lists of
voters for the electoral lisrict ,of
Saint John's City (South) and Harbula
will be revised by me the nndersigned
.Revising Officer on Monday the 24th
day of September, 1956. at the M...--
trate's Court. Saint John's, at 2.00 p.m.

Dated this 10th day of September,
1956.
0. M. Browne,
R'rising 0 r.

),,_i-tr.it Districts A & 1B


Ar i-. u Constituticn auid
leet. -in-, Ordinance. 1951.
REVISION NOTICE.

TAKE NOTICE that tilh lists of
voters for tlhe electoral district ef Sait t
John (Riural) South will be revised by
lme tlie lndersigned SAMUEL. LACCH-
LAND ATHILL oin londi;y the '21lth
< a y of Septemlber, 1!56. a t the
MIgistrate's Court. Al Saints. at
2.00 p. in.

)Dated this 6th day of Se tember.


I A'Orfiicl.


Antigua Constitution and
Electio'js Ordinance. 1951.
REVISION NOTICE.

'TAKE NOTICE tliat the lists of
voters for tile electoral district of Saint
Paul will bie revised by ime tlie under-
sifgnid SAMUEL LAUC(IILANI) ATHILL
on Monday the( 2.th lday of Septelll-
ber. I1 '.', at their Liberti Police Station
in the Villae of Liberi a at i.0) a. itm.

Dated this Gth i'.iv o0f Septliemberi ,
195(i.
L. L. AiTHILL,



Antig'ua Constitution and
Elections Ordinance, 1951.
REVISION NOTION

'AKE NOTICE that the lists of
voters for the electoral district oif
Saint Mlaryv will bli revised by Iime
the undellrsigned Samuel Lauchland
Athill on Tuesday the 25th day of
September. I95(;. at thle Bolans :'1 ,I-1-
trate's Court, Bolans, at 2.00 p.m.

Dated this 6th day of September,
195(;.
S. L. ATHILL,
iri'ingl/ Officir.


Antigua Constitution and
Elections Ordinance, 1951.
REVISION NOTICE.

TAKE NOTICE that the lists of
voters for the electoral district of Saint
John (Rural) West ill be revised )by
mei the undersiuned Samuel Lauchland


Athiil on Tues tday thle 25thi day of
September, 1956. at the Greenbay
Government Sch ool. (Green hay. at '1 i~r


i iated this 6th dyv of September,
1956.

S. L. ATH[LL,
/l 'i.i; g 0" ,




Anti iu Constitution and
Elections Ordinance. 1951


REVISION NOTICE


LAKE NOTICE tlht the lists of
voters for the electoral district of Saint
George anil Saint Johi (HEial) North
will le revised by me ilie undersigned
Revising Officer on Tuesdiay the 25th
dlay of Septemtber. 1.' -i. at thi Prin-
cess Margaret School. St. John's, at
9 o'clock inl the forenon.

1Da;ted this 10th day of Sptember,


0. M. Browne.
lir'risiiig (;' *rrr.
: .... I-ate Districts A & 1H


Villa Area Development

It is hereby notified for general
information that permission has been
granted to persons who have paid
their second deposit on lands at the
Villa Area to construct or remove
their hoiise on the phlt allotted to
them, providing the necessary appli-
cation is made t to tle Central Health
1ioa Ird.


- This applies to lth developeil area



only.

Clarence Simon,
;,crfetal y J- Erecutiv.e O *'*. r..

('ielnral IHp sing &' P'laoimiig

/SI. Joi1'9s,
li/i N'.'it'mnbe',, 1956.







51. THE ANTIGUA, MONTSEV! 'i A\N1D VIRGIN ISLANDS AZETTRE [,ptmbr-20,10)56

Hurricane Preen utions, 1956.

I. At the beginning of the Hurricane Season the public are atlvised to take precautions
to safeguard their homes and other Iproperty in the event of a storm. l)urini, a hurricane the
central electricity supply will be turned off. and every ihm, t~enld should therefore, iw provided with
a hurricane lantern or It flash liu t (or pref'er)bly wi l bioh) which s!iould b1 checked regularly
and kept in working order throughout the hurricane s.-as~n.
2. Owners of barometers should take readings d>:ilv at 10 a i., 4 p.m. and 10 p.m.
Any change lower than the usual diurnal one of ()0-! inch should be regarded with suspicion.
3. The masters or aienrs of vessels if in doubt should conmmuiicate with the I arbour
Master for information.
4. When barring up a house, on indication of b:id weather, begin with the side facing
the direction of the prevailing wind, which varies iromn North West to North East. Should the
centre of a storm pass over the island there will be a short period of calm during which the
Northern side of the building could be opened lu and thie Southern and Westerly sides closed .
Very often there is no calm, and under such circumstances it is wise to li:ve everything securely
fastened.
5 The unitedd States W~-ather Bureau at ::an iua :, !uerto Rico, issues regular weather
reports for the eastern Caribbean which are broadc.'st in Spanish and English (dily throughout the
hurricane season by several radlio s!-tions in Puerto i ico. Owners of niiiios .ihoiiul mitke :i habit of
listening to these broadcasts which mary be heard over the following stati'ris at thi times and on the
frequencies and wavelength shown:
BROADCAST TIMES (LOCAL)
,im,,.. ]rq .n. Daily vei(th er ipnecirl hv rr'icacti lirr n irgs.
( .' .. ,". reports.
WIPR 940 kcs 8-55 a. .."' a.r.
(319.14 m) 4.55 1p.m'i 12.30 p.m.
WAPA *.- kcs 7.45 a.m.'
(441.1 m) 12.15 ]p.mi.
*'xc(.pt onl ': ur: iy i S it 1tda.l
WKAQ 580) kcs ; p.m.
(517.21 m) t2.30) a.m.
Window r Islands 3395 kes 7.10 p.m.
('. 4 m)) 10.10 p.m.
Except Saturda.y

Stations WSTA in St. Thomas and WIVI in St. Croix almo broadcast the Weather B1ueau's special hurricarne-
warnings and advisories.

Storm Warningc Signals.
AT i)A Y.
The following signals displayed at the Hlarbour Master's Office, Goat Hill, Ottos Hill,
Police Headquarters and other Police stations denote the approach of disturbed
weather:-
A. A Red Flag with black square in centre means Tropical disturbance reported;
likely to II-et, island of Antigua-CAlUTION ADVIS ED.
B. TWO red flags, with black squares in centre-HUIRRICANE SIGNAL-
DANGERZ IXl PECTED.
AT NIGHT.
Two DlETONAT ING ROCKETS will he Fired from the Harbour Master's Office to
warn shipping
AT DAY & AT NIGli'T.
A RE,' LIGHT will be displayed at Police Stations fhe Police will go through St.
John's and villages sounding their whistles.
T. 1 -p'lio Exchanges will inform subscribers. After a hurricane warning has been
received the ne vs will be broadcast by Radio Antigua (3.255 megacycles; 92.16
metres) at regular intervals:-9 a.m., 1 p.m., 5 p.m. and more often if necessary.
Administrator's 0 ', e.
St. John's, Antigua.
10th July. 1956.
A. 52/6-II.
Printed at the Govern nr, Printing Office. Antigua, Leewavd slalida, by EARL PrIor ',
Acting Government Printer.-By Authority.
1Price cent
[Price 90 cents]







Distribuftion of German
":.rt..; Property.


[L.S.3


I ASSENT,
K. W. BLACKBURNE,
Governor.
6th September, 1956.


ANTIGUA.

No. 23 of 1956.

An Ordinance to provide for the vesting of German
Enemy Property in the Colony in an
Administrator and for the distribution thereof.
[By Proclamation]
ENACTED by the Legislature of the Colony
of Antigua as follows:-


Commonce-
ment.


1. This Ordinance may be cited as the Short title.
Distribution of German Enemy Property Ordi-
nance, 1956.
2. (1) In this Ordinance the following
expressions have the mIlii ig; hereby respectively
assigned to them, that is to say:-
the appointed day means the date of the
commencement of this Ordinance;
S British person means, in relation to any
A date
2-/ 4 2- 3 7


ANTIGUA.


]No. 23 of 1956.







ANTIGUA. 2 Distribution of German No. 23 of 1956.
Enemy Properti.
(a) any British subject, citizen
of the Republic of Ireland or British
protected person resident or carrying
on business on that date in the
Colony;
(b) any body of persons
(whether corporate or unincorporated)
which on that date was a body
incorporated or constituted under
the laws in force in the Colony;
"claimant" in relation to any German enemy
debt means the person who under section
6 of this Ordinance makes a claim in
respect of that debt;
"the Custodian" means the Custodian of
Enemy Property appointed under regula-
tion 8 of the Defence (Trading with the
Enemy) Regulations, 1939;
"German person" means, in relation to any
date,
(a) the German State;
(b) any individual who on that
date was a German national resident
in Germany;
(c) any body of persons
(whether corporate or unincorporated)
who on that date was a body
incorporated or constituted in or
under the laws of Germany;
"German enemy debt" means any sum due
at the passing of this Ordinance in respect
of an obligation incurred before the third
day of September nineteen hundred and
thirty-nine, which on that day was an
obligation of any German person to any
British person except that where any
British person (not being the Govern-
ment of the Colony) carried on
business on the said day both in and
outside the Presidency, any sum attribu-
table to business carried on outside the
Colony shall be excluded;







No. 23 of 1 956. Distribution ol German 3 ANTIGUA.
Enemy Property.
"German enemy property" means property
which, on the appointed day is under the
control of the Custodian, being property,
which on or at any time after the third
day of September, nineteen hundred and
thirty-nine, belonged to, or was held or
managed on behalf of-
(a) the German State;
(b) any individual who, on the
said third day of September, nineteen
hundred and thirty-nine, or at any
time thereafter, was a German
national resident in Germany or in
.any territory under the sovereignty
of a State which on or at any time
after the said day was at war with
Her Majesty;
(c) any individual who was a
German national on or at any time
after the said day and-
(i) was included among
the persons specified
in any order made
under sub-regulation
3 of the Defence
(Trading with the
Enemy) Regulations,
1939;
(ii) was a person whose
property became sub-
ject to control under
regulation 8 of the
said Regulations at a
time when he was not
an enemy within the
meaning of the said
Regulations;
(d) any body of persons
(whether corporate or unincorporated)
which on or at any time after the
said day was a body incorporated
or constituted in, or under the laws
of, Germany; and







ANTiGUA. 4 Distribution of German No. 23 of 1956.
Enemy Property.
(e) any body of persons
(whether corporate or unincorporated)
which on or at any time after the
appointed day was controlled by any
such individual or body as is men-
tioned in paragraph (b), paragraph
(c) or paragraph (d) hereof;
"German national" does not include any
person who acquired German nationality
by reason of the inclusion in the German
State after the first day of March, nine-
teen hundred and thirty-eight, of any
territory not comprised therein on that
day;
Germany means territory comprised in the
German State on the first day of March,
nineteen hundred and thirty-eight;
"property means real or personal property
and includes any estate or interest in real
or personal property and money, any
negotiable instrument, debt or other
chose in action, and any other right or
interest whether in possession or not;
"relevant time" means the appointed day;

"trade debt" means any sum due in respect
of-
(i) goods supplied in the course of
trade;
(ii) services incidental to the goods
so supplied; or
(iii) shipping right, rebates or
fares.
(2) For the purposes of this Ordinance, a
person who at any time was resident in Germany
shall be deemed to have been a German national at
that time unless it is proved to the satisfaction of
the Administrator of Enemy property, within six
months of the appointed day in such manner as he
may prescribe that he was not a German national
at that time.







No. 23 of 1956. Distribution of German 5 ANITIGUA.
Enemy Property.
(3) For the purposes of this Ordinance,
property which, or the right of transfer over which
is vested in any custodian of enemy property
appointed under section 9 of the Trading with the
Enemy Ordinance, 1939, and property which, by 12/1939.
virtue of any order made under the said section 9,
cannot be dealt with without the consent of the
Governor, shall be deemed to be subject to control
under the said section 9.
(4) Any reference in this Ordinance to the
Tradirng with the Enemy Ordinance, 1939, shall be 12/1939.
construed as a reference to that Ordinance as
amended by or under any other Ordinance.
8. The Governor shall appoint for the Appointment
purposes of the distribution of German Enemy tatorAdinis-
property in pursuance of this Ordinance on such
terms as he may specify to persons who establish
claims in respect of German enemy debts, an
Administrator of German Enemy Property (here-
inafter in this Ordinance referred to as "the
Administrator ").
4. (1) All German enemy property on the Property to
appointed day in the hands of the Custodian shall ei,,istra
vest in the Administrator. tor.
(2) The Governor may by Order vest in the
Administrator any other German enemy property
situate in the Colony or the right to transfer
the same. Any order so made shall be sufficient as
respects property of any description to vest in the
Administrator any property or the right to transfer
any property as provided by the vesting order
without the necessity of any further conveyance,
assurance or document.
(3) A vesting order made in accordance with
the preceding subsection may be varied or revoked
by the Governor.
6. This Ordinance shall not apply- Exoluded
(a) to any claim in respect of a German Claims.
enl-my debt unless (in addition to the condi-
tions prescribed in subsection (1) of section 2
of this Ordinance) at the relevant time that
debt was due to a British person;


'


I







ANTIGUA. 6 Distribution of German No. 23 of 1956.
Enemy Property.
(b) to any claim in respect of a German
enemy debt due at the relevant time to a
company incorporated in the Colony whose
activities in the Colony on the third day
of September, nineteen hundred and thirty-
nine were confined to complying with the
Cap. 1o. requirements of the Companies Act and to
distributing profits earned abroad;
(c) to any claim in respect of a balance at
a bank expressed in a unit of German
currency;
(d) to any claim in respect of a bank
note expressed in a unit of German currency
or any other note so expressed which has at
any time been legal tender in Germany;
(e) to any other claim in respect of a
German enemy debt expressed in a Unit of
German currency except-
(i) claims in respect of trade debts;
(ii) claims in respect of loans made
to German persons by persons
who at the date of the loan
were British persons;
(iii) claims in respect of rent due on
the third day of September,
nineteen hundred and thirty-
nine;
(iv) claims in respect of dividends
on shares or stock declared
before the third day of Septem-
ber, nineteen hundred and
thirty-nine; and
(/) to any claim by an insurer or an
insurance broker in respect of a contract of
insurance or re-insurance with a German
person.
Making of 6. (1) Claims for payment under this Or-
Claims. finance may be made only by the person to whom
the sum claimed was due at the relevant time or ly
in insurer who at the relevant time was entitled by
subrogation to enforce payment of the sum
claimed:







No. 23 of 1956. Distribution of German 7 ANTIGUA.
l r',,, Property.
Provided that in the event of the death, bank-
ruptcy, winding up, mental incapacity, or absence
from the Colony of any such person 'or insurer
as aforesaid the claim may be made by any person
authorised by him in that behalf or by any person
entitled to deal with his property.
(2) Claims for any payment under this
Ordinance shall be made to the Administrator
within three months from the appointed day or
such further time as the Governor may by Order
made either generally or in relation to any specified
class of claim direct.
(3) Claims shall be liade on the appropriate
form prescribed by the Administrator and shall
contain the information required on the form and
shall be accompanied by such documents as may be
so required.
(4) The Administrator may by notice in
writing require the claimant to furnish within such
time as may be specified in the notice such further
information and documents in the :laimant's
possession or control as the Administrator may
require for the verification of the claim.

7. (1) The Administrator shall determine Detormina-
whether any claim is established for the purposes tion and
payment of
of this Ordinance and the amount for which it may claims.
be admitted for payment, and shall serve written
notice of the determination on the claimant.

(2) The determination of the Administrator
in relation to any claim shall be final:

Provided that the claimant, if dissatisfied with
the determination as being erroneous in point of law,
may by notice in writing given within six weeks
after being served with notice of determination as
aforesaid and setting out the question or questions
of law in respect of which it is alleged that the
determination of the Administrator was erroneous,
require the Administrator to state and sign a case
for the opinion thereon of the Supreme Court and
the decision of the Supreme Court shall be final.







ANTIGUA. 8 Distribuftin of German No. 23 of 1956.
Enemi Propert/.
( T) The Administrator shall be entitled to
appear at the hearing of any case stated by him
under this section.
Disposal of 8. (1) Where any moneys, being German
eres and enemy property is received by the Custodian and is
placed by him in his name on deposit or current
account at a bank, the interest accruing therefrom
shall belong to the Crown and be paid into the
general revenue of the Colony.
(2) The proceeds of German enemy property
collected by the Administrator shall, in so far as
they are not distributed in accordance with the
provisions of this Ordinance, be paid into a special
account at the Treasury of the Colony and be
used for such purposes as the Governor may
direct.
Commence- 9. This Ordinance shall come into force on a
ment. date to be appointed by the Governor by Proclama-
tion published in the Gazette.


ALEC LOVELACE,
President.

Passed the Legislative Council this 28th day
of August, 1956.


F. A. CLARKE,
Clerk of the Council.












Printed at the Government Printing Offi n, Antigua, Leeward Islands,
by EARL PIGOTT, Acting Government Printer.-By Authority.
1956.


S.A. 31133--500-9-.56.


Price 12 cents







Molorkmen's Compen.sqatiofl. ANT


[L.S.]



I ASSENT,
K. W. BLACKBURNE,
Governor.
8th September, 1956.




ANTIGUA.

No. 24 of 1956.
An Ordinance to provide for the payment of
compensation to workmen for injuries suffered
in the course of their employment.
[By Proclamation]

ENACTED by the Legislature of Antigua
as follows:-
1. This Ordinance may be cited as the Short title.
Workmen's Compensation Ordinance, 1956.

2. (1) In this Ordinance, unless the context Interpreta-
otherwise requires:- tion.
"adult" and "minor" mean respectively
a person who is not and a person who is
under the age of seventeen years;
"dp,. ndr:t means such of the members of
a workman's family as were wholly 'or
mainly dependent upon the wages of the
workman at the time of his death, or
would but for the incapacity due to the
accident have been so dependent, and
where the workman, being the parent or
grandparent of an illegitimate child,
leaves such a child so dependent upon


No, 24, of 195C)..


ANTTIUA








ANTIGUA. 2 Workmen's Compensation.


his wages or, being an illegitimate child,
leaves a parent or grandparent so depen-
dent upon his wages, shall include such
an illegitimate child and parent or
grandparent respectively:

Provided that a person shall not
be deemed to be mainly dependent on
the wages of another person unless he
was dependent mainly on contributions
from that other person for the provision
of the ordinary necessaries of life suitable
for persons in his class and position;

"employer" includes Her Majesty in Her
Government of the Presidency and any
person or body of persons corporate or
unincorporated and the legal personal
representative of a deceased employer,
and, where the services of a workman are
temporarily lent or let on hire to another
person by the person with whom the
workman has entered into a contract of
service or apprenticeship, the latter shall
for the purposes of this Ordinance, save
as is provided in subsection (1) .of section
22, be deemed to continue to be the
employer of the workman whilst he is
working for that other person.

In relation to a person engaged in
plying for hire with any vehicle or
vessel, the use of which is obtained by
that person under a contract of bailment
(other than a hire purchase agreement)
the person from whom the use of the
vehicle or vessel is so obtained shall be
deemed to be the employer.

In relation to a person, employed
for the purposes of any game or recreation
and engaged or paid by a club, the
manager or members of the managing
committee of the club shall, for the
purposes of this Ordinance, be deemed to
be the employer;


No. 241 of 1956.








TWorkmen's Compensation. 8 ANTIGUA.


" manager" in relation to a ship means the
ship's husband or other person to whom
the management of the ship is entrusted
by or on behalf of the owner;

"medical practitioner means a person regis-
tered to practise medicine and surgery
under the Medicial Act, 1937; 31/1937

"medical referee" means a medical practi-
tioner appointed under section 46 as a
medical referee for the purposes of this
Ordinance;

"member of a family means wife or husband,
father, mother, grandfather, grandmother,
stepfather, stepmother, son, daughter,
grandson, granddaughter, stepson, step-
daughter, brother, sister, half-brother,
half-sister and shall include any child or
children, not specifically mentioned, living
with the deceased at the time of his death
and wholly or mainly dependent on his
earnings; and such other person as was
at the time of the injury living in the
household of the worker and was wholly
or mainly dependent on his earnings;

" partial incapacity means, where the incapa-
city is of a temporary nature, such in-
capacity as reduces the earning capacity
of a workman in any employment in
which he was engaged at the time of the
accident resulting in the incapacity, and,
where the incapacity is of a permanent
nature, such incapacity as reduces his
earning capacity in every employment
which he was capable of undertaking at
that time:

Provided that every injury specified
in the Schedule shall be deemed to result
in permanent partial incapacity;

"Schedule" -means the Schedule to this
Ordinance;


No. 24 of- 1956.







Tjrorkmen's Clompensation.o


ANTIGUA. 4


"section" ineans a section of this Ordinance;
S7&58 "ship ",' "vessel ", seaman and "port"
Vict. c. 60. shall have the same meaning as in the
Merchant Shipping Act, 1894;
"total incapacity" means such incapacity
whether of a temporary or permanent
nature, as incapacitates a workman for all
work which he was capable of performing
at the time of the accident resulting in
such incapacity:
Provided that permanent total inca-
pacity shall be deemed to result from the
permanent total loss of the sight of both
eyes or from any combination of injuries
specified in the Schedule where the
aggregate pere-nt:y- of the loss of
earning capacity, as specified in ths
Schedule against these injuries, amount
to one hundred per centum;
"wages" includes any privilege or benefit
which is capable of being estimated in
money, other than a travelling allowance
or the value of any travelling concession
or a contribution paid by the employer of
a workman towards any pension or
provident fund or a sum paid to a
workman to cover any special expenses
entailed on him by the nature of his
employment, or remuneration for overtime
not habitually performed or remunerated
at a special rate;
"workman ", subject to the exceptions here-
inafter mentioned, means any person who
has entered into or works under a contract
of service or apprenticeship with an
employer, whether by way of manual
labour, clerical work or otherwise, and
whether the contract is expressed or
implied, is oral or in writing and whether
the remuneration is calculated by time or
by work done:
Provided that the following persons
shall be excepted from the definition of
workman, that is to say-


NoT, 24! of 19.56.







fT rkmen's Compensation. 5


(a) any person employed other-
wise than by way of manual labour
whose earnings exceed two thousand
five hundred dollars a year or such
sum as may from time to time by
Order be fixed by the Governor in
Council;
(6) a person whose employment
is of a casual nature and who is
employed otherwise than for the
purposes of the employer's trade or
business, not being a person em-
ployed for the purposes of any game
or recreation and engaged or paid
through a club;
(c) an outworker, that is to say,
a person to whom arrlicles or materials
aire given out to be made up, cleaned,
wa.ished, altered, ornamented, finished
or repaired or adapted for sale in his
own home or on other premises not
under the control or management of
the person who gave out the articles
or materials;
(d) a member of the employer's
family dwelling in his house;
(e) members of the Leeward
Islands Police Force, including
special and additional constables;
( t) a person in the civil em-
pioyment of Her Ma i'-t. otherwise
than in Her Government of the
Presidency, who has been engaged
in a place outside the Presidency;
(g) a person in the naval,
military or air service of the Crown.
(2) Any reference to a workman who has
ween injured shall, where the workman is dead,
include a reference to his legal personal representa-
tive or to his dependants or other person to whom
or for whose benefit compensation is payable.
(3) If on any proceedings for the recovery of
compensation under this Ordinince it appears to
the court by whom the claim to compensation is to
he settled that the contract of service or apprentice-
ship under which the injured person was working


24 of 1 15 1.


ANTIGUA.







INTIGUA. 6 Wiorkmen's (Jonzjpensalion.


at the time when the accident causing the injury
happened, was illegal, the court may, if having
regard to all the circumstances of the case it thinks
proper so to do, deal with the matter as if the
injured person had at the time aforesaid been a
person working under a valid contract of service or
apprenticeship.
COMPENSATION.
Employers' 8. (1) If in any employment a workman
liability for suffers personal injury by accident arising out of
comp tion. and in the course of such employment his employer
shall be liable to pay compensation in accordance
with the provisions of this Ordinance:
Provided that the employer shall not be so
liable under this Ordinance for such compensation
should-
(a) the injury not result in the total or
partial incapacity of the workman for a period
exceeding three days;

(b) the accident be proved to be attribu-
table to the workman's own serious and
wilful misconduct which shall include:-
(i) his being under the influence
of drugs or intoxicating drink;
or
(ii) a contravention of any law,
regulation or order, whether
statutory or otherwise, expressly
made for the purpose of ensur-
ing the safety or health of
workmen, or of preventing
accidents to workmen, if the
contravention was committed
deliberately or with a reckless
disregard of the termni of such
law, regulation or order; or
(iii) the wilful removal or disregard
by the workman of any safety
guard or other device which lie
knew to have been provided for
the purpose of securing the
safety of workmen; or


Nu'o. 24, of 1 1.13 6







Workmen s Compensation.


(iv) any other act or omission which
the court may, having regard
to all the circumstances of an
accident, declare to be serious
and wilful misconduct;
(c) it be proved that the accident would
not have occurred, or in so far as the incapa-
city or death would not have been caused, but
for a pre-existing diseased condition of the
workman;
(d) death or incapacity result from per-
sonal injury if the workman has at any time
represented to the employer that he was not
suffering from that or a similar injury, know-
ing that the representation was false.
(2) An accident resulting in the death or
total and permanent incapacity of a workman
shall be deemed to arise out of and in the course of
his employment and the employer shall be liable to
pay compensation notwithstanding that the work-
man was at the time when the accident happened
acting in contravention of any statutory or other
regulation applicable to his employment, or of any
orders given by or on behalf of his employer, or
that he was acting without instructions from his
employer, if such act was done by the workman for
the purposes of and in connection with his
employer's trade or business.
4. An accident happening to a workman in
or about any premises at which he is for the time
being employed for the purposes of his employer's
trade or business, shall be deemed to arise out of
and in the course of his employment and the
employer shall be liable to pay compensation, if the
accident happens while he is taking steps on an
actual or supposed emergency at these premises, to
rescue, succour or protect persons who are, or are
thought to be or may possibly be, injured or
imperilled, or to avert or minimise serious damage
to property.
5. Notwithstanding anything in this Ordi-
nance, no compensation shall be payable under this
Ordinance in respect of any injury directly or
indirectly sustained as a result of war, invasion, a.t


Accidents
happening
while meeting
emergency.










Employers
not liable in
certain cases.


No. 24r of 1956.


7 ANTIGUA.







ANTIGUA. 8 ffWorkmen's Comnensatlion.


of foreign enemies, hostilities or warlike operations
(whether war is declared or not) civil war, mutiny,
insurrection, rebellion, revolution, conspiracy or
military or usurped power.
Liability of 6. (1) in every case where injury arising
ep" s'ofr out of and in the course of his employment has
conveyance been sustained by at workman he employer shall
tr atment irrespective of whether the workman is disqualified
and for other for compensation under the provision of paragraph
tfret (a) of subsection (1) of section 3 be liable to pay
to the workman or to any othlr person advancing
the same, the reasonable expenses of conveying,
where necessary, the injured workman from the
place of the accident to the place of treatment and
thence to his residence.
(2) Where medical treatment or examination
is immediately required as a result of bodily injury
(including fatal injury) to a workman arising out
of and in the course of his employment and the
treatment or examination so required (in this
section referred to as emergency treatment") is
effected by a medical practitioner, the employer
shall irrespective of whether the workman is
disqualified for compensation under the provision
of paragraph (a) of subsection (1) of section 3 be
liable to pay to the practitioner-

(a) a fee prescribed by Regulations made
under this Ordinance in respect of each work-
man in whose case the emergency treatment is
effected by the practitioner, and
(b) a sum in respect of any distance
which the practitioner must cover in order to
proceed from the place whence he is summoned
to the place where the emergency treainti'nt is
carried out by him and to return to the first
mentioned place, equal to the trIivelling
allowance paid by Government to officers in
the employment of Government:
Provided that the minimum sum to
which the medical practitioner shall be entitled
shall not in any case be less than the amount
to which the practitioner would be entitled had
he travelled a distance of two miles.


No. 24 of :b;







NWor2knen's Compensation. 9


(3) The employer shall, irrespective of
whether the workman is disqualified for compensa-
tion under the provision of paragraph (a) of
subsection (1) of section 3, be liable to pay to the
workman or to any other person providing the
same the reasonable cost, charges and expenses
(which shall include travelling expenses necessary
as a result of periodic medical treatment prescribed
by a medical practitioner and also expenses
incurred by the workman in establishing his claim
to compensation, provided he does so successfully)
in respect of any medical treatment given to the
workman in consequence of any personal injury
sustained by him and arising out of and in the
course of the workman's employment by that
employer, such cost, charges and expenses being
adjusted to tihe workman's station in life and his
actual physical condition occasioned by the injury
and not exceeding in respect of medical treatment
as an out-patient thirty dollars.
7. (1) The compensation shall be payable To whom
to or for the benefit of the workman, or where compensation
death results from the injury, to or for the benefit
of his dependaints, as provided by this Ordinance.

(2) Where there are both total and partial
dependants nothing in this Ordinance shall be
construed as preventing the compensation being
allotted partly to the total and partly to the
partial defendants.
8. (1) Subject to the provisions of this Amont of
Ordinance, the amount of compensation shall be as compensation.
follows, namely:-
(a) where death results from the injury
th, ;acrtual cost of the burial of the deceased
workmn to an amount not exceeding sixty
dollars and in addition-

(i) if the workman leaves a dependant
or dependants wholly dependent
upon his earnings, a sum equal
to forty-two months' wages or
five thousand dollars whichever
is the less;


No. 24 o

ANTIOrA.







Workmen's Compensatwin.


(ii) if the workman does not leave a
dependant or dependants wholly
dependent upon his earnings
but leaves a dependant or de-
pendants mainly so dependent,
such sum not exceeding the
amount of compensation pay-
able under the preceding sub-
paragraph as may be agreed
upon, or in default of agreement
as may be awarded by the
court to be reasonable and
proportionate to the injury to
the said dependent or depen-
dants;
(b) where permanent total incapacity
results from the injury-
(i) in the case of an adult, a sum
equal to fifty-four months'
wages or six thousand dollars
whichever is the less;
(ii) in the case of a minor, a sum
equal to one hundred and eight
months' wages or six thousand
dollars whichever is the less;
(c) where permanent partial incapacity
results from the injury-
(i) in the case of an injury specified
in the Schedule such percentage
of the compensation which
would have been payable in the
case of permanent total incapg-
city as is specified therein as
being the percentage of the loss
of earning capacity caused by
that injury; and
(ii) in the case of an injury not
specified in the Schedule, such
percentage of the compensation
payable in the case of perma-
nent total incapacity as is
proportionate to the loss of
earning capacity permanently
caused by the injury:


ANTYGUMA. 10


No. 24 of 195).







Workmen's Compensation. 11 ANTIGUtA.


Provided that such com-
pensation may be increased
by such an amount as may be
agreed upon or in default of
agreement as may be awarded
by the court, having regard to
the nature of the injury sustained
in relation to the type of work
and other circumstances of the
workman.
Where more injuries than one are caused by
the same accident, the amount of compensation
payable under this head shall be aggregated, but
not so in any case as to exceed the amount which
would have been payable if total incapacity had
resulted from the injuries;
(d) where temporary incapacity, whether
total or partial, results from the injury-
(i) in the case of a weekly paid
adult a sum equal to seventy-
five per centum, and in the case
of a weekly paid minor a sum
equal to eighty per centum, of
the weekly wages of such adult
or minor, as the case may be,
payable on the eighth day from
the date of the incapacity and
thereafter weekly during the
incapacity or during a period of
five years, whichever period is
shorter;
(ii) in the case of a monthly paid
adult a sum equal to thirty-
seven and a half per centum,
and in the case of a monthly
paid minor a sum equal to forty
per centum, of the monthly
wages of such adult or minor, as
the case may be, payable on the
sixteenth day from the date of
the incapacity and thereafter
half-monthly during the inca-
pacity or during a period of
five years, whichever period is
shorter.
(2) The period of incapacity shall be deemed
to commence on the day of the accident.


No. 24 of 10.1i;.







ANTIGUA. 12 Workmen's Compensation. No. 24 of 1956
(3) In the event of permanent total or per-
manent partial incapacity following temporary
incapacity no deduction shall be made from any
lump sum payable in respect of such permanent
total or permanent partial incapacity by reason of
weekly or half-monthly payments having been
made during temporary incapacity.

(4) On the ceasing of the incapacity before
the date on which any weekly or half-monthly
payment falls due, there shall be payable in respect
of that period a sum proportionate to the duration
of the incapacity in that period.
additional 9. (1) Where in the opinion of a medical
toinjuredon practitioner a workman's temporary incapacity,
workman to whether total or partial is such that he requires the
defray costI
of assistance constant assistance of another person during his
during ter- incapacity, additional compensation shall be paid
pa ncaiy to the workman during such incapacity at a rate
being not more than fifty per centum of the rate
prescribed in section 8.

(2) Before any person is employed to assist a
workman under subsection (1) of this section the
opinion of a medical practitioner shall be sought as
to the nature of the assistance required and the
probable duration thereof.
Artificial 10. (1) An employer shall be liable to
limbs and
apparaus supply artificial eyes and dental appliances to a
workman whenever the necessity for such artificial
eyes or dental appliances is the result of an
accident arising out of and in the course of the
employment of the workman by that employer.
(2) Where an accident arising out of and in
the course of hisi employment has caused the loss
of a limb or other mutitilatio and the supply of
artificial member or members and apparatus
will improve tih earning capacity of an injured
workman, such artificial member or nniimbers and
apparatus shall be !provided at the expense of the
employer and the rate of ncoinpensation payable
shall be reduced in proportion to the improvement
in earning capacity resulting: Irom the use of the
artificial member or members and apparatus.







No. 24 of 195!). Wlorjnen's. Compensaton. 13 ANTIGUA.

(3) The court may order an employer to pay AMnlr) of
for the replacement or repair of artificial member illwag
or members and apparatus damaged as a result of
an accident, arising out of and in the course of a
workman's employment by that emlployv i.
11. (1) For the purposes of section 8 the
wages of a workman shall be calculated as follows:-
(a) in the case of a weekly paid work-
man:-
(i) where the workman has, during
a continuous period of not less
than twelve months immediate-
ly preceding the accident, been
in the service of the employer
who is liable to pay compensa-
tion, the weekly wages of the
workman shall be one fifty-
second of the total wages which
have fallen due for payment to
him by the employer in the last
twelve months of that period;
(ii) in other cases, the weekly wages
shall be seven times the total
wages earned in respect of the
last continuous period of service
immediately preceding the acci-
dent from the employer who is
liable to pay compensation
divided by the number of days
comprising such period;
(b) in the case of a monthly paid work-
man:-
(i) where the workman has, during
a continuous period of not less
than twelve months immediate-
ly preceding the accident been
in the service of the employer
who is liable to pay compensa-
tion, the monthly wages of the
workman shall be one twelfth
of the total waige; which have
fallen due for payment to him
by the employer in the last
twelve months of that period;








ANTIGUA. 14 Worlkmen's Compensation. No. 24 of 1956.
(ii) in other caSrS, the monthly
wages shall et thirt) tinmit the
total wages earned in respect of
the last continuous period of
service immediately preceding
the accident from the employer
who is liable to pay compensa-
tion, divided by the number of
days comprising such period:
Provided that-
(i) where by reason of the shortness
of the time during which the
workman has been in the
employment of an employer or
the casual nature of the em-
ployment, or the terms of the
employment, it is impracticable
at the date of the accident to
compute a rate of remuneration
which would be representative
of the workman's average week-
ly or monthly earnings, regard
may be had to the average
weekly or monthly amount
which, during the twelve months
previous to the accident, was
earned by a person of average
diligence or ability in the same
category employed at the same
work by the same employer, or,
if there is no such person who
was so employed, by such a
person in the same category
employed in the same class of
employment and in the same
district;
(ii) where in any case it seems more
equitable compensation may be
awarded, having regard to the
earnings of the workman at the
time of the accident.
(2) A period of service shall, for the purpose
of this section, be deemed to be continuous which
has not been interrupted by the period of absence
from work exceeding fourteen days.








Workmen's Compensation. 15 ANTIGUA.


12. (1) Any weekly or half-monthly pay- Review
ment payable under this Ordinance either under an of payments.
agreement between the parties or under an order
of a court may be reviewed by a court on the
application either of the employer or of the work-
man if-
(a) where the review takes place more
than six months after the accident, it is claimed
and proved that, had the workman remained
uninjured and continued in the same class of
employment as that in which he was employed
at the date of the accident, his average weekly
or monthly earnings during the twelve months
immediately preceding the review would, as a
result of fluctuations in rates of remuneration,
have been greater or less by more than twenty
per cent. than his average weekly or monthly
earnings during the twelve months previous
to the accident (or if the weekly or half-
monthly payment has been previously varied
on a review during the twelve months previous
to that review or the last of such reviews), the
weekly or half-monthly payment shall be varied
so as to make it such as it would have been if
the rates of remuneration obtaining during the
twelve months previous to the review had
obtained during the twelve months previous
to the accident;
(b) there has been a change in the
condition of the workman, in which case the
application shall be accompanied by the
certificate of a medical practitioner, or subject
to regulations made under this Ordinance, an
application made without such certificate.
(2) Any weekly or half-monthly payment
may, on review under this section, subject to the
other provisions of this Ordinance, be continued,
increased, decreased or ended, or if the incapacity
is found to have resulted in permanent incapacity,
be converted to the lump sum to which the work-
man is entitled.
13. An employer shall not be entitled Casesinwhich
employer may
otherwise than in pursuance of an agreement to alter weekly
end or diminish a weekly or half-monthly payment o hal-
except in the following cases:- payment.


No. 24 o cf E),56,







ANTIGUA. 16 Workmen's Compenscaion.


(1) where a workman in receipt of a weekly
or half-monthly payment in r aspectt of
total incapacity has actually returned to
work;
(2) where the medical practitioner who has
examined the workman under section 18
or, in his absence, any other medical
practitioner has certified that the work-
man has wholly or partially recovered, or
that the incapacity is no longer due in
whole or in part to the accident, and a
copy of the certificate (which shall set
out the grounds of the opinion of the
medical practitioner) together with notice
of the intention of the employer from
the date of the service of the notice to
end the weekly or half-monthly payment,
or to diminish it by such amount as is
stated in the notice, has been served by
the employer upon the workman:
Provided that-
(a) in the last mentioned case,
if before the expiration of ten clear
days from the date of the service of
the notice, the workman sends to
the employer the report of another
medical practitioner (which report
shall set out the ground of his
opinion) disagreeing with the cer-
tificate so served by the employer,
the weekly or half-monthly payment
shall not be ended or diminished
except in accordance with such re-
port, or if and so far as the employer
disputes such report except in ac-
cordance with the certificate given
by a medical referee in pursuance of
section 47; and
(b) where an application has
been made in pursuance of the said
section 17 to refer the dispute to a
medical referee, it shall be lawful
for the employer, pending the
settlement of the dispute to pay
into court-


No. 2 1of1956.







TWlorkmen's compensation 17 ANTIGUA


(i) where the notice was a notice to
end the weekly or half-monthly
payment, the whole of each
weekly or half-monthly pay-
ment becoming payable in the
meantime;
(ii) where the notice was a notice to
diminish the weekly or half-
monthly payment, so much of
each weekly or half-monthly
payment so payable as is in dis-
pute; and the sum so paid into
court shall, on the settlement of
the dispute, be paid to the
employer or to the workman,
according to the effect of the cer-
tificate of the medical referee or,
if the effect of that certificate is
disputed as in default of agree-
ment, may be determined by the
court or, on appeal by a Judge
of the Supreme Court;
(c) nothing in this section shall
be construed :;s authorising an
employer to end or diminish a
weekly or half-monthly payment in
any case in which, or to an extent
to which, apart from this section he
would not be entitled to do so.
14. (1) Compensation payable where the
death of a workman has, resulted from an injury
shall be paid into court, and any sum so paid in
shall be apportioned among the dependants of the
deceased workman or any of them in such
proportion as the court thinks fit, or may, in the
discretion of the court be allotted to any one such
dependent, and the sum so allotted to any
dependent shall be paid to him or be invested,
applied or otherwise dealt with for his benefit in
such manner as the court thinks fit.
(2) Compensation payable where permanent
incapacity has resulted from an injury shall be
paid into court, and any sum so paid shall be
paid to the /person entitled thereto or be invested,
applied or otherwise dealt with for his: benefit in
such manner as the court thinks fit.


Distribution
of coniponsa-
tion on death,


No. 24l of 1956,G







ANTIGUA. 18 WTorkmen's C ,,,,o t, ol .o,


(3) Any other compensation payable under
this Ordinance, may be paid into court and,
when so paid in, shall be paid by the court to
the person entitled thereto.
(4) The receipt of the clerk of the court
shall be sufficient discharge in respect of any
amount paid in under the provisions of this
Ordinance.
(5) On the payment in of any money under
subsection (1) of this section the court may deduct
therefrom the actual cost of the burial of the deceased
workman, to an amount not exceeding sixty
dollars and pay the same to the person by whom
such expenses were incurred, nnd 'shall, if it
thinks necessary, cause notice to be published,
or to be served on each dependant in such manner
as it thinks fit calling upon the defendants to
appear before it on such date as it may fix for
determining the distribution of the compensation.
If the court is satisfied, after any inquiry which
it may deem necessary, that no dependent exists,
the court shall repay the balance of the money
after deduction of hospital and other medical
expenses incurred to the employer by whom it was
paid. The court shall, on application by the
employer, furnish a statement showing in detail
all disbursements made.
Workman (6) Where a weekly or half-monthly payment
d? abili is payable under this O ordinance to a workman under
any legal disability, the court may, of its own motion
or on application made to it in this behalf, order
that such weekly or half-monthly payment be paid
during the disability to any dependent of the work-
man or to any other person whom it thinks best
fitted to provide for the welfare of the workman.
Variation (7) Where, on application made to the court
of order. in this behalf or otherwise, the court is satisfied
that, on account of neglect of children on the
part of a parent, or on account of the variation of
the circumstances of any 1 pe1-iIl:it. or for any
other sufficient cause, an order of the court as to
the distribution of any sum paid as compensation
or as to the manner in which any sum pI!y;able to
any such dependent is to be invested, applied or


No, 24 of 1956).







oT:',rkmen's Compensafion. 19


otherwise dealt with, ought to be varied, the
court Imay make such order for the variation of
the former order as it thinks just in the cir-
cumstances of the case:
Provided that no such order prejudicial to
any person shall be made unless such person has
been given an opportunity of showing cause why
the order should not be made, or shall be made
in any case in which it would involve the
repayment by a dependent of any sum already
paid to him.
(8) The solicitor or agent of a person Deductions
claiming compensation under this Ordinance for costs.
shall not be entitled to recover from him any costs
in respect of such claim or to claim a lien in respect
of such costs on, or deduct such costs from, the
sum awarded or agreed as compensation, except
such sum as may be awarded by a court, subject
to regulations made under this Ordinance, on an
application made either by the person claiming
compensation, or by his solicitor or agent, to
determine the amount of the costs to be paid
to the solicitor or agent.

15. Save as provided by this Ordinance, no Compensation
lump sum or weekly or half-monthly payment pay- t,, to be s.
able under this Ordinance shall be capable of being tached or
assigned, charged or attached or shall pass to any charged.
person other than the workman by operation of law,
nor shall any claim be set off against the same.

CONDITIONS OF COMPENSATION.

16. (1) Proceedings for the recovery under Requirements
this Ordinance of compensation for any injury a"to notlc aof
shall not be maintainable unless:- claim for
compensation.
(a) written or oral notice of the accident
has been given as soon as practicable after
the happening thereof;
(h) written or oral notice of the accident
has been given before the workman has
voluntarily left the employment in which he
was inj nred;


ANTITG UA.


No. 234~ of 195i6.








ANTIGUA. 20 Workmen', Compensationn.


(c) the claim for compensation with
respect to such accident has been made within
six months from the occurrence of the
accident causing the injury;
(d) in the case of death the claim for
compensation has been made within six
months after the date of death or within six
months after the date of the accident;
(e) in the case of death occurring more
than six months after the accident causing
injury, a claim for compensation has been
made by the workman within six months
of the accident:

Provided that-
(i) any defect or inaccuracy in such
notice shall not be a bar to the
maintenance of such proceed-
ings if it is found in the
proceedings for settling the
claim that the employer is not,
or would not, if an amended
notice were then given and
the hearing postponed, be
prejudiced in his defence by
the defect or inaccuracy or
that such defect or inaccuracy
was occasioned by mistake,
absence from the Presidency or
other reasonable cause:
(ii) the failure to make a claim
within the period specified
shall not be a bar to the
maintenance of such proceed-
ings if it is found that the
fail ure was occasioned by
absence from the Presidency or
other reasonable cause;
(iii) the failure to give such notice
or make a claim within the
period specified shall not be
a bar to the maintenance of
such proceedings if there be an


No. 24 of 1956,







Workmen's Compensation. 21 ANTIGUA.


acknowledgment in writing,
signed by the employer or
his authorized agent, that he
waives compliance with the
provisions of this section and
the said provisions shall be
deemed to be waived to the
e x t e n t set out in such
acknowledgment;
(iv) if the employer or his au-
thorized agent admits liability,
to pay compensation, it shall
not be necessary for the
workman to give any such
notice, and the claim for
compensation may be made
within three months after the
date of the admission of liability;
(v) the want of a notice shall not
be a bar to the maintenance
of proceedings if the employer
is proved to have had know-
ledge of the accident from any
other source at or about the
time of the accident.
(2) Notice in respect of an injury under this
Ordinance may be given to the employer (or if
there is more than one employer to one of such
employers) or to any foreman or other official
under whose supervision the workman is em-
ployed, or to any person designated for the
purpose by tht employer, and shall give the name
anda address of the person injured, and shall state
in ordinary language the cause of the injury and
the date at which the accident happened.
(3) The notice, if in writing, may be given
by delivering the same at or sending it by the
post in a registered letter addressed to the
residence or place of business of the person to
whom it is to be given.
(4) Where the employer is a body of persons,
corporate or unincorporated, the notice, if in
writing may also be given by delivering it or by


No. 241 of 1956.








. NTIGUA. 22 Jrorkmen's Cowpensalion.


sending it by post
the employer, at
than one office
such body.


in a registered letter atdlr, -- d to
the office, or if there be more
any one of the ,,dice-. of


(5) The workman shall, if required by his
employer,- supply to him such further particulars
of the accident and of the injury as the employer
may reasonably require.
(6) Any person making a false d. clarA:ti-ii,
knowing it to be false, for the purpose of obtain-
ing compensation shall be guilty of an offence
against this Ordinance and shall be liable on
summary conviction to a penalty not exceeding
one hundred dollars.

17. If a workman receiving a weekly or half-
monthly payment ceases to reside in the Presidency,
such weekly or half-monthly payment shall there-
upon be redeemed by a lump sum to be determined
by agreement between the parties and if the parties
cannot agree, as may be determined by a court on
the application of either party.

18. (1) Where a workman has given notice
of an accident or where an accident has occurred
in respect of which the necessity of giving notice
under this Ordinance is dispensed with, he shall, if
so required by the employer, submit himself for
examination by a medical practitioner provided
and paid by the employer.


(2) The workman shall, when
attend upon that medical practitioner at
and place notified to the workman
employer, provided such time and
reasonable.


required,
the time
by the
place is


(3) In the event of the workman being, in
the opinion of any medicid practitioner whatever,
unable or not in a fit state to attend on the
medical practitioner named by the employer, that
fact shall be notified to the employer, and the
medical practitioner s;o named shall fix a time and
place for a personal examination of the workman
and shall send him notice accordingly.


Pay-
ments to cease
on workman
ceasing to
reside in the
Presidency.




Medical ex-
amination
after notice
of accident.


No. 24 of Myr,i.







Workmen's Compensation. 23 ANTIGUA.


(4) If the workman refuses or wilfully
neglects to submit himself to such examination,
or in any way wilfully obstructs or unnecessarily
delays such examination, his right to compen-
sation and to take or prosecute any proceedings
under this Ordinance in relation to compensation,
shall be suspended until such examination has
taken place.
(5) The workman shall be entitled to have
his own medical practitioner present at such
examination, but at his own expense.
(6) Where the workman is not attended by
a medical practitioner he shall, if so required by
the employer, submit himself for medical treat-
ment by a medical practitioner selected by the
employer without expense to the workman.
(7) If the workman has refused to submit
himself to treatment by a medical practitioner
when so required under the provisions of subsec-
tion (6) of this section, or having submitted
himself to such treatment has dli, .ga:-rdt the
instructions of the medical practitioner, then if it
is thereafter proved that the refusal or disregard
was unreasonable in the circumstances of the case
and that the injury has been ;.:_i .1i..ll,- thereby,
the injury and resulting incapacity shall be deemed
to be of the same nature and duration as they
might reasonably have been expected to be if the
workman had submitted himself to treatment by,
and duly carried out the instructions of the
medical practitioner, and compensation, if any,
shall be payable accordingly.
(8) Where a claim for compensation is made
in respect of the death of a workman, then if
tile workman had refused or wilfully neglected to
submit himself to examination by a medical
practitioner when so required under the provisions
if this section, or had wilfully obstructed or
unnecessarily delayed the examination or had
refused to submit himself to treatment by a
medical practitioner when so required under the
provisions of this section or, having submitted
himself to treatment, had disregarded the instruc-
tions of the medical practitioner, and if it


No. 24 of 1956.







ANTIGUA. 24 IVork:men's Compensaton.


is thereafter proved that the refusal, neglect,
obstruction, delay or disregard was unreasonable
in the circumstances of the case and that death
of the workman was caused thereby, the death
shall not be deemed to have resulted from the
injury and no compensation shall be payable.

Medical ox- 19. Any workman receiving weekly or half-
arm tion of monthly payments under this Ordinance shall, if
receiving so required by tl:e employer, from time to time
ayn ents. but at reasonable intervals, submit himself for
examination by a medical practitioner provided and
paid by the employer and the provisions of section
18 shall apply to any such examination.
No co, pena- 20. Where under this Ordinance a right to
tionpayable compensation is suspended no compensation shall
for p erio d of n
suspension of be payable in respect of the period of suspension.
right.
Agreements 21. (1) The employer and the workman
sof pamens may, after the injury in respect of which the
tion. claim to compensation has arisen, agree in
writing to-
(a) the amount to be paid by the
employer as compensation in respect of the
incapacity of the workman resulting from
that injury;
(b) any other matter under this Ordi-
nance, and such agreement shall be forwarded
to the court which may within three months
cancel it and make such order (including an
order as to any sum already paid under the
agreement) as in the circumstances may be
thought just if it is of the opinion that-

(i) the sum paid or to be paid was
or is inadequate or excessive;
or
(ii) the agreement was obtained by
such fraud, undue influence,
lmis prt'sentation or other im-
proper meanI, as would in law
be sufficient ground for avoid-
ing an agreement; or


No. 24 of 19160..







TWorkmen Compensation. 25 ANTIGUA.


(iii) the agreement was entered into
in ignorance of or under a
mistake as to the true nature
of the injury.
(2) Any such agreement may on application
to the magistrate be made a judgment of the court
under this Ordinance.
(3) Where it is desired to have an agreement
made a judgment of the court, a memorandum
thereof shall be sent by any interested party to
the clerk of the court who shall, subject to the
provisions hereinafter contained, on being satisfied
as to its genuineness, record such memorandum in
a special register, and thereupon the memorandum
shall for all purposes be enforceable as a judgment
of the court:
Provided that-
(a) no such memorandum shall be
recorded before fourteen days after the
despatch by the clerk by registered post, of
notice to the parties interested; and
(b) where a workman seeks to record a
memorandum of agreement between his em-
ployer and himself for the payment of
compensation under this Ordinance and the
employer proves by affidavit that the work-
man has in fact returned to work and is
earning wage s as he did before the accident,
and objects to the recording of such memo-
randum, the memorandum shall only be
recorded, if at all, on such terms as the court
under the circumstances may think just.

22. (1) Where any person (in this section
referred to as the principal ") in the course of or
for the purposes of his trade or business, contracts
with any other person (in this section referred to
as the contractor") for the execution by or
under the contractor of the whole or any part of
any work undertaken by the principal, the
principal! shall, provided the notice of the accident
requirti under section 16 is given to him, be liable
to pay to any workman employed in the execution


Sub-contract-
ing.


NTo. 24 of j 956.







ANrTlGl 26 Workmen's Compcnsattwn.


of the work any compensation under this Ordinance
which he would have been liable to pay if that
workman had been immediately employed by him;
and where cow sensation is claimed froin or
proceedings are taken against the principal, then
in the application of this Ordinance references to
the principal shall be substituted for references to
the employer, except that the amount of compen-
sation shall be calculated with reference to the
earnings of the workman under the employer by
whom he is immediately employed:
Provided that, where the contract relates to
threshing, ploughing, or other agricultural work
and the contractor provides and uses machinery
driven by mechanical power for the purposes of
such work, he and he alone shall be liable under
this Ordinance to pay compensation to any work-
man employed by him on such work.

(2) Where the principal is liable to pay
compensation under this section he shall be entitled
to be indemnified by any person who would have
been liable to pay compensation to the workman
independently of this section.
(3) Nothing in this section shall be construed
as preventing a workman recovering compensation
under this Ordinance from the contractor instead
of the principal.
(4) This section shall not apply in any case
where the accident occurred elsewhere than on, or
in, or about premises on which the principal has
undertaken to execute the work or which are
otherwise under his control or management.

Compensation 28. (1) If a workman contracts any disease
tor occupa- to which this section applies, and the disease is due
ienal diseases. ,
to the nature of the employment, and the incapa-
city or death of the workman results from that
disease, compensation shall be payable as if the
disease was a personal injury by accident aii- i g
out of and in the' course of that emiplovymnlln, and
all the provisions of ilis )Odinaince shall apply
;ie, oi lini_ ly, -II.ijri however to the provisions of
this section.


No. 24 of 1956.







Workmen's Compensation. 27 ANTIGUA.


(2) For the purposes of calculating the earn-
ings of the workman in a claim for compensation
under this section, the commencement of the
incapacity of the workman, or the date of his death
if there has been no previous period of incapacity,
shall be treated as the date of the happening of the
accident, if he is then employed in any employment
to the nature of which the disease is due, by the
employer from whom the compensation is claimed,
and if he is not then so employed, the last day on
which he was so employed shall for this purpose be
treated as the date of the happening of the
accident.

(3) For all other purposes of this Ordinance,
the commencement of the incapacity of the work-
man, or the date of his death if there has been no
previous period of incapacity, shall be treated as
the date of the happening of the accident.

(4) If the disease has been contracted by a
gradual process, so that two or more employers are
severally liable to pay compensation in respect
thereof under this section, the aajTr',:;,t, amount of
compensation recoverable shall not exceed the
amount that would have been recoverable if those
employers had b[eni a single employer, and in any
such case those employers shall, in default of
agreement, be entitled as between themselves to
such rights of contribution as the magistrate thinks
just, having regard to the circumstances of the case,
in any action brought or application made by any
of them for this purpose.

(.') The diseasf s to which this section applies
shall be prescribed by Order from time to time of
the Governor in Council.

(6) Nothing in this section shall affect the
right of a workman to compensation in respect of a
disease to which thi:: section does not apply if the
disease is contracted ats a result of an injury in
respect: of which he is entitled to compensation
under the other provisions of this Ordinance.


No. 24r of 1956.i







ANTIGUA. 28 Workmen's C ompensation.


INSURANCE.

Compulsory 24. (1) Subject to the provisions of this
insurance Ordinance, it shall not be lawful for any person to
against work-
men's con- employ another person as a workman, unless there
pensation is in force in relation to the employment of that
clais workman a policy of insurance or other contract of
indemnity in respect of the liability of the
employer in case of the death of or bodily injury to
the workman arising out of and in the course of
such employment:

Provided that this subsection shall apply only
to the employment set out in subsection (3) of
this section, unless the Governor in Council by
Order published in the Gazette declares that it
shall apply to any other employment mentioned in
that Order, and the Governor in Council may at
any time and from time to time make a new Order
applying this subsection to other employment and
may alter, amend or revoke any suoh Order:

Provided further that this subsection shall not
apply where the workman is employed by or on
behalf of the' Crown or the Government of the
Presidency.

(2) The Labour Commissioner or any person
authorised by him in that behalf may call for and
inspect any policy of insurance taken out under the
provisions of this section.

(3) The employment to which subsection (1)
of this section applies are-

(a) any employment connected with
building construction and structural work in
connection with buildings, if more than three
workmen are engaged thereupon;

(b) any employment connected with any
woodworking machiniiry or sawmill, sugar
factory, foundry, docks, wharves or quays and
the loading and unloading of ships threat;


No. 24 of !1151;.







IF(, r/",ien's compensation 29 ANTIGUA


(c) any employment connected with
mining or forestry; and

(d) any employment connected with any
dangerous operation.

(4) The Governor in Council may, if satisfied
that a bond in such sum of money as he may fix
entered into by an employer with sufficient sureties
offers as good a security for the payment of
compensation agreed upon or adjudged to be paid
under this Ordinance, direct that such bond be
given and that it shall stand in lieu of the insurance
required under subsection (1) of this section and
every such bond shall be made in favour of the
Chief Accountant and be deposited with the
Registrar of the Supreme Court.

(5) The Chief Accountant shall, upon any
employer failing to pay any sum of money agreed
upon or adjudged by the court to be paid as
compensation under this Ordinance for the benefit
of a workman or his dependants, enforce the bond
in relation to that workman and the bond, if given
to secure the payment of compensation in respect
of other workmen shall remain in force as regards
the other workmen, notwithstanding such enforce-
ment.

(6) Every person who acts in contravention
of subsection (1) of this section shall be guilty of
an offence against this Ordinance and shall be
liable on summary conviction to a fine not ex-
ceeding two hundred and forty dollars or to
imprisonment for a term not exceeding three
months.

(7) Notwithstanding anything contained in
any law prescribing the time within
which proceedings may be brought under the
Magistrate's Code of Procedure Act, proceedings Cap,.
for an offence under this section may be brought
within a period of six months from the date on
which it first came to the knowledge of the
prosecutor that the offence had been committed,


No. 241 of 1956).







ANTIGUA, 30 TFor1'n2 t'vl (,7mPensatwOn. o


(8) In subsection (*:) of thi. section,
"dangerous operation" mens anS op .ration
connected with any llm:T,',"ir,.nre, imchinery,
plant, process or description of manual labour in
factories, workshops or elsewhere which the
Governor in Council may. hy notice published in
the Gazette, declare to be dangerous to life or
limb for the purposes of workmen's compen-
sation.

25. (1) If, after insurance has been
effected or other contract of indemnity entered
into or a bond securing the payment of compen-
sation given pursuant to section 241, an employer
becomes liable to pay compensation to a work-
man or his dependants, then notwithstanding
anything to the contrary in any policy of
insurance contract of indemnity or bond con-
tained, the insurer or person liable to indemnify
the employer or to secure the payment of
compensation under a bond shall pay the
compensation agreed upon or adjudged to be
paid, including any sum payable in respect of
costs, in the manner prescribed in section 14.

(2) No sum shall be payable by an insurer,
or person liable under a contract of indemnity
or a bond given to secure payment of compensa-
tion under the provisions of this section-

(a) unless, in the case of compensation
agreed upon between an employer and a
workman or his dependants, such insurer or
other person liable as aforesaid consented to
pay the sum agreed upon as compensation
to the workman or his dependants; or
(b) unless, in the case of compensation
adjudged by the court to be paid to a work-
man or his dependants, the insurer or
person liable as aforesaid had notice of the
application to determine the compensation
in time to enable him to apply to be added
as a co-defendant, if he is so minded; or in
respect of any judgment to pay compensa-
tion, so long as execution thereon is stayed


Conditions
under which
Liability for
payment by
insurer arises.


No. 2 t of 1956.







ofFr'))'7M,,?W 'Thnmpensatrnn. 31 ANTTGUA.


by the court or pending appeal; or in
respect of a policy of insurance, if before the
happening of the event which was the
cause of the death or personal injury giving
rise to the liability, the policy was cancelled
by mutual consent or by virtue of any
provision contained therein.

(3) If notice of the application to determine
any compensation is given to an insurer, or
other person liable under a contract of indemnity
or bond to secure the payment of compensation,
in time to enable him to apply to the court to be
added as co-defendant, the court shall add the
insurer or other such person as a co-defendant
and he shall have the same right to defend the
proceedings as if he were the employer.

(4) Where any sum paid by the insurer or
person liable to indemnify the employer or to
secure the payin,-ti of compensation under a
bond is covered by the policy of insurance
contract of indemnity or bond (as the case may
be) by virtue only of this section, such sum shall
be recoverable by the insurer or other person as
aforesaid from the employer.

26. (1) Every employer to whom section Registration
24 applies shall- of employers.
(a) within thirty days after the com-
mencement of this Ordinance in the case of
an employer already in business; or
(b) within thirty days after commenc-
in-L business,
make application for registration to the Labour
Commissioner on the prescribed form.

(2) The Labour Commissioner shall, upon
the receipt by him of an application under
subsection (1) of this -ection containing the
particulars ,.p'ci-eiol in the prescribed form and
on being satisfied that the particulars are correct
forthwith register the employer and the particu-


No. 241 of 19.56,







ANTIGUA. 32 WorTlmen's Compelsatim.


lars thereof to which the application relates and
lie shall issue to the applicant a cirTillIt:I of
registration on the prescribed form.

(3) Where any change takes place in any
of the particulars registered under subsection (2)
of this section, the employer shall within thirty
days after the date upon which the change takes
place, make application to the Labour Commis-
sioner for the registration of the change and the
Labour Commissioner shall amend the register
accordingly and issue to the applicant a certifi-
cate of registration of the change as aforesaid.

(4) The Labour Commissioner may take
such steps as he may consider necessary to
ascertain whether the particulars supplied by the
employers who apply for registration arecorrect.

(5) Any person who fails to comply with
the requirements of this section, or who wilfully
delays or obstructs the Labour Commissioner or
any officer appointed by him in the exercise of
any power, duty or function under this section
shall be guilty of an offence against this
Ordinance and shall be liable on summary
conviction to a penalty not exceeding twenty-
five dollars.

ALTERNATIVE REMEDIES.

Alternative 27. (1) When the injury was caused by
remedies, the personal negligence or wilful act of the
employer or- of some person for whose act or
default the employer is responsible, nothing in
this Ordinance shall affect any civil liability of
the employer, but in that case the workman may
at his option claim compensation under this
Ordinance, or take proceedings independently of
this Ordinance, but the employer shall not be
liable to pay compensation under this Ordinance
and damages. Acceptance of compensation
under this Ordinance shall not operate as a bar
to proceedings independent of this Ordinance.


No. 24 of 1956-i







JM rkien's (Conipensaion. 33


(2) If, within the time limited in this
Ordinance for takin proceedings, an action is
brought to recover damages independently of
this Ordinnnce for injury caused by an accident,
and it is determined in such action or on appeal
that the injury is one for which the employer is
not liable in such action, but that he would have
been liable to pay compensation under the
provisions of this Ordinance, the action shall be
dismissed; but the court in which the action is
tried, or, if the determination is the determina-
tion on an appeal (by either party) by an
appellate tribunal, that tribunal, shall, if the
plaintiff so choose, proceed to assess such
compensation, but may deduct from such com-
pensation all or part of the costs which, in its
judgment, have been caused by the plaintiff
bringing the action instead of proceeding under
this Ordinance:
Provided that the said court or the appellate
tribunal may, instead of itself assessing such com-
pensation, remit the case to the magistrate for
the assessment of the compensation, and in such
case may order the magistrate to deduct from
the amount of compensation assessed by him all
or part of such costs as aforesaid.
(3) In any proceedings under subsection (2)
of this section, when the court or appellate
tribunal assesses the compensation, it shall give
a certificate of the compensation it has awarded
and the directions it has given as to the
deduction of costs, and such certificate shall have
the force and effect of and shall be registered
as an agreement under this Ordinance.
28. Where the injury for which compen- Remedies
station is payable under this Ordinance was g, ne-nd
caused under circumstances creating a legal stranger.
liability in some person other than the employer
to pay damages in respect thereof-
(a) the workman may take proceedings
both against that person to recover damages
and against any person liable to pay
compensation under this Ordinance but
shall not be entitled to recover both damages
and compensation; and


N'o. 241 of 1956..


ANTIGUA.







Workmen's Conpensation.


(h) if the workman has recovered com-
pensation under this Ordinance, the person
by whom the compensation was paid, and
any person who has been called on to pay
an indemnity under section 22 (relating to
liability in case of workmen employed by
contractors), shall be entitled to be indem.
unified by the person so liable to pay
damages as aforesaid, and all questions as to
the right to and amount of any such
indemnity shall, in default of nareemen~, be
settled by the court.

INSOLVENCY OR BANKRUPTCY OF
EMPLOYER.

29. (1) Where the employer has entered
into a contract with any insurers in respect of
any liability under this Ordinance to any
workman, then, in the event of the employer
becoming insolvent or bankrupt, or making a
composition or arrangement with his creditors,
or, if the employer is a company, in the event of
the company having commenced to be wound up
or a receiver or manager of the company's
business or undertaking having been duly
appointed, or possession having been taken by or
on behalf of the holders of debentures secured
by a floating charge of any property comprised
in or subject to the charge, the rights of the
employer against the insurers as respects that
liability shall, notwithstanding anything in the
enactments relating to insolvency or bankruptcy
and the winding up of companies, he transferred
to and vest in the workman, and upon any such
transfer the insurers shall have the same rights
aiid remedies and be subject to the same
liabilities as if they were ithe employer, so
however that the insurers shall not be under any
greater liability to the workman than they
would have been under to the employ. r.
(2) If the liability of the insurers to the
workman is less than the liability of the
employer to the workman, the workman may
prove for the balance in the insolvency or


Provisions as
to cases of
insolvency or
bankruptcy of
employer.


ANTiGQUA. 34


No. 24 of 1956.







Workmen's Comnpensation. 35 ArNTTGA.


bankruptcy or liquidation, or, as the case may
be, he may recover the balance from the
receiver or manager.
(3) There shall be included among the
debts which-
(a) under section 38 of the Bankruptcy
Act are, in the distribution of the property Cap. 1.
or assets of a bankrupt, to be paid in
priority to all other debts; and
(b) under section 195 of the Companies
Act are in the winding up of a company to Cap. 140.
be paid in priority to all other debts,
the amount due in respect of any compensation
or liability for compensation accrued before the
following date, that is to say:-
S(i) in the first case the date of the
receiving order; and
(ii) in the second case the date of the
commencement of the winding up
of the company.
For the purposes of this provision where the Lump sum in
compensation is a weekly or half-monthly pay- lieu o
ment, the amount due in respect thereof shall,
failing agreement between the two parties, be a
lump sum to be fixed by the court.
(4) The provisions of this section with No priority if
respect to preferences and priorities shall not insured.
apply where the insolvent or bankrupt or the
company has entered into such a contract with
insurers as aforesaid.
(5) This section shall not apply where a Voluntary
company is wound up voluntarily merely for the liquidation.
purposes of reconstruction or of amalgamation
with another company.
30. (1) If the employer becomes insolvent Employer
and is ordered to pay compensation under this liable for
compensation
Ordinance, he shall, if requested, disclose to disclose
whether lie is insured against personal injury to insurer.
or death of the workman employed by him and,
if so insured, the name and address of the
insurer and the amount for which he is insured,


No. 24 of 1056.








ANTIGUA. 36 lVork7nwn'-1 No. 24 of 1t5(


(2) When the iinurer indemnifies an em-
ployer against liability to p.ty compensation and
has used or uses that emiplo,-,r's name or has
acted on his behalf in any proceedings under
this Ordinance, that insurer shall be bound by
the decision given upon those proceedings in the
same manner and to the same extent as the
employer and the insurer shall indemnify the
employer accordingly:
Provided that the liability of the insurer
shall be limited by the terms and conditions
of the policy of insurance subsisting between
him and the employer.
APPLICATION TO SPECIAL CLASSES
OF PERSONS.
31. (1) The provisions of this Ordinance shall
apply to a workman in the employment of the
Crown where in consequence of injury received
by any such workman in the discharge of his
duties a pension or gratuity is pa:,;Mle to himi or
in case of death to his dependants and such
pension or gratuity is less than the compensation
payable under this Ordinance.
(2) In this section the references to pension
or gratuity shall be construed as meaning a pen-
sion or gratuity which is payable under any law
relating to pensions in a case of injury received
or death occurring in the discharge of duty in
the service of the Government of the Colony as
defined in such law and which would not be
payable if the injury were received or the death
occurred otherwise.
32. (1) In the application of this Ordi-
nance to workmen in the employment of a local
authority, the exercise and performance by it of
its powers and duties conferred and imposed by
law, or by-law or regulation shall be regarded
as the trade, business or undertaking of that
authority.
(2) The provisions c0 the last preceding
section shall, mutatis mutandis, apply in respect
of a workman in the employment of any local
authority where provision exists by law or
by-law or regulation for the grant of a pension


Application to
workmen in
the employ-
ment of the
Crown.















Application to
workmen in
the employ-
ment of a
local authori-
ty.


No. 2~4 of1'~








WIorknmen's Compensation. 37 ANTIGtA.


or gratuity to such workman in the case of an
injury received by him in the discharge of his
duties, or to any other person in the event of the
workman's death resulting from that injury.
38. (1) Tiis Ordinance shall apply to
masters, seamen, and apprentices to the sea
service, provided that such persons are workmen
within the meaning of this Ordinance, and are
members of the crew of any ship registered in
the Presidency, or of any other British ship or
vessel of which the owner, or (if there is more
than one owner) the managing owner, or mana-
ger resides or has his principal place of business
in the Presidency, subject to the following
modifications:-
(a) the notice of accident and the
claim for compensation may, except where
the person injured is the master, be given
to the master of the ship as if he w ere the
employer, but where the accident happened
and the incapacity commenced on board the
ship it snail not be necessary to give any
notice of the accident;


Application to
persons em-
ployed on
ships.


(b) in the case of the death of the
master, seaman or apprentice, the applica-
tion for compensation shall ib made within
six months after news of the death has been
received by the claimant;
(c) where the injured master, seaman
or apprentice is discharged or left behind in
a British possession or in a foreign country,
depositions respecting the circumstances
and nature of tlhe injury may be taken by
any Judge or magistrate in the British
possession, and by any British consular
oWrlr in the foreign country, and if so
taken shall be transmitted by the person by
whom they were taken to the Governor, and
such depositions or certified copies thl r,.l,
shall in any proceedings for enforcing the
claim bh admissablh in evxidnice as provided
in secti ns 691 and i'l.' of the MNerchant
Shipping Act, 1I4-, and those sections shall 57 & 58 Vict.
apply accordingly; c. 60.


N'o. 24 of 19356.








Workmen's Compensation.


(d) in the case of the death of a
master, seaman or apprentice leaving no
dependants, no compensation shall be paya-
ble, if the owner of the ship is under the
Merchant Shipping Act, 1894, liable to pay
expenses of burial;

(e) the weekly or half-monthly pay-
ment shall not be payable in respect of the
period during which the owner of the ship
is, under any law in force for the time being
in the Presidency relating to merchant
shipping, liable to defray the expenses of
maintenance of the injured master or seaman
or apprentice;

(f) any sum payable by way of
compensation by the owner of the ship under
this Ordinance shall be paid in full notwith-
standing anything in section 503 of the
Merchant Shipping Act, 1894, (which
relates to the limitations of shipowner's -
liability in certain cases of loss of life,
injury or damage), but the limitation of the
owner's liability imposed by that section
shall apply to the amount recoverable by
way of indemnity under section 28 (relating
to remedies both against employer and
stranger) as if the indemnity were damages
for loss of life or personal injury;

(g) subsections (2) and (3) of section
174 of the Merchant Shipping Act, 1894
(which relates to the recovery of wages of
seamen lost with their ship), shall apply as
respects proceedings for the rec'wery of
compensation by dependents of masters,
seamen and apprentices lost with their ship
as they apply with respect to proceedings
for the recovery of wages due to seamen
and apprentices; and proceedings for the
recovery of compensation shall in such a
case be maintainable if the application is
made within 18 months of the date at which
the ship is deemed to have been lost with
all hands.


ANTIGUA. 38


No. 24 of i956.








4fWorkmnen s Cran pensation 39 ANTIGtA.


(2) This Ordinance shall also apply to any
person not being a master, seamen or apprentice
to the sea service, employed on board any such
ship as is mentioned in this section, if he is so
employed for the purposes of the ship or of any
passengers or cargo or mails carried by the ship,
and if he is otherwise a workman within the
meaning of this Ordinance.
34. (1) If it is alleged that the owners of netentionof
any ship are liable as such owners to pay compen- ships.
station under this Ordinance, and at any time that
ship is found in any port of the Presidency, or
within three miles of the coast thereof, a Judge of
the Supreme Cuurt may, upon its being shown to
him by any pers-on applying in accordance with the
rules of court that the owners are probably liable as
such to pay such compensation, and that none of
the owners reside in the Presidency, issue an order
directed to any officer of customs or other officer
named by the J udge requiring him to detain the
ship until such time as the owners, agent, master,
or consignee thereof have paid such compensation,
or have given security, to be approved by the J udge,
to abide the event of any proceedings that may be
instituted to recover such compensation and to pay
such compensation and costs as may be awarded
thereon; and any officer of customs or other officer
to whom the order is directed shall detain the ship
accordingly.
(2) In any legal proceeding to recover such
compensation, the person giving security shall be
made defendant, and the production of the order of
the J udge, made in relation to the security, shall
be conclusive evidence of the liability of the
defendant to the< proceeding.
(3) Where a complaint is made to the
Governor that before an application can be made
under this section the ship in respect of which the
application is to be made will have departed from
tile limits within which she can be arrested, the
ship shall, if the Governor so directs, be detained
for such time as will allow the application to be
made and the result thereof to be communicated to
the officer detaining the ship, and that officer shall
not be liable for any costs or damages in respect of
the detention, if made in accordance with the
directions of the Governor.


it 24 of 1956.fi








40 JKorkntenX, C(owupwnsa/wn. No. 21 of I r


(4) Section 692 of the kMrchant Shipping
sf 68v'1. Act, lS1, shall apply to the detention of a ship
under this Ordinance as it applies to the detention
of a ship under that Act, and, if the owner of a
ship is a corporation, it shall for the purposes of this
section be deemed to reside in the Presidency if it
has an office in the Presidency at which service of
writs can be effected.
(5) Where a ship has been demised to
charterers, the provisions of this section shall apply
to claims against the charterers of the ship as they
apply to claims against the owners of a ship with
the substitution of charterers for owners:
Provided th:ct no ship shall be detained on a
claim against the charterers of the ship after the
expiration of the term for which the ship is
demised to them.
PROCEDURE.


Workman's
right, to apply
for comlpen-
sation if no
amnou nt
agreed in four
weeks.


All claims to
he determined
by magis-
trate.


35. If an employer on whom notice of the
accident has been servPd as aforesaid does not
within four weeks after the receipt of the notice
agree in writing 'with the workman as to the
amount of compensation to be paid, the workman
may make such application as in this Ordinance is
provided for enforcing his claim to compensation.
36. (1) All claims for compensation under
this Ordinance and any matter arising out of
proceedings thereunder shall be determined by the
magistrate's court of the district in which there
occurred the accident in respect of which the claim
for compensation arose whatever may be the
amount involved. All such questions shall be
determined upon application made to such magis-
trate in manner provided by this Ordinance:
Provided that--
(a) a claim may be had and taken in a
magistrate's court of a district on which both
parties mutually agree;
(b) the Governor in (Council from time to
time may, for the convenience .of parties and
the saving of expense, by order, direct in
what magistrate's court proceedings for
compensation may be taken in re-pect of
accidents occurring in any area specified in the
order.


A~NTIGUA.








Workmen's Compensation. 41 ANTIGUA.


(2) (i) The court may, subject to regulations Referenceby
made under this Ordinance, submit co rftemedi-
to a medical referee for report any
matter of a medical character which
seems material to any question
arising in the course of the proceed-
ings before the court;
(ii) when the court has decided to refer
a matter to a medical referee by
virtue of the provisions of paragraph
(i) of this subsection, the court
shall fix the time within which the
parties may come to an agreement as
to the choice of a medical referee,
and failing such agreement, the
court shall refer the matter to a
medical referee chosen by the court;

(iii) a medical referee to whom any such
reference is made shall, in accordance
with regulations made under this
Ordinance, give a certificate of his
findings and such certificate shall be
conclusive evidence as to the matters
so certified;
(iv) regulations may be made by the
Governor in Council for prescribing
the duties of the medical referee in
cases of reference made under this
subsection and the forms to be used.

(3) No application for the settlement of any
matter by the court shall be made unless and until
some qilestiom has arisen between the parties in
connection therewith which they have been unable
to settle by agreement.

37. (1) A workman or an employer (here- Application
inafter called the applicant") who desires the fstion to be
determination of any (question arising out of an lodged with
accident in which compensation is or might be accompaniet
claimed shall lodge with the clerk of the magistrate's by particu-
court a written application in the prescribed form lars.
accompanied by particulars containing-


No. 24 of 1956.








Workmen's Compensation.


(a) a concise statement of the circum-
stances under which the application is made
and the relief or order which the applicant
claims, or the question which he desires to
have determined;

(b) the full name and address of the
applicant and of his attorney or agent and the
name and address of the respondent.

(2) If the application be made by an employer
it shall be accompanied by a statement whether he
admits his liability to pay compensation, or denies
such liability and whether the admission or denial
is total or partial, and if he admit or deny liability
partially, a statement of the extent to which he
admits or denies liability. In the case of a denial
of liability the grounds shall be stated.

(3) If the clerk of the court be satisfied that the
applicant is, owing to illiteracy, blindness or any
other physical cause, unable to furnish the informa-
tion required, he shall himself fill in the application
and particulars on the prescribed form.

88. (1) As soon as an application,
together with the accompanying particulars
and statement herein prescribed, has been
lodged the clerk of the court shall forthwith
cause a copy thereof to be served upon the
respondent together with a notice requiring the
respondent to lodge with the clerk of the court
such answer as is prescribed in subsection (2)
of this section within the period therein prescribed
and that in default of his complying with that or
of his appearing at a time and place fixed in the
notice, such order may be made under this
Ordinance as the magistrate thinks just and
expedient. Except with the written consent
of the respondent communicated to the clerk of
the court, not less than fourteen clear days
shall elapse between the date of the service,
of the notice upon the respondent and the
date fixed for hearing the application.


Copy of appli-
cation and
particulars to
be served on
respondent.


AN~TtGUA. 422


N~o. 24 of 1956.








oIVorkmen's Compensation. 43


(2) If the respondent intends to oppose
an application he shall, within seven days after
service of notice, or within such extended
period as the magistrate may upon special
request allow, lodge with the clerk of the court
written answer containing a concise statement
of the extent and grounds of his opposition.
(3) The magistrate may, at any time
before the determination of the question in
dispute and upon such terms as to adjournment
or as to costs as he deems just allow an
application, or any particulars or statement
accompanying the same, or any answer thereto
to be amended. Any such amendment shall be
lodged with the clerk of the court who shall
forthwith cause it to be served upon the
opposite party.
89. Save as is specially provided in this
Ordinance a magistrate's court shall, upon or
in connection with any question to be deter-
mined thereunder have all the powers and
jurisdictions exercisable and be ulbjhlet to all
the duties and obligations to be performed by
a magistrate's court of the district in or in
connection with civil actions in such court and
the law, rules and practice in such civil actions
shall munatis mutandis apply; and any order
made by a magistrate under this Ordinance
may be enforced as if it were a judgment or
order of the court.
40. (1) If the workman at the hearing
of an :;,p.lication be incapacitated by reason of
the injury in respect of which the application
is mace and if further it be uncertain whether
the incapacity is temporary or permanent, or
if pen.ri:aent, whether it is partial or total, the
magist rate may, if he is satisfied that the
workman is entitled to compensation in the
event of the incapacity being permanent,
adjourn the hearing for a period or periods not
exceeding twelve months in all, reckoned
from the date of the accident causing the
injury and may make an interim order that
the employer shall, in the meantime, pay such


Magistrate to
have power
and jurisdic-
tion of magis-
trate's court.










Magistrate
may adjourn
hearing for
twelve months
where there is
doubt as to
degree of
incapacity.


NJo. 24 of L956..


ANTInCd k.








ANTIGUA. 44 Workrmen's Cmpensation.


compensation to the workman as is provided
by this Ordinance in the case of temporary
incapacity for work or permanent partial
incapacity for work, as the case may be.

(2) If the workman at the hearing of an
application be not incapacitated but there is
reason to believe that the injury sustained by
him may ultimately result in his permanent or
total incapacity for work or in his death, the
magistrate may adjourn the hearing for a period
or periods not exceeding twelve months in all,
reckoned from the date of the accident causing
the injury, so that the workman may retain
his right to recover compensation in the case
of permanent incapacity, partial or total,
resulting ultimately from the injury, or the
dependants retain their right to recover
compensation in the event of the workman's
death.
Power of 41. The magistrate may, in his discre-
ngsutT te tion, on the application of either party to any
tons of lan. proceedings before him or of his own motion
without such application submit any question
of law in the form of a special case for the
decision of a Judge of the Supreme Court, and
if he does so, shall decide the question in
conformity with such decision.

Appeals to 42. (1) An appeal shall lie to the
Supreme Supreme Court from any order of a magistrate
where-

(a) a question of law is involved:
(b) the decision was one which the
magistrate viewing the evidence reasonably
con ld not properly make:

SProvided that from the following orders of a
magistrate, namely:--
(a) la order awarding as acompensat on
a lumip sum, or disallowitng a claim in
full or in part for a lamp sum;


No. 24! of 195i6.







oTTori in en ',' Yolflpenlsa/iofl 45 A


(b) an order providing fur the distribu-
tion of compensation among the dependant st
of a deceased workman, or disallowing
any claim of a person alleging himself
to be such a dependent;
(c) an order allowing or disallowing
any claim for the amount of an indemnity
under the provisions of subsection (2) of
section 22; or
(d) an order refusing to register a
memorandum of agreement or registering
the same or providing for the registration of
the same subject to conditions,
no app,,-l shall lie against any such order unless
the amount in dispute in the appeal is more than
two hundred and forty dollars.
(2) Nitwitlitidinig anything herein con-
tained, no appeal shall lie in any case in which
the parties have agreed to abide by the decision
of the magistrate, or in which the order of the
magistrate gives f, t -tr to an agreement come to
by the parties.
43. Save as provided in section 44 the Provisions of
provisions of the Magistrate's Code of Procedure adistate's
Act for the time being in force relating to cedure At to
special cases and to appeals in civil proceedings apply to SP
from a magistrate to a Judge of the Supreme appeals.
Court shall apply to and govern any special
case submitted to the Judge under section 41, Cap. c1.
and, subject to the provisions of subsections (1)
and (2) of section 42, any appeal to a Judge of the
Supreme Court under this Ordinance.
44. Notwithstanding the provisions of sec- Decisions of
tion 196 of the M ,,i-trate's Code of Procedure J"udgeofSn-
preme Court
Act the decision of a Judge of the Supreme in special case
Court in any special case submitted to him or in and appeals to
any appeal under this Ordinance shall be final, Cap. 61.

MISCELLANEOUS.
45. Any provision in a contract of employ- No right to
ment existing at the commencerment of this "ontrt oiut
of Ordinance,
Ordinance, or thereafter entered into, whereby a
workman or his dependants relinquish any right to
compensation under this Ordinance or to datuages


No. 24~t of I Pfo;


ANTIGUA.







ANTIGUA. 46 Workmm n's Compenscation.


Appointment
and remunera-
tion of medi-
onl referee.


Application for 47. (1) Where a workman has submitted
refeoe to himself for examination by a medical practitioner,
medical
referee, or has been examined by a medical practitioner
selected by himself, and the employer or the
workman, as the case may be, has within six days
after such examination furnished the other with a
copy of the report of that practitioner as to the
workman's condition, then, in the event of no
agreement being come to between the employer and
the workman as to the workman's condition or
fitness for employment, a magistrate, on application
being made to him by one or both parties, may
refer the matter to a medical referee.


independently of this Ordinance whether for the
workman or for any dependents shall be uill and
void.

46. (1) The Governor may appoint any
medical practitioner to be a medical referee for the
purpose of this Ordinance and may revoke any
such appointment at any time.
(2) Any appointinent made under the pre-
ceding subsection, or any revocation of any such
appointment, shall take effect on the date of its
publication in the Gazette.
(3) The remuneration of, and other expenses
incurred by medical referees under this Ordinance
shall, subject to regulations made under this
Ordinance and except so far as they are defrayed
by fees received from the parties under this
Ordinance, be paid out of moneys provided by the
Legislative Council.
(4) Where a medical referee has been em-
ployed as a medical practitioner in connection with
any case by or on behalf of an employer or work-
man or by any insurers interested, he shall not act
as medical referee in that case.
(5) The number of medical referees appointed
by the Governor shall be at least three at any
time:
Provided that the reduction, below three,
of the number of medical referees shall not
invalidate any reference to, or any certificate given
by, a medical referee.


No,. 24! of 1956..







TFO ronen's compensation. 47 ANTIGUA.


(2) In the case of an application made by
both parties under the provisions of the prtc(-ingl
subsection, the magistrate shall refer the matter to
a medical referee chosen by both parties, but, if
such parties c rnnot agree on the choice of a
medical referee within such time as may be fixed
by the magistrate, the magistrate shall refer the
matter to a medical referee chosen by him.
(3) The medical referee to whom the matter
is so referred shall, in accordance with regulations
made under this Ordinance, give a certificate as to
the condition of the workman and his fitness for
employment, specifying, where necessary, the kind
of employment for which he is fit, and that
certificate shall be conclusive evidence as to the
matters so certified..
(4) Where no agreement can be come to
between the employer and the workman as to
whether or to what extent the incapacity of the
workman is due to the accident, the provisions of
this section shall, subject to any regulations made
under this Ordinance, apply as if the question were
a question as tb the condition of the workman.
(5) If a workman, on being required so to do,
refuses to submit himself for examination by a
medical referee to whom the matter has been so
referred as aforesaid, or in any way obstructs the
same, his right to compensation and to take or
prosecute any proceeding under this Ordinance in
relation to compensation, or, in the case of a
workman in receipt of a weekly or half-monthly
payment under this Ordinance, his right to that
weekly or half-monthly payment shall be suspended
until such examination has taken place.
48. Every employer in any industry to Employers to
which the Governor may direct that this section "ma return
shall apply and every insurance company shall, on
or before such day in every year as the Governor
may direct, send to the Labour Commissioner a
correct return specifying the number of injuries in
respect of which compensation has been paid by
such employer or insurance company, as the case
may be, under this Ordinance during the previous
year, and the amount of such compensation


N'-. 2 4, o f 19 5 6







ANTIOTA. 48 WorTmen's Compensation.


together with such othor particulars as to the com-
together with such otlhir pI)rtic:uliars :is to tIhe om-
pensarion as the Governori may direct and in default
of complying with this section any such employer
or insurance company shall be guilty of an offence
against this Ordinance and shall be liable on sum-
mary conviction to a penalty not exceeding fifty
dollars.
Display of 49. (1) There shall be displayed at or near
notice, every mine, quarry, factory or workshop a notice
containing such abstract of this Ordinance and the
regulations made thereunder as may be prescribed
by the Labour Commissioner.

(2) Any person who fails to comply with the
requirements of subsection (1) of this section shall
be guilty of an offence against this Ordinance and
shall be liable on summary conviction to a penalty
not exceeding ten dollars.

Regulations. 50. The Governor in Council shall have
power to make regulations for-
(a) prescribing the procedure and forms
in respect of matters to be done under this
Ordinance;

(b) matters which are specifically
mentioned in this Ordinance as being matters
which may be prescribed by regulation; and
(c) generally for carrying out the
objects and provisions of this Ordinance.

Enforcement. 51. The Labour Commissioner may
institute or cause to be instituted any prosecution
for the purpose of enforcing any of the
provisions of sections 26, 48 and 49 and any
officer of the Labour Department may appear
as prosecutor for and on behalf of the Labour
Commissioner.
Revocation of 52. The declaration embodied in section 2
declaration of the Workmen's Compensation (General
and repeal.
9/1937. Legislative Competency) Ordinance, 1937, is
hereby revoked and the said Ordinance is hereby
repealed.


No. 24r of 1956.








No. 24 of 1956. Workmen's Compensation. 49 ANTIGUA-

53. This Ordinance shall come into Commence-
operation on a day to be appointed by the ment and
Gov,'rnfor ly proclamation published in the i
Gazette, but shall not apply in any case where the
accident happened, before the commencement of
this Ordinance.

ALEC LOVELACE,
President.


Passed the Legislative Council this 28th
day of August, 1956.

F. A. CLARKE,
Clerk of the Council.

SCHEDULE. SECTION 8(1)(c)(i).

Degree of
Injury Disablement
per conftum.
S Loss of two limbs
Loss of both hands or of all fingers and thumbs
Total loss of sight
Total paralysis
Injuries resulting in being bedridden permanently ) 100
Any other injury causing permanent total disablement
Loss of remaining eye by one-eyed workman
Loss of remaining arm by one-armed workman
Loss of remaining leg by one-legged workman
Loss of arm at shoulder ...... 80
Loss of arm above elbow ... ... 70
Loss of arm below elbow ... ... 60
Loss of hand at wrist ... ... 60
Loss of four fingers and thumb on one hand ... 60
Loss of four fingers .... 45
Loss of thumb-both phalanges ...... 35
one phalanx ...... 15
Loss of index finger-three phalanges ... 15
two phalanges ... 10
one phalanx ... 8
Loss of middle finger-three phalanges ... 8
two phalanges ... 4
one phalanx ... 2
Loss of ring finger-three phalanges ... 8
two phalanges ... 4
one phalanx ... 2
Loss of little iI L:.- three phalanges ... 5
twvo phalanges ... 3
one phalanx ... 2
Loss of metacarpals-first or second (additional) ... 5
third, fourth or fifth (additional 5

S? ". 7-" 7








ANTIGUA. 50 Workmen's Cpit,,.,tirn. No. 24 of 1956.

SCHEDULE-(contd.)
Degree of
Tnjury. Tiwrblernnmt
Loss of leg-at hip joint ... ... 75
above knee ... 70
at knee ...... 70
below knee ... ... 60
at ankle ..... 40
Loss of foot-at ankle ... ... 40
above the junction of the foot with toes 35
Loss of toes-all ... ... 35
great, both phalanges ... 15
great, oue phalanx ...... 15
other than great, if more than one toe lost each 3
Loss of eye-eye out ...... 40
sight of ... ... 40
lens of ...... 30
sight of, except perception of light ... 40
Loss of hearing-both ears ... ... 70
one ear ... ... 20

Total permanent loss of use of member shall be treated as
loss of member.

The percentage of incapacity for ankylosis of any joint
shall be reckoned as from 25 to 100 per cent., of the incapacity
for loss of the use of that member, according to whether the
joint is ankylosed in a favourable or unfavorable position.

In the case of a right-handed workman, an injury to the
left arm or hand and, in the case of a left-handed workman, to
the right arm or hand shall be rated at ninety per centum of
the above percentages.

Where there is a loss of two or more parts of the hand,
the percentage (of incapacity shall not be more than for the
whole hand.

A one-eyed workman who on entering employment has
failed to disclose that fact to his employer shall, if he loses
his remaining eye, be entitled to compensation in respect of
a degree of disablement of forty per centum only.

For the purposes of this Schedule, a one-eyed workman
means a workman who has lost the sight of one eve.



Printed at the Government Printing Office. Antigua, Leeward Islands,
by EARL PIGo'TT, Acting Oovernment Printor.-By Authority.
19t;.


A 47'8-560 -9.56.


[Priwc 70 cent..]




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