• TABLE OF CONTENTS
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 Main
 Antigua, Bill: Factories Ordinance,...
 Antigua, Ordinance, no. 38 of 1956:...
 Montserrat, Ordinance, no. 21 of...
 Virgin Islands, Ordinance, no....
 Virgin Islands, Ordinance, no....
 Virgin Islands, Statutory Rules...






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/UF00076853/00034
 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: VID00034
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 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
    Antigua, Bill: Factories Ordinance, 1957
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
        Page A-7
        Page A-8
        Page A-9
        Page A-10
        Page A-11
        Page A-12
        Page A-13
        Page A-14
        Page A-15
        Page A-16
        Page A-17
        Page A-18
        Page A-19
        Page A-20
        Page A-21
        Page A-22
        Page A-23
        Page A-24
        Page A-25
        Page A-26
        Page A-27
        Page A-28
        Page A-29
        Page A-30
        Page A-31
        Page A-32
        Page A-33
        Page A-34
    Antigua, Ordinance, no. 38 of 1956: City Rate (Amendment) Ordinance, 1956
        Page B-1
        Page B-2
        Page B-3
        Page B-4
    Montserrat, Ordinance, no. 21 of 1956: Forestry Ordinance, 1956
        Page C-1
        Page C-2
        Page C-3
        Page C-4
        Page C-5
        Page C-6
        Page C-7
        Page C-8
    Virgin Islands, Ordinance, no. 23 of 1956: Supplementary Appropriation (1955) Ordinance, 1956
        Page D-1
        Page D-2
    Virgin Islands, Ordinance, no. 24 of 1956: Development (Electricity and Cold Storage) Loan Ordinance, 1956
        Page E-1
        Page E-2
        Page E-3
        Page E-4
    Virgin Islands, Statutory Rules and Orders, no. 32 of 1956: Diplomatic Privileges (World Health Organization) (Amendment) Order, 1956
        Page F-1
Full Text




THE /

ANTIGUA, MO* SI

AND #Q\

VIRGIN ISLANDS


O'ublished by cAuthorily.


VOL. IT. THURSDAY, 24r-I' JANUARY, 1957.


IN notices.


It is announced hv the Minister
for Colonial Affairs. the Earl of
Perth, that Her Majesty the Queen
huis been pleased to approve the
appointment of Sir ERIC HALLINAN,
Chief Justice of ('Cyprus. to be Chief
Justice (designate) of the Federal
Suprem- Court of tlie British Carib-
bean Federatiio, which is to be
created after establishment of Fed-
eration.

Administrator'i '. ,
St. John's,
Ant ifiua.
21st Janiuai!i 1 '..
Rf. No. A. 65/7.



Under th, provisions of section 4
of the Public Health Ordinance. 1.'",a.
the Governor in Council has been
pleased to re-appoint the following
members of the Central Board of
Health for tihe Colony of Antigua for
a period of two years from 1st Jann-
ary. 1957.
Dr. A. I. BoVD,
Dr. W. 1. JOSEPH
Rev. A. E. HAT'CH- I. i r
Mr. .1. )V. I)A VI
Mr. D. MA. SHIltPArrt)
Thie Senior Medical Officer


Ad ministra/or',s Ofice,
Antiguu.
181h Jan ia r.!, 1957.
Ref. No. S.S. 9/:39J.



Mr. HU(H spRiNrtnR, O.B.E.,
Registrar of the University College of
the West Indies, has been appointed
to serve as a member of tile Cimmis-
sion on Trade and Tariffs which is
now touring the Britisli West Indies
in accordance with a Resolution of
the (Confereince (n Federation held in
London in February of last year.
The Chairman of the Commission is
Sir WILLIAM CROFT, K.C.B.. and
remaining member is Mr. H. F.
CHRISTOPHERSON. Mr. SPRINGER'S
appointment is on secondment from
the University College.


^ ? 7ifJ

A ^2.f. V~


The task of the (C'ormmission ias out-
lined by the London (Confer nee is to
exaImine and to report to lthe Federal
(Governllliet on the economic, in.- I
and other technical prohlhms involved
in the establishment of a (C'utonm
Inion for the Federal area,, and to
work out a scheme for such a I 1nion.
It was laid ldown that teii C(n'mllsIion(
should make its report not later than
2 year<- after the settit:g up of thl-
Fede al Govitruniwit.

.Admnl it\fratir's Ot0ice,
A ntip1 .
17th .Jnuawry. 1957.



It is hereby notified for general
information that tile requirements of
the Electricity, Ice & Cold Storage
Department of diesel oil for 1957 will
be supplied 1by (;o. W. Bennett;
Bryson & Co. Ltd. and .Jos. Dew &
Son Ltd. in equal proportions at the
current wholesale price at the titm of
delivery less duty.

Any ptrtol requivrd ly tlie (dlpart-
menit will be supplied by Jos. Dew &
Son at the current wholesale price at
the time of deliver. less duty.

Admin istr(ator'* ,'' *.
Antf irta.
21st January, 1957.
Ref. No. PWC 41/36.


Invalidation of Antigua Stamps.


It is hereby notified for general
information that. in accordance with
the provisions of the King (G-eorge VI
(Anti gua) Stamps (Invalidation)
Order, 1957 (Antigua S. R. & O. No. 1
of 1957) the Antigua stamps of the
following denominations, namely -d..
ld., 1 2d., 2d., 2 d. 3d.. 6d., s., 2s. 6d.,
and 5s. authorized for use by the
Stamps (Anitigui) Order, 1938 (Gen-
eral Governnent S.. & . No. 32 of
'1938) will no longer be used for the
payment of postage or stamp duties
after the 17th day of January, 1957.

2. Provision has, however, been
made in the abovementioned Invali-
dation Order for a period of grace of
three months thereafter, that is on or
before the 17th day of April, 1957,
within which holders of any of the
stamps invalidated by the Order may


effect their exch:ilige at any Post
Office in the Colony for a stamp or
stamps of equal valku authiiriseui for
use in the Coloy, of Anticua.

Adminti/htri li's O/,f'rr,

1 /; I J ian r 19 57.
Ref. P\\' 62, Is.

No. 9.
The following Bill which is to be
introduced int, the Legislative Council
of Antigua is circulated with this
Gazette and forms part thereof:
SThle Factories Ordinance, 1957."

No. 10.
The following Ordinances and
Statutory Rule and Order are circu-
lated with this Gazette and form part
thereof: -
0)! )A N ECS.
Ail t(ua.
No. 38 of 1956, "'ThIe City 'l,ite
(Aumendmuent) On liran.ce, 1956."
4 pp. 1 'icei 6 (a/s.
Mot.errit t.
No. 21 of 1956. "Thie Forestry
Ordinance, 1956." 8 pp. Price 10 cts.
Virgin I(l(nd,S.
No. 23 of 1 ". ., The -upplement-
ary Appropriation (1:'5..,) Ordinance.
1956." 2 pp. Pri c 4 ren/s.

No. 24 of 1956. "Tlie Development
(Electricity and Cold Storage) Loan
Ordinance, 1956." 4 pp. Price 6 cts.

STATUTORY RULE & ORDER.
Virgin Islands.
No. 32 of 1956;, The Diplomatic
Privileges (Worldl Health Organisa-
tion) (Amendtment) Order, 1956."
1 pp. Price 3 cents.

IT IS HEREBY NOTIFIED for
general information that until further
notice the Office of the Electricity, Ice
and Cold Storage Department in St.
M.:iy's Street, St. lohn's, will be
open to the public on the following
days and during the hours stated
her(under: -

Mondays to Fridays-9 a.m. to 12
noon and 1 p.m. to 3 p.m.

Saturd:i s--9 a.m. to 11.30 a.m.

Administrator's Oh/.-e.
St. John's
Antigua.
7th January, 1957.
Ref. No. PWO 29/3-11.


F ~


No. 5.


E^ <'






IS THE NNT.iGITA, NIONTrSElRAT ANI) VFI-UU Jr\NDS


(C)




('2)
/:~ CBi~


U': Cl `


6I.




illn Cills, 4'2 iLla ist, s-~ ti: S~l'aI''
food-'i or Il Ii i si 115 Iredii'lt z, in tood11.

Th- Aly~'!c;uAK Win th~ rlat they~
hIn, imm1 th1 uli" l I J'indR \le tk-u iii

h-forel'I t iw dalte of their saidI Appjiti'-
tion.






cA n at the II Mwlithin-; II i te,
-if tiks i-o in I tij \Iaw o t- .








apear'I id this AdvULC O vi-n'l(' in





toh i-ing of the iifd Virg: n






ti II'.
Clat a', tha trusi Miall-( "i0ll1tAnee



Atiivi' litli toipoI' tiii to'i- rI- lIil'k ill
ofresje' Of Ohei ndo-Traide l-''




befoII/ 's (iiz' Ihtr' ofiv tl~i-'jr' ~ ill \p'':liC
thi e'lti.

ionsist1. i ng of die b wiluto g ftle fi'-


apluai K i 42, Ma If lto ay Al N"Ihiatan1 tii
theda' 4tqfood jio h/II' a,, l ill food./







cate it use t le sale MraI's (Al cc',



(r'eI I 0. o iltoN.
b iVP'/itltc1' Ido of ','boe l ,Rl A.


It is Ihiorl, I-ticitied for general

,eth~ier within its smilturfaiJni is inin-
inigfIrontlll itilt n Ilt Nl.bn 7101-
A0 )()w hich Ivas 1previoiislV is-'iied to
John Crumnp oaf S--hil l a cIIli-I'llr of

I km .tillmt \\tI (l'IAll'n.






2. S. alidontt.
o in1p1isiorI! Q LWo lA I 1 1/repolrt

Fuisnd.


Sl'1lcc, .101010i~ Y//i 1 17

tti-i htimy N. 15


INCOME TAX NOTICE.

The, Iriom-r T'.i Ordin'ix l .o. 7
io 1945 (al s im l I iiIie i).

Pubh;c O.;':.:r and Pensioners.

Any public il liier or ( i p- lioler
liable to pay ilio ne tax\ wo ls in-
co me including that of hisi wife
con' si'sts sb-ly of' hisi aiii lor her
amolunlintsli as a public (iicer Tor
p|onsi,1]i'-r ior ont lr ;]lowa;i ,tce froln
public funds. shall deliver ia L.mue and
,irr' t i M.' nr i itr of his whole inc'nmeo to
Ii), (Ci n:uiii, ,ntli-rs not ler than tile
31st 1iy oif .Jl:intury, 1957. (ASction
6 7 nli S. R. & O. 1.9 6, No. 13).

Other Persons.

Every person (including a coim-
tpiny) li abt to pay inicoie tax shall
deliver a trurc aind correct return of
his whole inIcom not later than the
31st and S. U. & 0. 1946, No. 13).

Agents, Trustees, Etc.

Any person having the direction,
control or ianaitigement of any prop-
erty or c ofi iwin : ii ih half of an3 person,
whether rsidfint or non-rwsidenir, as
attornleyr,facto, agent, trustee, cura-
torl or cotnimiiltee should make and
deliver too ithe Comtnissiotiers a ri'tlrn
in respect of tsuli: property, concern
or ilncom nolt ltlcer than I llh 31st day
of Ma'c!h, 1957. (S'ctions 28 and
29).
General.

Any p1' rsoIn mey !be considered to
Ie" liable to pa:y incouL e tax if his
illcoini Irllln Al sOlrces exceeds one
hundlrd ani till ve potndsii ($537.60).

All claims for deduction from in-
comil- t;Ix nlisllt be sllbstanltiated by
the produlcti of r ec-ipts or other
iboi fide evidence.

Penalties.

Any peV r on' liable to pay income
tax whoi f'iils to ma;ke or deliver a
return within the prescribed period


G,.XZ ErTTE [Jiaury 24, 1957

Ahall ib guilty of irtn 11ii e ;uainst
thi.s (Wrilmin Iy n -iI Ii 1,r W NoW oil


oft Ilayivo 't to ji pl iso il-iit, thi or
withiot ha'I labiolni' for a, tlen not
WiN og Miix OlnwithS.






.(:ii\~~ jii~e lflll~. Ni0 IJIeSo ic n tii')i
a LikeI inni I w keeljs orI jo,1vares




: im U se ('i, ou ilni.,or par Ii iiit con-
oIhIl, ill'a l in I IIjii l vi Cil tI ax L i sI









hb' ,11:111 J)" guilty or ;ill "ifll'enc
and W1 )w Wide on mmv"A,1~to lie i to at
xvi'HIolt hlori l thoni' for't a1 teni. not
1 iing'II S~i-' llil is. (Soctjou 64).

A. A. Canes,

Ith ltiiioanuar. 1957 ,













(luniiicaiIn slrlii )0.iI iuert 111k-n tir
geiier ('nlel n ttii' 0that asN V I an Id





the :eix-ll 1957, i'theiAti aua fkeS


Enic (1tinow DpNIeR, nerd tiii the
mlluiiieatslle Tlihui Id betadritys Ice dto
tetheir"heof I ines to leprtihe it at Wil
tMe, ar'sol I~epirt.ln Al oh

4 lioa Wn init h (1/I le t t/ic he eco






Manageri of the Departin`iiill in, Air.ta


innja~in soldlmadrsedt



lVf. S ,Jf~iIIIOt'~i,

RI ~b1'/UU. 'IURSS
th(- Mlic- of 0;e department S4.



W Wuw, g1157
TRAFFIC NOTICE.

The Vehicles & Road Traffic
Ordisnance, 1946.



and) QmId 'raTmic (Wh.amw-rie, )-146.
(No. .5 of It .I hereby fi x tHe
per'liod herreun ideri for the iightirug of
\ eltiech's.


Until (i tht 5~1(i- 5 t-al1) lig oin
61.01) pi~nl. ill 6.1 aB)n


1957.

fit No. 3. .owltns



RAINFALL F!TJ'UREs.'8

Oentra] E'-tpuririiet Station,
a ntigtia.


Month


1953. 1954. 1955. 1956. 1957.


To 19h Jan. 1..3 1-90 1.8t 4.91 1.78





January 21,. 19!)>57 THE AN 'IGUA, MO)XTSIIERBAT AND VIRGI I ISLANDS GAZ I'; TE. 19
AID[rF'S given by His Honour A. F. Dawkins on the occasion of the meeting of the Legislative Council of Montserrat
held on the 11th January, 1957.


fHIonour(db/ r Menbr',s' I'/' (o 'lTw'ii.

I today have been called first to open and
now to preside over, as the first Administrator
of this ( ololu, the first B ude-,t session held here
since we became a Colony. I am very conscious
of the honour which hlas fallen to me. I regard
myself as both honoured and fortunate that nmy
first Budget session should tie such a special and
historic one.
Later today the Ionourable treasurerr will
be presenting to council l the budget for t1.57.
It has already been considered in detail by
Finance Conmmittee and I will confine myself to
one or two general remarks. It is now normal
for the Budget to be debated in Janunary, after
the year has already started; tht by this pro-
cetdure we know that the Secretary of State has
already examined in detail our advanced pro-
pos and tt and tt as a result of this examination
the size of the grant-in-aid has already been
determined. This year it is to be ,8632.484
compared with the figure last year of (lO)10,61.
This is not as much as we had hoped and asked
for, and we have been obliged as a result to
amend and curtail our proposals for expenditure.
But perhaps in the long run it does us no harm
to realize (and a disappointment over the size of
the griant-in-aid is a very effect ive way of causing
us to realize) how dependent we are on the
generosity of Her Majesty's Government. And
let us realize also that very soon it will he the
new Federal iovernclmeiI, .ud not Her Majesty's
Government, from whom we will be seeking
assistance.
It is customary on this occasion for the
Presiding Officer to give a fairly detailed review
of activities du ring the past year. Having been
in the Colony only two months I do not feel as
well qualified to give this review as others, or as
I would myself wish. I will therefore confine
myself to reviewing the main activities and I
will concluded with a few general observations
about the future.
Starting wit h the broader issues, at a con-
ference held in London. in February, to which
this Government sent one delegate and one
official advi-er. firm plars were made for the
establishment of the British Federation. All
major issues were resolved except the choice of
a capital and this it is hoped to sett le at a meet-
ing later this month. The report of the in-
dependent commission on this matter has
recently been published.
To colie nearer home, but again on matters
of constitution, the Leeward Island(s formally
defedcrated on Jluly 1st aist and Montserrat
became a Colony in its own riL;ht. This change
of name from Presidency to Colony, while
altering and raising the status of the island, does


not l1v itself alter the stilat of the island. That
can only be done by us living here and this we
must coiista;tlviII rIemler.
And niowi for purely local achievement' and
activities iurini 1)95G;. [f [ talk first about
material andi physical achievements i would not
wish it to e tlitoulght that I regard them as
more important than economic onle,;; fPr fom it.
But they are concrete and specific and in 19(l
they were considerable.
The major achieV(men t of the year was
undoubiltdly the completion of the runmiay at
BLACKBLU' N,: airfield, and, as a. result, the open-
in-g hy Leeward Islands Air Transport of a
scheduled air service to and from the island. It
would be hard to ove.,restimate the value o0 such
a service to Montserrat. In every field of
activity the existence of rapid and regular com-
munlications with other islands must make an
immense difference. I would like to congratu-
late all those who helped to bring this about.
The island owes them a lot.
Another major achievement of the year was
the improvement of the water supply in Ply-
mouth. )n A .ugust 1st tlihe pipe-line bringing
wat'r from the Killiekrankie springs was con-
nected to the Plymouth mains. There is now,
for the lirsl time for several years, ample wNater
in llymnouth. Indeed the pressure is now so
greathaltht the costs of maintenance have con-
siderably increased owing to the old pipes being
burst.
And the third major material achievement
was the extension of the electricity supply inl
Plymouth, first to a 1--hour and finally on
December 8th to a 2 t-hour supply. It is
hoped that this all-day service will, by permit-
ting the use of electrical appliances, domestic
and otherwise, cause this utility to be self-
supporting in the not far distant future. We
should not forget that none of these major
achievements would have been possible without
the generous assistance of Her Majesty's Govern-
ment.
ITh Health department continued its ante-
natal and child welfare work at all Health
Centres and Outposts and attendances have
been uniformly very 'zood. UNICEF skimmed
milk powder. a gift which is greatly appreciated,
has been most valuable, both in itself, and as an
inducement to regular attendance. The depart-
inent has worked under most hampering --I:tf
conditions and it seems to me that there is
splendid opportunity hire for voluntary helpers
to demonstrate their public spirit. The distri-
bution of skimmed milk is not an expert job
and if voluntary, helpers would step forward and
do this it would relieve the trained health staff
of a time-consuming task and give them moral
time for their proper work.




20 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE [January 24, 1957


The Plymouth Health Centre was opened
early in the year and the Molyneaux out-post
was completed. [t was not possible, and may
not be possible for some time yet, to staff this
out-post.
On the Medical side, the isolation ward has
been completed and is now in use; and the
X-ray Department has been completed; the
equipment is here and will be installed as soon
as a radiographer is available.
There have been no particular develop-
ments in the educational field. At the Second-
ary School the New block contaning the
Laboratory was occupied at the be-inniing of the
year. In primary ed(ucaiion I have been very
struck by, and I commend, the very good attend-
ance record. Many children made perfect
attendances and the average attendances
throughout the year was over 90%.
rThb main activities of the Public Works
Department have already been mentioned. A
busy year has seen also, apart from many minor
works and the normal maintenance of buildings
and roads, the bcinninti of work on two major
roads-- t. John's to T'rants and Tar River to
IRoaches.
I think it will be agreed that from the point
of view of Public Works and So;'ial Services tlhe
year has been a very good one. considerable pro-
gress having been made. Irn'ortuliatly the
coutrl y cannot earn d ily bread from these
activities. Daily bIrcatd "ioes 'r from production
and on this island, without minerals or industry,
that means agricultural production. And 1956,,
from this angle. was particularly had as, due to
the change in its planting season there was no
cotton crop. For so v y ars '!irts have been
made to broaden t[he l asis of the country's
agriculture by groNvwing oit h cropi),; than cotton
and in 1i950 tiii was given even itore attention.
Sone success was achieved, thouI'I it must ih;
rea'lzed that the deve'lopin'tti and expansi.in of
a fruit and v(ogeta;!lle idlistry re ~u irr particiu-
larly in its early st; i s, colsidleribld work in
such matters as experiment and exploration of
markets.
Vegetable marketing was organised by a
non-statutory agency, which bought and
exported vegetables t,) the t-'tal value of $77,o54.
In 1955 the t tal value of vegetables exported
was .I 10,301. The export of tomatoes showed
increase from l17,279 to S3S,s90. One difficulty
experienced was the Cold Storage Plant which
is old and of insufficient capacity. At a critical
time, unfortunately, it broke down and a
quantity of tomatoes had to be dumrped.
In another sphere, the livestock industry,
there have also been encouraging signs. For
the first time for a number of veilrs it was
found possible to export cattle a total head of
120 being exported during, the year. A cattle
census undertaken at the end of the year showed
that in spite of this export there has been a


fairly substantial increase in the cattle popula-
tion over the past 18 months. I T fortunately it
showed also that among young cattle there are
twice as many females as males. This is not
natural and shows clearly that young males are
being slaughtered. This is obviously to the
detriment of the industry as a whole alnd the
(Government is giving attention to how this
industry, which is clearly one of great potential,
can be developed.
Cotton was planted in the new season
which began on September 1;th and finished on
October r 31st. Some seed did not germinate
and was replaced free of charge Planting was
not on the scale we would have wished, an
estimated acreage of 180(), of which one third
was done bv the estates, being planted. The
estates could and would have put in nore if
they had not been restricted bv the supply of
labour. Peasants in spite of every persuasion
were unwilling to plant more, partly because
they were uncertain of the new season and
wished others to carry the risk of testing it.
The early growth of the cotton was very satis-
factory.
In other directions agricultural develop-
ntront schemes have been slowly ticking over.
I wish I could say imore. The Pasture Develop-
ment Scheme, the Sail Conservation Scheme,
the FIodter Grass Subsidy Schemne and -tho
Agricultural Credit Scheme all conceived with
the very best intentions to develop various
agricultural activities have not been taken up
and have not developed as they sho(ild hava
done.
And now what of the future ? HIonourable
Members will expect me to say something about
constitutional developments, a matter which [
know is near the heart of most of them. I have
heard it argued that Montlserrt should advance
to a ministerial consttitution on the grounds that
Mtuitserrat is now a'i independent Colony, or,
more forcefully, oin the ctarounds that she is the
only unit of tihe new Federation without such a
constitution. I would like to say at once that
I am not impressed by these arguments; in
themselves they do not, in my view, justify
constitutional advancement. I believe, and
believe firmly, that the best way to teach
responsibility i,; to provide the opportunity for
exercising it. A ind it is only the timing of this
which is under argument. A country must be
financially, politically and constitutionally ready
if it wishes to advance constitutional I say
financially, because every advance costs money.
I say politically, because it is very lesirahle that
the development of political parties should pre-
cede and not follow a ministerial system; and
by political parties f mean parties based on
policies and not on sympathy with or animosity
towards individual personalities. I say consti-
tutionally because it must first he shown that
the stage already reached is being outgrown;
that, in our case the memlber'ship system has
been mastered. My first impressions, and tlih






January 24, 1957] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE 21


are only first impressions, are that these condi-
tions are not yet satisfied in Montserrat.
b1ut it will never be constitutional develop-
mlcni that will bring about the economic,
recov:erV of this island. That can only be
agricultural development. And here w\e find a
difficult position. The economic depression has
beena causing large scale emigration, this in turn
by reducing the number of potential agricultural
producers and labourers causes worse economic
depression irom w which yet more persons run
away. In the last 2 years 2.000 persons have
lef' these shores. Somehow this exodus must
be stopped if the country is to recover. And it
must be stopped not by arbitrary restrictions but
by extinguishing the desire to emigrate and this
can only be done by improving our standard of
living here. 'his in turn will not be achieved
by raising salaries and wages arbitrarily and out
of relation to the island's production. No. it
can only come from economic recovery, and
increased production.

t seems to me and I am sure also to every
rigli thinking person on the island that the
resui'ts of this particular cotton crop are of vital
importance to this island. And this is measured,
not oniii in the immediate economic benefits
which should accrue, but also, and this is just as
important, in the psychological effect. This
could be the first tangible income after an
exc(, Tiionaily long close season; but more than
thaL. ii, could he the beginning of a turn for the
better if the peasants who held back this year
and did not plant, could le convinced that the
changed season was a good thing. This convic-
tion can be achieved by one year of positive
results which are clear for all to see far more
effectively than by vears of talk. I regard it is
of thl greatest importance to the future of the
island that this crop, now in the ground, should
be as good as we can possibly make it. We
caTrm, control the weather but we can control
other factors. In particular untold damage
could be done by not picking at, the right time,
and labour trouble could have just that effect.
I hcpe therefore that in this matter all concerned
will put the interest of the country first, and
hefore their own immediate interest, and so
ensure that the product of the crop is just as
good as possible.


But we must not put all our eggs in the
cotton basket. The broader the basis of our
economy the more will we he able to stand both the
vagaries of nature and the uncertainties of out-
side markets. Government is determined to do
everything possible to encoura, ge and develop
fruit, ve-etIable and livestock production. To
this e'nd the Statutory Export Agency has been
set alp. Steps are being taken to improve the
Cold Storage Plant (the equipment is already on
order) and the possibility of developing new
lines is continuously under examination. I am.
distressed that tihe planting of vegetables has
not been as extensive this season as it was last:
this can be partly accounted for by the fact that
this season vegetables have had to compete both
in land and labour with cotton while last year
they did not. Hut that is not. I fear, the only
reason. 'lie main reason appears to me to be
a general air of lethargy which pervades the
island.
Two ,months ago. when replying to the very
warm welcome which Honourable Members
were generous enough to accord me. I said that
I intended to go illto the country as much as I
could to see for myself what the problem was.
I have made a start in this. As I see it the main
obstacle in the way of the island's recovery is
the air of listlessness, lethargy and idleness
which pervades the island. 'here does not
seem to be any will to achieve belter things.
Nor can I wholly absolve the Civil Service from
this stricture. Unless this spirit is eradicated
future prospects are indeed dismal. It is my job
to bring new life into the Civil Service and I

pledge myself to do my best to achieve this. So
far as the man in the street is concerned a big
responsibility rests on the shoulders of Honour-
able Members. I appeal to them, as the persons
elected by this man in the street, to use their
influence to eradicate this spirit and instil in
their constituents the desire to recover, which in
this case is the desire to work.
I am convinced that the problems of this
island are capable of solution. I am convinced
that if we all conscientiously play our part,
putting the interest before all ideas of personal
popularity or power, the coming year will
witness the beginning of our difficult climb out
of the economic trough into which we have
sunk.




22 THE ANTIGUA, MONTSERIRAT AND VIRGIN ISLANDS GAZETTE. [24 January, 1957

In the Windward Islands and Leeward Islands Court of Appeal
On Appeal from the Supreme Court of the Windward Islands and Leeward Islands.
(APPELLATE JURISDICTION)
ANTIGUA CIRCUIT
Between:
SABINA G(I.ORGE Appellant-Relspondent
v.
JAMES PIGOTT Resfpondent-Appellant
(1956. No. 1-Antigua)
BeIfor: JACKSON, C.J., GORDON and WILLS JJ.
1956--December 12, 15.
E. E. IlARNEY /or Appellaunt
CHRISTIAN Q.C. with L. H. LOCKrIHART /fr Repondent.
JUDGMENT.

The plaintiff Sabina George instituted a claim before the learned Magistrate District B,
Antigua, under the Agricultural Small Holdings Act 1938 in which she claimed as follows:-
Compensation $
(a) first ratoons 13.76
(b) other ratoons 18.00
(c) 4 banana trees 4.00
(d) 9 pineapple trees 4.32
40.08
less land rent for period-
1st April 1954 to 31st July, 1955 3.85
36.23
To this claim the; defendant James Pigott admitted items (a) (c) and (d) thereby putting in
issue the sum claimed for other ratoons' $18.00
On this issue the Magistrate assessed the value of item (b) in the sum of $11.00 and entered
judgment for the plainltill in the several sums admitted by the defendant together with the sum of
$11.00 and costs. From this decision the defendant Pigott appealed to the Supreme Court on the
following grounds:-
1. That the decision is unreasonable and cannot be supported having regard to the
evidence.
2. Tlhat the decision is erroneous in point of law in that the learned AM,-istrate
interpreted Secrion 20 (2) of the Agricultural Small Holding Act so as to permit a tenant
to claim compensation for third awld fourth ratoons growing upon the holding where the
law clearly limits the payment of compensation to first :and second ratoons.
The Appeal came on for hearing before Lewis, J. and he set aside the judgment of the
Magistrate as regards his award of $11.00 in respect of item (b).
From this decision Sa:bina George the plaintiff has appealed to this Court on the following
ground:-
That the learned Judge was wrong in law in holding that in Section 20 sub-section (2)
of the Agricultural Small Holding Act, 1938, as amended, the expression "canes growing
upon the holdii in the ordinary course of cultivation meant canes actually planted by the
tenant on the holding in pursuance of his agricultural activities and did not include ratoons
actually growing' )on the holding on the (late of the determination of the tenancy and that the
expression subsequent crops' meant ration crops actually growing on the holding on the date
of the determination of the tenancy."
Counsel for the appellant argued that under subsection 2 of Section 20 of the Agricultural
Small Holdings Act No. 12 of I.13, as amended by the Agricultural Small Holdings (amendment) Act
No. 7 of 1954 compensation wa s payable at the determination of the tenancy for all canes growing on
the land whether they be plant canes', first ratoons, second ratoons, third, fourth, or fifth ratoons.
He further emphasized that the words in sub-section "and for subsequent crops" would not refer to the
crops growing on the land but to ratoons which would spring thereafter.





23nu.,ry, 241957] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETET 23
Counsel for the respondent submitted that the relevant section did not admit of that interpreta-
tion and urged that the proper construction is that compensation would be paid on plant canes and
first ratoons, but for second ratoons only when good husbandry had been established by the tenant.
Sub-section (2) of Section 20 of the 1938 Act reads:-
"(2) In the case of sugar cane cultivation, compensation shall be paid for canes, growing
upon the holding in the ordinary course of cultivation, and for subsequent crops not extending
beyond first ratoons: Provided that no compensation shall be payable in respect of any sugar
cane planted, without the consent in writing of the landlord, after service of notice to quit."
and the amendment to the above by the Amendment Act reads:-
"(2) In the case of sugar cane cultivation, compensation shall be paid for canes growing
upon the holding in the ordinary course of cultivation and for subsequent crops not extending
beyond first rations and, provided that the tenant has cultivated and managed the holding in
accordance with the rules of good husbandry, for subsequent cane crops not extending
beyond the second ratoons:
Provided that no compensation shall be payable in respect of :ay sugar cane planted,
without the consent in writing of the landlord, after service of a notice to quit."
It will be observed that the 1938 Act makes provision for only first ratoons while the
amendment by the 1951 .cVt provides for compensation for second ratoons if certain conditions are
complied with. Sub-section 2 provides special rules governing compensation payable in respect of cane
cultivation, the section specifically sets out that compensation shall be paid for 'canes growing on
holding in the ordinary course of cultivation anri for subsequent crops not extending beyond first
ratoons:' and as has been particularly remarked by r(espondtent's counsel only special conditions would(
.render compensation payable for second ratoons.
'The ordinary meaning of cultivate is to bestow labour and attention upon (land) in order
to the raising of crops. to produce or raise by tillage." A ratoon is a new shoot or sprout springing up
from the root of the sugar cane after it has been cropped.
In construing a statute one must regard the whole statute for the true meaning of any passage
is that which best harmonies with the subject and with every other passage of th", statute. Particular
words in an Act must be construed with reference to their context and to the whole tenor of the Act.
The aim, scheme, and scope, of the sub-section under review is to protect the tenant and make compen-
sation payable to him for three classes of canes on the land (1) Cultivated canes, (2) First ratoons
(3) Second ratoons.
After due regard is paid to the scope and scheme of the Act we think t i i implicit in tie
language of the sub-s:'::tion that compensation for ratoons beyond second ratoons waXs not inltended( to be
awarded and that acioit!s for the absence of any provision for third or subsequent ratoons 'rowiii on
land held by the tenlit. In our view to construe the section to include third and subsequent trtoons
would he to strain and enlarge its provisions. We hold therefore that sub-section olf section 21 ''f the
Act as amended only makes provision for compensation for such cane s as hlive eiicn paiantil 1 the
holding by the tenant and for a first ratoon sprouting therefrom, and a second sprout from the first
ratoon if the holding is cultivated and managed in accordance with good husbandry.
The judgment of the learned trial Judge is affirmed, and the appeal dismissed with costs.

I)ONALD JACKSON,
( il' .Justice.
K. L. G(RDON,
/jine Juj/c.
J. LITTLETON \WILLS,
Paisne Jud.,e.





.241 THE ANTGUUA, MONTSE?:.I!r VT AND) VIRGIN ISLANDS GAZETTE [Jdiaty 2.t t I '

In the Windward Islands and Leeward Islands Court of
Appeal

On Appeal from
THE COURT OF SUMMARY JURISDICTION OF THE LEEWARD ISLANDS.
ANT~ GUA CIRCUIT.



of IASC:eLLE LE(WtIS (a Convict) 'litil'- .//rp,'ia

iind

ISAIAH JOSEVPH D/cJ( ldal/ l-1t/e-iWidfN,,I
1956--No. 2. ANTIG UA

Tit'r': JACKISON C. J., Goii)ON and WILLS .1.
196., D)ecember 12, 15.

UAnROD I 1. i.:v for appellant
CiiaiSTIAN Q.C. with L. Ll. Locicknant for respondent.
JUDGMENT

The plaintiff as Administrator of the property of one Lascelle Lewis, ( a convict), sues
the defendant Isaiah Joseph for possession of certain land at Clare Hall which he occupied. Some
time in 1932, La eelle Lewis bought a parcel of land known ;is plot V situate at Clure Hall in
the Parish of S John from tihe 1 ioverlilet of Antligiiua and occuipied it. In the vear 1943, Lewis
sold to the d'eftcid;tii a portii: of that piece or parcel of land 5U' x i 1 for the sum of .12. 10.,
one half of the orini iial ccus! price aidii issued to the d!efendanit a receipt therefore. It was agreed between
the partii ti a win -i i.as ell wis r '(,e ,i ; he would then colnvev to the defendlaut tihe portion sold to him. Lewis piit the delfeindallnt into
possession of the said piece or parcel of land sold to hiln; the defendant afterwards put buildings on the
land including a bakery 20' x 20' nwde of brick and stone. From 1943 up to the institntion of tils
suit, the defend:tmi iIn ttpursuanll(e f thie coilract of sale ecijot'ed tuninterruiplted use of that land. In
1954, during Lewi.-' inUcarce'iation r!e (Goverlinlintt under the Title bv Re'iistrnition Act caused to ho
issued in favour of Lascelie Lewis a certificate of Title for the parcel of lani bought by hihn thus
conmpDlting the c onveyoVIIne. L,:scelle Lewvvis was on 28th Janiuary, 1953 collricted by the Supreme
Court of an offenci e and sentenlced' to iniprisonmIent with hard labour for ten years. Early in 1955
the plaintiff applied to, Ibe aippoinlid aIs \Administrator of the property of La.icel Lewis; this appoint-
ment ihe received by imnstriuiiniet dated 22nid April 1955. Soimettime thereafter plaintiff causeit a letter
to bie written bv his solicitor tldeanalldin f'roml thir defendant possession of the parcel of land held by
him. The defenidant through his solicitor, oln 2fth June, 1955, wrote to the plaintiff's solicitor,
reciting the contract defenant had n111te wirth Laseelle Lewis :and re( qestIedi thit, title to defendant of
thle portion tie oecupieid be transferred to himi. O()i 21i(1 July, 1955 pliiitiil filed a writ claiming
possession of the land onecupied bv tile defendant. The defendant by his !efence claimed that hei was
in possession and that plaintiff's claimi was barred by the Real Property Limiitation Act Cap. 18; he also
counterclaimed for a declaration that lie is entitled to the portion of the I : ad occupied by him. The
learned.trial Judge found in favour of the defendant and granted the declari.' ion .-ouiht.

From this judgmelit the plaintiff has appealed.
Plaintiff in the course of his evidence said:
"'I did not tell Lascelle Lewis that I was birnging a cale a i::.nt defendant. I did not
discuss this nmatteo! with Lascelle Lewis. I do not know if defendant bought a piece of
the land from Lascelie Lewis. The defendant hias lived on t e land without paying rent
or without being disturbed by anyone. Laseelle Lewis was sent to prison for an
offence involving disLonestv. I do not know if defeiunant iouulit a half of tiis land
from Lascelle Lewis lnor lo I know if a receipt was issue,1 in the presence of Robert
Carty for the purchase price of a h:ilf of the laud. Lascelle Lewis bought this land in
1932 and his certificate of title was oiil issued in 1954. .................... I have a
copy of the letter written to mY solicitor in which defend;.. wxas claiming hiialf of the
land. I did not go to see Lascelle Lewis to find out if the (defendant's claim w:ls true."






r 21.1W. I TE A XTIGUTA, \IfONTS F~1 \iI'R AT AF) V Nl;H TN7 IS; (1 GAZ EITF'E. 2 5
Liicelle Lecwitn I., ti ill :dive %ndi has filwax'M been :ivail 'IM 0 () Ik :11wlialit it' vi-,lta t, -ZeC hlim
['eprisonl1,. NA- it~il a1 11ile f'oni thet o"Urt JOIoae aW npoe oitoiL~HLe have
zmvc testimony ifi pianotiiff wished to hx e him. 'onmi4l for iee ompefl;rt Pi the!'{
lit to urv~e rhVi, Cotrt to reverse the jodgunirit of ttrh llV mjedl trial jti(e uq i i ii' t it'r of the
tTX) mt, 1: -e C 1i 00 1!() folt tat tiapptalat. V; Iviran onax>i,. il'Ytaso
"It U11 lle 'CP1ill-i 0 ';Is aold ieliltOratel\ ciio>C0 hot( :o !:tkr i ft1 disclostire' to tite \oit't. 1li hi biOaCII
gull-ty of a lac-k o1' !,iidouir ~nd the C'a rt nititt >cl 1 ic f 2 iimost ~eIiolifzol conl1110 The
'a>' h f5ot lwi oved anid the luarml~e J1 Id ~ ~ilint it, I.-ei !I'., clailil.
'['Ii" trotl J Hdu-e in7 his i'eat-&aHe omeli-del 't-
Th~
T;lile -nhni-~ion by eoail i~-l for rdac l'i;diti ti atiR thef title to thi! ini r iirtanned in~ thie
thy: I,-~le ~~
Irojil tle' Mtipi'O'i'pe1lrs lthat t-iabhir for tIt,aIehe a ir sia Nl :Ii o i 'tnn d ill ao-i1l of
ilu-- laiin sim-c 1932 au2d tia-, defviio ales a'l(Tr4e I SCi)ibet( -);v a> hxa'e foarid, in
I o4:)), an,,d loiS r'emafinetd midisur-li and miililattrroi uo th)'le p1-- -- at time.

hai the i-estilt 1 ,1i1 of I7:k? opinion th~at"lie d,-fe~iidaut I-ks -saieit c laimi o aives
WsseVlSS01 -aiU t thle plaintifti f'w rhioe req iirel periodl of 1-1 2\en rs ih' 1 I icr- tringly
diismiss thle p~lainfiff''s Ailm with - --(;.,1 cosis..

Thcre will '!l iia dee laratiom for the def(-iidItint onI tie c(''111er(l1arin is prayed.'
We :ire not colixiiliCe~l that thiere wais :tit im lli ti t,01 ::liV i(-cessiit\ to decide the (1IIestioe ) on
0r *mu' and of ad verse posste,,ioii aia1 Ne therefore I ike no conmmten t (iii that tiiidi11%. Iflre I vs
Wt ever ample de l eilice upoi which the (clhalatff11 S011igt c(, ui Ihe made mlid We aiflitiin the it-itrient
Tn that rci '1-'!-I [' w:\ ,)1I is d"10111 iS.Sod with vo.,ts to be ptIId 'rOl)ris ll y by the tla pieflaft.

D ONALD L'. ACi0soN,





Jatisne Judge.





lII[StSfitATIO-N' AN) LiCENSING OF MIDoWIV ES, VIRGIN island's. .


(a) l'ieaistered Midviwies-
(3) IDavit -. Mary Louise
(5) DoInova i'n, Trinita
(2) lHendrlicLks. Mrs. Dolorita
(4) 0'Neal, Mrs. iris
(1) Penn, Iris Muriel
(6) Scatliffe, Mir,-. Allegra

(b) Licensed Milwive--
(6) Nlratlvhaite. 'Emily
(1) Creque, \ icioria
(4) l)onovain. Ilizal)eth
(2) Freeman, ( iiistiana
(7) Malone, [hIsa
(3) Penn, losaliind
(4) Sprauve, Trophina

Ref. No. A. 67/7-V


lioadl Town, Torrola
Carrot I av, Tortola
IE-ast End. .ost V\an )Dykes
The Valley. Vir gin Gorda
East liEnd. Tortola
C(:rr)or tiav. Tortola


i; moniilo's i:stat-, Tortola
North Sound. Virgin (I <:i
C(irnrt lHay. Torrola
Cooici !?av, Tortola
lao;! I.ook, Tortola
Longll- Look. Tortola
North Sound, Virgin Gorda
Administrator, 'Virgin isLind.


I rinted at the ov inmenit Printim,, O11oe. El'gua. Lr-:-wd ilal. i I. X-W M I ANAM -N 1 M L,
(Governrnint Prjnotrr. ltv Aunltoit.- ,
inter.ce f II endn..






THE FACTORIES ORDINANCE, 1957.

No. 'of 1957.

ARRANGEMENT OF SECTIONS.
PRELIMINARY.

1. Short Title
2. Meaning of Factory" \BR ~
3. Interpretation \ ,-
PART I.
APPLICATION OF ORDINANCE. L

4. General application
5. Application to factories belonging to Government .l
6. Application of Specific Provisions '
7. Responsibility where part of building is separate factory

PART II.

HEALTH, SAFETY AND WELFARE.

8. Health
9. Safety
10. Welfare
11. Special Protective Measures

PART III.
MISCELLANEOUS.

12. Notice of occupation of factory, and use of mechanical power
13. Notices, Records etc.
14. Protection of Outworkers
15. Duties of persons employed
t;. Prohibition of deductions from wages

PART IV.
ADMINISTRATION.

17. Appointment of Inspector and other officers
18. Powers of Inspector
19. Certificate of appointment of Inspector
20. Duty to furnish means for Inspector
21. Penalty for disclosure of trade secrets
22. Issue and revocation of certificates
23. Provisions as to Regulations and Orders made under this
Ordinance
PART V.

fIFENC'E>. PENALTIES AND LEGAL PROCEEDINGS.

24. (011nce -
25. Provisions regarding continuing ,ll-rir .


7y ~ i





PART V-(Cont'd).


26. Fines for offences for which no express penalty provided
27. Power of court to order cause of contravention to be remedied,
28. Fines in case of death orinjury
29. Fine for offense by parent
30. Firg-- y of certificates, false entries, and false declarations
31. Penalty for persons actually committing (.I.-Ie- for which
occupier is liable
32. Penalty for obstruction, etc.
33. Power of occupier or owner to exempt himself from liability on
conviction of the actual (.1, ,.-,
34. Proceedings against persons other than occupiers or owners
35. Owner of machine liable in certain cases instead of occupier
36. Prosecution of offences and recovery and application of fines
37. Special provisions :s to evidence
38. Service and sending of documents, etc.
39. Certificates of birth
40. Power of court to modify agreements
41. Power of court to apportion expenses
42. Revocation of declaration and repeal 2/1947
43. Commencement and Saving


FIRST SCHE DULE-Interpretation of expression "factory"


SECOND SCHEDULE-Particulars to be submitted by occupier
or intending occupier of a factory.





No, of 1,'.. .


ANTIGUA.

No. of 1957.
BILL FOR
An Ordinance to provide for the regulation of the
conditions of employment in factories and
other places as regards the health, safety and
welfare of persons employed therein, for the
safety and inspection of certain plant and
machinery, and for purposes incidental to, or
connected with the matters aforesaid.

[ Commence-
ment.
ENACTED by the Legislature of the Colony
of Antigua.
Preliminary.
1. This Ordinance may be cited as the Fac- Short title.
stories Ordinance, 1957.
2. Factory in this Ordinance means any Meaning of
premises included in the First Schedule. "factory"
3. (1) In this Ordinance unless the context Interpreta-
otherwise requires- tion.
"air receiver means-
(a) any vessel (other than a pipe or


Factories,.


ANTIGUA.





ANTIGUA. 2


coil, or an accessory, fitting or part of a
compressor) for containing compressed
air and connected with an air compressing
plant, or
(b) any fixed vessel for containing
compressed air or compressed exhaust
gases and used for the purpose of starting
an internal combustion engine, or
(c) any fixed or portable vessel (not
being p;irt of a spraying pistol) used for
the purpose of spraying by means of
compressed air any paint, varnish, lacquer
or similar material, or
(d) any vessel in which oil is stored
and from which it is forced by compressed
air;
"bodily injury includes injury to health;
"building operation" means the construction,
structural alteration, repair or main-
tenance of a building (including re-
pointing, re-deco:ation and external
cleaning of the structure), the demolition
of a building, and the preparation for,
and laying the foundation of, an intended
building, but does not include any
operation which is a work of engineering
construction within the meaning of this
Ordinance;
" class or description ", in relation to factories,
includes a group of factories described by
reference to locality;
"contravention" includes in relation to any
provision a failure to comply with the
provision and the expression "contra-
vene shall be construed accordingly;
"driving-belt" includes any driving strap or
rope;
"fume" includes gas or vapour;
"harbour includes harbours properly so
called, whether natural or artificial, piers,
jetties and .other works in or at which
ships can obtain shelter, or ship or unship
goods or passengers;


Factories.


No. of 1957.






No. of 1957.,


"inspector" means a factory inspector ap-
pointed under this Ordinance;
"machinery" includes any driving-belt;
"maintained means maintained in an efficient
state, in efficient working order, and in
good repair:
i'mine"' includes any place, excavation or
working whereon, wherein, or whereby
any operation in connection with mining
is carried on, but does not include a
quarry;
owner means the person for the time being
receiving the rents or profits of the
premises in connection with which the
word is used. whether on his own account
or as agent or trustee for any other
person, or who would so receive the
same if the premises were let;
"parent" means a parent or guardian of, or
person having the legal custody of, or
the control over a child or young person,
and includes in relation to any child or
young person, any person having benefit
from his wages;
prime mover means every" engine, motor
or other appliance which provides mechan-
ical energy derived from steam, water,
wind, electricity, the combustion of fuel
or other source;
"process includes the use of any locomotive;
quarry" means any excavation for the pur-
pose of mining stone, slate, granite or
other igneous or metamorphic rocks,
quairtz, marble, flint, chalk, gravel, sand,
clay or gypsum, together with all build-
ings, erections. plant, machinery, railways,
appliances, stores, waste heaps and dumps
belonging or appertaining thereto;
" railway '" means any railway used for the
carriage of passengers or goods and in-
cludes any works of the railway company
connected with the railway;


I NIGA


] ,, .





NT U 0c. of 1:'-.7.


" salt works" means any works in which the
extraction of salt from brine is carried on
or in which salt is produced by refiining
rock salt by its dissolution at the place of
deposit or-otherwise;
" sanitary conveniences includes urinals,
water-closets, earthclosets, privies, ashpits,
and any similar convenience:
"Schedule means Schedule to this Ordi-
nance;
"section means section of this Ordinance;
"steam boiler" means any closed vessel in
which for any purpose stearn is generated
under pressure greater than atmospheric
pressure and includes any economists used
to heat water being fed to any such
vessel, and any superheater used for
heating steam;
"steam container" means any vessel (other
than a steam pipe or coil) constructed
with a permanent outlet into the atmos-
phere or into a space where the pressure
does not exceed atmospheric pressure,
and through which steam is passed it
atmospheric pressure, or at approximately
that pressure, for the purpose of heating,
boiling, drying, evaporating or other
similar purpose;
" steam receiver means any vessel or appara-
tus (other than a steam boiler, steam
container, a steam pipe or coil, or a part
of a prime mover) used for containing
steam under pressure greater than atmos-
pheric pressure;
" stone includes all kinds of limestone, sand-
stone, calcareous sandstone or basalt;
Stenement factory means any premises
where mechanical power from any prime
mover within the close or curtilage of the
premises is distributed for use in manu-
facturing processes to dlftni lrt parts of
the same premises occupied by different
persons in such manner that those parts
constitute in law separate factories;


ANTIGUA, 4


Paclories.






No. of 1957.


Factories.


"transmission machinery mars every shaft,
wheel, drum. pulley, system of fast and
loose pulleys, coupling, clutch, driving-
belt or other device by which the motion
of a prime mover is transmitted to or
received by any machine appliance;

"womanea mens a woman who has attained
the age of eighteen;

"work of engineering construction means the
construction of any railway line or siding
otherwise than upon an existing railway,
and the construction, structural alteration
or repair (including re-pointing and re-
painting) or the demolition of any dock,
harbour, bridge, viaduct, waterworks,
reservoir, pipe-line, aqueduct, sewer,
sewage works or gasholder, except where
carried out upon a railway and shall
include such other works as may be spe-
cified by regulations made by the Gover-
nor in Council;
"young person means a person who has
attained the age of fourteen and has not
attained the age of eighteen.

(2) A woman, young person, or child who
works in a factory, whether for wages or not, either
in :i process or in cleaning any part of the factory
used for any process, or in cleaning or oiling any
part of the machinery or plant, or in any other
kind of work whatsoever incidental to or connected
with the process or connected with the article made
or otherwise the subject of the process therein,
shall, save as is otherwise provided by this Ordi-
nance, be deemed to be employed therein for the
purposes of this Ordinance or of any proceedings
thereunder.

(3) A young person who works in a factory,
whether for wages or not, in collecting, carrying or
delivering oods. L. n-, e_ messages or running
errands shall bc deemed to be employed in the
factory for the purposes of this Ordinance or of any
proceedilns thereunder.


5 ANTIGtTA.






(4) For the purposes of this Ordinance, an
apprentice shall be deemed to be a person employed.
PART i.
APPLICATION O ORDINANCE.
General appli- 4. Save as in this Ordinance otherwise
cation. expressly provided, the provisions of this Ordinance
shall apply only to factories: as defined by this
Ordinance, but shall, except where the contrary
intention appears, apply to all such factories.
Application 5. (1) This Ordinance shall apply to fac-
loagino stories belonging to or in tihe occupation of Her
Government. Majesty's Goverianent in the United Kingdom or
the Government of the Colony and to building
operations and works of engineeri g construction
undertaken by or on behalf of Her Majesty's
Government in the United Kingdom or the
Government of the Colony: but in the case of any
public emergency the Governor may, by order, to
the extent and during the period named in the
order exempt from this Ordinance any factory
belonging to Her MaJi'-~,'s Government in the
United Kingdom or the Government of the Colony
or any building operations or w works of engineering
construction undertaken by or on behalf of Her
Majesty's Government in the United Kingdom or
the Government of the Colony or any factory in
respect of work which is being (lone on behalf of
Her M Ij, -ty's Government in the United Kingdom
or the Government of the Colony.
(2) In this section-
Her Majesty's Government in the
United Kingdom" includes any department
thereof; and "Government of the Colonv"
includes any department thereof.
Application of 6. The Governor in Council may by order
specific provi- declare that the provisi-nis of certain sections shall
s1ins. .
be applicable to tenement factories, electrical sta-
tions, premises in which steam boilers are used,
premises in which hoists and lifts are used, institu-
tions, docks, wharves, quays (including any ware-
houses in connection with the same) and other
warehouses, ships on which work is being carried
out in harbour or wet dock, building operations,
works of engineering construction,


ANTIGIJ. 6


No. of 1957.






.o. of 1.7.


Factorvzs.


I/ ANNTUtA.


7. Where a part of a building is let as a Responsibility
separate factory the Governor in Council may by ',,;"ee part 1 f
order declare which sections of the Ordinance are to separate
be the responsibility of the owner of the building factory.
and which the responsibility of the occupier of the
factory.
PART II.
HEALTH, SAFETY AND WELFARE.

8. (1) The occupier of every factory shall- Heailth.

(a) keep the factory in a clean state;
(b) not permit the factory to be over-
crowded;
(c) maintain a reasonable temperature in
the factory;
(d) secure adequate ventilation in the
factory;
(e) provide suitable and sufficient lighting
therein;
(f) provide effective means for draining
floors;
(y) provide suitable and sufficient sanitary
conveniences for the use of the persons em-
ployed in the factory.
(2) The Governor in Council may make
regulations prescribing the standards to be achieved
with respect to any of the above obligations and the
methods of attaining them.
(3) (a) The Governor in Council may make
orders prohibiting the employment of any young
person in a factory after a prescribed period of
time, being not less than seven days. unless he has
been examined by a duly qualified medical practi-
tioner and certified by him to be fit for that
employment.
(b) Such orders may apply to all factories
or to prescribed classes or descriptions of
factories and to all young persons or to
prescribed classes and descriptions of young
persons.
(c) Such orders may also prescribe the
conditions and procedure under which certifi-
cates are to be issued,





ANTIGUA. 8 Faclories. No. of 1957.
(4) The Governor in Council may make
regulations requiring arrangements to be made for
medical supervision in any factory.
Safety. 9. (1) For the purpose of securing the
safety of persons employed in or performing any
duty in a factory the following provisions shall
apply to every factory:-
(a) there shall so far as is reasonably
practicable be provided and maintained safe
means of access to every place at which any
person has at any time to work;
(6) adequate measures shall be taken for
the prevention of fire in every factory and the
provision of adequate means of escape in case
of fire for the persons employed therein;
(c) where in any factory explosive or
inflammable dust, gas, vapour or substance are
present, precautions shall be taken in order to
reduce the risk of fire or explosion to a
minimum;
(d) all machinery used and every part
thereof which is in use in any factory shall be
made safe to all persons employed or working
in the factory. For this purpose the word
"machinery shall be deemed to include-
(i) every machine and every part
thereof;
(ii) prime movers and every part
thereof; and
(iii) transmission machinery includ-
ing every shaft, wheel, drum,
pulley, system of fast and loose
pulleys, driving-belt or chain,
couplings, clutch or other device
by which the motion of a prime
mover is transmitted to or
received by any machinery or
appliance;
(e) every steam boiler, steam container,
steam receiver, air receiver, gas holder or other
pressure vessel used in any factory shall be
operated and maintained in such a manner as
to be safe to persons employed or working in
he factory;







(f) all chains, ropes and lifting tackle,
cranes and other lifting machines, hoists and
lifts used in any factory shall be operated and
maintained in such manner as to be safe to
persons employed in the factory;

(g) all floors, steps, stairs, passages and
gangways shall be of sound construction and
properly maintained and every part of the
ways, works, machinery or plant used in the
factory shall be in such a condition or so
constructed, or so placed that it can be used
without risk of bodily injury.

(2) (a) Every steam boiler in a factory and Steam boiler..
all its fittings and attachments shall be examined
thoroughly by a competent person at least once in
every period of fourteen months and also after any
extensive repairs.
(b) Any examination in accordance with
the requirements of the last foregoing sub-
section shall consist, in the first place, of an
examination of the boiler when it is cold and
the interior and exterior have been prepared in
the prescribed manner, and, secondly, of an
examination when it is under normal steam
pressure; the examination under steam pressure
shall be made on the first occasion when steam
is raised after the examination of the boiler
when cold, or as soon as possible thereafter;
and the person iltkiiL the examination shall
see that the safety valve is so adjusted as to
prevent the boiler being worked at a pressure
"greater than the maximum permissible working
pressure.
(c) A certificate of the result of every such
examination in the prescribed form shall be sent
to the Labour Commissioner within twenty-
eight days of the completion of the examination.

For the purposes of this paragraph and the
succeeding provisions of this subsection relating
to certificates ithe examination of a boiler when
it is cold and irt examination when it is under
steam pressure shall be treated as separate
examinations.


N iGi


No. of 1957.


Factori{e.




ANTIGUTA, 10


(d) No steam boiler which has been pre-
viously used shall be taken into use in any
factory for the first rime in that factory until
it has been examined in accordance with the
foregoing paragraphs and a certificate in the
prescribed form sent to the Labour Commis-
sioner.
(e) No 1)ew steam boiler shall be taken
into use unless there has been obtained from
the manufacturer of the boiler or from a com-
petent person a certificate specifying the
maximum permissible working pressure thereof,
such certificate to be sent to the Labour Com-
missioner.
(f) For the purposes of this section the
expression maximum permissible working
pressure means in the case of a new steam
boiler that specified in the certificate referred to
in paragraph (e) of this subsection and in the
case of a steam boiler which has been examined
in accordance with the provisions of this sub-
section that specified in the certificate of the
result of the last examination.
(q) The Labour Commissioner may by
certificate except from any of the provisions of
this subsection any class or type of steam boiler
to which he is satisfied that such provision
cannot reasonably be applied. Any such ex-
ception may be unqualified or may be subject
to such conditions as may be contained in the
certificate.
(3) The Governor in Counc il may make
Regulations prescribing the standards to be achieved
in respect of any of the above obligations and the
methods of attaining them.

(4) If on complaint by an inspector a magis-
trate is satisfied that any part of the ways, works,
machinery or plant used ina factory is dangerous
or cannot be used without danger, or that any
process or work in a factory is carried on in such a
manner as to be dalinerou s the magiltrate may by
order prohibit thli ue of the factory or p:rt thereof
or of the machinery or plant either absolutely or
until the daiii'r is remedied.


140o. of 1957..


Faclories.





No. of P] ".7. F1 ctori 11. A N 1f L .
(5) Where it appears to the Govenor in Council
that, in view of the number and nature of accidents
occurring in any factory or class or description of
factory, special provision ought to be made at that
factory, or at factories of that class or description
to secure the safety of persons employed therein he
may make Regulations requiring the occupier to
make such provision by arrangements for special.
supervision in regard to safety, investigation of the
circumstances and causes of accidents, and otherwise
as may be specified in the Regulations.

10. (1) 'rh G;overnor in Council may make Welfare.
Regulations requiring such steps to be taken in con-
nection with securing the welfare of persons
employed in any factory as may be specified in such
Regulations. Such Regulations-

(a) may be made for any particular fac-
tory, or for factories of any class or description,
or for any class of persons employed in any
factory;
(b) muy in particular require-
(i) the provision of an adequate sup-
ply of wholesome d r in k in g
water;
(ii) the provision of washing facili-
ties;
(iii) the provision of accommodations
for clothing not worn during
working hours and for drying
such clothing;
(iv) thi provision for the use of em-
ployed pers o n s of suitable
facilities for sitting during the
course of their employment;
(v) the provision and maintenance so
as to be readily accessible of a
first-aid box, or first-aid equip-
ment;
(vi) the provision and maintenance
of such other arrangements as
appear to nim to be necessary,
including canteens, messroms,
rest rooms, welfare supervision.







(2) The Governor in Council may make Regu-
lations prescribing the standards to be achieved in
respect of the above provisions and the methods of
attaiining them.
Special Pr,- 11. (1) The Governor in councill may nake
teetive mIea-. Regulations prescribing the measures to be taken to
protect the persons employed against the inhalation
of any dust, fumes or other impurities likely to be
injurious or offensive to persons employed.

(2) (a) No persons shall be permitted to
partake of food or drink in any room where
any lead, arsenic or other poisonous substance
is used.
(b) The Governor in Council may by
,order prohibit the taking of meals in any room
where he is satisfied that it may be undesirable
or injurious to health to take meals in such
rooms.
(c) Suitable provision shall he made for
enabling persons employed in any such room
to take their meals elsewhere in the factory.

(3) The Governor in Council may by order
specify any process which involves a special risk of
injury to the eyes and may require the provision of
suitable goggles or effective screens to protect the
eyes of the persons employed in that process.

(4) Where in any factory workers are em-
ployed in any process involving exposure to wet or
to any injurious or offensive substance the Governor
in Council may by order require the provision and
maintenance of suitable protective clothing and
appliances including where necessary, suitable
gloves, footwear, .*'L'. i and head coverings for the
use of such workers.

(5) (a) No person shall use white phos-
phorus in the manufacture of matches.

(/) For the purpose of this part of the
Ordinance the expression white phosphorus "
mlans the substance usually known as white or
a'elow' phosphorus,


ANTIGUA. 1


.actories.


No. oit 1957.





No. of 1'.7,7,


(6) The Governor in Council nma make Regu-
lations to secure the he alth and welfare of workers
employed in any factory in which atmospheric
humidity is artificially produce by steaming or other
means in connection with any textile process.

(7) The Governor in Council may make Reg-
ulations prohibiting or restricting the carrying on of
work in any underground room, and may prescribe
the standards of construction, height, light, ventila-
tion, any hygienic conditions and the means of
escape in case of fire-to be provided in any such
workroom in which work is permitted to be carried
on.
(8) In every laundry effective steps shall be
taken to regulate the temperature in every ironing
room and to carry away the steam in every wash-
house and all stoves for heating irons shall be so
separated from any ironing room or ironing table as
to protect the workers from the heat thereof.

(9) The Governor in Council may make Regu-
lations prescribing the maximum weights which
may be lifted, carried or moved by persons employed
in factories; and any such Regulations may prescribe
different weights in different circumstances, and

(10) (a) Where t e (Governor in Council
is satisfied that any manufacture, machinery,
plant, equipment, appliance, process or descrip-
tion of manual labour used in factories is of
such a nature as to cause risk of bodily injury
or to be offensive to the persons employed, or
any class of, those persons he may, subject to
the provisions of this Ordinance, make such
special Regulations as appear to him to be
reasonably practicable and to meet the necessity
of the case.
(6) Such Regulations may prohibit or re-
strict the employment of all persons or any
class of persons in circumstances specified in
the Regulations, may prohibit, limit or
controlrle use of any material or process and
may apply to ali factories or to any specific
class or description of such factories, may pro-
vide for exemption in prescribed circumstances


1. NRUA







and may impose obligations on owners of
factories, employed persons and other persons,
as well as on the occupiers of factories.

PART III.
MISCELLANEOUS.
Notice of 12. Every person shall, not less than one
occupation month before lie begins or continues after the corn-
of factory,
and use of metcenient of this Ordinance to occupy, or to use
nmechnical premises is a factory, serve on the Labour
Commissioner a written notice stating the particulars
prescribed in the Second Schedule, and if he fails to
do so, he shall be guilty of an .!.'i'.,- and shall be
liable on summary conviction to a fine not exceed-
ing twenty-five dollars or ten dollars for each day
since the expiration of the month aforesaid, which-
ever is the greater or to imprisonment for a term
not exceeding two months or to both such penalties.

Notices, 13. Thp Governor in Council may by Reg-
Records. etc. ulations require-

(a) such notices to be posted in any
factory;
(b) such registers and records to be
kept;
(,) such returns of persons employed
to be submitted
as may appear to hin to be necessary.

Protection of 14. The Governor in Council may make
outworkors. Regulations to facilitate the protection of persons
employed outside a factory by the occupier of t he
factory in the business of the factory.

Duties of per- 15. (1) No person employed in a factory or
sons employ- in any other place to which any provisions of this
Ordinance apply shall wilfully interfere with or
misuse any means, appliance, convenience or
other thing provided in pursuance of this Ordi-
nance for securing the health, safety or welfare
of the persons empl,,,i i 1 in the factory or place,
and where any'means or "p l'U'iin; f(r securing
health or safely is provided for the use of any
such person under this Ordinance, he shall use the
means or appliance.


ASNTIGUA. 14


No. of 19571,







(2) No person employed in a factory or in
any other place to which Wny provisions of this
Ordinance apply shall wilfully and without
reasonable cause do anything likely to endanger
himself or others.
16. The occupier of a factory shall not in Prohibition of
respect of anything to be done or provided by hitm d:r ioans
in pursuance of this Ordinance, make any deduc-
tion from the sum contracted to be paid by him
to any person employed or receive or allow any
person in his employment to receive any payment
from any such person.
PART IV.
ADMINISTRATION.
17. (1) The Labour Commissioner shall be Appointment
responsible for the administration of this Ordi- of Inspeotor
nance, except insofar as the Governor in Council officer.
may impose certain duties on other Goverument
officers.
(2) The Governor may, by notice published
in the Gazette, appoint fit and proper persons to
be Inspectors for the purposes of this Ordinance
and may, by a like notice revoke any such
appointment.
(3) Notwithstanding the provisions of sub-
section (1) of this section the Labour
Commissioner may at any time that he thinks fit
exercise all or any of the functions and powers
of an inspector for the purposes of this Ordinance.
18. (1) An Inspector shall, for the purpose Prweis of
of the execution of this Ordinance, have power to Inspeet"r.
do all or any of the following things, that is to
siy':-
(t) t) enter, inspect and examine, by day
or 1)v night, a factory, and every part thereof,
wheA hehas reasonable cause to believe that
any person is employed therein, and to enter,
inspect mnd examine by day, any place which
he has reasonable caue to believe to he a fac-
tory and any p:.rt of any building of which a
factory forms parl and inl which lie has reason-
able cause to believe that explosive or highly
inflaninable materials are stored or used;


No of 1957.


Factories.


15r ANTIGUA.





ANTIGUA. 16o


(b) to take with him a police officer if he
has reasonable cause to apprehend any serious
obstruction in the execution of his duty;
(c) to require the production of the regis-
ters, certificates, notices and documents,
directed to be kept in pursuance of this
Ordinance and to inspect, examine and copy
any of them;
(d) to make s u c h examination and
inquiry as may be necessary to ascertain
whether the provisions of this Ordinance are
complied with, so far as respects a factory, and
any persons employed in a factory;
(e) to require any person whom he finds.
in a factory to give such information as it is
in his power to give as to who is the occupier
of the factory;
(/) to examine, either alone or in the
presence of any other person, as he thinks fit,
with respect to matters under this Ordinance,
every person whom lie finds in a factory or
whom he has reasonable cause to believe to be
or t, have been within the preceding three
umoiths employed in a factory, and to require
every such person to he so examined and to
si gn a lela;nition of the truth of the matters
respectiii which ihe is so examined; so, how-
ever, that no one shall be required under this
provision to answer any (question or to give
any evidence tending to incriminate himself;

(g) in the case of an Inspector who is a
duly qualified medical practitioner, to carry
out such medical exa minitions as miay be
necessary for the purposes of his duties tnider
this Ordinance;
(h) to exercise such other powers as may
he necessary for c;rr\ ing this Ordinance into
effect.
(2) An Inspector if so authorized in writing
by the Labour Commissioner mr may although he is
not a qualified legal practitioner prosecute, conduct
or defend in any legal proceedings arising under
this Ordinance or in the discharge of his duties as
the Inspector.


.Factories,


No. of '1. 7o .







(3) Where an Inspector is of opinion that the
employment of any young person in a factory or in
any particular process or kind of work in a factory
is prejudicial to his health or the health of other
persons, he may serve written notice thereof on the
occupier of the factory requiring that the employ-
ment of that young person in the factory or in the
process or kind of work, as the case may be, be
discontinued after the period named therein, not
being less than one nor more than seven days after
the service of the notice and the occupier shall not
continue after the period named in the notice to
employ that young person, unless, after the service
of the notice, the young person has been examined
by a duly qualified medical practitioner, and certi-
fied by him to be fit for employment in the factory
or in the process or kind of work as the case may be.

(4) (a) An Inspector may take for
analysis samples of material used, or intended
to be used, in a factory, which he thinks may
prove on analysis to be likely to cause bodily
injury to the persons employed.
(b) The Governor in Council may make
Regulations prescribing the procedure to be
followed in taking samples.

19. Every Inspector shall be furnished Certificate of
with a certificate of his appointment, and when iapontment
visiting a factory or place to which any of the pro-
visions of this Ordinance apply shall, if required,
produce the said certificate to the occupier of, or
other person holding a responsible position of
management at, the factory.
20. The occupier of every factory, his agents Duty to fur-
and employees shall furnish the means required by hish eeasto
an Inspector as necessary for an entry, inspection,
examination, inquiry, the taking of samples, or
otherwise for the exercise of his powers under this
Ordinance in relation to that factory.
21. If any person who, in pursuance of Pi, ,l. for
powers conferred by this Ordinance, enters or dis closure of
powers trade secrets.
admitted into any factory or place discloses, without
the permission of the occupier, to any person any
information obtained by him in a factory or place


N,.. of ] K ...


F I Cl I., 'r '.,


11~ ANTIGUA.







with regard to any manufacturing process or trade
secret, he shall, unless such disclosure was made
in the performance of his duty, be guilty of an
offence and liable on summary conviction to a fine
not exceeding one hundred dollars or imprisonment
for a term not exceeding six months or to both
such punishments.
Issue and 22. Any certificate issued under or for the
certificates purposes of thi. Ordinance by an Inspector may be
issued for a limited period or without limit of
period and may be varied or revoked by the
Inspector issuing the same, or any successor in
office.
Provisions as 23. Any regulation or order made under
tions and this Ordinance may be made for a limited period or
Orders made without limit of period and may be made subject to
under this
Ordinance, such conditions as the authority or person which or
who made the regulation or order thinks fit, and
may contain such supplemental and consequential
provisions as that authority or person considers
necessary for giving full effect to the regulation or
order.
PART V.
OFFENCES, PENALTIES AND LEGAL PROCEEDINGS.

Offences. 24. (1) In the event of any contravention
in or in connection with or in relation to a factory
of the provisions of this Ordinance, the occupier or
(if the contravention is one in respect of which the
owner is by or under this Ordinance made responsi-
ble) the owner, of the factory shall, subject as
hereinafter in this Ordinance provided, be guilty of
an offence.
(2) In the event of a contravention by an
emplovyd person of the provisions of this Ordinance
with respect to duties of persons employed or of a
contravention by any person of any regulation or
order made under this Ordinance which expressly
imposes any duty upon him, that person shall be
guilty of an offence and the occupier or owner, as
the case may be, shall not be guilty of an offence in
respect of that contravention unless it is proved
that he failed to take all reasonable steps to prevent
the contravention.


Fartorles.


ANTIGUA. 18


No. of 1957,.







(3) If the occupier of a factory avails himself
of any special exception allowed -by or under this
Ordinance and fails to comply with any of the
conditions attached to the exception, he shall be
deemed to have contravened the provisions of this
Ordinance.
(4) If any persons are employed in a factory
otherwise than in accordance with the provisions of
this Ordinance there shall be deemed to be a
separate contravention in respect of each person so
employed.
(5) Where an offence under this Ordinance
committed by a company, co-operative society or
other body of persons is proved to have been
committed with the consent or connivance of, or to
have been facilitated by any neglect on the part of,
any director, chairman, manager, secretary or other
officer of the company, co-operative society or other
body of persons, he, as well as the company, co-
operative society or other body of persons, shall be
deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accord-
ingly.
25. It is hereby declared that where the Provisions
contravention of any provision of this Ordinance is regarding
continuing
a continuing offence- offences.

(a) the re-commencement of such offence
after any interval constitutes a fresh offence;
(6) a prosecution may be instituted, and
the person accused may be convicted and
sentenced, from time to time, in relation to
any portion of the period during which the
offence continues to be committed, not being a
portion of such period in relation to which the
person accused has been previously convicted
and sentenced for the offence.

26. (1) Subject as hereinafter in this Ordi- Fines for
nance provided, any person guilty of an offence o.ffne for
-c which no ex-
under this Ordinance for which no express penalty press penalty
is provided by this Ordinance shall be liable on provided.
summary conviction to a fine not exceeding one
hundred dollars, and, if the contravention in respect


X 0. o


19 ANTIGUA.,


Factories,





ANTIGoA. 20


of which he was so convicted is continued after the
conviction he shall, subject to the provisions of
section 27, be guilty of a further offence and liable
on summary conviction in respect thereof to a fine
not exceeding ten dollars for each day on which the
contravention is so continued.
(2) The power to make Regulations under
this Ordinance includes power to prescribe for an
offence against the Regulations such penalty not
exceeding fifty dollars for each such offence as the
authority making the Regulations may think fit,
and in the case of a continuing offence, a further
penalty not exceeding five dollars for each day
during which such offence shall continue after
service of written notice thereof, and in default of
payment of such penalties imprisonment for a term
not exceeding three months.
27. Where the occupier or owner of a
factory is convicted of an offence under this Ordi-
nance, the court may, in addition to or instead of
inflicting a fine, order him, within the time specified
in the order to take such steps as may be so specified
for remedying the matters in respect of which the
contravention occurred, and may. on application,
enlarge the time so specified, and where such an
order is made, the occupier or owner shall not be
liable under this Ordinance in respect of the
continuation of the contravention but if, after the
expiration of that time as originally specified or
enlarged by subsequent orders, the order is not
complied with, the occupier or owner, as the case
may be, shall be liable on summary conviction to a
fine not exceeding ten dollars for each day on
which the non-compliance continues.

28. If any person is killed, or dies, or
suffers any bodily injury, in consequence of the
occupier or owner of a factory having contravened
any provision of this Ordinance, the occupier or
owner of the factory shall, without prejudice to any
other penalty, be liable to a fine not exceeding five
hundred dollars, and the whole or any part of the
fine may be applied for the benefit of the injured
person or his family or otherwise as the Governor
in Council determines:


Power of
court to order
causa of con-
travention to
be remedied,















Fines in case
of death or
injury.


Factories.


No. of 1957.







Provided that-
(a) in the case of injury to health, the
occupier or owner shall not be liable to a fine
under this section unless the injury was
caused directly by the contravention; and
(b) the occupier or owner shall not be
liable to a fine under this section if proceedings
against him under this Ordinance in respect of
the act or default by which the death or injury
was caused, have taken place and been dis-
missed before the death or injury occurred.
29. If a young person is employed in any Fine for
factory in contravention of the provisions of this orffenc by
Ordinance, the parent of the young person shall be
guilty of an offence and liable on summary convic-
tion to a fine not exceeding twenty-five dollars,
unless it appears to the court, that the contraven-
tion occurred without the consent, connivance, or
wilful default of the parent.
80. If any person- Forgery of
certificates.
false entries,
(a) forges or counterfeits any certificate and false
required by, under, or for the purposes of. declarations.
this Ordinance;
(b) gives or signs any such certificate
knowing it to be false in any material par-
ticular;
(c) knowingly utters or makes use of any
such certificate so forged, counterfeited, or
false as aforesaid;
(d) knowingly utters or makes use of as
applying to any person any such certificate
which does not so apply;
(e) personates any person named in any
such certificate;
(f) falsely pretends to be an Inspector;
(g) wilfully connives at any such forging,
counterfeiting, giving, signing, uttering,
making use, personating or pretending as
aforesaid;
(h) wilfully makes a false entry in any
register, notice, certificate, or document re-
quired by, under or for the purposes of this
Ordinance to be kept or served or sent;


No. of 19.7.


Factories.


21 ANTIOVA.







(i) wilfully makes or signs a false decla-
ration required by, under or for, the purposes
of this Ordinance;

(j) knowingly makes use of any such
false entry or declaration as aforesaid;
he shall, without prejudice to any other penalty, be
guilty of a misdemeanor and liable to a fine not
exceeding five hundred dollars, or to imprisonment
for a term not exceeding one year.

Penalty for 31. Where an act or default for which an
persons act-
ually oomiit occupier or owner is liable under this Ordinance is
ting offence in fact the act or detfautlt of some agent, servant,
for which oc-
cupier ia lia- worker or other person, that agent, servant, worker
ble. or other person shall be guilty of an offence and
liable to the like fine as if he were the occupier or
owner, as the case may be.

Penalty for 32. (1) Any person who-
obstruction,
etc.
(a) obstructs or delays an Inspector in
the due exercise of any power conferred on
him by or under this Ordinance; or
(b) refuses to answer, or answers falsely,
any inquiry authorised by or under this
Ordiriace to be made; or
(c) fails to produce any register, certifi-
cate, book, or document, he is required by or
under this Ordinance to produce; or
(d) conceals or prevents, or attempts to
conceal or prevent, any person from appearing
before or being examined by an Inspector,

shall be guilty of an offence and liable on summary
conviction to a fine not exceeding twenty-five
dollars or to imprisonment for a term not exceeding
three months or to both such penalties, and, in the
case of a second or subsequent conviction under
this section within two years from the last convic-
tion for the same offence, to a fine of fifty dollars
or to imprisonment for a term not exceeding six
paonths or to both such penalties.


ANTIGUA~. 2


Fai'orieos.


No. of 1957.






No. of 19?;7.


(2) Where an offence against subsection (1)
of this section is committed in a factory by a
person other than the occupier thereof, both that
person and the occupier of the factory shall be
guilty of that offence.

33. (1) Where the occupier or owner of a
factory is charged with an offense under this Ordi-
nance, he shall be entitled upon information duly
laid by him and on giving to the prosecution not
less than three days' notice in writing of his inten-
tion, to have any other person whom he charges as
the actual ,1l.~-n.:r brought before the court at the
time appointed for hearing the charge; and if, after
the commission of the offence has been proved, the
occupier or owner of the factory proves to the
satisfaction of the court-


(a) that he has used all due diligence to
enforce the execution of this Ordinance; and
(b) that the said other person had com-
mitted the offence in question without his
consent, connivance or wilful default,

that other person shall be summarily convicted of
the offence, and the occupier or owner shall not be
guilty of ihe offence and the person so convicted
shall, in the discretion of the court, be also liable to
pay any costs incidental to the proceedings.

The prosecution shall have the right in any -
such case to cross-examine the occupier or owner if
he gives evidence and any witnesses called by him
in,support of his charge, and to call rebutting
evidence.
(2) When it is made to appear to the satis-
faction of an Inspector at the time of discovering
an offence--

(a) that the occupier or owner (as the
case may be) of the factory has used all due
diligence to enforce the execution of this
Ordinance; and

(b) by what person the offence has been
,'ommnitted: and


Power of oc-
cupie4r or
ownor to ex
empt himself
front liability
on conviction
of the actual
offender.


23 ,kNTIGUA.





ANTIGUA. 24


Proceedings
against per-
sons other
than occupi-
ers or owners.







Owner of
machine lia-
ble in certain
cases instead
of occupier.







Prosecution
of offences
and recovery
and applica-
tion of fines.


No. of 1I'.' .


(c) that it has been committed without
the consent, connivance or wilful default of the
occupier or owner and in contravention of his
orders,

the Inspector shall proceed against the person
whom he believes to be the actual offender without
first proceeding against the occupier or owner of
the factory.

34. Where, under this Ordinance, any
person is substituted for the occupier or owner
with respect to any provisions of this Ordinance,
any order, summons, notice, or proceeding, which
for ti e purpose of any of those provisions is by or
under this Ordinance required or authorised to be
served on or taken in relation to the occupier or
owner, is hereby required or authorised (as the case
may be) to be served on or taken in relation to that
person.

35. Where in a factory the owner or hirer
of a machine or implement moved by mechanical
power is some person other than the occupier of the
factory, the owner or hirer shall, so far as respects
any offence under this Ordinance committed in
relation to a person who is employed in or about or
in connection with that machine or implement, and
is in the employment or pay of the owner or hirer,
be deemed to be the occupier of the factory.

86. (1) In any proceedings under this
Ordinance shall be sufficient in the information to
allege that the factory is a factory within the
meaning of this Ordinance and to state the name of
the ostensible occupier of the factory, or, where the
occupier is a firm, or company, the title or name of
such firm or company.

(2) Where, with respect to or in consequence
of any accident in a factory, a report is made by an
authority appointed to hold a formal investigation
under any law, or a coroner's inquest is held, and
it appears from the report, or from the proceeding
at the inquest, that any of the provisions of this
Ordinance were not complied with at or before the
time of the accident, summary proceedings against
any person liable to be proceeded against in respect


Fanctorirs.







of such non-compliance may be commenced at any
time within three months after the making of the
report or the conclusion of the inquest.
(3) Where any offence is committed under
this Ordinance by reason of a failure to make an
examination, enter a report, or do any other thing,
at or within a time specified by this Ordinance.
the offence shall be deemed to continue until the
examination is made, or the report entered, or the
other thing done, as the case may be.
87. (1) If a person is found in a factory at Special piovi-
any time at which work is going on or the machi- siofBas to
nery is in motion, except during the intervals for
meals or rest. he shall, until the contrary is proved
be deemed for the purposes of this Ordinance to
have been then employed in the factory:
Provided that this subsection shall not
apply to a factory in which the only persons
employed are members of the same family
d welling there.
(2) Where in any proceedings under this
Ordinance with respect to a young person it appears
to the court that that young person is apparently
of or below the age alleged by the informant, it
shall lie on the defendant to prove that the young
person is not of or below that age.
(3) Where any entry is required by this
Ordinance to be made in the general register or in
any other register or record, the entry made by the
occupier of a factory or on his behalf shall, as
against him, be admissible as evidence of the facts
therein stated, and the fact that any entry so required
with respect to the observance of any provision of
this Ordinance has not been made, shall be admis-
sible as evidence that that provision has not been
observed.
38. (1) Any document (including any sum- Service and,
mons or order) required or authorised to be served senag of
under this Ordinance may be served- etc.
(a) on any person by delivering it to him,
or by leaving it at, or sending it by post to,
his residence;


No. of 1917.


25 ANTiDr.V.





XNTIOUA. -46


PFacorees.


No. of 1. 57.


(b) on any firm by delivering it to any
partner of the firm, or by leaving it at, or
sending it by )post to, the office of the firm;
(c) on the owner or occupier of a factory
(including any such owner or occupier being a
limited company), in any such manner as
aforesaid, or by delivering it, or a true copy
thereof, to many person apparently not under
the age of sixteen years at the factory.

(2) Any such document may be addressed
for the purpose of the service thereof on the occu-
pier of a factory, to the occupier at the
proper postal address of the factory, without further
name or description.
(3) The foregoing provisions of this section
shall apply with the necessary modifications to
documents required or authorized under this Ordi-
nance to be sent to any person, firm, owner or
occupier, and to the sending, addressing, and
delivery of such documents,
certificates 39. Where the age of any person is required
of birth, to be ascertained or proved for the purposes of this
Ordinance any person shall on application and on
payment of the prescribed fee, be entitled to obtain
a certified extract under the hand of the Registrar
General of the entry in the register under the
Marriages, Births and Deaths Registration Act,
15;s170. 1870, of the birth of that person.


40. If by reason of an agreement between
the owner and the occupier of premises the whole
or any part of which has been let as a factory the
said owner or occupier is prevented from carrying
out any structural or other alterations in the prem-
ises which are necessary to enable him to comply
with the provisions of this Ordinance, or in order
to conform with any standard or requirement
imposed by or under this Ordinance, he may
apply in accordance with Rules of Court to the
Supreme Court, and trh Court, after hearing the
parties and any witnesses whom they desire to call,
may make such order setting aside or modifying
the terms of the agreement as the Court considers
just and equitable in thel circumstances of the case,


Power of
court to
modify agree-
ments.






No. of 195o7. Factories. 27 ANTIGtA.
41. Where in any premises the whole or any Power of
part of which has been let as a factory any structu- court to
apportion
ral or other alterations are required in order to expenses.
comply with the provisions of this Ordinance, or
in order to conform with any standard or require-
ment imposed by or under this Ordinance and the
owner or occupier as the case may be alleges that
the whole or part of the expenses of the alterations
ought to be borne by the occupier or owner, the
owner or occupier may apply in accordance with
Rules of Court to the Supreme Court, and the
Court, after hearing the parties and any witnesses
whom they may desire to call, may make such order
concerning the expenses or their apportionment as
the Court considers just and equitable in the cir-
cunstances of the case, regard being had to the
terms of any contract between the parties, or in
the alternative the Court may at the request of the
owner or occupier determine the lease.

42. The declaration embodied in section 2 Revocation of
of the Factories (General Legislature Competency) declaration
and repeal
Ordinance, 1947, is hereby revoked and the said t2/197.
Ordinance is hereby repealed.

43. (1) This Ordinance shall come into Cofmmene-
ment and
operation on a date to be appointed by the Governor sav-ing
by Proclamation published in the Gazette.

(2) Except where otherwise expressly pro-
vided the provisions of this Ordinance shall be in
addition to, and not in substitution for or diminution
of, the provisions of any other Ordinance.


President.

Passed the Legislative Council this
day of 1957.


Clerk of the Council.







FIRST SCHEDULE. Section 2.

INTERPRETATION OF EXPRESSION FACTORY ".

(1) Subject to the provisions of this Ordinance, the
expression factory means any premises in which, or.within
the close or cartilage or precincts of which, persuoni are employed
in manual labour in ally process for or incidental to any of the
following purposes, namely:-
(a) the making of ahy article or of part of any article;
or
(h) the altering, repairing oria ,I,-iifinic. finishing,
cleaning or washing, or the bhreking up or demolition of
any article; or
(c) the adapting for sale of any article.
being premises in which, or within the close or cartilage or
precincts of which, the work is carried on by way of trade or for
purposes of gain and to or over which the employer of the
persons employed therein has the right of access or control.
And (whether or not they are factories by reason of the fore-
going definition) the expression factory "also includes the
following premises in which persons are employed in manual
labour, that is to say:-

(i) any yard or any dock (including the precincts
thereof) in which ships or vessels are con-
structed, reconstructed, repaired, refitted,
finished or broken up;
(ii) any premises in which the business of sorting
any articles is carried on as a preliminary
to the work carried on in any factory or
incidentally to the purposes of any factory;
(iii) any premises in which the business of
washing or tilling bottles or containers or
packing articles is carried on incidentally to
the purposes of any factory;
(iv) any laundry carried on as ancillary to
another business, or incidentally to the pur-
poses of any public institution;
(v) any premises in which the construction,
reconstruction or repair of locomotives,
vehicles or other plant for use for transport
purposes is carried on as ancillary to a


ANTOCA. 28


r i. ,. ^


'o f 19.5 7.








transport undertaking or other industrial or
commercial undertaking, not being any
premises used for the purpose of housing
locomotives or vehicles where only cleaning,
washing, running repairs or minor adjust-
ments are carried out;
(vi) any premises in which printing by letter-
press lithography, photogravure, or other
similar process, or bookbinding is carried
on by way of trade or for purposes of gain
or incidentally to another business so carried
on;
(vii) any premises in which the business of
making or mending nets is carried on inci-
dentally to the fishing industry;
(viii) any premises in which the mechanical
power is used in connection with the making
or repair of articles of metal or wood inci-
dentally to any business carried on by way
of trade or for purposes of gain;
(ix) any premises in which articles are made or
prepared incidentally to the c.irr ;ng on of
building operations or works ofengineering
construction, not being premises in which
such operations or works are being carried
on;
(x) any waterworks or other premises in which
mechanical power is used for the purposes
of, or in connection with, a public water
supply:
(xi) any irrigation works in which mechanical
power is used and any pumping station used
in connection with any irrigation works;
(xii) any quarry;
(xiii) any salt works.

(2) Any line or siding (not being part of a railway) which
is used in connection with and for the purposes of a factory,
shall be deemed to be part of the factory; if any such line or
siding is used in connection with more than one factory belong-
ing to different occupiers, the line or siding shall be deemed to
be a separate factory.


No. of 1957.


Factories.


29 ANTrGUA.






(3) Any mechanically propelled vehicle used for hau'age
purposes in connection with any industrial or commercial under-
taking or as ancillary to any business shall be deemed to be a
factory for the purposes of the provisions of this Ordinance
relating to safety.

(4) A part of a factory may, with the approval in writing
of an Inspector, be taken to be a separate factory and two or
more factories may, with the like approval, be taken to be a
single factory.

(5) Any workplace in which, with the permission of or
under agreement with the owner or occupier, two or more per-
sons carry on any work which would constitute the workplace
a factory if the persons working therein were in the e mploym ent
of the owner or occupier, shall be deemed to be a factory for
the purposes of this Ordinance, and, in the case of ainy such
workplace not being a tenement factory or part of a tenement
factory, the-provisions of this Ordinance shall apply as if the
owner or occupier of the' workplace were the occupier of the
factory and the persons working therein were persons employed
in the factory.

(6) No premises in or adjacent to and belonging to any
mine (not being a quarry), being premises in which the only
process carried on is a process ancillary to the getting, dressing
or preparation for sale of minerals shall be deemed to be a
factory.
(7) Where a place situate within the close, cartilage, or
precincts forming a factory is solely used for some purpose other
than the processes carried on in the factory, that place shall not
be deemed to form part of the factory for the purposes of this
Ordinance, but shall, if otherwise it would be a factory, be
deemed to be a separate factory.

(8) Premises shall not be excluded from the definition of
a factory by reason only that they are open air premises.

(9) Where an Inspector, by certificate in writing, so
directs as respects all or any purposes of this Ordinance, different
branches or departments of work carried on in the same factory
shall be deemed to be different factories.

(10) Any premises belonging to or in the occupation of
Her Majesty's Government or any department thereof, or of the
Government of the Colony or any department thereof, or of any
local authority, shall not be deemed not to be a factory, ani


ANTIGUA. 30


F1aIctories.


No, of 10>,,.








building operations or works of eti'ineering construction under-
taken by or on behalf of Her Majesty's Government or any
department thereof, or .the Government of the Colony or any
department thereof, or any local authority, shall not be
excluded from the operation of this Ordinance, by reason only
that the work carried on threat is not carried on by way of
trade or for purposes of gain.

SECOND SCHEDULE. Section 12.
PARTICULARS TO BE SUBMITTED BY OCCUPIER, OR INTENDING
OCCUPIER OF A FACTORY.

1. Name of the occupier or intending occupier of the
factory.
2. Address and location of the factory.
3. Nature of the work carried on, or proposed to be carried
on in the factory.
4. Whether mechanical power is used or intended to be
used, and if so, its nature.
5. Whether steam boilers are used or intended to be used
and, if so, the following particulars in respect of each such
boiler-
(a) type, description and distinctive number;
(b) country and year of manufacture;
(c) date of the last thorough examination and name
of the person bv whom the examination was made;
(d) maximum permnissible working pressure in pounds
per square inch;
6. (a) Total number of persons employed or intended to
be employed, in the factory;
(h) where persons are employed, or intended to be
employed, in shifts, the maximum number em-
ployed, or intended to be employed, at any one
time.
OBJECTS AND REASONS.


The object of this Bill is to provide legislative means of
protecting the health, safety and welfare of workers in industrial
undertakings.


No,. of 1957.


Farcories,


31 ANTIOUA.







2. Clause 2 defines a "factory as premises included in
the First Schedule to the Bill. This method of definition has
been adopted to avoid overloading the Bill with a lengthy and
detailed description of what is meant by a factory.
3. Clauses 4 and 5 explain that the Bill is to apply to all
factories, including Government undertakings, and Clause 6
permits the extension of the Bill to some undertakings where
there may be risks similar to those in factories. It is thought
desirable to have power to supervise conditions of employment
in premises in which persons are employed in manual labour
whether or not they are factories by reason of the general defi-
nition given in the Schedule. A number of such types of
premises are referred to in Clause 6. The wrd institution "
is used to cover charitable or reformatory institutionsin which
manual labour may be carried on.
4. Clause 7 empowers the Governor in Council where a
part of a building is let off as a separate factory to declare which
of the provisions of the Bill shall be the responsibility of the
owner of the b u i I i n g and the occupier of the factory
respectively.
5. Clause 8 lays down the occupier's duty to look after
the health of his workers and requires him to keep the factory
clean, reasonably ventilated, not overcrowded, properlylighted
and equipped with sanitary arrangements. Power is given to the
Governor to make Regoulations in detail where they seem to be
required. Sub-clause (3) of this Clause provides special pro-
tection for the health of young people by requiring a medical
examination if they seem to he doing work unsuitable for them.
Sub-clause (4) gives the Governor in Council power to require
medical supervision in factories if necessary.
6. Clause 9 covers the whole field of safety. In a general
way it prescribes that factories and the machinery in them shall
be safe to workers and gives power for more specific provisions
to be set out in Regulations. Several parragraphs cover certain
kinds of apparatus which ought to be regularly examined and
inspected, but details of the requirements regarding inspection
are left to Regulations except in the case of steam boilers which
are treated more specifically. Powers are given to the Governor
in Council to make Regulations where there appear to be special
risks.
7. Clause 10 describes the kinds of things that are
included in the term "welfare and gives the Governor in
Council power to make Regulations requiring provision of
drinking water, washing facilities, clothing accommodation,
seats, first-aid, canteens, etc.


N I. of 1957.-


AlNTIGUA. 32








8. Clause 11 makes special provision for prevention of
dust, fumes, etc. and prohibition of taking meals in rooms where
poisonous materials are used. It also deals with prevention of
eve injuries and provision of protective clothing. The use of
white phosphorus is prohibited. Special provisions may be
made where there is artificial humidity or where work is carried
on underground. Control of temperatures in laundries is pro-
vided for and there is power to make Regulations about weight
lifting. Power to make special Regulations is also inserted.

9. Clauses 12 to 16 cover several miscellaneous items
such as registration, notification of occupation, notices to be
posted and records to he kept, protection of outworkers, duties
of persons employed and prohibition of deduction from wages.

10. Clauses 17 to 23 deal with its administration. The
general administration is placed in the hands of the Labour
Commissioner. The Governor is empowered to appoint In-
spectors to carry out the provisions of the Bill. An Inspector
is given the usual powers of entry and inspection and power to
conduct prosecutions; power to take samples of materials and
power to stop employment of a young person who seems to be
doing unsuitable work. An Inspector has to have a certificate
of appointment to be shown to factory occupiers if required and
factory occupiers must furnish facilities for inspection. The
disclosure of trade secrets is made an offence. Clauses 22 and
23 contain provisions as to certificates and as to rules and orders.
11. Clauses 24 to 41 contain the necessary provisions with
respect to offences, penalties and proceedings. The occupier of
the factory is in general made responsible for anything which
occurs in it, though there is provision for him to pass this
responsibility on to someone else if he is accused of committing
an offence and can prove that it was, in fact, committed by
another person. Power is given to Courts to make Orders as
well as to inflict penalties, and Orders may include stopping the
use of factories or of machinery until defects are remedied, or
requiring defects to be remedied within a fixed time. Clause 28
deals with the case where a worker has been killed or seriously
injured as a result of the occupier of the factory having failed to
observe the provisions of the Bill. Specially heavy penalties
are provided for forgery, false declarations, etc. and there is a
penalty for obstructing an Inspector. Clauses 36 to 41 deal
with the mechanics of proceedings, the service of documents, etc.

DESMOND A. MCNAMARA.
10th September, 1956. Acting Attorney General.


.F.-,'-if, n'uQ.


33 ANTlrX A -


INo. o







iNTIGUA. 34


Factor ies.

COMPARATIVE TABLE.

SOURCES OF LEGIS NATION.


No. of 1957.


St. Christopher
No. 11 of 1955.

Barbados Draft
ments the Factories
1951).

Clause

1

2


Nevis and Angnilla Factories Ordinance, 1955,


F.l t, .. Act (which consolidates with uamend-
Act, .1947 and the Factories (Amendment) Act,


Source


Comment

Short title

Interpretation of
factory "


3 St. ('!ri t.-l*. I1 Nevis and Anguilla Interpretatih
Factories Ordinance, .1'.'':;. Section 3 varied -I;*

4-8 Id Sections 4-8 No change

9 Id Section 9 and .
Section 27 of Barbados Draft Factories Combined
Act
10-11 St. Christopher Nevis and Anguilla
Factories Ordinance, 1955,
Sections 10-11 No chang

S2 Id Section 12 Varied sli1

13-16 Id Sections 13-16- No chang

17 Id Section 17 Varied slij

18-41 .Id Sections 18-41 No chang

42 Id Section 42 Adapted

43 Id Section 43 No chang

First Schedule Id First Schedule Varied sli;

Second Schedule Id Second Schedule No chang


nii claiise
!It!.%


e

'htly

e

ghtly

e




ghtl y
e


Printed at the Govrnmment Printin, Offioe, Antigun, Leeward silandi.
by E. M. BLACKMAN, M.B.E., Government Printer--By Authority.
A47106--20-157 ice 5 cns,7.
A47/106-ll-20-1.57 Price 75 cents,






Cityq Rate (Amendment).


[L.S..]

S,


:" ,I ASSENT.
S P. D. 1MACDONALD,
Acting Governor.
31st December, 1956.







ANTIGUA.

No. 38 of 1956.


An Ordinance to amend the City Rate
1907.
[1st January, 1957]

ENACTED by the Legislature of
of Antigua.


Ordinance,



the Colony


1. This Ordinance may be cited as the City
Rate (Amendment) Ordinance, 1956, and shall be
read :-nd construed as one with the City Rate
Ordinance, 1liTi, as amended, hereinafter called
the Principal Ordinance.


2. The following section is hereby substi.
tuted for section 3 of the Principal Ordinance:-

3. In this Ordinance-
"city means the city of Saint John
as defined irk Schedule III to
X, this Ordinance or in any Order
? 7 made under section 7 of this
Ordinance;
At L I q ^


Commence-
ment.


Short title.


7/1907.
15/1928.
10/1929.
7/1934.
18/1936.
Substitution
of section 3 of
the Principal
Ordinance.
Interpreta.
tion.


A NTIGUA.


No. 38 of 1956.






ANTIGUA. 2 City Rate (Amendment).


"owner" includes any person for
the time being entitled to the
rents and profits of any land in
the city, the tenant or occupier
of any such land and any other
person in charge or having the
control or possession thereof."
Transfer of 3. Wherever in the Principal Ordinance
Commission reference is made to-
ers.
(a) the Commissioners such reference
shall be construed as meaning the Central
Board of Health constituted under the Public
Health Ordinance, 1956;
(b) the City Clerk such reference shall
be construed as meaning the Secretary to the
Central Board of Health appointed under
section 10 of the Public Health Ordinance,
1956.
Amendment 4. The following subsection is hereby sub-
of section of stituted for subsection (2) of section 6 of the
the Principal
Ordinance. Principal Ordinance:-
"(2) The following properties shall be
exempt from the city rate imposed by this
Ordinance, that is to say-

(a) Government property;
(b) land and buildings occupied
solely as churches, chapels and places
of public worship of any religious
denomination and residences of
ministers of religion;
(c) school houses, offices and
playgrounds of any school which is
attended by not less than ten pupils;
and
(d) masonic and other lodges
including friendly societies."

Repeal of 5. Section 18 of the Principal Ordinance is
section 1 of hereby repealed.
he Prinanceipal
Ordinance.


No. 38 of 19 56.






City Rate (Amendment). 3 ANTIGUA.


6. The following Schedule shall be added to Addition of
the Principal Ordinance as Schedule III:- Shedule to
the Principal
Ordinance.
SCHEDULE III.

On the north by a line parallel to and one
quarter of a mile in a northerly direction
distant from a line drawn from the north-east
corner of the causeway leading to Rat Island
(the Citadel), continued eastward along the
north bank of the main drain in Dickenson's
Bay Street until it meets the eastern boundary;

On the east by a line drawn along the
eastern boundary of the former pauper ceme-
tery and produced northwards and southwards
until it meets the northern and southern
boundaries;

On the south by a line 'drawn along the
north side of the public road between the
Valley Road and Grays Farm Village and
produced to meet the eastern and western
boundaries;

On the west by the east side of the
portion of road immediately to the east of
Grays Farm Village and running between the
public road and the Harbour and otherwise by
the Harbour of St. John's but excluding Rat
Island (the Citadel) and Rat Island (the
Citadel) causeway; as defined by concrete
piers built into the ground."

7. The Governor in Council may from time Power to vary
to time by Order extend, alter or vary Schedule III Schedule II.
to this Ordinance.

8. This Ordinance shall come into force on commence-
the 1st day of January, 1957. ment

ALEC LOVELACE,
President,


No. 38 of 19356.







ANTIGUA. 4 City Rate (Amendment).


No. 38 of 1956.


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

F. A. CLARKE,
Clerk of the Council.









































Printed at the Government Printing Offioe, Antigua, Leeward Islands.
by E. M. BLACKMAN, M.B.E., Government Printer.-By Authority.
1957.


A. 47/211--520-1.57.


[Price 6 cents.]





No. 21 of 1956.


I ASSENT,
P. D. MACDONALD,
Acting Goverlor.
27th December, 1956,






MONTSERRAT.

No. 21 of 1956.

An Ordinance to repeal and replace the Forestry
Ordinance, 1946.
[27th December, 1956] Commence.
ment.
ENACTED by the Legislature of the Colony
of Montserrat.
1. This Ordinance may be cited as the Short title.
Forestry Ordinance, 1956.
2. In this Ordinance, unless the context rnterpreta-
otherwise requires-- tion.
Board means the Forestry Board constitu-
ted under this Ordinance;
"estate" means any plantation, property or
land;
Forest Officer" means any person appointed
as such by the Governor;
"livestock" includes cattle, horses, mules,
asses, goats, sheep and swine;


Forestry.


oIxTSIReRAt.






MoTBERnaT. 2g Forestry. No. 21 of 195(6.

"owner" includes lessee and the manager and
attorney of such owner;
"timber includes trees before and after they
have fallen or boen felled and all wood
whether cut up or fashioned for any
purpose or not, but does not include
shrubs or trees growing on cultivated
lands on any estate.

PART I.
THE FORESTRY BOARD.

Constitution 3. (1) The Governor may for the purpose
of Board, of carrying into effect the provisions of this
Ordinance appoint not less than five persons to
form a Board to be styled the Forestry Board ".
(2) Every person so appointed shall hold
office during the pleasure of the Governor.
Chairman. 4. The Governor may nominate one of the
members of the Board to be Chairman.
Appointment 5. The Governor may appoint any person
of acting
Member. to act as a member of the Board during the
temporary absence from the Colony of any member.
Quorum. 6. Three members of the Board shall form a
quorum and all questions arising for the decision of
the Board shall be decided by a majority of the
votes of the members present and voting, and when
the votes are equal, the Chairman shall have a
casting vote.
Appointment 7. (1) The Governor may appoint some fit
of Secretary. and proper person to be Secretary of the Board.

(2) The Secl tary shall be the chief executive
officer of the Board. He shall attend all meetings
of the Board and keep the minutes of such meetings
and perform such other duties as may be assigned
.to him by the Board.
Appointment 8. The Governor may appoint such persons
of Forest to be Forest Officers as may be deemed necessary
for the carrying out of the provisions of this
Ordinance.








PART II.
PREVENTION OF DEFORESTATION.

9. (1) It shall be lawful for the Governor, Declaration
upon the recommendation of the Board, by Procla- of Protected
SForest.
nation published in the (Gazette, to declare any
lands to be a Protected Forest. "

(2) Upon any private lands being declared a
Protected Forest, the Forest Officer shall cause the
area to be defined.


10. Any person who in any Protected Forest
without permission in writing given by the Secre-
tary of the Board-

(a) clears any land for cultivation, pas-
turage or any other purpose; or
(h) fells, cuts, girdles, barks, lops, taps,
or bleeds any tree or injur.., by fire or other-
wise any tree; or

(c) kindles, keeps or carries any fire or
(d) depastures any livestock or permits
any livestock to trespass,
shall be guilty of an offence against this Ordinance.

11. If, after the first publication of any
proclamation declaring any lands to be n Protected
Forest, any cultivation, cleared space or pasture
land is found \within such Protected Forest, the
owner of the land where such cultivation, cleared
space or pasture land is,' shall be presumed to have
cultivated or cleared such land in contravention of
the provisions of this Ordinance, unless permission
in writing to clear such land had previously been
obtained from the Secretary of the Board:

Provided that such owner shall not be con-
victed if it is proved to the satisfaction of the
\Iagisltrit before whom he is charged with an
offence against this Ordinance that the land in
respect of which the charge is laid was not cultiva-
ted or cleared in consequence of any wilful act or
culpable negligence by the owner of such land,


Offences.


Any cleared
space in Pro-
tectd FVl est
deemed to be
cleared by
owner.


No. 21 of 1956.


3 korTBemaTi.


Forestry.






F'Jrestry!.


PART III.
RESERVATION OF FORESTS.

Declaration 12. (1) The Governor in Council may by
of eser.t Proclamation published in the Gazette declare any
Protected Forest or any other area of land whether
cultivated or not to be a Forest Reserve.
(2) A survey of every area of land declare
to be a Forest Reserve shall be made and a map or
or plan thereof shall be deposited in the Registrar's
Office and a copy thereof shall be posted at the
Police Station nearest to the Forest Reserve.

Acquisition 13. All lands declared under the provisions
of nrt for of this Ordinance to be Forest Reserves shall be
hesorve. acquired by the Crown and the provisions of any
Act in force in the Colony relating to the acquisition
of land by the Crown shall apply.
Offence. 14. Except under the authority of any
regulation made under this Ordinance, any person
who in any Forest Reserve-
(a) fells, cuts, girdles, barks, lops, taps
or bleeds or in any way injures any tree, or
(b) kindles, keeps or carries any fire or
(c) depastures any livestock or permits
any livestock to trespass,
shall be guilty of an offence against this Ordinance.

PART IV.
MISCELLANEOUS.

Declaration 15. (1) Every Protected Forest and Forest
of Protected Reserve shall be demarcated by stones, concrete
W'orest and
Forest pillars, iron pipes, notice board, or sign plates, or
iReserves. by distinctive trees or plants and such boundary
stones or other boundary marks shall be maintained
in such manner as to be clearly visible at all times.
(2) The boundary stones or other boundary
marks of every Protected Forest and Forest Reserve
shall be maintained at public expense,


-FR R% F.R~T 4


X0. 21 or, 1(m6.







No. 21 of 1956.


16. The Governor in Council may make KRgulations.
regulations for any of the following purposes, that
is to say-
(a) for the granting of permits under the
provisions of this Ordinance;
(b) for the cutting, lopping and felling
of timber within a Protected Forest and a
Forest Reserve;
(c) for regulating the management and
control. of Forest Reserves and Protected
Forests;
(d) for regulating the sale of timber cut
or felled within a Forest Reserve;
(e) providing for the seizure and disposal
of any timber cut or felled contrary to the
provisions of this Ordinance;
(f) for Ithe planting of useful trees in
place of uneconomic forest trees;
(g) generally, for the better carrying out
of the provisions of this Ordinance.

17. (1) Every Forest Officer and every Seizure and
member of the Police Force may seize and impound destruction
any livestock within a Protected Forest or Forest
Reserve and may shoot and destroy sheep, goat,
swine or feathered stock found therein and notice
of such seizure or destruction shall be immediately
given to the person known to be the owner thereof.
In this section "feathered stock" means any cock,
hen, capon, turkey, gander, goose, drake, duck,
guinea-fowl, peacock peahen or the young of the
same.
(2) All livestock so seized and the carcasses of
every sheep, goat, swine or feathered stock so
destroyed, in a Protected Forest or Forest Reserve,
shall be forfeited to the Crown, unless the owner
thereof or some person authorized by him shall, in
the case of such livestock within forty eight hours
of such seizure, and in the case of such carcasses
within twenty four hours of such destruction, claim
suoh livestock or such carcasses,


,3,'; r-t.nRa'i ,






AfONTSBEBAT. 6 F, ', ',. No. 21 of 1956.

(3) Any livestock so forfeited to the Crown
shall be sold by public auction by the pound-keeper,
acting on the authority of the Forest Officer, and
the proceeds, after deducting all expenses in con-
nection with the impounding and sale of such
livestock, shall be paid over to the Forest Officer
who shall pay the sam" into the Treasury.

(4) The carcase of any sheep, goat, swine or
feathered stock forfeited to the Crown, after
inspection by the Veterinary Officer or Agricultural
Officer, if deemed fit for human consumption shall
be sold and if unfit shall be immediately buried.

(5) Any person making such claim ss men-
tioned in subsection (2) of this section may be
charged with an oif-I'c a against section 10(d) or
section 14(c) as-the case may be, of this Ordinance.

Power of 18. Any member of the Board, Forest
entry. Officer or Police Officer may enter upon and pass
or repass over any land within 'the Colony on
reasonable suspicion that the provisions of this
Ordinance or of any Regulations made thereunder
are not being complied with or for any of the
purposes of this Ordinance.

Asa.it, etc. 19. Any person who assaults, obstructs or
resists any member of the Board. Forest Officer or
Police Officer in the execution of any duty imposed
by the provisions of this Ordinance, or who aids,
or incites any other person so to assault, obstruct
or resist, shall be guilty of an offence against this
Ordinance.
Penalties. 20. (1) Any person who is guilty of an
offence against this Ordinance or the rules made
thereunder shall be liable on summary conviction to
a fine not exceeding fifty pounds.

(2) When any person is convicted of an
offence against this Ordinance or the rules made
thereunder the Magistrate before whom he is
convicted may order that any crop grown on the
land in respect of which the offence has been
committed be forfeited.








No. 21 of 1956.


F C .7 lO',T,,1YOAT.


(3) Any crop forfeited under the proceeding
sub-section shall be sold or otherwise disposed of as
the Governor may by general or special order
direct.

21. (1) Any member of the Board or Forest
Officer or Police Officer, may, without warrant,
arrest any person found within a Protected Forest
or Forest Reserve who is reasonably suspected of
having committed an offence against this Ordinance
or rules made thereunder if such person refuses to
give his nare and address.

(2) Every person making an arrest under this
section shall with all convenient despatch deliver
the person so arrested over to the Police Officer in
charge of the nearest Police Station.

22. Any proclamation made under this
Ordinance may at any time be varied or revoked by
the Governor or the Governor in Council, as the
case may be.


Power to
arrest without
warrant.


Revocation.
etc. of the
proclamation.


23. Proceedings in respect of an offence Legal Pro-
against this Ordinance may be instituted by any ce"din's.
member of the Board. Police Officer or Forest
Officer.
24. The Ordinances mentioned in the Repeal.
Schedule to this Ordinance are hereby repealed.

0. E. HENRY,
President.
Passed the Legislative Council this 10th day
of October, 1956.
JAS. H. CAUROTT,
Clerk of the Council.

Recommitted to the Legislative Council this
21st day of December, 1956, for the purpose of
making certain *amendments requested by the
Governor in a M -- l-ge dated the 10th December,
1956.
,Jas. H. CARROTT,
Clerk of the Council.


Forestry.








MONTSEBRAT. 8


Forestry.

SCHEDULE.


No. 21 of 1956.


No. and Year.

10/1921

2/1946


Short title.

The Reforestation of Lands Ordinance,
1927.
The Forestry Ordinance, 1946.


Printed at the Government Printing Offioe, Antigua, Leoward Islands,
by E. M. BLACKMAN M.B.E., Government Printer,-By Authority
1957.
47/00344-500-1.57. [Price 10 cents.)







No. 23 of 1956.


[L.S.]


Supplementary Appropriatton
(1955).


I ASSENT,
P. D. MACDONALD,
Acting Governor.
28th December, 1956.


VIRGIN ISLANDS.

No. 23 of 1956.

An Ordinance to sanction certain payments from
the Public Treasury in excess of the sums
placed on the Estimates for the year ended
on the thirty-first day of December, 1955.
[28th December, 1956.]


VIRGIN
ISLANDS.


Commence-
ment.


ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may be cited as the Sup- short title.
elementary Appropriation (1955) Ordinance, 1956.


2. The various sums set forth in the
Schedule to this Ordinance amounting in all to
forty-eight thousand, one hundred and thirty-one
dollars and twenty-four cents and drawn from the
Public Treasury for the service of the year ended
on the 31st diy of December, 1955, under the
warrant of the Governor, but not provided for in
the Estimates for the said year, are herby declared
to have been lawfully expended for the services
mentioned in the said Schedule.

G, P. ALLSEnROOK,
President.

'Passed the Legislative Council the 11th day
of December, 1956,

H. O. CREQUE,
Clerk of the Council.


Legalization of
expenditure.






VIaIN 2 Supplementary Appropriation. ho. 23 of 1966.
ILAN. (1955).


Head


SCHEDULE.

Service.


III Administration, Treasury and
Customs
VIII Miscellaneous
XI Public Works
XII Public Works Recurrent
XIIIA Deferred Maintenance


ANTIGUA.
Prmted at the Government Printing0flice, Leeward Islands,
by E. M. BLAOKMAN, Government Printer.-By Authority.
1956.


Amount.
$
3,390.08

10,242.13
171.60
16,452.44
17,874.99

48,131.24


[ Price 4 oants..]


471001 40--51 0-1.57.






No. 24 of 1956. Development (Electricity and VIRGIN
Cold Storage) Loan. ISLANDS.



[L.S.]

I ASSENT,
P. D. MACDONALD,
Acting Governor.
28th December, 1956.





VIRGIN ISLANDS.

No. 24 of 1956.

An Ordinance to make provision for raising a
loan of one hundred and -seventy-seven
thousand, two hundred and eleven dollars
for the purpose of financing the Electricity
and Cold Storage Scheme in the Island of
Tortola.
[28th December, 1956 Commence-
ment.
ENACT ED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may be cited as the Short title.
Development (Electricity and Cold Storage)
Loan Ordinance, 1956.
2. The Governor is hereby authorised to Governor or
raise a loan of an amount sufficient to produce may raiont
as nearly as may be the sum of one hundred and $177,211.
seventy-seven thousand, two hundred and eleven
dollars and such further saur as may be necessary
to defray the expenses of issue.
3. The principal monies and interest Security for
represented by the loan issued under the loan
provisions of this Ordinance are hereby charged
upon and shall be payable out of the general
revenues and assets of the Colony.





VIRGIN 2 Development (i:l, t., ,.i.'y and" No. 24 of 1956.
ISLAN'S. Gold Storage) Loan.
Application 4. (1) Any sum raised to defray the
ofloan. expenses of issue shall be applied only to that
purpose.
(2) Save as aforesaid, the money to be
borrowed under the authority of this Ordinance
shall be appropriated and applied to the purpose
specified in the Schedule hereto.
Method of 5. The loan hereby autborised, or any part
raising loan. thereof, may be raised either-

(a) in the Colony under the provisions
of the General Local Loan Ordinance, 1956;
or
(b) in London under the provisions of
the General Loan and Stock Ordinance,
1956, or notwithstanding' anything to the
contrary in the said Ordinance, indepen-
dently of that Oid!ir,:Lce. as the Governor
or the Crown Agents acting on his behalf
may decide.
Constitution 6. (1) If the loan hereby authorised or
of sinking any part of it is raised under the provisions of
fund and
payment of the Geheral Local Loan Ordinance, 1956, then
interest the contribution to sinking fund as contemplated
by the provisions of subsection (2) of section 13
of that Ordinance shall commence in respect of
any issue under this ( ordinance not later than one
year after the date from which the interest on
such issue shall commence to run.
(2) If the loan hereby anthorised or any
pirt of it is raised under the provisions of the
fleneral Loan ri d Stock Ordinance, 1956, then
the contribution to sinking fund as contemplated
by the provisions of section 11' and 28 of the
said Ordinance, as the case may be, shall com-
mence in respect of any issue under this Ordi-
nance not later than one year after the date from
which the interest on such issue shall commence
to run.
(3) If the loan hereby authorized or any
part of it is raised independently of the General
Loan and Stock Ordinance, I -K1'i, then the follow-
ing' provisions shall apply:-







No. 21 of 1956. Development (Fl-. c' ii,' and 3 VIRGIN
Gold Storage) Loan. ISLANDS.

(a) So long as any portion of the loan
remains outstanding the Governor shall in
each half-year ending with the day of which
the interest on the loan falls due appropriate
out of the general revenues and assets of
the Colony a sum equal to one half-year's
interest on the whole of the loan outstanding
and shall remit that sum to the Crown
Agents at such time as will enable them to
pay thereout the then current half-year's
interest on the day on which it falls due.
(b) The Governor shall also in each
half year ending as aforesaid appropriate
out of the said revenues and assets of the
Colony for the formation of a sinking fund
for lhe repayment of the loan at par an
additional sum in respect of the total nomi-
nal amount of the loan outstanding equal to
one-half of the annual contribution to be
decided upon by the Governor on the issue
of the loan and shall remit that sum to the
Crown \Agents with the remittance herein-
before mentioned:
Provided that the said contribution
shall commence not later than one year
after the date from which the interest on
the loan shall commence to run.
(c) The aforesaid contribution shall be
not less than such amount as may be
be determined with the approval of the
Secretary of State to be sufficient to redeem
the loan at its due date.
(d) The Crown Agents shall place at
interest or invest so much of the money
so remitted to them as aforesaid as shall not
be required for the payment of interest for
the current half-vyear in the purchase of
such securities as may he approved by the
Secretary of State as a sinking fund for the
final extinction of the debt, and the Crown
Agents shall also place at interest or invest
the dividends, interest or produce of such
investments in the purchase of like securities






4 Development (Elb-tl' iitiy and
Cold Storage) Loan.


No. 24 of 1956.


and may from time to time with the
approval of the Secretary of State change
any such investments and shall hold such
funds in trust for the repayment of the
principal moneys for the time being
represented by the loan.

(e) In case the sinking fund provided
for by this Ordinance shall be insufficient
for the payment of all the principal moneys
borrowed under the authority of this Ordi-
nance at the time the same shall have
become due the Governor shall make good
the deficiencies out of the general revenues
and assets of the Colony.

G. P. ALLSEBIiOOK.
President.
Passed the Legislative Council the 1th
day of December, 1956.

H. 0. CREQUE,
('erk of the Council.
SCHEDULE.


Electricity and Cold Storage Scheme ...


... $177,211.


Pliinted at the Government Printing Office, Antigua, Leeward Islands,
by E. M. BLACKMAN, M.B.E., Government Printer.-By Authority.
1957


VIRGIN
ISLANDS.


47/00456-670-1.57.


[Price 6 cents.]






VIRGIN ISLANDS.


STATUTORY RULES AND ORDERS.
1966, No. 32.

THE DIPLOMATIC PRIVILEGES (WORLD HEALTH ORGANISATION)
(AMENDMENT) ORDER, 1956, DATED JULY 23, 1956, MADE
BY THE GOVERNOR IN COUNCIL LNDEI SECTION 2 OF THE
DIPLOMATIC PRIVILEGES (EXTENSION) ACT. 1948 (No.
9/1948) AS A'.iI.:lrl.


1. Short title. This Order may be cited as the
Diplomatic Privileges (World Health Organisatioin) (Amend-
ment) Order, 1956, and shall be read as one with the Diplomatic
Privileges (World Health Organisation) Order, 1949 (Leeward
Islands General Government S. R. & 0. 1949 No. 35) herein-
after referred to as the Principal Order.
2. Amendment of Article 9 of the Principal
Order. (1) The Principal Order shall have effect as if in
Article 9 thereof references to representatives of member
Governments included references to representatives of the
Governments of Associate Members of the Organisation.
(2) For the purposes of this Order, tlh expression
"representatives of the Governments of Associate \1eniher.
of the Organisation shall be deemed to include their official
staffs, accompanying them as such representatives, as delegates,
deputy delegates, advisers, technical experts or secretaries
of delegations.
3. Laying before Legislative Council. This
Order shall be laid before the Legislative Council.
Made by the Governor in Council this 23rd day of July,
1956.
M. TITLE,
Clerk of the Council.
Laid before the Legislative Council this 19th day of
November, 1956.
H. 0. CREQUE,
Clerk of the Council.
Printed at the Government Printing Offloe, Antigua, Leeward Islands,
by E. ]M. BLACKMAN, M.B.E., Government Printer.-By Authority
1957.
20/00015-490-1.57. [Price 3 cents.]

/;~j.




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