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 Antigua, Bill: Excise (Amendment)...
 Antigua, Bill: Crown Proceedings...
 Antigua, Bill: Publication of the...
 Antigua, Bill: Prison (Amendment)...
 Montserrat, Ordinance, no. 5 of...
 Virgin Islands, Ordinance, no....
 Antigua, Statutory Rules and Orders,...
 Antigua, Statutory Rules and Orders,...
 Antigua, Statutory Rules and Orders,...
 Montserrat, Statutory Rules and...
 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/UF00076853/00038
 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: VID00038
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 39
        Page 40
        Page 41
        Page 42
    Antigua, Bill: Excise (Amendment) Ordinance, 1957
        Page A-1
        Page A-2
    Antigua, Bill: Crown Proceedings (Amendment) Ordinance, 1957
        Page B-1
        Page B-2
    Antigua, Bill: Publication of the First Lists of Voters (Extension of Time) (Amendment) Ordinance, 1957
        Page C-1
        Page C-2
    Antigua, Bill: Prison (Amendment) Ordinance, 1957
        Page D-1
        Page D-2
    Montserrat, Ordinance, no. 5 of 1957: Workmen's Compensation Ordinance, 1957
        Page E-1
        Page E-2
        Page E-3
        Page E-4
        Page E-5
        Page E-6
        Page E-7
        Page E-8
        Page E-9
        Page E-10
        Page E-11
        Page E-12
        Page E-13
        Page E-14
        Page E-15
        Page E-16
        Page E-17
        Page E-18
        Page E-19
        Page E-20
        Page E-21
        Page E-22
        Page E-23
        Page E-24
        Page E-25
        Page E-26
        Page E-27
        Page E-28
        Page E-29
        Page E-30
        Page E-31
        Page E-32
        Page E-33
        Page E-34
        Page E-35
        Page E-36
        Page E-37
        Page E-38
        Page E-39
        Page E-40
        Page E-41
        Page E-42
        Page E-43
        Page E-44
        Page E-45
        Page E-46
        Page E-47
        Page E-48
        Page E-49
        Page E-50
    Virgin Islands, Ordinance, no. 14 of 1956: General Local Loan Ordinance, 1956
        Page F-1
        Page F-2
        Page F-3
        Page F-4
        Page F-5
        Page F-6
    Antigua, Statutory Rules and Orders, no. 51 of 1956: Freemansville Extension Scheme
        Page G-1
        Page G-2
        Page G-3
        Page G-4
        Page G-5
        Page G-6
        Page G-7
    Antigua, Statutory Rules and Orders, no. 1 of 1957: King George VI (Antigua) Stamps (Invalidation) Order, 1957
        Page H-1
    Antigua, Statutory Rules and Orders, no. 8 of 1957: Proclamation dated February 16, 1957, appointing Monday 25th February, 1957, as a public holiday in the Colony of Antigua
        Page I-1
    Montserrat, Statutory Rules and Orders, no. 1 of 1957: Proclamation dated February 13, 1957, re Public Holiday in the Colony of Montserrat to commemorate the decision to federate
        Page J-1
    Virgin Islands, Statutory Rules and Orders, no. 6 of 1957: Proclamation dated February 14, 1957, proroguing the Legislative Council of the Colony
        Page K-1
Full Text







I.-


:7'
= V' o


-.% o


THE

ANTIGUA, MONTSERRAT

AND

VIRGIN ISLANDS GAZETTE.


Published by authorityy.


1. II.


TiIURSI)AY. 21.s. F~EIBlUARY, 9,57.


No. W.


N (t iciis.


EtRKA''I \M.

W iih 4rfe!'rncEl to Notice No. S
aip :ti ig ii te iiss- l- "f tih Anti-
gua, Montselrrcld and Vitrgin Islanlds
(OG lt!. No. 4 of tlil 17th January.
19;57, til following typogrivphieal
core i-tiiil ishouIl lie linide in the
nndermiientioned Short Title of Cap.
60 sp!'oi filed in P':att I of the Sheedlnle
to the' in;!i(1ienwit (leoward Islalnds
Acts) Or linianre, \[on1tse-rrait. No.
24 of 1956i. circulated with the above-
mentii neild (firztil'e:-

The sulistitition of the word
Clothiing "' for tli word I)isei-
pline in the Shbrt Title "- The
K i n g's Sein.n's Discipline
Act ".

7'.-,. Sc;,,ela iat.
A tiI ig ua.
13th FYiirrpii'l, 19.,7.
Ref. No. 47/(0.72



The Administrator of Montserrat
by virtue of the powers vested in him
under section 3 of the Incomue Tax,
Ordinance. 1945, hereby appoints the
Official lRepresent.itive of the Colonial
Inconm Tax O1e('. ,Lonidon, as Agent
for tlhe Col,,ny of Mont-srrat.

By Order.

.Is. H. CAnROTT,
C.'hief Clerk.

Adnminislrator's O'. ,.

Moifserr'at.

11th February, 1957.
Ref. M. 6. 35A/s-ITI.



It is hereby notified for general
information that the Colonial Income
Tax Office has been, from the let
January. 1957, redesignated the Over-
seas Territories Income Tax Office.

Admii Nstraotor's O(li..

British VIirlin Islands,
8th February, 1957
Bef. No. 31/112.


SBT.72., j/


No. 1S.


Appointments and transfit'rs etc.,
in the pnblir service, with effect tvoi t
the dfais stated, are publlislhed for
general informu.tion:--

ARCHnBALD. A. Crtifictt-d hii-tmnc-
tary Schol Assivt:>it Graie II.
Education Dep:rtimnt. Antinua.
resi,,,eLd. .Jlan. 1i5

IPI), lMrs. E. Certii:,tetd hlemen-
tary Schicol \A sistait Gradir 1. ro I.e
Se,,cilnary School .. -sistait (i ni-
versily (Or: tlnat-), I, it c a i i o i
DIep:artnme]t Antitgin. .J;I. I

IIBYA.. C. PI.O. Cl. 11, M'ntl Hi -
pital, to le lrision Ol(icer iGr Ie ill
Anticoua. Jani. 24

CHAtRLIES,. FE. de. Prison 0 11i c e r
Grade Ill, to be 1'r.isoi Of1lic r
Grade II. Antigna. .lla. 1

DERR ICK, Miss G. Junior Cler k,
Post Office, Antigua, cn firmi t l in
appointment. Jan. 1

DICKENSON. E. Petty Olficer C1. III,
Administration to be P .0, C1. II,
P. W. I). Jan. 1

FRANK, HI. Uncertificated Tacher
to be Elementary School Assistant
Grade II. Education Department,
Antigua. Jan. 1

FLAX, Miss S. Junior Clehrk, to hI-
S niori Clerk, Treasury, Antiiuoa.
Jan. 1
HUN'r, S. E. B. Prison Officer Gralde
III, Antigua, confirmed in appoint-
ment. Jan. 1

KENDALL. T. H. Junior Clerk. Post
Otlice. Antigua, resigned. Feb. 3

MICIIHAE, E. Prison Oflicer Grade II
to be Prison Oflicer Grad e I,
Antigua. .an. 1

MIKE. K, to be Prison Officer Grade
III, Antigua. April 1

MURDOCH, H. A. W. Senior Clerk, to
be Principal, Treasury, Antigua.
Jan. 1
O'MARD, J. Prison Officer Grade I,
to b- Principal Officer, H.M. Prison.
Antigua. Jain. I

PRICE, Miss R. Certificated Elemen-
tary School Assistant Grade II. to
be Certificated Elementary School
Assistant Grade I, Education
Department, Antigua. Jan. 1


CONFIRMATION OF ORDINANCES



No. 1.).

The tSe-ivrtary ,f' Srate for th1-
Coloniies hIsi n i :n' :'ii i the ActiuiL
Gov-zrio iinl1t ti-. pWe. of diis-
allowance w ill nii, b)," exercised in
r'esper of' thi undirnI tion(el Ordi-
iances:-

Antign.m

No. 11 of 11956, "1Thei w !ncittion
Ordiiiance, 19t56".
Rel. No. 47/;U0112

No. 28 of 1956, TIe LInklictoiiints
Act (Amenuinient) Ordinance, 19)16."
lef. No. t7/00ot!t,

limilserraut.


No. 11 of 19T56, "The Educi -tion
Ordinatnce, 1i95.."
Ref. XN. 47j00413

No. 17 of 1956, The Registration
of (luhbs (Ameiindent) Oldi nance,
1956.
Ref. No. 47000,372





No. 20.

The Actini Governor has this day
been pleased to assent to the under-
mentioned Ordinances:-

Montserrat.

No. 2 of 1957, The Public Health
(Amendment) Ordinance, 1957 "
Feb. 12
Ref. No. 47/00483
No. 3 of 1957. The Distribution
of German Enemy Property Ordi-
nance, 1957."
Feb. 12
Ref. No. 47/00467

No. 4 of 1957, The Rural Districts
Boards (Amendment) Ordinance,
1957". Feb. 11
f. No. No47/o0108
No. 5 of 1957, The Workmen's
(Compensation Ordinance, 1957 ".
Feb. 12
Ref. No. 47/00360






40 THE A NTIG U A, MON SERRAT AND VIRGINN ISLANDS GAZETTE. [Fclbruary 21, 1957


VFirg'in s[.lan'.
No. I of 1957, -"Th: Suprime
Court Act (Ame.nd-n.int) Ordinance,
1957 ". Feb. 14
Jief. No. 47/00188
No. 2 of 1957. The Enacmenut
(L'eeward Islands Acts) Ordinance,
1957 ". Feb. 11
Ref. No 17,'t! 73
No. 4 o' 1957. "The land Acqnibi-
tion Ordinance. 1)57 ". Feb. 19
Ref. No. 47(i004S7

No. 21.

'Te following Bills which are to be
introduced into the Legislative t'ouncil
of Antigna are circulated with this
Gazette and form part thereof:-
"Tihe Excise (A.\uimonident) Ordii-
nance. 1957."

The C'rown Proct '-diiog (Amn,-id-
iiiten') Or i!i'tance, ,1T 57."

The Piblication of ithl First Lists
of \-e's (Exteasion of Time)
(Amendinment) Ordinatnct. 1957."

The 'riiso (.ineniiment) Ordi-
nanci-. 1. 7."

No. 22.

The following Ordinances and
Statutory ilules and Orde)(irr are cir-
culattd with this Gazette ;ml forml
part thereof:-
OSDINAN( I.-
Montsei (rt.

No. 5 of 1957, The Workmen's
Compensation Ordinance, 1957."
50 pp. Prici t60 cents

Virgin [llands.

No. 14 of 1956, T'hp General
Local Loan Ordinance. 1956."
C0 pp. P' ic' 9 cents

STA I i I;Y TULES & ORDERS.


No. 51 of 195., Ti F'reemans-
vil. Extension Schi-eni."
7 pp Price 0lc
No. 1 of 1957. "The King George
VI (Antigna) Stamps (Invalidation)
Order, 1957." 1 pp. P'ice 3 c('ets

No. 8 of 1957. Proclamation dated
February 16. 1957, appointing Mon-
day 25th February, 1957. as a public
holiday in the Colony of Autigua.
1 pp. Priice 3 cents

hfmio serrat.
No. I of 1957, I'roc:mnation dated
February 13, 1957. re Public Holiday
in the Colony of Montserrat to com-
mentorate the decision to federated.
1 pp. Iri'e 3 cents

Virgin Islands.
No. 6 of 1957, Proclamation
dated February 14, 1957. proroguing
the Legislative Council of the Colony."
1 pp. Price 3 cents


In the Supreme Court of the
Windward Islands and
Leeward Islands,

MONTSIERRAT CIRCUIT.

Circuit Court Notice.

NOTICE IS 11 EREBY given that
in pursuance of Rules made by the
Chief .1ustic- und-r Section 1G of the
Windward Islands and Leeward Is-
lands ('orts (Or1r in Council. 1939,
on the 24th day ', Sept( mbl), 194 1,
as amended, the Honourable the
Puisne .ludge selected for ithl sitting
of the Cou t. in tle .I1.. :rat (ir-
cuit has appointed the uA dirnien-
tione i i;ty (n which thp -isuiing
Circuit shall sit in the Col(1n that


Of Mi' nda3 the-ll4h iiy (i M rch,
1 1.7. at 10.00 o'clock in M Wh 'oe-


i'. O. C. H AH MuS,



lReuistr'.r's Oflic-.
Momtserrat,
9th Fhln;ury, 1957.

M. 65.\/s III.



VIRGIN ISLANDS

iThe, itisati' of, UlTnited! Kingdom
Pat' ltsL Act. 1925.

NOTICE IS HEREIY GIVEN that
1BOC310 11EME UESELLSCHIIAFT mit
BESCIRANKITER HFAFTUN(G of
Kundl, Tyrol, Austria, have applied
for registration of United Kingdom
Patent No. 734232 dated the ".'id day
of April, 1:i"'. and issued the 16th
November, 1955, and have filed at the
Registrar's Office, at Road Town,
Tortola, a complete copy of the speci-
fications :tan the Certificate of the
Conmp;rolllr (oenoral of the United
Kitgdonm Patenit Office living full
particulars of this Patent which will
be open to public inspections at the
said ,-- il' al any time between the
hours of 9.00 a.m. and ;1.30 p in. onl
working days except on Saturdays
when the hours will be from 9.00
a.m. to 12 noon.

Any person may within two months
from the date of this advertisement
give notice to the Registrar of opposi-
tion to the issue of a certificate of
regiirtralion ipon any of the grounds
prescribed in Section 10 of th" Patents
Act, 1906, for opposition to the grant
of Lett rs Patent.

Dated the 24th day of January, 1957.

H. ALEX. BEISSON,
Ref iistrar,

]Iefistrar's, 0 'n,',,
liRoid Tow'm,. Tortola,.
r,lish Vt rgin /. .s'.


TRADE MARK'S OFFICE,
ToitO'l'ilA,
BJRITISIs VllitlIN ISLANDS.
21ith.Ja "ua'y, ';7.

BHENSON & fE!, lI ..-; of 1:-. : Park
Avenue, N-ew\ Y\IIr, Sl;te of Now
York, U.S.A. have applied for regis-
tration of one Tr.id Mark consisting
of the, followi':--.










'7



i it


FILTER
MOUTHPIECE

e:>:H.Sla&;rE3SES (Sra VTBK


to ao ltI


in ( - 1 h


U, SA t: tO tit' -IS


The A(\plica:n S ci;hin that rhey
have ui>-d the s-;iid Trad'- Mark in
respect of the :tidl goo>dsi for s.ven
years bflor.- the date of thleir said
application.

Any pardon m'ay within three
months from the date oe ,f i e lirl.t
appearance of ;lie Advertisement in
the Antigu.., MJnel./rrat and Virgin.
Islan(ds Gazelt/. give notice in dupli-
cate t the Trade Marks office British
Virgin Isl-nds of opposition to regis-
tratiuon of the said Trade Mark;

II. A LEX BIESON,
,n/i' /of ." ,. Mark/s.


Applications are invited from suitably
qualified r.aIiidl..et for appointment
to the post of t-.l:ctor of Customs,,
St. Vincent, particulars of which, .
are as 'oi.,ws:-




Appntment

!, post i- at priest-lit nlro -pensifn-
abl., ialt s;")ps- are- being taken to
declare it p,-t-sii:l.e. 'The appoint-
itent ca'-ries w;thi it litH liability to
transfer to any po t, of equivalent
status within the Windward I islands.
The Ollicer will be tauiject to the
Colonial Regulations, General' Orders
and Financial and Stores Rules of the
Windlward Islands, for the time
beinii, in force, in -io far as they are
applicable.







J'ebruary 21, 19571 THE ANTIGUA, MONTSERR:T AND VIRGIN ISLANDS GAZETTE 41


Salary and Allowances
The salary of the post is at the rate
-of -... r.i per annum in the scale
: 1'!1.l .....'i0, lus a pay addition
(of 2( of salary. ITravelling and
subsi;st-in' allowances are I[ J1 i il
accorilance with lori menlationla.

Duties
The Ollie will lie responsible for
'the general manacenl r!t and .tininlis-
tration of Itl C(tstoms and Ixcise
D"partimeint. and for the olbs, rvance
of th provisions ,f all Laws ,.rtain-
ing to trade and custolis and excise.
He will also carry out the iidies of
Registrar of l"'- '."-. and 4f the
United K-ingdton Trade (''res-


Qualifications
An intimate acquaintance '..ill all
matters relating to Trade and cl 'stoms
work and business generally, and a
knowledge of the duties o' the
Recistrar of Shipping.

Quarters
Quarters are not provided.

Passages
Free fir'stclass p;issaiges to St.
Vincent will he provided for the
officer, his wife and children: children
should be under 18 years of age,
unnrarried and dependent on the
officer.

Leave and Leave ..;.
Vacation leave on full salary will
be granted at the rate of 45 ';:ys per
-annum. ;acumula ti up to a maxi-
numin of 1SO days-.

,Leav paiassuiies will In provided in
accordance \vit l(ocl ryuiations.

Medical Attention
FreIe Imedical a ltlntioni and medi-
cines are not provided.

Taxation

All governmentt 'lV -r, are liable
to taxation imposed vy local legis-
lation.

Applications, giving fu rll taieula.:s
of applicants and accompanied by two
testimonials, should be addressed to
the Chief Secretary, W in dward
Islands. Grenada, and should reach
him not later than the 31st March,
1957.


RAINFALL FCI

Central Experimen

Antigua.


Month 1953. 195t. 195
January 1.93 3.01 2.1
To 16th Feb. .77 1.08 .

2.70 4.12 2.:


TRADE MARKS OFFICE,
TOUTOLA,
BRITISH VIRGIN ISLANDS.
24th Jlanuary, 1957.

T. 11. ESTAHI OOKS Co(, LIMI-
TED. of 6201 Park Avemnu, Montreal,
Canada, Merchants have applied for
Regiistration of two Trade Marks
consisting of the following:--

1)






.( ..
Sr .. .










O II
N







in class 42, thai is to say: Substances
used ai food or as ingredicints in food.

'Th Applicants laitin that they
ia\, 'ius.d the sail 'Tra;de Marks in
resiece of thi saii :'oods for fifty-
saeven yeirs bIjeore th dite tof their
said Ap)plication.

Any person may within three
mouths from the date of the first
appearance of the Advertisement in
the IA ttitip1, nMoni.ri'tl itd Vigint
I:h/and. G(iazelf, 'ive notice in dupli-
cate at the I i I arks Oflice, liHitisi
Virgin Islands of opposition to regis-
tration of thi, said Trade Marks.

I-. ALEX LESSON,
i:eg'iysti''r of 7'Trae Marks.


Post of Cane-Farming Officer, Depart-
ment of Agriculture, Grenada, B.W.I.

Application are invited for the
post of Ca:le-.'arlnin Olticer. in the
Department of Agriculture, Grenada.
2. The post is in i-p)ensioable and
,'! le for a period of three years in
tlie first instance.


3. iThe: post is in th- salary scalet
-. '* x 120 '. '1 per annum
tog-tther with a pa) a edition of 20/ of
salary, buit tlite point in ltle salary scale
URE~.7. at which thi, sie('- ssful applicant will
Sbe appointed will depend on his
.t Station ,, ,i ,, t .-... and exp.-rience. In
addition a trawnslport allowance of
$1,08S) per :annnt is payable provid-
ing the '-..II-. I keeps and maintains a
motor car fAr tiho p rforlmance of his
5. 9519. 957 duties.
6 5.15 3.1 4. Appli ,':iis must possess the
D.I.C.T.A. or a University degree in
3 .C(0 2.14 agriculture, jp10is pr'-vions experience
inl a DepL-iart niil of A~grionliture deal-
09 .si 5.30 ing with p]n-:ani ag)ricl ire, and in
particular (::n) 'frmiln .


5. The duties of the post will
t'tail the orRanisation :ad supervision
of the c:an-farmini g industry; the
laying down, reaping and recording
of lield xperimti1Ints with su.lar cane;
i,;:trncting peasantst il the proper
methods of cultivation 'f sugar cane,
Itc. ot1.
Firee )assaao; 'an appointment
')ftd tp riina;ioni of Dpointment for
the ,. r i :I d iis I mnily will be
provid.d,I itn addiiiii t t tthe cost of
transport station of is personal and
houshouhl el'.s to and from"

7. Appli.t !n un.',:' id be)o ,l(-
dr,..- to,, ; Sh ay. Public
S"rS i,.s Com(,missio; ( Toverneo int
( ilic-,. I ;',- jada. ,tn.' -.i i iii r'I;.'}i him
niit ht r tlln Sh F -' 'rui ry, 1957.

25th ,uty. 15 T.
It No.. A. 1 /8l ) 11.

Apl .: tins :i ir:.; t, t fromi s-uita-
bly Iqu.i i iel Ii r I,,ilt t ''- for ap lpoint-
;ent iU to !i-e cisti. i !'--aidmaster
ilDioliin:. ( 'n H u e''i particu-
iars o1e Vhieh 1 a- Is oll ows:
1. Appointment: T' I-I, is on, tho
perllIantel I o it pen n l'' *ta ish-
inent a dwl h'w i poi' o;: !i]i carries
wi it h iabily to t naler t ainy post
of olquivlt';t a ui s i. thi- W\ilward
li-at dis.
2. Salary: a I. :-u::i is in l th
sc;!e I- ..','' i '-.0 > :- ,, p' pln ts 1p n-

Til point otfr ;i no, mi \amt will
bo di-erl io i r i'1Id C, th l- can-
dida:t's qu(Ailirt .i'i :;un!d experience .
3. jQ.Galifif o.oa Q,.-..,redJ: Dpgree
in Scenc- of ta vci'einis University.
4. Duties: )1iiicer itppointtd will
be re quiired t clh ('henistry and
Physics to liu.h r '- hol l '.r iif ll ate
Standard niin Siu) 260 hovs: Knowledxep of Gaines ani
all other extra-c irriic'tlar activities
associated with a secondary School;
Hr will b, :I tCired t take part in
out of Schtool a ivities:
lie will :ii+o 1 r- uir'd to perfI ri
anil other dtiris w alli'h fay be as1.-
signed to him trno tiim, to otinme.
5. Quarters: Qtiarirs are not pro-
vided.
6. Leave: The In "- will be oeligi-
ble for vacation leave at the rate of
45 days for each completed period of
12 months resident service, accniu-
lating up to a I;!lximunl of 1SO days.
7. Leave Passages: l.-ave passag',-
will be providedl in accordance, with
local tienelral ()Ordi'rs.
8. General Information: The officer
will be subj,.'t to, the Colonial LRegu-
lations. the Windward Islands Finan-
cial and Store,- iii', the local General
Orders and subsidiary legislation in
force from tinie to time. Government
,,It, i are liable to taxation imposed
by local enaictments.
A applications containing full parti-
culars, including qualiications and
experience of applicant, should be
forwarded to the Chief Secretary,
Windward Islands, Grenada, to reach
him not later than 31st March, 1957.
Ref. No. A C. 13/9--III.







42 THE ANTIGUA, MONTSEI{RAT AND VIRGIN ISLANDS GAZETTE [ ecbruary 21, 1'
i{ES(;INTIrPARt'S OFFICE.

ST. JOHN's.

ANTI GUA,

lith February, 19;7,

MEDICAL ACT 1937

Pursuant to Section 23 of the Medical Act, 1937 of the Leeward Islands as amended by the M\Idical (Amends-
ment), Act, 1948 and adapted to the Colony of Antingua by S.R.& 0. -No. 22 of 195;. the following r,',;isration iE
hereby notified.
MEDICAL PRACTITIONER


Name.


Qualification.


... M.D. (W.O.W) 1936


DaIt Regist, red.


17th Nov-eihr!r, 1956'


Cecil 0. Byron,
Reg isl rar.


BANKING STATISTICS: LEI.WA i) ISLAINDi)S.

All I,,i -i in British West Indian dollars.

Number of reporting banks: 3 (B3:recliys Bank (D. C. O.), Rotyal Bank f0 Can;, 'i
and Antigua Cooperrative BankA Ltd.)

Figures for end of quarter: 31st Dec,'imber. 1956.


LIABILITY IES.

1. Notes in circnhition


2. Deposits
(i) Do),natd
(ii) Ti)me
(iii) Savings

3i. Balances due


3,759,2 62.96
405,493.29
7,1 i',, 4 ...,


(a) Other banks in Colony
(b) Banks abroad


4. Other Liabilities


Total Liabilities


6.035.00




11,271,603.10



257,(17.47
371,548.10

382,659.08


12,289,462.75


ASSET.S.


1. (Ca1i
2. Balainc-s due by Banlks in Colony
3. Balances due from 1]-inks broadd
and other short climiis ine
4. Loans and Advances


$
935,932.06
3,106.15;

6.(6 10,026.61
3,5 ; 0 >


(i) Primary production includingg
processing f primary
products)
(ii) Other industries, (iinclnding
Commerce, T'mrsporta-
tion & Distlriiulion)
$1,732,455.28


(iii) Other
Advances
5. Investimtents
(a) Local
(b) Other

6. Other Assets


Total Assets


1,855,873.17


1,122,069.4.1

12,289,462.75


Printed at the Gov.rnment Printing Office, Antigua, Leeward Islands, by E. M. BLACKMAN, M.B.E,
Government Printer.-By Authority.
[195 7.
[Pric. 97 cenis.f


BRUNON PILSACK


Plel('ktralitioll N7111111),.r








Er, i',- (Amendment).


ANTIGUA.


No.


of 1957.


[BILL FOR]

An Ordinance to amend further the Excise Ordi-
nance, 191 ;.
S] Commence-
ment.
ENACTED by the Legislature of the Colony
of Antigua.
1. .This Ordinance mav be cited as the Short title.
Excise (Amendment) Ordinance, 1957, and shall
be read as one with the Excise Ordinance, 1903, 1311903.
as amended, hereinafter referred to as the Princi- 31.
pal Ordinance.


2. Section 16F of the Principal Ordinance
is hereby amended by the substitution of the words
" not exceeding for the word "of "--
(a) in line 4 of subsection (1); and
(b) in line 7 of paragraph (6) of subsec-
tion (2).


Amendment
of section 16F
of the Princi-
pal Ordinanoe.


President.


of 1957.


A NTIGUA.







Excise (Aniiendnmew.)


Passed the Legislative Council this
3957,


Clerk of the Council.


OBJECTS AND REASONS.


The object of this Bill is to amend section
16F of the Excise Ordinance, 1903 in order to
make it clear that the penalties contained therein
are maximum penalties.

DESMOND A. MCNAMARA,
Acting Attorney General,


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


No. of 1957.


ANTIGUA. 2


A, 47/22-320--2.57,


[Price 4 cents.]








No, of 1957, Crown Proceedings (Amend-
Ament.)

















ANTIGUA.


ANTIGUA,


of 1957.


[BILL FOR]
An Ordinance to amend the Crown
(Amendment) Ordinance, 1956.


Proceedings


S] Commenco-
ment.
ENACTED by the Legislature of the Colony
of Antigun.
1. This Ordinance may be cited as the sort title.
Crown Proceedings (Amendment) Ordinance,
1957, and shall be read as one with the Crown
Proceedings (Amendment) Ordinance, 1956, here- 1511956.
inafter called the Principal Ordinance.


2. Section 2 of the Principal Ordinance is
hereby amended by the substitution of the figure
" 2 for the figure 3 in the first line.


Amendment
of section 2
of Principal
Ordinance.


President.


Passed the Legislative Council this
1957.


Clerk of the Council.


No.









ANTI'GtA.


2 Crown roceedih: / (Amend- No.
ment).


of 1957.


OBJECTS AND REASONS.


The object of this Bill is to correct a typogra-
phical error in the Principal Ordinance.

DESMOND A. MCNAMARA,
Acting Attorney General.



































Printed at thU G(overniment Printing Offit. Antigua, Letward Islands.
by E. M. BLACKMAN, Government Pinter.-By Authority.
1957,


A. 47/158-320-2.57.


[-Price 4 cents.]








of 1957. Publication of thf First Lists of Voters ANTIGUh.
(Extension of T'imo) (Amendment.)

















ANTIGUA.


of 1957.


[BILL FOR]

An Ordinance to amend the Publication of the
First Lists of Voters (Extension of Time)
Ordinance, 1956.

[ ]
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the
Publication of the First Lists of Voters (Exten-
sion of Time) (Aimntrieiinirt) Ordinance, 1957,
and shall be read as one with the Publication of
the First Lists of Voters (Extension of Time)
Ordinance, 1956, hereinafter referred to as the
Principal Ordinance.
2. Section 2 of the Principal Ordinance is
hereby amended by the substitution of the wbrds
"thirty two for the words thirty one" at the
end of the section.


President.


Oommence.
meut.



Short title.




27/1956.


Amendment
of section 2
of the Prin-
cipal Ordi-
nance.


No.








ANTIGUA, 2 Publication of the Firt Lists of Voters No,
(Extension of Time) (A mendmen/.)

Passed the Legislative Council this
of 19957


of 1 .'I.

day


Clerk of the Council,


OBJECTS AND REASONS.


The object of this Bill is to substitute the
figure thirty two for the figure thirty one"
in the Publication of the First Lists of Voters
(Extension of Time) Ordinance, 1956 in view of
the fact that the lists were posted eleven" days
late and not ten" days late.

DESMOND A. McNAMARA,
.1, til Attorney General.


Printed at the Government Printing Offioe, Antigna, Leeward Islands,
by E. M. BLACKMAN, Govermnent Printer.-By Authority.
19 7,


A. 4776-I11-320-- .57.


[Price 4 cents.]








Prison (A amendment.)


ANTIGUA.


No.


of 1957.


[BILL FOR]
An Ordinance to amend the Prison Ordinance,
1955.

[
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the
Prison (Amendment) Ordinance, 1957, and shall
be read as one with the Prison Ordinance, 1955, as
amended, hereinafter referred to as the Principal
Ordinance.
2. Subsection (1) of section 6 of the Prin-
cipal Ordinance is hereby amended by the inser-
tion of the words and of a secretary after the
word Presidency in the fourth line thereof.


President.


Passed the Legislative Council this
1957.


Clerk of the Council.


Commenoe-
ment.



Short title.

4/1955.
12/1956.


Amendment
of section ( of
the Principal
Ordinance.


N o, of 1957.








(Prison Amendment.)


OBJECTS AND REASONS.


The object of this Bill is to amend the Prison
Ordinance, 1955 so as to provide for the appoint-
ment in the Rules made under the said Ordinance,
of a secretary to the Visiting Committee.


DESMOND A. Mc NAMAA,
Acting Attorney General.


Pliitea at the Government Printing O'fioe, Anti!.lua, Leeward Islawnl,
by E. M. BILACKMAN, Government Printer.-Dy Authority.
1957.


[Price 4 cents.]


No. of 1951.


ANTIGUA. 2


A. 47/20-II-,;'O--:'..'7.






No. 5 of 1957. Workmen's nton. MONT-
SERRAT.




[L.S.]
I ASSENT,
P. D. MACDONALD,
Acting Governor.
12th February, 1957.





MONTSERRAT.

No. 5 of 1957.

An Ordinance to provide for the payment of
compensation to workmen for injuries suffered
in the course of their employment.
[By Proclamation]
ENACTED by the Legislature of the Colony
of Montserrat as follows:-
1. This Ordinance may be cited as the Short title.
Workmen's Compensation Ordinance, 1956.

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






MONT- 2 Workmen's Compensation. No. 5 of 1957.
SERRAT.
his wages or, being an illegitimate child,
leaves a parent or grandparent so depen-
dent upon his wages, shall include such
an illegitimate child and parent or
grandparent respectively:

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

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

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

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







No


. o 1 1I.7. \'~rken ( >/ io. 8 MONT
manager" in relation to a ship means the ERAT.
ship's husband or other person to whom
the management of the ship is entrusted
by or on behalf of the owner;

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

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

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

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

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

"Schedule" means a Schedule to this
Ordinance;


t' e ^ ^ii


~" i







MONT- 4 Workmen's Comipensation. No. 5 of 1957.
SERRAT.
"section" means a section of this Ordinance;
o558 ship ", vessel ", seaman and "port"
t. c. 60. shall have the same meaning as in the
Merchant Shipping Act, 1894;
"total incapacity" means such incapacity,
whether of a temporary or permanent
nature, as incapacitates a workman for all
work which he was capable of performing
at the time of the accident resulting in
such incapacity:
Provided that permanent total inca-
pacity shall be deemed to result from the
permanent total loss of the sight of both
eyes or from any combination of injuries
specified in the First Schedule where the
aggregate percentage of the loss of
earning capacity, as specified in the
First Schedule against these injuries,
amounts to one hundred per centum;
"wages" includes any privilege or benefit
which is capable of being estimated in
money, other than a travelling allowance
or the value of any travelling concession
or a contribution paid by the employer of
a workman towards any pension or
provident fund or a sum paid' to a
workman to cover any special expenses
entailed on him by the nature of his
employment or remuneration for overtime
remunerated at a special rate or not
habitually performed;
workman ", subject to the exceptions here-
inafter mentioned, means any person who
has entered into or works under a contract
of service or apprenticeship with an
employer, whether by way of manual
labour, clerical work or otherwise, and
whether the contract is expressed or
implied, is oral or in writing, and whether
the remuneration is calculated by time or
by work done:
Provided that the following persons
shall he excepted from the definition of
work n that is to say-







No 5 of I9,57. lWorimen, (C,,ijensation. 5 MoxT-
SERRAT.
(a) any person employed other-
wise than by way of manual labour
whose earnings exceed two thousand
five hundred dollars a year or such
sumn as may from time to time by
Order be lixed by the Governor in
Council;
(b) a person whose employment
is of a casual nature and who is
employed otherwise than for the
purposes of the employer's trade or
business, not being a person em-
ployed for the purposes of any game
or recreation and engaged or paid
through a club;
(c) an outworker, that is to say,
a person to whom articles or materials
are given out to be made up, cleaned,
washed, altered, ornamented, finished
or repaired or adapted for sale in his
own home or on other premises not
under the control or management of
the person who gave out the articles
or materials;
(d) a member of the employer's
family dwelling in his house;
(e) members of the Leeward
Islands Police Force, including
special and additional constables;
(/) a person in the civil em-
ployment of Her Majesty otherwise
than in Her Government of the
Colony, who has been engaged in
a place outside the Colony;
(g) a person in the naval,
military or air service of the Crown.
(2) Any reference to a workman who has
been injured shall, where the workman is dead,
include a reference to his legal personal representa-
tive or to his dependants or other person to whom
or for whose benefit compensation is payable.
(3) If on any proceedings for the recovery of
compensation under this Ordinance it appears to
the court by whom the claim to compensation is to
be settled that the contract of service or apprentice-
ship under which the injured person was working





MONT- 6 Workmen's Co(np)en satim. No. 5of 1957.
SERRAT.
at the time when the accident causing the injury
happened, was illegal, the court may, if having
regard to all the circumstances of the case it thinks
proper so to do, deal with the matter as if the
injured person had at the time aforesaid been a
person working under a valid contract of service or
apprenticeship.

COMPENSATION.
Employers' 3. (1) If in any employment a workman
liability for suffers personal injury by accident arising out of
compensation. -
ompenion. and in the course of such employment his employer
shall be liable to pay compensation in accordance
with the provisions of this Ordinance:
Provided that the employer shall not be so
liable under this Ordinance for such compensation
should-
(a) the injury not result in the total or
partial incapacity of the workman for a period
exceeding three days;

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







oWTorlikmien S Compensation.


(iv) any other act or omission which
the court may, having regard
to all the circumstances of an
accident, declare to be serious
and wilful misconduct;
(c) it be proved that the accident would
not have occurred, or, in so far as it would
the incapacity or death would not have been
caused, but for a pre-existing diseased condi-
tion of the workman;
(d) death or incapacity result from per-
sonal injury if the workman has at any time
represented to the employer that he was not
suffering from that or a similar injury, know-
ing that the representation was false.
(2) An accident resulting in the death or
total and permanent incapacity of a workman
shall be deemed to arise out of and in the course of
his employment and the employer shall be liable to
.pay compensation notwithstanding that the work-
man was at the time when the accident happened
acting in contravention of any statutory or other
regulation applicable to his employment, or of any
orders given by or on behalf of his employer, or
that he was acting without instructions from his
employer, if such act was done by the workman for
the purposes of and in connection with his
employer's trade or business.


4. An accident happening to a workman in
or about any premises at which he is for the time
being employed for the purposes of his employer's
trade or business, shall be deemed to arise out of
and in the course of his employment and the
employer shall be liable to pay compensation if the
accident happens while he is taking steps, on an
actual or supposed emergency at these premises, to
rescue, succour or protect persons who are, or are
thought to be, or may possibly be, injured or
imperilled, or to avert or minimize serious damage
to property.
5. Notwithstanding anything in this Ordi-
nance, no compensation shall be payable under this
Ordinance in respect of any injury directly or
:'directly sustained as a result of war, invasion, act


Accident.
h il- p in 14
emergency.










Employers
not liable in
certain cases.


No. 5i of 1957..


i AloT-


SERILAT





MONT- 8 Workmen's Compensation. No. 5 of 1951.
SERRAT.
of foreign enemies, hostilities or warlike operations
(whether war is declared or not), civil war, mutiny,
insurrection, rebellion, revolution, conspiracy or
military or usurped power.
Liability of 6. (1) In every case where injury arising
mples ofr out of and in the course of his employment has
conveyance been sustained by a workman the employer shall,
treatment irrespective of whether the workman is disqualified
and for other for compensation under the provision of paragraph
threaten. (a) of subsection (1) of section 3, be liable to pay
to the workman or to any other person advancing
the same,, the reasonable expenses of conveying,
where necessary, the injured workman from the
place of the accident to the place of treatment and
thence to his residence.
(2) Where medical treatment or examination
is immediately required as a result of bodily injury
(including fatal injury) to a workman arising out
of and in the course of his employment, and the
treatment or examination so required (in this
section referred to as emergency treatment") is
effected by a medical practitioner, the employer
shall, irrespective of whether the workman is
disqualified for compensation under the provision
of paragraph (a) of subsection (1) of section 3, be
liable to pay to the practitioner-
(a) a fee prescribed by Regulations made
under this Ordinance in respect of each work-
man in whose case the emergency treatment is
effected by the practitioner, and
(b) a sum, in respect of any distance
which the practitioner must cover in order to
proceed from the place whence he is summoned
to the place where the emergency treatment is
carried out by him and t, return to the first
mentioned place, equal to the travelling
allowance paid by Government to officers in
the employment of Government:
Provided that the minimum sum to
which the medical practitioner shall be entitled
shall not in any case be less than the amount
to which the practitioner would be entitled had
he travelled a distance of two miles,





No. 5 of 1957. W orkmen's Compensation. 9 t.MOT-
SERRAT.
(3) The employer shall, irrespective of
whether the workman is disqualified for compensa-
tion under the provision of paragraph (a) of
subsection (1) of section 3, be liable to pay to the
workman, or to any other person providing the
same, the reasonable cost, charges and expenses
(which shall include travelling expenses necessary
as a result of periodic medical treatment prescribed
by a medical practitioner, and also expenses
incurred by the workman in establishing his claim
to compensation provided he does so successfully)
in respect of any medical treatment given to the
workman in consequence of any personal injury
sustained by him and arising out of and in the
course of the workman's employment by that
employer, such cost, charges and expenses being
Waljil t d to the workman's station in life and his
actual physical condition occasioned by the injury
and not en. '.ling, in respect of medical treatment
as an out-patient, thirty dollars.
7. (1) The compensation shall be payable To whom
to or for the benefit of the workman, or, where opensation
death results from the injury, to or for the benefit
of his defendants, as provided by this Ordinance.

(2) Where there are both total and partial
d.-prid:,Iitr nothing in this Ordinance shall be
construed as preventing the compensation being
allotted partly to the total and partly to the
partial dependants.
8. (1) Subject to the provisions of this Amount of
Ordinance, the amount of compensation shall be as compensation.
follows, namely:-

(a) where death results from the injury,
the actual cost of the burial of the deceased
workman to an amount not exceeding sixty
dollars and in addition-

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


ii; _


j





MONT- 10 Workmen's Compoensalion. No. 5 of I .7.
SERRAT.
(ii) if the workman does not leave a
dependent or dependants wholly
dependent upon his earnings
but leaves a dependent or de-
pendants mainly so dependent,
such sum not exceeding the
amount of compensation pay-
able under the- preceding sub-
paragraph as may be agreed
upon, or, in default of agreement
as may be awarded by the
court to be reasonable and
proportionate to the injury to
the said dependent or depen-
dants;
(b) where permanent total incapacity
results from the injury-
(i) in the case of an adult, a sum
equal to fifty-four months'
wages or six thousand dollars
whichever is the less;
(ii) in the case of a minor, a sum
equal to one hundred and eight
months' wages or six thousand
dollars whichever is the less;
(c) where permanent partial incapacity
results from the injury-
(i) in the eae of an injury specified
in the First Schedule, such per-
centage of the compensation
which would have been payable
in the case of permanent total
incapacity as is specified therein
as being the percentage of the
loss of earning c;,icity caused
by thl.t injury; and
(ii) in the case of an injury not
specified in the First Schedule,
such percentage of the compen-
sation payable in the case of per-
manent total incapacity as is
proportionate to the loss of
earning capacity permanently
caused by the injury:






No. 5 of 1957. Workmen', Compensation. 11 M ~rIT-
1 SERRAT.
Provided that such com-
pensation may be increased
by such an amount as may be
agreed upon or, in default of
agreement, as may be awarded
by the court, having regard to
the nature of the injury sustained
in relation to the type of work
and other circumstances of the
workman.
Where more injuri.' than one are caused by
the same accident, the amount of compensation
payable under this head shall be :ig.''it(dl, but
not so in any case as to exceed the amount which
would have been payable if total incapacity had
resulted from the injuries;
(d) where temporary incapacity, whether
total or partial, results from the injury-
(i) in the case of a weekly paid
adult, a sum equal to seventy-
five per centum, and, in the case
of a weekly paid minor, a sum
equal to eighty per centum, of
the weekly wages of such adult
or minor, as the case may be,
payable on the eighth day from
the date of the incapacity and
thereafter weekly during the
incapacity or during a period of
five years, whichever period is
shorter;
(ii) in the case of a monthly paid
adult, a sum equal to thirty-
seven and a half per centum,
and, in the anse of a monthly-
paid minor, a sum equal to forty
per centum, of the monthly
wages of such adult or minor, as
the case may be, payable on the
sixteenth day from the date of
the incapacity and thereafter
half-monthly during the inca-
pacity or during a period of
five years, whichever period is
shorter.
(2) The period of incapacity shall be deemed
to commence on the day of the accident,





VMONT-
EBRRAT.


12 Workmnen's (Cimpensation. No. 5 of 1957.

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

(4) On the ceasing of the incapacity before
the date on which any weekly or half-monthly
payment falls due, there shall be payable in respect
of that week or half month, as the case may be, a
sum proportionate to the duration of the incapacity
in that period.

9. (1) Where in the opinion of a medical
practitioner a workman's temporary incapacity,
whether total or partial, is such that he requires the
constant assistance of another person during his
incapacity, additional compensation shall be paid
to the workman during such incapacity at a rate
being not more than fifty per centum of the rate
prescribed in section 8.
(2) Before any person is employed to assist a
workman under subsection (1) of this section the
opinion of a medical practitioner shall be sought as
to the nature of the assistance required and the
probable duration thereof.

10. (1) An employer shall be liable to
supply artificial eyes and dental appliancess to a
workman whenever the necessity for such artificial
eyes or dental appliances is the result of an
accident arising out of and in the course of the
employment of the workman by that employer.
(2) Where an accident arisiln out of and in
the course of his employment has caused the loss
of a limb or other mutilation and the supply of
artificial member or members and apparatus
will improve the earning capacity of an injured
workman, such artificial member or members and
apparatus shall be provided at the expense of the
employer and the rate of compensation payable
shall be reduced in proportion to the improvement
in earning capacity resulting from the-use of the
artificial member or members and apparatus,


Additional
compensation
to injured
workman to
defray cost
of assistance
during tnm-
porary inca-
pacity.








Artificial
lilbs and
apparatus.





Io. 5 of 1957, Workmen's Comjnnsation. 13 MONT-
SERRAT.
(3) The court may order an employer to pay
for the replacement or repair of artificial member
or members and apparatus damaged as a result of
an accident arising out of and in the course of a
workman's employment by that employer,
11. (1) For the purposes of section 8 the Method of
wages of a workman shall be calculated as follows:- calculating
wages.
(a) in the case of a weekly-paid work-
man:-
(i) where -the workman has, during
a continuous period of not less
than twelve months immediate-
ly preceding the accident, been
in the service of the employer
who is liable to pay compensa-
tion, the weekly wages of the
workman shall be one fifty-
second of the total wages which
have fallen due for payment to
him by the employer in the last
twelve months of that period;
(ii) in other cases, the weekly wages
shall be seven times the total
wages earned in respect of the
last continuous period of service
immediately preceding the acci-
dent from the employer who is
liable to pay compensation
divided by the number of days
comprising such period;
(b) in the case of a monthly-paid work-
man:-
(i) where the workman has, during
a continuous period of not less
than twelve months immediate-
ly preceding the accident, been
in the service of the employer
who is liable to pay compensa-
tion, the monthly wages of the
workman shall be one twelfth
of the total wages which have
fallen due for payment to him
by the employer in the last
twelve months of that period;





MONT-
SERRAT.


14 Workmen's Compen.at;on. No. 5 of 1957,
(ii) in other cases, the monthly
wages shall be thirty times the
total wages earned in respect of
the last continuous period of
service immediately preceding
the accident from the employer
who is liable to pay compensa-
tion divided by the number of
days comprising such period:
Provided that-
(i) where by reason of the shortness
of the time during which the
workman has been in the
employment of an employer, or
the casual nature of the em-
ployment, or the terms of the
employment, it is impracticable
at the date of the accident to
compute a rate of remuneration
which would be representative
of the workman's average week-
ly or monthly earnings, regard
may be had to the average
weekly or monthly amount
which, d during the twelve months
previous to the accident, was
earned by a person of average
diligence or ability in the same
category employed at the same
work by the same employer, or,
if there is no such person who
was so employed, by such a
person in the same category
employed in the same class of
employment and in the same
district;
(ii) where in any case it seems more
equitable, compensation may be
awarded having regard to the
earnings of the workman at the
time of the accident.
(2) A period of service shall, for the purpose
of this section, be deemed to be continuous which
has not been interrupted by the period of absence
from work exceeding fourteen days.






No. 5 of 1957. Workmen's Compensalion. 15 MONT-
SERRAT.
12. (1) Any weekly or half-monthly pay- RBview
ment payable under this Ordinance either under an of payments.
agreement between the parties or under an order
of a court may be reviewed by a court on the
application either of the employer or of the work-
man if-
(a) where the review takes place more
than six months after the accident, it is claimed
and proved that, had the workman remained
uninjured and continued in the same class of
employment as that in which he was employed
at the date of the accident, his average weekly
or monthly earnings during the twelve months
immediately preceding the review would, as a
result of fluctuations in rates of remuneration,
have been greater or less by more than twenty
per cent. than his average weekly or monthly
earnings during the twelve months previous
to the accident (or, if the weekly or half-
monthly payment has been previously varied
on a review, during the twelve months previous
to that review or the last of such reviews), in
which case the weekly or half-monthly payment
shall be varied so as to make it such as it would
have been if the rates of remuneration obtain-
ing during the twelve months previous to the
review had obtained during the twelve months
previous to the accident;
(b) there has been a change in the
condition of the workman, in which case,
subject to such exceptions as may be provided
by regulations made under this Ordinance,
the application shall be accompanied by the
certificate of a medical practitioner.
(2) Any weekly or half-monthly payment
may, on review under this section, subject to the
other provisions of this (rdiniance, be continued,
increased, decreased or ended, or, if the incapacity
is found to have resulted in permanent incapacity,
be converted to the lump sum to which the work-
man is entitled.
13. An employer shall not be entitled Casesinwhich
employer may
otherwise tha n in pursuance of ar agreement to alter weekly
end or diminish a weekly or half-monthly payment or half-
Smonthly
except in ithe following cases:-- payment.







MONT- 16 Workmen's Compensal on. No. 5 of 1957.
SERHAT.
(1) where a workman in receipt of a weekly
or half-monthly payment in respect of
total incapacity has actually returned to
work;
(2) where the medical practitioner who has
examined the workman under section 18
or, in his absence, any other medical
practitioner has certified that the work-
man has wholly or partially recovered, or
that the incapacity is no longer due in
whole or in part to the accident, and a
copy of the certificate (which shall set
out the grounds of the opinion of the
medical practitioner) together with notice
of the intention of the employer from
the date of the service of the notice to
end the weekly or half-monthly payment,
or to diminish it by such amount as is
stated in the notice, has been served by
the employer upon the workman:
Provided that-
(a) in the last mentioned case, if before
the expiration of ten clear days from the date
of the service of the notice, the workman
sends to the employer the report of another
medical practitioner (which report shall set
out the ground of his opinion) disagreeing
with the certificate so served by the employer,
the weekly or half-monthly payment shall not
be ended or diminished except in acordance
with such report, or, if and so far as the
employer disputes such report, except in ac-
ccordance with the certificate given by a
medical referee in pursuance of section 47;
and
(b) where an application has been made
in pursuance of the said section 47 to refer
the dispute to a medical referee, it shall be
lawful for the employer, pending the
settlement of the dispute, to pay into court-
(i) where the notice was a notice to
end the weekly or half-monthly
payment, the whole of each


I _


_______I







V' (,,,ljwansuf m 17


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

(2) Compensation payable where permanent
incapacity has resulted from an injury shall be
paid into court, and any sum so paid shall be
paid to the person entitled thereto or be invested,
applied or otherwise dealt with for his benefit in
such manner as the court thinks fit.


MOST-
$1ERRAT.


Distribution
of compensa-
tion on death


~


h'o. zi ufl:lr~;







MONT- 18 Workmen's Compensaton. No. 5 of 1957.
SERRAT.
(3) Any other compensation payable under
this Ordinance may be paid into court and,
when so paid in, shall be paid by the court to
the person entitled thereto.
(4) The receipt of the clerk of the court
shall be sufficient discharge in respect of any
amount paid in under the provisions of this
Ordinance.
(5) On the payment in of any money under
subsection (1) of this section the court may deduct
therefrom the actual cost of the burial of the deceased
workman, to an amount not exceeding sixty
dollars, and pay the same to the person by whom
such expenses were incurred, and shall, if it
thinks necessary, cause notice to be published
or to be served on each dependent in such manner
as it thinks fit calling upon the defendants to
appear before it on such date as it may fix for
determining the distribution of the compensation.
If the court is satisfied, after any inquiry which
it may deem necessary, that no dependent exists,
the court shall repay the balance of the money,
after deduction of hospital and other medical
expenses incurred, to the employer by whom it was
paid. The court shall, on application by the
employer, furnish a statement showing in detail
all disbursements made.
Workman (6) Where a weekly or half-monthly payment
aun di is payable under this Ordinance to a workman under
any legal disability, the court may, of its own motion
or on application made to it in this behalf, order
that such weekly or half-monthly payment be paid
during the disability to any dependent of the work-
man or to any other person whom it thinks best
fitted to provide for the welfare of the workman.
Variation (7) Where, on application made to the court
of order. in this behalf or otherwise, the court is satisfied
that, on account of neglect of children on the
part of a parent, or on account of the variation of
the circumstances of any dependent, or for any
other sufficient cause, an order of the court as to
the distribution of any sum paid as compensation,
or as to the manner in which any sum payable to
any such defendant is to be invested, applied or







WVork:merns i'npensatin. 19


otherwise dealt with, ought to be varied, the
court may make such order for the variation of
the former order as it thinks just in the cir-
cumstances of the case:

Provided that no such order prejudicial to
any person shall be made unless such person has
been given an opportunity of showing cause why
the order should not be made, or shall be made
in any case in which it would involve the
repayment by a dependent of any sum already
paid to him.

(8) The solicitor or agent of a person
claiming compensation under this Ordinance
shall not be entitled to recover from him any costs
in respect of such claim, or to claim a lien in respect
of such costs on, or deduct such costs from, the
sum awarded or agreed as compensation, except
in accordance with the order of a court made, subject
to regulations made under this Ordinance, on in
application either by the person claiming com-
pensation or by his solicitor or agent to
determine the amount of the costs to be paid
to the solicitor or agent.


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


CONDITIONS OF COMPENSATION.


16. (1) Proceedings for the recovery under
this Ordinance of compensation for any injury
shall not be maintainable unless:-

(a) written or oral notice of the accident
has been given as soon as practicable after
the happening thereof;

(b) written or oral notice of the accident
has been given before the workman has
voluntarily left the employment in which he
was injured;


EMOAT.
SERRAT.


Deductions
for costs.


Compensation
not to be as-
signed, at-
tached or
charged.


Requirements
as to notice of
accident and
claim for
compensation.


So, 5 of 1957,





MONT- 20 Workmen's Compensation. No. 5 of 1957.
SERRAT.
(c) the claim for compensation with
respect to such accident has been made within
six months from the occurrence of the
accident causing the injury;
(d) in the case of death, the claim for
compensation has been made within six
months after the date of death or within six
months after the date of the accident;
(e) in the case of death occurring more
than six months after the accident causing
injury, a claim for compensation has been
made by the workman within six months
of the accident:

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







iN'. 5 of 1957. Workmen's Compensation. 21 M, NT-
SERRAT.
acknowledgment in writing,
signed by the employer or
his authorized agent, that he
waives compliance with the
provisions of this section and
the said provisions shall be
deemed to be waived to the
extent set out in such
acknowledgment;
(iv) if the employer or his au-
thorized agent admits liability
to pay compensation, it shall
not be necessary for the
workman to give any such
notice, and the claim for
compensation may be made
within three months after the
date of the admission of liability;
(v) the want of a notice shall not
be a bar to the maintenance
of proceedings if the employer
is proved to have had know-
ledge of the accident from any
other source at or about the
time of the accident.
(2) Notice in respect of an injury under this
Ordinance may be given to the employer (or, if
there is more than one employer, to one of such
employers), or to any foreman or other official
under whose supervision the workman is em-
ployed, or to any person designated for the
purpose by the employer, and shall give the name
and address of the person injured, and shall state
in ordinary lalnuage the cause of the injury and
the date at which the accident happened.
(3) The notice, if in writing, may be given
by delivering the same at, or sending it by the
post in a registered letter addressed to, the
residence or place of business of the person to
whom it is to be given.
(4) Where the employer is a body of persons,
corporate or unincorporated, the notice, if in
writing, may also be given by delivering it or by


l'r


-





MONT- 22 WIorkmen's Compensation. No. 5 of 1957.
SERRAT.
sending it by post in a registered letter addressed to
the employer, at the office or, if there be more
than one office, any one of the offices of
such body.

(5) The workman shall, if required by his
employer, supply to him such further particulars
of the accident and of the injury as the employer
may reasonably require.

(6) Any person making a-false declaration,
knowing it to be false, for the purpose of obtain-
ing compensation shall be liable on summary
conviction to a penalty not exceeding one hundred
dollars.

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

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

(2) The workman shall, when required,
attend upon that medical practitioner at the time
and place notified to the workman by the
employer, provided such time and place is
reasonable.
(3) In the event of the workman ii i, in
the opinion of any medical practitioner whatever,
unable or not in a fit state to attend on the
medical practitioner named 1by the employer, that
fact shall be notified to the employer, and the
medical practitioner so naImed shall fix a time and
place for a personal examination of the workman
ull shall enud him notice accordingly,






"No 6 of 1957. Workmnvn's C('ipensation. 23 MONT-
SERRAT.
(4) If the workman refuses or wilfully
neglects to submit himself to such examination,
or in any way wilfully obstructs or unnecessarily
delays such examination, his right to compen-
sation and to take or prosecute any proceedings
under this Ordinance in relation to compensation
shall be suspended until such examination has
taken place.
(5) The workman shall be entitled to have
his own medical practitioner present at such
examination, but at his own expense.
(6) Where the workman is not attended by
a medical practitioner he shall, if so required by
the employer, submit himself for medical treat-
ment by a medical practitioner selected, by the
employer without expense to the workman.
(7) If the workman has refused to submit
himself to treatment by a medical practitioner
when so required under the provisions of subsec-
tion (6) of this section, or having submitted
himself to such treatment has disregarded the
instructions of the medical practitioner, then if it
is thereafter proved that the refusal or disregard
was unreasonable in the circumstances of the case
and th thtthe injury has been aggravated thereby,
the injury and resulting incapacity shall be deemed
to be (,f the same nature and duration as they
might reasonably have been expected to be if the
workman had submitted himself to treatment by,
and duly carried out the instructions of, the
medical practitioner; and compensation, if any,
shall be payable accordingly.
(8) Where a claim for compensation is made
in respect of the death of a workman, then if
the workman had refused or wilfully neglected to
submit himself to examination by a medical
practitioner when so required under the provisions
of this section, or had wilfully obstructed or
unnecessarily delayed the examination, or had
refused to submit himself to treatment by a
medical practitioner when so required under the
provisions of this section, or, having submitted
himself to treatment, had disregarded the instruc-
tions of the medical practitioner, and if it





MONT- 24 Workmen's Compensation. No. 5 of 1957.
SERRAT.
is thereafter proved that the refusal, neglect,
obstruction, delay or disregard was unreasonable
in the circumstances of the case and that death
of the workman was caused thereby, the death
shall not be deemed to have resulted from the
injury and compensation, if any, shall be payable
as if the workman had suffered injury and result-
ing incapacity of the same nature and duration as
might reasonably have been expected to be if the
workman had submitted himself to treatment by,
and duly carried out the instructions of, the medical
practitioner.
Medical ex- 19. Any workman receiving weekly or half-
amination of
workman monthly payments under this Ordinance shall, if
receiving so required by the employer, from time to time
payments. but at reasonable intervals, submit himself for
examination by a medical practitioner provided and
paid by the employer and the provisions of section
18 shall apply to any such examination.
No compensa- 20. Where under this Ordinance a right to
tion payable
for penod of compensation is suspended, no compensation shall
suspension of be payable in respect of the period of suspension.
right.
Agreements 21. (1) The employer and the workman
for payment
ofcompensa- may, after the injury in respect of which the
tion. claim to compensation has arisen, agree in
writing to-
(a) the amount to be paid by the
employer as compensation in respect of the
incapacity of the workman resulting from
that injury;
(b) any other matter under this Ordi-
nance;
and such agreement shall be forwarded to the court
which may within three months cancel it and
make such order (including an order as to any sum
already paid under the agreement) as in the cir-
cumstances may be thought just if it is of the
opinion that-
(i) the sum paid or to be paid was
or is inadequate or excessive; or
(ii) the agreement was obtained by
such fraud, undue influence,
ni.iir(. rci'.l ttion or other im-







o 1orkinen'.s Compensalion. 2.5


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


22. (1) Where atv person (in this section
referred to as ibe principal l "), in the course of or
for the purposes of hii. tide or business, contracts
with any other pi'ron (in this section referred to
as the contractor" ) for the execution by or
under the contractor of the whole or any part of
any work undertaken by the principal, the
principal hall, provided t he notice of the accident
required under section 16 is given to him, be liable
to pay to any workman ,'iln1..red in the execution


Il ('N 'l -
SERRAT.


Sub-contrict.
ing.


No. 5 of oi5-4.





2 6 Torknn's ('o(nipnsabon.


No. 5 or 1957.


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

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


23. (1) If a workman contracts any disease
to which this section applies, and the disease is due
to the nature of the employmIent, and the incapa-
city or death of the workman results from that
disease, compensation shall be payable as if the
disease was a personal injury by accident arising
out of and in the course of that employinenit, and
all the provisions of this Ordinance shall apply
a cordiUnly, subject however to the provisions of
this section.


MONT-
SERRAT.


Compensation
Iior ocrupa-
Uiouial diseases.





No. 5 of 1957. 1Vorkmen's Compensatiln. 27 MoNT-
SERRAT.
(2) For the purpose of calculating the earn-
ings of the workman in a claim for compensation
under this section, the commencement of the
incapacity of the workman, or the date of his death
if there has been no previous period of incapacity,
shall be treated as the date of the happening of the
accident, if he is then employed in any employment
to the nature of which the disease is due, by the
employer from whom the compensation is claimed,
and, if he is not then so employed, the last day on
which he was so employed shall for this purpose be
treated as the date of the happening of the
accident.

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

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

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

(6) Nothnti in this section shall affect the
right of a workman to compensation inj respect of a
disease to whlicb this setion do(r not apply if the
disasae is co(itracrtd a a result of an injury in
respect "bf which he is entitled to compensation
under the other provisions of this Ordinance,





28 ITWorkmen's Complensnatwon.

INSURANCE.


No. 5 of 1957


Compulsory
insurance
against work-
men's com-
pensation
claims.


IONT-
SERRAT.


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

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

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

(2) The Administrator or any person author-
ised by him in that behalf may call for and inspect
any policy of insurance taken out under the pro-
visions of this section.

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

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

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






No. 5 of 1957. W Forkmen's Compensation. 29 MoNT-
SERRAT.
(c) any employment connected with
mining or forestry; and

(d) any employment connected with any
dangerous operation.

(4) The Governor in Council may, if satisfied
that a bond in such sum of money as he may fix
entered into by an employer with sufficient sureties
offers as good a security for the payment of
compensation under this Ordinance, direct that
such bond may be accepted in lieu of the insurance or
contract of indemnity required under subsection (1)
of this section and every, such bond, made in
favour of the Treasurer and deposited with the
Registrar of the Supreme Court shall, for the
purposes of subsection (1) of this section, stand
in lieu of, and have the same effect as such
insurance or contract of indemnity.

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

(6) Every person who acts in contravention
of subsection (1) of this section shall be liable
on summary conviction to a fine not exceeding
two hundred and forty dollars or to imprison-
ment for a term not exceeding three months.

(7) Notwithstanding :an\thingl contained in
any law prescribing the time within
which proceedings may be brought under the
Magistrate's Code of Procedure Act, proceedings Cap. 61.
for an offence under this section may be brought
within a period of six months from the date on
which it first came to the knowledge of the
prosecutor that the offence had been committed,


__


_.__ Y







30 Wor/rkinen's ('Conid'pnation,


No, 0 of 1957.


MONT-
SERRAT.









Conditions
under which
liability for
payment by
insurer arise.


(8) In subsection (3) of this section,
"dangerous operation means an operation
connected with any manufacture, machinery,
plant or process, or any description of manual
labour in factories, workshops or elsewhere which the
Governor in Council may, by notice published in
the .ii(:rtt, declare to be dangerous to life or
limb for the purposes of workmen's compen-
sation.

26. (1) If, after insurance has been
effected or other contract of indemnity entered
into or a bond securing the payment of compen-
sation given pursuant to section 24, an employer
becomes liable to pay compensation to a work-
man or his dependants, then notwithstanding
anything to the contrary in any policy of
insurance contract of indemnity or bond con-
tained, the insurer or person liable to indemnify
the employer or to secure the payment of
compensation under a bond shall pay the
compensation agreed upon or adjudged to be
paid, including Iany sum payable in respect of
costs, in the manner prescribed in section 14.
(2) No sum shall, under the provisions of
this section, be payable by an insurer or person
liable under a contract of indemnity or a bond
given to secure payment of compensation-

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







No. 5 of 1957. Workmen's Compensation. 31 M ONT-
SERRAT.
stayed by the court or pending appeal;

(3) No sum shall, under the provisions of
this section, be payable by an insurer in respect
of a policy of insurance if before the lhppening
of the event which was the cause of death or
personal injury giving rise to the liability, the
policy was cancelled by mutual consent or by
virtue of any provision contained therein.

(4) On the application of an insurer, or
other person liable under a contract of indemnity
or bond to secure the payment of compensation,
the court shall add the insurer or other such
person as a co-defendant, and he shall have the
same right to defend the proceedings as if he
were the employer.

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

26. (1) Every employer to whom section Registration
24 applies shall-- of emplo. ers,

(a) within thirty days after the com-
mencement of this Ordinance in the case of
an employer already in business; or

(b) within thirty days after commenc-
ing business,
make application for registration to the Admin-
istrator on the prescribed form.

(2) The Administrator shall, upon the
receipt by him of an application under
subsection (1) of this section containing the
particulars specified in the prescribed form and
on being satisfied that the particulars are correct,
forthwith register the employer and the particu-







MONT- 32 Wornimen's Cawprnsqtion. No. 5 of 1.'17.
SERRAT.
lars thereof to which the application relates and
he shall issue to the applicant a certificate of
registration on the prescribed form.
(3) Where any change takes place in any
of the particulars registered under subsection (2)
of this section, the employer shall, within thirty
days after the date upon which the change takes
place, make application to the Administrator
for the registration of the change and the
Administrator shall amend the register accord-
ingly and issue to the applicant a certificate
of registration of the change as aforesaid.
(4) The Administrator may take such
steps as he may consider necessary to ascertain
whether the particulars supplied by the employ-
ers who apply for registration are correct.
(5) Any person who fails to comply with
the requirements of this section, or who wilfully
delays or obstructs the Administrator or any
officer appointed by him in the exercise of
any power, duty or function under this section,
shall be liable on summary conviction to a
penalty not exceeding twenty-five dollars.
ALTERNATIVE REMEDIES.
Alternative 27. (1) When the injury was caused by
remedies.
the personal negligence or wilful act of the
employer or of some person for whose act or
default the employer is responsible, nothing in
this Ordinance shall affect any civil liability of
the employer, but in that case the workman may
at his option claim compensation under this
Ordinance, or take proceedings independently of
this Ordinance, but the employer shall not l)e
liable to pay compensation under this Ordinance
and damages. Acceptance of compensation
under this Ordinance shall not operate as a bar
to proceedings independent of this Ordinance un-
less it is proved that the workman being fully
aware of his right to take proceedings indepen-
dent of this Ordinance and of his rights under
subsection (2) of this section elected to accept
compensation under this Ordinance or unless in
the opinion of the Court such bar would other-
wise cause undue hardship to the workman.






No, 5 of 1 l5 Workmen's Compen/saton 33 MO T-
SERUAT.
(2) if, within the time limited in this
Ordinance for taking proceedings, an action is
brought to recover damages independently of
this Ordinance for injury caused by an accident,
and it is determined in such action or on appeal
that the injury is one for which the employer is
not liable in such action, but that he would have
been liable to pay compensation under the
provisions of this Ordinance, the action shall be
dismissed; but the court in which the action is
tried, or, if the determination is the determina-
tion on an appeal (by either party) by an
appellate tribunal, that tribunal, shall, if the
plaintiff so choose, proceed to assess such
compensation, but may deduct from such com-
pensation all or part of the costs which, in its
judgment, have been caused by the plaintiff
bringing the action instead of proceeding under
this Ordinance:
Provided that the said court or the appellate
tribunal may, instead of itself assessing such com-
pensation, remit the case to the magistrate for
the assessment of the compensation, and in such
case may order the magistrate to deduct from
the amount of compensation assessed by him all
or part of such costs as aforesaid.
(3) In any proceedings under subsection (2)
of this section, when the court or appellate
tribunal assesses the compensation, it shall give
a certificate of the compensation it has awarded
and the directions it has given as to the
deduction of costs. and such certificate shall have
the force and effect of, and shall be registered
as, an agreement under this Ordinance.
28. Where the injury for which compen- Remedies
station is payable under this Ordinance was nloye.s d
caused under circumstances creating a legal trauger.
liability in some person other than the employer
to pay damages in respect thereof-
(a) the workman may take proceedings
both against that person to recover damages
and against any person liable to pay
compensation under this Ordinance but
shall not be entitled to recover both damages
and compensation; and

". '4.







34 Workmen's Compensation.


MONT-
SERRAT.


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

INSOLVENCY OR BANKRUPTCY OF
EMPLOYER.

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


Provisions as
to cases of
insolvency or
bankruptcy of
employer,


No. 15 of 190"1.







No. 5 of 1951. Wlork'men's Conionsatilion. 3:. MoNr-
SERRAT.
bankruptcy or liquidation, or, as the case may /
be, he may recover the balance from the
receiver or manager.
(3) There shall be included among the
debts which-
(a) under section 38 of the Bankruptcy
Act are, in the distribution of the property Cap. 1.
or assets of a bankrupt, to be paid in
priority to all other debts; and
(b) under section 195 of the Companies
Act are in the winding up of a company to Cap. 140.
be paid in priority to all other debts,
the amount due in respect of any compensation
or liability for compensation accrued before, the
following date, that is to say:-
(i) in the first case the date of the
receiving order; and
(ii) in the second case the date of the
commencement of the winding up
of the company.
For the purposes of this provision where the Lump sum in
compensation is a weekly or half-monthly pay- lieu of
ment, the amount due in respect thereof shall, paym
failing agreement between the two parties, be a
lump sum to be fixed by the court.
(4) The provisions of this section with No priority if
respect to preferences and priorities shall not insured.
apply where the insolvent or bankrupt or the
company has entered into such a contract with
insurers as aforesaid.
(5) This section shall not apply where a voluntary
company is wound up voluntarily merely for the liquidation,
purposes of reconstruction or of amalgamation
with another company.
30. (1) If the employer becomes insolvent Employer
and is ordered to pay compensation under this liable for
compensation
Ordinance, he shall, if requested, disclose todisclose
whether he is insured 'against personal injury to insurer.
or death of the workman employed by him and,
if so insured, the name and address of the
insurer and the amount for which he is insured,








MONT-
SERRAT.


36 Workmn',s 'Comensation, No. 5 of 1957.

(2) When the insurer indemnifies an em-
ployer against liability to pay compensation and
has used or uses that employer's name or has
acted on his behalf in any proceedings under
this Ordinance, that insurer, shall be bound by
the decision given upon those proceedings in the
same manner and to the same extent as the
employer and the insurer shall indemnify the
employer accordingly:
Provided that the liability of the insurer
shall be limited by the terms and conditions
of the policy of insurance subsisting between
him and the employer.
APPLICATION TO SPECIAL CLASSES
OF PERSONS.
81. (1) The provisions of this Ordinance shall
apply to a workman in the employment of the
Crown where in consequence of injury received
by any such workman in the discharge of his
duties either (a) no pension or gratuity is pla;-
able to him or, in case of death, to his dependants,
or (b) a pension or gratuity is so payable but is
less than the compensation payable under this
Ordinance in which case the compensation under
this Ordinance shall be payable only to the
extent of the difference between such pension or
gratuity and the c(oiilnpen.ation otherwise payable
under this Ordinance.
(2) In this section the references to pension
or gratuity shall be construed as meaning a pen-
sion or gratuity which is payable under any law
relating to pensions in a case of injury received
or death occurring in the discharge of duty in
the service of' the Government of the Colony as
defined in such law and which would not he
payable if the injury were received or the death
occurred otherwise.

32. (1) In the application of this Ordi-
nance to workmen in the employment of a local
authority, the exercise and performance by it of
its powers and duties conferred and imposed by
law, or,.by-law or regulation shall be regarded
as the trade, business or undertaking of that
authority.


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




















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







.\6-5 of 1957.


Ilorknien's( Cinflp/ensatiodl. 37


(2) The provisions of the last preceding
section shall, mutatis mutandis, apply in respect
of a workman in the employment of any local
authority where provision exists by law or
iy-taw or regulation for the grant of a pension
or gratuity to such workman in the case of an
injury received by him in the discharge of his
duties, or to any other person in the event of the
workman's death resulting from that injury.
33. (1) This Ordinance shall apply to
masters, seamen, and apprentices to the sea
service, provided that such persons are workmen
within the meaning of this Ordinance, and are
members of the crew of any ship registered in
the Colony, or of any other British ship or
vessel of which the owner, or (if there is more
than one owner) the managing owner, or m:ana-
ger resides or has his principal place of business
in the Colony, subject to the following
modifications:--
(a) the notice of accident and the
claim for compensation may, except where
the personI injured is the master, be given
to the master of the ship as if he were the
employer, but where the accident happened
and the incapacity commenced on board the
ship it shall not le necessary to give any
notice of the accident;
(b) in the case of the death of the
master, seaman or apprentice, the applica-
tion for compensation shall be made within
six months after news of the death has been
received by the claimant;

(c,) where the injured master, seaman
or apprentice is discharged or left behind in
a British possession or in a foreign country,
depositions respecting the circumstances
and nature of the injury may be taken by
any Judge or magistrate in the British
possession, and by any British consular
officer in the foreign country, and if so
taken shall be transmitted by the person by
whom they were taken to the Governor, and
such depositions or certified copies thereof


MOST-
SERRAT.


Application to
persons emn-
ployod on
ships.







MONT- 38 W orkmen's Compensation. No. 5 of 1957.
SERRAT.
shall in any proceedings for enforcing the
claim he admissable in evidence as provided
in sections 691 and 695 of tile lMecchant
Shipping Act, 1; 1, and those sections shall
57 & 58 Vict.
c. 60. apply accordingly:
(d) in the case of the death of a
master, seaman or apprentice leaving no
dependants, no compensation shall be paya-
ble, if the owner of the ship is under the
Merchant Shipping Act, 1894, liable to pay
expenses of burial:
(() the weekly or half-monthly pay-
ment shall not be payable in respect of the
period during which the owner of the ship
is, under any law in force for the time being
in the Colony relating to merchant
shipping, liable to defray the expenses of
maintenance of the injured master or seaman
or apprentice;
(f) any sum payable by way of
compensation by the owner of the ship under
this Ordinance shall he paid in full notwith-
standing anything in section 503 of the
Merchant Shipping Act, 1894, (which
relates to the limitations of shipowner's
liability in certain cases of loss of life,
injury or damage), but the limitation of the
owner's liability imposed by that section
shall.apply to the amount recoverable by
way of indemnity under section 28 (relating
to remedies both against employer ard
stranger) as if the indemnity were damages
for loss of life or personal injury;
(q) subsections (2) and (3) of section
174 of the Merchant Shipping Act, 18~4,
(which relates to the recovery of wages of
seamen lost with their ship) shall apply as
respects proceedings for the recovery of
compensation by depen(ants of masters,
seamen and apprentices lost with their ship
as they apply w ith respect to proceeding's
for the recovery of w; ges due to seamen
and apprentices; and proceedings for the
recovery of compensation shall in such a
case be maiTtainable if the application is
Made w ithin ,18 months of the date at which


L I L


L_ _i ) __ I__







No. 5 of 1957. Workmen s ((,Cpensation 39 Moi NT-
the ship is deemed to have been lost with SELRAT.
all hands.
(2) This Ordinance shall also apply to any
person not being a master, seaman or apprentice
To the sea service, employed on board any such
ship as is mentioned in this section, if he is so
employed for the purposes of the ship or of any
passengers or cargo or mails carried by the ship,
and if he is otherwise a workman within the Detentionof
mte..inu, of this Ordinance. ships.
34. (1) If it is alleged that the owners of
any ship are liable as such owners to pay compen-
sation under this Ordinance, and at any time that
. hip is found in any port of the Colony, or
within three miles of the coast thereof, a J judge of
the Supreme Court may, upon its being shown to,
himn by any person applying in accordance with the
rnlp, of court that the owners are probably able as
such to pay such compensation, and that none of
the owners reside in the Colony, issue an order
directed to any officer of customs or other officer
named by the Judge requiring him to detain the
ship until such time as the owners, agent, master,
or consignee thereof have paid such compensation,
or have given security, to be approved by the J3 dge,
t ) abide the event of tny proceedings that may be
instituted to recover such compensation and to pay
such compensation and costs as may be awarded
thereon; and any officer of customs or other officer
to whom the order is directed shall detain the ship
accordingly.
(2) In any legal proceeding to recover such
compensation, the person giving security shall be
made defendant, and the production of the order of
the liudg,, rmde in relation to the security, shall
be conclusive evidence of the liability of the
defend Int to the proceeding.
(;) Where a complaint is made to the
Governor that before an application can be made
under this section the ship in respect of which the
application is to be made will have departed from
the limits within which shl crm, be arrested, the
ship shall, if the Governor so directs, be detained
for such time as will allow the application to be
made and the r,--ult thereof to be communicated to
the officer detaining the ship, and that officer shall
not be liable for any costs or damages in respect of








40 Workmen's (, mnpenation.


"""o1V. the detention, if made in accordance with the
directions of the Governor.
(4) Section 692 of the Merchant Shipping
57 & 58 vict. Act, 1894, shall apply to the detention of a ship
e. Co. under this Ordinance as it applies to the detention
of a ship under that Act, and, if the owner of a
ship is a corporation, it shall for the purposes of this
section be deemed to reside in the Colony if it
has an office in the Colony at which service of
writs can be effected.
(5) Where a ship has been demised to
charterers, the provisions of this section shall apply
to claims against the charterers of the ship as they
apply to claims against the owners of a ship with
the substitution of charterers for owners:
Provided that no ship shall be detained on a
claim against the charterers of the ship after the
expiration of the term for which the ship is
demised to them.
PROCEDURE.


Workman's
right to apply
for compen-
sation if no
amount
agreed in four
weeks.


All claims to
be determined
by magis-
trate.


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


M~jONT-


No. 5i of1957.







No. of 1057. Wornwen's Compensation. 41 MONt-
SERUAT.
accidents occurring in any area specified in the
order.

(2) (i) The court may, subject to regulations Reference l)v
made under this Ordinance, submit court to medi-
Ical r eferee.
to a medical referee for report any
matter of a medical character which
seems material to any question
arising in the course of the proceed-
ings before the court;
(ii) when the court has decided to refer
a matter to a medical referee by
virtue of the provisions of paragraph
(i) of this subsection, the court
shall fix the time within which the
parties may come to an agreement as
to the choice of a medical referee,
and failing such agreement, the
court shall refer the matter to a
medical referee chosen by the court;
(iii) a medical referee to whom any such
reference is made shall, in accordance
with regulations made under this
Ordinance, give a certificate of his
findings and such certificate shall be
conclusive evidence as to the matters
so certified;
(iv) regulations may he made by the
Governor in Council for prescribing
the duties of the medical referee in
cases of reference made under this
subsection and the forms to be used.
(3) No application for the settlement of any
matter by the court shall le -made unless and until
some question tis arisen between the parties in
connection therewith which they have been unable
to settle by agreement.
37. (1) A workman or an employer (here- Application
for compen-
inafter called the applicant ') who desires the station to be
determination of an'y qju'fltion aSrising out of an lodged with
Sclerk of court
accident in which ',,rinpeTnsiti(don i:, or might be accompanied
claimed shall iodg with the clerk of the magistrate's ',y particu-
court a written application in the prescribed form.-
;ccomnpn.ied by particulars c,,lnt;ininr--







42 JIorkinen'. (J:fl]cJ(tmn.


(a) a concise statement of the circum-
stainc,4- (1(Ier which the application is made
anl the relief or order which the applicant
claims, or the question which he desires to
have determined;

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


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

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

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


VONT-
SERRAT.


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


NVo. P r f I 5 7







V orimnen's Compensation. 43


(2) If the respondent intends to oppose
an application he shall, within seven days after
service of notice, or within such extended
period as the magistrate may upon special
request allow, lodge with the clerk of the court
written answer containing a concise statement
of the extent and grounds of his opposition.

(3) The magistrate may, at any time
before the determination of the question in
dispute and upon such terms as to adjournment
or as to costs as he deems just, allow an
application, or any particulars or statement
accompanying the same, or any answer thereto,
to be amended. Any such amendment shall be
lodged with the clerk of the court who shall
forthwith cause it to be served upon the
opposite party.

39. Save as is specially provided in this
Ordinance a magistrate's court shall, upon or
in connection with any question to be deter-
mined thereunder, have all the powers and
jurisdictions exercisable and be subject to all
the duties and obligations to be performed by
a magistrate's court of the district in or in
connection with civil actions in such court, and
the law, rules and practice in such civil actions
shall mutatis mutandis apply; and any order
made by a magistrate under this Ordinance
may te enforced as if it were a judgment or
order of the court.

40. (1) If the workman at the hearing
of an application be incapacitated by reason of
the injury int respect of which the application
is made and if further it be uncertain whether
the incapacity is temporary or permanent, or
if permanent, whether it is partial or total, the
magistrate may, if he is satisfied that the
workman is entitled to compensation in the
event of the incapacity being permanent,
adjourn the hearing for a period or periods not
exceeding twelve months in all, reckoned
from the date of the accident causing the
inju and may make an interim order that
the employer shall, in the meantime, pay such


SERRAT.


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











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


No.'o 5 of f957.i







MONT- t4 W'orkmen',s C(enppensation. No. 5 of 1 I.1:7.
SERRAT.
compensation to the workman as is provided
by this Ordinance in the case of temporary
incapacity for work or permanent partial
incapacity for work, as the case may be.

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

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

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

Provided that from the following orders of a
magistrate, namely:--
(a) an order awarding as compensation
1 lump sum, or disallowing a claim in
full or in part for a lump sum;







No. 5 of 1957. Workmen's Coipensation 45 MO~ T-
SERRAT.
(b) an order providing for the distribu-
tion of compensation among the dependants
of a deceased workman, or disallowing
any claim of a person alleging himself
to be such a; dependent;
(c) an order allowing or disallowing
any claim for the amount of an indemnity
under the provisions of subsection (2) of
section 22; or
(d) an order refusing to register a
memorandum of agreement or registering
the same or providing for the registration of
the same subject to conditions,
no appeal shall lie against any such order unless
the amount in dispute in the appeal is more than
two hundred and forty dollars.

(2) Notwithstanding anything herein con-
tained, no appeal shall lie in any case in which
the parties have agreed to altide by the decision
of the magistrate, or in which the order of the
magistrate gives effect to an agreement come to
by the parties.
43. Save as provided in section 44 the Provisions of
provisions of the Magistrate's Code of Procedure CMgistrante
Act for the time being in force relating to cedure Avt to
special cases and to appeals in civil proceedings apply to spe-
from a magistrate to :a Judge of the Supreme appeals.
Court shall apply to and govern any special
case submitted to the Judge under section 41, Cap. Gl.
and, subject to the provisions of subsections (1)
and (2) of section 42, any appeal to a Jludge of the
Supreme Court under this Ordina lce.
44. Notwithstanding tle provisions of sec- Decisions of
tion 196 of the Magistrate's Code of Procedure J"ie of Sl-
preme, Court
Act the decision f ta ,ludge of the Supreme inspecial casw
Court in any special case submitted to him or in and appeals to
be final.
any appeal under this Ordinance shall be final. Cau. 6.

MISCELLANEOUS.
45. Any provision in a contract Of' Cimploy- No right to
ncent existing' at the conmirlncement of this contract out
,,7 *of Ordinanrce.
Ordinance, or thereafter entered into, whereby a
workman or his defendants relinquish any right to
compensation under this Ordinance or to damages







MONT-
SEBRAT,




Appointment
and remunera-
tion of medi-
cal referee.



























Application for
r ferenc to
medical
referee.


46 Workmen' oOipensatw.


independently of this Ordinance for personal iijurv
arising out of or in the course of his employmennt,
whether for the workman or for any defendants
shall be null and void.
46. (1) The Governor may appoint any
medical practitioner to be a medical referee for the
purpose of this Ordinance and may revoke any
such appointment at any time.
(2) Any appointment made under the pre-
ceding subsection, or any revocation of any such
appointment, shall take effect on the date of its
publication in the Gazette.
(3) The remuneration of, and other expenses
incurred by, medical referees under this Ordinance
shall, subject to regulations iliade under this
Ordinance and except so far as they are defrayed
by fees received from the parties under this
Ordinance, be paid out of moneys provided by the
Legislative Council.
(4) Where a medical referee has been em-
ployed as a medical practitioner in connection with
any case by or on behalf of an employer or work-
man or by any insurers interested, he shall not act
as medical referee in that case.
(5) The number of medical referees appointed
by the Governor shall be at least three at any
time:
Provided that the reduction, below three,
of the number of medical referees shall not
invalidate any reference to, or any certificate given
by, a medical referee.
47. (1) Where a workman has submitted
himself for examination by a medical practitioner,
or has been examined by a medical practitioner
selected by himself, and the employer or the
workman, as the case may be, has within six days
after such examination furnished the other with a
copy of the report of that practitioner as to the
workman's condition, then, in the event of no
agreement being come to between the employer and
the workman us to the workman's condition or
fitness for employment, a magistrate, on application
being made to him by one or both parties, may
refer the matter to a medical referee.


I


No. 5, of P.4t17







No. 5 of 1957. iWorkmen's Compensation. 47 MIrT-
SERRAT.
(2) In the case of an application made by
both parties under the provisions of the preceding
subsection, the magistrate shall refer the matter to
a medical referee chosen by both parties, but, if
such parties cannot agree on the choice of a
medical referee within such time as may be fixed
by the magistrate, the magistrate shall refer the
matter to a medical referee chosen by him.
(3) The medical referee to whom the matter
is so referred shall, in accordance with regulations
made under this Ordinance, give a certificate as to
the condition of the workman and his fitness for
employment, lpeif ; i,,. where necessary, the kind
of employment for which he is fit, and that
certificate shall be conclusive evidence as to the
matters so certified.
(4) Where no agreement can be come to
between the employer and the workman as to
whether or to what extent the incapacity of the
workman is due to the accident, the provisions of
this section shall, subject to any regulations made
under this Ordinance, apply as if the question were
a question as to the condition of the workman.
(5) If a workman, on being required so to do,
refuses to submit hini-elf for examination by a
medical referee to whom the matter has been so
referred as aforesaid, or in any way obstructs the
same, his right to compensation and to take or
prosecute mny proceeding under this Ordinance in
relation to compensation, or, in. the case of a
workman in receipt of a, weekly or half-monthly
payment under this Ordinance, his right to that
weekly .or half-monthly payment shall be suspended
until such examination has taken place.
48. Every employer in any industry to Employers to
which the Governor lmay direct that this section maIk returns
of injuries.
shall apply and every insurance company shall, on
or before such day in every year as the Governor
may direct, send to the Administrator a
correct return specifying: tlhe number of injuries in
respect of which compensation has been paid by
such employer or insurance company, as the case
may be, under this Ordinance during the previous
year, and the amount of such compensation







MO T- 48 WorKnen', Compen uaion. No. 5 of 1 957.
SERRAT,
together with such other )prticulars as to the com-
pensation as the Governor may direct and in default
of complying with this section iany such employer
or insurance company shall be liable (,n summary
conviction to a penalty not exceeding fifty dollars.

Display of 49. (1) There shall be displayed at or near
notice, every mine, quarry, factory or workshop a notice
containing such abstract of this Ordinance and the
regulations made thereunder as may be prescribed
by the Administrator.

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

Regulations. 50. The Governor in Council shall have
power to make regulations for-

(a) prescribing the procedure and forms
in respect of matters to be done under this
Ordinance;

(b) matters which are specifically
mentioned in this Ordinance as being matters
which may be prescribed by regulation; and

(c) generally for carrying out the
objects and provisions of this Ordinance.

Enforcement. 51. The Administrator may institute or
cause to be instituted any prosecution for the
purpose of enforcing any of the provisions of
sections 26, 48 and 49 and any officer appointed
for the purpose by the Administrator may appear
as prosecutor on his behalf.

Revocation of 52. The declaration embodied in section 2
declaration of the Workmen's Comrpensation (G-eneral
and repeal.
9/1937. Legislative Competency) Ordinance, 1937, is
hereby revoked and the Acts and Ordinance se:
out in the Second Schednle are hereby repealed.







No. 5 of 1957.


Workmen's Compensation.


49


53. This Ordinance shall come into
operation on a day to be appointed by the
Governor by proclamation published in the
Gazette, but shall not apply in any case where the
accident happen I before the commencement of
this Ordinance.
A. F. DAWKINS,
President.

Passed the Legislative Council this 11th
day of January, 1957.
.Is. H. CARROT,
Clerk of the Council.


FIRST SCHEDULE. SEc

Injury

Loss of two limbs
Loss of both hands or of all fingers and thumbs
Total loss of sight
Total :u.ral\ ii
Injuries resulting in being bedridden permanently
Any olher injury causing permanent total disablement
Loss of remaining eye by one-eyed workman
Loss of remaining arm by one-armed workman
Loss of remaining leg by ..ri-l-,i- -1 workman
Loss of arm at shoulder
Loss of arm above elbow ...
Loss of arm below elbow ...
Loss of hand at wrist ...
Loss of four fingers and thumb on one hand ...
SLoss of four fingers ...
Loss of thumb-both phalanges ...
one phalanx ......
Loss of index finger-three phalanges
two phalanges ...
one phalanx ...
Loss of middle finger-three phalanges ...
two phalanges
one phalanx ...
Loss of ring finger-three phalanges ...
two 1lh il..-' S..
one phalanx ...
Loss of little finger-three phalanges ...
two phalanges ...
one phalanx ...
Loss of metacarpals-first or second (additional) ...
third, fourth or fifth (additional)
Loss of leg-at hip joint ...
above knee ...
at knee ...


TION 8(1)(c)(i).
Degree of
Disablement
per centum.




100


80
70
60
60
60
45
35
15
15
10
8
8
4
2
8
4
2
5
3
2
5
5
75
70
70


MONT-
SERRAT.
Colmmence-
ment and
saving.







MONT-
SERRAT.


50 Workmen's Compensation.

SCIHEDULE-(contd.)


N,


Injury.

below knee ...
at ankle ....
Loss of foot-at ankle...
above the junction of the foot with toes
Loss of toes-all
great, both phalanges ...
great, one phalanx ...
other than great, if more than one toe lost
Loss of eye-eye out
sight of ...
lens of
sight of, except perception of light
Loss of hearing-both ears ......
ne ear ......


o. 5 of 1957.


Degree of
Disablement
per centoum.
60
40
40
35
35
15
15
each 3
40
40
30
40
70
20


Total permanent loss of use of member shall be treated as
loss of member.
The percentage of incapacity for :nkylosis of any joint
shall be reckoned as from 25 to 100 per cent., of the incapacity
for loss of the use of that member, according to whether the
joint is ankylosed in a favourable or unfavourable position.
In the case of a right-handed workman, an injury to the
left arm or hand and, in the case of a left-handed workman, to
the right arm or hand shall be rated at ninety per centum of
tiie above percentages.
Where there is a loss of two or more parts of the hand,
the percentage of incaplacity shall not be more than for the
whole hand.
A one-eyed workman who on entering employment has
failed to disclose thbt, fact to his employer shall, if he loses
his remaining eye, be entitled to compensation in respect of
a degree of disablement of forty per centum only.
For the purposes of this Schedule, a one-eyed workman
means a workman who has lost the sight of one eye.

SECOND SCHEDULE (Section 52)
No. & year Short Title
9/1939 The Workmen's Compensation (General Legislative Compe
tency) Ordinance, 1937.
11/1937 The Workmen's C(ompensation Act, 1937.
811939 The Workmen's Compensation (Amendment) Act, 1939.
16/1941 The Workmen's Compensation (Amendment) Act, 1941.

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


47/00360-.520)-2.57,7


[Privce 6;0 Cents.]






No.. 14 of 1956. General Local Loan VIRGIN
ISLANDS.
[L.S.]
I ASSENT,
P. D. MACDONALD,
Acting Governor.
12th December, 1956.



VIRGIN ISLANDS.

No. 14 of 1956.

An Ordinance to declare the terms and conditions
applicable to Local Loans authorised to be
raised by the issue of debentures.
[12th December, 1956] Commence-
ment.
ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may be cited as the short title.
General Local Loan Ordinance, 1956.

2. In this Ordinance, unless the context Interpreta-
otherwise requires- tion.
"prescribed" means prescribed by this
Ordinance or by any rules or regu-
lations made thereunder.

"Treasurer" means the officer for the
time being performing the duties
of the Treasurer of the Colony.

3. This Ordinance shall be applicable only to Scope.
loans raised locally in the Colony.

4. Whenever by an Ordinance authority Loans to be
shall have been given to the Governor to raise any raised by de-
sum of money for the purposes mentioned in such
Ordinance, the Governor may from time to time,
as he may deem expedient{ raise such sum or any
part thereof by debentures issued under the provis-
ions of this Ordinance.







2 G;'elfr(d4Lcal Loan No. l(of


VIRGIN
ISLANDS.
Loans to be a
charge upon
general rev-
enue.


Borrowing 6. Such debentures shall be issued in the
upon deben- Colony upon the best and most favourable terms
that can be obtained and shall be signed by the
Governor and Treasurer or by any other person or
persons thereto specially authorized by the
Governor.


Amount of
each deben-
ture.


Debentures
may be either
fixed date or
drawing
debentures.















Debentures
to be regis-
tered and
transferable
by instrument
in writing.






Register to
be conclusive
evidence of
facts entered
therein.


5. The principal monies and interest repre-
sented by such debentures are hereby charged
upon and shall be payable out of the general
revenues and assets of the Colony.


7. Each debenture may be fora sum of one
hundred dollars, two hundred dollars, five hundred
dollars, one thousand dollars, or five thousand
dollars.

8. The debentmres shall be redeemable
either-
(a) at par on a fixed date to be declared
on the issue of the debentures, such date not
being later than sixty years from the date of
issue: Provided that the Governor may reserve
the option to redeem the debentures prior to
such date on such conditions as may be
declared at the time of issue (such debentures
being hereinafter referred to as fixed-date
debentures); or
(b) by annual drawings at par or at the
option of the Governor by purchase in the
market as hereinafter provided (such deben-
tures being horeindfter referred to as drawing
deben ures).
9. Every debenture shall before being issued
be registered by the Treasurer in a register to be
kept for that purpose at the office of the Treasurer,
and the name and address of the holder of each
debenture and all transfers of debentures shall be
not-ed in t:ei register. Debentures shall be transfer-
able by instrument in writing in, such form and
subject to such conditions as may be prescribed by
the Governor.

10. (1) The entries in the registers kept
under the provisions of this O)rdinance shall be
conclusive evidence of tl facts, matters, particulars
and transaction to which these entries relate.


No., t4 of 1, :X,.







No. 14 of 195(i. (eneral Local Loan 3 VIRGIN
ISLANDS.
(2) A copy of an entry in the register certified
under the hand of the Treasurer to be a true copy
of the original entry shall be receivable in evidence
in any judicial proceedings unless a Judge of the
Supreme Court shall otherwise direct.

11. Debentures shall be in such form as the Form of de-
Governor may direct or approve. venture.

12. The interest upon the principal repre- Payment of
sen:ed by each debenture shall run from the day interRst,
named in that behalf in the debenture, and shall be
payable half-yearly on the days named in that
behalf in the debenture at the office of the
Treasurer in such manner as may be prescribed by
the Governor.

13. (1) So long as any of the debentures Mode of pro-
remain outstanding the Governor shall, in each hiding for
payment of
half-vear ending with the day on which the interest interest on
on the debenture falls due, appropriate out of the ebenture
general revenues and assets of the Colony a sum tion to sink-
equal to one half-year's interest on the whole of the ing fund.
debentures issued, including any which may have
been redeemed.

(2) The Governor shall also in the half-year
ending on the date specified in the terms of issue of
the loan as that on which the first contribution to
the sinking fund shall bp taken and in each subse-
quent half-year appropriate out of the said revenues
and assets (f the Colony, for the formation of a
sinking fund, an additional sum equal to one-half
of the annual contribution to be decided upon by
the Governor on the issue of the loan. Such con-
tribution -halll be in respect of the total nominal
amount of all the debentures issued, including any
which niay have been redeemed.

(3) Debentures shall not be deemed to be
outstanding for the purposes of this Ordinance by
reason only that one or more of the debentures
have not been presented for payment on the day
appointed for payment and have, in consequence,
not been paid.







VIRGIN
ISLANDS.
Creation of
sinking fund
f<.r redemp-
tion of deben-
tures payable
on a fixed
date.



























Disposal of
sinking fund
when deben-
tures are
redeemed by
purchase of
annual
drawings.


Appointment
of day for
drawing
debentures.


4 generall Local Loan No. 14 of 1956.

14. In the case of fixed-date debentures so
much of the monies appropriated as aforesaid as
shall not be required for the immediate payment
of interest shall be remitted to the Crown Agents
for the formation of a sinking fund and the Crown
Agents shall place at interest or invest the money
so remitted to them in the purchase of such
securities as may be approved by the Secretary of
State as a sinking fund for the final extinction of
the debt and shall also place at interest or invest
the dividends interest or produce of such invest-
ments in the purchase of like securities and may
from time to time with the approval of the Secre-
tarv of State change any such investments and
shall hold such fund in trust for the repayments
of the principal monies for the time being
represented by the debentures: Provided that if at
any time the trustees of the sinking fund are
satisfied that the value of the fund will be sufficient
with further accumulations of interest, but without
further payments of contributions to enable the
debentures to be redeemed out of the proceeds of
the sinking fund when the same shall fall due to
be redeemed, the (Governor may with the appr.,val
of the Secretary of State suspend further payment
of contributions to the said sinking fund: Provided
further that contributions to the sinking fund shall
be recommended if the trustees shall at any time
inform the Governor that it is necessary.
15. In the case of drawing debentures so
much of the monies appropriated as aforesaid as
shall not be required for the immediate payment
of interest and the accumulations thereon shall be
held by the Treasurer in trust to apply them to
Sthe purchase of the debentures when they can be
obtained nt a price not exceeding par and secondly
to the redemption of the debentures by means of
annual drawings in the manner following:-


(a) after ihe conmmencement of the con-
tributions to the sinking find in respect of
any loan, and so long thereafter as any of the
debentures remain outstanding, the Governor
shall, in every year, unless the whole of the
money applicable in that year to the redemp-
tion of debentures has been applied in the






No. 14 of 1956. General Local Loan 5 VIRGIN
ISLANDS.
purchase thereof, appoint a day in that year
for the drawing by lot of the debentures
to be redeemed;

(b) if a day is appointed for drawing, Notice of time
the Treasurer shall give by advertisement in and place
appointed for
the Gazette and in at least one of the local drawing.
newspapers, (if any,) circulating in the
Colony, and also 1y posting public notices in
the Colony, not less than fifteen days'
previous notice, specifying the day on which,
and the hour and the place at which, the
drawing will take place;

(c) on the day and at the hour and place Mode of
so specified the Governor and the Treasurer drawing.
or any other officers appointed by the
Governor for the purpose shall hold a meeting
at which the holder of any debenture may if
he this fit, be present, and shall then in the
pre ence of such debenture holders as may
attend draw by lot, out of the whole number
of debentures for the time being outstanding,
debentures of the specified nominal amount;

(d) the Governor and the Treasurer, or Notice of de-
any other office rs appointed as aforesaid, shall bontures
drawn for
thereupon declare the distinguishing numbers redemption.
of the debentures drawn for redemption, and
the Treasurer, shall, as soon as may be, by
advertisement in the Gazette and at least one
of the local newspapers (if any,) circulating
in the Colony, specify those numbers and
appoint a day, not being later as to each
debenture than the day on which the then
current half-year's interest thereon is payable,
on which the principal monies represented by
the debentures so distinguished will be repaid.
Notice of the debentures drawn for redemp-
tion shall also be sent by post to the
registered holders of such debentures;

(e) from and after the day so appointed Payment of
the Treasurer shall at his office, pay on drawn deben-
demand to the holders of the debentures tures.







VIRGIN
ISLANDS.


6 General Local Loan No. 14 of 1956.

drawn for payment the principal monies
represented by these debentures, with all
interest payable thereon up to the appointed
day.


Cessation of 16. From and after the day appointed for
interest from the repayment of any debenture, whether a fixed-
day appointed 1
for payment date or a drawing debenture, all interest on the
of principal. principal monies represented thereby shall cease
and determine, whether payment of the principal
shall have been demanded or not.

Redeemed 17. Upon repayment of the principal monies
debentures to represented by any debentures, such debentures
be cancelled. ,
shall be delivered up to the Treasurer to he by
him cancelled and retained. Any drawing deben-
ture redeemed by purchase shall likewise he so
cancelled and retained.

Expenses of 18. All expenses of or incidental to the
redemption to redemption of the debentures and the co.ts and
be borne by
sinking Fund expenses of all notices required by this Ordinance
to be given may be paid out of the sinking fund.

G. P. ALLSEBROOK,
President.

Passed the Legislative Council the 20th day
of November, 1956.

H. 0. CREQUE,
Clerk of the Council.









kNTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN., Government Printer. By Authority.
1957.


47/00455_570--2.57.


[Price 9 cents.]









ANTIG UA.

STATUTORY RULES AND ORDERS.
1956, No. 51,


THE FREEMANVILLE EXTENSION SCHEME, MADE BY THE
CENTRAL AUTHORITY AND APPROVED BY' THE GOVERNOR
IN COUNCIL UNDER SECTION 6 OF THE TOWN AND COUNTRY
PLANNING ORDINANCE, 1948 (No, 4 oF 1948).


1. Designation of Scheme. The Scheme set out
hereunder shall be designated the Freemanville Extension
Scheme.
2. Area of Scheme. The provision of the scheme
shall apply to all that area of land comprising of 20.550 acres
delineated and defined on a map or plan prepared by
C. A. S. Hallpike, Licensed Surveyor, on the 19th October,
1953, which said land was formerly part of Belvue and is
bounded as follows that is to say on the North by Freeman's
Estate, on the East by the Public Road, on the West by
Freemanville and on the South by the Public Road.
3. Object of Scheme. To provide plots to relieve
congestion of villages.
4. Development of Land. Save as may be
permitted by the terms of an order made under the provisions
of section 22 (1) of the Town and Country Planning Ordinance
1948 (No. 4 of 1948) the development of land (within the
meaning of the said Ordinance) shall be restricted to the area
shown on the aforesaid map or plan and be carried out in
accordance with the provisions of this scheme.
5. Size of Building Plots. There are 126 plots
of various sizes, as shown on the plan.
6. Prohibited Purposes. (a) No land shall be
bought, sold, leased, mortgaged, exchanged or sublet without
the consent in writing of the Central Authority.
i (b) The consent of the Central Authority shall not
S be unreasonably withheld, provided that consent shall not
32-e. 72L f








be granted unless the prospective purchaser, lessee,
exchange or sub-lessee or his asiint make a statutory
,declaration that the land is required and intended for his
own use or the personal use of his principal.
(c) In cases where consent has been withheld to an
application for permission to sell, lease or exchange, the
Central Authority may, with the agreement of the prospec-
tive vendor, leasor or exchanger repurchase the land at a
reasonable sum. In the event of failure to arrive at a
reasonable sum by agreement the matter shall be referred
to arbitration.
(d) No dry goods store, shop, parlour or other place
where food is sold shall be established or connected with-
out the approval in writing of the Central Authority.

7. Subdividing. No plot as laid out on the said map
or plan shall be subdivided.
8. Maintenance of Land and House in Good
Condition. It shall be the responsibility of the purchaser of
each plot to maintain both land and house in good condition to
the satisfaction of the Central Authority.

9. Building Line. In order to preserve the uni-
formity of the frontage the purchaser of each plot shall observe
the building line which is a distance of at least 10 ft. from the
road boundary, curb of the road or access path, and in no case
shall the front of any dwelling house or any building be made
to extend nearer to or further from the said road or street than
such position on the said land as is indicated by the said building
line.
10. Size of Houses and height of Dwelling
Houses above ground. Every new building intended
s a dwelling house to be erected on any of the lots shall
hame a minimum habitable floor space of not less than 120 sq. ft.
and shall have the lowest floor raised from the ground at least
eighteen inches and supported on masonry with proper and
sufficient ventilation beneath the floor; provided that if the
frontage of the building abuts on any public place the said
building shall be on a continuous dwarf wall or concrete pillars.

11. Approval of Plans. No dwelling-house, shop,
hotel or other building shall be erected upon any of the plots
otherwise thai. in accordance with plans and elevations and of









materials previously approved by or on behalf of the Central
Authority and no building shall be commenced upon any plot
until the Central Authority or its agents shall have given a
certificate in writing of such approval.
12. One Building or Private House with
Out-Buildings on each Plot. Not more than one
building or dweliing-houne shall be erected on each plot
except the necessary and usual oalt-buildings, stables, garage
with living rooms over to be used in connection with any house
erected on the same plot or any house now standing or hereafter
to be erected on any adjoining land and such dwelling-house
shall not be of less value than ''_ti exclusive of stabling and
out-buildings, and no building shall be erected until the site
and elevation thereof and the site of any offices and stabling
thereto shall have. bcen approved by or on behalf of the
Central Authority, and every such building shall be of such
character and description and build according to such plans,
designs and elevations as siall have been similarly approved in
writing before the same is commenced, and no such building
shall after erection be altered without the like previous consent
in writing before the saine is commenced.
18. Coverage of Plot. No dwelling-house, includ-
ing out-houses of whatever character on a building plot shall
cover more than A of the surface of the plot.
14. Excavations. No sand or gravel shall be dug out
of any plot except in the course of excavating for foundations.
15. Kitchens. The floor of every kitchen shall be
made of non-inflammable materials and the chimney of every
such building shall be carried to such a height above continuous
height as may be specified by the Central Authority.
16. Garage. Every garage shall be made of concrete,
stone, iron or some non-inflanmmable material as far as
practicable.
17. Latrine Accommodation. Every building
intended for use as a dwelling or as a shop, or as a factory, or
as a place of business shall be provided with proper latrine
accommodations 'j.. a pit latriue of a type to be approved
by the lHealth Authorities.
18. Drainage. Each plot shall have drains properly
laid to a suitable outfill for the efficient drainage of any rain or
surface w:tit'r from the site, and the subsoil of the site shall be
effectually drained, whenever the possibility of dampness of the
site renders such a precaution necessary.









19 Projections beyond Building Line or over
Public Place. No portion of the front wall of any message
or dwelling-house to be erected on any part of the plot shall
project beyond the building line indicated upon the said plan,
and no portion of or attachment to any building shall
permanently project on or over any public place in such a
manner that in the opinion of the Central Authority or other
competent authority it would cause an obstruction or danger.

20. Temporary Structures. There shall not at
any time be erected or placed or suffered to be or remain on
any of the plots any temporary building or structure except
sheds, workshops or office rooms to be used for the purpose of
and in connection with the building of permanent buildings in
course of construction upon such plot.

21. Air space in front of Dwelling-House.
Every dwelling-house shall have an open space of at least
twenty-four feet in front thereof. The space shall be measured
to the boundary of any land or building immediately opposite
to the dwelling-house or to the opposite site of any public
place on which the dwelling-house immediately abuts and the
space shall extend throughout the whole frontage of such
dwelling-house.

22. Air space around Dwelling-House. No
dwelling-house shall be placed nearer than a distance of sixteen
feet to its site boundary at the rear or nearer than a distance of
six feet from the eaves or any projecting part to its site boundary
on either side. Provided that out-buildings approved by the
vendor or other competent authority may be erected at the
rear of a dwelling house.

28. Encroachment. No person shall erect any new
building without previously removing every step or other
encroachment which may be in or on the public place in front
of the site where such building is to be erected.
24. Notice of intention to Build. (a) Every
person intending to erect, remove or alter a building shall give
notice of such intention to the Central Authority.

(b) The notice shall be in duplicate upon the form
prescribed 'by the Central Authority and shall be
accompanied by plans in duplicate sufficient to show that
the proposed building comply with the requirements of
the Central Authority.









25. Approval by the Central Authority.
The Central Authority shall within six weeks of the delivery of
such notice, signify in writing its approval or disapproval
thereof. In the case of disapproval the Authority shall give
reasons for its disapproval or specify what alterations are
required.
26. Notification of work. Any owner or his
agent who intends to execute or executes work to which this
scheme applies,
(a) shall notify the Central Authority in writing the
date on which work will begin;
(b) shall notify the Central Authority in writing of
the completion of any work within fourteen days after
completion;
(c) may notify the Central Authority in writing of
the completion of part of any work to a value not less than
five hundred dollars within fourteen days of the completion
of work.
27. Period of Construction. (a) Building
construction shall commence within six months of approval,
failing which the approval shall be deemed to have lapsed.
Construction shall be completed within one year of the date
of commencement.
The Central Authority may in its discretion grant an
extension of the abovementioned period.
(b) In the case of default the Central Authority may
re-purchase the lot at a price for which it was sold by the
Central Authority and may purchase for a reasonable sum
that part of the building which had been erected up to the
time of the expiry of the agreed period.
In the event of failure to arrive at a reasonable sum by
agreement the matter shall be referred to arbitration.
28. Inspection. (a) The Central Authority shall
within twenty-one days after receipt of a notice of completion
as provided for in clause 26 sections (b) and (c), inspect the
work covered by such notice.
(b) the Central Authority or any duly authorised
officer reserves the right to enter any part of the scheme
whether sold, leased, rented or exchanged for purpose of
inspection;









(c) every person who executes work in any part or
section of the scheme shall afford members of the Central
Authority or its duly authorized employees free access to
the work for the purpose of inspection at all reasonable
times during the execution of the work.

29. Default. (a) The owner or his agent who
executes work to which this scheme applies and who receives
from the Central Authority notice in writing during the
progress of the work of within six weeks after receipt by the
Central Authority of a notice of completion as provided
for in clause 26 sections (b) and (c) -~'cif3 inj any matters in
respect of which the erection or execution mray be in contraven-
tion of the scheme and requiring such person, within a time
specified, to cause anything done contrary to the provisions of
the scheme to be amended, or to do anything which by any
such provision may be required to be done but which has been
omitted to be done, shall within the time specified, comply with
theseveral requirements and shall deliver to the Authority a
notice in writing of the completion of such work within fourteen
days of the completion.
(b) In any case of non-compliance with the require-
ments of the aforesaid notice, it shall be lawful for the
Authority in accordance with the provisions of section 20
of the Town and Country Planning Ordinance, 1948
to execute the works required and recover the cost from
the owner as a civil debt.

30. Any person aggrieved by the agreement or refusal
of the Authority to signify its approval under clause 25 to
grant'its consent under clause 6 shall have a right of appeal in
terms "mutatis mutandis of section 14 of the Town and
Country Planning Ordinance, 1948.

Made by the Central Housing and Planning Authority
this 14th day of May, 1956.

CLARENCE SIMON,
Secretary cj Executive ()fi.'.
Central Authority.

NovEu,LE H. RICHAD)S.
Chairman, C.entrul Housing 4
Planninw Authority.






7

Approved by the Governor in Council this 4th day of
September, 1956.
F. A. CLARKE,
Clerk of the Council.









































Printed at the Governmnet Printing Office, Antigua, Lecwaid Islands,
by E. M. BLACKMAN, M B.E., Government Printer.-By Authority.
1957.


A 38/80-500-2.57.


[Prioe lO cents.









ANTIGUA.


STATUTORY RULES AND ORDERS.
1957, No. 1.


THE KING GEORGE VI (ANTIGUA) STAMPS (INVALIDATION)
ORDER, 1957, DATED JANUARY 16, MADE BY THE GOVER-
NOR IN COUNCIL UNDER SECTIONS 4 AND 5 OF THE STAMP
ACT (CAP. 135) AS AMENDED.


1. Short Title. This Order may he cited as the
King George VI (Antigua) Stamps (Invalidation) Order,
1957.
2. Invalidation of Stamps. The Antigua stamps
originally authorised for use by the Stamps (Antigua) Order,
1938 (S. R. & 0. 1938 No. 32) and the continued use where-
of was authorized, inter alia. by the proviso to paragraph 7 of
the Stamps (Antigua) Orier, 1953 (S. R. & 0. 1953 No. 23)
shall, as from the 17th day of January, 1957, no longer be
valid for payment or stamp duties:
Provided that any person who is in possession of any
such stamps may, at any time between the 17th day of Janu-
arv and the 17th day of April, 1957, apply to any Post Office
in the Colony to have ;ny such stamp exchanged for and
replaced by a valid stamp or stamps of equal value authorized
for use in the Colony.

Mudr, by the Governor in Council this 16th day of Janu-
ary, 1957.
F. A. CLARKE,
Clerk of the Council.






Printxed at the GCuveranmnt Printine O()t i0 Antigua, L reward Islands,
by E. M. BLACKMAN, Governrment Printer.-By Authority.
S1957.


A. 6(;18-500--2.57.


Price 3 cents.







ANTIGUA.

STATUTORY RULES AND ORDERS.

1957, No. 8.

Proclamation dated February 16, 1957, appointing Monday
the 25th February, 1957, as a Public Holiday in
the Colony of Antigua.


BY THE GOVERNOR.

A PROCLAMATION

ALEC LOVELACE,
Administrator.
WHEREAS by section 5 of the Public Holidays Act, 1954.
(No. 19/1954) it is enacted that it shall be lawful for the Governor
from time to time with the advice of the Executive Council of the
Colony to issue a Proclamation appointing a special day or part of a
day to be reserved as a public holiday:
AND WHEREAS the Governor, with the advice of the Executive
Council of the Colony of Antigua. considers it expedient that Monday
the 25th day of February, 1957, should be reserved and kept as a
Public Holiday in the Colony.
NOW, THEREFORE, I ALEC LOVELACE, a Member of the Most
Excellent Order of the British Empire, Administrator of the Colony of
Antigna, do by this my Proclamation appoint Monday the 25th day of
February, 1957, as a special day to be reserved and kept as a public
holiday in the Colony of Antigua, under and in accordance with the
provisions of the said section ot the said Act, and command that the
said day be so reserved and kept.
AND all Her Majesty's loving subjects in the said Colony and all
others whom it may concern are hereby required to take due notice
hereof and to give their ready obedience accordingly.
GIVEN at the Administrator's Office, Antigua, this 16th
day of February, 1957, in the sixth year of Her
Majesty's reign.
GOD SAVE THE QUEEN!






Printed at the Government Printing Office, Antigua, Leoward Islands,
by E. M. BLAOKMAN, Government Printer-By Authority
1957.


-500-2.57.


(Price 3 cents.]







MONTSERRAT.

STATUTORY RULES AND ORDIIERS.

1957, No. 1.

Proclamation dated February 13, 1957, declaring Monday
the 25th February, 1957, a Public Holiday in the
Colony of Montserrat to commemorate the decision to
federate taken by West Indian Governments at the
Conference on British Caribbean Federation held in
London in February, 1956.

BY THE ADMINISTRATOl OF THE COLONY
OF \MONTSERRAT.

A PROCLAMATION
A. I. DAWKINS,
A dininistr ltor.

W 11i F' V \ it is provided by section 6 of the Public Holidays Act,
1954 (No. 19 of 1954) that it shall be lawful for the Governor from
time to time with the advice of the Executive Council of the Colony to
issu- a Proclamation appointing a special day or part of a day to he
reserved as a public holiday in the Colony:
AND) W i I F. -\S the Government of Montserrat, at the request of
the Conference on British Caribbean Federation held at Lancaster
House, London, England in February, 1956, has agreed and considers it
desirable that lth( 25th day of February, 1957, should be observed as a
IPblic Holiday in commemoration of the historic decision to federate
taken at tie s;idl Conference,:
NOW THEREFORE, I. ARTHUR FRANCIS DAWKINS, Administra-
tor of the Colony of Montserrat, in exercise of the powers vested iln me
by the said Public Holidays Act, 1954, and otherwise, and with the
advise, of the E.-.-.int.- Council of th- s:-ai Colony, do hereby appoint
Monday the 25th day of Febru.ry. 1!957. as a Public Holiday in th,
said C)olony. under atl in accordance with the said Public Holidays
Act, 1951, and I do by this my Proclamation command, the said day to
be so reserved and kept.
AND all Her Majesty's loving subjects in the said Colony and all
others whom it may concern are hereby required to take due notice
th-reof and to goxvrn themselves accordingly.
GIVEN under my hand at the Administrator's Office,
Montserrat, this 13th day of Fehruary, 1957, and in
the sixth ear of Her Majesty's reign.
GOD SAVE THE QUEEN!


Printed at the Government Printing- O(fife. Antigiua. Leeiward Islands,
by E. M. BLACKMAN, Government Printer.--By Authority
1957.
47 I ,, ,-- ",7. [Price 3 eris.j

L r- '
^-i^,^;










VIRGIN ISLANDS.

STATUTORY RULES AND ORDERS.

1957, No. 6.

Proclamation dated February 14, 1957, proroguing the
Legislative Council of the Colony.
BY THE GOVERNOR OF THE LEEWARD ISLANDS.
A PROCLAMATION

P. D. MACDONALD.
.1. !in/ Governor.

WHEREAS it iQ provided by section 25 (1) of the Virgin Islands
Constitution and Elections Ordinance. 1I'."1, as amended, that the
Governor may at ;ny time. by Proclamation, summon, prorogue or
dissolve the Legislative Council of the Virgin Islands:
AND WHIERIEAS by proclamation dated the 23rd day of October,
I.',,, a session of the said Council wasappointed to be held at eleven
o'clock in the forenoon at St. George's Hall in the town of Ri ad Town
in the aforesaid Colony on .l-i .iay the 19th November, 1956:

AND- WHEREAS in pursuance of the aforesaid Proclamation the
S sid Council duly met in session on the 19th day of November, 1955:

AND WHEREAS it appears expedient to prorogue the said
Council:
NOW, THEREFORE, in exercise of the powers in me vested as
hlireinbefore recited I do hereby prorogue the Legislative Council of
the Colony of the Virgin Islands until such further date as may be
appointed by Proclamation of the Administrator under the provisions
of section 18 of the said Ordinance, for the first sitting in the next
session of the said council .
AND the Members of the said Council and all other Her Majesty's
.,lit. ir and loving subjects in the said Colony and all those whom it
may concern are hereby required to take due notice hereof and to
govern themselves accordingly.

GIVEN at the Government House, Antigua, this 14th day of
February, 1957, and in the sixth year of Her Majesty's
reign.

GOD SAVE THE QUEEN!




ATIGUA.
Printed at the Government Printinp Office, Leeward Islands,
by E. M. BIACKMAN., Government Printer.- By Authority.
1957.


[P-rice 3 cent&]a.


~1 ",/, 1 24 t-500--2.57.




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