Antigua, Bill: Police Act (Amendment)...

Group Title: Antigua, Montserrat and Virgin Islands gazette.
Title: The Antigua, Montserrat and Virgin Islands gazette
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00076853/00042
 Material Information
Title: The Antigua, Montserrat and Virgin Islands gazette
Physical Description: 12 v. : ; 25-35 cm.
Language: English
Creator: Antigua
British Virgin Islands
Publisher: Govt. Printer.
Place of Publication: St. John's? Antigua
Frequency: weekly
completely irregular
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 )
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: VID00042
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
        Page 69
        Page 70
    Antigua, Bill: Police Act (Amendment) Ordinance, 1957
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
Full Text





I J, u3lished by cAuthority.

THURSDAY, 21 ST 11 AC 1957.

No. 13.


It is notified for general informa-
tion that the tus- of the style
"honourable" has been extended to
all members of the Antigua Legisla-
tive Council.

Admin istrator's 0.:,'-
St. John's,
13th March, 1957.
Ref No. A. 18/48

It is hereby notified for general
information tiat the Association of
West Indian Trans-Atlantic Steam-
ship Lines has announced an overall
increase of 12 /% in freight rates on
all types of cargo shipped from the
United Kingdom and Continental
ports to the Caribbean area as from
1st May, 1957. This increase is due
to higher operating costs.
Administrator's Office,
16th Marci, 1957.

It is hereby notified for general
information that th- Administrator
of Montserrat by virtue of the powers
vested in him und~-r section 3 (1) of
the Animals (Diseases and Importa-
tion) Ordinance, 19 54, (No. 15 of
1954) has appointed Mr. C. A. TAYLOR
(Livestock Officer) to be an inspector
for purposes of the said Ordinance.

By Order,

Chief Clerk.
Admintistraltor's Office,
8th March, 1957.
If. 65/8-III.

It is notified for general informa-
tion that Mrs. Anna Thelma Hennis of
the Quarter, Anguilla, was registered
on the 5th day of March, 1957, as a
citizen of the United Kingdom and
Colonib-s under the British Nationality
Act, 1948.

Chief Secretary's Office,
Leeward Islands,
at Antigua.
5th March, 1957.
C.S.O. M.P, 5/100031,

S72. 7

6b~'24 ,

The Government of Trinidad has
announced that it has appointed a
trade mission to tour the British ter-
ritories of the Eastern Caribbean.
The team of six persons is scheduled
to arrive in Antigna on 20th March,
1957, and to leave again for Montser-
rat on March 23rd.

The mission is headed by the Hon.
JOHN O'HALLORAN, Minister of
Industry, Trade and Tourism in the
Government of Trinidad, and includes
the following ot her persons:-
Mr. FRANK BAIN. Agronomist
Mr. ARTHUR HALE. Chairman of
the Incorporated Chamber of
Commerce of the British West
Mr. LLOYD PAILEY. a trade unionist
Mr. MAX B. IFILL, Secretary.

Administrator's Office,
St. John's,
14th March, 1957.
Itef. No. T.P. 77/68.


No. 33.
The Secretary of Stale of the
Colonies has iin ormed the Governor
that the power of disallowance will
not )h exercised in respect of the
undermentioned Ordinances:-
No. 12 of 1956, "The Leprosy
Ordinance, 1956 ".

Virgin Islands.
No. 10 of 1956, "The
Ordinance, 1956 ".


Chief Secretary's Office,
Leeward Isliands,
20th March, 1957.
Ref. No. 47/00416.
No. 34.

The following Bill which is to be
introduced into the Legislative Coun-
cil of Antigua is circulatedwith this
Gazette and forms part thereof:-
"The Police Act (Amendment)
Ordinance, 1957."

The attentiin of Electricity Con-
sumers is hereby directed to the
provisions of Section 23 of the
Government ElctriciTy, Ice and Cold
Storage Ordinance No. 36 of 1956
which reads as Ifollo'ws,:-
Stealing Electricity.
Every person vho maliciously
or fraudulently abstracts, causes to
be wasted or diverted, consumes
or uses any electricity generated
by the nn.Ihrtaking shall l)e guilty
of an offence against this Ordinance
and shell t)b liable on summary
conviction to a fine not exceeding
one hundred dollars or to a term
of imprisonment not exceeding six
months ".
Electricity, Ice &( Cold Storage Dept.

12th March, 1957.
that tlere will be a sitting o1 the
West Indian Court of Appeal held at
the Court Houns- in the City of Saint
John in the Colony (of Antigna on
Thursday the 28th day of March,
1957, at 10 o'clock in the forenoon

when the undermentioned Appeal
will be heard:--
D)'fndan s-Appellnt Is.
1. Vere Cornwall Bird
2. Edmund Hawkins Lake
3. Novelle Richards
4. Ernest Williams
5. Bradley Carrott
6. John Ireland
7. Levi Joseph
8. Joseph Samuel
9. Lionel Hurst
Plain tiffs- Respon dent .

Joseph Reynold O'Neal and Gertrude
All persons concerned are requested
to govern themselves accordingly.
Attention is also drawn to the
error io the publication in the issue
of this Gazette dated the 7th March,
1957, of a Notice concerning the said
appeal, whereby the Defendants-
Appellants Vere Cornwall Bird and
others wvre shown as Respondents
and the Plaintiffs-Respondents, Joseph
Reynold O'Neal and Gertrude O'Neal,
were shown as Appellants.



In the Supreme Court of the
Windward Islands and
Leeward Islands.
A.D. 1957.

NOTICE is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Wii, l.v.n Islands and Leeward Is-
lands (Courts) Order in Council, 1939,
and duly approved as therein pro-
vided on the 16th day of October,
A.D. 1941, the HIonourable the
Puisne Judge selected for the Sitting
of tihe Court in the Virgin Islands
has appoint-d the day of the month
on which the ensuing Court shall sit
as follows, that is to say:--

The Virgin Islands Court on Wed-
nesday the 3rd day of April, 1957,
at ]0 o'clock in the forenoon.

Dated th- 20th day of Febrnary,
H. A. Besson,

It is :, .!,-.i for general infiorma-
tion that a list of unclaimed parcels
which have been in the PoI t Office
fo r 75 days ias, in iccordarnce with
section 38 (2) of r he Leeward Islands
S. R. & 0. No. 34 of 1951. been pub-
lished on the Notice Bilt.rd on the
outside of the General Post Otlic- in
Thames Street.

Unless these parcels ae cleared
withiiu tcl days of thu date of this
notice, they will be returned without
further notice to the senders at their
W. L. Maguire,
Colonial )Postmaster,
General Post 0,';;
Antigua, I.W.I.

8th Jf-rch, 1957.
Ref. A. 65/7.

It is hereby notified for informa-
tion of tihe ge-r. ,l public tliha, tihe
City Ratts payable for tli ya-vr 1.'".
have ioben fixed as follows:-

On lots of land under an assessed
annual rental value of s t'.i" 10%
On lots of land of n an assessed
ann.i:l rental value of '.- i in or
over ... 15%
Provided that there umay ie paid
in rr.sp ct of lots of Ilnd situated
nortli of the street t which Joinsl
Bennett and Bryson Streets on their
northeirc ends th following rates:-
(1) On lots of land under an
assei seil annual rental villle of(
$t 0 ... "5%
k2) On lots of land of in assessed
annual rental value of $48 00 or
over l... 7%

This means that the rates payable
on properties north of Alfred Peters
Street to the extreme northern end
of Bryson, Bennett and Athill Streets
have been increased from 5% to 10%
and from 71% to 15% depending on
the assessed annual rental values.
These increases have been made in
view of the improved city amenities
provided in the area.

Office of Central Board )f Health,
Market 'Str,et,
26th February, 1957.

Applications a'r invited from suita-
bly qualified persons for appointment
to the post of Superintendent of
Prisons, St. Vincent, particulars of
which ar- as follows:-


The post is pn siio a hle and
appointment carries with it the lia-
bility to transfer to any post of
equivalent status within the Wind-
ward Islands. The Officer will be
subject to the Colonial Regulations,
local General Order? etc. so far as they
are applicable.


The Salary of the post is in the
scale ,J?.u'., I"' i;' 00 per annum,
plus a pensionable pay addition of
20(% of salary. An officer may be
appointed al :ny point in this scale
depending oin his qualifications and


The Officer will be paid a uniform
allowance at the rate of :-.1:lI per
annum. Transport and subsistence
allowances are also payable in accord-
ance with local Regulations.


Unfurnished quarters are provided
on the Pris (Compound for which
the ..ir .. will b- required to pay
rental at the rate of 10% of his salary.
The officer will 1iL required to reside
in the Prison quarters.

Candidates should have an intimate
knowledge of all matters relating to
Prison Admini.t ration; a good know-
ledge of after care and rehabilitation
work in respect of discharged prison-
ers, and also of probation work.


The officer will have thle gen-ral
control and mniiiagemni-.t of the Pri-
sons. and will be required to perform
such other duties as ar' laid down in
the St. Vincent Prison Rules (S.R. & O.
No. 39 of 1945) of I'll..


Free first class passages will be
provided for the officer, his wife and
children, not exceeding 5 persons in
all; children to be under 18 years of
age, unmarried and dependent on the

Leave and Leave Passages:

The t,,'.-, 1 will be eligible for
vacation leave at die rate of 45 days
for each completed period of 10
months resident service. Such leave
may be a;ccrululated to a maximum
of 180 days. Leave passages are
granted in accordance with local

Medical Attention:

Free medical attendance and medi-
cines are not provided.


All Government officers are liable
to taxation imposed by local enact-

Applications containing full parti-
culars of the applicant's .1, I'" ., .*ns
and experience and accompanied by
two testimonials, should be addressed
to the ( hi f Secretary, Windward
Islands. Grenada, and should reach
him not later than the 31st March,

Admiin istiator's O fice,
11th Marich. 1957.
Ref. AC 13/S9 I1I


The Antigua Vehicles & Road
Traffic Ordinance, 1946.

Biy virtue of the powers conferred
on lme in S'ction 2 of the Antigua
Vehicles ard R'oad Traffic Ordinance,
No. 5 of 1946, I hereby fix thei period
hereundier for thI lighting of vehicles.

Until furith r notice, the lighting
period of vehicles shall be from
6.30 p.m. to 6 a.m.

Dated this 7th day of March, 1957.

Traffic Comunissioner.
Ref. No. 361/0008.

Central Experimeinn Station

Month 1953. 1t)54. 1955. 19y35. 1957.
January 1.93 3.04 210 15 3.1(
Feb. 1.02 2.45 ,CS 1.23 2.29
To Mar. 10 1.G o 2S .71 1.18 .05
3.9) 5.77 3.55 7.5(i 5.50

Printed at :he Giovernment Printing Office, Antiiua. Leeward Islands, by
Government Printer.-- y Authority.


[P,'/ici 4 cenlt&

of 1957. Police Act (Amendment).



of 1957.


An Ordinance to amend further the Police Act,


ENACTED by the Legislature of the
Colony of Antigua.

1. This Ordinance may be cited as the
Police Act (Amendment) Ordinance, 1957, and
shall be read as one with the Police Act, 1951,
as amended, he-reimater called the Principal Act.

2. Paragraph (c) of subsection (2) of
section 28 of the Principal Act is hereby

3. Sections 29 and 31 of the Principal
Act are hereby repealed.


Short title.

L. Is. Acts.
12/ lyt51.
S.R. & O. 1%6
No. 22.
Repeal of
section 28(2)
(c) of the
Principal Aot.

Repeal of
sections 29
and 31 of the
Principal Act,


Police Atet (,IfIne-hdFlrlzet). No.

Amendment 4. Section 33 of the Principal Act is
of section hereby amended as follows:-
of the Princi-
pal Act.
(a) by the substitution of a colon for
the full-stop at the end of subsection (1)
and the addition thereto of the following
Provided that-
(a) no such charge or complaint
against an Inspector shall be heard
by any Gazetted Police Officer other
than the Commissioner and no In-
spector or subordinate police oliti.,r
shall be liable to the punishment of
confinement to barracks;
(b) where a charge or complaint
is made against a subordinate police
officer holding the rank of sergeant
or above and such charge or com-
plaint is heard and determined by a
Gazetted Police Officer other than
the Commissioner, the (azetted
Police Officer shall not imIpose any
of the aforesaid sentences but shall-
(i) where such subordinate
police officer pleads guilty
to the charge or complaint,
send the record of the pro-
ceedings to the Commis-
sioner who shall impose
any of the aforesaid sen-
(ii) where such subordinate
police officer pleads not
guilty and is found guilty
of the charge or complaint,
send the record of the
proceedings to the Com-
missioner who shall deal
with the same in the nian-
ner provided in paragraph
(b) of subsection (I) of
section 34 of this Act.";


of 1957.

CA 19 5 37. P~ic 4 Ic G (Imn,"Icli t). 3 ANI .

(h) by the deIitiotn of subsection (2);
(c) by re-numbering subsections (3)
and (4 ) as subsections (2) and (3) respec-
5. Section 34 of the Principal Act is here- Amendment
by amended by deleting and replacing subsection of section 4
x letof the Prin-
(1) as follows:- cipal Act.
31. (1) Where Appeals.
(a) ani Inspector, subordinate
police o'l -.i or conlstable is dissatis-
lied with a, decision oji any charge or
or complaint which is heard-
(i) by the Commissione r or
a Magistrate under section
:;. oft this Act; or
(ii) by the.Commissioner in exer-
cise of the powers con.
[erred or, him by sub-
paragraph (b) of the
proviso to subsection (1)
of section 33 of this Act;
(iii) by the Comnmissioner in exer-
cise of the powers confer-
red on him by paragraph
(b) of subsection (1) of
this section,
he may within s'vea days after any
such decision has beeni communiatlied
to him, appeal therefrom to the
Governor of the Leeward Islands;
(, ) ;a lublordinate police, officer of
or above the ri\uk of s rgeant is
found -'uilty of a ch;are or complaint
ihici ic s !Iheard vI a Gazetted Police
(Off)icr otier than Iihe Commnissioner
and the record' of t he proceedillgs has
been forwarded to the (Commissioner
as required Ib sub-paragraph (ii) of
paragraph (b) of the proviso to sub.


4 Police Act (Amendment). No.

section (1) of section 33 of this Act,
such subordinate police officer may,
within seven days after the finding
has been communicated to him,
appeal to the Commissioner who
may exercise any or all of the follow-
ing powers, that is to say:---
(i) return the proceedings for-the
taking of further evidence;
(ii) whether further evidence is
taken or not, quash the pro-
ceedings and re-hear the
charge or complaint himself
de novo or order the charge
or complaint to be re-heard
de novo by a Gazetted Police
0 ffi ceer other than the
Gazetted Police Officer who
heard the same in the first
(iii) reverse or vary the finding;
(iv) impose any sentence which
he might have imposed
under section 33 of this Act
if he had heard the charge
or complaint himself, cou-
pled (if he thinks fit) with
a recommendation for dis-
missal from the Force;
(c) a subordinate police officer
below the rank of sergeant, or any
constable, is dissatisfied with the
decision of a (,azetted Police Officer
other than the Commissioner, he may
within seven days after the Gazetted
Police Orliit,-'s decision has been
communicated to him appeal to the
Commissioner and if he is dissatis-
fled with the Comnissioner's decision
he may appeal therefrom to the
Governor of the Ieeward Islands
within seven 1\days after tlic Commis-
sioner's decision has been communi.
tated to him."


of 1951.

No. of 1957. Police Act (Amendment).

6. Section 35 of the Principal Act is
hereby amended-

(a) by the deletion of the words an
Inspector or "; and

(b) by the insertion of the words
"below the rank of sergeant," between the
words officer and or ".

7. Section 36 of the Principal Act is
hereby amended by the deletion of the words
"subsection (2) of and the substitution there-
for of the words subsection (1) of"

8. Wherever in sections 5, 7, 9, 13, 32,
34, 44, 44A, 45, 46, 47, 48, 50, 51, 52, 55, 56,
57, 59, 60, 63, 63A, 64, (6 and 67 of the Princi-
pal Act reference is made to "the Governor of
the Leeward Islands" such reference shall be
construed to mean the Governor of the Leeward
Islands, acting in his discretion.

9. This Ordinance shall come into opera-
tion on a date to be appointed by the Governor
by Proclamation published in the Gazette.


Passed the Legislative Council this
day of 1957.

of section 35
of the Prin-
cipal Act,

of section 36i
of thle Prin-
cipal Act.

of Governor
of the Lee-
ward Islandls
to mean
Governor of
the Leeward
Islands, act-
ing in his


Clerk of the Council.


The purpose of repealing sections 28 (2) (,), 29 and 31
of the Principal Act is to enable provision to be made in the
Police Regulations for the hearing and punishment of the
offences created by these sections, as it was considered
inappropriate that such bff'ences should be the subject of
inquiry by a court. (Clauses 2 and 3).


Police Act (Amendment). No.

2. Insofar as section 31 relates to the falsification of
public documents, this offence will be dealt with by the
usual process of the criminal law. (Clause 3).
3. Hitherto a charge or complaint against a subordi-
nate police officer of or above the rank of sergeant could
not be heard by a Gazetted Police Officer other than the
Commissioner and no sergeant could be confined to barracks.
It is now proposed that any Gazetted Police Officer may
hear a charge against a police officer of the rank of sergeant
or above, but in a case where the hearing is before a
Gazetted Police Officer other than the Commissioner, the
record of the proceedings must be sent to the Commissioner
who will deal with the matter in the manner laid down in
section 34 (1) (b). It is also provided that the exemption
from the punishment of confinement to barracks, originally
confined to sergeants and police officers above that rank,
should be extended to all subordinate police officers.
(Clause 4).
4. In the case of Inspectors, it is proposed that charges
against them should continue to be heard by the Commis-
sioner only, where such hearing is before a Gazetted Police
Officer. (Clause 4).
5. The amendments to section 35 and 36 are conse-
quential on the amendment to section 33.
6. In furtherance of the decision to retain the Police
Force on a Leeward Islands basis, the expression Gover-
nor of the Leeward Islands has been substituted for the
expression Governor by amendments to the Principal
Act affected by the Adaptation of Laws Regulations of the
several Colonies. In view, however. of the recent constitu-
tional changes, a further amendment is necessary to provide
that such references to the Governor of the lt i-ainl Islands
shall he construed to mean the Governoi of the Leeward
Islands, acting in his discretion. Clause S seeks to effect
this amendment.
Acting Attorney General.

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


of 195? .

,k, 47/09-330--3.57,

Price 8 cents,,

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