• TABLE OF CONTENTS
HIDE
 Main
 Supplement to the Antigua, Montserrat...
 Antigua, Bill: Pensions (Increase)...
 Antigua, Bill: Nurses Registration...
 Montserrat, Bill: Cotton (Levy)...
 Antigua, Statutory Rules and Orders,...














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/UF00076853/00047
 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: VID00047
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 91
        Page 92
    Supplement to the Antigua, Montserrat and Virgin Islands Gazette
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
        Page A-7
    Antigua, Bill: Pensions (Increase) Ordinance, 1957
        Page B-1
        Page B-2
        Page B-3
        Page B-4
        Page B-5
        Page B-6
        Page B-7
        Page B-8
        Page B-9
    Antigua, Bill: Nurses Registration (Amendment) Ordinance, 1957
        Page C-1
        Page C-2
    Montserrat, Bill: Cotton (Levy) (Amendment) Ordinance, 1957
        Page D-1
        Page D-2
    Antigua, Statutory Rules and Orders, no. 11 of 1957: Proclamation dated 16th April, 1957, declaring a Close Season for Cotton
        Page E-1
Full Text






THE

ANTIGUA, MONTSERRAT
AND

TAWT ISLANDS GAZETTE.


wished 6y authority.

DAY, 25TH APRIL, 1957.


No. 18.


No. 48.


The following Bills which are to be
introduced into the Legislative Coun-
cils of Antigua and Montserrat are
circulated with this Gazette and form
part thereof:-
Antigua.
"The Pensions (Increase) Ordi-
nance, 1957."
"The Nurses Registration (Amend-
ment) Ordinance, 1957."
Montserrat.

"The Cotton (levy) (Amendment)
Ordinance, 1957."


No. 49.
The following Statutory Rule and
Order is circulated with this Gazette
and forms part thereof:-
Antigua.
No. 11 of 1957, "Proclamation
dated 16th April, 1957, declaring a
Close Season for Cotton."
1 pp. Price 3 cents

City Rate for 19W7
Notice is hereby given that the
City Rate Assessment List for 1957
has been posted on the outer door of
the Treasury and at the Office of The
Central Board of Health, Market
Street.
The rate fixed on properties north
of the Street which joins Bennett
and Bryson Streets under an assessed
annual rental value of $48.00 is 5%
and of $48.00 and over 71%. The
rate on all other property under an
assessed annual rental value of $48.00
is 10% and of $48.00 and over 15%.
Any person who objects to any
assessment in the said list must lodge
his objection in writing with the
'Secretary, Central Board of Health
within fourteen days after the date
of this notice.
A. R. Meade,
Secretary,
Central Board of Health.
Central Board of Health,
Antigua,
18th April, 1957.
Ref. No.S. 50/14-II

A.2 e 717


> TRAD M AKS OFFICE,
rlth April, 1957.
DWEN COMPANY of 350
Madison Av'-nue, New York, State of
New York. U.S.A.. have applied for
Registration of one Trade Mark con
sisting of the following:-





Starlac

in Clase 42, that is to say: Substances
used as food or as ingredients in food.
The Applicants claim that they
have used the said Trade Mark in
respect of the s:id goods for 35 years
before the date of their said Applica-
tion.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua, Moniserrat & Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office, Anti-
gua, of opposition to registration of
the said Trade Mark.
CECIL O. BYRON,
Registrar of Trade Marks.

In the Supreme Court of the
Windward Islands and
Leeward Islands.
ANTIGUA CIRCUIT.
A.D. 1957.
Notice is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of
the Windward Islands and Leeward
Islands (Courts) Order in Council,
1939, and duly approved as therein
provided on the 16th day of October,
A.D. 1941, the Honourable the Puisne
Judge selected for the sitting of the
Court in the Antigua Circuit has
appointed the day of the month on
which the ensuing Circuit Court shall
sit as follows, that is to say:-
The Antigua Circuit on Tuesday the
14th day of May, 1957, at 10. o'clock
in the forenoon.
Dated the 8th day of April, 1957.
CECIL O. BYRON.
Registrar of the Supreme Court,
Antigua.


TRADE MARKS OFFICE,
PLYMOUTH, MONTSERRAT,
8th April, 1957.
T. H. ESTABROOKS Co., Limited,
of 6201 Park Avenue, Montreal,
Canada, Merchants have applied for
Registration of two Trade Marks con-
sisting of the following:-
(1)

RED ROSE
(2)


in class 42, that is to say: Substances
used as food or as ingredients in food.
The Applicants claim that they
have used the said Trade Marks in
respect of the said goods for fifty-
seven years before the date of their
said Application.
Any person may within three
months from the date of the first
appearance of the Advertisement in
the -Antigua, Montserrat & Virgin
Islands Gazette. give notice in dupli-
cate at the Trade Marks Office. Mont-
serrat of opposition to registration of
the said Trade Marks.
F. O. C. HARRIS,
Registrar of Trade Marks.

RAINFALL FIGURR3S
Agricultural Department,
Antignua

Month 1953. 1954. 1955. 1956. 1957.
January 1.93 3.04 2.16 5.15 3.16
Feb. 1.02 2.45 .68 1.23 2.29
Mar. 5.60 1.08 .83 1.40 .40
To Apr. 20 .90 .28 1.71 3.19 2.21
9.45 6.85 5.38 10.97 8.06










92 THE ANTIGUA, MONTSERBAT ANTD ITIRGIN ISLANDS GAZETTE. [April 25, 1957.


TRADE MARK'S OFFICE,
PLYMOUTH, MONTSERRAT.
3: th March, 1957.
THE BORDEN COMPANY of 350,
Madison Avenue, New York, State of
New Jersey, U.S.A. has applied for
registration of one Trade Mark con-
sisting of the following:-





Starlac

in Class 42, that is to say: substances
used as food or as ingredients in food.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 35
years before the date of their said
application.
Any person may within three
months from the date of the first
appearance of the Advertisement in
the Antigua, JMolonserrat and Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Mark's Office,
Montserrat, of opposition to registra-
tion of the said Trade Mark.

F. O. C. HARRIS,
Registrar of Trade Marks.


TRADE MARKS OFFICE,
ATIGUA, 8th April, 1957.

SCHENLEY, INDUSTRIES INC.,
of 350 Fifth Avenue, New York,
State of New York, U.S.A. have
applied for Registration of one Trade
Mark consisting of the following:-



SAMOVAR

in Class 43 that is to say: Potable
alcoholic beverages particularly vodka.
The Applicants claim that they
have used the said Trade Mark in
respect of said goods since 16th March,
1940 before the date of their said
Application.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua, Montserrat & Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office, Anti-
gua, of opposition to registration
of the said Trade Mark.

CECIL 0. BYRON,
Registrar of Trade Marks.


TRAFFIC NOTICE.
The Antigua Vehicles & Road
Traffic Ordinance, 1946.
By virtue of the powers conferred
on me in Section 2 of the Antigua
Vehicles and Road Traffic Ordinance,
No. 5 of 1946, I hereby fix the period
hereunder for the lighting of vehicles.
-Until further notice, the lighting
period of vehicles shall be from 6.45
p.m. to 5.45 a.m.
Dated this 1st day of April, 1957.
E. M. V. JAMES,
Traffic Commissioner.
Ref. No. 36/00008.

A n im a 1 Husbandry Officer,
Department of Agriculture,
British Honduras.


1. Appointment.
The appointment, which is non-
pensionable, will be for a period of
3 years, including leave, in the first
instance. It will be subject to a
satisfactory medical examination as
well as to the Colonial Regulations
and to the General Orders of British
Honduras in force for the time being.

2. Salary.
The salary scale is $3,120 x 120-
3,240 x 150-4,740 E.B. 4,920x 180
-5,460 with entry at a point deter-
mined by any special qualifications
and experience. The current rate of
exchange of the BH dollar is $4
equals L1 sterling. Half salary will
be paid from the date of embarkation,
and full salary from the date of
arrival in British Honduras.

3. Allowances.
Travelling and subsistence allow-
ances are payable at local rates for
approved travel on duty. Under the
present Regulations actual transport
expenses are paid and subsistence is
at the rate of $2.50 a day for the
first 6 days and $2 thereafter.

4. Gratuity.
On satisfactory completion of the
appointment the officer will be enti-
tled to a gratuity equal to 10% of the
total salary drawn during the period
of engagement.

5. Quarters.
A Government quarter will be
provided at Central Farm, the
Headquarters of the Agricultural
Department. Rent is charged at the


rate of 7J% of salary, subject to a
maximum rate of $480 a year. Heavy
Furniture is provided at a rent of
6% a year of its total value.

6. 0ve.

Vacation leave on full salary will
be granted at the rate of 5 days for
each completed month of resident
service, such leave to be taken on the
satisfactory completion of the period
of engagement.

7. Passages.

On first appointment free passages
will be provided for the officer, his
wife and children, not exceeding
five persons in all. On leave free
passages will be provided for the
officer, his wife and two children.
Children should be under 18 years,
unmarried and dependent cn the
officer.

8. Medical Attendance.

Free medical treatment at Govern-
ment Hospitals will be provided for
the officer. On admission to Hospital'
the maintenance charge is at the rate
or $2 a day.

9. Income Tax.

The officer will be liable to income
tax in accordance with local rates.


10. Duties.

The officer will be responsible to
the Director of Agriculture for live-
stock policy. His duties will entail'
extensive travelling amongst cattle
producers. He may be called upon
to act for the Veterinary Officer when
the latter is on leave.


11. Qualifications.

Practical experience of tropical
livestock improvement programmes,
especially in cattle and pasture work.
A degree in Agriculture will be an
added advantage.

12. Method of Application.

Applications should reach the
Colonial Secretary, Belize, by the
15th of May, 1957.
Ref. No. 13100360


Pointed at t-he Government Printing Offoe. Antigua, Leeward Islauds, by E. M. BLAOKMAN,
Government Printer.-By Authority.
1957,
[Prics 16 cents including Supplement]








pt t to the Antigua, Montserrat and

) Vl Virgin Islands Gazette.

Sf Thursday the 25th day of April, 1957.

THE WEST INDIAN COURT OF APPEAL.
On appeal from the Supreme Court of the Windward Islands and Leeward Islands.


VERE CORNWALL BIRD et al
and
JOSEPH REYNOLD O'NEAL
GERTRUDE O'NEAL.

1956 No. 1-ANTIGUA.


Before Mathieu-Perez
Jackson C. JJ.
Holder
E. Barrow for the Appellants
E. E. Harney with H. Harney for the Respondents.


March, 28, 29; April 1, 2, 9.


JUDGMENT.


The respondents carry on business in partner-
ship under the name of O'Neal's Drug Store here-
inafter called the Drug Store, and in an adjacent
building the respondent Gertrude O'Neal carries on
a curio shop. The appellants except Joseph
Samuel are members of the Executive Committee
of the Antigua Trades and Labour Union, a Union
registered under the Trade Unions Act, 1939,
hereinafter referred to as the Union. In May,
1949, one Averyl Winter was employed by the
respondents as a clerk at the Drug Store on a
weekly basis and she continued to be so employed
until Saturday 11th June, 1955, when she was
dismissed by the respondent Gertrude O'Neal and
paid one week's wages in lieu of notice. At the
time no reason was given for the dismissal.
On Monday 13th June the appellant John
Ireland who is the Field Officer of the Union of
which Miss Winter is a member, went to the
respondent Gertrude O'Neal and asked for
the reasons for Miss Winter's dismissal; these
Miss O'Neal declined to give; thereupon Ireland
demanded one year's pay for Miss Winter. This
also was refused.
The Union made representations to the Labour
Commissioner of Antigua in respect of Miss
Winter's dismissal. Conciliation meetings under
his chairmanship were subsequently held when
representatives of the respondents and of the
Union were present. At the meetings the Union's
representatives asked for the reinstatement of
Miss Winter; representatives of the Drug Store
contended that in dismissing Miss Winter and
paying her a week's wages in lieu of notice they
were acting within their legal rights and were not
prepared to consider the demand for reinstatement.

W71-f7
04e-f -


The Labour Commissioner expressed the view
" that legally Miss O'Neal had acted within her
rights but in a labour department matters were not
approached from the entirely legal aspect". On
that understanding the discussions continued and
in the course thereof as a result of a further
request the reasons for Miss Winter's dismissal
were supplied; no conclusion satisfactory to the
parties was reached and the negotiations broke
down.
The Union approached the Governor for the
appointment of a Board of Inquiry under the
Trade Disputes (Abitration and Inquiry) Act,
1939, and by instrument dated 16th August, 1955,.
the Governor appointed a Magistrate as a Board
of Inquiry to inquire into the cause of the dispute
that arose over the dismissal of Miss Averyl Winter
by the proprietor of O'Neal Drug Store, St. John's
and to report thereon to the Governor and to
submit to him such conclusions, recommendations
and observations as the Board sees fit ".
This inquiry was held on the 24th August;
on behalf of the respondents it was at the outset
submitted that there was no trade dispute between
Miss Winter and the respondents and that the
appointment of the Board was consequently invalid.
The Board ruled that the terms of reference
contained in the instrument dated 16th August,
1955, which gave the Board its validity showed
prima facie that there was a trade dispute existing
between the proprietors of O'Neal's Drug Store
and Miss Averyl Winter and therefore the Board
had full power and authority to inquire into the
dispute". The respondents thereafter took no
further part and the inquiry proceeded in their
absence.


BETWEEN:


Appellants (Defendants)


Respondents (Plaintiffs).








On the 31st August the Board submitted its
report and its conclusion is expressed thus:

I have come to the conclusion that there
was no moral justification for the dismissal
of Miss Winter. In reaching this conclusion
I have used as a norm one of the accepted
principles of good industrial relations, that is
the principle of 'mutual respect and tolerance
of human rights between employer and
workman."

The Board was satisfied that Miss Winter
should not be reinstated but was of opinion that
Miss Winter should be compensated for her
dismissal by a monetary payment calculated on a
basis of the number of years service she has given
in the employment of O'Neal's Drug Store," and
recommended that the Proprietor of O'Neal's
Drug Store be asked to pay to Miss Winter a sum
of money equivalent to thirteen weeks' wages as a
compensation for her dissimal ". A copy of the
report was sent by the Governor's Deputy to
counsel for the respondents for the information
of your clients and such action with the view to
a settlement of the dispute as may be deemed
advisable." No action was taken by the respon-
dents and on the 16th September, 1955, the report
was published in the local press. In pursuance of
an agreement reached at a meeting of the Executive
Committee of the Union held on 9th September, at
which the appellants, save Williams, Ireland and
Samuel, were present, the respondents' premises
were on 17th September picketed by pickets
engaged by the appellant Lionel Hurst who gave
them their instructions; they were taken to the
premises by the appellant, Levi Joseph, the
Organizer. These pickets were paid for their
services and the placards and slogans used were
furnished by the Union. The picketing continued
until 3rd January 1956 when Judgment in the
action was delivered.

In their statement of claim the respondents
allege that:

(a) the first seven named and the last
named defendants and each of them
wrongfully and maliciously con-
spired and combined amongst them-
selves (with intent to injure the
plaintiffs and thereby compel them
to submit to the demand of the
Antigua Trades and Labour Union
to pay compensation to one Averyl
Winter, a former clerk in O'Neal's
Drug Store who had recently been
lawfully dismissed from her employ-
ment by the plaintiffs), wrongfully
and without legal authority to watch
and beset or cause or procure to be
watched and beset .the said business
places of the plaintiffs and the
approaches and entrances thereto in
such a manner as was calculated to
intimidate customers and prospective
ipurchasers.


(b) in furthe:'ance and execution of their
said conspiracy and combination the
said first seven named and the last
named defendants and each of
them wrongfully and without legal
authority caused or procured the
defendant Joseph Samuel and other
persons to the number of 12 or
thereabouts (hereinafter referred to
as the pickets) wrongfully and
without legal authority to watch and
beset the said business places of the
plaintiffs daily from the 17th day of
September, 1955, in such a manner
as is calculated to intimidate custom-
ers and prospective purchasers and
to obstruct the approaches thereto.
The first seven named and the last
named defendants and each of them
in acting as in this paragraph stated
acted for the purpose of intimida-
ting and preventing customers and
prospective purchasers from entering
the said business places and purchas-
ing therein.

(c) the first seven named and the
last named defendants on several
occasions on the 17th day of
September, 1955, and on divers
other occasions thereafter attended
outside the said business places of
the plaintiffs or in the vicinity there-
of and gtve encouragement to the
said pickets.

(d) the defendant Levi Joseph and the
pickets have by threats and acts
of violence and intimidation and
coercion prevented divers customers
and prospective purchasers from
entering the said business places and
purchasing therein.

(e) in the alternative the defendants
and each of them wrongfully and
maliciously conspired with intent
to injure the plaintiffs to create a
nuisance and did in pursuance of
their conspiracy create a nuisance by
the continuous shouts and other
noises of the pickets and by obstruct-
ing the approaches to the said
business places of the plaintiffs
thereby seriously interfering with
the comfort of the plaintiffs and the
ordinary enjoyment of the said
premises by them.

The respondents claim that as a result of the
actions of the appellants they have suffered damage
and they ask for an injunction restraining the
defendants, their servants and agents from unlaw-
fully watching and besetting the business places of
the respondents situate at the corners of Long and
Thames Streets and High and Thames Streets.







The appellants deny the conspiracy alleged
nnd any of the tortious acts attributed to them
whether jointly or severally but state that a trade
dispute had since the 11th day of June, 1955,
existed between the Union and the respondents,
and that in furtherance and in respect of the said
dispute the premises of the respondents had been
picketed and that such picketing had at all times
been carried out in ia lawful and peaceful manner.
At the trial of the action counsel on behalf of
the respondents again contended that there was no
trade dispute within the legal meaning of that term
in existence and consequently the appellants were
in no way protected. The learned trial judge
disagreed with this submission but on other
grounds gave judgfient for the respondents against
the appellants jointly and severally for 80 and
granted an injunction restrai;iing the defendants,
their servants and agents from watching and
besetting the business place, s of the respondents in
St. John's. Against this judgment the appellants
have appealed.
The respondents by cross appeal have also
given notice that they intend upon the hearing of
the appeal to contend:
(1) that the definition of the expression
workman in the Trade Unions
Act, 1939, does not include clerk;
(2) that the learned Judge was wrong in
law in holding that a trade dispute
existed between the respondents and
Averyl Winter represented by the
Antigua Trades and Labour Union;
and
(3) that the amount awarded as damages
is inadequate.
It is convenient at this point to refer to the
relevant statutory provisions; these are provided by
sections 2, 6 and 7 of The Trade Unions Act,
1939, as amended by the Trade Unions (Amend-
ment) .Acts 1942, 1947 and 1949. Section 2 of
the Trade Unions Act, 1939, hereinafter called the
principal Act provides:
"' Trade Union' means any combination
whether temporary or permanent, the
principal purposes of which are, under
its constitution, the regulation of the
relations between workmen and masters,
or between workmen and workmen, or
between masters and masters whether
such combination would or would not, if
this Act had not been enacted, have
been deemed to have been an unlawful
combination by reason of some one or
more of its purposes being in restraint of
trade: Provided that nothing in this Act
(a) shall affect-
(i) any agreement between
partners as to their own
business;
(ii) any agreement between an
employer and those em-
ployed by him as to such
employment;


(iii) any agreement in considera-
tion of the sale of the
goodwill of a business or
of instruction in any pro-
fession, trade or handicraft.
(b) shall preclude any trade union
from providing benefits for its members."
"workmen" includes labourers".
This section was amended by the Trade Unions
(Ammenent) Act, 1949, by the addition thereto
of the following definition:
'trade dispute' means any dispute or
difference between employers and work-
men, or between workmen and workmen,
connected with the employment or non-
employment, or the terms of employment,
or with the conditions of labour, of any
person."
The Trade Unions (Amendment) Act, 1942, added
after section 6 of the principal Act the following
provisions:
"6A. (1) An agreement or combination
by two or more persons to do or procure to be
done any act in contemplation or futherance
of a trade dispute shall not be indictable as a
conspiracy if such act committed by one person
would not be punishable as a crime.
(2) An act done in pursuance of an
agreement or combination by two or more
persons shall, if done in contemplation or
furtherance of a trade dispute, not be actiona-
ble unless the act, if done without any such
agreement or combination, would be action-
able."
6B. An act done by a person in
contemplation or furtherance of a trade dispute
shall not be actionable on the ground only
that it induces some other person to break a
contract of employment or that it is an inter-
ference with the trade, business, or employ-
ment of some other person, or with the right
of some other person to dispose of his capital
or his labour as he wills."
By the Trade Unions (Amendment) Act of 1947
section 7 of the principal Act was repealed and
replaced as follows:
7. It shall be lawful for one or more
persons, acting on their own behalf or on
behalf of a trade union or of an individual
employer or firm in contemplation or further-
ance of a trade dispute, to attend at or near a
house or place where a person resides or works
or carries on business or happens to be, if they
so attend merely for the purpose of peacefully
obtaining or communicating information, or of
peacefully persuading any person to work or
abstain from working."
Section 7 of the Act permits picketing where the
pickets attend merely for the purpose of peacefully
obtaining or communicating information or of
peacefully persuading any person to work or abstain








from working. It is therefore essential first to
ascertain whether the picketing was carried on in
accordance with the provisions of the Act or not.
The only evidence which relates to the obtaining or
communicating of any information to the public is
the statement of the appellant Hurst that it was
decided by the executive Committee of the Union
that he should if, before the publication of the
report the matter was not settled, take the necessary
steps to picket the business places with a view to
passing on information to the public as to the
exact position regarding the dispute." In reality
the evidence discloses that on the morning of 17th
September, 1955, the pickets carrying placards
arrived accompanied by a steel band playing, and a
large crowd. The appellant Samuel was one of the
pickets. They were installed around the premises
by the appellant Levi Joseph with much flourish,
fanfare and noise. Thereafter their behaviour was
of such a nature as to intimidate and prevent
people from going into the store and it is clear that
as found by the trial Judge, methods of obstruction,
coercion, intimidation and threats of personal
violence were used. On occasions the pickets kept
up a continuous shouting for sustained periods to
such an extent as to constitute a nuisance. The
appellant Samuel who was a local constable, at all
times took an active part in the picketing; in order
to attract attention he rang a bell on several
occasions; he told people they should not buy at
O'Neals and they would get into trouble with the
Police if they went into O'Neal's Drug Store. The
appellant Bird who is the President of the Union,
Lake a Vice President, Williams a Vice President
and Carrott also a Vice President visited the scene
of the picketing on more than one occasion and they
spoke to the pickets. The appellant Bird was
heard to tell the pickets that the Curio shop was
also included; thereupon the pickets moved towards
the Curio shop. The appellant Ireland was con-
tinually with the pickets, and on the first day, was
stationed there practically the whole day.

The Union published a newspaper styled
The Workers' Voice, official organ of the Antigua
Trades and Labour Union"; it is printed and
published by the Union at its office 46 North
Street, St. John's. In the issue of 18th September
there appeared on the front page on article under
prominent headlines:

"THE FIGHT IS ON: JUSTICE OR
BE DAMNED.
People Must Decide if O'Neals are Above the
Right and Privileges of the Worker.
The Executive of the Antigua Trades and
labour Union have broken off trade relation-
ship with O'Neal's Drug Store and open
conflict now wages.

Early on Saturday morning pickets were
stationed in the vicinity of the Drug Store in
an effort to demonstrate to the public the
resentment of the Union to the attitude
adopted by the O'Neals in the dismissal of
their Clerks.


ENDEAVOURED
The Union have endeavoured right through
to bring the matter to an amicable settlement
and departed from former procedures by going
to the extent of asking for an inquiry into the
Dispute. Even though the O'Neal's recog-
nised at first a dispute existed and attended
meeting under the Labour Commissioner it
seemed that some last minute adviser prompted
them to ignore the whole question.
They insulted the government by refusing
to attend the Board of Inquiry appointed by
the Acting Governor. They were notified
three weeks ago of the recommendations of the
Board and the Government asked the matter
be settled. To the present moment they have
even refused to acknowledge receipt of the
findings of the Board of Inquiry so adding
further insult to injury.
PRINCIPLES
Public opinion has been brought to play in
this case. If it is felt by the O'Neals and
their advisers that injustice should stand before
accepted civilised principles and that human
beings and causes should be treated contempt-
uously the public of Antigua will decide. The
Trades Union asked for no trouble only sought
to right a wrong. If the O'Neals are stronger
than the will of the people the coming days or
even years will decide. The fight is on."
The appellant Novelle Richards, Treasurer of
the Union is the Editor of this paper and one of
the members present at the meeting of the Execu-
tive Committee of the Union when the resolution
to picket was passed.
We must here refer to the statement in the
evidence of Edmund Joseph Blaize, Assistant
Superintendent of Police that to my knowledge
the Commissioner of Police has complimented the
pickets for the manner in which the picketing was
carried on; that was done on 17.9.55, that was
done through me. I spoke to the defendant Bird
between 5-6 p.m. The message was given me by
the Commissioner between 3 and 4 p,m." This
evidence is valueless; it is heresay and should never
have been admitted; on what this opinion is based
or what prompted it is not known. It was all too
previous, made on the first day of the picketing.
For what purpose it was elicited, save to create an
aura of prejudice in favour of the appellants at the
trial, is difficult to discover. If that were the
opinion of the Commissioner of Police it might
have been profitable if he had given such opinion
on oath and the grounds on which it was based, for
then the respondents would have had an opportu-
nity of testing it under cross-examination; this
opinion was communicated to the pickets and could
only have served to encourage them in their conduct
and actions. It is to be noted that there is no
comment or expression of opinion attributed to him
for the remaining period from 18th September,
1955, to 3rd January, 1956. It is of value to
compare the above opinion attributed to the Com-








nissioner with the sworn evidence of Cardigan
Stevens, Collector of Customs who stated that on
17th September "the noise was so awful that he
telephoned the Police and spoke to the Commis-
sioner himself," and it makes readily understanda-
ble the evidence of Miss Gertrude O'Neal when she
says surprisingly no arrests were made even when
people were surrounded and intimidated."
The learned trial Judge summed up the
situation in the following words:
"Having given careful attention to
these and the other arguments advanced by
learned counsel for the defence, I am,
nevertheless, after the fullest consideration
of the evidence of all the witnesses I have
had the opportunity of hearing and observ-
ing, of the opinion that the particular
incidents mentioned by me as having been
related by Gertrude O'Neal, Linda O'Neal,
Victoria Frederick, Cardigan Stevens and
Iris Barrow did take place, and that their
.accounts of them are substantially correct;
these persons impressed me as being essen-
tially truthful witnesses, whatever their
feelings towards the Union. Their evidence
shows, among other things, that from the
inception of the picketing the pickets who
were sent by the defendants to carry out the
objects of the picketing, and who were
instructed in their duties by the Defendant
Hurst and posted and supervised by the
Defendant Levi Joseph (both of whom were
present when the whole subject of the
picketing was discussed in Executive Com-
mittee), have been telling people in forceful
language that they must not buy from
O'Neal's."
There is abundant material from which the
learned trial J judge could so find, and we endorse
that finding. It cannot therefore he doubted
that the means and measures adopted by the
appellants to carry out the object of their conm-
bination wtre unlawful. Moreover an agreement
by two or more persons to picket or to do a
wrongful act calculated as its natural and proba-
ble consequence to produce injury, and in fact
producing injury, is an actionable wrong; this
statement of law is modified by the Trade
Unions Act, 1939, which gives immunity to the
actors if the acts complained of are done in
contemplation or furtherance of a trade dispute;
it goes further and defines the purposes for
which picketing will be permitted. The burden
therefore falls on the appellants who claim the
protection of section 7 to prove that their acts
fall within the ambit of that section.
The evidence is that the pickets carried
placards hearing these slogans:-" Workers must
be respected "; Strike on here '; Protest
against unjust dismissal "; "Hold the line";
"Workers' security is challenged"; Join the
fight against injustice." It is fitting at this
stage to refer to the evidence of appellant Levi
Joseph who was for seven years the Organiser of


the Union, and who gave the pickets the
placards; he affected at first not to know the
meaning of a strike and said "I call a trade
dispute a strike because I consider this the last
resort I consider it a strike"; he was however
forced later to admit that he knew what a strike
was and said it was a cessation of work by
workers but that he did not know if there was
a cessation of work by the workers in O'Neal's.
They have failed to produce evidence to show
that the purpose of their picketing was peace-
fully to obtain or communicate information or
peacefully to persuade any person to work or
abstain from working; or that they acted in
compliance with the requirements of the section.
A guide to the real object of the picketing
appears in the evidence of Appellant Edmund
Lake, a member of the Executive Committee
and a second Vice President of the Union, an
elected member of the Legislative Council and
of the Executive Council of the Government of
Antigua; he said:

"Up to time picketing started the
other side apart from meeting at Labour
Commissioner's Office had refused to nego-
tiate with us; by bringing public opinion
to hear on the matter 1 mean that members
of the public might even encourage O'Neals
to negotiate."

It has been submitted by council for the
appellants that the trial judge found the pre-
dominant object of the appellants was to further
their own interest and that since that is so they
are absolved from blame if any harm came to
the respondents. In his judgment the learned
trial Judge said It is clear that although the
predominant object of the picketing here is the
furthering by defendants of their own interests,
there are other objects in mind and that unlaw-
ful means amounting to obstruction, coercion
intimidation and threats of personal violence
have been used ". We are not satisfied that this
statement contains a definite fining that the
main purpose of the alleged conspiracy was to
further the appellants' legitimate interests, still
less are we convinced that there is sufficient and
satisfactory evidence on which a conclusion
could be reached that the predominant object of
the picketing was the furthering of the appell-
ants' own interests; even if the latter be so it
would be of no avail for the word merely has a,
definite value and was introduced into section 7
for a specific purpose. We are therefore in-
clined to the view that the learned Judge can
only 1le understood to mean that since there are
other objects of the picketing apart from the
purposes mentioned in the section, the immunity
provided by the section could not inure for the
benefit and protection of the appellants. In
commenting on section 2 (1) of the Trade Dis-
putes A\ct, 1; 0( which is the same as section 7
of the Trade Unions Act 1939, Sophian in his
book, Trade Union Law and Practice (1927
Edition) at page 2a3 states:-







Attention must also he drawn to the
word "merely" in sect. 2 (1) of the Trade
Disputes Act, 1906. The acts will he
entitled to protection, celeris paribus, if they
were done 'merely' for the purpose of
peacefully obtaining or communicating in-
formation, etc. If they are done for any
other purpose, as, for example, if they are
dictated by political or personal motives,
they will not be protected. (M'Cusker v.
Smith (1918) 2 I.t. 434, 439)."
This expresses our view.
Proof of the existence of a conspiracy is
generally a matter of inference which may be
gathered from the acts of the parties alleged to
be conspirators and from the circumstances of
the case; evidence is seldom available of the
actual plot by the persons concerned. The
minutes of a meeting of the Executive Com-
mittee of the Union held on Friday 9th
September, 1955, have been put in evidence;
on this question it is recorded:
"BusINESS ARISING FROM MINS:
The report from the Board of Inquiry
set up by the Acting Governor to go into
the dispute with Miss O'Neal and the Trade
Union was discussed, and it was agreed that
the General Secretary should get in touch
with His Honour the Administrator to find
out if the O'Neals had replied to his letter.
The General Secretary got in touch
with His Honour and he was informed by
him that he had not received a reply, but
the Acting Governor will return to the
Presidency on Tuesday 13th and he will
discuss the matter with him, and at the
same time inform him that the Trade Union
is requesting that the Report should be
published.
After receiving that information the
following resolution was unanimously
adopted.
Be it resolved that provided up to
the time of the publication of the Board's
award the dispute between Miss O'Neal and
and the Trade Union is not settled, the
General Secretary should take the necessary
steps to picket the business premises.' "
An examination of the evidence clearly
reveals not only what was the real intention of
the appellants but also the nature of their agree-
ment at the material time. Their external acts
and their conduct show that by mutual consent
and acquiescence thay had a common purpose,
that is, to cause injury to the respondents and
bring them into subjection by employing means
which were manifestly unlawful.
It now falls to be decided whether there was
a trade dispute arising out of the dismissal of
Miss Winter. Whether there is one is always
a question of fact but it is a question of law


whether the circumstances are such as would
constitute a stride dispute. In order that a dis-
pute may Ie a tr.dte dispute at all, a workman
must be a party to it on each side, or a work-
man on one side and an employer on the other and
an act done in furtherance of a dispute is not
protected unless the dispute he one of that
character. CO'nway r. IVade: 1909 A.C. at p.
517). It is common ground that previous to,
1lth June, 1955, when Miss Winter wans dis-
missed there was no dispute or difference between
the respondents and Miss Winter or any other-
employer or employee but that if any did arise
it could only aise out of or after the dismissal.
Subsequently to the dismissal there arose a
difference between the Union and the respon-
dents over the amount paid by respondents to-
Miss Winter in lieu of notice, aid indeed the
Union later asked for her reinstatement; but
none of the other employees of the respondents,
took any part in it or (omlplained, nor did any
employee or employer in ony way demonstrate
or voice his disapproval of the respondents'
actions. The Union made no attempt at any
time to ascertain the reactions of the other
employees of the respondents or of any other
employees but contented themselves with making
the demands to which reference has already
been made. In the course of his evidence appel-
lant Levi Joseph, the Organiser said Instruc-
tions to pickets were given by General Secretary
-that they were to pass on inform:ition that
a trade dispute exists between O'Neal's Drug
Store and the Trade' Union. The information
passed on was that a trade dispute exists."
Appellant Lake, senior Vice President of the
Union said The resolution was discussed before
it was acted on. Tle object of the picketing
was discussed. The object of it--according to
the consensus of opinion--was to make known
to the public that a trade dispute exists between
the Union and O'Ncal's and to bring public
opinion to bear on the matter." It is manifest
therefore that since the'e was no difference sub-
sisting at the date of the dismissal of Miss Winter,.
whose services apparently were legall termin-
ated, and that no employer or employee raised
any question upon it or showed any dissatisfac-
tion over or on any terms of employment or
non-employment connected therewith there was
no trade dispute within the meaning ot tile Act.
Furthermore, the evidence of two of the princi-
pal officers of the Union and members of the
combination expressed clearly that a trade
dispute existed between the Union and the
respondent employers. Moreover the appellants
in their statement of defence relied on and
pleaded that a trade dispute has since the 11th
day of June, 1955, existed between the Antigua
Trades and Labour Union and the plaintiffs ";
and it is in furtherance of this dispute that the
appellants claim justification for picketing the
premises of the respondents. In R. v National
Arbitration Tribunal 1941 2 All E.R. at p. 800
where the definition of Trade Dispute ", simi-
lar in terms to the definition in the Trade Unions
Act 1939, under review, was discussed, Bennett








J. at p. 814 said: A difference between a trade
union and an employer of labour cannot upon
any interpretation of the language of the statu-
tory definition, be a trade dispute," We adopt
these words and we are of the view that there
,did not and cannot within the language of the
Act exist a trade dispute between the Union and
-she respondents.
As regards the point raised in the cross
appeal as to the meaning of workman, counsel
for the respondent submitted that Miss Winter
was not a w\orknman within the meaning of the
Act and the term does no. include shop assistant.
He referred to Whatoln's law lexicon 14th
Edition which says Workman means those
'earning their livelihood by manual labour".
The dehinitioiti in the Act. si:iiply states Workmen
includes labourers." Counsel for the appellants
urged that in order to get the real meaning of
Workman" the "associate legislation" The
Trade Dispute (Arbitration and Injuiry) Act, 1939,
section 2(1) must be considered; there, he submitted
the section made it abundantly clear that clerical
workers are not excluded. We remark that the
-definition of workman in the Trade Disputes
Act is limited by the words in the section For the
purposes of this Act." If the legislature intended
it to be extended to the p-ovisions of other acts it
would not have used the words of limitation. Our
duty is to administer the hLw as we find it and not
by strained interpretations to usurp the functions
.of the legislature which al,tne can amend.
The test whether a i.pson earns his living by
manual labour is whether such manual labour is his
real or substantial employment or whether it is
incidental and accessory to such employment.
Miss Winter's employment was substantially that
,of dealing with customers in a shop; there are other
,duties which are incidental, for instance, she may
have to show goods and if the customers purchase
the goods she would have to make up the parcels.
This is manual work as she has to use her hands
*but in our view that is not manual labour and does
anot bring, her within the meaning of workman"
as defined in the Act.
Bound r. Lafrrnc('e 1892 1 Q.B.D. p. 226
Cook ". The North Metropolitan Trainways
Co. 18 Q.B.D. p. 683.
We find that an actionablee conspiracy has been
proved; for the reasons hereinbefore stated we
li ve reached the conclusion that the picketing was


illegal and was carried out by unlawful means; we
also hold that no trade dispute existed at the time
of Miss Winter's dismissal or at ttie time the agree-
ment to picket was reached, or at all; and further
that Miss Winter was not a "workman" within
the meaning of the Trade Unions Act. The
appellants fail in their appeal on all issues.
It has been argued that the damages awarded
80 are inadequate. The onus is on the respon-
dents to prove the actual financial loss sustained;
even though the exact amount was not ascertained
there cannot be any doubt that some financial loss
was incurred. The respondents had full opportu-
nity to prove the decrease in the volune of their
trade which they claimed and the actual pecuniary
loss suffered as a result of the picketing; this they
failed to do. Apart from that however damages
are at large once actual financial loss is proved as is
stated by MlcCardie J in Pratt v. The British
Medical Association (1919) 1 K.B. atp. 281 "The
Court once actual financial loss be proved may
award a sum appropriate to the whole circumstances
of the tortious wrong inflicted". The picketing
started on 17th September, 1955, and continued
until 3rd January, 1956. Ihe Judge in coming
to the conclusion that the sum of 80 was adequate
must have taken into consideration the fact that in
his view a trade dispifte had existed and that the
picketing in itself would be lawful; he however
found that it was carried out in an illegal manner.
It was on that basis he awarded the sum aforesaid.
We have found that there was no tiade dispute in
existence and therefore no justification for the
subsequent acts. in these circumstances we think
the sum awarded is inadequate and we increase it
to 100-($480).
The appeal is dismissed with costs and the
cross appeal is allowed. The Judgment of the
learned trial judge is varied in respect of the
damages which we fix at 100-($480). The
order in the Court below is in all other respects
affirmed.

J. MATHIEU-PEREZ,
Chief Justice, Trinidad and Tobago.
DONALD JACKSON.
Chief Justice, Windward Islands
and Leeward Islands.
F. W. HOLDER,
Chief Justice, British Guiana.
9th April, 1957.


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


[Price 12 cents.]






Pensiomsi (Iac;'ease)


ANTIGUA.

No. of 1957.

BILL FoR.
An Ordinance to authorise a further increase of
pensions payable in respect of public service.
[1st January, 195(6. Commence-
ment.
ENACTED by the Legislature of the Colony
of Antigua.

1. This Ord.iance may he cited as the Short title.
Pensions (lncrea e) Ordinance, 19)57.

2. In this Ordinance- Interpretation.

"the Act of any specified year means the
Pensions (Increase) Act of that year;
Governor means, in the case of a pensioner
whose services were whollv under the
Government of the Colony, the officer for
the time being administering the Govern-
ment of the Colony and in all other cases
the Governor of the Leeward Islands;


A.-


No. o( 1. 7.


ANTIGUA.








"pension" means any pension payable under
the provisions of any law mentioned in
the First Schedule to this Ordinance:
Provided that the said expression
does not include any gratuity and does
not include any sum payable otherwise
than by way of periodical payments, and
accordingly the provisions of this Ordi-
nance shall not have effect with respect to
any pension which has been commuted,
and where a part of any pension has been
commuted, those provisions shall not
have effect with respect to that part
thereof.

Increase of 3. (1) Subject to the provisions of this
pensions pay- Ordinance, any pension specified in the First
able on retire- ,
ment from Schedule to this Ordinance may be increased by
service in the the Governor to the extent authorised by the
Colony. Second Schedule to this Ordinance:


Provided that no increase shall be made under
this section in respect of any pension calculated on
pensionable emoluments received after the 31st day
of December, 1951.

(2) Subsections (2) and (4) of section 3 of
the Act of 1947 (which define the circumstances in
which a pension may be increased under that
section) shall apply for the purposes of this section
as if any reference in those subsections to the said
section 3 included a reference to subsection (1) of
this section; and, subject to the next following
subsection, in the application of those subsections
for the said purposes, the expression dependentt ",
in relation to a pensioner, shall be construed as
meaning a person who the Governor is satisfied is
wholly or mainly supported by the. pensioner and
who either has not attained the age of sixteen
years or, having attained that age, is either receiv-
ing full-time instruction at an educational establish-
ment or undergoing training for a trade, profession
or vocation in such circumstances that he is required
to devote the whole of his time to that training for
a period of not less than two years.


ANTIGUA. 2~


Pewsions (Inemase)rs


No, (J I 1:,7.








(3) Where, immediately before the first day
of January, 19656, an increase under the Act of
1947 or the Act of 1953 was payable in the case of
a pension by reason only that some person was a
dependant of the pensioner by virtue of subsection
(3) of section 3 of the Act of 1947, then, so long
as the Governor is satisfied that that person
continues to be wholly or mainly supported by the
pensioner, that person shall be deemed to be a
dependant of the pensioner for the purposes of the
application of subsection (2) of section 3 of the Act
of 1947 to increases under subsection (1) of this
section:

Provided that-
(a) this subsection shall only apply to
a person by virtue of paragraph (a) of
subsection (3) of section 3 of the Act of 1947
so long as that person would continue to be a
dependent of the pensioner under subsection
(2) of this section if the words from "in
such on wards were omitted therefrom;

(b) where this subsection applies to any
person by virtue of paragraph (b), (c) or (d)
of subsection (3) of section 3 of the Act of
1947 and an increase under subsection (1) of
this section is payable in the case of a pension
by reason only that ttlit person is deemed
under this subsection to be a dependant of the
pensioner, the annual rate of that increase
shall be reduced in respect of any period by
the amount, if any, by which the Governor is
satisfied that the total income in that period of
that person from any other source exceeds
seven hundred and forty eight dollars and
eighty cents a year.

4. (1) Where a-pension is determined by Increase in
reference to a rate of emoluments paid by a the case
of mixed
Government or authority other than the Govern- pensions.
ment of the Colony the Governor may, in his
discretion, but subject to the provisions of subsec-
tion (2) and subsection (3) of this section, autho-
rise the payment of an increase of such pension.


Pens~ions (Incrleaqe)


No. of l1' ..


3 ANTIGiTA,





AN1TIGUA. 4


Pens~i,. r (in errose)


No. of I .7,


(2) In exercising the discretion mentioned in
subsection (1) o ithis section the Governor shall
have regard to) the rieoluments by reference to
Slih.h the pension was computed and to any
increase of such emoluments in consequence of any
general revision of salaries.

(3) Where a payment of an increase of pension
is authorized by virtue of the provisions of sub-
section (1) of this section such increase shall be
to the like extent ias is authorized by subsection (1)
of section 3 of this Ordinance in the case of a
pension to which that section applies.

Extension of 5. For the purposes of an increase under
increases ,- section 3 of the Act of 1947 in any pension--*
der Pensions
(Increase)
oAt. 1!47, (a) any restriction on the making of
(10/1947). such an increase, or on the amount of the
increase, imposed by that Act by reference to
the income of the pensioner shall cease to have
effect;
(b) the amount of the increase shall be
that applicable if the pensioner were a married
person, whether or not he is in fact a married
person;

(c) the upper limit of the amount of a
pension which may be increased by two
hundred and eighty eight dollars a year shall
cease to have effect.


Extension of 6. For the purposes of an increase under the
increase, un- Act of 1953 in any pension-
der Pensions
(Increase)
Act, 1953,
(201953). (a) any restriction on the making of
such an increase, or on the amount of the
increase, imposed by that Act by reference to
the income of the pensioner shall cease to
have effect;
(b) the amount of the increase shall be
that applicable if the pensioner were a married
person, whether or not he is in fact a married
persein







No. -. 1 7. Pensions (Ilcrease) \N I I;UA.
7. (1) Subsection (3) of section 3 of the Other amend-
Act of 1947 (which define the expression depend- of 1947 an
ant" for the purposes of that section and the Act of 1953.
Second Schedule to that Act) shall cease to have
effect, and for the purposes of the said section 3
and of section 3 of the Act of 1953 the expression
dependentt shall have the meaning assigned
thereto by subsections (2) and (3) of section 3 of
this Ordinance, with the substitution in the said
subsection (3) for lny reference to an increase
under subsection (1) of section 3 of this Ordinance
of a reference to an increase under section 3 of the
Act of 1917 or, as the case may be, of the Act of
1953.
(2) The Act of 1947 shall have effect and be
deemed always to have had effect as if for para-
graph 7 of the Second Schedule to that Act there
were substituted the following paragraph:-
"7. Where a person in receipt of a
pension specified in the First Schedule to this
Act is also in receipt of another pension so
specified, both of those pensions shall be
w.-_ Ir- t,.i, ,1 and the amount which would have
been the authorized increase of a single pension
equal to that 0-, .- ii if that single pension
had been a pension specified in the said First
Schedule shall be apportioned between the
pensions in the proportions which they bear to
one another, and the amount so apportioned
to any pension specified in the said First
Schedule shall be the authorized increase of
that pension."
8. In calculating the amount of any pension Supplemeut-
for the purposes of the Act of 1947 or the Act of ary provisions.
1953, any increase for which provision is made by
section 3 of this Ordinance shall be disregarded.
9. The Acts specified in the Third Schedule Repeal.
to this Ordinance are hereby repealed to the extent
specified in the third column of that Schedule.
10. This Ordinance shall be deemed to have Commence-
come into operation on the 1st day of January, meant.
1956.


President,







ANTIGUA. 6 Pensis (Increase) No. of 1951.
Passed the Legislative Council this day
of 1957.



Clerk of the Council.



*FIRST SCHEDULE.

Pensions which may be increased under section 3 or
section 4 of this Ordinance.

Cap. 130. 1. A pension payable under the Pensions
Act, and any amendments thereto.

121947. 2. A pension payable under the Pensions
7/t193. Act, 1947 and any amendments thereto.
4/1955.
6/1156.
S. R. & O.
23/1956.
10/1951. 3. A pension payable under the Police
Pensions (Preservation of Rights) Act, 1951.

12/1951. 4. A pension payable under the Police Act,
./allr3. 1951, and any amendments thereto.
13/1955.

7/1931. 5. A pension payable under the Denomina-
4/1934. tional School Teachers Pension Ordinance, 1931,
17/1947.
1111949. a amended.
/11964.







Pen sins (th.-rea7e)


SECOND SCHEDULE.
Rate of Increase of Pensions.
1. Subject to the provisions of this Schedule, the increase
under section 3 (in this Schedule referred to as the authorisedd
increase") in the case of a pension in respect of which such an
increase is authorised or required to be made (in this Schedule
referred to as a "relevant pension ") shall be ten per cent of
the basic rate of the pension or $480 a year, whichever is the
less.

2. (1) Where a pensioner is in receipt of two or more
relevant pensions in respect of services rendered by the same
person, the authorized increases of those pensions shall not in
the aggregate exceed the amount which would represent the
authorised increase if those pensions were a single relevant
pension at a basic rate equal to the aggregate of the basic rates
of those pensions; and where the said increase, as ascertained
apart from this paragraph, would exceed that amount, the
increase in the case of each of the pensions shall be calculated
by dividing the amount between them in proportion to the said
increases as ascertained as aforesaid.
(2) For the purposes of this paragraph, a person for
whose benefit a pension is payable shall be deemed to be in
receipt of the pension notwithstanding that it is payable to
some other person.


N.. of 1957.


7 ANTIGUA.







ANTIG TA, 8


Short title.

The Pensions (Increase)
Act, 1947 (No. 10 of
1947)













The Pensions (Increase)
Act, 1953 (No. 20 of
1953).


Pen'9iomm (iInc'eans
THIRD SCHEDULE.

Enactments repealed.


No. of '7


Extent of Repeal.

(a) In section 2, subsection (2);
(b) In section 3, the proviso to
subsection (1), and subsection
(3);
(c) The whole of section 4;
(d) In the Second Schedule-in
paragraph 2 the words
Where a pensioner is mar-
ried or has at least one
defendant then", the words
"but does not exceed $1872
a year in sub-paragr;ph (d),
the word "and" at the end
of sub-paragraph (d), sub-
paragraph (e), and paragraphs
3, 4, 5 and 6.
(a) Subsection (2) of section 2;
(b) Subsection (2) of section 3;
(c) Subsection (2) of section 5;
(d) In the Second Schedule-in
paragraph 1 the words and
symbols "-((/) where the
pensioner is married or has at
least one dependant,", sub-
paragraph (b), in the heading
to the second column of the
Table the words where pen-
sioner is married or has at
least one defendant", the
third column of the Table,
and paragraph 3.
(e) In the Third Schedule-the
entries relating to subsection
(3) of section 3 and to section
4 of the Act of 1947.









OBJECTS AND REASONS.

The object of this Bill is to increase pensions in the Colony
in a manner similar to such increases in the United Kingdom
under the provisions of the United Kingdom Pensions
(Increase) Act, 1956, (4 & 5 Eliz. 2 Ch. 39).

2. The Bill seeks to make provisions for-

(a) the removal of the income limits and pension
limits governing the award of increases under the Pensions
(Increase) Acts of 1947 and 1953;

(b) the abolition of the lower rates of increases
formerly payable under the abovementioned Acts to
pensioners who are unmarried or who have no dependant
with the result that all pensioners will receive the same
rate of increase whether or not they are married or have a
dependent;
(c) a further increase of 10% of basic pension, subject
to a maximum of $480 in respect of any pension calculated
on pensionable emoluments received on or before the 31st
December, 1951;

(d) the said provisions to be effective from the 1st
day of January, 1956.

3. The Bill is being introduced in keeping with the
Secretary of State's Circular Despatch No. 745/56 of the 13th
July, 1956.
W. E. JACOBS,
Attorney General.

Attorney General's Chambers,
St. John's,
Antiqua.
16th March, 1957.






Printed at the Government Printing Office, Antigua, Leeward Islands,
by E. M. BLACKMAN, GOVERNMENT PRINTER.-By Authority.
1957.
-4.57. [Price oents.]



&'-


Pensions (Increase)


9 ANTIG;UA.


No. of 1957.





o, (f 1!);7. YV-trses Reii/ru r a'n
(Amrpen dine ),


ANTIGUA.

No. of 1957.


BILL FOR


An Ordinance to amend further the Nurses
Registration Ordinance, 1954.
S] Commence-
ment.
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the Nurses Short title.
Registration (Amendment) Ordinnnce, 19.57, and
shall b.- r :li as one with the Nurses Registration
Ordinance, 1954, as amended, hereinafter called the 14/io4.
Principal Ordinance., 41'5hi


2. The Schedule to the Principal Ordinance
is hereby amended as follows:-

(a) by substituting the words "the
M,.dI;, il Board of Antigua" for the words
the Medical Board established in the .1Ml-ic.l
1RIgistrnition District of which the Presidency
of Antiygu forms a part wherever the latter
words occur in the said Schedule; and


Amendment
of Schedule
to the Princi-
pal Ordinance,


ANTITA,.






ANTIGUA. 2 Nurses Registration No. of 1957.
(Amendment).

(b) by substituting the words "not
exceeding four years for the words not
exceeding two years" in paragraph 3 of the
said Schedule.

President.
Passed the Legislative Council this day
of 1957.


Clerk of the Council.
OBJECTS AND REASONS.

In paragraph 3 of the Schedule to the Nurses
Registration Ordinance, 1954, provision is made
whereby the first members of the Nursing Council
shall hold office for not less than one year and not
exceeding, two years from the commencement of
the Ordinance, as the Governor in Council may
determine.
2. The Ordinance commenced on the 29th
November, 1954, but, up to the present, the first
members of the Council have not been appointed.
3. As a result, the time for the appointment
of the first members of the Council has expired and
this Bill seeks to extend the said period from two
to four years to enable the first members of the
Council to be appointed.
4. The.opportunity has been taken to make
necessary minor amendments to the Schedule to
the said Ordinance.
W. E. JACOBS,
Attorney General.
Attorney General's Chambers,
St. John's
Antigua,
16th March, 1957.
Printed at the Gtovernment Printing Office, Antigua, Leeward Ilannds,
by E. M. BLACoKMA, Government Printer.-By Authority.
1957.


-4.57.


[Price cents.l





No. of 1957. Cotton (levy) (Amendment).



















MO( NTSERRAT.

No. of 1957.

BILL FOR

An Ordinance to amend farther the Cotton (levy)
Ordinance, 1934.

[ i
ENACTED by the Legislature of the Colony
of Montserrat.


MONTSEBRAT.


Commence-
ment


1. This Ordinance may be cited as the Cotton Short title.
(levy) (Amendinent) Ordinance, 1957, and shall
be read as one with the Cotton (levy) Ordinance, Ijl/4.
1934, as amended, hereinafter called the Principal l/l:17.
Ordinance.


2. The following section shall be substituted
for section 3 of the Principal Ordinance:-

"Impo. 3. There shall be and is hereby im-
sition
of posed upon all cotton exported from the
levy. Colony a levy at the rate of one and a half
cents on every pound of cotton so exported:
Provided that the Governor in Council may
from time to time vary the rate of such levy


Substitution
of section 3 of
the Prinoipal
Ordimnaie.


/ ~

A.






Cotton (l','y) (Amendment). No. of 1957.


so that the same shall not exceed two cents
per pound: Provided further that such levy
shall not be payable with respect to any cotton
reaped during any year prior to 1956 ".

Amendment 3. Section 6 of the Principal Ordinance is
sfe tion p of hereby amended by substituting the words West
Ordinance, Indian Sea Island Cotton Association (Incor.
porated) for the words West frli:m Cotton
Growers' .\ Foc'iat ion ",


President,

Passed the Legislative Council this day
of 1957.


Clerk of the Council.


OBJECTS AND REASONS.

The West Indian Sea Island Cotton Association (Incor-
porated) has increased the cess payable to the Association on
cotton exported from Montserrat to one and a half cents per lb,
The object of this Bill is to increase the export levy on cotton
to enable the increased cess to be paid.
2. The limit within which the Governor in Council may
vary the levy has been correspondingly increased.
3. Opportunity is being taken to alter the name of the
Cotton Growers' Association appearing in actionn 6 of the
Principal Ordinance to the West Indian S a Island Cotton
Association (Incorporated)-its present name.


Crown Attorney.




P-rinted at the G.-ernnment Printing Oftle. Autigua. L ,ewaird kislIhns,
by E. M. BLACKM1'.,. governmentt Printer--y Authority.
1957.


MONTSnRRAT. 2


47/004199- -4,57.


I rice cents.









ANTIGUA.

STATUTORY RULES AND ORDERS.

1957, No. 11.

Proclamation dated 16th April, 1957, declari r Close Season'
for Cotton. f
BY THE GOVERNOR.
A PROCLAMATION.
ALBE LoV Bt-
Adnii

WHEREAS under section 3 of the Cotton Protection Ordinance,
1922 (No. 7 of 1922),.as amended by the Cotton Protection Amendment
Ordinance, 1926 (No. 5 of 1926), it is provided that the Governor in
Council may from time to time by Proclamation published in the
Gazette declare any period of each year to be a close season for cotton
and for such other plants as may be specified in any such Proclamation
either for the whole Colony or for such area or areas thereof as may be
specified in such Proclamation:
NOW THEREFORE I, ALEC LOVELACE, a member of the Most
Excellent Order of the British Empire, Administrator of the Colony of
Antigua, do by this my Proclamation declare that the period from the
seventh day of May, 1957 to the fifteenth day of August, 1957, both
days inclusive, shall be a close season within the meaning of the said
Ordinance for the whole of the Colony of Antigua, excepting that area
of land situate at Friars Hill under the control of the Central Cotton
Station.
AND I do hereby order all occupiers of land, in pursuance of the
said Ordinance, completely to uproot and burn all cotton and okra
plants and all or any portion of the same growing or remaining on any
such land occupied by them before the first day of the said close
season.
AND I do further declare that any person who sows or plants or
causes to be sown or planted any cotton or okra in any part of the said
Colony during the said close season shall b& guilty of an offence under
the said Ordinance.
GIVEN at the Administrator's Office, Antigua, this 16th
day of April 1957, in the sixth year of Her
Majesty's reign.
GOD SAVE THE QUEEN!


Printed at the Government Printing Office, Antigua, Leeward Islands
by E. M. BLACKMAN, Government Printer-By Authority.
1957.
-480-4.57 [Price 3 cents.]


~~*~** ~ ~ I




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs