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 Antigua, Ordinance, no. 2 of 1957:...
 Antigua, Ordinance, no. 3 of 1957:...
 Antigua, Ordinance, no. 4 of 1957:...
 Antigua, Ordinance, no. 5 of 1957:...
 Antigua, Ordinance, no. 6 of 1957:...














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/UF00076853/00055
 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: VID00055
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 123
        Page 124
        Page 125
        Page 126
        Page 127
    Antigua, Ordinance, no. 2 of 1957: Crown Proceedings (Amendment) Ordinance, 1957
        Page A-1
        Page A-2
    Antigua, Ordinance, no. 3 of 1957: Publication of the First List of Voters (Extension of Time) (Amendment) Ordinance, 1957
        Page B-1
        Page B-2
    Antigua, Ordinance, no. 4 of 1957: Registration of United Kingdom Patents Act (Amendment) Ordinance, 1957
        Page C-1
        Page C-2
    Antigua, Ordinance, no. 5 of 1957: Emergency Powers (Hurricane, Earthquake, Fire or Flood) Ordinance, 1957
        Page D-1
        Page D-2
        Page D-3
        Page D-4
    Antigua, Ordinance, no. 6 of 1957: Stamp Act (Amendment) Ordinance, 1957
        Page E-1
        Page E-2
Full Text







THE

ANTIGUA, MONTSE

AND

VIRGIN ISLANDS

published by c/auith y


FRIDAY, 14T''H JUNE,


Notices.


It is hereby notified for general
information that Mr. 0. L Williams,
B.Sc., Principal, United Kingdom
Treasury, has leen appointed, on
secondment to the post of Economic
and Financial Adviser, Leeward
Islands.
He arrived in Antigna on the 9th
June, 1957, and has assumed duty.
Chief Secretary's OYfice,
Antqigua.
11th June 1957
Bef. No. r.F. 706

No. 65.
CONFIRMATION OF ACT AND
ORDINANCE


The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercised in respect of the
andermcntioned Act & Ordinance:-

ACT.
No. 8 of 1956, The Supplementary
Appropriation (1954) Act, 1956."
Ref. No. 47/00003.
ORDINANCE.
Montserrat.
No. 5 of 1957, "The Workmen's
Compensation Ordinance, 1956".

Chief Secretary's Office,
Antigua.
5th June, 1957.
Ref. No. 47/00360-1-I.

No. 66.
The following Ordinances are cir-
culated with this Gazette and form
part thereof:-
Antigua.
No. 2 of 1957, "The Crown Pro-
ceedings (Amendment) Ordinance,
1957." 2 pp. Price 40.
No. 3 of 1957. "The Publication of
the First List of Voters (Extension of
Tim e) (Amendment) Ordinance,
1957," 2 pp. Price 40.




/ zi


No. 4 of 1957, "The Registration
of United Kingdom Patents Act
(Amendment) Ordinance, 1957."
2 pp. Price 4c.
No, 5 of 1957, The Emergency
Powers (Hurricane, Earthquake, Fire
or Flood) Ordinanc 1957 "
4 pp. Prie 6c.
No. 6 of 1957, "The Stamp Act
(Amendment) Ordinance, 1957."
2 pp. Price 4c.

Aid to Pioneer Industries
In pursnance of the requirements
of section 3 (2) (a) of the Aid to
Pioneer Industries Ordinance, 1950
(No. 9 of 1950) it is hereby notified
for general information that the
Governor in Council proposes to
make the undermentioned Order
under section 3 (1) of the said Ordi-
nance. Any person who objects to
the making of such Order shall give
notice in writing of his objection and
of the grounds on which lie relies in
support thereof to the Clerk to the
Executive Council on or before their
30th day of June, 1957.
F. A. CLARKE,
Clerk, Executive Council.

Order made by the Governor in Council
under section 3 (1) of the Aid to
Pioneer Industries Ordinance, 1950
(No. 9 of 1950).
1. This Order may be cited as the
Aid to Pioneer Industries (Manufac-
ture of Confectionery) Order, 1957.
2. The manufacture of confec-
tionery is hereby declared to be a
pioneer industry for the purposes
of the Aid to Pioneer Industries
Ordinance, 1950 (No. 9 of 1950) and
hard boiled sweets and chocolates are
hereby declared to be pioneer prod ucts
for the said purposes.
Made by the Governor in Council
this day of 1957.

Clerk oJ the Council.

PAYMENTS AGREEMENT WITH
TURKEY
The Secretary of State has notified
this Government that the Turkish
Central Bank will shortly be taking
steps under the terms of the Anglo-
Turkish Agreement of January 17th,


1955. to idet f owing to
exporters in dependent territories of
the United Kingdom. It is therefore
requested that any exporter in Anti-
gua to whom is due a Turkish com-
mercial debt should submit details of
the debt, including arrenis of pay-
ment. to the Administrator's Office,
St. John's, Antigua, not later than
30th June, 1957.
Administrator's Office,
St. John's,
28th May, 1957.
Ief. No. TP. 77/70.

Notice is hereby given to all persons
having claim to any monies payable
from Magistrate's Courts of Antigua
for Compensation and Costs in respect
of matter adjudicated in these Courts
prior to 31st December 1955 to claim
such monies on or before 30th June
1957. Any sums unclaimed on this
date will be credited to Revenue.

C. Straughn Husbands,
Magistrate,
Antigua.
Ref. No. A. 31/160-II.

Notice is hereby given that a copy
of the list of the original assessments
of the City Rate for 1957 to which
objections have been taken and alter-
ations made thereto by the Central
Board of Health has this day been
posted up on the outer door of the
Treasury and may be seen at the
Central Board of Health Office.

Notice is also hereby given that all
the amounts for City Rate for the
year 1957 must be paid into the
Treasury by 31st August, 1957.
A. R. MEADE,
Secretary, Central Board of Health.
Central Board of Health Office,
Antigua.
20th May, 1957.

RAINFALL FIGURES
Agricultural Department,
Antlgua.
Month 1953. 1954. 1955. 1956. 1967.
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.OS .83 1 40 .40
April 2.06 .49 1.75 3.83 2.51
May 1.50 3.83 2.81 2.58 1.19
To8th June .10 1,16 .48 .72 .32
12.21 12.05 8.71 14.91 10.40


VOL. II.


_ ___










124 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [June 14, 1957.


ANTIGUA.

The Registration of United Kingdom
Patents Act, 1925.
NOTICE IS HEREBY GIVEN
that CHELTON (POPPITS) LIMIT-
ED of Marlow, Buckinghamshire,
England have applied for registration
in Antigua of United Kingdom Patent
No. 750,737 dated the 19th day of
April, 1955 and issued on the 5th day
of February, 1957 and have filed at
the Registrar's Office at the Court
House, St. Jolh's, Antigua, a com-
ph -to copy of of the specifications and
the Certificate of the Comptroller
Genitral of the United Kingdom
Patint Office giving full particulars
of this patent which will be open to
Public inspection at the said office at
any time between the hours of 9.00
a.in. and 3.30 p.m. on working days
except Saturdays when the hours
will be from 9.00 a.m. to 12.00 noon.
Any person may within two
months from the date of this adver-
tisement give notice to the Registrar
of opposition to the issue of a Certifi-
cate of Registration upon any of the
grounds prescribed in Section 10 of
the Patents Act, 1906, for opposition
to the grant of Letters Patent.
SDated the 28th day of May, 1957.

CECIL O. BYRON
Registrar.
Registrar's Office
Court House,
St. John's, Antigua.

TRADE MARK'S OFFICE,
ANTIGUA, 28th May, 1957.
SOCONY MOBIL OIL COMPANY,
INC., of 150 East 42nd Street, New
York, U.S.A., have applied for Regis-
tration of one Trade Mark consisting
of the following:-




iMobi j



in Class 47 that is to say: Petroleum
and products of petroleum, with or
without admixtures of other materials
for illuminating, heating, power,
burning, lubricating, cutting, greas-
ing, tempering, quenching, slushing
and flushing, and all the other goods
in the class.
The Applicants claim that they
have not used the said Trade Mark in
respect of the said goods 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 and Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
CECIL O. BYRON,
Registrar of Trade Marks.


TRA DEKIARKS OFFICE,
PLYMOUTH, MONTSERRAT,
27th May, 1957.
THE SOCOMY MOBIL OIL COM-
PANY, INC. of 150 East 42nd Street,
New York, State of New York, U.S.A.
has applied for registration of one
Trade Mark consisting of the follow-
ing:-




Mobil



in Class 47, that is to say: Petroleum
and products of petroleum, with or
without admixtures of other materials
for illuminating, heating, power, burn-
ing, lubricating, cutting, greasing,
tempering, quenching, slushing and
flushing, and all the other goods in
the class.
The Applicants claim that they
have not used the said trade mark in
respect of the said goods before the
date of this statement but it is their
intention to commence such use in
the near future.
Any person may within three
months from the date of the first
appearance of the Advertisement in
the Antigua, Monlserrat and Virgin
Islands Gtzelte, give notice in dupli-
cate at the Trade Mark's Office, Mont-
serrat of opposition to registration of
the said Trade Mark.

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


WEIGHTS AND MEASURES.

The Inspector of Weights and Mea-
sures shall attend for the purpose of
examining, weighing and stamping
weights and measures, and weighing
instruments at the following times
and places:-
1. At the Police Station Parham,
from 10.00 a.m. to 4.00 p.m. on
Monday 17th June.

2. At the Police Station Willikies,
from 10.00 a.m. to 4.00 p.m. on
Tuesday 18th June.
3. At the Police Station All Saints
from 10.00 a.m. to 4.00 p.m. on Wed-
nesday 19th June.
4. At the Police Station Bolans
from 10.00 a.m. to 4.00 p.m. on
Thursday 20th June.
5. At the Police Station St. John's
from 10.00 am to 4.00 p.m. on Mon-
day 24th, Tuesday 25th, Wednesday
26th, Thursday 27th, and Friday
28th June.
6. At the Police Station Barbuda
from 10.00 a.m. to 4.00 p.m. on Wed-
nesday 3rd July.


Provided that any of the days pre-
scribed above be a Bank Holiday,
Inspection of Weights and measures
will be carried out the following day.

S. B. Hull,
Inspector of Weights & Measures.
Police Headquarters,
Antigua.
31st May, 1957.
Ref. No. A. 82/1.

Applications are invited from suit-
ably qualified candidates for appoint-
ment to the post of Senior Draughts-
man, Windward Islands, particulars
of which are as follows:-
Appointment:
The post if non-pensionable, and
appointment will be on a temporary
contractual basis for a period of 18
months in the first instance. The
officer will be subject to the Colonial
Regulations and the local General
Orders for the time being in force,
so far as they are applicable. The
officer will be a member of the staff
of the Executive Architect, Windward
Islands, and will be stationed in
St. Lucia.
Qualifications:
Applicants should have had at least
5 years experience of work usually
undertaken by an Architect's Office
and be thoroughly conversant with
the preparation of working drawings
and specifications.
Salary:
The Salary will be at the rate of
$3,360 (700) per annum in the scale
3,360 x 120 $3,600 (700 x 25-
750) per annum, plus a pay addition
of 20% of salary.
Quarters:
Quarters are not provided.
Passages:
Free passages to St. Lucia 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
officer. Free return passages will also
be provided on the satisfactory termi-
nation of the period of engagement.
Leave:
Vacation leave on full salary will
be granted at the rate of one week
for each completed period of
3 months resident service. Such
leave to be taken on the satisfactory
termination of the officer's contract.
Medical Attention:
Free medical attention and medi-
cines are not provided.
Taxation:
All Government officers are liable to
taxation imposed by local legislation.
Application giving full particulars
of applicants' qualifications and
experience, and accompanied by two
testimonials, should be addressed to
the Chief Secretary, Windward
Islands, Grenada, and should reach
him not later than the 31st July, 1957.
Administrator's Office,
St. John's,
Antigua.
5th June, 1957.
Ref. No. A. C. 13/89-III.








June 14, 1957] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE 125
IN THE COURT OF SUMMARY JURISI)ICTION
(MONTSERRAT)
(APPELLATE JURISDICTION)
On appeal from the Magistrate's Court-District "I".
Appeal No. 1/1957.
Between:


Before: LEWIs, J.


The appellant who was charged under
section 52 (1) of the Vehicles and Road Traffic
Ordinance No. 5/1951 (hereinafter referred to as
"the Ordinance") with driving a motor car in a
manner which was dangerous to the public was on
28th day of January 1957 convicted and fined
$20.00 and disqualified from holding a licence for
a period of four months.
The evidence adduced by the prosecution
showed that the appellant at about 8.30 p.m. on
the 22nd day of December 1956 in Parliament
Street in the town of Plymouth had driven a motor
car M. 80 along the said street which was crowded
at the time. The prosecution also alleged that the
defendant was driving very fast, swerving from one
side of the street to the other and not blowing his
horn, and that pedestrians had to jump out of the
way of the car to allow it to pass.
The appellant in his evidence denied any-
thing of the charge and said on the 22nd
December, 1956, I was in St. John's and Plymouth.
I was up and down in Plymouth up to 2 a.m. on
23rd December, 1956. I cannot tell where I was
at 8.30 p.m., it may have been Plymouth as well as
anywhere else. I cannot say that I was driving
dangerously at that time. I was not driving
dangerously."
At the conclusion of the case the Magistrate
accepted the evidence of the prosecution, found the
defendant guilty of the charge and convicted him
acerrdingly.
From his conviction the defendant appealed,
originally on four grounds, but at the hearing of
the appeal his counsel abandoned three grounds
and elected to proceed on the first ground of appeal
only, which, as amended, reads: "that the con-
viction was contrary to law in that the summons
served on the appellant was misleading and there-
fore bad in law."
Section 57 of the Ordinance which corresponds
to section 21 of the Road Traffic Act 1930
(Imperial) provides that where a person is pro-
secuted for an offence relating to dangerous driving
he shall not be convicted unless either-
(a) he was warned at the time the
offence was committed that the question of
prosecuting him for an offence nnder some one
or other of the provisions aforesaid would be
taken into consideration; or


CHARLES ALLEN Appellant
and
Assistant Superintendent of Police Respondent

J. H. A. MEADF for Appellant
F. O. C. HARRIS (Crown Attorney) for Respondent
JUDGMENT
1st May, 1957.


(b) within fourteen days of the commis-
sion of the offence a summons for the offence
was served on him; or
(c) within the said fourteen days a notice
of the intended prosecution specifying the
nature of the alleged offence and the time
and place where it is alleged to have been
committed was served on or sent by registered
post to him or the person registered as the
owner of the vehicle at the time of the com-
mission of the offence:"
Provided-............... (here follows a
proviso which is not relevant to the question
in dispute in this appeal).
The prosecution proceeded against the
appellant by means of a summons under paragraph
(6) of section 57. It was admitted by the
appellant's counsel that the summons was served
within the period of fourteen days of the com-
mission of the offence as required by the said
paragraph, but lie contended that the summons
was bad in law in that the time of the commission
of the offence riz. 8.30 p.m. was not stated therein
and consequently there was no compliance with the
provisions of the said paragraph (b) of section 57
of the Ordinance. In support of his contention
counsel referred to the case of Pope v. Clarke
(1953) 2 All E. R. 704, and quoted the following
words appearing at page 706 of the Report:
Here, the object of the Act, as
OLIVER, J., said in the passage I have read,
is to bring to the defendant's mind, when the
events are still fresh in his memory, the fact
that he is going to be prosecuted. The
respondent could have been under no
conceivable doubt what he was to be
prosecuted for. He was told the exhct placed
where he was alleged to have committed the
offence, and that was the place where the
accident happened. Therefore, it is idle to
say that his mind was not at once directed
to the actual occurrence in respect of which
he was going to be prosecuted. In my
opinion, we should apply the passage I have
quoted from Woodward v. Sarsons (3) and
say that the mandatory part of s. 21 (c) is the
serving of a notice of intended prosecution
on the defendant specifying the nature of the
offence in respect of which he is going to be









126 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE [June 14, 195T


prosecuted. Here that offence was dangerous
driving at the place mentioned, and the mere
fact that the actual hour was incorrectly
stated in the circumstances makes no difference.
If a person met with two accidents on the
same day at or about the same place, possibly
other considerations might apply, because he
might then say he was misled. Here the
respondent, on whom was the onus of showing
he was misled, gave no evidence."
Counsel for the appellant argued that since
paragraph (a) of section 57 of the Ordinance makes
it necessary for a warning to be given to an
offender at the time of the commission of the
alleged offence, that the question of prosecuting
him would be taken into consideration, and since
paragraph (c) of the said section requires the
service of a notice upon such offender within
fourteen days of the intended prosecution, which
notice must contain a statement as to the nature
of the alleged offence and the time and place where
it is alleged to have been committed, and moreover
since the primary purpose of the section is to
bring to an offender's notice when the events are
still fresh in his memory the fact that he was
going to be prosecuted and the time of the commis-
sion of the alleged offence, it follows that there
must be read into paragraph (b) of the section a
provision requiring the prosecution to specify the
time when the offence was alleged to have been
committed. Counsel for appellant sub nitted that
the whole of the appellant's evidence showed that
his mind had not be2n directed by the summons to
the exact time on December 22nd on which the
offence was alleged to have been committed by him,
and lie urged that if paragraph (b) of section 57
were not construed in the manner for which he
contended the primary purpose of the section
would be defeated and that the intention of para-
graphs (a) and (c) would then be in conflict with
that of paragraph (6).
Counsel also referred to note (d) on page 681
of H-ilsbury's Liws of England Second Edition
Volume 31 where the learned Editiors in comment-
ing ,): paragraph (b) of section 21 of the English
RoAd Traffic Act 1930 used these words: "The
summons must be carefully worded, and where a
speed limit is alleged to have been exceeded, must
give the precise authority statutory or ministerial
which imposed it." I was asked on the authority
of this quotation to hold that the words carefully
worded" in the circumstances of this case mean
that there should have been included in the sum-
mons served on the appellant a reference to the
particular time of day on which the offence was
alleged to have been committed by him. I cannot
accept this submission. The effect of this submis-
sion if accepted would be to add to section 57 of
the Ordinance something which the legislature has
not included therein and in my opinion before
such a step could be taken there must be some
adequate and cogent reason for so doing. The
quotation on which the appellant's counsel bases
this submission is not in my view a sufficient
authority to justify any such finding on my part.


The appellant's counsel also referred to Craies
on Statute Law 3rd. Edition page 251 para. 6 and
quoted the following:
"6. Statutes passed for the purpose of
enabling something to be done, are usually
expressed in permissive language, that is to
say, it is enacted that it shall be lawful,' &c.,
or that 'such and such a thing may be done.'
'Prima facie, these words import a discretion,
and they must be construed as discretionary
unless there be anything in the subject-matter
to which they are applied, or in any other
part of the statute, to show that they are
meant to be imperative'.
I regret I am unable to see in what way the
above quotation helps the appellant. The para-
graph to which he referred deals with permissive
provisions in statutes and indicates the language
which is generally used to confer enabling powers
of a discretionary nature upon persons who are
authorized to exercise them.
Counsel for the appellant referred also to the
case of Holt v. Dyson (1950) 2 All E.R. 840.
In his final submission the appellant's counsel
said that in all the reported cases under section 21
of the Road Traffic Act 1930 (Imperial) there was
usually some factor, e.g. an accident which tended
to fix the time of the alleged offence in the mind
of the person who was to be prosecuted, and he
admitted that in such circumstances even though
the time of the incident were wrongly stated in
the notice this would not be fatal. He however
strongly aruged that in circumstances where no
particular incident took place which would tend to
mark the time of the alleged offence in the mind
of an offender, as in this case, it was absolutely
essential that the specific time of the offence should
be inserted not only in a notice under paragraph (c)
but also in the summons under paragraph (b) of
section 57.
For the respondent the Crown Attorney
argued that para. (b) of section 57 of the Ordi-
nance only required a summons to be served within
fourteen days of the commission of the offence,
and that a summons drafted in the ordinary
manner, that is to say in the manner required by
the Magistrate's Code of Procedure Act, Cap. 61
(which does not require the hour of the day of an
alleged offence to be stated unless it is material)
and served within fourteen days of the commission
of the alleged offence, would be a sufficient com-
pliance with the section. He said that the appel-
lant could only succeed in his contention if he
could establish under the ordinary rules of inter-
pretation that paragraph (b) of section 57 should
be interpreted to require, not a summons drafted in
the ordinary manner but a summons stating the
time of the alleged offence. In this connection the
Crown Attorney referred to Maxwell on the Inter-
pretation of Statutes 9th Edition page 14 and
quoted the following:
It is but a corollary to the general rule
in question, (viz that statutes should be
literally construed) that nothing is to be added
to or to be taken from a statute, unless there
are similar adequate grounds to justify the









June 14, 1957.] THE ANTIGUA, MONTHS ERRAT AND VIRGIN ISLANDS GAZETTE 127


inference that the Legislature intended some-
thing which it omitted to express. It is a
strong thing to read into an Act of Parliament
words which are not there, and, in the absence
of clear necessity, it is a wrong thing to do'.
We are not entitled to read words into an
Act of Parliament unless clear reason for it is
to be found within the four corners of the Act
itself '."
The Crown Attorney submitted that there was
no reason for assuming th:tt the legislature intend-
'ed, but unittnttionally omitted to express some
requirement as to time in paragraph (6) of section
57 of the Ordinance, and he said that the appel-
lant's argument to the contrary was fallacious.
He urged that if the legislature intended to intro-
duce such a requirement in the said paragraph it
would have done so in express terms and conse-
quently he submitted that the paragraph must be
interpreted according to its ordinary meaning.
In commenting on Pope v. Clarke the Crown
Attorney said even if it is assumed that some
requirement as to time should be read into para-
:graph (b) of section 57 then it should be held as it
was held in Pope v. Clarke that this requirement
was merely directory and he submitted in the cir-
cumstances of this case that the validity of the
:summons would not be affected for the following
reasons: (a) it was clear from the evidence of
Dennis Lee that on the morning following the
commission of the alleged offence the appellant
was spoken to by the witness Lee about the way
he was driving on the previous night; (b) it was
also clear from the evidence of John Abraham
that this witness saw the appellant on 24th
Decembner-two days after the alleged offence-
and" told him that he was reported "for driving
in a manner dangerous to the public at Plymouth
at 8.28 p.m. on Saturday 22nd December, 1956,"
and that he would he prosecuted; (c) that the
appellant himself admitted under cross examina-
tion that he had heard of the charge for the
first time at 11 a.m. on December 24th 1956 at
the office of the Assistant Superintendent of
Police which the appellant had visit d after
he had been served with a notice hy Corporal
Abraham informing him that his licence had
been suspended. The Crown Attorney argued
that the Magistrate had accepted the story of the
prosecution and on the facts as folud by the
Magistrate he submitted that the time of the
,commission of the alleged offence hal adequately
been brought to the notice of the appellant
within a day or two after the 22nd December,
1956, and consequently the defendant had ample
,opportunity of preparing his defence and was in


no way misled by the summons. The Crown
Attorney however made it clear that he was
in no way relying on Pope v. Clarke to support
the conviction.
The cases quoted by the appellant viz.
Pope r. Clarke and Holt r. Dyson both deal with
notices of intended prosecutions under paragraph
(c) of section 21 of the Road Traffic Act 1930
(Imperial) and do inot give any assistance in
deciding the issue before this Court which is
concerned with the service of the summons under
part. (b). The appellant in his argument has
assumed that a specification of the time of the
commission of an alleged offence is required by
paragraph (b) of section 57 to he included
in the summons and in so doing has directed his
mind to the question whether such specification
is mandatory or not. He bases his assumption
on the statement in Pope v. Clarke attributed to
Oliver, J. in Venn r. Morgan which was as
follows: "the object of the notice is to call the
attention of the driver of the motor car to the
time and circumstances in respect of which he
may be charged so a-s to give him .......... an
opportunity, in good time while imemiories are
still fresh, to prepare his defence It is to be
noted however that this was a decision which
related to a case where the prosecution initiated
proceedings by means of a notice and not by a.
summons. So too was the case of Holt ,. D)son.
In the latter case it was held that it was not a
compliance with the requirements of the section
for the police to send a notice to the respondent's
address when they knew she was in hospital and
would be likely to be there for some considerable
time and so would in all probability not receive
the notice within the statutory period.
The real question for decision is whether it
is valid to read into para. (b) of section 57 of the
Ordinance a requirement as to the statement of
the time of the alleged occurrence in the light
of the clear language of that paragraph. In my
view it is not so required. The paragraph in my
opinion should be so interpreted as to give its
words their plain and ordinary meaning and it
would be wrong to read into the paragraph words
which are not there. If the legislature had
intended a summons to contain a statement as to
time when an alleged offence was supposed to
have been committed it would have said so but
it has not.
In my opinion the Magistrate came to a
correct decision in law and the appeal must be
dismissed with three guineas costs to be paid by
the appellant.


P. CECIL LEWIS,
Puisne Judge.





Printed at the Government Printing Office, Antigua. Leeward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
1957.
[Price 29 cents.]






No. 2 of 1957. frmn Prowedings (Amend- ANTIGUA.
ment.)





,'/.L '.---.
[L.S.] ,../
I ASSENT,
A. T. WILLIAMS,
Governor. '
21st May, 1957.








ANTIGUA.

No. 2 of 1957.

An Ordinance to amend the Crown Proceedings
(Amendment) Ordinance, 1956.

[30th June, 1956] Commentce
ment.
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the Short title.
Crown Proceedings (Amendment) Ordinance,
1957.
2., Section 2 of the Crown Proceedings Amendment
(Amendment) Ordinance, 1956, is hereby amended of cth tiown
as follows:-- Proceedings
(Amendment)
Ordinance,
(i) by substituting of section 2 for 1956, No. 15
"of section 3" occurring therein; of 1956.
and
(ii) by deleting 39A" and "21st
December, 1953, as amended"
occurring in paragraph (a) of the






ANTIGUA. 2 Crown Prorepdin.p (Amend- No. 2 of 1957.
ment).

section and substituting therefore
18. (2) (a)" and 20th June,
1956 respectively.

Commence- 3. This Ordinance shall be deemed to have
ment. come into operation on the 30th day of June,
1956.

ALEC LOVELACE,
President.
Passed the Legislative Council this 1st day
of May, 1957.


F. A. CLARKE,
Clerk of the Council,


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


A., 47158-510-5.537.


[T-~rice 4 ceW8.]~






N. 3 of 1 -. PbHliwtion e'f the First Lists of Voterg ANTTrGA.
f/'i'lisuin 1 T T) An :t i t.)








1 ASSENT
A. T. WTrLLIAMS,
Governor.
21st "\-iy, 1957.










ANTIGUA.

No. 3 of 1957.

An Ordinance to amend the Publication of the
First Lists of Voters (Extension of Time)
Ordinance, 1956.
[14th August, 1956] commenoe-
mnent.
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the Short title.
Publication of the First LisKts of Voters (Exten.
sion of Time) (Amendment) ordinance 1957,
and shill be read as one with the Publication of
the First Lists of Voters (Extension of Time)
Ordinance, 1956, hereinafter referred to :s the 27/1956.
Principal Ordinance.
2. Section 2 of the Prin-ipal Ordinance is Amendment
hereby Imende d by ti' sub,'sti[tution of the works of action 2
Of ite Prin-
" thirty-twu for the words "thirty-one" at the cipal Ordi
end of the section. nauce.







ANTIGUA. 2 Publication of the First Lists of Voters No. 3 of 1957.
(K'irtiiii, of Timr) (Amendment.)

Commence- 3. This Ordinance shall be deemed to have
ment. come into operation on the 14th day of August,
1956.

ALEC LOVELACE,
President.


Passed the Legislative Council this 1st day
of May, 1957.

F. A. CLARKE,
Clerk ot the Council,
































Pr.ntedl t the Government Printing office. Antigua,. Leeward Islands,
hy E. M. BLACKMAN. Government Printer.--By Authority.
1 .57


A, 47/76.11-510-5,57,


(Price 4 cents.]






No. 4 of 1957


[L.S.]


Rp, gistra/ion of United Kingdom
Patents Act (Amendment).








I ASSENT,
A. T. WILLIAMS,
Governor.
29th May, 1957,










ANTIGUA.

No. 4 of 1957.


An Ordinance to amend further the Registration
of United Kingdom Patents Act.

[29th May, 1957]

ENACTED by the Legislature of the Colony
of Antigua.

1. This Ordinance may be cited us the Regis-
tration of United Kingdom Patents Act (Amend-
ment) Ordinance, 1957. and shall be read as one
with the Registration of United Kingdom Patents
Act, as amended, hereinafter referred to as the
Principal Act.

2. For the second paragraph of section 8 of
the Principal Act which commences with the words
" Such grounds ", the following two paragraphs
shall be substituted:-

Such grounds shall be deemed to in-
clude the manufacture, use or sale of the
invention in the Colony IheprP the priority
"i '


ANTIGUA.


Commence-
ment.


Shorb title.


Cup. 148.
411J34.


Amendment
of section 8
of the
Principal Act.






ANTIGUA. 2 Registration of United Kingdom Ne. 4 of 1957.
Patents Act (Amendment)

date applicable to the patent in the United
Kingdom, but not to include the manufacture,
use or sale of the invention in the Colony by
some person or persons after the priority date
applicable to the patent in the United King-
dom and before the date of the issue of the
certificate of registration under section 5
of this Act.

For the purposes of this section the
expression priority date" in its application
to a patent in the United Kingdom has the
meaning assigned to it in section 5 of the
Geo. VI o. 87. Patents Act, 1949 (Imperial) ".
Repeal of Aot 8. The Patents granted in the United King-
No. 4 of 193. dom (Amendment) Act, 1934, is hereby repealed.

ALEC LOVELACE,
President.

Passed the Legislative Council this 1st day
of May, 1957.
F. A. CLARKE,
Clerk of the Council.

















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


A 47,77-520-5.57.


Price 4 cents.]






No. 5 cf 1:.:7. oo n Por i,wPi Powers ( Huricane, ANTIGUA.
Earthquake, Fire or Flood).






[L.S.]
I ASSENT,
A. T. WILLIAMS,
Governor.
21st May, 1957.







ANTIGUA.

No. 5 of 1957.

An Ordinance to make provision for the welfare
and the safety of the community in cases of
hurricanes, earthquakes, fires or floods.

[21st May, 1957] Commence-
ment.
ENACTED by the Legislature of the Colony
of Antigua.

1. This Ordinance may be cited as the Short title.
Emergency Powers (Hurricane, Earthquake, Fire
or Flood) Ordinance, 1957.

2. (1) It shall be lawful for the Governor Proclamation
in Council after the-beeurrence in the Colony of of emergency.
any hurricIuje, earthquake, fire or flood, to declare
by proclamation in the Gazette that a state of
emergency exists.

(2) No such proclamation shall be in force Duration of
for more than one month, without prejudice to the Proclanation.
i0s igep of another proclamation at or before the end
f that period.






ANTIGUA. 2 Emergency Powers (Hurricane,
Earthquake, Firo or Flood).


Legislative
Council to be
notified of
Proclamation
and required
to meet with-
in five days if
separated by
adjournment
or proroga-
tion.






Where Logis-
lative Council
is dissolved or
the term of
the Legislative
Council has
expired, pro-
clamation
nevertheless
to be issued
for meeting
of Legislature
within five
days.









Governor in
Council
authorized to
make Orders.


No. 5 of 1957.


(3) Where a proclamation of emergency has
been made, the occasion thereof shall forthwith be
communicated to the Legislative Council, and, if
the Legislature is then separated by such adjourn-
ment or prorogation as will not expire within five
days, a proclamation shall be issued for the meeting
of the Legislature within five days and the
Legislature shall accordingly meet and sit upon the
day appointed by that proclamation, and shall
continue to sit and act in like manner as if it had
stood adjourned or prorogued to the same (lay.


(4) Where a proclamation of emergency has
been made, and it is impossible to communicate the
occasion thereof to the Legislative Council owing
to the dissolution or the expiring of the term of the
Legislative Council, and members of a new legis-
lative Council have not yet been elected a procla-
mation shall nevertheless be issued for the meeting
of the Legislature within five days and thereupon
notwithstanding the provisions of any Act or
Ordinance to the contrary, the members of the late
Legislative Council shall assemble and the Legisla-
tive Council shall stand revived and shall sit as the
competent bodyof the Legislature but only for the
purpose of considering such proclamation of emer-
gency and the Legislature shall accordingly meet
and sit upon the day appointed by that proclama-
tion.

8. (1) Where a proclamation of emergency
has been made and so long as the proclamation is
in force, it shall be lawful for the Governor in
Council to make Orders securing the essentials of
life to the community and for the preservation of
the health, welfare and safety of the public.


(2) Orders made under this section may with-
out prejudice to the generality of the power
conferred by subsection (1) of this section,
provide:-


(a) for the requisitioning of all formnp of
transport;







No. 5 of 1957. j'1;.' ,., ri Porers (Hurricane, 3 ANTrImA.
Earthquake, Fire or Flood).
(b) for requisitioning and regulating the
supply and distribution of food, clothing,
water, fuel, light and other necessities of life,
and for fixing maximum wholesale and retail
prices in respect thereof;
(c) for the requisitioning of private
lands, buildings and premises;
(d) for conferring on any person the
right of entry on or passage through or over
any private lands, buildings or premises;
(e) for the demolition of any building or
other structure deemed to be dangerous;

(f) for the disposal of the dead and for
dispensing with enquiries under the Coroners
Act, 1949, as amended, and from the provi- 1111949.
sions of the Marri:gt,,, Births and Deaths
(Registration) Act, 1870, as amended; 1511870.
(g) for the payment of compensation in
respect of anything done under any Order
made under this Ordinance.
(3) Any Order so made shall be laid before
the Legislative Council as soon as may be after it
has been made, and shall not continue in force
after the expiration of seven days from the time
when it is so laid unless a resolution is passed by
the Legislative Council providing for the continu-
ance thereof.
(4) The Orders may provide for the trial by
Courts of Summary Jurisdiction, of persons guilty
of offences against the Orders; so, however, that
the maximum penalty which may be inflicted for
for any offence against any iuch Order shall be
imprisonment with or without hard labour for a
term not exceeding six months, or a fine not
exceeding two hundred and fifty dollars, together
with the forfeiture of any goods or money in
respect of which the offence has been committed:
Provided that no such Orders shall alter any
existing procedure in criminal cases, or confer any
right to punish by fine or imprisonment without
trial,







ANTIGUA, 4 Emergency Powers (Huirricane,
11r i Il..,uan F.re or P'lood).


Exercise
power
Order i
faith n
ictiona


No. 5 of I\' ~,.


(5) The Orders so made shall have effect as if
enacted in this Ordinance.

(6) The expiry or revocation of any Orders
so made shall not be deemed to have affected the
previous operation thereof, or the validity of any
action taken thereunder, or any penalty or punish-
ment incurred in respect of any contravention or
failure to comply therewith, or any proceeding or
remedy in respect of any such punishment or
penalty.

e of 4. No action shall be brought against any
inder person for anything done in good faith in the
a good
ot exercise of any powers conferred by any Order
ble. made under this Ordinance.

ALEC LOVELACE,
President.

Passed the Legislative Council this 1st day
of May, 1957.

F. A. CLARKE,
Clerk of the Council.




















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


Prica 6 cents,


A. 52/28-520-6.57.







Stam!p Act (Amendmnz) ),


I ASSENT,
A. T. WILLIAMS,
Governor.
29th May, 1957.








ANTIGUA.

No. 6 of 1957.
*
An Ordinance to amend further the Stamp Act.
[BY PROCLAMATION] Commence-
ment.
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the Stamp Short title.
Act (Amendment) Ordinance, 1957, and shall be
read as one with the Stamp Act, as amended, here- cap. 13a
inafter called the Principal Act.
2. The Schedule to the Principal Act is Amendment
hereby amended by the deletion of the follow- of Schednle
to the Princi-
ing:- pal Act.
"Passport ... 1. 0. 0.
Renewal of passport ... 4. 0.".
3. This Ordinance shall come into operation Commence-
on a date to be appointed by the Governor by ment.
Proclamation published in the Gazette.

ALEC LOVELACE,
President.


No. 6 of 1i57.


.\ '. 1,3 t .,






.tamp Act (Amendment).


Passed the Legislative Council this 1st day
of May, 1957.


F. A. CLARKE,
Clerk of the Council.








































ANTIQUA.
Printed at the Government Printing Office, Leeward Islanda,
by E. M. BLACKMAS., Government Printer.- By Authority.
1967.
A 47/45-520-6.57. Price 4 cents.


ANTTGT'A. 2


No. 6 of 1957.




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