• TABLE OF CONTENTS
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 Main
 Antigua, Bill: Title by Registration...
 Antigua, Bill: Licensing Act (Amendment)...
 Antigua, Bill: Law Reform (Miscellaneous...
 Antigua, Statutory Rules and Orders,...
 Montserrat, Statutory Rules and...
 Virgin Islands, Statutory Rules...














Group Title: Antigua, Montserrat and Virgin Islands gazette.
Title: The Antigua, Montserrat and Virgin Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076853/00062
 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: VID00062
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 161
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
        Page 167
        Page 168
    Antigua, Bill: Title by Registration Act (Amendment) Ordinance, 1957
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
        Page A-7
        Page A-8
    Antigua, Bill: Licensing Act (Amendment) Ordinance, 1957
        Page B-1
        Page B-2
        Page B-3
        Page B-4
        Page B-5
        Page B-6
    Antigua, Bill: Law Reform (Miscellaneous Provisions) Ordinance, 1957
        Page C-1
        Page C-2
        Page C-3
        Page C-4
        Page C-5
    Antigua, Statutory Rules and Orders, no. 21 of 1957: Police Welfare Association (Amendment) Rules, 1957
        Page D-1
    Montserrat, Statutory Rules and Orders, no. 15 of 1957: Proclamation dated July 26, 1957, proroguing the Legislative Council of the Colony
        Page E-1
    Virgin Islands, Statutory Rules and Orders, no. 22 of 1957: Public Holidays (Opening of Shops) (No. 2) Order, 1957
        Page F-1
Full Text





.0R10 61
THE

ANTIGUA, MONTHS IA

AND .s,

VIRGIN ISLANDS GA

'Published by cAuthority.


THURSDAY, 1ST AUGUST, 1957.


No. 33.


N notices.

It is notified for general informa-
tion that Sir ERIC HALLINAN,
Federal Chief Justice, will be visiting
Trinidad from the 30th July to the
8th August and Jimn:ica from the 8th
August to the 17th August in order
to discuss matters relating to the
Establishment of the Federal Supreme
Court.

The Secretariat,
Ant.igi.
30th Jidy, 1957.
Ref. No. 43!00070.

It is hereby notified for general
information that His Excellency the
Governor has been informed by the
secretaryy of State for the Colonies
that Hvr Majesty the Queen has been
graciously pleased to approve of the
appointment of Mr. G. L. TAYLOR,
a Judge of the Assistant Court of
Appeal Barbados, to be a Pnisne
Judge of the Supreme Court of the
Windward Islands and the Leeward
Islands.
Chief Secrelary's O fice,
Antif/un..
31st July, 1957.
Ref. No. P. F. 714.

It is notified for general informa-
tion that Sub-Inspector E. T. TONGH
has been appointed to act as Inspector
during the absence on pre-retirement
leave of Inspector SHERRIFF, with
effect from the 30th July, 1957.

The Secretariat,
Antigufa.
30th July, 1957.
Ref. No. 60/00039.

With reference to the notice
appearing in the Antigua. Montse& rat
and Virgii Islands Gazette No. 11
of the 7th March. 1957, it is notified
for general information that the
Exequatur empowering Sign or
Luciane Olivieri to act as Consul of
Italy for the Windward and Leeward
Islands, Barbados, Trinidad and
Tobago and British Guiana, with
residence at Caracas, received Her
1 majesty's signature on the 30th May,
1957.

Chief Secretary's Office,
Antigua.
15th July, 1957
.Ref. No. tfoOlo

" 724f7
3f 7& 20 7

Af 2^


No. 84.


No. SS


Appointments, transfers, etc., in
the public service, with effect from
the dates stated, are published for
general information:-
RYAN, C. McA., Junior Clerk, Chief
Secretary's Office, dismissed from
the Service. July 1
Ref. No. 77/00110.

No. 85.
CONFIRMATION OF 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
undermontioned Ordinance:-

Virgin Islands.
No. 13 of 1956 "The General Loan
and Stock Ordinance, 1956 ".

Chief Secretary's Office,
Antigua.
26th July, 1957.
Ref. No, 47/00454

No. 86.
The Governor has this day been
pleased to assent to the undermen-
tioned Ordinanoe:-

Antigua.
No. 9 of 1957 "The Police Act
(Amendm-nt) Ordinance, 1957."
Jul. 29
The Secretariat,
Antigua.
30th July, 1957.
Ref. No. 47/00429

No. 87

The following Bills which are to be
introduced into the Legislative Coun-
cil of Antigua are circulated with this
Gazette and form part thereof:-
"The Title by Registration Act
(Amendment) Ordinance, 1957."
"The Licensing Act (Amendment)
Ordinance, 1957."
The Law Reform (Miscellaneous
Provisions) Ordinance, 1957."


The following Statutory Rules and
Orders are circulated with this Gazette
and form part thereof:--
Antigua.
No. 21 of 1957, "The Police Wel-
fare Association (Amendment) Rules,
1957." Price 3 cents
Montserrat.
No. 15 of 1957, Proclamation
dated July 26, 1957, proroguing the
Legislative Council of the Colony ".
1 pp. Price 3 ets.
Virqin mlrandp.
No. 22 of 1957, The Public Holi-
days (Opening of Shops) (No. 2)
Order, 1957." 1pp. Price 3 cts.
Radio Montserrat.
It is notified for general informa-
that the newly erected broadcasting
station, Radio Montserrat, will be
test-broadcasting between 5 p.m. and
6 p.m. on Wednesday and Sunday
afternoons for the next two or three
weeks. It will be transmitting or
1550 Kcs. broadcasting band.
Interested persons are invited to
send reports on receptions etc. to the
Ma n age r, Electricity Department,
Montserrat.
The Secretariat,

Antigua.
23rd July, 1957.
Ref. No. 10/00005.
TRADE MARKS OFFICE,
PLYMOUTH, MONTSERRAT.
18th July, 1957.
CLUETT, PEABODY & CO., INC..
of 433 River Street, Troy, State of
New York, have applied for Registra-
tion of one Trade Mark consisting of
the following:

SANFORIZED
in Class 24 that is to say: Cotton
piece goods of all kinds.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 26
years 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,
Montserrat, of opposition to registra-
tion of the said Trade Mark.
F. 0. C. Harris,
Registrar of Tr"d,. marks.


VOL. II.









162 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [Aun2iit 1, 1l5T


THADE MARK'S OFFICE

ANTIGUA, 13th July, 1957.

O'KEEFE OLD VIENNA BREW-
ERY LIMITE I of 297 Viotoria Street,
Toronto, Oniario, Canada have applied
for Registration of one Trade Mark
cunsistin' of the following:-












A pplIIl F li
i I ]ll l ulltll ll lll l lIII u lllllllhh illlli B

in Class 43 that is to say:-Lager beer.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for six
months be fore the date of their said
Application.

IS Any person I 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.


TRADE MARK'S OFFICE,
PLYMOUTH. MON'I SERRAT,
1Stli July, 1957.

CLUETT, PEABODY & CO., INC..
of 433 River Street, Troy, State of
New York, have applied for Registra-
tion of one Trade Mark consisting of
the following:-



=-ARROIW-O

in Class 38 that is to say: Articles of
clothing.
The Applicants claim that they
live used the said Trade Mark in
respect of the said goods for 37 years
before the date of their said Applica-
tioin.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua, Motserrat and Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office, Mont-
serrat, of opposition to registration of
the said Trade Mark.


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


TRADE MARKS OFFI
PLYMOUTH MONTHS
18th July, 19f
CLUETT, PEABODY & CC
of 433 River Street, Troy,
New York have applied for R
tion of one Trade Mark consi
the following:-


SANFORIZE

in Class 38 that is to say: Art
clothing
The applicants claim thi
have used thi said Trade A
respect of the said goods
years before the date of th
Application.
Any person may within
months from the date of t
appearance of this Advertisei
the Antigua, Montserrat and
Lands Gazette, give notice i
cate at the Trade Marks
Montserrat, of opposition to
tion of the said Trade Mark.
F. O. C. HARI
Registrar of Trade


TRADE MARKS OFFI
PLYMOUTH, MONTHS
18th July, 19

PETER JACKSON (JVEI
LIMITED of Granite House, 9
Cannon Street, London, E
have applied for Registration
Trade Mark consisting of the
ing:-



I l i








I I 'Ii
jli l l i .l L ,






in Class 45 that is to say:-
whether manufactured or u
factured.
The Applicants claim th
have used the said Trade
respect of the said goods for 2
before the date of their said
cation.
Any person may with
months from the date of
appearance of this Advertise
the Antigua, Montserrat &
islands Gazette, give notice i
cate at the Trade Marks Offic
serrat, of opposition to registI
the said Trade Mark.
F. O. C. HAR
Registrar of Trade


CE,
ERRAT.
57.

)., INC.,
State of
legistra-
sting of



D

icles of

at they
Mark in
for 26
eir said

n three
h1 first


TRADE MARKS OFFICE,
PLYMOUTH, MONTSERRAT.
18th July, 1957.
O'KEEFE OLD VIENNA BREW-
ERY LIMITED of 297 Victoria Street,
Toronto, Ontario, Canada, have ap-
plied for Registration of one Trade
Mark consisting of the following:-





7 1L ...,
li .: '.- JT. R "


-- O i- d-:. '-^,|


S in class 43 that is to say:-Lager Beer.
Ventiin The Applicants claim that they
Virgn pi have used the said Trade Mark in
n dupli- respect of the said goods for 6
Office' months before the date of their said
registra- application.
Any person may within three
RIS, months from the date of the first.
SMarks. appearance of this advertisement in the
Antigua. Mon tserrat, and Virgin
Islands Gazette, give notice in dupli-
CE. cate at the Trade Marks Office, Mont-
tERRAT. serrat, of opposition to registration of
)57. the said Trade Mark.
F. O. C. Harris,
RSEAS) Reg'islr( orf 'rade Maarks.
7-101,
ngland, VIRGIN ISLANDS.
iof one The Registration of United Kingdom
follow- Patents Act, 1925.
NOTICE IS HEREBY GIVEN
that (CHELTON (POPPITS) LIM-
ITED, of Marlow, Buckinghamshire,
England have applied for registration
in the Colony of the Virgin Islands
of Lited Kingidom 'atent 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, Road Town, Tor-
l tola, British Virgin Islands, a com-
plete copy of the specifications and
the Certificate of the Comptroller
S General of the United Kingdom
Patent Office giving full particulars of
this patent, which will be open to
Tobacco public inspection at the said office at
inmann- any time between 9.00 a.m. and
3.30 p.m. on working days except
Saturday when the hours will be
tat they from 9.00 a.m. to 12 noon.
Mark in Any person may within two months
28 years from the date of this Advertisement
Appli- give notice to the Registrar of opposi-
tion to the issue of a Certificate of
n three Registration upon any of the grounds
the first prescribed in Section 10 of the Patents
ment in Act. 1906. for opposition to the grant
e of Letters Patent.
Virgin Dated the 18th day of July, 1957.
n dupli-
e, Mont- H. ALEX BESSON,
ration of Registrar,
Registrar's Office
Road T'own
RIS, Tortola
o Marks. British Virgin Islands.









August 1, 1957] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE 163


TRADE MARK'S OFFICE,
TORTOLA,
BRITISH VIRGIN ISLANDS,
18ih July, 1957.
THE SOCONY MOBIL OIL COM-
PANY, INC., of 150 East 42nd Street,
New York, U.S.A. have applied for
Registration of one Trade Mark con-
aisting of the following:-




Mobi'



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 this said Trade Mark
in respect of the said goods before
the date of their said application but
it is their intention to commence
such use in the near future.

Any person may within three
months of 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,
Tortola, Brittsh Virgin Islands, of
opposition to registration of the said
Trade Mark.
H. ALEX. BIESSON,
Registrar of Tra(de Marks.

Trade Mark's Office.
Road Town, Tortola,
British Virgin Islands.
19th July, 1957.
ALPIN & BARRETT LIMITED
of Newton Road. Yeovil, Somer.et,
England, have applied for registra-
tion of one Trade Mark consisting of
the following:-

ENPAC

in Class 2, that is to say: Chemical
substances used for agricultural hor-
ticultural, veterinary and sanitary
purposes; and in class 3, that is to
say: Chemical substances prepared
for use in medicine and pharmacy.
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,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.
H. Alex. Besson,
Registrar of Trade Marks.


Trade Marks Office,
Tortola, British Virgin Islands,
18th July, 1957.
PETER JACKSON (OVERSEAS)
LIMITED of Granite House, 97-101
Cannon Street, London, England,
have applied for Registration of one
Trade Mark consisting of the follow-
ing:-




,: ,

I: "i I.I ' 'i
I il l ,ll i


SII I

i ,,Ii i | h ..

in Class 45, that is to say: Tobacco,
whether manufactured or unmanu-
factured.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for twenty-
eight years before the date of their
said application.
Any person may within three
months of the date of the first appear-
ance of this Advertisempnt in the
Antigua, Montserrat and Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office, Tor-
tola, British Virgin Islands, of opposi-
tion to registration of the said Trade
Mark.
H. Alex Besson,
Registrar of Trade Marks.

TRADE MARKS OFFICE,
ROAD TOWN, TORTOLA,
BRITISH VIRGIN ISLANDS.
19th July, 1957.

CLUETT, PEABODY & CO., INC.
of 433 River Street, Troy, State of
New York, United States of America,
have applied for registration of one
Trade Mark consisting of the follow-
ing:-


SANFORIZED
in class 24, that is to say: Cotton
piece goods of all kinds, and in Class
38, that is to say: Articles of clothing.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 26 years
before the date of their said Appli-
cation.
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,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.
H. ALEX. BESSON,
Registrar of Trade Marks.


TRADE MARK'S OFFICE,
ROAD TOWN, TORTOLA,
BRITISH VIRGIN ISLANDS.
19th July, 1957.
CLUETT, PEA BODY & CO., INC.
of 433 River Stret, Troy, State of
New York, United States of America,
have applied for registration of one
Trade Mark consisting of the follow-
ing:-


mARROW-+-

in class 38, that is to say: A articles of
clothing.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 26 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, Montserrat and Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Mark's Office,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.
H. ALEX BESSON,
Registrar of Trade Marks.

AGRICULTURAL OFFICER
(EXTENSION)

Department of Agriculture, St. Vincent.
Applications are invited from suit-
ably qualified candidates for appoint-
ment to the post of Agricultural Offi-
cer (Extension), Department of
Agriculture, St. Vincent, particulars
of which are as follows:--

Appointment.

The poet is pensionable, but the
appointment will be on a contractural
basis or on secondment, for a period
of 2 years in the first instance. The
pension rights of any pensionable
seconded officer will be preserved.

Duties.

The duties of the officer will be
those assigned to him by the Superin-
tendent of Agriculture to whom he
will be directly responsible. Such
duties will include the direction of
Agricultural Extension and Soil Con-
servation programmes, as well as
general work of an administrative
nature,

Qualifications.
The minimum qualification re-
quired is the Diploma of the Imperial
College of Tropical Agriculture or an
equivalent degree, with experience in
Tropical Agriculture. General ad-
ministrative experience and know-
ledge of extension work would bh
advantageous.









164 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [Aunst l, 119567.


The salary is in the scale $3,360x
120-4,320, plus a pay addition of
20% of salary.

Allowances.
Travelling and Subsistence Allow-
ances are payable in accordance with
local regulations, in respect of ap-
provd travel on duiy.
Quarters,

Quarters are not provided.

Passages.
Free passages to St. Vincent will be
provided on first appointment for the
officer, his wife and children, not
exceeding five persons in all; Chil-
dren to be under 18 years of age, un-
married and dependant on the officer.
In thl ca.e of a contract appointment
or appointment on secondment free
passages will be provided on the
satisfactory termination of the con-
tract or secondment.


Leave and Leave Passages.
Vacation leave on full salary will
be granted in accordance with local
leave regulations. In the case of a
contract appointment, vacation leave
will be granted at the rate of one
week for each completed period of
three months resident service. Such
leave to be taken on the satisfactory
termination of the contract.
Leave passages are provided in
accordance with the Windward
Islands Leave Passage Regulations.

Medical Attention.
Free medical attention and medi-
cines re not provided.

Taxation.
All Government officials are liable
to taxation imposed by local enact-
ments.
General.
The officer will be subject to the
Colonial Regulations, local General
Orders, and Financial and Store
Rnle- and Subsidiary legislation in
force for the time being.


Applications giving full particulars
of applicant, and accompanied by two
testimonials should be addressed to
the Chief Secretary Windward Islands,
Grenada, and should reach him not
later than the 15th August, 1957.

Administrator's Office,
St. John's,
Anfigula.
19th July, 1957.
Ref. No. A. C. 13/89--III.

RAINFALL FIGURES.
Agricultural Department,
Antigua.


Month ls53. 1954. 1955. 1956. 1957.
January 1.93 3.04 2.16 5.15 3.16
Feb. 1.02 2.45 .68 1.23 2.2~
Mar. 5.60 I.U .8.3 1 40 .46
April 2.06 .49 1.75 3.83 2-.&
May 1.50 3.83 2.81 2.58 1.19
June 1.31 3.32 1.47 5.72 2.86
To 27th July 3.C8 2.58 2.13 4.39 11.
16.50 16.79 11.83 24,20 13.76


TRADE MARKS OFFICE,
ANTIGUA, 13th Jnly, 1957.
I,l11~UUDEZ BISCUIT COMPANY LIMITED of No. 10-14 Duncan Street, Port-of-Spain, Trinidad, have
appli d for lRegistrition of one Trade Mark consisting of the following:-







DIXE


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 one month
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 duplicate at the Trade Marks Office, Antigua, of
opposition to registration of the said Trade Mark.

Cecil 0. Byron,
Registrar of Trade Marks.








August 1, 1957.] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE 165

With reference to paragraph 5 of the Notice regarding Hurricane Precautions in 1957 dated
Sth July, 1957 and published in the local Newspapers the following should be substituted for the
particulars in respect of Rladio Trinidad;-


Station.


Radio Trinidad


Frequency ( Wavelength)


790 Kcs
730 ,
3275 ,,
6085 ,,


(379.7m.)
(411.0m.)
( 91.6m.)
( 49.3m.)


Daily weather
reports.
6.45 a.m.
6.54 a.m.
8.10 a.m.
12.40 p.m.
7.54 p.m.


Special hurricane
warnings.
8.00 a.m.
8.00 a.m.
2.00 p.m.
8.00 p.m.
11.00 p.m.


Administrator's Office,
St. John's,
Antigua,
24th July, 1957.
'ef. No. S.S. 52!6-II

TRADE MARKS OFFICE,
TORTOLA, B.V.I., 18th July, 1957.
BERMUDEZ BISCUIT COMPANY LIMITED of 10-14 Duncan Street, Port-of-Spain, Trinidad, B.W.I.
.have applied for Registration of one Tr.de IMark consisting of the following:-










in Class 42, that is to say: Substances used a- footi or as ingredients in food.
The applicants claim that they have used the said Trade Mark in respect of the said goods for one month
before the date of th-ir said application.
Any person may within three months of tho date of the first appearance of this Advertisement in the
Antigua, Montserrat and Virgin Islands Gazette, give notice in duplicate at the Trade Marks Office, Tortola, British
Virgin Islands of opposition to registration of the said Trade Mark.
H. ALEX. BESSON,
Registrar of Trade Marks.


TRADE MARKS OFFICE,
PLYMOUTH, MONTSERRAT.
18th July, 1957.
BERMUDEZ BISCUT!' COMPANY LIMITED of No. 10-14 Duncan Street, Port-of-Spain, Trinidad have
applied for Registration of onr Trade Mark consisting of the following:--










in Class 42 that is to say: Substmices 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 one month
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 Virqgi Islands Gazette, give notice in diiupicate at the Trade Marks Office, Montserrat,
6f opposition to registration of the s.id Trade Mark.
F. O. C. HARRIS,
Registrar of Trade M rkS*








166 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [August 1, 195T
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS&
ANTIGUA CIRCUIT.
On Appeal from the Magistrate's Court District A ".
APPEAL NO. 5/1957.
Between:


CLAUDE EARL FRANCIS
and
ADRIAN A. M. HILL
Superintendent of Police


Before:


I appellant


J1C$/)0fdeflt


LEWIS, J.


L. Lockhart for Appellant
J. Hannays (Legal Assistant) for Respondent

JUDGMENT
8th July, 1957.


The appellant was convicted by the Magistrate
of District "A sitting in St. John's on the llth
day of April, 1957, of the offence of driving a
motor vehicle on the Old Parham Road on the 22nd
day of March, 1957, without reasonable considera-
tion for the other persons using the road, contrary
to Section 53 of the Vehicles and Road Traffic
Ordinance 1956.
The appellant has appealed from the Magis-
trate's decision on the following grounds:-

1. That the decision is erroneons in
point of law in that the learned Magistrate
was wrong in holding that the defendant was
driving A.G. 998 at the time of the accident,
the car being at a standstill.
2. That the decision is unreasonable and
cannot be supported having regard to the
evidence; in fact all the evidence points to the
conclusion that the defendant exercised every
care for other users of the road.

This appeal has caused the Court some concern
because the trial magistrate has failed to remit to
the Court, in accordance with the usual practice, a
memorandum containing the reasons for his decision
and the primary facts found by him. This Court
is aware that no statutory authority exists for this
practice, but nevertheless the practice is a well
established one and has much to commend it, and
the Court is of the opinion that it should be
observed in all cases where an appeal is lodged
against a magistrate's decision.

There is no power under the Magistrate's Code
of Procedure Act, Cap. 61 to remit an appeal by
motion to a trial magistrate for further information
as may be done in the case of an appeal by way of
a stated case. In the circumstances the Court is
left with no other alternative but to try and
ascertain as well as it can what facts the magistrate
must, ex necessitate, have found on which to base
his decision to convict.


It appears to me that the findings of fact
implicit in the magistrate's decision are either

(a) that the appellant had brought his
car to a standstill before the accident occurred,
or
(b) that the appellant's car was still in
motion when the accident occurred, and that in
either case the appellant's conduct in the
circumstances was such that it could reasona-
bly be held by the magistrate that he was
driving his car in the manner charged.

The facts of this case are that the appellant
was driving along the Old Parham Road at about
12.45 p.m. on the day in question in the direction
of St. John's. There were two other persons in
the car with him one of whom, Sergeant Brookes,
was sitting in the front sent on the appellant's left,
and the other, Sergeant Simon who was sitting in
the back seat. Sergeant Brookes says that the
appellant was driving (,o his left side of the road,
and after the appellant's car had passed the Antigua
Grammar School he (i.e. Sergeant Brookes) saw
two other vehicles on the road. One was a car
A.G. 651 which was parked on the extreme left of
the road facing St. John's, and the other a lorry
some four or five hundred feet away from the
parked car and approaching the appellant's car in
the opposite direction. The lorry when first seen
by Sergeant Brookes was in the centre of the road
and at this time the appellant's car was about the
same distance from the parked car as was the lorry.
The vehicles continued to approach each other
increasing their respective speeds according to
Sergeant Brookes from about 20 to 25 m.p.h. and
when the appellant's car was about 15 to 20 feet
from the parked car the appellant moved towards
the centre of the road and stopped his car. The
lorry continued to approach and attempted to pass
the appellant's car. This manoeuvre was not
wholly successful for Sergeant Brookes says he
"heard a bang at the rear end" of the appellant's
car.








[August 1, 1957 THE ANTIGUA, MONTSERPRAT AND VIRGIN ISLANDS GAZETTE. 167


The appellant in his evidence admits that
be drew from his extreme left hand side of the
road to the middle of the road, but says that he
did so to avoid some school children who were
on his left side, and it was then he observed tie
oncoming lorry. He says il:at it was obvious to
him that he could not pas thie parked car before
the lorry did, and as tlh lorry had the right of
way he drew slightly to the left as the children
had then gone through a hIedge, and brought his
car to a standstill about 12 to 15 feet behind the
parked car.
A witness for the prosecution named
:Samuel Bousan who was the driver of the lorry
'concerned says that while Iiis lorry was passing
the parked car defendant was about passing,
same car also. I felt I touch him so 1 slowed
up. Defendant was at that time almost centre
of the road." This witness under cross examina-
tion said I never saw when you stopped
behind A.G. 651. When I began to pass you
I thought the whole of my lorry could pass you
clear. I believed you did the touching in the
winding of your stopping." The inference to
be drawn from this witness's evidence is that the
witness was of the opinion that the appellant's
car was not at rest when the vehicles touched
each other.
The evidence of Sergeant Brookes on this
point is very clear however. In answer to ,lues-
tions by the Court he said "Defendant's car
A.G. 998 stopped about 15 feet to rear of A.G.
651 and was in the centre of the road. At that
time lorry was 5 feet away from A.G. 651." The
appellant himself says that he stopped his car
before the accident occurred and his statement
in this respect is corroborated by Sergeant
Brookes who, the appellant admits gave his evi-
dence in a very fair muar n r. On the other hand
the witness Samuel Bousan who was called for
the prosecution was the driver of the lorry con-
cerned in the accident and it is only natural that
he should portray his own actions in the most
favourable light or at least attempt to minimize
the part lie played in the accident and accentuate
the appellant's. One wonders why, with another
member of the Police Force present in the appel-
lant's car, the prosecution thought it necessary
to call Samuel Bousan as one of its witnesses. In
the light of these facts the conclusion cannot be
avoided that the evidence of the witness Samuel
Bousan was tainted by self interest and conse-
quently the evidence of Sergeant Brookes which
corroborated the app-llhnt's statement that his
car was brought to a standstill before the acci-
dent occurred is to be preferred to that of
Samuel Bousan. In the circumstances I am of the
opinion that the magistrate could reasonably
have found that the appellant's car had come to
a standstill before the accident occurred and a
contrary finding would appear to me to be
against the weight of evidence. Such a finding
in the appellant's favour ('C.es not mean however
that the appellant by merely stopping his car
before the accident occurr.'d thereby freed him-
self of any responsibility or duty to other users


of the road and therefore another question arises
viz: Could the magistrate on the evidence before
him, and despite the fact that the appellant's car
may have been at rest when the accident occur-
red, have found that the appellant in the circum-
stances then existing was driving his car in the
manner alleged in the charge ? To answer this
question it is necessary to ascertain what were
the circumstances in which the appellant
brought his car to a standstill, and to what
extent, if any, this action on the part of the
appellant may have contributed to or caused the
accident.
A witness for the prosecution Sergeant
Osborne gave evidence of measurements which
he took at the scene of the accident. It is alleged
by Sergeant Brookes and not contradicted by the
appellant that the appellant's car was in the
same position when the measurements were
laken as it was when the accident occurred. The
appellant also admits that he is in no position to
question the measurements made by Sergeant
Osborne therefore these measurements must be
accepted as being true and correct. The Ser-
geant says that the road at the relevant spot was
16 feet 10 inches wide, the distance from the
right front wheel of the appellant's car to the
right edge of the road was 7 feet 8 inches and
from the right rear wheel to the right edge of
the road 6 feet 9 inches. The centre line of the
road would of course be 8 feet 5 inches from
each side of the road and the measurements
given by Sergeant Osborne clearly indicate that
the appellant had stopped his car well over the
centre line of the road and at somewhat of an
angle across, and not parallel with, the road.
It was argued by counsel for the appellant
that before a conviction could be obtained for
the offence with which the appellant was
charged it must he shown that the appellant did
some positive act constituting the offence. In this
particular case he submitted that as the appellant
was merely sitting passively in his car when both
vehicles came into contact he could not be convicted
under the section, although he might be charged
under some other section with obstruction. Coun-
sel for the appellant further submitted that it was
essential in order to obtain a conviction under the
section that evidence should be given that the per-
son charged had his vehicle in motion. These
submissions do not commend themselves to me.
A person while driving his car may do some act or
series of acts which in particular circumstances
might constitute the offence charged, or he may, on
the other hand, even after he has brought his car
to standstill by his actions immediately preceding
the stopping of his car have created a situation so
hazardous to other users of the road that a magis-
trate may be justified in finding his user of the
road unreasonable notwithstanding the fact that his
car was not in motion at the time. I am of the
opinion therefore, that evidence to the effect that
the appellant's car was in motion is by no means
an essential ingredient of the offence with which he
is charged and it was not incumbent on the prose-
cution to establish this fact.








168 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [August 1, 1957


The evidence makes it clear that the appellant
brought his car to a standstill over the middle line
of the road and on that side of the road along
which the lorry would have to pass. It was also
clear that the space through which the lorry had
to pass (omitting for the moment consideration of
the grass verge which was 2 feet wide) was 7 feet
8 inches wide at the front of the appellant's car
and 6 feet 9 inches at the rear of the said car.
The lorry itself was 7 feet 2 inches wide. These
were the conditions created by the appellant and
in those conditions a lorry driver 5 feet away
from the parked car and travelling at a speed
somewhere between 15 and 25 m.p.h. was called
upon to make a decision whether or not he could
safely negotiate the passage between the right of
the appellant's car and the right hand side of
the road.
The distance which the lorry driver had to
travel before he came abreast of the appellant's
car cannot be ascertained with any degree of
accuracy as the length of the parked car has not
been given in evidence. All that can be said is
that before the lorry actually got abreast of the
appellant's car it would have to travel the
estimated distance of 5 feet between itself and the
parked car, also the length of the parked car and
the distance between the parked car and
the appellant's car. This latter distance was
measured by Sergeant Osborne and found to be
7 feet 3 inches as between the front bumper of
the appellant's car and the back bumper of the
parked car.
In the circumstances assuming that the parked
car was 7 feet 6 inches long the lorry would
have had to travel only about 10( feet before it
came abreast of the appellant's car. This was
a relatively short distance and consequently the
witness Samuel Bousan could not have had much
time to arrive at a calculated decision travelling as
be was at a speed between 15 and 25 m.p.h.
Nevertheless Bousan decided that his lorry could
safely pass the appellant's car in the available
space. In the events which subsequently happened
his judgment was shown to be erroneous as his
lorry in fact came into contact with the rear end
of the appellant's car.
It was argued by counsel for the appellant
that the witness Bousan could safely have passed
the appellant's car if he had used the grass verge,
and that in any event as the appellant's car was


already at Iest before the lorry attempted to pass.
it the initiative had c(-ased to be with the appellant
and had passed to thle driver Bousan on whom
alone the responsibility rested to take such action
as the circumstances required. Thcorecticallv this
argument is sound lut in actual fact the driver
of the lorry was placed in a position where he had
to make a decision in the agony of the moment
and in a matter of seconds. He was placed in that
position through no fault of his own but by the-
action of the appella:;t in bringing his car to,
a standstill in an awkward situation in the path of
the oncominii lorry. These were the circuIm-
stances in which the acidlent occurred andi in the
light of these facts the nmiistrate decided to convict
the appellant.
It was submitted by counsel for the respon-
dent that whether the magistrate found the-
Ippellant's car to be at a standstill or in motion
at the time when the accident occurred was
immaterial provided that the surrounding cir-
cumstances at the time were such (and he
submitted that they were) that the magistrate
could reasonably have found that the appellant
was guilty of the charge. He therefore sub-
mitted that the magistrate's decision ought not
tp he disturbed. On the other hand counsel for
tlie appellant submitted on the authority of
Bracegirdle v Oxley (1947) 1. All E.P. 126 that
the Magistrate's decision was one to which no
reasonable magistrate, applying his mind to
proper considerations and giving himself proper
directions, could come and consequently this
Court ought to interfere with the decision.
I am unable to agree with this submission, for
although it is possible that another magistrate
dn the same facts may have come to a different
conclusion it cannot inevitably be said that the
magistrate's decision in this case was so unrea-
sonable that it ought not to stand. I therefore
hold that it was open to t.h magistrate to find
in the circumstances that the appellant was
driving his vehicle wit !iout reasonable considera-
tion for other persons using the road and I am
df the opinion that such a finding can be
supported by the evidence.
In the result tih appeal will be dismissed
and the appellant is ordered to pay three
guineas costs.

P. Cecil Lewis,
Puisne Judge.


Printed Ft the Government Printing oEtxe, An Fa LeOfsfrd lsi, by ,E BLaCKMAN,
Government Printer.-By Authority.
1957.


[Price 19 cents







Titl, biy Regjidrat on
Act (Amendment).


ANTIGUA.

No. of 1957.

BILL FOR

An Ordinance to amend further the Title by
Registration Act.

[ ]
ENACTED by the Legislature of the Colony
of Antigua.

1. This Ordinance may be cited as the Title
by Registration Act (Amendment) Ordinance,
1957, and shall be read as one with the Title by
Registration Act, as amended, hereinafter called the
Principal Act.


2. Section 12 of the Principal Act is hereby
repealed and replaced as follows:-

"12. (1) Land not registered under
this Act may be so registered-
(a) if the applicant can show a good
a ,, documentary title thereto in himself aln


Q ..
,?* C i'-I ^


Commence.
ment.



Short title.
Cap. 99; Acts
7/192s
21/1932
5/1935
15/1937
4/1943
21/1944
9/1954; and
26/1956.
S. R. & O.
1956 No. 22.
Section 12 of
the Principal
Act repealed
and replaced.
Right to first
certificate de-
fined and
application
therefore,


N'o, of 1 957.


ANsrTcuA .





ANTIGUA. 2 Title by Ri, ,,/. iri No, of 1957,
Act (Amendment).
his predecessors in ownership for at least
thirty years next before the date of the
presentation of the request under this Act;
(b) if, notwithstanding that such
documentary title thereto cannot be
shown, the Court is satisfied from the
deeds or other documents accompanying
the request that the applicant has the
right to claim the land as owner and that
he himself has been in undisturbed pos-
session of the same continuously during
the period of twelve years next before
the date of the presentation of the request
under this Act;
(c) if the applicant has, by descent
or by will or deed, acquired a title to the
land from a person who would have been
entitled himself to have the land registered
in accordance with the provisions of para-
graph (b) of this subsection;
(d) if the land has been in the sole
and undisturbed possession of the appli-
cant alone in his own right or as executor,
administrator or trustee, or partly in the
sole and undisturbed possession of the
applicant in any such right and partly in
the sole and undisturbed possession of
any other person through whom he
claims, continuously for a period of thirty
years next before the date of the presen-
tation of the request under this Act.
(2) The application to bring land
under this Part of this Act shall be made
by the owner who shall present a request
to the Registrar-of Titles for the issue to
him of a first certificate in respect of the
land described in the request.
(3) Where the owners of the land
are joint tenants, tenants in common or
coparceners, the request shall be made in
the names of, and shall be signed by, all
of them.






No. of 1957. Title by .Registration 3 ANTIGUA.
Act (Amendment).
(4) The request shall be in Form 1
in th- Second Schedule and shall be
accompanied at the rime of presentation
by all the titles, deeds or other documents
under which the applicant claims to be the
owner of the land.

(5) Forthwith upon the presenta-
tion of the request, the Registrar of Titles
shall thereupon proceed to give public
information of such application by exhib-
iting on the door of the Court House a
copy of the Schedule of applications in
Form 3 in the Second Schedule, and the
person presenting the request shall give
further notice of such application by
causing that part of the said schedule of
applications which relates to his applica-
tion to be advertised in two issues of at
least one newspaper published in the
Colony, and no such certificate shall be
issued until the expiration of four weeks
from the date of exhibiting the schedule
or from the date of the first appearance
thereof in the said newspaper.

(6) The applicant shall also within
seven days after the presentation of the
request cause notice of the application to
be served personally upon all owners or
cocupiers of land adjoining the land for
which a first certificate is applied for, and
no certificate shall be issued until proof
has been given by the applicant that such
notice has been given and that four weeks
have expired since the giving of that
notice.

(7) A Judge may, upon or without
any application, order such special notifi-
cation to individuals or generally, or may
direct such public advertisement of the
application for the first certificate in.
newspapers outside the Colony as may to
him appear just and reasonable,






4 Tith l7y Re, L i' oVn
Act (Amendment).


(8) Every request for the issue of a
fir,;t certificate shall be accompanied by a,
plan made by a licensed surveyor, and the
Regis rar of Titles shall reject any plan
which he considers insufficient, -llljOct to
an appeal to a Judge in Chambers.
(9) Where the application for a
fir-t certificate is in any respect basod on
possession of the 1;iid, the request shall
be accompanied by affidtivits of the appli-
cant and of two other persons at least,
and such Ilii. Ivits shall set out in detail
the facts establishinug that the applicant
has been in sole and u disturbed
possession of the lannd continuously for the
period of time required by this section as
well as the acts of ownership exercised
over the land and shall prove that the
rents, fruits and profits accruing out of
the land have been taken and appropri-
ated by the applieaint as owner during
such period."

Section 14 of 3. Section 14 of the Principal Act is hereby
the Principal repealed and replaced as follows:-
Act repealed.
and replaced.


"Possession to
he possession
as owner.


14. (1) Possession for the purpose of
of section 12 of this Act shall be possession
as owner by a person, his heirs, executors
administrators or assigns and not as an
encumbrancer holding a life interest or interest
for a term of years or other less estate.


(2) A certificate of title issued under
section 13 of this Act to an executor, adminis-
trator or trustee shall be expressed as having
been issued to the applicant as such executor,
administrator or trustee. "

Amendment 4. Section 19 of the Principal Act is hereby
of section 19 amended-
of the Princi-
pal Act, (i) by substituting the words and figures
"Crown Proceedings Ordinance,
1954" for the words "Crown Suits
Act or any Ordinance amending,


ANTIGIYA.


N'o. of 1957.






No. of 1957.


Title by 7I:.i,'-tro.in
Act (Amendment).


repealing or substituted for the
same" in subsection (1) of the
section; and '" 1/19!l 9 for 3 of
;/23 in the niargilna note thereto;
:nd
(ii) by substituting the words into the
general revenue of the Colony for
the words into the said fund in
subseciion (2) of the section.

5. Subsction (2) of section 3-4A of the
Principal Act is herebv amended Lby substituting
" Subsectinns (5), (6), (7) and (8) of secction 12 as
well as section 13 for Sections 12 and 13"
occurring therein.

6. The Principal Act is hereby amended by
inserting therein immediately after section 34.\ the
following sections numbered 341B. 31C, 341), 34E1
and 34 F:-
3 1'. Where a certiffic:te of title has
been issued without a plai atta(hl ed it shall
be lawful' for the Registrair of Titles at the
request of the registered )proprietor to
issue to such register (1d proprietor a new
certificate of title with plan attached.

34C Notwithstandint anything to
thel contrirv contained in this Act,, from
:ii1d aitr tie iilii into operation of
llhis s iom every rI(ueest for the is ue of
a first certificate of title atnd, when there
is no plan attached to the certificate of
title, every application made under
sections 341 aiind 114 of this Act for the
issue of a new certificate of title and every
transfer and every request for transmis.
sion of land registered under this Act and
every request for the issue of a new
certificate of title under the provisions of
sections 34E and 34F of this Act shall be
accompanied by three plans of the land to
be described in the certificate of title, two
of which shall Ie attached to the original
and duplicate certificates of title when
issued.


I'. Tl(A~i1.4.


Amendmuont
of section 34A
of the Princi-
pal Act.



Inlertion of
n,-w sectionR
in the Princi-
pal Act.

Issue of new
certificate of
title with plan
attached.




Request for
first certificate
of title etc. to
he a(cromp -
nied by plan.






ANTIGUA. 6

Section 12 (5)
(6) (7) (S) and
stfinol 13 to
apply to rc-
questp under
sections 34B
and 34C.

Partition.














Rectification
of plan.


Amendment
of section 136 ame
of the Princi-
pal Act.


Title by Registration
Act (Amendment).


No. of 1957"


34D. Subsections (5), (6), (7)
and (8) of section 12 as well as section
13 of this Act shall have effect, mutalis
.mutandis, on every request made under
sections 34B and 34C of this Act.

34E. Where an Order for the par-
tition of land registered under this Act is
made by the Court the Writ of Partition
directed to the Provost Marshal shall
be sufficient to authorise the Provost
Marshal to transfer to the several parties
amongst whom the land has been
partitioned their respective portions, and
subject to-the production of the required
plans by the respective parties concerned
the Registrar of Tities shall at the request
of the Provost Marshal i-sue certificates
of title to the said parties for their
respective portions at their expense.

34F. If it is proved to the satisfac-
tion of the Court or a Judge that any
err o or discrepancy appears on a plan
registered under this Act he may direct
such inquiry as he may think fit to be
made into the circumstances of the case
and upon proof of such error or
discrepancy order that the plan be
corrected or rectified or that .a new plan
be made and substituted for the former:
Provided that on every such inquiry four
weeks notice shall be given to the owners
or occupiers of lands adjacent to the
portion of land comprised in the plan
to be corrected or rectified and likely to be
affected by such correction or rectification
and provided further that when a new
plan is ordered section 34D of this Act
shall also apply to this section."

7. Section 136 of the Principal Act is hereby


ided-


(a) by inserting a comma after the
word "clerks "; and






No. of 19!i7. Title by Ityi.( a',.-n 7 ANTIGUA.
Act (Amendment).

(b) by inserting the words "or by
means of a rubber stamp between the
said comma and the words "if such".

8. Section 146 of the Principal Act is hereby Amendment
amended by substituting the word "appears for of e"tion 4i
the word "bears ". pal Act.
9. Section 164 of the Principal Act is hereby Amendment
amended by substituting the word "Crown for ofoctin 164
M 'of the Prinoi-
the words "assurance fund pal Act.
10. Section 165 of the Principal Act is Amendment
hereby amended by substituting the 'words of se tion165
of the Princi-
"Supreme Court for the words Circuit Court ". pal Act.
11. Section 170 of the Principal Act is hereby oAm meno
amended by inserting the words or otherwise con- of the Princi-
trary to the provisions of section 19 of the Supreme pal Aot.
Court Act, 1939 between the words for or in
expectation of any fee, gain or reward and the
words and a further affidavit "; and substituting
" 20/1939 for Cap.22 in the marginal note to
the section.

President.
Passed the Legislative Council this
day of 1957.


Clerk of the Council.






ANTIGUA. 8


'No, of 1.957


Title b(/ ARm),'
Act (Amendment),


OBJECTS AND REASONS.


The object of this Bill is to revise the Title by Registration
Act in the following respects:-

(i) by seeking to make provisions to define more
precisely the right of the owners of unregistered
land to bring the same under the operation of the
said Act (Clauses 2 and 3); and
(ii) by seeking to amend the Act in other respects
which are deemed necessary.
2. Clauses 2 and 3 of the Bill are based upon the Title
by Registration Act (Amendment) Ordinance, 194! (No. 2 of
1949) of Dominica and clause 6 of the Bill is based upon the
Title by Registration Act (Amendment) Ordinance, 1950
(No. 15 of 1950) of the same Colony.


Attorney General's Chambers,
St. John's,
Antigua.
28th March, 1957.


W. E. JACOBS,
Attorney General.


Printed at the Gnvernmint Pilnting Difito, Antigua. Leeward Islands,
by E. M BLTACKMAN. Government Printer.-By Authority.
1957.


(Price JO mils.).


A 471180--320--7.57.





No, of 9l.i7. L' /..': Act (Amendment)


















ANTIGUA


No.


of 1957.


BILL FOR
An Ordinance to amend further the Licensing Act,
1879.
[ Commnence.
ment,
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the Short title.
Licensing Act (Amendment) Ordinance, 1957,
and shall be read as one with the Licensing Act, 4/1879
1.879, as amended, hereinafter called the Principal 4/i97(;
Ordinance.


2. Section 3 of the Principal Ordinance is
hereby amended as follows:-

(i) by deleting the definition of the
expression cruise ship "; and
(ii) by substituting the following for the
definition of the expression
hotel "-
"hotel means any building or
group of buildings (occu-


Amendment
of section 3 of
the Principal
Ordinance.


ANTI,' A.






ANTIGUA. 2 Licenisi,, 2L'I Ac Iamcndt) No.O.


pied together) fur the ac-
comnnodation for reward of
guests and includes the
cartilage thereof and all
structures within such cur-
Stilage or occupied with or
appurtenant to the said
building or group of build-
inrgs ;.
3. Section 4 of the Principal Ordinance is
hereby amended by deleting the words and brack-
ets (other than applications for a proprietary
club licence)".

4. Section 11A of the Principal Ordinance
is hereby repealed.

5. Section 12 of the Principal Ordinance is
hereby amended as follows:--

(i) by substituting the following for
subsection (2):-


"Hotel
licence.











No intoxica-
ting liquor to
be sold in any
hotel not duly
licensed.

Premises to
he suitable
for use as
hotel.


(2) (a) A hotel licence, in the
form set out in Schedule E to
this Act, which shall authorise
the person to whom it is granted
to sell by retail any intoxicating
liquor, on which every duty pay-
able thereon has been paid, to be
consumed on the hotel premises,
whether the person to whom such
liquor is supplied is or is not a
Si-, t at such hotel.

(b) No intoxicating liquor shall
be sold or exposed, offered or kept
for sale, in any hotel which is not
duly licensed in that behalf.

(c) No hotel licence shall be
granted for any premises unless
the Licensing Magistrat, is satis-
fied that the said premises are
designed and fitted out for use aa
a hotel.";


Aumendnmet
of section 4 of
thile Principal
Ordinance.


Section 11 A of
the Principal
Ordinance
repealed.
Amendment
of section 12
of the Princi-
pal Ordinance.


of 1957.






No. of 1957. Licensing Act (Amendment) : A\i)'A.

(ii) by deleting subsection (2A);
(iii) in subsection (6)-
(a) by renumbering the subsection
as paragraph (a) thereof,
(b) by substituting the words
Licensing I3 tiistrate" for the words
Governor in Council occurring in
the subsection, and

(c) by adding the following as para-
gtr;ph (b) of the subsection:-
(b) No proprietary club
licence shall be granted in respect
of any premises which the Licen-
sing Magistrate is satisfied are
either designed and fitted out for
use as a hotel or are being used
as a hotel.";
(iv) in subsection (8)-
(a) by substituting the words On
every hotel licence, seventy-two dol-
lars for the words (On every hotel
licence, ten pounds ", and
(6) by deleting the words "On
every special hotel licence...........
twenty-four dollars ".

6. Section 32 of the Principal Ordinance is Amendment
hereby amended as follows:- of section 32
of the Priaoi-
pal Ordinance.
(i) by substituting the words a tavern
licence or a club licence for the
words a tavern licence, a club
licence or a special hotel licence"
occurring in subsection (1); and
(ii) by deleting the words or to persons
other than guests in an hotel in
respect of which a special hotel
licence has been granted and the
words or special hotel" occurring
in subsection (3).






ANTIoIUA. 4 Licensing Act (Amendment) No. of 1957.


Amendment
of Schedule E
to the Princi-
pal Ordinance.

Repeal of
Schedule E
to the Princi
pal Ordinance.


7. Schedule E to the Principal Ordinance
is hereby amended by substituting the word per-
son for the word guest occurring therein.

8. Schedule E5 to the Principal Ordinance
is hereby repealed.



President.

Passed the Legislative Council this
day of 1957.


Clerk of the Council,





No, of 1957. TL.,,.'.v ig Act (AAmend7mntn) 5 ANTIGUA,
OBJECTS AND REASONS.


At present, every person desirous of applying for the
grant or renewal of a proprietary club licence shall make appli-
cation for the same to the Governor in Council who may
authorise the Collector of Customs to grant the appropriate
licence or may reject the application; such rejection is final
and no appeal lies therefrom.
2. There are also, at present, Hotel licences and Special
hotel licences which may, inter alia, be granted under the
provisions of the Licensing Act, 1879, as amended. A hotel
licence authorises the person to whom it is granted to sell by
retail to any guest in the hotel therein named or described any
intoxicating liquor, on which duty has been paid, to be con-
sumed upon the hotel premises. A Special hotel licence
authorises the person to whom it is granted to sell by retail
between the hours of eight o'clock in the morning and eleven
o'clock in the evening any intoxicating liquor, on which duty
has been paid, to be consumed on the hotel premises, whether
the person to whom such liquor is supplied is or is not a guest
at such hotel. During the time that any cruise ship is within
the limits of a port in the Colony, or on the occasion of any
dance, ball, or other entertainment being held in a specially
licensed hotel, the senior police officer in the Colony may grant
a written authority to the occupier of a specially licensed hotel
to sell intoxicating liquor to the passengers from such ship and
other persons attending at such time such dance, ball or other
entertainment during such hours and on such days as may be
specified in such written authority.
3. As regards paragraph 1 of this memorandum, it has
been decided that licensing powers in respect of proprietary
clubs should, as they were formerly, be conferred upon the
Licensing MT.,istrate and this Bill seeks to give effect to that
decision. The Bill also seeks to prohibit the granting of
proprietary club licences in respect of any premises which the
Licensing Magi- tr.it, is satisfied are either designed and fitted
out for use as a hotel or are being used as a hotel.
4. As regards paragraph 2 of this memorandum, it has
been decided that persons to whom Hotel licences have been
granted should, as at present, be authorised to sell intoxicating
liquor by retail to be consumed on the hotel premises at any
time. It has, however, also been decided that such persons
should be authorised to sell intoxicating liquor as aforesaid,






ANTIGUA. 6 Li;. enf,,I Act (Amendment) No. of 1957.

not only to guests in hotels but also to persons who are not
such guests and that Special hotel licences should no longer
be granted-this Bill also seeks to give effect to those decisions.
5. At present the fee payable in respect of a hotel licence
is $4S.00 quarterly and that in respect of a Special hotel
licence is 2 1.00 quarterly. In consequence of the proposal
to abolish Special hotel licences, the Bill seeks to increase the
fee in respect of hotel licences to $72.00 so as to avoid any loss
of revenue.
6. The opportunity has been taken to substitute, in the
Principal Ordinance, a new definition for the expression
" hotel "

W. E. JACOBS,
Attorney General.

Attorney General's Chambers,
St. John's,
Antigua.
19th June, 1957.






















Printed at the Government Printing Office, Antigua, Loew ad ialands,
by E. M. BLACKMAN M.B.E., Government Printer.-By Authority.
1957.


A. 47195-320-7.57,


Price 8 cents.






No. of 1957.


Law Reform
(Miscellaneous Provisions).


ANTIGUA.


No.


of 1957.


BILL FOR
An .Ordinance to amend the common law in certain
respects and to enact certain provisions affect-
ing civil remedies.
SCommence
ment.
ENACTE D by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the Law Short title.
Reform (MIiscellaneous Provisions) Ordinance,
1957.


2. (1) In this section-
" court means, in relation to any claim, the
court or arbitrator by or before whom the
claim falls to be determined;
" damage includes loss of life and personal
injury;
" fault means negligence, breach of statutory
duty or other act or omission which gives
rise to a liability in tort or would, apart
from this Ordinance, give rise to the
defence of contributory negligence.


Apportion-
ment of liabi-
lities in case of
contributory
negligence.


ANTIGUA.






ANTIGUA. 2 Law Refornm Io. of 1957.
(Miscellaneous Provisons).

(2) Where any person suffers damage'as the
result partly of his own fault and partly of the
fault of any other person, a claim in respect of that
damage shall not be defeated by reason of the fault
of the person suffering the damage, but the dam-
ages recoverable in respect thereof shall be reduced
to such extent as the court thinks just and equitable
having regard t,: the claimant's share in the
responsibility for the damage:
Provided that--
(a) this subsection shall not operate to
defeat any defences arising under a contract;
(b) where any contract or enactment
providing for the limitation of -liability is
applicable to the claim, the amount of damages
recoverable by the claimant by virtue of this
subsection shall not exceed the maximum limit
so applicable.
(3) Where damages are recoverable by any
person by virtue of the foregoing subsection
subject to any reduction as is therein mentioned,
the Court shall find and record the total damages
which would have been recoverable if the claimant
had not been at fault.
(4) Where any person dies as the result
partly of his own fault and partly of the fault of
any other person or persons, nmd accordingly, if an
action were brought for the benefit of the estate
8/19t, under section 2 of the Causes of Action (Survival)
Act, 1951 the damages recovera'ble would be reduced
under subsection (2) of this section, any damages
recoverable in an action brought for the benefit of
the wife, husband. parent or child of the deceased
Cap. H person" under the Fatal Accidents Act shall be
reduced to a proportionate extent.
(5) Where, in any case to which subsection
(2) of this section applies, one of the persons at
fault avoids liability to any other such person or
his personal representative by pleading any enact-:
ment limiting the time within which lr.... l;igs
may be taken, he shall not be entitled to recover
any damages or contributions from that other person
pr representative by virtue of the said subsection,







No. of 1957.


Law Reform
(Miscellaneous Provisions).


3 ANTIGUA.


(6) Where any case to which subsection (2)
of this section applies is tried with a jury, the jury
shall determine the total damages which would have
been recoverable if the claimant had not been at
fault and the extent to which those damages are to
be reduced.

(7) Article 21 of the Convention contained
in the First Schedule to the Carriage by Air Act,
1932, (which empowers a Court to exonerate
wholly or partly a carrier who proves that the
damage was caused by or contributed to by the
negligence of the injured person) shall have effect
subject to the provisions of this section.

3. Section 2 of this Ordinance shall not
apply-
(a) to any claim to which section one of
the Maritim n Conventions Act, 1911, applies,
and that Act shall have effect as if this Ordi-
nance had not been passed; or

(b) to any case where the acts or omissions
giving rise to the claim occurred before the
-passing of this Ordinance.

4. (1) The doctrine of common employment
at common law is hereby abolished, and it shall not
be a defence t,, a action against a defendant for
damages in respect of personal injuries caused by
the wrongful act, neglect or default of a person
employed by the defendant, that that person was
at the time of the occurrence which caused
the injuries in common employment with the
plaintiff.
(2) Every provision in a contract of service
or apprenticeship, or in an agreement collateral
thereto (including a contract or agreement entered
into before the commencement of this Ordinance)
is void in so far as it had the effect of excluding
or limiting any liability of the employer in respect
of personal injuries caused to the person employed or
apprenticed bv the wrongful act, ni, le:t or
default of any person in common employment
with him.


22 & 23 Geo. V
c. 36






Savings for
Maritime
Convention
Act, 1911, and
past cases.
1 & 2 Geo.
V. c. 57.


Abolition of
doctrine of
common em-
ployment






ANTIGUA. 4 Law Reform No. of 1957.
(Miscellaneous Provisions).

(3) In this section, personal injuries in-
cludes any disease and any impairment of a person's
physical or mental condition.
(4) This section binds the Crown.
Liability of 5. (1) In this section-
owner of dog
ersos, pou poultry means domestic fowls, tur-
try and small keys, geese, ducks and guinea fowls;
stock.
small stock means calves, heifers,
sheep, goats and swine.
(2) The owner of a dog shall be liable, in
damages for injury done to any person, poultry or
small stock by that dog: and it shall not be necessary
for the person seeking such damages to show a
previous mischievous propensity in the dog, or the
owner's knowledge of such previous propensity, or
to show that the injury was attributable to neglect
onthe part of the owner.
(3) Where any such injury has been done
by a dog, the occupier of any house or premises
where the dog was kept or permitted to live or
remain at the time of the injury shall be presumed
to be the owner of the dog, and shall be liable for
the injury unless he proves that he was not the
owner of the dog at that time:
Provided that where there are more occupiers
than one in any house or premises let in separate
apartments, or lodgings, or otherwise, the occupier
of hat particular part of the house or premises in
which the dog has been kept or permitted to live or
remain at the tinie of the injury shall be presumed
to be the owner of the dog.

President.
Passed the Legislative Council this day of
1957.


Clerk of the council .






No. of 1957. Law Reform 5 AxTIGUA.
(Miscellaneous provisions).

OBJECTS AND REASONS.
The object of this Bill is to revise the law of
the Colony by bringing it into line with that in
force in England with respect to contributory neg-
ligence and the abolition of the doctrine of common
employment.
2. The Bill also seeks to make provisions
governing the liability of the owners of dogs for
injury to persons, poultry and small stock; these
provisions are also based upon United Kingdom
legislation but have been modified to meet local
requirements.
3. A Comparative Table is attached.
W. E. JACOBS,
Attorney General.
Attorney General's Chambers,
St. John's,
Antigua.
29th March, 1957.
COMPARATIVE TABLE
The Law Reform (Miscellaneous Provisions)
Ordinance, 1957.
1. Short Title
2. The Law Reform (Contribu-
tory Negligence) Act, 1945
(8 & 9 Geo. 6 c. 28), Sec-
tions 1 and 4. Adapted
3. The same. Section 3 Adapted
4. The Law Reform (Personal
Injuries) Act, 1948 (11 & 12
Geo. 6 c. 41), Sections 1, 3
and 4 Adapted
5. The Dogs Act, 1906 (6 Edw. 7
c. 32), Section 1 Adapted

Printed at the Government Printing Offioe Antigua, Leeward slanis,
by E. BLA"KMAN, Government Printer,-By Authority.
1957,


A, 47/220-320-7.57.


Price 7 cents.








ANTIGUA.


STATUTORY RULES AND ORDERS.
1957, No. 21.


The Police Welfare Association (Amendment) Rules, 1957,
dated July 17, 1957, made by the Governor by virtue
of section 60 of the Police Act, 1951 (No. 12 of 1951).


1. Citation. These lules may be cited as the Police
Welfare Association (Amendment) Rules, 1957, and shall be
read as one with the Police Welfare Association Rules, 1949
(General Government S. R. & 0. 1949, No. 14) hereinafter
called the Principal Rules.
2. Amendment. Paragraph (1) of rule 3 of the
Prir cipal Rules is hereby amended-

(a) by substituting the words not more than six
members for the words not more than five members ";

(b) by substituting a semi-colon for the colon after
the words in each year" and adding immediately after
the semicolon the words of these members, one shall be
either an inspector or a sergeant, two shall be corporals
and three shall be constables."; and

(c) by deleting the proviso to the paragraph.

Dated this 17th day of July, 1957.

A. T. WILLIAMS,
Governor.






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


A 60/84--530-7.57.


[Price 3 cents.]






MONTSERRAT.

STATUTORY RULES AND ORDERS.

1957, No. 15.

PROCLAMATION DATED JULY 26, 1957, PROROGUING THE LEGIS-
LATIVE COUNCIL OF THE COLONY.

BY THE GOVERNOR OF THE LEWARD ISLANDS.
A PROCLAMATION
0. R. Kelsick,
6(overnor's Deputy.
WHEREAS the Legislative Council of the Colony of
Montserrat has been duly constituted under the provisions of
the Montserrat Constitution and Elections Ordinance, 1952
(No. 1 of 1952.):
AND WIIERA1 S it is provided, inter alia, by subsec-
tion (1) of section 125 of the said Ordinance that the Gover-
nor may at any time, by proclamation, prorogue the said
Legislative Council:
AND WHEI EEA S it appears expedient to prorogue the
said Council:
NOW, 'IH E KlEEO0 E, in exercise of. the powers in me
vested as hereinbefore recited I do hereby prorogue the
Legislative Council of the Colony of .Montserrat until such
further date as imay be appointed, by proclamation of the.
Administrator under the provisions of section 18 of the said
Ordinance, for the first sitting in the next si.nii of the
said Council:
AND the members of the said Council and all other Her
Majesty's officers and loving subjects in the said Colony and
all those whom it may concern are hereby required to take
due notice hereof and to govern themselves accordingly.
GIVEN it the Golernmeni House, AntiQua, this
26th day of July, 1957, and in the sixth
ye'ar of Her Majesty's reign.
GOD SAVE THE QUEEN!

Printed at tne Government Printing Otfioa, Antigua, Leeward Islands,
by E. M. BArKMAN, GOVERNMENT PRINTER.-By Authority.
1907.


18/00076- 500---7.57.


[Price 3 cents.]









VIRGIN ISLANDS.



STATUTORY RULES AND ORDERS.

1957, No. 22.



The Public Holidays (Opening of Shops) (No. 2) Order, 1957, dated
July 22, 1957, made by the Governor in Council under Section 8 of the
Public Holidays Act, 1954 (No. 19 of 1954), as amended.


WHEREAS by section 8 of the Public Holidays Act, 1954
(No. 19 of 1954), as amended, it is provided notwithstanding anything
contained in the said Act the Governor with the advice of the Execu-
tive Council, may from time to time, by order published in the Gazette,
permit any class of shop or store specified in such order to be kept
open on a public holiday for the sale of any article in the Colony or
any part thereof during such hours and subject to such terms and
conditions as may be prescribed by such order:
AND WHEH;EAA4 the Governor with the advice of the Executive
Council of the Colony is pleased to order and it is hereby ordered as
follows:
1. Short title. This Order may be cited as the Public Holidays
(Opening of Shops) (No. 2) Order. 1957.
2. Opening of Shops. All shops and stores in the said Colony of
whatever.nature may be kept open on the public holidays stated in the
schedule hereto for the sale therein of any articles up to and including
the hour of 11.00 p.m. on the said days.
Made by the Governor in Council this 22nd day of July, 1' .7.
M. Titley,
Clerk of the Council.

SCHEDULE

5th August, 1957 (the first Monday in August).
21st October, 1957 (St. Ursula's Day).
14th November, 1957 (the anniversary of the birth of the Heir to
the Throne).
26th December, 1957 (Boxing Day).
Printed at the Government Printing Office, LFeward Islands.
by E. M. BLACWMAN., Government Printer.- By Authority.
1967.


Price 3 cants.


47100492--500-8.57.




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