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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/UF00076853/00097
 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: VID00097
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 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
    Montserrat, Ordinance, no. 3 of 1958: Pensions Act (Amendment) Ordinance, 1957
        Page A-1
        Page A-2
    Antigua, Statutory Rules and Orders, no. 12 of 1958: Pensionable Offices (Amendment) Order, 1958
        Page B-1
    Montserrat, Statutory Rules and Orders, no. 7 of 1958: Proclamation dated March 5, 1958, dissolving the Legislative Council of the Colony
        Page C-1
    Virgin Islands, Statutory Rules and Orders, no. 33 of 1957: Air Navigation (Licensing of Air Services) (Amendment) Regulations, 1957
        Page D-1
        Page D-2
        Page D-3
        Page D-4
        Page D-5
        Page D-6
        Page D-7
        Page D-8
        Page D-9
        Page D-10
        Page D-11
        Page D-12
Full Text





THE
S ANTIGUA, MONTSEA-
AND
VIRGIN ISLANDS G` .

publishedd by cduthor /
NVOL. III. THURSDAY, (mir MARCH, 195. ~ .12.


FORM NO. II. Section 54 (2).
Notification of Election.


TAKE NOTICE that a poll will be taken for the election of two members for the Colony
to serve in the House of Representatives of the \est Indies.
The poll will be opened on the 25th day of March. 195S. at the hour of seven o'clock in
the forenoon and kept open till the hour of six in the afternoon in the following polling stations
established in the Colony, that is to say:-

Polling Stations:
1. For the polling division ot St. John's City (Norill)-
(i) The Governm;nent Elementary School, the Point.
(ii) The St. John's Infant School, Elliot's Iane. St. John.
(iii) The Court House, Long Street, St. John.
2. For the polling division of :t. John's City (South)-
(i) The Convent High School, High Street, St. John.
(ii) The Handicraft Workshop, Redcliffe Street, St. John.
(iii) The Government Elementary School, Ottos.
3. For the polling division of Saint John (Rural) West-
(i) The VJuilding at the West Bus Station.
(ii) The governmentt Elementary School, Five Islands.
(iii) The Government Elementary School, Greenlay.
4. For the polling division of Saint John (l ural) South-
(i) The Government Elementary School, Potters.
(ii) .Building at Ottos owned by Mr. John I. Martin.
(iii) The Government Elementary School, Bendals.
(iv) The Christian Mission Church, Buckleys.
(v) The Government Elementary School, Sea View Farm.
(vi) The Government Elementary School, All Saints.
5. For the polling division of Saint George and Saint John (Rural) North-
(i) The Princess Margaret School, Dickensonbay Street.
(ii) The Government Elementary School, New Winthorpes.
(iii) The Anglican Schoolroom, St. Johnston's Village.
(iv) The Saint Mark's Government Elementary School, Pigotts.
(v) The St. James' Government Elementary School, Cedar Grove.

x








54 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [March 6, 1958..
6. For the polling division of Saint Mary-
(i) The Government Elementary School, Cedar Hall.
(ii) The Government Elementary School, Bolans.
(iii) The Government Elementary School, Johnsons' Point.
(iv) The Government Infant School, Urlings.
(v) The Government Elementary School, Old Road.
(vi) The Government Elementary School, Sawcolfs.
7. For the polling division of Saint Paul:-
(i) The Government Elementary School, Swetes.
(ii) Sportsman's Angle, Liberta.
(iii) The Government Elementary School, Bethesda.
(iv) The Government Elementary School, Cobbs Cross.
8. For the polling division of Saint Philip and Saint Peter-
(i) The Trades Union Hall, Freemans Village.
(ii) The Government Elementary School, Parham.
(iii) The Doctor's Dispensary, Carty Hill.
(iv) The Government Elementary School, Willikies.
(v) The Government Elementary School, Newfield.
(vi) The Government Elementary School, Freetown.
9. For the polling division of Barbuda-
The Government Junior School, Codrington Village, Barbuda.
The Candidates for the said election are as foilows:-
Candidates:-
Bradley Theodore Carrott,
John Rowan Henry,
Novelle Hamilton Richards.
The number of votes given to the several candidates will be counted on the 25th day of
March, 1958, at 7 o'clock in the evening at the following places:-
1. The Court House, Long Street.
2. The Convent High School, High Street.
3. The Government Elementary School, Greenbay.
4. The Government Elementary School, All Saints.
5. The lPrincss Margaret School, Dickensonbay Street.
6. The Government Elementary School, Bolans.
7. The Government Elementary School, Swetes.
8. The Government Elementary School, Parham.
9. The Government Junior School Codrington Village Barbuda.
of which all persons are hereby required to take notice and govern themselves accordingly.
Dated this 3rd day of .March, 1958.
A. E. L. WILLIAMS,
Returning Officer.
Administrator's Ofpice,
Antigua.
4th March, 1958.
Ref. No. A. 18/60.

It is notified for general information that the Secretary of State for the Colonies has advised that Sergeant
D. A. Lee of the Leeward Islands Police Force has been accepted for a course of training for police officers which is
due to be held at the Metropolitan Police Training School Helndon, during the period 24th March to 9th August, 1958.
Sergeant Lee is due to leave Antigua for the Unite I Kingdom on or about the 12th March, 1958.
Chief Secretary's Office,
Antigua.
6th March, 1958.
Ref. Nc. 60/00143.










Alarch 6, 195S]


THE ANTIGUA, MONTSEKRRAT AND VIRGIN ISLANDS GAZETTE.


Notices.

With reference to the forthcoming
election of two members to serve in
the House of Representatives of The
West Indies the attention of tie
general public is directed to those
provisions of section 99 of the Anti-
gua Constitution and Elections Ordi-
nance, 1951, as adapted for tih said
election, relating to offences at meet-
ings called for )promoting the election
of such members.

Under that section it is an offence
for any person between the 30th day
January, 1958 and the 26th day of
March, 1958, to
(a) act in a disorderly manner,
with intent to prevent the transac-
tion of the business of a public
meeting called for the purpose of
promoting the election of a candi-
date as a member to serve in the
Houso of Representatives of The
West Indies; or
(b) incite, combine or conspire
with others to act in a disorderly
manner with intent to prevent the
transaction of the business of a
public meeting called for the pur-
pose of promoting the election of a
candidate as a member to serve in
the said House.
An offence under (a) above is
punishable summarily by a fine of
S100 and the offender is disqualified
S for a period of five years from date
of conviction from being registered
Sas a voter or voting at any election.
S In the case of an offence under (b)
above which is triable on indictment,
the offender on conviction is liable to
imprisonment for two years and is
similarly disqualified.
Henry J. Elwin,
Supervisor of Elections.
Administrator's Offiec,
r St. John's,
Antigua.
28th February, 1958.
Ref. No. A. 18/60.

It is hereby notifi-d for general
information that Dr. Z. WISINGER
has been appointed Medical Superin-
tendent of the Mental Hospital,
Antigua with effect from the 1st
March, 1958, for the purposes of the
Mental Treatment Ordinance, 1956,
(No. 1 of 1957).
Administrator's Office,
Antigua.
28th February, 1958.
Ref. No. A. 13/18-II.

It is notified for general informa-
tion that Mrs. M. E. C. FOOTE has
resigned her appointment as Secre-
tary to the Antigua Public Service
Commission with effect from the 28th
February, 1958.

Administrator's Office,
Antigua.
28th February, 1958.
.Ref. A. C. 13/235.


It is notitied for general inl'orma-
tion that Mrs. O J. OLLERENSHAW
has been aippoined S-.creirtry to the
Antigua Public Service Commission
with effect from the 3rd March, 1958,
in place of Mrs. M. E. C. FOOTE.

Administrator's Ofice,
Antigua.
4th March, 1958.
Ref. A. C. 13/323.

No. 26.

Appointments, transfers, etc., in
the public service, with effect from
the dates stated, are published for
general information:-

Antigua.

BENJAMIN, A., Junior Clerk, Customs
Department, resigned appointment.
Jan. 20
DELFISH, G., Sanitary Inspector Class
II appointed to act as Field Tech-
nician, Central Board of Health
Department. Jan. 1

GRAY, J., Petty Officer Class III,
Hollbrton Hospital transferred as
Petty Officer Class III, Post Office
Department. Mar. 17

HARPER, McK. D, appointed Lncer-
tificated Teacher, Education Depart-
ment. Jan. 1

MARSHALL, R.. Petty Officer Class
III Fisheries Division, Agricultural
Department probationary appoint-
ment terminated. Feb. 15

MILLARD, C. A., appointed Director
of Electricity and Telephones on
contract for 3 years. Feb. 5

STERLING, Miss C., appointed Junior
Clerk, Treasury Department.
Jan. 1
No: A. C. 18/65-II.



No. 27.

His Excellency the Governor has
been pleased to assent to the under-
mentioned Ordinances:-

Montse'rrat.

No. 5 of 1958, "The Law Reform
(Miscellaneous Provisions) Ordinance,
1957." Feb. 26, 1958
Ref. No. 47/00584.

Virgin Islands.

No. 3 of 1958, "The Matrimonial
Causes Act (Amendment) Ordinance,
1958." Feb. 26, 1958
Ref. No. 47/00513.

ChiefSecretary's Office,
Antigua,
28th February, 1958.


No. 28.

The following Ordinance & Statu-
tory Rules and Orders are circulated
with this Gazette atn form part
thereof:-

ORDINANCE.
Montserrat.
No. 3 of 1958, The Pensions Act
(Anendment) Ordinance, 1957."
2 pp. Price 4 cents.
STATUTORY RULES & ORDERS.
Antiqwu.
No. 12 of 1958, "The Pensionable
Offices (Amendment) Order, 1958."
1 pp. Price 3 cents
Montserrat.
No. 7 of 1958, Proclamation dated
March 5, 1958, dissolving the Lpgis-
ti e Council of the Colony."
1 pp. Price 3 cs.
Virgin Islands.
No. 33 of 19.:'7, The Air Naviga-
tion (Licensing of Air Services)
(Amendment) Regulations, 1957."
12 pp. Price 14 cts.


WEST INDIES GAZETTE
LIST of Gazettes and Legal Supple-
inents received for sale at the Gov-
ernment Printing Offico, Antigua, ae
iappended below:-

(a) Gazette Nos. 1 to 7-Vol. I,
1958. Price 18 oents.

LEGAL SUPPLEMENTS.
(b) No. I of 1958, The Appoint-
ments in the Public Service (Delega-
tion) Regulation, 1958, aru
No. 2 of 1958, Proclamation bring-
ing certain provisions of the Constitu-
tion into force." Price 8 cents.
(c) Britibh Caribbean Federation
Act, 1956, with The West Indies
(Federation) Order in Council, 1957,
and the Constitution of the West
Indies." Price 80 cents.
(d) Part I-" The Interpretation
Regulations, 1958." Price 80 c nts.
(e) Part II-" Statutory Instru-
ment No. 3 of 1958 and
"Statutory Instrument No. 4 of
1958." Price 9 cpnts


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

MONTSERRAT CIRCUIT.
Circuit Court Notice.

NOTICE IS HEREBY given that
in pursuance of Rules made by the
Chief Justice under section 16 of the
Windward Islands and Leeward
Islands Courts Order in Council, 1939,
on the 24th day of September, 1941.
as amended, the Honourable the
Puisne Judge selected for the sitting
of the Court in the Montserrat Circuit
has appointed the undernentioned
day on which the ensuing Circuit
shall sit in the Colony, that is to say:-










56 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE.


On Tuesday the 4th (lay of March,
1958, at 10.00 o'clock in the forenoon.

C. STRAUGHN HUSBANDS,
Ag. Registrar
Montserrat Circuit.

Registrar's Office,
Montserrat,
6th February, '956.
Ref. No. M. 65A/8-lII.

TRADE MARKS OFFICE,
ANTIGUA, February, 1958.

PIN-UP COLD PERM-WAVE
LIMITED. of 449, London Road,
Isleworth, Middlesex, England, have
applied for Registration of one Trade
Mark consisting of the following:-

RAYVE
in Class 48 in respect of all goods
included in this class.
The Applicants claim the said
goods are not in use in Antigna in
respect of the said Trade Mark before
the date of their said Application.
Any person may within three
months from the data of the first
appearance of this Advertisement in
the Leeward Islands Ga(zete, give
notice in duplicate at the Trade
Marks Office. Antigua, of opposition
to registration of the said Trade Mark.


EVAN Cr
Ag. Registrar of Tr


uEQUE,
ade Marks.


TRADE MARKS' OFFICE,
TORTOLA,
BRITISH VIRGIN ISLANDS,
20th February, 1958.

PIN-UP COLD P:RM-WAVE,
LIMITED, of 449, London Road,
lsleworth, Middlesex. England, has
applied for Registration of One Trade
Mark consisting of the following:--

RAYVE
in Class 48, Perfumery (including,
toilet articles, preparations for the
teeth and hair and perfumed soap.)
The Applicants claim that the said
Trade Mark in respect of the said
goods has not been in use in the
Virgin Islands 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,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.
H. ALEX BESSON,
Registrar of Trade Marks.


TRAFFIC NOTICE.
The Antigua Vehicles and Road
Traffic Ordinance
No. 5 OF 1946.
By virtue of the power conferred
upon me by Section 2 of the Antigua
Vehicles and Road Traffic Ordinance
No. 5 of 1946, I hereby announce
that until further notice the lighting-
up time for vehicles shall be from
6.30 p.m. to 5.30 a.m.
Dated this 25th day of February,
1958.
H. G. SEWARD,
Traffic Commissioner.
Ref No. 36/00008.
CONDITION OF SERVICE.

Post of Principal, Fisheries Training School
St. Lucia, British West Indies.

Appointment:
The post is non-pensionable and
will be for a period of 2, years inclu-
sive of the period of the voyages to
and from St. Lucia, and of earned
leave. It will be subject to the
Colonial Regulatoins and to the local
General Orders in force for the time
being, in so far as they are applicable.

Duties:
The training of selected local fisher-
men for simple navigation, pilotage,
first aid, maintenance and servicing of
engines, boat building and boat repairs,
practical instruction and commercial
fishing, use of modern gear etc.
He will also be required to under-
take such other duties as may from
time to time be imposed on him by
the laws of the Colony or by direction
of the Officer Administering the Gov-
ernment.
Qualifications:
The officer must he active (not over
middle age) willing to be closely


associated with local students and
sufficiently attached to the sea and to
fishing to be enthusiastic over spend-
ing days at sea in a small (40 ft.) boat
with the students.

Salary:
The salary of the post is at the rate
of 1,400 p.a. ($6,720.00 B. W. I. cur-
rency.)
Allowances:
Travelling and subsistence allow-
ances are payable in accordance with
local regulations in respect of
approved travel on duty.

Quarters:
Quarters will he provided at a rental
equal to 10% of the officer's salary or
5% of assessed value, whichever is less,
subject to a maximum of 150
($720.00). Heavy furniture can be
provided by Governm-nt if required
at a rental of 10% of the value.

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

Leave:
Vacation leave will be granted at
the rate of one week for each com-
pleted period of three months resident
service.

General Information:
Government Officials are liable to
taxation imposed by local enactment.

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 31st March,
1958.
Ref. No. A. C. 13/290.

RAINFALL FIGURES.
Agricultural Department,
Antigua


Month
January
Feb.
To 1st Mar.


1934. 1955. 1956. 1957. 1958.
3.04 2.16 1.10 3. 1 .92
2.45 .68 1.23 2.29 .G6
.00 .19 .00 .00 .00
5.49 3.03 2.63 ..45 1.58


REGISTRAR'S OFFICE,
ST. JOHN'S,
ANTIGUA.
28th February, 1958,
MEDICAL ACT 1937
Pursuant to Section 23 of the Medical Act, 1937 of the Leeward Islands as amended by the Medical (Amend-
ment) Act, 1948 and adapted to the Colony of Antigua by S.R.& O. No. 22 of 1956, the following registration is
hereby notified.
MEDICAL PRACTITIONER


Name.


JOHN ALPHA JOSIAH


Qualification. Date Registered.


Certificate of Coimpetency, 28th February, 1958
16th August, 1951


Registration Number.


187



Evan Creque,
Ag. Registrar.


[March 6, 19158-








TIIH ANTIGUA. MONTSERRAT AND VIR(;IN ISLANDS GAZETTE. 57


IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS

ANTIGUA CIRCUIT.


APPELLATE JURISDICTION


APPEAL No. 7A or 1957.


Between:


ROBIERT HALL


App)ellant- Defendant


and


Before: LEWIS, J.


ADIHIA A. M. HILL
(Superintendent of Police)


Respondent- Complainant


S. T. CHRISTIAN Q.C. ,/r the appellant-defendant
F. O.C. LlHAiIs (Arcinig Attorney-General) for the respondent-complainant.
JUDGMENT
(2nd January, 1958)


The appellant-defendant on the 25th day of
April, 19!.7 was convicted I by the Magistrate of
District A on a complaint which alleged that
he being on the 6th day of April, 1957 the owner
of motor vehicle A.G. 1499 failed to ol,tain the rele-
vant licence prescribed in respect of the said ve-
hicle, contrary to section 13 (1) (a) of the Vehicles
and Road Traffic Ordinance No. 5/194(i (hereinafter
referred to as the Ordinance ").
The facts are that the appellant-defendant was
seen by police constable Rolston Walters driving
the motor vehicle in question on April 6th 1957
about 8.20 a.m. on the Old Parham Road. The
constable stopped the appellant-defendant and spoke
to him. On returning to Police Headquarters the con-
stable discovered that the vehicle was not licensed.
Evidence to this effect was given at the hearing
before the Magistrate by the licensing clerk
Alfred Jarvis. The evidence of this witness also
disclosed that the registered owner of the vehicle on
the date in question was Stephen R. Mendes Ltd.,
a company dealing in motor vehicles. A change of
ownerhlinp was effected on April Sth 1957 by which
the appellant-defendant became the owner of the
vehicle and a licence therefore obtained by him on
that date.
The appellant-defendant had obtained the ve-
hicle on trial from the owners on April 5th and was
testing it on April (th when the police constable
stopped him. The :ippellalit-def',ndai; t had intend-
ed to purchase the vehicle on the hire purchase
system but apparently no irmn agreement liad been
reached on April 6th and the evidence is by no
means clear that the hire purchase agreement had
been completed by that daw;.
At the close of the casr for the prosecution
counsel for the appellant-defendant submitted that
the appellant-defendant was not the owner of the
vehicle on the date in question consequently there
was no case for him to answer. The Magistrate
however ruled that the appellant-defendant fell
within the definition of owner in the Ordinance,
overruled the submission and called the appellant-
defendant to enter upon his defence. Counsel how-
ever indicated that he did not propose to call any
evidence and rested his case on this submission.


The word owner is defined in the Ordinance
as follows:

"owner in the case of a motor vehicle
that is registered, means the .person in
whose name the vehicle is registered:

Provided that in the case of a motor
vehicle which is the subject of a hire pur-
chase agreement it means the person in
possession of the vehicle under the agree-
inent:

Provided further that whenever the
registered owner of a motor vehicle is
absent from the Presidency the person in
actual charge or possession of the vehicle
in the Presidency shall be deemed to be
the owner thereof; ".

In my opinion the evidence does not establish
that the appellant-defendant was in possession of the
motor vehicle under a hire purchase agreement.
This point was conceded by counsel for the respond-
ent-complainant before this Court and I feel bound
to hold that the submission by counsel for the appel-
lant-defendant in the lower court was correct.
Counsel for the appellant-defendant admitted
that section 13(1) of the Ordinance created several
offences but he submitted that the evidence did not
support the particular offence with which the appel-
lant-defendant was charged, and therefore, if the
prosecution failed to prove the charge as laid, it
could not fall buck upon another charge in the
section and ask for the appellant-defendant to be
convicted thereof because the facts proved support-
ed this other charge.

The Acting Attorney-General submitted that
the charge as laid might be considered to be defective
within the meaning of section 239 of the Magistrate's
Code of Procedure Act, Cap. 61 and therefore it
was capable of amendment by the Magistrate and
the appellant-defendant could not have objected to
an amendment as the facts proved showed the com-
mission of an offence under the section under which
he was charged.


Alarch 6, 1958.1









58 THE ANTIGUA, MON TSERB.AT AND VIRGIN ISLANDS GAZIETIE.


He referred to sections 191 and 192 of Cap.
61 as enacted by section 7 of the Magistrate's Code
of Procedure (Amendment) Act 10 of 1945 and
submitted that the intention of these sections was to
make it clear that an objection such as that taken by
the appellant-defendant ought not to be entertained.
He also referred to section 100 of the Magistrates'
Courts Act 1952 (Imperial) and the notes thereto
appearing at pages 501 and 502 of Halsbury's
Statutes of England, second Edition, Volume 32
and pointed out that this section is in all material
respects similar to section 239 of Cap. 61. Counsel
remarked that the notes to section 100 of the En-
glish Act show what defects in a complaint may be
remedied by a magistrate and he contended that the
defect in the charge under review ,was remediable
by amendment by the Magistrate at the hearing or
by this Court on appeal by virtue of the provisions
of sections 191 and 192 of Cap. 61. In support
of his argument counsel referred to the case of Hiett
e. Ward (1894) 70 L.T. 284. This was a milk
adulteration case and was concerned with the
method of getting samples for analysis for the pur-
pose of prosecutions. There were two different
methods provided by the Adulteration Act
of 1875 and the Amending Act of 1879. The
1875 Act provided that an inspector may, if he had
suspicions about a food, procure a sample thereof
for analysis but that he should first notify the seller
or his agent and give him a portion to be sealed up.
The Amending Act of 1879 provided that the inspec-
tor may procure at the place of delivery any sample
of milk etc. in course of delivery, and if he suspected
the same, may have it analysed, and may thereupon
take proceedings as if he had purchased from the
seller under the 1875 Act. In HIETT's case the
facts were that one Douglas who had obtained a
churn of milk from Hiett was stopped by an inspec-
tor as he was about to deliver the milk to a shop-
keeper. The inspector demanded a sample of milk
from Douglas who refused and the inspector then
informed him that he was liable to a penalty for his
refusal. Douglas thereupon sold a pint of milk to
the inspector who paid him for it. On analysis the
milk was found to be adulterated and Hiett was
prosecuted and convicted. Hiett appealed and it
was urged on his behalf that the milk was obtained
from Douglas by compulsion and as the summons
alleged a sale by Douglas and an adulteration "to
the prejudice of the purchaser", it was essential to
prove a purchase, and as Douglas had no authority
to sell, the case failed. It was held that the fact
that the inspector obtained the sample under his
compulsory powers and afterwards paid for it did not
prevent the transaction from being a sale and in the
circumstances there was at the utmost a mere vari-
ance in the form of the summons and no injustice
had been done. The appeal was therefore dismissed.


The circumstances of Hiett's case are in my-
opinion entirely different from those in the instant-
case. Here the appellant-defendant was charged
that being the owner of a motor vehicle he failed
to obtain the prescribed licence therefore. It might
well be that the appellant-defendant assumed the
vehicle to have been licensed when he received it.
from the owner on trial and in my view he was enti-
tled to reply on the assumption that the owner had
complied with the requirements of the law in regard
to the licensing of the vehicle. In such circumstan-
ces the appellent-defendant might reasonable con-
tend he was taken by surprise on being served with
a summons charging him as owner for failing to-
license the vehicle. Such a summons was in my
opinion likely to create an entirely misleading-
impression on the appellant-defendant's mind in
that it would convey to him that he was being-
charged with owing a vehicle which he had not
licensed whereas the vehicle did not in fact belong-
to him nor was he under any duty to license it.
Had the complaint against the appellant-defendant
alleged that he, being the owner, was driving an
unlicensed vehicle I have no doubt that any
objection to such a complaint on the ground
that the appellant-defer.dant was not the owner-
would not have been entertained as it could have
been amended without doing any injustice to the
appellant-defendant. The substance of such a com-
plaint would be the driving of an unlicensed vehicle
and an allegation of ownership therein would have-
been made surplusage. But here the crux of the-
charge as it was laid was that as owner the appellant
had failed to obtain the prescribed licence for the
motor vehicle. Such a charge could convey to the-
appellant-defendantbut one meaning only, viz. that
he had failed to do something in regard to the vehi-
cle which the law required him, as owner to do-
The appellant-defendant knew he was not the own-
er of the vehicle and I can conceive of no circum-
stances more calculated to deceive or mislead him
than the allegation in the summons charging him
with being the owner of a vehicle, which he infact
did not own, and failing to perform some statutory
duty in respect thereof, which duty he was under-
no liability to perform.
I think it would be unfair to the appellant-de-
fendantto amend the charge at this stage and refer
it back to the magistrate for re-hearing as I am of-
the opinion that the charge laid by the prosecution
was calculated to deceive or mislead and did deceive-
or mislead the appellant-defendant.
The appeal is accordingly allowed and the con-
viction quashed. The respondent-complhinant must
pay the appellant-defendant four guineas costs.

P. CECIL LEWIS,
Puisne Judge.


Printed at the Government Printing Office, Antigua, Leew~rd Ilands,
by EARL PIoOTr, Acting Government Printer.-By Authority.
1958.


[Price 32 cents.1


[Mlarch 0, 1958.-









No. 3 of 1958. Pensions Act (Ame:idmrnt). MONT-
[ SERRAT.

I ASSENT.
A, T. WI\\'LLIAMS,
Governor. -
22nd February, 1958, 2- A2<)! 99

A0N NTSE, l{1A T.

No. 3of 1958.
An Ordinance to amend further the Pensions
Act. 1947.

(22nd February, 15) omenc-
men ,.
EN A CTED by the Legislature of the Colony
of AMniir.rat.

1. This Ordian ce n;i;y 6e ciited as the s!h,,rt tith.
Pensions Act (A.meudment.) Or(dinance, 1957,
, and shall be read as one with the LP,,nsions Act,
194 7 as amended, hereinafter called the 1i i1iip-'.l i2/1i7,
A t. 2 !14S.


I, o. 15.


2. The irinicipal \ct, is iei, rebt, amended A wn imunt
by substituting' for the words "- the service of the, A'moci
Colony and "' service in the Colony wherever
they occur, the words service under the
Government of the Colony u

3. Section 3 of the Principal Act is hereby Amendment
amended by substituting for the words General of -ection
of the Princi-
Legislature wherever they occur, the words pal Art.
legislative Council".
4. Section 17 of the Principal Act is here- Amendment
by amended by substituting for the words the ,f tse Princi-
service of the Government of the Colony the pal Act.
words service under the Govrrnment of the
SColony.'
A. F. DAWKINs.
SPI'residout.
7* ___________







2 Pensions Act (A .,,i, n i,. ni.


SERRAT.
Passed the Legislative Council this 20th day
of December, 1957.

GEORGE iR. E. CABEY,
(ierk of the Council.













































Printed at the Government Printing Office, Antigua. Leeward Islands,
by EARL PIGOTT, Acting Govornment Printer.- By Authority
1958.


MONT-


No. 3 of 1I58.


47/000524-520-3.,58


Prioe 4 cents.






ANTIGUA.


STATl STORY RULES AND tORDERS.
1958. No. 12.


PENSIONABLE OFFICES.

THE PENSIONABLE ()OF'IES (AM.EN:DMlENT) ()lilDE, 1958.
MADE BY THE (GOVENORi IN COUNCIL UNDER SECTION 2(1)
OF THE PENSIONS ACT, 1917 (No. 12/1947).


1. Short Title. This Order maxy be cited as the
Pensionable Offices (Amendment) Order. 1958, and shall be
read as one with the Pensionable Offices Order. 1:,-
(S. R. & O. V .":, No. 2)) hereina'tr c, ilh(i the Principal
Order.
2. Amendment of First Schedule to the
Principal Order. The First Scheduilr to the Principal
Order is hereby amended as follows:--

(a) by inserting' under the Capltion education :
the words Eiduction )Otfcir iiniiedi:itely before the
0iords Inspector ol Schools "; ai;ni
(/) by inserting the followinp- new Captiom after
the end of the Caption .d I"'ducation :
Electricity Ice and ]Cold ,tor'ie :
Plant Su perin tenidein
Assistant Plant Superintendent
Store Keeper
Assistant Store Keeper
Meter Reader ".
\1 ile by the Governor in Council this 18th day of
February, 1958.
F. A. CLARKE,
( '/c ,'/k of tte (..',,I i.
Printed at thE Government Print.iig Olfice, At Ligu~. I.eowar.id Isiaindi.
by EARL PTGOTT, AotIDu (overnimelit i'rinter,-- L Authority
153.


A59/8-510-3.58.


" [Prie, 3 /- t.is .]










MONTHS E RRAT.



STATITITORY RiULES AN)D O)ERiS.

1958. No- 7.



PROCLAMATION DATED 5'Ti MARCII, 195S, DISSOLVING TlHE
l.GIsLATIVE ('i UNCII, OF THiE ( LONY.



BY THE GOVERNOR OF THE LEEWARD ISLANI)DS.

A PROCLAMATION.

A. T. WILr LIA.Ms.


WilHE:f '.\- )y sulbsection (1) of 'ection 25 (if tihe Montserrat
Constitution anid Elections Ordinanc,,, 1952 (No. I of i952, it is
provided that the Governor may. at at:y time. by procliantitiolt, sum-
Imni,, proroatle ,r dissolve\ the Legislati \'ie (council of the Colony:

AND WVII HEAS by subsecction (2) of tie said section 25 if the
said ()lrdinanl-'e. it is 1n'rtther provided that the (Governor shall dissolve
the Connicil at tlh expiration of three years from the date of the return
of the first writ at the last precedin- aceni'ral election, if it shll:l not
have lw'ii ion- r -to iss olved:

NO()\W. 'ITflEF(R LE. do Ib- thi iy p) li.-claiation dissoivs the
said C'oi'ui-cil o the 10th day of March. 19.8..

AND all HOr!' lajiesty' Olr ..-.. and Ilviing subjects in tie said
Colonyi and all otlhers whomn t may concern are hereby required to
take due notice h-r,-,f. and to s'viri ihmiselves accordiingly.

GVl-EN indesir mny hand at the Gov.ernment House. AIntigua.
this fifth day March. S1958. and in the seventh year of
Her \, I ,. -,' reign.

GOD SAVE THE ITEEN !





Printed at t.he (G'ivernime-nt Pririnin t (.itfiw Aiitii; a, l reward ILlands,
by EA!L P I!(T'rO Acting Goverrnimert Printer. -by Autloritv.
1 a55.


1 'jIll hiT, jf]fl ~


Price 3 cents,












STAITUTORY RULES AND O(DER) S
1957, No. :;

The Air Navi-ti.kl (Licensing of Air Services) Amrend-
ment) Regulationi~. 1957, dated December 31, 195
made by the Goveruor with the - i.,rv.l -d the S.ecrr--
tary of ':. un-'e the au. tho rity o! ,''i r .,ph 15 (i
thel- .- 'ule to th, Colonial Air Navi. -' (pp -
cation of Acts) C i :', 1937, as amended by the Cnlcil:
Air Naviw'at on (Application *-' Acts'; (Amend men
Order. .1 17, (Imperial) and of all ou.er ver
Snoblii.-in' hi in that behalf.

1. Citation. These Regulations may be cited as tih Air
Navigation (wicensinK of Air Services) (Anienimte ont) iV:-! ;i
tions, 1957, a'id shdll be rQaei as (Licensing' of Air Services) Regulations. l1919 (( nier;!l (-oern .Ti -
ient S. 1-. & 0 1 I9, No. 43) as imn"n{d'. hlr(in;ftf' rferrcd
to as the Prinicilpal lieguilaions.
2. S:' t`'.ution of Form "E" in the Schedl
to the JP',: 0. Regulations. The followii 11orm
shall he substiih nd for Form ii the Schedule to ith Ilrii
cipal Riegulatiions:-
"FOR M E.
Regulation 6. Not '", .. ,ale'
Licence Number
VIRGIN ISLAND DS.
THiiE AiH NAVIGATION (LICENSING O, AI SERVICIIS)
REGULATIONS, 194).


Tie Air Transport LN.insinrg Authlcrity in accorLi:nci with
the [p);visi>n:. of th1 Air NaviHatini (lii. g' of Air S', .i s)
RIlgation. 1949, hereby grant. 'o

(Name of Applicant)

(Addrtss of Applicant)
Licence No. commencing on the d(vy of
,195 and ending on the dayv of 9" ,








unless suspended, revoked or surrendered to operate in accord-
ance with the general condition'- .,,t (,ui in the First Schtedulle
hereto and the special conli, ii.s si't out in th l, Secold Schedlieii
hereto. the following Atir Service m, to n:l from th 'Colv.
1. Route................ .......................
2. Particulars of departure:
(i) Points of departure...........................
(ii) Final destination.......... ..............
(iii) Intermediate landing points:
(a) for traffic purposes........................
(b) for non-traffic purposes...................

(c) weather alternates..........................
3. Purposes of Service................................. .....
4. Date of commencement of Service......................
5. Frequency of flights.......................................
Issued on the day of 195


COlairmran,
Air Transport Licenlin., AIuthoritt/.
THE FIRST SCHEDULE
1. The holder of this licence shall produce it for examina-
tion if required to do so by the Air Transport licensingg Authori-
ty or by any person duly authorized by the said Auth:)rity in
that behalf, but may elect whether to produce it at an aerodrome
used in connection with the journeys authorized by this licence,
or at his head offic'0 or principal place of business in the Colony.
2. During the continaance of this licence, the holder shall
at any time when so required by the Director of Civil Aviation
or by any person duly aunhorised by the Director in that behalf
satisfy the Director or that person as regards:

(a) Operational procedures observed-including route
capacity schedules, operations manual, route book for air-
cr\,w, preparations for flight; such documents as Flight
Plan, Log Books (aircraft, engine and journey), Loadsheet;
Radio apparatus to operate on the required frequencies for
the licensed route;










(b) Maintenance manual and Schedule (to a standard
acceptable to the Air Transport Licensing Authority).
Information as to where major overhauls are done; the
checks on aircraft and engines; and the availability of
adequate spare parts;

(c) Traffic handling;

(d) The adequacy and competence of the staff
employed.
3. The holder of this licence and any person having a
financial interest in the business of the holder shall refrain from
stipulating that any other person shall refuse booking facilities
to any other holder of a licence or grant such facility s to such
other holder only on onerous terms.

4. The holder of this licence shall perform all such
reasonable services as the Postmaster miy from time to time
require in regard to the conveyance of mails and of any persons
who may be in charge thereof upon journeys inmde under this
licence. The remuneration for any such services shall be such
as may be from time to time determined by a agreement between
the Postmaster and the holder.

5. Any dispute, difference or question which may arise as
to the remuneration to be paid to the holder of this licence in
respect of such services, or as to the rights, duties or liabilities
of the holder or the Postmaster hereunder, or otherwise in
relation to any of the matters aforesaid, shall in default of
agreement be referred to a single arbitrator in pursuance of the
provisions of the Arbitration law of the Colony.

6. The requirements of any law or instrument having the
force of law, for the time being in force in the Colony relating
to air navigation or air transport, shall be complied with at all
times during the currency of this licence in connection with all
journeys made under this licence.
7. Not later than two months after the expiration of the
month to which the return relates, the holder of this licence shall
make and send a monthly return in writing to the Air Trans-
port Licensing Authority. Such return shall be in the form
set out in Form H in the Schedule to the Air Navigation
(Licensing of Air Services) Regulations, 1949, and shall give,
in respect to the month to which the return relates, the
particulars set out in the said Form H ".










8. In the event of the holdle' of this licence ceasing' to
operate the service authorized thl'reCly, he shall forthwith notify
the Air Transport Licensing Authority and return the licence
to the said Authority for cancellation: Provided that where
owing to the death. incapacity, lb:nkruptcy, sequestration or
liquidation of the holder of this licence, or to the appointment of
a receiver, or manager, or trustee in relation to the business of the
holder, he ceases to operate the service authorized by the licence,
if the business of the holder is being carried on by some other
person that person shall forthwith notify the Air Transport
Licensing Authority and, unless application has been made
within 14 days for a new liencre, shall return this licence to
the said Authority for cancellation.

9. The wages, salaries or other remuneration paid by the
holler of this licence to all persons employed in the Colony in
connection with the operation of the services authorized by the
licence or paid to persons employed in the Colony in connection
with the operation of aircraft hired by him for the purposes of
these services, and the conditions of their employment shall not
be less favourable to them than those established by agreement,
machinery of negotiation or arbitration for similar air transport
services operating in the Colony.

10. The holder of this licence shall, if he changes this
address in the Colony during the currency of this licence, notify
such changes to the Air Transport Licensing Authriciy within
7 days from the date of such change, and shall at the same time
send or deliver the licence to the said A authority for endorsement
thereon of his new address.

11i If this licence ceases to have effect, otherwise than by
efiluxion of time, or is suspended or revoked, the holder thereof
shall, within 5 days after notice to thnt effect has been delivered
to himr personally or sent to him by registered post at the
address shown in his application or last notified in accordance
with the last preceding condition, send or deliver this licence to
the Air Transport Licensing Authority for retention during the
time of suspension or for cancellation as the case may be.
12. If this licence has been lost, destroyed or defaced, the
holder thereof shall forthwith notify the Air Transport Licensing
Authority.

13. The holder of this licence shall supply to the Air
Transport Licensing Authority such information as to his finan-
cial resources as n:ay from time to time be required by the said










Authority by notice. Such notice shall be in writing and be de-
livered to him personally or sent to him by registered post at
the address shown in ihis application or last notified in accord-
ance with Condition 9 hereto and the information required shall
be supplied by the holder within the time specified in the said
notice.

14. Where the holder of this licence has accepted and con-
firmed a booking made by or on behalf of a passenger for a
return journey by a specified flight which is a scheduled journey
and has received payment of the fare charged in respect of such
return journey, the holder shall reserve a return passage for
such passenger on the said specified flight, provided that in the
event of such passage not being available owing to circumstances
outside the control of the holder of this licence the holder shall
provide or arrange a return passage to the passenger at the
earliest possible opportunity thereafter suitable to the passenger.

THE SECOND SCHEDULE

1. During the periods) of operation specified in the
First Part of the Third Schedule hereto the holder of this licence
shall regularly operate the journeys between the points named
in this licence in accordance with the time-tables set out in that
part of that Schedule, or such other time-tables as may from
time to time be approved by the Director of Civil Aviation or by
any person duly authorized by him in that behalf and endorsed
on the said Schedule.

2. During the periods) of operation specified in the
Second Part of the Third Schedule hereto the holder of this
licence may operate the journeys between the points named in
this licence in accordance with that Part of that Schedule or
such modifications thereto as may from time to time be approved
by the Air Transport Licensing Authority or by any person
duly authorized by the said Authority in that behalf and
endorsed on the said Schedule.

3. Where in the Third Schedule hereto intermediate
landings between terminals on the journeys hereby authorized
are specified, if an aircraft carries no passengers for such place
and if ten minutes before the scheduled time of departure from
such place there are no passengers awaiting embarkation at
such place, the aircraft shall not be bound to land at such
place of intermediate landing: Provided that if an aircraft car-










Vies mails for a place of interlmediate landing or mails are due
to be collected by such aircraft at such place such aircraft shall
land at such place.
4. Where in the Third Schedule hereto a journey between
terminals with no intermediate landing is specified, if aircraft
are available at each terminal and no passenger requires trans-
port at the scheduled time of departure on such journey, the
holder of this licence shall not be bound to operate such journey:
Provided that such journey shall be operated if arrangements
have been made with the Postmaster for the carriage or mails
on such journey.
5. The fares and freight rates to be changed by the holder
of this licence on the journeys between the points named in
the licence shall be those set out in the Fourth Schedule hereto
or such fares and freight rates as may from time to time during
the currency of this licence be approved by the Air Transport
Licensing Authority and endorsed on the said Schedule. The
fares and freight rates set out in the said Schedule shall, except
where minimum fares and freight rates are also set out, be max-
imum fares and freight rates and lower fares and freight rates
may be charged by the holder of this licence.
6. The aircraft to be used on the journeys between the
points named in this licence shall be of the following type(s)
or such type(s) as may from time to time, during the currency
of this licence, he approved by the Air Transport Licensing
Authority and endorsed on this Schedule: Provided that air-
craft of different types may be used subject to the said
Authority being informed by the holder of this licence of the use
of such aircraft within 7 days of the first use of such aircraft and
to the holder of this licence ceasing to use such aircraft if
required so to do by the said Authority:-


, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .










7. The arndni t, ie used hv the hobler of this licence
as places of ahuning or departure on the jIr irnevs h tiween ii)j
points nianei in thin lRicence shall he Whe tf'(w !' i (ubj)ect to
the decision of the pilot in the case of emIergcncm) or such other
awerd tro(n mes ;s may from time to time, .1,:-..:- tlIe curr-ncv of
this licence, be approved by ith Air .ranio-rl n i[l ienl-!!
Authority and endorsed on thi Schediule:--








form ............ s i.. ........ i.. n.... io ..... h e res w ti.. .,
,, .................... ,....* .*. ... .... ............. ......

...... .....,. 1 . .. ,*... ...... ... .. .... ...,........ .... ...






S. Any appii lion by the hoh]ler of thi. licence for a
modification iu respect of any endorsement on this Schedule orI
in the IThird or Fourth Schedullo hereto shrll b)e nuie in such
form and co:utaen such inf<,rmatiotn and be presented within
such im s th e Air Tr sport Licenr in Auihoritv imai fr
tine to timune require.











'I.- i)()!! 11 -)NJ"
()y TTJT
. 11 N I i- I f






9

''' "(lIt1 L -AR






T10

THE THIRD SC>IIDUL---PART II.






1I

THE FOPIT'ffH SCHEDULE







12

Made by the Governor this 31st day of Decmber, 1957.

A. T. WILLIAMS,
Governor.















































Printed nt the Governmint Printing Offior, Antigua. Leeward Tlemlndse
by EARL P(If'TT. Autinp Government Printer.--By Anthority.
195,8.


7100095-11-)500-3.58,


!PrirA 14: conts.1!




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