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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/UF00076853/00101
 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: VID00101
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 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
    Virgin Islands, Ordinance, no. 2 of 1958: Virgin Islands Constitution and Elections (Amendment) Ordinance, 1958
        Page A-1
        Page A-2
    Virgin Islands, Ordinance, no. 8 of 1958: Lunacy and Mental Treatment (Amendment) Ordinance, 1958
        Page B-1
        Page B-2
        Page B-3
        Page B-4
Full Text





THE

ANTIGUA, MONTSE

AND i

VIRGIN ISLANDS G

Published by cAuthority.

VOL. III. THURSDAY, 3aD APRIL, 1958.


N oiices.

It is hereby notified for general
information that the date appointed
for the observance of Her Majesty the
Queen's Birthday in 1958 is Thurs-
day, Ihe 12th June, 1958.
Adminiistrator's Office,
Antigua.
31st March, 1958.
69/00018.

No.40.

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

Ant2gua.

Bell, W. G. Senior Clerk, Customs
Department appointed to act as
Principal, Peis: it Development
Services, Agricaitural Department.
March 6.

Lambert, Dr. M. A, District Medical
Officer District I appointed to actas
District Medical Officer District III
in conjunction with substantive
duties. March 10-April 3.

McKay, D. Uncertificated Teacher,
Education Department appointed
Public Health Inspector Class II,
Central Board of Health Depart-
ment Jan. 1.


Roberts, A., Uncertiticated
Education Department
appointment.


Teacher,
resigned
April 1.


(Tn substitution for Notice appear-
ing in Gazette No. 14 of 20th
March, 1958.)

Walwyn, Dr. R. A., Medical Officer
appointed to act as District Medical
Officer District IV in conjunction
with substantive duties.
Feb. 4-Feb. 22.
Ref. No. A. C. 13/65-II.

No. 41.
The Governor's Deputy has been
pleased to assent to the undermen-
tioned Ordinance:-

Montserrat.

No. 9 of 1958, "The Defence Force
(Amendment) Ordinance, 1957 ".
27th March.
Rof. No. 47/00299,


No. 13 of 1958, The Agriculture
Ordinance, 1957 ". 10th March.
Ref. No. 47/00535.

No. 15 of 1958, "The Prison
(Amendment) Ordinance, 1958."
24th March.
Ref. No. 47/00323.
No. 17 of 1958, "The Motor Vehi-
cles Insurance (Third Party Risk)
Ordinance, 1958".
27th March.
Ref. No .47100426.
No. 42.
The following Ordinances are cir-
culated with this Gazette and form
part thereof:-
SVzrgin I.lands.
No. 2 of 1958, The Virgin Islands
Constitution and Elections (Amend-
ment) Ordinance, 1958.
2 pp. Price 4 cts.
No. 8 of 1958, The Lunacy and
Mental Treatment (Amendment)
Ordinance, 1958. 4 pp. Prce 6 cis.

The following building has been
registered by the Registrar Gtneral of
the Virgin Islands under the provi-
sions of Section 17 of the Marriage
Ordinance, 1924, as amended, as a
place wher-in Banns of Marriage may
be published in the Virgin Islands:-

The Church of God (Holiness)
situated at East End, Tortola in
the Colony of the Virgin Islands.
Registrar's General Office,
Tortola,
British Virgin Islands.
19th March. 1958.
Ref No. 36/00008.

WEST INDIES GAZETTE
LIST of Gazettes and Legal Supple-
ments received for sale at the Gov-
ernment Printing Office, Antigua, are
appended below:-

(a) Gazette Nos. 1 to 8-Vol. I,
1958. Price 18 cents.
LEGAL SUPPLEMENTS.
(b) No. 1 of 1958, "The Appoint-
ments in the Public Service (Delega-
tion) Regulation, 1958, and
No. 2 of 1958, Proclamation bring-
ing certain provisions of the Constitu-
tion into force." Price 8 cents.


(,) British Caribbean Federation
Act, 1956, with The West Indies
(Federation) Order in Council, 1957,
and the Constitution of the West
Indies." I'ric 80 cents.
(d) Part I-" The Interpretation
Regulations, 1958." Price &0 cents.
(e) Part II-" Statutory Instru-
nment No. 3 of 1958 and
"Statutory Instrument No. 4 of
1958." Price 9 center

It is hereby notified for general in-
formation that special .tanips of the
values of 3 cents, 6 cents. and 12 cents
will be issued in the Colony from
Tuesday 22nd April, 1958 to com-
memorate the Federation of the West
Indies.
The design of the stamps features
a map of the West Indies and a repro-
duction of a portrait of Her Majesty
the Queen. The name of the Colony
and "The West Indies Federation
1958 are also inscribed thereon.

The stamps will be on sale for a
period of twelve months or until
stocks are exhausted whichever is the
earlier.
SYDNEY WALLING.
Ag. Colonial Postmaster.
General Post Ofice,
Antigua,
27th March, 1958.


TRADE MARKS OFFICE,
PLYMOUTH, MONTSERRAT.
18th March, 1958.
THE PIN-UP COLD PERM-
WAVE, LIMITED, of 449, London
Road, Isleworfh, Middlesex, England,
have applied for Registration of One
Trade Mark consisting of the follow-
ing:-
RAYVE
in Class 48.
The Applicants claim that the said
goods are not in use in Montserrat
in respect of the said Trade Mark
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,
Montserrat, of opposition to registra-
tion of the said Trade Mark.
C. STRAUGHN HUSBANDS.
Registrar of Trade Marks.


No. 16.


I


L4 &:i- p 4a








82 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE.


TRADE MARKS OFFICE,
ANTIGUA, llth March, 1958.
STERLING PRODUCTS LIMIT-
ED, of 29 Main and Holmes Streets,
Georgetown, British Guiana, have
applied for Registration of one Trade
Mark consisting of the following:-


in Class 42 that is to say: Table Grade
Margarine.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for two
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 and Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
EvAN CREQUE,
Ag. Registrar of Trade Marks.

TRADE MARKS OFFICE,
ANTIGUA, 11th March, 1958.
STERLING PRODUCTS LIMIT-
ED, of 29 Main and Holmes Streets,
Georgetown, British Guiana, have
applied for Registration of one Trade
Mark consisting of the following:-


zun flo wera
~CUU .li L,

largartne
*:IlKP W fDW ^*U


in Class 42 that is to say: Cooking
Grade Margarine.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for one year
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 Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
EVAN CREQUE,
Ag. Registrar of Trade Marks.


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

VIRGIN ISLANDS CIRCUIT.
A.D.1958.

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

The Virgin Islands Court on Mon-
day the 14th day of April, 1958, at
10 o'clock in the forenoon.

Dated the 28th day of February,
1958.
H. Alex. Besson,
Registrar.


CITY RATE FOR 1958.
Notice is hereby given that the
City Rate Assessment List for 1957
has been posted on the outer door of
the Treasury and at the Office of the
Central Board of Health, Market
Street.
The rate fixed on properties north
of the Street which joins Bennett and
Bryson Streets under an assessed
annual rental value of $48.00 is 5%
and of $48.00 and over 71%. The
rate on all other property under an
assessed annual rental value of $48.00
is 10% and of $48.00 and over 15%.

Any person who objects to any
assessment in the said list must lodge
his objection in writing with the
Secretary, Central Board of Health
within fourteen days after the date
of this notice.
R. BLANCHARD,
Secretary,
Central Board of Health.


Central Board of Health,
Antigua.
3rd April, 1958.
Ref. No. A. 60/14-II.


The following particulars relate to
the vacant posts of Staff Nurse, Hol-
berton Hospital, for which applica-
tions are invited:-

Qualifications:
Candidates should possess the local
certificates in General Nursing and
Midwifery.

Salary:
The salary scale of the post of Staff
Nurse is $1296 x 57.60-$1411.20 X 72-
$1627.20 per annum. The point of
entry into the scale will depend on
the candidate's experience.


Duties:
The duties, which are whole time,
are those normally performed by a
Staff Nurse.

Hours:
From 8 a.m. to 8 p.m. daily with
three hours off. Alternate week ends
off. A half day off weekly. Public
holidays off or other days in lieu
thereof.

2. Applications should be address-
ed, in the first instance, to the Acting
Matron, Holberton Hospital, from
whom further particulars may he,
obtained.

Administrator's Office,
Antigua.
27th March, 1958.
Ref. A. 13/73-IV.

Applications are invited for the post
of Marketing Officer, St. Vincent.

Salary:
The salary of the post, which is non-
pensionable is in the scale $4,080X
120-4,800 per annum. The appoint-
ment will be on a contractual basis
for a period of two years in the firat
instance.
Duties:
The duties of the post are:

(i) to perform all duties in connec-
tion with the purchasing, grading,
storage packing, shipment and sale
of a wide range of agricultural
commodities;
(ii) to supervise the accounting,
clerical and field staff which will be
employed in the Marketing Organi-
sation;

(iii) to carry out such other duties
which may be assigned to him from
time to time.

Qualifications:
The applicant must have a good
general education and should possess
one or combination of the following
qualifications: -
(a) General business experience.

(b) Accounting experience.
(c) Experience or training in the
Marketing of Agricultural produce
with particular emphasis on ground
provisions.
A good general knowledge of agri-
culture will be advantageous.

Further particulars regarding the
appointment may be obtained from
the Chief Secretary, Windward
Islands, Grenada, to whom applica-
cations should be addressed to reach
him not later than the 15th April,
1958.
No. A.C. 131290.


[April 3, 1958.








THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE.


Applications are invited for the post
of Agricultural Officer (Extension),
Department of Agriculture, St.
Vincent.
Salary:
The salary of the post, which is
pensionable, is in the scale $3.360x
120-$4,320, plus a pay addition of
20% of salary. The appointment will
be on a contractual basis or on second-
ment, 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 be
advantageous.
Further particulars regarding the
appointment may be obtained from
the Chief Secretary, Windward


Islands, Grenada, to whom applica-
tions should be addressed to reach him
not later than the 30th April, 1958.
Ref. No. A. C. 13/290.



RAINFALL FIGURES.

Agricultural Department,
Antigua.


Month 19i4. 1956. 1956. 1957. 1958.
January 3.04 2.16 1.40 3.16 .92
Feb. 2.45 .68 1.23 2.29 .66
To 2'th Mar. .74 '83 1.40 .33 .57
6.23 3.67 4.03 5.78 2.16


Registered & Licenced Midwives, Virgin Islands.

Registered Midwives


Davies, Mary Louise
Donovan, Trinita
Hendricks, Mrs. Dolorita
Scatliffe, Mrs. Allegra
O'Neal, Mrs. Iris
Penn, Iris Muriel


Licensed Midwives.
(6) Brathwaite, Emily
(1) Creque Victoria
(4) Donovan, Elizabeth
(2) Freeman, Christiana
(7) Malone, Rosa
(3) Penn, Rosalind
(5) Sprauve, Trophina


Road Town, Tortola.
Carrot Bay, Tortola.
East End, Jost Van Dyke.
Road Town Tortola.
The Valley, Virgin Gorda.
East End, Tortola.


Diamond's Estate.
North Sound, Virgin Gorda.
Carrott Bay, Tortola
Cooten Bay, Tortola.
Long Look, Tortola.
Long Look Tortola.
North Sound Virgin Gorda.


BANKING STATISTICS: LEEWARD ISLANDS.

All figures in British West Indian dollars.
Number of reporting banks: 3 (Barclays Bank (E. C. O.), Royal Bank of Canada,
and Antigna Co-operative Bank Ltd.)

Figures for Quarter ending 31st Deceember, 1957.


LIABILITIES.

1. Notes in circulation


2. Deposits
(i)
(ii)
(iii)


Demand
Time
Savings


$
4,340,472.70
582,057.82
7,915,763.51


3. Balance due to
(a) Other banks in Colony
(b) Bank abroad
(i) U.K. 11,916.26
(ii) U.S.A. 116,618.00
(iii) Canada 166,646.26
(iv) Elsewhere 32,663.68


4. Other Liabilities


Total Liabilities


Net overseas assets held against local liabilitie
Net overseas assets held against overseas
liabilities


$
5,840.00

12,838,294.03




191,996.04
327,844.20




392,932.94

13,756,907.21


es 4,341,828.61

3,601,223.35


ASSETS.


.Cash
.Balances due by other banks in Colony
1. Balances due by other banks abroad
and other short claims due by
$
(i) U.K. 7,898,396.90
(ii) U.S.A. 80,376.19
(iii) Canada 179,287.84
(iv) Elsewhere -
4. Loans and Advances
(i) Primary Production (including
processing of primary
products) 118,180.79
(ii) Other industries (including
Commerce, Transporta-
tion & Distribution)
$2 076,922.91
(iii) Other Advances 1,484,837.33
5. Investments
6. Other Assets


$
1,195,928.60
115,142.91

8,158,060.93




3,679,941.03








607,833.74


13,756,907.21


April 3, 1958.]







84 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [April 3, 1958
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
ANTIGUA CIRCUIT
APPELLATE JURISDICTION
Appeal No. 1 of 1956.
Between:-


NOVELLE H. RICHARDS


Appellant (Defendant)


and


Before LEWIS J.
C. Ross for Appellant
E. E. HARNEY for Respondents


JOSEPH R. O'NEAL)
and
GERTRUDE O'NEAL)


JUDGMENT
(2nd January, 1958.)


The appellant was charged before the Magis-
trate of District A. that he being the treasurer of
the Antigua Trades & Labour Union failed to cause
the Registrar of trade unions to receive on or before
the 1st day of June 1.955 a return in the prescribed
form showing the number of members of the said
trade union for the year 1954, contrary to section
31 (1) (c) of the Trade Unions Act No. 16/1939 as
amended by the Trade Unions (Amendment) Act
No. 16/1944 and the Trade Unions (Amendment)
Act No. 17/1949.

Section 31 of the Trade Unions Act 16/1939
(hereinafter referred to as the 1939 Act ") was
replaced by section 5 of the Trade Unions (Amend-
ment) Act No. 16/1944 (hereinafter referred to as
" the 1944 Act ) and this section was in turn
amended by the Trade Unions (Amendment) Act
No. 17/1949 (hereinafter referred to as the 1949
Act "). The relevant portion of section 31 (1) as
replaced and amended reads:-
31 (1) The treasurer of every trade
union (or such other officer as is designed in
that behalf by the rules of the trade union)
shall, on or before the first day of June in
every year, cause to be received by the Regis-
trar-
(a) an audited statement in the form
prescribed by the Registrar of the receipts
and payments of the trade union during
the year preceding the date to which such
statement is made out. Such statement
shall show separately the expenditure in
respect of the several objects of the union;
(b) an audited statement in the form
prescribed by the Registrar of the assets
and liabilities of the trade union at the
date to which the statement required by
paragraph (a) of this subsection is made
out;
(c) a return in the prescribed form,
shewing the number of members of the
trade union at the date to which the state-
ment required by paragraphs (a) and (b)
of this subsection is made out;.........."


The Antigua Trades & Labour Union (herein-
after referred to as the union ") was organized on
16th January, 1939 and registered under the provi-
sions of the 1939 Act on 2nd March 1940. A
copy of the rules of the union were deposited with
the Registrar of trade unions (hereinafter referred
to as the Registrar ") on registration of the union.
These rules were amended from time to time and
reprinted. In the original rules of the union filed
with the Registrar in 1940 there appeared a rule
numbered 10 which bore the caption Officers and
Staff ". Paragraph (b) of this rule provided for
the election of a general secretary and defined his
duties, and in so far as it concerns this case this rule
provided that he (the General Secretary) shall
prepare or cause to be prepared an annual return in
accordance with the provisions of the Trade Unions
Act and shall transmit same to the Registrar of
Trade Unions by the prescribed date..............."
In the copy of the rules of the union produced in
evidence before the magistrate this particular provi-
sion appeared in identical language as part of para-
graph (c) of rule 11 of the rules of the union.

After the respondents had closed their case in
the magistrate's court it was submitted by counsel
for the appellant- (i) that no evidence had been
given (as indeed was the case) that the appellant
was treasurer of the union, and (ii) that the com-
bined effect of section 31 (1) of the 1939 Act as
replaced and amended, and of paragragh (c) of rule
11 of the rules of the union was to place on the
general secretary and not on the treasurer of the
union the responsibility of complying with the
requirements of the said section; consequently, the
wrong officer of the union had been brought before
the court.

The magistrate reserved his decision on these
submissions and on December, 2nd 1955 he deli-
vered a written opinion in which he decided against
the appellant on both points. As regards the first
submission the magistrate said: it is clear from
" the evidence of witnesses for the complainants
" that no one of them stated that the defendant
" Novelle Richards is or was the Treasurer of the


Respondents (Complainants)








THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE


" Antigua Trades and Labour Union and thus the
' person whose duty it wi:s to file the returns
" required by the law. But the summons is
" addressed to Novelle Richards, Treasurer of the
" Antigua Trades & Labour Union and the defend-
"ant has appeared to answer the charge in that
" capacity and has pleaded in that capacity. It is
" my view that the absence of such evidence is not
" fatal to the complaint as it is of a formal nature,
" and it is within the powers of this court to permit
" the complaintants to re-open their case for the
" purpose of supplying this formal piece of
(' evidence."
With regard to the second submission the
magistrate held that there has not been a proper
desiignation of the tllicer other than the Treasurer
to comply with the dlaties laid down by the Act
and in the absence of designation the duties must
be performed by the Treasurer ". He concluded
his ruling with these words I therefore reject the
submission that the wrong officer of the Trade
Union is before the court and, subject to what I
have said on the first submission I propose to
call on the defendant to make his defence."
After the Magistrate had given his ruling
counsel for the complainants applied for leave to
re-open his case and to aldduce evidence to prove
that the defendant was in fact the treasurer of the
union. Defendant's counsel objected to this but
the magistrate overruled his objection and allowed
the necessnrv evidence to be adduced. The defend-
ant's counsel then intimated that he did not
propose to call nny evidence and rested his case on
the submissions he had made at the close of the
case for the prostecution. The magistrate found
the charge rroved. He convicted the defendant,
fined him $4.80 and ordered him to pay $10.72
costs.
The defendant appealed to this Court against
-his conviction on fle grounds that the decision
"was erroneous in point of ]:iw in that:-
(a) the learned magistrate improper-
ly received evidence after the close of the
"case for the complainants and after
counsel for the defendant had submitted
"that the absence of such evidence was
fatal to the case of the prosecution;
(b) the ,learned magist rate misdirected
himself in law in holding that there had
not been a proper designation by the rules
of the Antigua Trades and Labour Union
of the officer other than the Treasurer to
"comply with the duties laid down by
section 31 (1) of the Trade Unions Act
o. 16/1939 as amnided. "
As regards the first ground of appeal it has
been held in Dufin v. Markham (1918) 82 J. P.
281 that justices ought to allow a case to be re-
opened after the close of the case for the prose-
,cution, for some formal matter to be proved,
such as formal proof of an order or bye-law
under which the proceedings are taken. This
vase was distinguished in Middleton v. Rowlett


(1954) 1 W. L. R. 831, which decided that
where the omission is a matter of substance the
justices have a discretion in the matter.
In Middleton v. Rowlett the facts were that
in a prosecution before justices for dangerous
driving, the prosecution omitted to prove the
identity of the driver. At the close of the case
for the prosecution, it was submitted on behalf
of the defendant that there was no case to
answer. It was contended on behalf of the
prosecution that the justices had a bounden
duty to permit the case to be re-opened so that
evidence of identity might he tendered, but the
justices refused to allow the case to be re-
opened. On appeal by Case stated it was held
that, the matter which the prosecution had
omitted to prove being one of substance, the
justices had a discretion in the matter and were
not bound to exercise it in favour of the prose-
cution, and the Divisional Court would, there-
fore, not interfere with the decision. In the
course of his judgment in this case, the Lord
Chief Justice, Lord Goddard said:-
It is rather a borderline case and we
"do not lay down any particular rule on
the subject beyond saying that we cannot
"say that the justices exercised their
discretion unjudicially. There are many
"cases in which the prosecution is being
conducted in magistrates' courts or even
"at the assizes or quarter sessions where
somebody forgets to ask a material ques-
"tion. For instance, in a case of false
pretencess, as Donovan J. has reminded
me, sometimes the question is not asked:
"'Would you, but for that statement made
to you, have acted 'in the way you did? *
It may be a formal question, but it is a
"necessary one, and it is surprising some-
times when that question is put how
witnesses will answer in a way which lhe
prosecution least expects. If his attention
has been called to it by a discussion which
has taken place on a submission that there
"is no case to go to the jury, probably the
witness will answer in the way he is
expected to answer, and therefore one has
to bIe careful in these matters. Although
what has happened here is in some ways
regrettable and although the court would
not have interfered for a moment if the
"justices had exercised their discretion the
other way, we cannot say that they were
boumd to exercise their discretion in
favour of the prosecution. "
Counsel for the appellant in this Court con-
ceded that the magistrate had a discretion
whether or not he would allow the complainants
to re-open their case and tender further
evidence. He also admitted that this discretion
was a judicial one but submitted that the magis-
trate had exercised his discretion unjudicially in
receiving evidence after the complainants had
closed their case and urged that the magistrate
should have been guided by the decision in.


April 3, 1958.]







86 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE':.


Middleton v Rowletl. In giving his decision in
Middleton v Rowlett Lord Goddard was, however,
careful to point out that the court in that
instance was not laying down any general rule
on the subject. He held that the matter was
one of discretion and the justices were not
bound to exercise that discretion in favour of
the prosecution, and lie used these very signifi-
cant words: "Although what has happened
" here is in some ways regrettable and although
"'the court would not have interfered for a
"moment if the justices had exercised their
"discretion the other way, we cannot say that
"they were bound to exercise their discretion in
"favour of the prosecution." These words to
my mind clearly imply that the exercise of a
magistrate's discretion in circumstances such as
those under review must be in accordance with
the particular facts of each case.

There may be differences of opinion as to
whether or not the further evidence adduced by
the complainants in the court below was of a
formal nature as the magistrate held. If it
were, then the principle enunciated in Duffin v
Markham would apply, if on the other hand the
omission were a matter of substances the princi-
ple inMiddlelon v Rowlett would apply and the
magistrate would in such a case have a discre-
tion whether or not he would allow the omission
to be set right.

It does not appear to me that the appellant
was prejudiced in any way by the magistrate's deci-
sion to permit the complainants to re-open their
case. The appellant undoubtedly knew from the
outset of the proceedings and from the contents of
the summons as found by the magistrate, that he
was charged that being treasurer of the union he had
neglected to perform certain statutory duties, and
it was on that basis that he pleaded and the prose-
cution was conducted. Unfortunately through an
oversight no evidence was led by the complainants
in the first instance that the appellant held the
office of treasurer of the union, but it would be
difficult in my opinion to convince any court that
in those circumstances, the omission was such as
to prejudice the appellant. I am of the opinion
that the magistrate was right in allowing the
complainants to re-open their case and in the
circumstances, I am not prepared to hold that he
exercised his discretion unjudicially in so doing.
The first ground of appeal therefore fails.
The second ground of appeal involves the
construction of section 31 (1) of the 1939 Act as
replaced and amended and that portion of paragraph
(c) of rule 11 of the rules of the union which
imposes on the general secretary the duty of prepar-
ing annual returns for transmission to the
Registrar.
For the appelant it was argued: (i) that the
duty to submit to the Registrar the documents
referred to in the said section is in the first in-
stance, placed on the treasurer of a trade union,
but in the event of a trade union not wishing its
treasurer to perform this duty it had power, under


the section as it appeared in the 1944 Act to
designate some other officer to do so. In the
instant case counsel contended, the union had by
rule 11 (c) of its rules designated its general
secretary to perform this duty, which designation
was a proper one. The sum total of the
provisions of the subsection and of the rule in
question, he said, was to free the treasurer of the
union of the responsibility thus placed on him and
to impose it solely on the general secretary, and
(ii) that the magistrate permitted himself to be
misled by giving undue attention to the difference
between the niriirinal note to section 31 as it
appeared in the 1939 Act and the marginal note to
to the section in the 1944 Act. It was submitted
that in arriving at his decision that there had been
no proper designation of some officer of the union
other than the treasurer to comply with the
requirements of section 31, the magistrate had
fallen into error by holding that the words an
annual return" in r le 11 (c) of the rules of the
union, could not apply to the documents required
by section 31 of the 1939 Act, as replaced by the
1944 Act and amended by the 1949 Act, because
the marginal note to this section in its amended
form called for a statement of accounts and audit
certificate etc. to be transmitted to the Registrar ".
Counsel contended that it was immaterial what
name was ascribed to the returns required by the
section; the important point was whether the rules
of the union did in fact desiginate some officer of
the union other than its treasurer to submit the
documents required by the section, by whatever-
name they were called.

I agree with counsel for the appellant that the
proper, and only, question was whether a
designation had in fact been made under rule 11
(c) of the rules of the union of some officer of the
union other than the treasurer for the purposes of
the section under consideration. To my mind
this question cannot be answered by comparing
the marginal note to section 31 as it appeared in.
the 1939 Act with its marginal note in the 1944
Act, and I am satisfied when the magistrate held
that the words "'' an manual return in rule 11 (c),
of the rules of the union could not refer to the
statements required to he furnished to the Regis-
trar by section 31 (1) (a) (b) ,(c) & (d) in the-
form in which it appeared in the 1944 Act and
the 1949 Act, he applied an entirely wrong test
and came to an incorrect decision in law.

On behalf of the respondents counsel made-
the following submissions-
1. In 1940 wh n the rules of the union
were filed with the Registrar no.
statutory authority existed whereby a
trade union could designate any officer,
be it its treasurer, or its general
secretary, to transmit returns to the
Registrar.
2. the law relating to the submi-sion of
annual returns to the Registrar in 1940
was as stated in section 31 of the 1939
Act. Under this section a trade union


L.Apr"l 3 1958.







-April 3, 1iJ58.] TIE' ANIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. 87


itself and every officer thereof who
failed to sein to thie l registrar a
general statement of the receipts, funds,
effects and expenditure of the trade
union (referred to in the marginal note
as an "annual return ") would be liable to
a penalty. But although the section
said that a trade union itself and its
officers would be liable to a penalty it
did not in fact place the responsibility
for transmitting returns to the R.egistrar
on any particular officer of the trade
union and in effect if there were an
omission to make the required returns,
the trade union itself and not its officers
would be lia'le to the penalty prescribed;

;S. the 1944 Act for the first time intro-
duced the principle of making a
particular officer responsible for the
transmission of returns to the Registrar
and this was done by repealing section
31 of the 1939 Act and replacing it by
section 5 of 1941 Act in terms which
provided that the treasurer of a trade
union or such other officer as is
designated in that behalf by the rules of
the trade union shall cause to be received
by the Registrar on or before the 1st day
of June in every year certain documents
specified in the section;
4. for designation to be valid it must be
made in pursuance of some statutory
piwer, and since the power to designate
came into effect only in 1944 the rule of
the union which in 1940 purported to
designate the general secretary of the
union as the officer to submit returns to
the Registrar was ineffective and void as
being made without statutory authority;
-5. the authority to designate given by the
1944 Act could not operate retro-
spectively to validate a designation made
previous to the coming into operation of
that Act;
6. the designation made in 1940 could only
empower the general secretary to
transmit to the Registrar such
document as were authorised by the
legislation then in force, to wit section
31 of the 1939 Act, and that section
required the submission by a trade union
of "a general statement of the receipts,
funds, effects and expenditure"
(described in the marginal note to the
section as annual returns "). The
designation could not, he submitted,
empower the general secretary to send
in such documents as are specified in
section 31 in the form in which this sec-
tion appears in the 1944 Act;
7. if it were held, nevertheless, that a
proper and valid designation had been
made yb the rules of the union, it would


he contended that this. would not of
itself free the treasurer of the union
from the responsibility of transmitting
to the Registrar the returns required by
the 1944 Act, but it would be submitted
that the designation would have the
effect of placing such responsibility
either on the treasurer or on the general
secretary of the union.

I have no fault to find with submissions, 1,
2 & 3. I cannot however accept submissions 4,
5 & 6. Submission 4 involves the assumption
that in 1940 when the union provided in its rules
that its general secretary should prepare or
cause to be prepared an annual return in accord-
ance with the provisions of the Trade Unions
Act and transmit the same to the Registrar by
the prescribed date", the union was thereby doing
something which was inherently illegal. This
assumption appears to me to be unfounded.
There was nothing in the 1939 Act which
prevented the union from making such a rule if it
wished. It was a purely domestic arrangement
whereby the union, for its own convenience,
placed the responsible for the preparation of its
annual return and its transmission to the Regis-
trar, on its general secretary. This arrangement
was neither authorised, nor forbidden, by law but
it was not in itself illegal. The union itself could
not escape liability in law, if its annual return did
not reach the Registrar by the prescribed date by'
pleading that its general secretary was the person
responsible under its rules for the transmission of
the return. In reality, the effect of the rule in
question was to anticipate in 1940 a provision
made by legislature in 1944. In other words the
legislature in 1944 gave statutory approval to a
practice which had been authorised by the rules of
the union some four years before. When there-
fore the 1944 Act came into force with a
provision which enabled a trade union by its rules
to make a designation of some other officer for
the purpose specified in section 31, as it appeared
in the 1944 Act, the union' rules already
contained a provision for this very purpose, and
it would be giving undue emphasis to a mere
technicality to contend that the rule of the
union which since 1940 had empowered a
destination to be made in terms of the 1944 Act
should thereupon have been cancelled, and
another rule identical terms substituted therefore
in order that the union's position might be
absolutely correct in the eyes of the law. In my
view any such step would have been unnecessary
as the action of the union in making the rule in
question was never open to doubt. In the
light of this finding, submission 5 also fails.
Submission 6 in my opinion also fails. I
have already stated that it is immaterial what
name is ascribed to the documents required to
be transmitted to the Registrar by section 31 as it
appears in the 1939 Act, the 1944 Act of the
1949 Act. Rule 11 (c) of the rules of the union
authorised its general secretary to prepare or
cause to be prepared "an annual return in








'I THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZIETTE.


accordance with the provisions of the Trade
Unions Act and these words can only he
construed as meaning that a yearly return must
be made in accordance with h provisions of
the Trade Union; Act such as they may be from
time to time. The words annual return "
therefore are apt to include any change in the
form and description of the documents required
to be transmitted annually to the Registrar,
provided that the particular documents required
by the law in force at the time the return is to
be made, are in fact transmitted to the
Registrar.
With regard to submission 7, I am of the
opinion that there was a valid and proper
designation by rule 11 (c) of the rules of the
union of its general secretary, for the purposes
of section 31 (1). I do not however accept the
contention of counsel for the appellant that
such a designation ipso facto freed the treasurer
of his responsibility under this subsection. I
hold that the effect of this subsection on its


proper construction and when read in conjunc-
tion with rule 11 (c) of the rules of the union is
to place equal responsibility for the transmission
to the Registrar of the documents specified
therein, either on the Treasurer or on the
general secretary of the union.

Since I find that this responsibility is as much
the treasurer's as the general secretary's it
would appear from the language of section 31 (4)
that both of these office rs, and indeed the union
itself, would be liable to a penalty for failing to
comply with the pros visions of section 31 (1);
and this being so it is impossible to say that the
respondents acted wrongly in selecting the
treasurer as the officer of the union against
whom to proceed.

The appeal is dismissed with four guineas-
costs.
P. CECIL LEWIS,
Puisne Judge.


It is hereby notified for information that His Excellency the Governor is expected to return to Antigna on
Sunday the 6th April, 1958.
Chief Secretary's Office,
Antigua.
2nd April, 1958.
Bef. No. 80/00068.

TRADE MARKS OFFICE,
ANTIGUA, 6th March, 1958.
CHESTER H. ROTH CO. INC., of 200 Madison Avenue, New York, State of New York, United States off
America, have applied for Registration of one Trade Mark consisting of the following:-
w I


in Class 38 that is to say: Hosiery.
The Applicants olaim that they have used the said Trade Mark in respect of the said goods for five months;
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 dublicate at the Trade Marks Office, Antigua, o
,opposition to registration of the said Trade Mark.
EVAN CREQUE,
Ag. Registrar of Trade Marks.


Pointed at the Government Printing Office, Antigua, Leewsrd Islands,
by EARL PIXGMT, Government Printer.-By Authority.
1958.


[Price 20 cents.]


Supp-hose


[April 'a', 195K







No. 2 of I'.5.s Virgin Islands Constitution and VIROIN
Elections (Amendment) ISLANDS.



[L.S.I
I ASSENT,
A. T. WILLIAMS, I / "'
Governor ,
5th March, 1958.


VIRGIN ISLANDS.
No. 2 of 1958.
An Ordinance to amend further the Virgin Islands
Constitution and Elections Ordinance, 1954.

[5th March, 1958] Commence-
ment
\ENACTED by the Legislature of the Colony
of the Virgin Islands.
1. This Ordinance may be cited as the Virgin Short title.
Islands Constitution and Elections (Amendment)
Ordinance, 1968 and shall be read as one with the
Virgin Islands Constitution and Elections Ordinance, 7'6194
1954, as amended, hereinafter called the Principal 1956 No. 22
Ordinance.
2. (1) Subsection (1) of section 2 of the Amendment of
Principal Ordinance is hereby amended by inserting she Principa
the following definition immediately after the defini. Ordinance.
tion of electoral district ":-
"the Executive Council means the Executive
Council of the Colony;".
(2) The Principal Ordinance shall have effect,
:inl shall be deemed always to have had effect, as if
immediately after subsection (4) of section 2 the
following subsection were added:-
"(4A) for the purposes of this Ordi-
nance a person shall not be considered to
be a public officer or otherwise to hold office
9f :jnQolumecnt under the Crown by reason Qf

1.xfi







2 Virgin Tslands Constitution and No. 2 of 1958
Elections (Amendment)


the fact that he is in receipt of a salary or other
emoluments in respect of his tenure of the
office of Deputy President, Member of the
Council or Member of the Executive Council."

G. P. ALLSEBROOK,
President.

Passed the Legislative Council the 16th day
of January, 1958.

RALPH. T. O'NEAL,
Ag. Clerk of the Council.


































Printed at the G(Av-'.- enutl P. iinin Olffit Ant~iim. L! wil hl I i s,
by EAN!L P' o'r Govrnrlmumnt Printer.-by Autiolity.
1958.


VIRGIN
ISLANDS.


47/00314--545--4.58.


Price 4 cents,







No. S of 1958. Lunacy and .ental Treatment vmORGT
(Amendmrenl.)






[L.S. /
I ASSENT,
A. T. WILLIAMS,
Governor.
7th March, 1958.




VIRGIN ISLANDS.

No. 8 of 1958.

An Ordinance to amend the Lunacy and Mental
Treatment Ordinance, 1956.
(7th March, 1958] m ent -
ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may be cited as the Lunacy Short title.
and Mental Treatment (Amendment) Ordinance, 911956
1958, and shall be read as one with the Lunacy and
Mental Treatment Ordinance, 10."', hereinafter
called the Principal Ordinance.
2. Section 4 of the Principal Ordinance is Amendment
hereby amended by deleting the comma after the "of Ptin,
word Colony where that word last appears in the Ordinance.
section and all the words that follow down to the
end of the section.
3. Subsection (1) of section 31 of the Princi- Amendment
pal Ordinance is hereby amended by inserting the f "tihe
words deems reasonable, may suspend the making Principal
of such order for such time and upon such terms as Ordinance
the Court or Magistrate between the word Magis-
trate and the words thinks fit".
3^, 7?9z9(7
\ ^ ^32



^X _______________







vi I;( 2 Lunacy and Mental Treatment No. 8 of 1958.
SLANDS. (Amendment.)

Amendment 4. Section 39 of the Principal Ordinance is
of Principal hereby amended as follows:-
Ordinance.
(a) by inserting immediately after the
words notice in writing" in subsection (2)
the words ", or if he is a person under the age
of sixteen upon such notice being given by
his parent or guardian,";

(b) by deleting subsection (4) ; and
(c) by re-numbering subsection (5) as
subsection (4).
Amendment 5. The Schedule to the Principal Ordinance
to Pinipa is hereby amended by-
Ordinance.
(a) substituting the following for
Form 1:-
"FORM 1.
The Lunacy and Mental Treatment
Ordinance, 1956.

REMOVAL ORDER BY ADMINISTRATOR. Sec. 4.

Colony of the Virgin Islands.
To all Constables in the Colony,
WHEREAS by an order of the Magistrate
made on the day of A. B. of
was adjudged to be a person of unsound mind and
a proper subject of confinement, and was by the said
order detained in an institution pending the making
of an order for his removal to a mental hospital.
NOW, THEREFORE, I do hereby order and
and command you the said constables to remove the
said A. B. from the Colony.
AND for such removal from the Colony this
shall be your sufficient authority.
Dated this day of 19


Administrator."







No. 8 of 1958. Lunacy and Mental Treatment yrgt
ISLANDS.
(Amendment)
(b) substituting the following for
Form 16:-
"FORM 16.
The Lunacy and Mental Treatment
Ordinance, 1956.
Sec. 39 (1)
APPLICATION BY A VOLUNTARY PATIENT
TO THE ADMINISTRATOR TO SECURE HIS
ADMISSION TO A MENTAL HOSPITAL.
Colony of the Virgin Islands.
To the Administrator of the Virgin Islands.
I, the undersigned, do hereby request you to
secure my admission, as a voluntary patient, to a
mental hospital and I hereby consent to my removal
from the Colony to the said hospital.
I undertake-
(a) to remain in the mental hospital until
duly discharged unless I give notice of my
intention to leave the same as required by sub-
section (2) of section 39 of the above named
Ordinance;
(b) to conform to the rules regulating
the obligations, conduct and discipline of per-
sons detained for treatment in the said hospi-
tal and to the terms of any Arrangement made
under the above named Ordinance;
(c) subject to my tight to leave the mental
hospital at any time on giving and at the expi-
ration of, the required notice, not to leave the
said hospital without being discharged there-
from in accordance with the terms of an
Arrangement hereinbefore mentioned.
(Signed)
Dated
G. P. ALLSEBROOK,
President.






VIRGI 4 Lunacy and Mental Treatment No. 8 of 1958,
(ISLANDS (mcndmen).

Passed the Legislative Council the 16th day of
January, 1958.

RALPH T. O'NEAL,
Ag. Clerk of the Council,








































Printed at the Gfovrnment Printing Office, .\ Ali.i,, Leoewild Islands,
by EARL PIGOTT, Government Printer.--By Authority
1958.


47100419--545--4.58.


(P~rice 6 ce3nts.]




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