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Group Title: Antigua, Montserrat and Virgin Islands gazette.
Title: The Antigua, Montserrat and Virgin Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076853/00231
 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: VID00231
Source Institution: 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 117
        Page 118
        Page 119
        Page 120
        Page 121
        Page 122
        Page 123
        Page 124
    Antigua Bill: Vehicles and Road Traffic (Amendment) Ordinance, 1960
        Page A-1
        Page A-2
Full Text




THE

ANTIGUA, MON IEF

AND .

VIRGIN ISLANDS

publishedd by authority.

VOL. V. THURSDAY, 30TH J UNE, 1960.


Notices.


Dated this 16th day of June, 1960.

DUDLEY F. JOHNSON,
Supervisor of Eiections.


Montserrat Constitution and Elections Ordinance, 1952.
NOTICE TO PERSONS ENTITLED TO VOTE.
Section 43 (1)
NORTHERN ELECTORAL DISTRICT.
All persons qualified as voters for the election of a
member of the Legislative Council of Montserrat residing
in the northern electoral district of Montserrat who desire
to have their names inserted in the list of voters for the
said electoral district are hereby required to deliver, or
cause to be delivered, their claims in writing for that
purpose on or before the 7th day of July, 1960, to the
registering officer of the said electoral district at the
Government School at St. John's.
Every claimant to be registered as a voter shall, if he
is able so to do, with his own hand subscribe his name and
the date of such subscription to the notice of his claim to
be registered as a voter.
If any such claimant is unable by reason of illiteracy,
blindness or any other physical cause to perform the sub-
scription mentioned in the preceding paragraph, such
subscription, shall be performed on his behalf by the
registering officer who shall witness the same by subscrib-
ing his own signature to the notice of claim of such
claimant.
Dated this 16th day of June, 1960.
DUDLEY F. JOHNSON,
Supervisor of Elections.
Registering Oficer: Address
Mr. G. HowSON Government School,
St. John's.
Assistant
Mrs. E. HOWSON Government School,
St John's.

Montserrat Constitution and Elections Ordinance, 1952.
NOTICE TO PERSONS ENTITLED TO VOTE.

Section 43 (1)
NORTH-WESTERN ELECTORAL DISTRICT.
All persons qualified as voters for the election of a
member of the Legislative Council of Montserrat residing
in the north-western electoral district of Montserrat who
desire to have their names inserted in the list of voters for
the said electoral district are hereby required to deliver,
or cause to be delivered, their claims in writing for that
purpose on or before the 7th day of July, 1960, to the
registering officer of the said electoral district at the
Government School at St. Peter's and Cavalla Hill.
Every claimant to be registered as a voter shall, if he
is able so to do, with his own hand subscribe his name and
the date of such subscription to the notice of his claim to
be registered as a voter.
If any such claimant is unable by reason of illiteracy,
blindness or any other physical cause to perform the sub-
cription mentioned in the preceding paragraph, such
subscription, shall be performed on his behalf by the
registering officer who shall witness the same by subscrib-
ing his own signature to the notice of claim of such
claimant.


X

111 9
/9/^^>%


Registering Oficer:
Miss F. ALLEN

Assistant
Miss A. GERALD


Address:
Government School,
St. Peter's

Government School,
Cavalla Hill.


Montserrat Constitution and Elections Ordznance, 1952.

NOTICE TO PERSONS ENTITLED TO VOTE.

Section 43 (1)
CENTRAL ELECTORAL DISTRICT.
All persons qualified as voters for the election of a
member of the Legislative Council of Montserrat residing
in the central electoral district of Montserrat who desire to
have their names inserted in the list of voters lor the said
electoral district are hereby required to deliver or cause to
delivered, their claims in writing for that purpose on or
before the 7th day of July. 1960, to the registering officer
of the said electoral district at the Government School at
Salem.
Every claimant to be registered as a voter shall, if he
is able so to do, with his own hand subscribe his name and
the date of such subscription to the notice of his claim to
be registered as a voter.
If any such claimant is unable by reason of illiteracy,
blindness or any other physical cause to perform the sub-
scription mentioned in the preceding paragraph, such
subscription, shall be performed on his behalf by the
registering officer who shall witness the same by subscrib-
ing his own signature to the notice of claim of such
claimant.
Dated this 16th day of June, 1960.
DUDLEY F. JOHNSON,
Supervisor of Elections,


Registering Officer:
Mr. A. LEE

Assistant
Miss I. BROWNE


Address:
Government School,
Salem.

Government School,
Salem.


Montserrat Constitution and Elections Ordinance, 1952.
NOTICE TO PERSONS ENTITLED TO VOTE.

Section 43 (1).
EASTERN ELECTORAL DISTRICT.
All persons qualified as voters for the election of a
member of the Legislative Council of Montserrat residing
in the eastern electoral district of Montserrat who desire to
have their names inserted in the list of voters for the said
electoral district are hereby required to deliver, or cause to
be delivered, their claims in writing for that purpose on or
before the 7th day of July, 1960, to the registering officer


E.




No. 31.


~








118 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.


of the said electoral district at the Government Schools at
Bethel and Long Ground.
Every claimant te be registered as a voter shall, if he
is able so to do, with his own hand subscribe his name and
the date of such subscription to the notice of his claim to
be registered as a voter.
If any such claimant is unable by reason of illiteracy,
blindness or any other physical cause to perform the sub-
scription mentioned in the preceding paragraph, such
subscription, shall be performed on his behalf by the
registering officer who shall witness the same by subscrib-
ing his own signature to the notice of claim of such
claimant.

Dated this 16th day of June, 1960.

DUDLEY F. JOHNSON,
Supervisor of Eleotions.


[June 30, 1960.


before the 7th day of July, 1960, to the registering officer
of the said electoral district at the Court House, the
Education Office and the Cork Hill Government School.
Every claimant to be registered as a voter shall, if he
is able so to do, with his own hand subscribe his name and
the (late of such subscription to the notice of his claim to
be registered as a voter.
If any such claimant is unable by reason of illiteracy,
blindness or any other physical cause to perform-the sub-
scription mentioned in the preceding paragraph, such
subscription shall be performed on hi behalf by the
register ng officer who shall witness the same by subscrib-
ing his own signature to the notice of claim of such
claimant.
Dated this 16th day of June, 1960.

DUDLEY F. JOHNSON,
Supervisor of Elections.


Registering Officer:
Mr. E. WILLTAMS

Assistant
Miss B. WHITE


Address:
Government School,
Bethel.

Government School,
Long Ground.


Registering Officer:
Miss M. 1. HUMPHREY

Assistan ts
Miss 8. FARRELL

Miss A. MEADE


Address:
The Court House,
Plymouth.

The Education Office,
Plymouth.
Government School,
Cork Hill.


Mntserrat Constitution and Elections Ordinance, 1952.

NOTICE TO PERSONS ENTITLED TO VOTE.

Section 43 (1).

WINDWARD ELECTORAL DISTRICT.

All persons qualified as voters for the election of a
member of the Legislative Council of Montserrat residing
in the windward electoral district of Montserrat who desire
to have their names inserted in the list of voters for the
said electoral district are hereby required to deliver, or
cause to be delivered, their claims in writinL for that
purpose on or before the 7th day of July, 1960, to the
registering officer of the said electoral district at the
Government School at Harris.
Every claimant to be registered as a voter shall, if he
is able so to do, with his own hand subscribe his name
and the date of such subscription to the notice of his claim
to be registered as a voter.
If any such claimant is unable by reason of illiteracy,
blindness or any other physical c.tst. t(,I p-rforml the
subscription mentioned in the preceding paragraph, such
subscription, shall be performed on his behalf by the
registering officer who shall witness the same by subscrib-
ing his own signature to the notice of claim of such
claimant.

Dated this 16th day of June, 1960.

DUDLEY F. JOHNSON
Supervisor of Elections.


Address
Government School,
Harris.

Government School,
Harris


Montserrat Constitution and Elections Ordinance, 1952.

NOTICE TO PERSONS ENTITLED TO VOTE.

Section 43 (1).
PLYMOUTH ELECTORAL DISTRICT.

All persons qualified as voters for the election of a
member of the Legislative Council of Montserrat residing
in the Plymouth electoral district of Montserrat who desire
to have their names inserted in the list of voters for the said
electoral district are hereby required to deliver, or cause to
be delivered, their claims in writing for that purpose on or


Montserrat Constitution and Elections Ordinance, 19552

NOTICE TO PERSONS ENTITLED TO VOTE.

Section 43 (1).
SOUTHERN ELECTORAL DISTRICT.

All persons qualified as voters for the election of a
member of the Legislative Council of Montserrat residing
in the southern electoral district of Montserrat who desire
to have their names inserted in the list of voters for the
said electoral district are hereby required to deliver, or
cause to be delivered, their claims in writing for that
purpose on or before the 7th day of July, 1960, to the
registering officer of the said electoral district at the
Government Schools at Kinsale and St- Patricks.
Every claimant to be registered as a voter shall, if he
is able so to do, with his own hand subscribe his name and
the date of such subscription to the notice of his claim to
be registered as a voter.
If any such claimant is unable by reason of illiteracy,
blindness or any other physical cause to perform the sub-
scription mentioned in the preceding paragraph, such
subscription, shall be performed on his behalf by tha
registering officer who shall witness the same by subscrib-
ing his own signature to the notice of claim of such
claimant.
Dated this 16th day of June, 1960.

DUDLEY F. JOHNSON,
Supervisor of Elections.


Registering Officer:
Mrs. MARY TUITT

Assistant
Miss F. BARZHY


Address:
Government School,
Kinsale.

Government School,
St. Patrick's.


In order to facilitate the proper examination of
Customs Entries importers are hereby requested as from
the 1st July 1960 to lodge their Import Entries in the box
provided for that purpose in the Customs House.

Full information with respect to the Names of Vessels
and dates of arrival should be stated and entries should be
supported by invoices and certificates of Origin where
necessary. When Warehouse rents are payable Measure-
ments should also be stated.

All Import Entries must remain in the Customs
House at least three days for examination.
Administrator's Office,
St. John's, Antigua.


Registering Officer:
Mr. J. WILLIAMS

Assistant
Miss R. MORGAN







June 30, 1960.


THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE


]Registry of the Supreme Court,
Antigua, 25th June, 1960.


His Lordship P. CECIL LEWIS,
Puisne Judge of the Supreme
Court of the Windward Islands and
Leeward Islands, has been pleased
Imder the Notaries Public Act,
Chapter 145 of the Laws of the Colony
of Antigua, to appoint Mr. HENRY
JOSEPH ELWIN of St. John's, Antigua,
a Notary Public in and for the Colony
of Antigua.

EVAN CREQUE,
Acting Registrar.


OBITUARY.
The Administrator of Antigua re-
cords, with regret, the death on the
llth June, 1960, of Mr. H. A.
RoBERTS, Head Teacher Grade II, of
the Education Department of this
Colony.

The Administrator's Office,
Antigua.
23rd June, 1960.


Post Office Notice.

British Postal Order Service

Somaliland Protectorate.


The Public is hereby notified that
as from 26th June, 1960, the British
Postal Orders Service will be with-
drawn from Somaliland Protectorate.

Postal Order should no longer be
sent to that country.

J. A. SKERRET,
Ag. Colonial Postmaster.


Laws of the West Indies, 1958.


It is notified for general information
that a limited number of copies of The
Laws of the West Indies, 1958. are
available for purchase at the Govern-
ment Printing Office, St. John's, at
$10.00 per copy.

Administrator's Ofice,
St. John's,
Antigua.
20th June, 1960.
Ref. No. A. 47/237.

No. 47.

The following Bill which is to be
introduced into the Legislative Coun-
cil of Antigua is circulated with this
Gazette and forms part thereof:-

The Vehicles and Road Traffic
(Amendment) Ordinance, 1960."


WEIGHTS AND MEASURES.


The Inspector of Weights and
Measures shall attend for the purpose
of examining, weighing and stamping
weights, measures and weighing
instruments at the following times
and places between 27th June and
16th July, 1960:

1. At the Police Station, Parham,
from 9.00 a.m. to 4.00 p.m. on Mon-
day 27th June.

2. At the Police Station, Willikies,
from 9.00 a.m. to 4.00 p.m. on Tuesday
28th June.

3. At the Police Station,
Freetown, from 9.00 a.m. to 4.00 p.m.
on Wednesday 29th June.


4. At the Police Station, All
Saints, from 9.00 a.m. to 4.00 p.m. on
Thursday 30th June.

5. At the Police Station, Liberta,
from 9.00 a.m. to 4.00 p.m. on Friday
1st July.

6. At the Police Station, Blans,
from 9.00 a.m. to 4.00 p,m. on Satur-
day 2nd July.

7. At the Police Station, Brookes,
from 9.00 a.m. to 4.00 p.m. on Mon-
day 4th July.

8. At the Police Station, St.
John's, from 9.00 a,m. on Tuesday 5th
July to Tuesday 12th July.

9. At the Police Station, Barbuda,
from 9.00 a.m. to 4.00 p.m. on Friday
15th July, 1960.

Provided that any of the days pre-
scribed above be a Bank Holiday,
inspection will be carried out on the
following day.

S. B. HULL,

Inspector of Weights & Measures.



RAINFALL FIGURES

Agrioultual Department,

Antigua.


Month. 1956 1957 1958 1959 1960
January 5.15 3.16 0.92 2.91 3.84
February 1.23 2.29 0.58 1.16 5.09
March 1.40 0.40 1.22 0.73 3.18
April 3.83 2.54 2.01 3.61 1.48
May 2.58 1.19 7.79 9.02 1.49
To llth June 0.72 0.32 7.21 0.00 0.19
14.91 9.90 19.73 17.43 15.27







120 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.


IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
ANTIGUA CIRCUIT.
APPELLATE JURISDICTION.


Appeal No. 9/1960.
Between:-


STAFFORD GILEAD

and
ALICE MADE TONGE


Before LEWIS, J.
J. R. HENRY for appellant
E. E. HARNEY for respondent.


JUDGMENT
May 10, 1960.


This is an appeal by the appellant against an
order of the Additional Magistrate of District B "
dated October 7, 1959 by which the appellant was
adjudged to be the putative father of a child of the
respondent and ordered to pay the sum of $1.00
weekly for the maintenance of such child. By the
said order the magistrate directed the appellant to
pay the sum of .72 c. cost. The respondent's
evidence is that she became friendly with the
appellant in September, 1958 and that she had
sexual relations with him in the months of Septem-
ber and October, 1958 in the bush at Manassah
Crump's ground" and as a result she became preg-
nant in October of that year and was delivered of a
child on July 12, 1959 of whom she says the
appellant is the father. She says that she told the
appellant of her pregnancy and he did not speak
to her. It was suggested to the respondent in
cross-examination that she had had sexual inter-
course with one James Mack and had told the appel-
lant that James Mack was the father of her child.
James Mack did not give evidence at the hearing
of the complaint.

The respondeut called Manassah Crump to
corroborate her story and his evidence is that on
Thursday morning October 18, 1958 between 6
and 7 a.m. he had sent the respondent to his home
with milk. At 9 a.m. that same morning he had
met herself and the appellant on the gravel road
on his ground and he spoke to them. This wit-
ness further alleges that he had seen the parties
there several times before during September and
October ". In cross-examination, Manassah Crump
said that he did not know if the respondent was
friendly with James Mack and he had never heard
Mack say that the child in question was his. He
admitted that other persons used the gravel road
to his ground and he again emphasised that he had
seen the appellant and the respondent between 7
and 9 a.m. near his ground in the months of
September and October. He is alleged to have
said in cross-examination that when he saw the
appellant and respondent together on October 28,
1958 (the witness actually said October 18, 1958
in his examination in chief) no one else was
around, and that he had never seen them in his
ground. When he saw them they were speaking


and they were 20 rods from his ground. They
were not holding hands or kissing but they there
standing close to each other. Finally, he said that
on the morning in question i.e. October 18, 1958
he had sent the respondent to her mother "long
before 7 a.m."
At the close of the case for the complainant
counsel for the defendant submitted to the magis-
trate that there was no case for the defendant to
answer as the complainant's evidence had not been
corroborated in any material particular. The
magistrate over-ruled this submission and called
upon the defendant to answer the charge but he
declined to call any evidence and rested his defence
on his submission. In the result the magistrate
made the order recited above.

Section 134 of the Magistrate's Code of
Procedure Act, Cap. 61 requires the evidence of a
woman who alleges a man to be father of her
illegitimate child to be corroborated in some
material particular by other evidence to the satis-
faction of the magistrate before the man in
question can be adjudged to be the putative father
of the child. The question here is, does the
evidence of Manassah Crump corroborate with the
respondent's evidence in the manner envisaged by
the section ?

In Burbury v. Jackson (1917) 1 K.B. 16. the
facts were that the parties were employed by the
same employer and in the course of their respective
employment were frequently required to be in a
barn at the same time. Lord Reading, C. J., after
stating these facts said at page 18 :
That is the whole of the evidence, and
the question is whether where the parties by
the nature of their employment have opportu-
nity of intercourse that is itself corroboration.
In my opinion it is not. To hold that it was
would lead to startling results and the
protection afforded by the requirement of
corroboration in S. 4 would largely dis-
appear ." The evidence here shows nothing
more than it was possible to have committed
misconduct at the material date. That is not
enough. The evidence must show that the


Appellant
(Defendant)

Respondent
(Complainant)


[June 30, 1960







THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.


misconduct was probable. If the parties were
seen in the neighbourhood of a wood or other
dark place where they had no occasion to be
that might possibly be corroborating evidence.
So in the case cited of Harvey v. Anning, the
fact of persons of different social positions
being seen together in lanes was held enough.
It is dangerous to lay down any general rule
as to what evidence will suffice for this pur-
pose: it is enough to say that more opportu-
nity will not."

Ridley, J., in a short judgment on the same
page said :
"I am of the same opinion. Opportu-
nity raises no presumption here, for both
parties were required by their employment to
be together in the place by which the opportu-
nity was afforded."
In my view the evidence of the witness
Manassah Crump amounts to nothing more than a
suspicion that the appellant may have been the
father of the respondent's child. The evidence is
that the road where the parties were seen together
by the appellant was also used by other persons,
and the appellant and respondent were never seen


together anywhere else but on the road. It is
possible that on such occasions, they may have
been making plans to meet elsewhere, but this is
mere speculation, and I think counsel for the
appellant was right when he submitted in the
court below that the complainant's evidence had
not been corroborated in a material particular.
The mere meeting together of the parties on the
road could not amount even to an opportunity to
commit misconduct even though the meetings may
have been planned. There was no evidence of acts
of familiarity between the parties when Manassah
Crump saw them together. They were merely
standing close to each other talking. The magis-
trate in my opinion was wrong to over-rule the
defendant's submission that there had been no
corroboration of the complainant's evidence in
some material particular. Manassah Crumps evi-
dence fell short of the requirements of section 134
of the Act and the defendant's submission should
have succeeded.


The appeal is accordingly allowed.
be no order as to costs.


There will


P. CECIL LEWIS,
Puisne Judge.


June 30, 1960.]






122 THE ANTIGUA, MONTSERRAT & VIIRGLN ISLA-NDS GAZETTE.


IN THE SUPREME COURT OF THlE WINDWARD ISLANDS AND LEEWARD ISLANDS
ANTIGUA CIRCUIT.
Appeal No. 7/1960.
Between :-


AGUSTA BROOKS


and


ELTON BROWNE


0 mplainant-Appellant


T)e4fenda nt-K:espudi nt


Before LEWIS J.
L. H. LOCKHART for the appellant.
f. E. HARNEY for the respondent.


JUDGMENT
(May 10, 1960.)


This is an appeal against an order of the
Additional Magistrate of District "B" dated
16th December, 1959 in which he ordered the
respondent to pay the sum of $18.72 and $15.72
costs for arrears of maintenance of a child of the
appellant of whom the respondent had been
declared to be the putative and in respect of whom
he had been ordered on June 30, 1954 to pay a
sum of .72c.
The facts are shortly these. After the order
for maintenance had been made, the appellant left
the Colony in October 1954 without making any
provision for the payment of the weekly sum of
.72c. He remained away from the Colony for
some considerable time and only returned on
December 3, 1959. During the period of his
absence no payments under the order of June 30,
1954 were made. The appellant accordingly filed
a complaint before the magistrate seeking to
recover arrears under the maintenance order from
October 1954 to 3rd December, 1959 a period
which she calculated as being 260 weeks (but it is
somewhat longer than this) at the rate of .72c.
per week. The total sum sought to be recovered
was $187.20.
At the close of the case for the complainant
before the magistrate, counsel for the defendant
offered no evidence in contradiction of the com-
plainant's evidence, but submitted that the com-
plainant was not entitled to recover more than six
months arrears of maintenance which the defendant
was ready and willing to pay. The magistrate
accepted this argument and made an order for
payment by the defendant of six months arrears
amounting to $18.72.
The complainant being dissatisfied with the
magistrate's decision has appealed therefrom on
two grounds viz.
(a) that the decision is unreasonable
and cannot be supported having regard to the
evidence and
(b) that the decision was erroneous in
point of law in that the learned magistrate
erred in coming to the conclusion that he had
jurisdiction to allow only six months arrears
of maintenance."


Thele is jno merit in t he first ground of
appeal, for it is clear tlh t the magistrate accepted
the complainant s evid.ene that the respondelnt had
not made any payments under the maintenance
order during his absence from the Colony, and in
any event, the respondent by not calling evidence.
to contradict this and admitting that the appellant
was entitled only to six months arrears which he-
was willing to pay thereby admitted that he was
not denying the appellant's evidence that he was in
arrears with his payments. The only point in this
appeal therefore is for what period is the respon-
dent legally liable to make payments under the
maintenance order?
Section 87 of the Magistrate's Code of
Procedure Act, Cap. 61 (hereinafter referred to-
as "the Act") lays down a period of limitation
within which proceedings must be brought under
the Act. This section reads as follows:-
"87. In all cases where no time is
specially limited for making any charge in the
Act or law relating to the particular case such
charge shall be made within six months from
the time when the matter of the charge-
arose. "
The complaint brought by the complainant
before the magistrate to enforce the order of
maintenance was laid under section 135 of the Act,
and it follows that unless the appellant can show
that there is some time specially limited" (in the
words of section 87) for making her complaint for
the enforcement of the maintenance order that the
six months period of limitation prescribed by
section 87 will apply and prevent her from recov-
ering arrears for more than six months.
Counsel for the appellant contends that
section 87 of the Act does not apply to these
proceedings. His argument is based on two
grounds. He says first of all that this section
deals only with "charges", that the proceedings
brought by the appellant was not a charge"
consequently the section had no application. This
submission is in my opinion unsound. In the first
place the word "charge used in section 87 has no
technical meaning. It is used in the very widest


[Jurle 30,1960-Y







THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.


sense and includes any proceedings in which there
are parties before the court. one of whom is the
accuser and the other the accused. The proceed-
ings may be initiated in any form-either by
means of an information or by means of a com-
plaint-but whatever the means employed the
,result is the same viz., that there will be at least
two persons before the court one of whom has
brought the proceedings and the other against
whom they have been brought. I think that this
'conclusion is supported by the language of section
86 of the Act which speaks of the person
bringing the charge and the person charged",
thereby indicating without doubt that the word
" charge as used in this section is not a term of
.art. Section 87 must not be read in isolation but
must be construed in conjunction with section 86
with which it is very obviously connected. It is
not without significance to observe that there is no
-definition of the word charge" in the Act,
although the words "information and com-
plaint are defined, the former as meaning "a
charge laid on oath and reduced to writing ", and
the latter as a charge made not on oath and
whether or not reduced into writing. "

The appellant's counsel admitted that the
:application made by the appellant to the magistrate
was a complaint. Indeed he was bound to admit
this as the record shows that the proceedings
initiated by the appellant were begun by means of
a form headed "complaint without oath in which
the charge the appellant was making the respon-
dent was reduced into writing and signed by
counsel himself, and by this complaint, the
appellant requested the magistrate to issue a
summons to the respondent to answer the
complaint.
Accordingly, since a complaint means "a
charge made not on oath and whether or not
reduced into writing", and the application made
by the appellant to the mfigistrate was admittedly
a complaint not made on oath but which was
reduced into writing, it follows that the appellant's
application was a charge within the meaning
of this definition and of section 87 of the Act.
The second argument which counsel for the
appellant adduced in support of his contention that
no period of limitation existed to bar his client's
,claim was to the following effect: he submitted
that if one looks at section 135 (1) of the Act
under which the appellant brought her claim, it
would be seen that the time limit was mentioned
in the subsection within which applications there-
under must be brought and, therefore, the
provision in section 87 that a charge must be made
within six months from the time when the matter
of the charge arose unless some other time was
specially limited for making the particular charge,
had no applications thertunider could he made
at any time" and that the italicised words
themselves created a tim! limit. He contended
that the intention of the legislature was that the
subsection should be operative at any time" so
that the applicants could for any period of time
recover "any sum payable" under an order.


Subsection (1) of section 135 of the Act reads
as follows:-
If the application be made before the
birth of the child or within two calendar
months after the birth of the child, the
Magistrate may order the payment of the
weekly sum to be made from the birth of the
child; and if at any time after the making of
such order as aforesaid it be made to appear
to a Magistrate upon oath that any sum
payable in pursuance of such order is one
month in arrear the Magistrate may proceed
to enforce such order in like manner as if
such order were a conviction, and the pro-
visions of this Act shall apply in all respects
as fully as though such order as aforesaid
were a conviction: Provided" (here follows
a proviso which is not material)
The appellant's argument is an extremely
confused one, and the confusion arises from a
failure to appreciate the significance of section 87
of the Act. This section creates a general period
of limitation of six months within which summary
offences are to be brought, and this period will
apply in respect of all summary charges except
where some other period of limitation is provided
either in the Act itself or in any other law relating
to the particular charge to which the special period
of limitation refers. It is therefore incumbent on
the appellant to show that section 135 (1) contains
a special period of limitation which takes her
application outside the general period prescribed by
section 87. Her counsel says that this is done by
the following words of the subsection:-
"and if at any time after the making of
such order as aforesaid it be made to appear
to a Magistrate upon oath that any sum
payable in pursuance of such order is one
month in arrear the Magistrate may proceed
to enforce such order in like manner as if
such an order were a conviction..........
But these words in my opinion clearly do not have
the effect of creating a special period of limitation
as counsel for the appellant contends. If it is said
that a special period of limitation is created by the
words quoted above, than this period must, of
necessity, relate to the time within which the
magistrate must receive the information upon
which he may proceed to enforce the order, but it
is apparent on looking at the subsection that the
words on which counsel for the appellant relies
create no such period. The words do not limit
any time within which it should be made to appear
to the magistrate that arrears are due under the
order. In fact the time for so doing is at large as
the subsection permits any action taken to bring
the information to the notice of the magistrate to
be taken at any time". There is accordingly
no time specially limited in the subsection for
taking such action and therefore the application is
subject to the general period of limitation
prescribed in section 87 of the Act. This was the
view taken by a Divisional Court in England in
Matthews v. Matthews (1912) 3 K. B. 91, a case
in which a married woman in 1911 sought under


June 30, 1960]


123





124 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [June 30, 1960


the Summary Jurisdiction (Married Women) Act
1895 to recover in respect of orders made in 1904
and 1905 the sum of 97. 4. for arrears of main-
tenance. By section 8 of this Act all applications
thereunder were to be made in accordance with the
Summary Jurisdiction Acts of 1848 and 1879.
The justices at the hearing of the application had
made an order committing the husband in default
of distress to imprisonment for three months,
unless all the arrears were sooner paid or satisfied.
It was held on appeal that the application was
subject to the limit of six calendar months imposed
by section 11 of the Act of 1848 and the
imprisonment being for non-payment of three
years' arrears was therefore bad ".
This decision was referred to with approval by
AvoRY J. in Crocock v. Crocock (1920) 1 K. B.
1 at p. 14 when he was discussing the change in
the law in England introduced by section 32 (1)
of the Criminal Justice Administration Act, 1914,
which reads as follows:-
32 (1) It is hereby declared that not-
withstanding anything in section fifty-four of


the Summary Jurisdiction Act, 1879, the
provisions of section eleven of the Summary
Jurisdiction Act, 1848 (which relate to the
time within which summary proceedings are
to be taken), do not apply to proceedings for
enforcing the payment of sums adjudged to
be paid by an order in any matter of bastardy
or by an order enforceable as an order of
affiliation. "
The effect of this subsection was to over-rule the
decision in Matthews r. Matthews (supra) but as
no similar change was made in our law this
decision is still good law here.
The appeal is accordingly dismissed, but no
order for costs will be made in the respondent's.
favour because he has, by his failure to honour his
obligations under the order over a period of several
years, materially contributed to the circumstances.
which made the appellant's application necessary.

P. CECIL LEWIs,
Puisne Judge.


Prtnal at the Gowvrument Printing Office, Antigus, Itwmud IMsan
by EARL PIoarr, Govennmnt Printer.--D Authority.
1960.


[Price 19 entes.


((K








No. of 1960.


Vehicles and Road Traffic
(Amendment)


ANTIGUA.


No.


of 1960.


BILL FOR

An Ordinance to amend further the Vehicles and
Road Traffic Ordinance, 1946.


Be it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the
Legislative Council of Antigua, and by the authority
of the same as follows:-

S 1 This Ordinance may be cited as the Vehi-
cles and Road Traffic (Amendment) Ordinance,
1960, and shall be read as one with the Vehicles
and Road Traffic Ordinance, 19456, as amended,
hereinafter called the Principal Ordinance.

2. Section 77 of the Principal Ordinance is
hereby amended by renumbering the section as
subsection (A) thereof and by adding the following
as subsection (B) of the section:-


ANTIGUA.


Commence-
ment.





Short title.
5/1946.
11/1948.
22/1954.
13/1955.



Amendment
of section 77
of the Prin-
cipal
Ordinance.








ANTIGUA. 2


; *


Vehicles and Road Traffie No. of. 1960: .
(Amendment) :


(B) Regulations made under subsectiopn,'r
(A) of this section may prescribe penalties 'b ,:
a fine not exceeding one hundred and twei'ty .,.
dollars or of imprisonment for a term not
exceeding six months."



Preident.-
Passed the Legislative Council this dbyof' .*
1960.



Clerk of the Council.




OBJECTS AND REASONS.


This Bill seeks to make provisions relative to the maximum
penalties which may be prescribed in regulations made under
section 77 of the Vehicles and Road Traffic Ordinance, 1946.


W. E. JACOBS,
Attorney General.


Attorney General Chambers,
St. John's,
Antigua.
20th June, 1960.


Printed at the Government Printing Office, Antigia. LeearCw
by EARL PIGoTT, Governtent Printer -By .Authc
A. 47/6.- -6.60.


d IFtands.
oritv
[PHce7 d7ffUti25.
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