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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/UF00076853/00254
 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
Publication Date: December 1, 1960
Frequency: weekly (irregular)
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 )
Spatial Coverage: Antigua and Barbuda -- Antigua
Montserrat
British Virgin Islands
 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: VID00254
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - AHX9420
oclc - 17270322
alephbibnum - 001667609
 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 253
        Page 254
        Page 255
        Page 256
        Page 257
        Page 258
        Page 259
        Page 260
    Antigua, Ordinance, no. 9 of 1960: Supplementary Appropriation (No. 2) Ordinance, 1960
        A-1
        A-2
    Antigua, Ordinance, no. 10 of 1960: Cooperative Societies (Amendment) Ordinance, 1960
        B-1
        B-2
Full Text






THE

ANTIGUA, MONTSERRAT

AND

VIRGIN ISLANDS GAZ

Published by cAuthority. ,


253


THURSDAY, 1ST DECEMBER, 196(


Notices.


Composition of the Police Ser-
vice Commission for the
Windwards & Leewards.
It is notified for general informa-
tion that the undermentianed persons
have been appointed to the Police
Service Commission for the Wind-
ward & Leeward Islands with effect
from November, 1960:-

Chairman.
Mr. DESMOND MCNAMARA, St.
Lucia.
Members.
Mr. GERRY PALMER, St. Vincent
Mr. CHARLES BULLY, Dominica
Mr. F. J. ARCHIBALD. Grenada
Col. CHARLES WALWYN, D.S.O.,
O.B.E., St. Kitis
Mr. DUDLEY TODD. Montserrat
Mr. J. R A. McDONALD, M.B E.,
Antigun..

Antigua Administration,
November, 1960.
Ref, A. 60/18.

No. 84.
Appointments, transfers, etc., in
the public service, with effect from
the dates stated, are published for
general information:-

Antigua.
ARMSTRONG, L., appointed P.O. 01.
III, Mental Hospital, Medical
Department. July 14
GARDNER, E., appointed Junior Clerk,
Peasant Development Office.
Feb. 15
HILL, Miss V., Junior Clerk, Income
Tax Dept., confirmed to the Pen-
sionable establishment.
Oct. 1, 1958
LLEWELLYN, E., appointed Junior
Clerk, Registrar's Dept. Sep. 1
MERCIER, H., appointed Junior Clerk,
Peasant Development Office.
Apr. 6
QUINLAND, S., appointed P.O. Cl. III,
Mental Hospital, Medical Dept.
June 6
SAMUEL, D., P.O. Cl. II (Bailiff,
Supreme Court) appointed P.O. Cl.
I (Bailiff) Registrar's Office.
Apr. 2


WARNER, Miss A.. appointed P.O.
Cl. III, Mental Hospital, Medical
Dept. July 24
WARNER, Miss I., appointed Junior
Clerk, Audit Dept. June 13
WILSON, Miss I., Junior Clerk, Treas-
ury Dept., appointment terminated.
Nov. 1

CONFIRMATION OF ORDINANOES.

No. 85.

The Secretary of State for the
Colonies has informed the Adminis-
trator that the power of disallowance
will not be exercised in respect of the
undermentioned Ordinances of the
Colony of the Virgin Islands-
No. 4 of 1960, The Small Charges
Act (Amendment) Ordinance, 1960."
No. 8 of 1960, "The Burial
Grounds Ordinance, 1960.,'
No. 12 of 1960, "The Cinema-
tographs (Amendment) Ordinance,
1960 ".

Administrator's Offce,
Tortola.
British Virgin Islands.
9th November, 1960.
M.P's 47144.
71/39.
12/7.

No. 86.

The following Ordinances are cir-
culated with this Gazette and form
part thereof:-
Antigua.
No. 9 of 1960, The Supplementary
Appropriation (No. 2) Ordinance,
1960..' 2 pp. Price 7 cents.

No. 10 of 1960, The Cooperative
Societies (Amendment) Ordinance,
1960." 2 pp. Price 7 cents.

Warning.
Proceedings will be commenced in
the next fortnight against those per-
sons who are in arrears of Income Tax
for any year up to, and including 1960.
E. G. O'M. BERRIDGE,
Commissioner of Income Tax.
22nd November, 1960.


PROVOST MARSH 'Sb(}fe<,
ANTIGU .."
19th November, 19'6'0"
NOTICE IS HEREBY GIVEN
that there will be sold on the various
premises in the City of Saint John
hereinafter named on Thursday the
29th day of December, 1960, at 12
o'clock noon the lands and tenements
belonging to the persons whose
names are set out hereunder, the said
premises having been levied upon to
satisfy the City Rate for the year
1960.

BENNETT STREET.
Kenneth Henry, Est. of Charles
Este, Oliver Christian
CHRISTOPHER STREET.
Ernest Gerald, Ester Christian.
BRYSON STREET.
Susannah Baptiste, Adelaide Henry,
Charlotte Tobitt.
ALFRED PETERS STREET.
Louisa Mannix, Greta Louisa
Henry, Samuel Challenger, Henry
Edwards, Christopher Francis, Mil-
dred Orr, Lucille I. Christian.
DICKENSONBAY STREET.
Agatha Horsford, Alfred O. Wallace.
Johanathan Stevens, Arthur James,
Eulinis Christian, Rosalie Morgan,
Ickford Winter.
ST. GEORGE'S STREET.
Ickford Winter, Est. of Charles
Davis, Adelaide Williams. Est. of
Rachael James, Augusta Isaac, Est. of
Stephen Melvin, Marie Alee Watson,
Edward Lloyd, Est. of Sarah Henry.
ST. JOHN'S STREET.
Geo. Wcston, George James, Ivy
Drench, George Munroe, Samuel
Henry, Est. of Henrietta Brown,
Mildred Swift, Charles Isaac, Victoria
James, Victoria James, E. H. Lake &
A. Webber, G. Gaston Jehilman.
BISHOPGATE STREET.
Elderfield D. Bridges, Anna Green,
Hrs. of Albert Barnard, Norris Allen.
NORTH STREET.
Mary Samuel, Louisa Semper, Est.
of Sophia Francis, Henry Edwards.


X
_V,2 A


VOL. V.










254 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.


NEVIS STREET.
Morrieon Camacho, Clement De
Silva.

NEWGATE STREET.

Samuel A. Joseph, Helena Thomp-
son, Josiah Title, Est. of Adriana
Thibon.

MARINER'S LANE.

Geo. W. B. Bryson & Co., Edward
Henry, Est. of P. Samuel, Est. of
Joseph Reydolds

POPESHEAD STREET.

Adolphus Reynolds

BISHOPGATE ALLEY.

Hrs. of Matthew, Est. of Sarah
James.

MARKET STREET.

Henrietta Miles, Samuel Thomas,
Thomas Pelle.

FORT ROAD.

P. LaVan, Samuel Destin, C. A.
Williams.

EVAN CREQUE,
Ag. Provost Marshal.


TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS.
8th November, 1960.

SCHENLEY DISTILLERS, INC.
of 350 Fifth Avenue, New York City,
New York, U.S.A. have applied for
Registration of one Trade Mark con-
sisting of the following:-


OLD STAGG

in Class 43, that is to say, Alcoholic
beverages particularly whisky, gin,
brandy, alcoholic cordials and rum.

The Applicants claim that they
used the said Trade Mark in respect
of the said goods in the United States
since October, 1928.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua, Montserrat and Vir-
gin Islands Gazette, give notice in
duplicate at the Trade Marks Office,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.

H. ALEX BESSON,
Ag. Registrar of Trade Marks.

The Attention of all Tobacco
Dealers and Pedlars is drawn to
sections 8 and 9 of the Tobacco
Ordinance No. 3 of 1947 as amended,
which provide that every dealer shall
keep a Tobacco purchase book and
Tobacco sales book and every pedlar
shall keep a pedlar's purchase book.


Any person who disobeys or
neglects or refuses to obey the
provisions of the Ordinance shall be
liable to be prosecuted for such
disobedience, neglect or refusal.

E. O. A. PESTAINA,
Collector of Customs.


Sale of Perishable Goods in the
Queen's Warehouse.
All perishable goods, which are
not removed from the Queen's Ware-
house within seven days, will be sold
by Public Auction under the provi-
sions of Sub-section (3) of section 26
of the Trades & Revenue Ordinance
No. 8 of 1900.

Notice of the exact time of sale
will be given by a Crier with a bell.

The term perishable goods includes
all fresh vegetables, including white
potatoes and onions.

Tenders are invited for the supply
of the undermentioned items to
Government Institutions in Antigua
for the half-year ending 30th June,
1961.

2. All tenders must be addressed
to the Adninistrative Secretary, Min-
istry of Social Services in sealed
envelopes marked Tenders for the
supply of Groceries, etc" and deli-
vered at the Administration Building
not later than 10th December, 1960.

3. Tenders should state quality
and brand of commodities.

4. Government does not bind it-
self to accept the lowest or any
tender.

Groceries.
Rice
Flour
Meal
Butter (5ih and lib tins)
Cheese (51bs and 12 oz. tins)
Fish-salted
Milk-tinned
Sugar
Edible Oil
Fruits-tinned (small, medium
and large cases)
Meat-salted, pickled, tinned,
smoked and cured.
Lard (Buckets of 251b; 51b tins)
Margarine (51b. and lib tins)

Vegetables Imported.
Onions
Potatoes

Laundry Requirements
Arrowroot
Soap
Blia
Soda

Others


Bread
Poultry


Meat-fresh
Milk-fresh
Kerosene

Administrator's Office,
St. John's,
Antigua.
25th November, 1960.
Ref. No S. S. 41/36.


Medical Officer of Health,
Grenada, West Indies.
Applications are invited from suit-
ably qualified candidates for appoint-
ment to the vacant post of Medical
Officer of Health in the Medical
Services, Grenada, W.I.

DUTIES OF POST:
Special charge of all clinics con-
ducted or emanating from Health
Centres in relation to a programme
of Preventive Medicine stipulated by
the Medical Department, including
Venereal Diseases, School Health
Work and Port Health Work.

APPOINTMENT:
Pensionable or on contract for 3
years is preferred, subject to medical
fitness.
QUA LIFICAV IONS:
D.P.H. or equivalent degree regis-
terable in the United Kingdom is
desirable, also specialised knowledge
of V.D.
SALARY:
The post carries a sdalry of $6,624.
There is a possibility, but no guaran-
tee, that the salary may be revised
upwards shortly.

ALLOWANCES:
A travelling allowance of $1,500
per annum is payable.

Further particulars can be obtained
from the Secretary to Government,
Administrator's Office, Grenada, W.I.,
to whom applications, stating qualifi-
cations, age and experience, accom-
panied by at least two copies of
testimonials must be submitted to
reach him not later than the 5th
December, 1960.

Tenders are invited for the supply
of the undermentioned items to
Government departments in Antigua
for the period 1st January fo 31st
December, 1961:
Petrol
Diesel Oil
Lubricating Oil
All tenders must be addressed to
the Administrative Secretary, Public
Works and Communications, in sealed
envelopes marked "Tender for the
Supply of Petrol and Diesel Oil and
Lubricating Oil and delivered to the
Administrator's Office not later than
4 o'clock on Thursday, 15th Decem-
ber, 1960.
Government does not bind itself to
accept the lowest or any tender.

Adminiistrato-r's Ofi9e,
St. John's,
Antigqa.
21st November, 1960.
Ref. No. A. 41/36.


-- - ------L-"---~-"~
YY~C
~-L^YI-L
LLL_~-


F December 1, 1960









THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE. 255


Tenders are invited for the supply
to Government of its requirements
of cement of approximately 8,000
bags per month for the period ending
31st December, 1961.
All cement should be delivered in
bags and the successful tenderer will
be required to keep the above quanti:
ties in stock in his storeroom and to
make deliveries therefrom in un-
broken bags and in good condition as
and when required by Government.
Government does not bind itself to
accept the lowest or any tender.
Tenders should be addressed in a
sealed envelope to the Minister,
Public Works and Communication,
Administrator's Office, and should
reach that office not later than 4 p.m.
on Thursday, 15th December, 1960.

A. E, L. WILLIAMS,
Administrative Secretary,
P.W.C.
Administrator's Opfice,
Antigua.
21st November, 1960.
Ref. No. A. 41/36-11.

Tenders are hereby invited for the
transport by motor car of public
officers travelling on duty for the year
ending 31st December. 1961.
2. Such tenders should be in
respect of single journey from the
place where the public officer enters
the car to the place at which he leaves
it (i.e. so much a mile for the single
journey) and charge for waiting, if
any, should be stated. Provided that
where the officer enters or leaves the
oar outside the City limits a charge
may be made for the distance between
that point and St. John's.
3. Government will not be pre-
cluded from hiring seats for public


officers in Public service vehicles
which would otherwise be proceeding
to the officer's d-stination where this
will result in any economy e.g. for
customs officers going to Coolidge
Airfield on duty in a car hired or used
by the Airline Agents.

4. Government reserves the right
to hire or use cars, or seats in cars,
other than the contractor's cars, for
public officers proceeding on duties
connected with the Customs or
revenue.

5. Government dots not bind itself
to accept the lowest or any tender.

6. The Contractor will be expected
to provide prompt and efficient service
and any agreement entered into with
a contractor will be subject to the
following conditions:-

(i) The Contractor shall
whenever required fur-
nish a car.
(ii) If due notice of the re-
quirement of a car has
been given and failing
any satisfactory explana-
tion the Contractor's car
arrives more than five
minutes after the required
time Government shall
have the right to deduct
a penalty not exceeding
$2.40 from any of the
sums due and owing to
the Contractor.
(iii) In the event of the Con-
tractor's car being more
than 15 minutes late after
the required time Govern-
ment may cancel the
contract on giving the
Contractor one week's
notice in writing.


(iv) Government shall also
have the right to termi-
nate the contract on
giving one week's notice

in writing if the service
is generally unreliable
through repeated un-
punctuality, defective
cars or other cause.

7. The Tender should state the
number of cars to be at the disposal
of Government.

8. All tenders should be addressed
to the Minister for Public Works and
Communications in a sealed envelope
marked Tender for Official Trans-
port" and should be lodged at the
Administrator's Office not later than
12 noon on Saturday 10th December,
1960.

A. E. L. WILLIAMS,
Administrative Searelary,
Ministry of Public Works
and Communications.


RAINFALL FIGURES.

Agrioultural Department,
Antlgua&


Month.
January
February
March
April
May
June
July
August
Sept.
October
To Nov. 26th


1956
5.15
1.28
1.40
3.83
2.58
5.72
4.29
5.67
1.17
7.17
3.42


1957 1988
3.16 0.92
2.29 0.68
0.40 1.22
2.54 2.01
1.19 7.79
2.86 13.12
1.50 3.95
4.80 2.94
7.81 3.53
4.37 8.60
5.26 2.00


41.63 36.18 46.26 36.63 36.94


Election Notice.

IT IS HEREBY NOTIFIED for general information that the undermentioned persons have been duly
elected as members of the Legislative Council of Antigna for the electoral districts hereunder-


Mr. GEORGE ALLINGTON SHEPPARD
Hon. VIRE CORNWALL BIRD
Mr. DENFIELD W. HURST
Mr. JOSEPH M. LAWRENCE
Mr. DONALD SHEPPARD
Hon. ERNEST E. WILLIAMS
Hon. EDMUND H. LAKE
Mr. McO. GEORGE
CHRISTIAN T. SIMON
Hon. LIONEL HURST


30th November, 1960.


Saint John's (Rural) South
Saint John (Rural) West
Saint John (Rural) North
Saint George
Saint Philip and Saint Peter
Saint Paul
Saint John City (South)
Barbuda
Saint Mary's
Saint John's City (North).

HERNY J. ELWIN,
Supervisor of Elections.


December 1, 1960]










256 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE. [December 1, 1960

Land Tax Notice.

NOTICE IS HEREBY GIVEN that pursuant to Section 11 of the Land Tax Ordinance No. 1/1947 the lands
and tenemen ts belonging to the persons whose names are set out hereunder will be sold by Public Auction at the
Court House on Tuesday the 13th day of December, 1960 at 3.30 p.m., to recover the land tax now due and owing on
these several properties.


Property.

Aaron's Farm
t9
Albertine's Farm
Bailey Hill


Black Point
Body Ponds
9


,9
Brooks Estate
Buckleys
Buckshorn
,,


Bendals
Bushy Park
Carlisle & Barnes Hill
Cedar Villa
Clare Hall


Cassada Garden
The Camp
Clarks Hill
Claremont Estate


Owner


Rebecca Jackson
Benjamin Spencer
Iris Solomon
Maria Simon
Gwendolyn Peters
Samuel Simon
Edward Marsh
Louisa David
Anne Henry
Agnes Davis
Catherine Grant
Augusta Davis
George A. Davis
Gwendolyn Jackson
Joseph M. A. Edwards
George Edwards
Theophilus Brann
Emanuel Rhodes
Allan Simon
Arthur Scott
Sampson Cort
Donald Gilbert
Haroli A. A. Tomlinson
S. L. D. Gabriel
Adolphus Haywood
William Freeland
George Jonias
Emanuel Martin
Matilda Gallaway
Darius Archibald
Sarah Jos.ph
C. W. Gordon
Pauline Laviscount
George S. Benjamin
Leonard Elwin
Matilda Martin
John W. Hill
Hrs. of Caroline Isaac
Mary Jonas
Constance Manderson
Hn h Joseph
Clifford Simon
Hilta Matthias
Charles Trotman
J. B. Knowles
C. A. S. Hallpike
Quin Farara
Donald Ford
W. T. Abbott


Arable
14
1
1.06
1
1

31
1
ii
1


10

1

1


7
32
10.41
1
3
4
3
4

1
32



10.41






1
4
1
13

1
1







13.901
2









3
1


1


13.901
3
65
400


No. of Acres
Non-Arable



3
3
2
91







3






8

6
























236


Dated this 22nd day of November, 1960.
EVAN CREQUE,
Ag. Provost Marshal.









December 1, 1960] fiHlE ANFTGrUA, MONPSERRA.T & VIIl.-IN ISLANDS GAZETTE. 257

BANKING STATISTICS: LEEWARD ISLANDS.
All fignris in West Indian dollars.
Number of banks reporting: 3 (Barclays Bank (D. 0. O.), Royal Bank of Canada,
and Antigna Co-operative Bank Ltd.)
Figures for the Quarter ended 30th September 1960.


Notes in circulation
Deposits
(i) Demand
(ii) Time
(iii) Savings


LIABILITIES.


:3. Balances due to:-
(a) Other banks in Ihe colony
(b) Banks abroad (inclil-
ing Head Office ,or
branches outside tHi-
Colony
(i) United Kingdom 37.0
(ii) U.S.A. 90.741.4
(iii) Canada 6',137.2
(iv) ENewhere 265.15, 8.4


4. Other Liabilities

Total Liabilities


N.et Overseas Assets held against Local


$
5,365.00
16,664.904.91




171,038.00


417,119.11




$348,721.74

17,607,148.76

Liabilities
$4.880,494.00


1. Calsh


ASSETS.


.76.4
1,335.766.42


2. Balance. s Iune by other banks in the Colony 6.693.03


3. B;lances due from banks abroad
(inC!iding Head Office or branches
omuside tlih Colony) and oiher short
claim such as bills discounted
drawn on abroad.
(i) United Kingdom $7,378,934
(ii) U.4.A. 58,122
(iii) C;mI!a 134.489
(iv) Elsewhere 18,232


4. Loans and Advances

(N) Prlmniry Production
(b) Other industries
(c) Other Advances

5. Investments


6. Other Assets


Total As,"ts


$t1.954.970
3,473,4Ml
1,655.116


.33
.00
.64
1.00

0,8').575.33

.80
;.00
.53


15.000.00


1.576,336.01

$17,;007,148.76


STATEMENT OF CuiUErNCY NOTES AND BRITISH CARIBBEAN COIN IN CIRCULATION IN THE
BRITISH CARIBBEAN TERRITORIES (EASTERN GrouP) ON 1stOCTOBBR, 1960.
Notes. C'ins.
Average circulation during August, 1960:-- $
I ritish Caribbean Currency 81,878,824.00 4,158,29(
Demonetized Govt. notes 999,977.00

$ 82,878,801.00 $ 4,158,29(


British Caribbean Notes and C ,ins in
circulation on 1st October, 1960:-
Trinidad and Tobago
Barbados
British Guiana
Grenada
St. Vincent
St. Lucia
Dominica
Antigua
St. Kitts
Montserrat
Proof Set of Coins
Total British Caribbean Notes and Coins
in circulation on 1st October, 1960
Demonetized Govt. Notes outstanding on
Trinidad and Tobago
British Guiana
Barbados
Total Government notes ,outtanding

Total circulation on 1st October, 1960

Headquarters,
British Caribbean Currency Board,
Treasury Building,
Port of Spain, Trinidad, W.I.


39,361,395.00
7,060,225.00
21,449,456.50
4,221,100.00
804,400.00
934,000.00
2,039,400.00
3,330,;;00.00
1,589,6()0.00
310,900.00


$81,100,776.50
Ist October, 1960:-
688,303.00
244,072.50
65,940.00
998,315.50


).00


).00


1,864,021.00
578,100.00
886,910.00
185,350.00
109,100.00
134,700.00
109,850.00
15-,475.00
127,925.00
2.1,350.00
1,870.00

$4,176,651.00


$82,099,(92.00 $4,176,651.00


L. SPENCE,
Executive Commissioner,
Br. Caribbean Currency Board.


5,743,503.-46
1,080,102.99.
9,841,298.4 6


0
4
2
q
.i


/


_ __ ___


7,.89,777.97







?.8 THE ANTIGUA, MONTSERRAT & VIRGIN ISLAND G-\ZETTE,


ANTIGUA SAVINGS BANK.

Amount for Deposits and Withdrawals for quarter ended 30th September, 1960.


DEPOSITS.

To balance at credit of
Depositors as at let
July, 1960

,, Deposits received
,, Interest credited to
Depositors


c


$

By

825,307.28

90,095.25

283.10

)15,685.63


WITHDRAWALS.


balance at credit of Depositors
as at 30th September, 1960

Withdrawals


$

811,988.80

103,696.83




915,685.63.


Statement of Assets and Liabilities as at 30th September, 1960.


LIABILITIES.
To balance at credit of Depositors
as at 30th September, 1960
Interest Earned $25,644.96
Less Interest paid 438.96


Sale of Pass Book


$

811,988.80

25,206.00


18.75


837,213.55
- I


AsSaTS.
By cash with Treasurer
Investments (Crown Agents)
,, (Local)
Reserve (Deficit)


66,604.75,
598,825.87
96,000.00
75,782.93




837,213.55


G. A. WALTER,
Accountant.
31st October, 1960.


A. A. CAINES,
Manager, Savings Bank.
31st October, 1960.


Antigua.
Savings Bank Statement for Quarter 30th September, 1960.


LIABILITIES.


Notes in Circulation
Deposits
(i) Demand
(ii) Time
(iii) Savings


811,988.80


3. Balance due to:
(a) Other banks in
Colony
(b) Banks abroad including
Head Office or Branches
outside of Colony
(i) U.K.
(ii) U.S.A.
(iii) Canada
(iv) Elsewhere
4. Other Liabilities


Nil


Nil
Nil
Nil
Nil
Nil
25,224.75


837,213.55


ASSETS.

1. Cash in Treasury
2. Balance due by other banks
in Colony
3. Balance due by other banks
abroad and other short
claims by us:
(i) U.K.
(ii) U.S.A.
(iii) Canada
(iv) Elsewhere
4. Loans and Advances:
(a) Industry
(b) Agriculture
(c) Other
5. Investments
(a) Local
(b) Other
6. Other Assets
Reserve Account


$
66,604.75

Nil



Nil
Nil
Nil
Nil





96,000.00
$59S,825.87

75,782.93

837,213.55


A. A. CAINES,
Chief Accountant.


31st October, 1960


[December 1, 1960,


I








IDecember 1, 1960] THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE. 259
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
ON APPEAL FROM THE MAGISTRATE'S COURT DISTRICT "A"
ANTIGUA CIRCUIT.


.Appeal No. 3 of 1958.
Between:-
CHRISTIANA ELMES-Plaintif- Appellant
and
ST. GEORGE MICHAEL-Defendant-Respondent
Before LEWIS, J.
E. E. HARNEY for appellant.


,C. E. FRANCIS for respondent.


JUDGMENT


This is an appeal from a decision of the Magis-
trate of District A" in St. John's delivered on
21st April, 1958, in which he dismissed the
-appellant's claim for the recovery of possession of a
-dwelling house which she had let to the respondent.
In her particulars of claim the appellant alleged
that the respondent's tenacy had been terminated
'by a notice to quit which had been duly served on
the respondent.
At the trial service of the notice to quit was
admitted and the reasons for the notice as stated
therein were (1) that the respondent was in arrear
with his rent, and (2) that he had sublet the
premises without the appellant's consent.
The notice was dated 22nd January, 1958,
:and it called upon the respondent to yield up
possession of the premises on 31st January, 1958.
Now as regards the first reason given by the
appellant for issuing the notice to quit, viz. that the
respondent was in arrear with his rent, it is obvious
from the appellant's second ground of appeal that
the allegation that there was an agreement between
herself and the respondent whereby the respondent
should pay his rent in advance was the essence of
her case on this issue. It will be observed, however,
that the appellant gave no evidence whatever in her
examination in chief on this essential point of her
was payable first emerged in the cross-examination
of the appellant, and one wonders why counsel for
the respondent thought it necessary to ask questions
in cross-examination which miiht have the effect
of supplying evidence on a vital part of the appel-
lant's case which she had herself ignored. Be that
as it may, however, the respondent undoubtedly
indicated in language of the clearest possible nature
that the rent was payable in irrear. Her words
were: "Defendant has always paid rent for a
month at the end of the same current
month. For example if rent is due for March the
defendant should pay rent at the end of Mrrcii."
There is no ambiguity in this statement. Appel-
lants counsel realising that this statement was at


complete variance with the ba.is of her claim asked
her questions on this point in re-examination and
in reply to him she said these words: When
the defendant came to rent house I told him I pre-
ferred him to pay rent in advance. Defendant paid
the first half month in advance. He also naid the
second month in advance, that is October 1956,
also ihe third month of November, 1956," and at
that stage she produced the rent book as an exhibit
to show when the payments were made.

There were thus two conflicting statements by
the appellant as to when the rent was payable. At
one stage she said it was payable in arrear, and at
another that it was payable in advance, but signifi-
cantly either of these statements occurs in her
examination in chief where one would normally
expect to find it.
Counsel for the appellant in his second ground
of appeal alleges that the decision of the learned
Magistrate was erroneous on point of law in hold-
ing that the contract to pay rent monthly in advance
was varied by implication to one for payment at
the end of the month by reason of the fact that the
defendant had ceased for some months to pay his
rent in advance and the plaintiff had accepted pay-
ments made at the end of the month." The
manner in which this ground of appeal is worded
indicates that counsel is assuming that there was a
contract ab initio for payment of the rent in advance
and that the Magistrate so found, but held it had
been varied to one of payment in arrear. In effect
counsel for the appellant by stating the second
ground of appeal as he has is in reality begging the
question which the appellant had to establish. The
question for discussion wag; was there an agreement
for the payment of rent in advance as alleged. The
Magistrate had two inconsistent statement by the
appellant on this issue and it was open to him to
find what in fact was the true agreement. between
the parties as to when the rent was payable. He
found after considering the evidence that in effect
thle real agreement between them was that the rent
should be paid in arrear (at least that is how I
in merpret his second reason for decision) and in view








260 THE ANTIGUA, MONTSEfRRAT & VIRGIN ISLANDS GAZETTE.


of the practice of so paying it and acquiesced in by
the appellant over a period of nearly a ear of the
tenacy I am not disposed to say that this finding
was an unreasonable one on the evidence. If one
considers the language the appellant tu-ed on the
occasion when she said the contract for the payment
of the rent in advance was made, it will be seen
that it is somewhat ambiguous and indefinite in
part. One does not expect a landlord to say to a
tenant whose rent he wants paid in advance that he
would prefer" the tenant to pay the rent in ad-
vance. On the contrary one would expect the
landlord to say categorically that the rent must be
paid in advance if he intends such a condition to be
a term of the proposed tenancy, and if the tenant
accepts this condition then it becomes a part of the
tenancy agreement. It was submitted by counsel
for the respondent that the language used by the
appella, t was in the nature of a suggestion to the
respondent that he should pay the rent in advance,
and conveyed the meaning that as a matter of con-
venience to her it should be so pAid. He further
contended that the language in question was of so
uncertain and equivocal a nature that it was impos-
sible to say that a definite arrangement had thereby
been made for payment of the rent in advance, and
there was therefore no legal obligation on the
respondent to pay the rent in advance. He submit-
ted that payment in advance had been made for a
few months but this, he submitted was merely op-
tional on the respondent's part to comply with the
appellant's suggestion and nor, because he was
under a contractual duty to do so. I think this
interpretation of the appellant's language is a fair
one and I am of the opinion that the Magistrate,
viewing the evidence as a whole could reasonably
come to the conclusion that the effective agreement
between the parties was that the rent should be paid
in arrear.

It is true that the Magistrate's decision on this
issue appears to contain hiatus in that he refers to
the second reason for his decision only to the
period of the contract beginning in the month of
February, 1957, and says nothing of the period
beginning September, 1956 and ending in January,
1957 when the rent was paid in advance. I think
this omission can be explained on the ground that
the magistrate was satisfied that the payments in
advance made by the respondent between September
1956 and January 1957 were thus made not in
pursuance of a contractual obligation but volunta-
rily, and he was more concerned with discovering
the true nature of the agreement between the parties.
I interpret this second reason for his decision to
mean, not that he found an agreement for payment
in advance which had been varied to one for pay-
ment in arrear, ,as counsel for the appellant alleges
in his second ground of appeal, but that although
there had been p.vinpy ts in advance fcr a short
time, the real and effective agreement was that the
S rent should be paid in arrear as it had been so paid


for the greater part of the tenancy and accepted by
the appellant without protest.
The appellant undoubtedly acquiesced in this.
arrangement for nearly a year, and while it may
be true as her counsel said that th- rent was al-
ways paid on on a date in each month
which precluded her from relying on section
10(1) of the Ient Restriction Ordinance 13/1947,
nevertheless, even if she could not have sued for-
recovery of the premises on the ground that the
rent for any particular month had not been paid
for at least 30 days after it became due, asspeci-
fled in the Ordinance, she could at least have sued
the respondent for the rent if she thought he was
in arrear with his payments as she claims. She
did not do this and it leads one to conclude that
she accepted the true arrangement between them
to he one whereby the rent for each month was
to be paid at the end of that month. This I
think is the effect of the Magistrate's finding.
If the appellant g< nuinely believed that the
respondent was under a contractual duty to pay
the rent in advance, then it is relevant to inquire
why she slept so long on her rights, took so long
to enforce them and allowed the respondent to
pay rent in a-rcar (as she claims) without protest.
I think she did this because she realized that the
real agreement was that the rent should be paid
in arrear, and her action is now seeking possession
and alleging that the rent is payable in advance
can be explained by her admission under cross-
examination that she wants the house for someone
else.
The second ground on which the appellant
sought possession of the premises was that the
respondent had sublet them without her consent.
The Magistrate found that there was no subletting
of the premises, and that the respondent's lady
friend who was living therein was doing so as a
license. The appellant contends that this find-
ing was erroneous in point of law.
The question whether a tenant has sublet
premises in any particular circumstances is a
question of fact. On the facts the Magistrate
found that there was no subletting. The evidence
given by the appellant in examination in chief
on this issue must be considered in the light of
her admission in cross-examination. On the
totality of the evidence there is room for doubt if
there was in fact a subletting especially if consi-
deration is given to the relationship existing be-
tween the respondent and the person to whom he
is alleged to have sublet. It is impossible to say
in these circumstances that the Magistrate came
to a wrong conclusion on the facts before him
when he held that there was no subletting, and
in my view there is no ground for disturbing the
Magistrate's decision on this issue
The appeal is accordingly dismissed with
four guineas costs.
P. CECIL LEWIS,
Puisne Judge.


Prirted at the Goy, riur,,ent Printinz Offwe, Antiguai. Liev wiw Iriw,4t,
hj EARL PifO'wr. (G"verflitkni Printor--fly Authority.
19(6(0


D~ecemb Ier 11 1960.Ti


[Priee .113 r-08.1s.


)0 ;1








No. 9 of 1960. Supplementary Appropriation ANTIGUan.
(No. 2)




[L.S.]
I ASSENT,
I. G. TURBOTT,
Administrator.
27th October, 1960.







A NTIGUA.

No. 9 of 1960.


An Ordinance to sanction payment from the Public
Treasury in excess of certain sums provided
by law for the service of the Government for
the year ending on the thirty-first day of
December, 1960.
[27th October, 1960] CommenO-
ment.
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:-
1. This Ordinance may be cited as the short title.
Supplementary Appropriation (No. 2) Ordinance,
1960.
2. The various sums of money set forth in Legalieation
the Schedule to this Ordinance amounting in all of e""'.
to three hundred and thirty-three thousand and
eighty-four dollars and eighty-two cents being over
tad above the sums granted and provided for the
services to which the said sums relate in the
Appropriation (1960) Ordinance, 1959, shall be /l'J5qa.







ANTIGUA. 2 Supplementary Appropriation No. 9 of 1960.
(No. 2)

and the same is hereby declared to be charged
upon and made payable from and out of the
General Revenue and other funds of the Colony
and the Chief Accountant of the said Colony is
hereby authorized and required from time to time
upon the order of the Administrator or the
Minister responsible for Finance to pay the said
sums in the said Schedule to the several services
therein mentioned, as the said order or warrant
may direct out of the General Revenue and other
funds of the said Colony without further order or
formality.

I. G. TUBBOTT,
President.

Passed the Legislative Council this 7th day of
July, 1960.

F. A. CLARKE,
Clerk of the Council.

SCHEDULE.


Head. Service. Amount.
$
E. 20 Treasury ...... 1,396.00
E. 22 Labour ...... 1,170.00
E. 26 Miscellaneons ...... 891.50
E. 29 Telecommunications ...... 1,496.00
E. 32 Pnblic Works Extraordinary ...... 4,000.00
E. 34 Colonial Development & Welfare
Schemes ...... 324,131.32
333,084.82








Printed at, the Government Printing Office, Antigs, Leeward asladl, '
by EARL PIGOTT, Government Printer.-By Authority.
1960.


A. 47/278--600-11.60.


Price 7 cents.







Co-operctire Societies (Amendment) No. of 10 1960. ANTIGUA.


[L.S.]
I ASSENT,
I. G. TURBOTT,
Administrator.
22nd November, 1960.






ANTIGUA.

No. 10 of 1960.

An Ordinance to amend the Co-operative Societies
Ordinance, 1958.

[22nd November, 1960] m'"ment.

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:-

1. This Ordinance may be cited as the Co- Short title
operative Societies (Amendment) Ordinance, 1960,
and shall be read as' one with the Co-operative
Societies Ordinance, 1958, hereinafter called the 81195.
Principal Ordinance.

2.. For subsection (1) of section 10 of the Subsbitution
Principal Ordinance the following shall be substi- hof etiofe
tuted:- Principal
Ordinance
(1) Any registered society may, subject
to this Ordinance and the Rules make its by-
laws."









ANTIGUA. No. 10 of 1960. Co-operative Societies (Amendment) 2


3. Paragraph (1) of subsection (2) of section
53 of the Principal Ordinance is hereby amended by
deleting the words ", and for the nomination of a
person to whom such interest may be paid or
transferred."


I. G. TURBOTT,
President.

Passed the Legislative Council this 24th day
of October, 1960.


F. A. CLARKE,
Clerk of the Council.
































Printed at the Government Printing Office Antiaiua, Leeward Islands.
by EAB, PIoTrr. Crovernm. nt Priiter --iy Authority.
1960.


Amendment
of section 53
of the
Principal
Ordinance.


[ Pri'-, 7 cents]


A. 47/96-600-11.60.




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