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/UF00076853/00386
 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: January 24, 1963
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: VID00386
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

Full Text






ANTIGUA, MONTSE1

AND

VIRGIN ISLANDS GAZ

OPublished by cluthority.


VOL. VIII.


THURSDAY, 24TH JANUARY, 196(:.


Notices.


AID TO PIONEER INDUSTRIES.


In pursuance of the requirements of section 3
(2) (a) of the Aid to Pioneer Industries Ordinance,
1950 (No. 9 of 19)50) it is hereby notified for
general information that the Administrator in
Council proposes to make the undermentioned
Order under section 3 (1) of the said Ordinance.
Any person who objects to the making of such
Order shall give notice in writing of his objection
and of the grounds on which he relies in support
thereof to the Clerk to the Executive Council on or
before the 2nd day of February, 1963.


E. T. HENRY,
Clerk, Executive Council.


ANTIGUA.

STATUTORY RULES AND OR)RDEIS.

196 3, No.

The Aid to Pioneer Industries (Manufacture of
Wearing Apparel) Order, 1963, made by the
Administrator under section 3 (1) of the
Aid to Pioneer Industries Ordinance, 1950
(No. 9 of 1960).


Gazetted


1. SHORT TITLE. This Order may 1be cited
as the Aid to Pioneer Industries (Manufacture of
Wearing Apparel) Order, 1963.

2. I)ECLA.RA;I(!N OF AWEAIING APPAREL TO
BE A PIONEER INDUSTRY. The ulmnufacture of
Wearing Apparel is hereby declared to be a pioneer
industry for the purposes ,,i the Aid to Pioiner
Industries Ordinance, 1950, and Men's garments,
Women's garments and Children's garments are
declared to be pioneer products for the said
purposes.

Made by the Administrator acting in accord-
ance with the advice of the Executive Council
this day of 1963.

(lcrk of the Council.


NOTICE

The Public is hereby notified that
General Receipt Book containing the
numbers 801-900 has been lost from
the Control Tower at Coolidge Airport.
The last receipt issued was No. 872 on
13th January, 1963. Receipts Nos.
873 to 900 are hereby declared invalid.
Any person finding the missing re-
ceipt book is requested to deliver it to
the Operations Officer, Coolidge Air-
port or the nearest Police Station.

Ministry of Public Works
and Comm unications
22nd January, 1963.

Appointment of
Examining Officer.
It is notified for general informa-
tion that His Honour the Acting
Administrator, Antigua, has approved
the appointment of Mr. BERESFORD
CRTOK as an examining officer under
the Vehicles and Road Traffic Ordi-


32,F 7292
A C2^7^?


nance No. 5 of 1946 with effect from
17th January 1963.
E. J. BLAIZE,
Traffic Commnissioner.



NOTICE TO IMPORTERS.


Goods which have not been
removed from the Queen's Warehouse
within three months will be sold by
Public Auction at the Point Ware-
house, The Point, on Thursday 21st
February, 1963, at 2.30 p.m.

Importers who have passed warrants
on any of the items listed for sale
are asked to remove them before the
day of the sale.
Copies of the list of goods for sale
can be seen at the Queen's Warehouse,
the Bonded Warehouse at the Point
and the Customs Building.
E. O. A. PESTIANA,
Collector of Customs.


Notice Of Cotton Purchase
Notice is hereby given that the pur-
chase of Seed Cotton will begin on the
4th, 5th and 19th Fobruary, 1963, at
the following center: s and buying days
will be as stated:-
4th February St. John's
Monday to Friday
5th February Rooms
Tuesday, Wednesday
and Thursday
5th February Newfield
Tuesday, Wednesday
and Thursday
19th February Piccadilly
Tuesday & Thursday
The first payment will be at the
rate of 20o. per 11). for Cl-an White
fully matured Seed Cotton and at 04c.
per lb. for Stained Seed Cotton.
After all expenses and other charges
have been deducted from the proceeds
of the sale of the entire crop, the pro-
fits will be distributed to suppliers as
a final payment.
Peasant Development Office
21st January, 1963.


No. 5.


L __


_ __









3() THIE ANTIEIJA, MON'TSEi'TilU & VHi IUUN ISLANDS UAZE.TI] I[,


It is hereby notified for general in-
formation that the contract for the.
supply of Asphalt to the Public Works
Department for the period ending 31st
December, 1963, has been awarded to
Messer. GEORGE W. BENNETT BRY-
SON & C,.. Ltd. as follow-:-
CUT BACKS
MC 2 in Bulk 2,c<. VW.. per Int-
perial gallon
R.C. 1 in Non-returnable drums 46c
W.I. per Imperial Galloun.
EMULSIONS
Colas in Bulk 32.50c. W.I. per Im-
perial
R.S. 2 in Bulk 33. 5c. W.I) gallon
R. 8. 2 in M1on-returnabl, drnms
33.5c. W.I. per Imperial Gailon.
Ministry of Public Works
and Conmmunicniations
Ref. No. A. 51/12.

INCOME TAX NOTICE.

The Income Tax Ordinance
No. 18 of 1957.

Public Officers and Pensioners.
Any public officer or pensioner
liable t,, pay income iax whose
inc-i..- including that of his wife
consists solely of his and/or her
emoluinents as a public officer or
paninner or other allowance from
public funds shall deliver a true and
correct return of his whole income to
the Comnmissioner not later than the
31st day of January, 1963.
(Section 81 and S.R. & 0., 1946,
No. 13)
Other Persons.
Every person (including a com-
pany) liable to pay income tax shall
deliver a true and correct return of
his vhilt i:icome tnnt hiter than the
31st d(ay ,i .March, 19'i:.

(SecLimM 81 and S.L,. & 0., 19416,
No. 13)

Agents: Trustees: Etc.
Any pelrs',in having the direction,
control or im.nari.en't of any
property or csouieili, ,r beii ini
receipt of income, on b,'al f of any
person, whether re.i:-ent or non-
residew, a aa 'torre factor, ag lit,
trustee, curator or colnl.liteu slu l] I
mal, :lnd i0!livvcr t') tile Comlllis-
sionwr a return in -r-ipect of -iicl
prolert :. concern or ilncomle I. 1 ( V!
than ti. 31st (lay o'f March, 1:(;3.
(Sectioi,. 29 and 30)
All -illoyers (Qncinuling Heads of
Gov-'ri -o-n T)|ptartl;]c iits. Bu.illing
(Coltirr:o;rs, M,,'rci na ts,. ,l'!;te Pro-
prietorn. StI:r ,-lihip -\g nI s. St. ve-
dores) an.- i' h rly re(loireld tb, 'itriishi
the Incnne 'l'at Comnissioll:.'r with
lists showing n;rine, alih-ress anl total
remuneration of (a) their office staff
(b) all other employees (including
laborers, drivers of M.tor Vehicles,
Suppliers of transport services ind
sub-contractors) whose th I:1 reinmne-


ration for the yoar 1962 exceed Five
hundred and forty dollars.
Section 50 (2) (a & h).

General.
Anyi person nr-y he considered to
b. '" liable to pay incinme tax if his
inclIel: from all Iollrcos exceeds Five
huni reil ia ld f t.y l)olhlI-s.
All claims !(r deduction from
incomei t::x must lhe substantiated by
thl production of receipts or other
bona fide evidence.

Penalties.
Any person liable to pay income
tax who fails to make or deliver a
return within the prescribed period
shall be guilty (f an offence against
this Ordinance and shall he liable on
conviction to a penalty not exceeding
Fivet hundred dollars, and in default
of payment to imprisonment with or
without hard labour for a term not
exceeding six months.
Any person who miak s or delivers
a false return or ket'ps or prepares
anly lalso aciouints or particulars
c).i earning any income on which tax
ir; payabl)e shall bI, guilty of an
oll'ence anid shall be liable on
convic:iin to a tiie not exceeding
Two thousand live hundred dollars,
or to imprisonment with or without
hard labour for a term not exceeding
six months.
(Section 74)
H. A. MURDOCH,
Ag. Commissioner of Income Tax.
Antigua.
7th January, 1963.

In the British Caribbean Court
of Appeal.

Appellate Jurisdiction.
PUtRSUANT TO ORDER 1 Rule 4
(1) of the Fedenrl Si.prlnm Court
(Appool) Rules, No. 1; of 1958 and
the British Caribe- Co (;t of
Appeal Order in Council 1962, the
President of tile British Caribbean
Court of Al!pe;,l has arranged a
general sitting of the British Carib-
1) mn Cmrit of A: lpeal in ten Colony
o;' An igilla. to e- n.lllll -' e on Th' llrs-
l.iy Ii.- 31st .Ja-in. ry. 1963,. at the
hour of 1 0.00 o'clock in the forenoon.
ALL pr ]lisons (n,.I .'1rnlid( are nerebyl
n., ilied to gov.rn. rheimnselv, r acceerd-
i!,ly.
I)nted this llth diay (f Jannaiy,
1963.
Ily Ord'ir,
O. W. JACK,
7ep'uty R'eqitrar,
Br, Caribbean Court of Appeal
A i tigia.

RAINFALL FIGURES

Ag-rioultural Department.
An tigua.
Month. 1959 19f0 19!1 1iWf2 193fi
To Jan. lIth 1.5; 3.01 1.)4 .,.78 4.02


'RA1\De MARKS OFFIF E.
MON'TSRRA', 31st Dec., 1962.

OAVALLA LIMITED of 26 Hill
Street, St. Helier, Jersey, Channel
Islands has applied for Registration
of one radioi Mark consisting of the
following:..










C VR AL R

in Class 45, that is to say, tobacco,
whether ian;iiiifacitireld ir unnanu-
factured.
The applicants claim thai there has
been no uiise if ; he said 'I'rale Mark
in res ,,et of thli said go.'ud in the
Leeward Islan-Is prior to tli date of
this A:,plic;tii-n.
Any perso:in nmay within tlhr-e
months frI.m t l. date .I' thl first
appearatiic of this A lvertist ment in
the Ainliga, lMonlserrat. and I'ir-
gin Isliands Gaz-et!e, giv.- notice in
duplicate at. tlh Tl';ade M.l.ks Office,
Monits.rrat, of Oilositioi f the said
Trade Mairk.
Fl. A LEX 13|1SSON,
I/*,',/'4t."a o/ Tra.de .MlrkY..

TRADE MAARKS OFFICE,
MONTRRRRAT, 5th January, 1963.
ROTMANS OF PALL MALL
EXPORT LIMITED of G4a Pall
Mall, London, S.W.1. England, have
applied for Registration of one Trade
Mark consisting of the following:-


in COllnps -I5. ri*. tobacco, whether
Inanniu!'f tued )"r unn11111I1ill'tre )".
The a:pplicaLs have inot iuseid the
said Trade Mark in the Leeward
Islands prior to the date of this ippli-
tion.
Any person' may within three
moutil:- I',im 1. iiate of thlie first
appearance o' this Advertisement in
the Ant igni, Montserrat, and Vir-
gin Islands Gazette, give notice in
duplic;ato at the Trade Murios Office,
Montserrat, of opposition of the said
Trade Mirk.
II. ALEX. BETSON.
Regihlrar of' Trade Mairks.


[Jaiiuary?.:~, 21,1963.


~glrat~~F









THE ANTIGUA, MONTSERR.IT & VIRGIN ISLANDS GAZETTE. 31


TRADE MARKS OFFICE,
ANTIGUA, 29th December, 1963.

LIGGETT & MYERS TOBACCO
COMPANY of 630 Fifth Av\nue,
New York, State of New York,
U.S.A. have applied for Registration
of one Trade Mark consisting of the
following:-




PARKWAY

in Class 45 ii respect of cigarettes.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods from May
24, 1962.

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,
Antigua, of opposition to registration
of the said Trade Mark,
O. W. JACK,
Registrar of Trade Marke.


TRADE MARKS OFFICE,
ANTIGUA 2nd January, 1963.

ROTHMANS OF PALL MALL
LIMITED of 64 a Pall Mall, London;
S.W.1 England have applied for
registration of one Trade Mark con-
sisting of the following:-








S |






in Class 45 in respect of tobacco
whether manufactured or unmanu-
factured.
The Applicants claim that they
have not used the said Trade Mark in
respect of the said goods in the
Colony before the date of their said
Application.


Any person may within three
months fram tht- 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,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK.
Registrar of Trade Marks.

TRADE MARKS OFFICE,
ANTIGUA, 2nd January, 1963.
SPEIDEL CORPORATION of 70
Ship Street, Providence, State of
Rhodel Island United Stat's of
America, have applied for l igitira-
tion of one Tr:tdd Mark con-i ting of
the following:-
TWIST 0
in Class 14 that is to say expansion
bracelets including watch bracelets.
The Applicants claim that they
have not used the said Trade Mark
in respect of the said goods in the
Colony before the date of their said
Application.
Any pIrsion may within three
months from the date of the first
appearance of this Advertis,-ment in
the Antigua, Montserrat and Vir-
gin Islands Gazette, give notice in
duplicate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK.
Registrar of Trade Marks.

TRADE MARKS OFFICE,
MONTSERRAT, 16th January, 1963.
National Biscuit Company of 425
Park Avenue, City and State of New
York, United States of America, has
applied for Registration of one Trade
Mark consisting of the following:

NABISCO
in Class 42, that is to say, substances
used as food or as ingredients in food.
The Applicants claim that they have
used the said Trade Mark in respect
of the said goods for (6) six years be-
fore the date of theirsaid Application.
Any person may within three
months from the date of the first ap-
pearance of this Ad vertisement in the
Antigua, Montserral, & Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office,
Montserrat, of opposition of the said
Trade Mark.
H. ALEX. BESSON,
Rpgii.trar of Trade Marks..


Office of Adminiistrator of
Unrepresented Estates
2nd January, 1963.

In the matter of the Unrepresented
Estates Act, Cap. 23.
and

In the matter of the Estate of DAVID
JOSEPH, deceased.


NOTICE IS HER IBY GIVEN of
the sale by public auction of one
chattel house forming a part of the
estate of the abovenamed deceased
and described in the Schedule hereto.
The sale will take place at Lot No. 6
on the All Saints' Road e(ist of the
otfices of the Central Board of Health
on Thursday 7th February, 1963 at
1.30 o'clock in the afternoon,

SCHEDULE.
One wooden tenement 16' 6" x 22'4"
covered with corrugated galvanise iron
sheets situate at Lot No. 6 on the All
Saints Road in the Parish of Saint
John.
O. W. JACK,
Administrator of Unrepresented
Estates.
Ref. No. A. 65/l2- H. H' .-II


DEPARTMENT OF AGRICULTURE
ANTIGUA


Tenders are invited for the purchase
of three (3) used agricultural tractors
as follows:-
1 TD 9 International Crawler
1 BTD 6 International Crawler
1 Mark V Fowler Crawler
2. The TD 9 and tie Mark V may
be inspected at Belvidere and the
BTD 6 at Creekside by arrangement
with the Director of Agriculture.
3. Tenders should be in sealed
envelopes marked "'Tenders for
Tractors and shoul.I be addressed to
the Administrative Secretary to the
Minister of Trade. Production and
Labour, Administrative Buiilding, to
reach him not later than 31st January,
1963.
4. The Goveriinment loes not bind
itself to accept the highest or any
tender.

Ministry of Trade, Production
and Labour,
12th December, J962


January 24, 1963.1









32 THE ANTIGUA M NT' Eli AT & VIl lN ISLANDS GAZETTE. [Jsinuary 21, 1963.

Chief Justice Chambers,
St. George's,
Grenada, W. I.
11th December, 1962.
WHEREAS I am satisfied that undue inconvenience and delay wonld be caused by constituting a Court of two
Judges under the provisions of subsection (3) of Section 10 of the Windward Islands and Leeward Islands (Courts)
Order in Council, 1959, I hereby direct that tl.h appeals from the decision of a Magistrt.t- listed in the Schedule hereto
shall be hearl and determined by a single .Julle of thl Court of Appe:tl of the Wi -i wa *I I slans and L"ewa.rd Islands.

C. G. X. HENRIQUES,
Chief Justice of the Windward Islands and Leeward Islands.
SCHEDULE


Appellant

Emanuel Joseph and Others
Edmund J. Blaize
Edmund J. Blaize
Arnold Simon


Respondent

Dr. William King
Myra Walwyn
Jim Paddock
Raphael Simon


Notice to Importers

In accordance with the Trade and Revenue Ordinance 1900, as amended Deposits which remain unclaimed
after a period of three months shall be paid into General Revenue as duty payable on goods for which deposit was
made.
The following deposits if not clainied by 31st January, 1963, shall be transferred to Revenue.


Importer.

1 Robert Smith
2 R. A. Weatherhead
3 Ash & Watson
S. R. Mendes, Ltd.
4 do
do
6 James Byam
Caribbean Beach Club
9 8. R. Mendes, Ltd.
do
11 Mohammed Dias
12 W. K. Chong
13 Tom Tannis
Caribbean Beach Club
15 do
S. R. Mends. Ltd.
16 Carribean Beach Club
17 Clarence Johnson
do
18 Barrettos Stores
Carribean Beach Club
do
20 Harpers, Ltd.
24 S. R. M,-nl-s. Ltl.
26 A. B. (. AiiiiIua. Ltd.
C. M. Govia
Jose Anjo Ltld.
E. C. Farara
27 Ash & Watson, Ltd.
Antigna Sugar Factory
29 A.l.C. Anlinua, Ltd.
31 Caribbean Beach Club


Article.

I c/s machines

I ctn glass
Light house plant
Compressor parts
2 ctn Xray equipment
6 pks furniture, etc.
1 c/s Sailboat
2 pkgs. electrodes
9 bdl. tank brackets
8 bales C. P. goods
10 pks personal effects
3 pcs. casino equip.
5 ctn plastic services
4 ctn dishes
Outting machine
Washing machines, etc.
]Pliillul rl'. go',ds
(. L fittings
15 c/s frozen butter
Copper wire, etc.
Building
1 parcel medicines
2 pks '-lectrolaes
50 i!umms asI.halt
Auto parts
6 ctns photo films
42 cyl. gas
1 concrete mixer
tyres and tubes
1 asphalt sprayer
9 pkgs ,levator equip.


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


Number

9/1962
13/1962
16/1962
17/1962


Date.
1962
Oct.


Amount.

356.00
20.00
100.00
384.37
100.00
G60.U
42.00
50.00
95.00
21.00
420.00
94.00
79.00
16.00
53.00
88.00
157.00
12o.00
112.00
59.00
229.00
194.00
31.00
40.00
189.00
24.00
192.00
68.00
400.00
560.00
77.00
1406.00

5844.37









Jainay 24, 1963.] THE ANTIGUA, MONTSPEiRAT & VIRGIN ISLANDS GAZETTE 33
FI{ADE MARKS OFFICE,
MONTSERRAT, 21st I)ecember, 1962.
CARRERAS LIMITED of Christopher Martin Road, Basildon, Essex, England, have
applied for Registration of one Trade Mark consisting of the following:



Carreras








LONG SIZE FILTER VIRAINIA


in Olass 45. that is to say, tobacco, whether manufactured or unmanufactured.
The applicants claim that there has been no use of the said Trade Mark in respect of the said
goods in the Leeward Islands prior to the date of this Application.
Any person may within three months from the date of the first appearancee of this Advertise-
ment in the Antigua, Montserrat, and Virgin islandss Gazette, give notice in duplicate at the Trade
Marks Office, XMontserrat, of opposition of the said Trade Matk.
H. ALEX. BESSON,
Registrar of Trade Marks.

IN THE WINDWARD ISLANDS AND LEEWARD ISANDS
COURT OF APPEAL
ANTIGUA CIRCUIT
No. 4 of 1962.
Between:-


LIONEL PALMER
and
EDMUND J. BLAZE
Superintendent of policee
JUDGMENT


Defendant/Appellant


Complainant Respondent


(Sep. 10 and 11, 1962)

The Honourable Mr. Justice P. C. Lewis
,, ,, Mr. Justice E. L. St. Bernard


FRAuCIS for appellant
Assistant (D. M. LAXAMBEn'T) For rspondent


This is an appeal from the decision of lti,
learned magistrate District A" against a con-
viction for stealing one drum of sweet" oil valued
at one hundred dollars.
There are three grounm s of appeal hut the sub-
stantial ground is ground ,ne which reads:-
The learned magistrate was wrong in
admitting the opinion evidence of the one
witness as to what he thought wias the reason
why a drum should be removed and that
larcenies had been committed in that particular
way."
In this case the learned magistrate found as a
fact that the appellant Palmer deliberately rolled
a drum of oil into the sea from the wharf about
2.30 p.m. on the 27th July, 1961, and that when
spoken to he denied having done all the evidence in the case. The learned magistrate


then ;.skld a witness several questions tending to
shiw h it it was the habit of people to throw goods
into the sea and then dive and take them out and
claim them as theirs. This evidence of similar
acts by other people was clearly, in our view,
inadmissible and was highly prejudicial as it tended
to show that the appellant knew those things and
that his intention in rolling the drum into the sea
was to steal it. We are unable to determine how
much this evidence weighed with the learned
mnagistrate and in our opinion, it would be unsafe
to convict.
We accordingly allow the appeal and the con-
viction of the learned magistrate is set aside. There
will be no order as to costs.
P. C. LEWIS,


E. L. ST. BERNARD,


Before:


C. E.
Legal









34 THE ANTGUA -11 C) N'TS F. 0 0' &V Tl1 IN I L*NDS (,A ZET f 11 [JaruLr7 24. 1963
IN TI-IE WiNDW DV A l)ISLANDS AND) 1liIEWAHD ISLANDS
COU10T (OF APPI EAL


No. 8 of 1961.


ANTIGUA ,11ROU.iT


[OSALINI) NISBETIT


/' lndt'n ria 1/ Ij)/ie/I4n1Irl


(.oip~~ia n// Res/)()l.,de/i /


JUDGMENT
(7th September 1962)

The Honourable Mr. Justice P. C. Lewis
,, Mr. Justice E. L. St. Bernard


C. A. HARNEY for appellant.

C. E. FRANCIS for respondent.
ThiL is an appeal from a Basttrd (Orde'r
made by the learned additional imaDitrte. District
" E" against the appellant Pyke ',n the 21st dita of
February, 1961.
The ground of appeal wan that thl( d cision,
was erroneous in point of law ii that th there was io
corroborative evidence of any material p-irticular ItY
the other evidence a prescribed by section 134 of
the Magistrate Code of Procedure Act, Cap. (; of
the Federal Acts of the Leeward [slan1u (Revised
Edition) 1927.
At th:' close of the complin.inant's ca;, in :hec
Coun'r below counsel for appellant snbinitted, there
was no corroboration as required by law and closed
his case on that submission.
It was argued in this Court on behalf of the
complainant-respondent that the refusal of the
defAedant-appellant to give evidence on his behalf
was in itself corroboration. In our opinion this
contention is not sound in law and we therefore
reject it.
The learned magistrate in his reasons for
judgment stated as foll ws:-
Corroboration was in my opinion,
provided not necessarily by the existence
of opportunity for intercourse but by hib
behaviour of the defendant in going outside
the room when challenged by the father and
by the evidence (which I accepted) that on


thi i occasionn tite defendant's wife taxed him
wirth iadvtaiging the complainant."
'The evidence discloses that when appellant
.' ia accused in the presence of his wife tind the
i'fwhr of the coimplainiaut of having had intercourse
wiri the complainant his wife taxed him with
'avinta; ingl' th ec mniplainant he said it was not
he and then went. outside.
in :lls cieas-, tiere \\n, evidence o( opportunity
oii t that uippoitiaLy \\,s provided by the nature
of the employment of the complainant and that
by itself is not corroboration. Therefore the court
must look for some independent testimony. In our
opinion there is no such testimnoi)y and though in
somen cases the conduct of a person charged with
having committed an offence may amount to
corroboration vet in this case w find nothing
amounting to corroboration by the appellant in his
saying it was not he and going outside when
charged with having committed sexual intercourse
with the complaiiin::t.
In our view there was no corroboration as
required by law and the appeal m ust be allowed.
The appeal is allowed and the order of the learned
magistrate is set aside.
There will be no order as to costs.
P. C. LEWIS,

E. L. ST. BERNARD,


Printed at the Government Printili OIRice. Antiui'ali Leeward Islatnd;.
\ ;I:,OBEiRT LINIDSAY, Acting Governm'ent Printer,-By Authority
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