(f' ,A) J
|1nbiisbhc bp Au tboritn.
OLr. 73.] SAINT GEORGE'S, SATURDAY, JANUARY 29, 1955. [No. 8.
PIIS Honour the Administrator, directs publica-
tion of the following Imperial Legislation
with this issue of the Gazette:-
The Supplies ald Services (Continuation) Ol der,
29th January, 1955.
r IIE following documents are circulated with and
L form part of this Gazetlt : -
S.R. & 0. No. 4.-The Livestock (Annual Census)
S.R. & 0. No. 5.-The Prices Control (Retiil)
Order, No. 1, .1955.
GEO. F. HOSTEN,
Acting Gor.CerInI7irt Secretary.
29th January, 1955.
Carriacou Relief Fund.
F IIHE following received from the Chairman
1 Carriacon Hurricane Relief Committee, is
published for general information-
M1i Committee is extremely grateful for the
gre;at 'help granted to IRelief from outside; and in
s;ryii many thanks to all, we would like to
I'menti:n the name of Miss Pansy Rowley who was
determinedd and spared no effort that we should
have a fair supply of gifts of clothing, etc.
The people are all thankful to those wlho. gave to
their cause in this section, for it served as a balm to
the distressed until help could be given for houses.
Mr. R.. J.Ross also gave of his valuable time in
this respect and in the collection of a handsome
amount of money.
In the main collection towards the houses we
remember gratefully Tihe oyal Bank of Canada,
Barclay's Bank, Lago Oil and Transport Company,
Aruba, Curacaosche Petroleum Industrie Maat-
sciappij, Curacao, the other Carriacouans in
Aruba, and the St. John's Ambulance Association.
To sum up, we express heartfelt gratitude to all
who subscribed to the fund.
Government Office, "
22nd January, 1955.
riFO remove any doubt that may remain, it is
1 notified for general information that the
Traffic Control Arrangements for the Royal Visit
apply only tj VEHICULAR traffic and not to
Thi latter are kindly requested to keep to the
footpaths where these are available and where they
do not exist, pedestrians who wish to line the
routes are asked not to encroach on the roadway
beyond the cordon of police on duty along these
J. B. G. AUSTIN, Lt. Col.,
Chief of Police.
28th January, 1955.
3 s .o.
34 GOVERNMENT GAZETTE, JANUARY 29, 1955.-(No. 8).
AID TO PIONEER INDUSTRIES ORDINANCE, 1952.
IN pursuance of the requirements of section 3 (2) (a.) i the Aid to Pioneer Industries Ordinance,
1952, it is heieby notified for general information that the Governor in Council proposes to make
the undermentioned Order under section 3 of the said Ordinance. Any person who objects to the
making of such Order shall give notice in writing of his objection and of ,he grounds on which he
relies in support thereof to the Cleik of the Executive Council on or before ihe 7th day of February,
V. AU(GUSTUS ALLEYNE.
Ac.tinU Clerk of the Execcltive Council.
1955 Aid to Fioneer Ind(stries SRO.
STATUTORY RULES AND ORDERS NO. OF 1955.
Order made by the Governor in Council under section 3 (1) of the Aid to Pioneer Industries
1. Short title. This Order may be cited as the
AID TQ PIONEER INDUSTRIES .MANUFACTURE OF STRAW PRO-
DUCTS) ORDER, 1955.
2. Declaration of P;oneer Industry. The manufacture of Straw Products is horeby declared to
he a pioneer industry for the purposes of the Aid to Pioneer industries Ordinance, 1952, and locally
manufactured Straw Products are hereby declared to be pioneer products for the said purposes.
Made by the Governor in Council this day of 195.
Clerk of the Executice .Council.
Course in Dental Mechanics t NOTICE
for Colonial Students.
Admission to Inns of Court.
TH ME attention of intending applicants to the
1 T is hereby notified for general information that Inns of Court is hereby drawn to Consolidated
it is proposed that a full-time course of train- Regulation No. 3, a section of which reads :
in inn Dehtal Mechanics should be introduced by No person shall be admitted as a student
lthe Borough Polytechnic, London, in September, while engaged in any gainful occupation which
I 955, provided that a sufficient number of students in the opinion of the Ma:sters of the Bench of
is forthcoming. the Inn to which he seeks admission is incom-
The course proposed would cover a period of two patible with the position of a student seeking
years and lead to the Intermediate examination of Call to the Bar".
the City and Guilds of London Institute. This 2. It is required that all persons gainfully
qualification will enable a student to practice as a employed must, when making application for
secdnd-class Technician on return to his own admission, set out the nature of and the duties
.ontry. involved in -uch occupation and whether or not
Each student would be askel to sign a statement such applicants intend to relinquish the gainful
that he will return to his own country on comple- occupation if the application is approved.
Sion of the training. This statement should be Goenent eants ae within the e
submitted with his papers. 3. Government Servants are within thle regula-
ubimitted with his papers. tion and are so even when on study-leave, whelier
Intending candidates should apply to the Gov- ion and so even w ce n o y-of scholash
rnment Office for details in connexion wit the paid or unpaia, or in reccipt of scholarship
ArTinent Office for details in counexion with the allowances.
scope of work, training, etc.
Government Office, I Government Office,
Grenada, B.W.I. Grenada,
17th January, 195. 12th January, 15-5.
GOVERNMENT GAZETTE, JANUARY 29, 155.--(No. 8).
Importation from Dollar Areas.
P1iPPLI3ATTONS for Licences to import C(otton
.1 Piece goods from the U.S.A. and Canada,
and Rayons, Plastics and other articles covered by
the Token Imports Schem,, U.S.A., should be sub-
mitted to this office by 31st Jao.Tr, i /, 79:.;.
As regards the Canadian Token Imports Scheme,
which allows the importation of the same articles
as in the U.S.A. Scheme, the grant of Import
Licences (local) is authorized by Export Licences
(SCRIP) issued hy the Department of Trade and
Lommclrce, Ottawa, Canada.
WILLIAM G. DONELAN,
Competent Ai thor itu (ActinU).
15tll January, !955j.
Statement of Currency Notes Circulation
in the British Caribbean Territories
(Eastern Group) on 1st January,
during November:-B Iritish
Caribbeon: CUnrrency Notes ... -49,8S7,214.00
Governincnt Currency NX.i-s 22.214.171.1242.00
r;itish Caribbean Currency Notes:
Trinidad & ''ol,: ago (inelud-
ing Montserrat) ... .:
Britilsh (;uiana ...
St. Vincent ...
St. Lucia ...
St. Kitrs ...
Total l ritis!h C(aribbean
Currency Notes: ...
Trin'id:ad & 'I'Toago
N (.e Circiat ion ...
Brit ish Guianca (Govern-
nocint Note Circ.ilation
T;oti,l Government Note
WV. V. BROWNE,
.At.iiil E.ecutivc Commisstuer
1Jri:tish Caribbean, Currency Board
I''itish Caribbean Currency Board,
Post of Junior Fisheries Assistant.
i PPLICATTONS are invited for the post of
S1. Junior Fisheries assistant t in the Fisheries
Branch of the Department of Agriculture, Grenada,
B. W. I.
2. The post, which is non-pensionable, and
tenable dt1l ing the currency of the Fishery Scheme,
carries a salary se-le of *1,032 x $60--() 1,152 x
.72-t81,368 and a transport allowance (f S;360 per
annum. The holder ol the post will be expected
to operate a motor cycle.
3. The duties of the post will involve the
assistance of the Fisheries officer in routine work
such as the collection and collntion of statistics,
collection and accounting f-;- instalments on loans
t3 fishermen, the keeping of records, accounts,
inventories etc. in connexion with the Fisheries
Scheme, and maintenance of oats, engines, and
gear. His duties will reqluie frequent trips to sea
in the government fishing boats.
(1) Applicants should bI in possession of a
School (Certificate and should siate in their zippllha-
tions the following information :
(b) Schools attended and certificates obtained.
(c) Pre.sent and past employment.
(d) Emnlumt:nts ot posi, in which at present
or last e!ip!oyed.
(E') Experience in work of similar kind to that
required in the poit advcrtis--d.
(f) Marital Status and number of children if
Applications not coiateilning this information will
not !-e c considered.
5. Applicants shouIld a-so farnish testimonials
(which will not be returned) certified as true copies
by a J.P., Minister of Religion or Head of Depart-
6. Applications should be addressed to the
Secretary, Public Service Commission, Govern-
ment Office, St. George's and should reach him
not later than J31.'s JamutL.r, 19!5.
Vacancy for Assistant Attorney General,
iPPLICATIONS are invited for the post of
SAssistant Attorney General, British lHonduras,
which will fall vacant al-out the middle of 1955.
2. The duties of this post are:-
(1) To prosecute for the Crown in the C urts
;of the Collny and to ;!ppear i1; tl eC Govern-
mient in civil proceed ings;
(2) To act as hleal a viser to Government, as
directed by the Attorney General ;
(3) To draft or assist in drafting the laws of
(1) To performm any other duty and lender any
further assistance to the Attorney General
as may be directed.
3. The iqualifications 1 quired ara tlhe of a
BParrister-at-Lafw with at leas. lo-.r years' practical
4. The post is on the permanent and pcn-ionable
establishments and carriers ;:. alarv in the scale of
$3.120 x 120-3,600 x 15(0-3,900 F.B. $4 fI05i x
15'l-1,200. ($4 B.H.= 1 Sterling) The point
GGOVEIEN-M;N GAZETTEy~rrf JANUARY 29, i1355.-(No. S..
of entry to the scale will depend on the qualifica-
tiois and experience of the successful candidate.
5. Except in the.case of officers confirmed in
their appointments with other Governments, the
appointment will be on probation for two years in
the first instance. The successful candidate will
be required to produce a medical certificate of
ftnen-s, and will be subject to Colonial Regulations
an1! to local General Orders.
G. Free passages will be provided on first appoint-
mnllt and on leave for the officer and his family,
not exceeding four persons in all. Leave with full
shlaryv is at the rate of live days for each completed
month of residents service, with a maximum of 180
days. The length of a tour is 2 to 3 years. Free
passages on leave are provided for the officer and
his wife, subject to the provision of funds annually
1by tih Legislative Assembly. When travelling on
duty a subsistence allowance of $2.50 a day for
the first six days, $2.00 a day after thi first six
days, and S1.75 a day after the first thirty days, is
7. Free quarters are not provided. But, if Gov-
ernment quarters are allocated to the officer, rental
is payable at the rate of 7m% of salary and the
basic heavy furniture is provided at an annual
rental of 6% of its total value.
8. Income Tax is payable in accordance with
9. Applications, containing full particulars, should
be addressed to the Colonial Secretary, Belize
British Honduras, to reach him as soon as possible
and in any event not later than the 28th February,
T is proposed to provide three posts of Field
Inspector in the Processed Foods Division of
the Ministry of Trade and Industry, Government
of Jamaica, B.W.I., as from the 1st of April, 1955,
and applications for appointment thereto are invited
from suitably qualified candidates.
2. The post of Field Inspector carries salary in
the scale 620-25-770-25-920, and appointment
thereto will be on three years probation and subject
to the General Orders and Colonial Regulations in
force from time to time. A housing allowance is
payable to male married officers at the rate of 10%
of salary provided certain eligibility requirements
are met. In addition a temporary additional
allowance will be paid at prescribed rates.
The emoluments attaching to the post are subject
to change in the light of the report of the Working
Party which is now undertaking a review of the
salaries of the posts in the Public Service.
3. Applicants should hold at least one of the
following qualifications :-
(a) a degree in Chemistry
(b) a degree in the Biological Sciences.
(c) Associate Membership of the Rcyal Insti-
tute of Chemistry.
4. It is desirable that applicants should have
previous experience in the enforcement of legal
provisions relating lo canned foods, jams, jellies
and preserves and/or practical experience in their
manufacture. The successful candidates may be
required to undertake a preliminary period of train-
ing before assuming their duties.
5. The duties of the 1,ost involve the inspecti'-i
of establishments whtero Processed Fecds ;re
maiuffactured or stored lor expert and all Proce--.l
L'n ds prepared for export according to tlhe terms
and conditions of the relevant l, Lmws and R-egula
Applications in wril.ing should be r.d'ressed to
the Colonial Secretary, Jamaica, Estahlishment.-
Branch, and should reacli that office not later than
the .*th/ of 1Fernu(tri, 193.7.
(Sgd.) C. M. DIVERELL,
12th January, 195-i.
In the Supreme Court of the Windward
Islands and Leeward Islands.
Suit No. 188 of 1i93.
CLIFFOIR LIOi. .1, JULIEN
AND) OTHiIEfS f
BY Order dated the Z7th day qf June, 19.1,
there will he offered for sale at this ,.i.. ut
F'ridami, llth Fehruari/. 1956, at unop All t ha, lot
of land containing Sixieen Hundred Square Feet
with building thereof situate at Grenville, St.
Andrew's Grenada and bounded as described :.
plan marked "J" annexed to an Indenture dated
the Fourth October, 1951 between Charles Louis
de Gale and others and the Defendant Juliei and
recorded P7X page 92.
The sale is subject to the usual conditions of
sale a copy of which can be seen at this office
and to the reduced reserve price of $4,133.4:i.
In the Supreme Court of the Windward
Islands and Leeward Islands.
STOTICE is herehy given that a Session of the
S Supreme Court of the Windward Islands and
Leeward Islands at Grenada, in its Criminal
Jurisdiction, will be h;ld at the Court House, in
the town of St. Georgo, on 'I'hiirlday thie 10th da(.
of 1Februarl(, 1955., at 9.:30 o'clhek in the forenoon,
when and where all concerned and bound over to.
prosecute or to give evidence or summoned as
Jurors or Wil neses are required to give tileic
personal attendance, and all Oflic:' s who have
taken Inquisitions, Depositionts, Examinations,
Recognizances or other papers cognizable by tihe
Court are required to return the same without
delay to this office.
l)ated this day of January, J 193.
(Sgd.) GORDON RENWICK,
Actil' tlegistrar, Supreme Court.
cOlE:;lNMENIT GAZETTE JANUARY 29,' 155.---(No. 8).
TRAFFIC CONTROL ARRANGEMENTS ROYAL VISIT 6TH AND 7TH FEBRUARY, 1F55
DY virtue of the powers vested in me by Section 79 of the Motor Vehicles and iRoad
Traffic Ordinance, 1938, I direct the following measures for the regulation of
Traffic on the 6th and 7th days of February, 1955.
1. Parking of cars will NOT be permitted in the following streets or area from
9.30 a.m. to 11.30 p.m. each day.
(i) Lucas Street
(ii) Lowthers Lane
(iii) Scott Street
(iv) Treasury Wharf
(v) Carenage between the Lime Factory and tlhe Electricity Department
(vi) Tanteen Roval be~ cen the Horticultural Gardens and the IElectrici'y Di.;rtien:e
(vii) Young Street front : junction of Scott Street to tihe Carenage
(viii) Woolwicli Roari.
SUNDAY, 6TH FEBRUARY, 1955
2.-(a) No Parking will be permitted on the following Streets etc.. from
9.30 a.m. to 1.00 p.m.
(i) Sinnnonds Alley
(ii) Granby Street
(iii) Halifax Street
(iv) Melville Street
(v) '.'cmrpe Rooi
(vi) River Road
(vii) Church Street.
(b) No Parking on Tyrrell Street from ..)30 a.m. to 11.30 a.m.
3. The following roads will be closed as under to all Traffic.
Name of road, etc.
Carenage from Theatre to Electricity Department...
Tyrrell Street ...
Tanteen Road to Lowthcrs Lane ...
All roads converging on Government House Upper.
St. Paul's Road to LajBorie Road ..
White Gun and Richinond Hill ...
River Road and all entrances thereto ...
Melville Street and entrances thereto .
Granby Street ...
Halifax Street ...
Church Street ...
All entrances to Lucas Sreet ...
(xiv) That portion of Lucas Street between the two
Government Hou.e Gates
9.30 a.m. to 11.30 a
9.30 a.m. to 11.30 a.m.
9.30 a.m. to 11.30 a.m.
9.30 a.r to 12 noon
9.30 a.m. to 12.30 p.m.
10 30 a.m. to 12.30 p.m.
5.00 p.m. to 6.00 p.m.
7.30 p.m. to 8.15 p.m.
10.30 p.m. to 11.30 p.m.
3.00 p.m. to 5.45 p.m.
MONDAY, 7TH FEBRUARY, 1955.
1. No Parking will be permitted on the following Streets etc. as under:-
A 'wr' of road. etc.
Matthew Strceet to' entrance of Scndall Tunnl ...
Melville Stre ...
Granby Street ...
Chuich Street ...
Morne Jaloux Road from White Gun Corner to
Woburn Postal Station
Wobun Road ...
Springs Road ...
Belmont Road from junction of Springs Road to
Lowthers I-ane ...
9.30 a.m. to 10.45 a.1m.
9.30 am. to 12.30 p.m.
88 GOVEI-NMENT GAZETTE.: JANUARY 29, 3955.-(No- 8.)
2. The following roads will be closed to all Tratfic as under :
(i) Treasury Wharf ... .30 a.m. to 10.45 a.m.
(ii) Monkton and Matthew Streeit ... ditto
(iii) -I elville Street an d all cntiatices thereto ... i a. a.m to: l, noon.
(iv) Granby Street ... ditto
(v) Halifax Street ... Iitto
(vi) Church Street ... ditto
(vii) Lucas Street ... 9.0 a.m. to 12.15 p.m.
(viii) Mot'ne .Taloux Road (from White Gun) to Woburn
Postal Station ... 9.3( a.m. to 12.30 p.m.
(ix) Woburn Road ... ditto
(x) Springs Road ... ditto
(xi) Belmont Road at Springs Road ;ind Lowthers
Land ... ditto
(xi) (a) Scotl Street ... ditto
(xii) Lowthers Lane ... 9.30 a.m. to 12.30 p.n
(Can engage from Thlitre to Electricity Department...
Belmont Road to Lowtliers Lane
All r~.ads converging on Upper Gate to Gov-
ernment House ...
That portion of Lucas Street between the two
Government House Gates
7.00 p.m. to 8.0) p.m.
10.:) 1p.m. to 11.30 p.m.
9.00 p.m to 11.30 p.m.
SUNDAY, 6TH FEBRUARY, 1955,
The car park for all attending the Garden party will be situated between the
two gates of Government House on Lucas Street.
MONDAY 7TH FEBRUARY, 1955.
QUEEN'S PARK RALLY
(a) Traffic for Queen's Park arriving after 9.00 a.m. by the Western road will
enter Queen's Park at the northern end of Emboucherie road and will park in their
allotted places to the East of the Race Track.
(b) Traffic for Queen's Park arriving after 9.30 a.m. by the Eastern road will
be diverted down Tempe Road d nd wil enter the Park via Wooden Bridge on River
Road and park East of the Race Track. Traffic from Beauliou and Grand Ettng
will similarly enter the Park by this route.
(c) No Traffic will enter Queen's Park after 10.00 a.m.
(d) The car park for all attending the Reception will be situated -between the
two gates of Government House on Lucas Street.
J. B. G. AUSTIN.
Chief of Police, Lt. Col.
20th January, 19'7.
Liquor Dealers' Licences Ordinance Chapter 123 and Sale of Produce Ordinance,
No. 24 of 1954.
\OTICE is hereby givwn that the undersigned Magistratheof the Wastern District has appointed
I~Fridal y // ,'it i ida of IMarch I.xt tt ) o'clock in the forenoon at the Court House in tlhe Town of
i; Iyave is tlihe dzay, 4mour and place at which a, Session will be held for granting Certificates for the
issue or renewal of licences in the Parish of S-;. John, for the remaining portion of the year 1955, in
pursuance of tlie IroviicOns ,of the Liquor Licences Ordinance, Chapter 123 : and a the same timu and
p!;ce a Sessioi will b' held also li, thle planting of Licences as Dealers in Licensable Produce in the
Parishes of St. -Mark's and St. John's, in pursuance of the Sale of Produ('e Ordinance, N". 24 oi 1954.
A.l application for such Licences must be snt in to the Magistrate in writing on cr l)foreo the
:/.1i. day of Fe'1i miry 19o5.
W. L. MACINTYIRE,
,,'/i.itrate, V'c.slern District.
The Magistrate's Uffice,
17th January, 1955.
GOVERNMENT GAZETTE, JANUARY 29, 1955.-(No. 8). 39
IN THE WEST INDIAN COURT OF APPEAL
An Appeal from the Supreme Court of the Windward Islands and Leeward Islands
No. 1 of 1954.
CECIL A. LoWE N'vinati'-AppeIllant
RALPH IEWIs Defrendant-lrespondeLnt
l.cfore: M.ATIIIEU-P.I:lEZ, (.,. Trinidad & Tobago
COLLYMORE, C..J. Barbados
JACiKSON. C..T. Windward Islands and Leeward Islands.
F. AM. HENRY and DENIS HENRY for Appellant
H. E L.IIOTEN for Respondent
January 20, 21, 25.
rliHIS is an appeal from lhe judgment of Henville, Acting, Puisne Juidge, wherein he dismissed the
1 claim of Cecil Alexa:.ndetr Lowe the Plaintiff-Appellant for damages for trespass to land at
27 Grenvillo Street, St. George's, and for in injunction against Ralph Lowis the Defendant-Respondont.
The history of the (devolution of this property provides the foundation for the main issues in
this case. In a deed datoi the 20th Felrua, ry, 1928, made he\\ eon Millred (Christian'm Donald of
Gronville Street, St. George's, the w-ife of Frederick D)onairl (hreinraftier called the Grantor) of the
one part and one Mcslyn Donald (hereinafter called the Grantee) of the other part whereby this
parcel of land was conveyed to Moslyn Donald in fee simple there appears a recital which in part
read; WHIEREAS Edward Albert Oliver late of the town of Saint George in the island of Grenada,
died on tlhe day of and by his will dated the Sixteenth day of February, one
thousand eight hundred and sixty-seven, left the hereditaments hereinafter described an I intended
to he Ioreby conveyed (hereinafter called the said hereditaments") to Joseph Thomas Nathaniel
Oliver iud Albert Oliver (hereinafter called the said beneficiaries) AND WHEREAS all the said
1,neficiaries '1ied unmarried and intestate leaving the said Grantor one of the heiress-at-law of the
said Edward A\lert Oliver AND WHEREAS the said Grantor since the year One thousand nine hundred
nLii seven, h]Is been in absolute and undisturbed possession of the said hereditaments in severalty and
has in pursuance of her natural love and affection for her son the said Grantee and in consideration
of the sum of ten shillings contracted to convey the said hereditaments in manner hereinafter
Tiis deed was recorded on the said 20th day of February, 1928, at 3.30 p.m. in the Registrar's
Oflieo (liber L. 3 p. 757) and ias since remained unchallenged.
AMoslyi Donald who had been living in the United States of America paid a visit to Grenada in
in tlh y(ar 1928, and at his expense had the building repaired; on his departure from the island he
appointed one Miss Nunez as his agent for collecting the rents paying the taxes and the balance
remaining to his mother Mildred Christiana Donald.
Moslyn Donald died sometime around 1937 intestate and without issue and on his death t: o
property devolved on his father Frederick Donald who survived him. Frederick Donald died on 22nd
December, 1938, having made his last will and testament, in which he appointed one Albert Oliver
Payne, a Solicitor, as his executor and devised tie property which is the subject of this suit to his
daughter Agatha Donald.
Probate of this will was not sought by the executor until after the lapso of manry yeirs despite ;a
request lo him ten years ;iter contained in a letter dated the 29th day of November, 1948, from al
solicitor on behalf of Agatha Donald and probate even then was only finally obtained in .May, 1950.
This delay on the part of the solicitcr-executor seems to us inexcusable although we are told bv counsel
for the respondent that such unumarranted dilatoriness in matters of this kind is not unknown in this
On 27th November, 19-8, Agatha DIonald executed a lease to the appellant o' the whole of the
premises known as 27 Grenville :tl.reit, for the term of three years, the appellant entered into
possession; the building was in a dilapidated state and the appellant at his own expense caused
extensive repairs to he made, to use his own wIrds, he Ir;.-cticaily rebuilt the plhae." It is significant
that these repairs were carried out with the full knowledge of Adihrt Oliver Payne, now a clailmant to
40 GOVERNME NTI GAZETTE, JANUARY 29, 19.5.-(Nc. 8.)
a moiety in thl, property, the solicitor and executor of the w-ill of Fredirick Donald, who aIllhough iie
said in this action that, he "could have made it very disagreeable for Mr. L.,vo', yet st )l by rand (dii
The lease to the appellant contained an option to purchase in the following terms:-
"That the Lessor will on the written request of the f, -ee ma:de at any time during the
said term hereby created that he desires t: purchase; the iornised premises sell the same to
the Lessee at a price to be agreed upon between the Lessor and the Lessee". 1y letter d.ted
the 29th day of May, !951, Agatha Donald was notified of the appellant's intention to exercise
The appellant entered into and remained in possession te lo of t whole of the promises, and
subsequently to the notification of his desire to purchase the re';onrdent entered upon the said premise-
and committed the acts of trespass alleged. Those acts were of a continuing nature and on the 20th
day of November, 195:., the appellant filed his writ in this action.
The defence to the appellant's claim was that the respondent, if he (lid commit the acts complained
of, did so under the authority of Albert Oliver Payne who claimed to bo a co-owner with his brother
Ransford Luther Payne and Agatha Donald of the premises. Albert Oliver Payno in his cvileneo
stated that I know No. 27 Grenville Street, I am tle owner of one moiety and in my representative
capacity I am possessed of a quarter and my brother Ransford Payne of the other quarter".
In August 1953, more than one year after the appellant had given notice cf his intention to
exercise the option to purchase an order for enquiries was made by a Judge in a partition suit in which
Albert Oliver Payne and his brother Ransford Luther Payn were the applicants and Agatha, Donald
the respondent, the property in question being theo s-ame 27 Grenville Street-. The R-gistrar's report
is (dated the 30th day of November, 1!053, and the order of the Court in pursuance thereof dated the
5th April, 1954, was made by the same Judge whose judgment is now under review.
Furthermore prior t3 the institution of the partition suit certain corie-pondenc- which in our
view has an important bearing on the issues involveo1 took place. \We thercr,'e set these letters out.
It will be seen that the first of these is an reply to letter dated the 29th Mty, 1951, in which the
appellant as stated above indicated his desire to purchase the pr'.perty.
31st, May, 1951,
F. M. Henry, Esq.,
I beg to acknowledge receipt ef your letter of recent date, re-yur client, Mr. Lowe, ani
the premises at Grenville Street, in the town demised to him on a ter:r of lease which has. expired.
In reply I beg to state that I gave no undertaking to your client, that at the expiration of his
term of lease I would sell over the premises to him. All I do remember stating in this connection was
that in the event of my deciding to part with the premises, the first option to purchase wo.ltd be given
him, provided that we agree on the price fixed for the purchase of same ; and which I still maintain.
In conclusion I beg to state for your information that I have not yet decided to be disposed of the
The next lotter exhibited from Agatha Donald is dated the 16th February, 1952.
1ith February, 1952.
F. M. Henry, Esq.,
In reply to ycur letter dated 5th January intimating me that your client \Mr. Lowe
desires to purchase the premises in Grenville Street which he now occupies of me as a monthly tenant,
I beg to state for your client information'that I have decid to sell t ie premises and that my price for
same is fixed at .*,';.'.
There then followed these remarkable letters signed by Aga,,ha Donald:---
GOVE NMENT GAZETTE, JANtJARY 29, 1955.--(No. 8.) 41
... St. George's,
March :3rd, 1952.
F..M. M He'ry Esq.,.
,, St. ,.Gorge's.
Yonr letter of 21st February last to hand and contents noted. In reply I beg to state
i'o your client's information, that I am not aware that the property he now occupies of me as a tenant,
is suhjected'i aniy writ of acquisition and arbitration.
My priicefixetd .ior the property is $2,350; and lie has the option to purchase at that price should
he so desire.
.. .Sgd. Agatha Donald.
S' Grenville Street.
S- St, George's.
1st April, 1952..
-F, M. Henry, Esq.,
"-In repty to your letter requesting the submission of documents of title for meail,inatliot
re-the premier ihi'quiestion, [ beg to state that you had scrutinised them on the occasion of your"
negotiating on' behl- f of Mr. Lowe for the 3 years lease term when you suggest that the getting of
powers of administration was essential. Would not that be necessary preparatory to sale?
7th April, 1952.
C. Lowe, Esq.,
I beg to acknowledge receipt of your letter of recent date in reply to mine of 1st instant enquiring
into the cause of your not having paid your monthly rent of the premises you now occupy of me in
Grenville Street as a monthly tenant now three months in arrears of rent. (Jan.-March).
In replyTo'i--yeniquiry, you stated inter alia-
"I did not know that a purchaser pays rent."
These were the identical words in your reply. Please be good enough as to furnish me-
with answers to the following --
(A) From whom did you purchase ?
(B) What is the date of ycur title of ownership ?
(C) By whom was this grante-i 2
(D) When was possession delivered to you as owner of the premises ?
A reply to these questions, would determine the rent issue.
These letters bear the si-,nn ture of Agatha Donald who \\as characterized in these proceedings in
the Court below-ly-brerown daughter as dotish since 1948, incapable of managing her affairs and of
appreciiti ng the nituire ind meaning of any document. Still more remarkable is the action of tihe
witness Alhb;it' OCl.. i lPa" in instituting with his brother the partition suit in which he claimed to bo
the owtnr of a moiety when he well knew, by his own admission, of the execution of the lease and the
o'.ti n:; to purclape.therein contained. In this sitting it is difficult, if not impossible to accept the
evidence: of Alet Otiver Payne when lie said at the trial 1 do not know if Lowe exercised the option
to plrgcii~ se gi'en land by Agatha. I do not read pending actions at the Registry : and especially in a
In,:e'r if this sort in which he had previously shown himself so acutely interested.
It is clear from the indenture of 1928 that at that time Mildred Christiana Donald regarded her-
sell a. the sole owner of this property: she. has been in occupation thereof since the year 1907; from
the y\ear 1928 uitiiLtji. :.ct, complained of, Agatha Donald and lier predecessors in title, Mcslyn anl
Frederick, had'ex4jbi)& d'I It fruits and benefits of the property without lot or hindrance by anyone, It
is stated by Albert Oliver Payne that this enjoyment was with the permission of himself and tho
other co-owners, yet throughout the years no steps were taken by Albert Oliver Payne or anyone else
42 GOVERNMENT GAZETTE, JANUARY 29, 1955.-(No. 8).
to challenge the authenticity of the recital in the Indenture of 1928. and throughout the whole of this
period from 1907 until the exercise by the appellant ot his optiuu to purchase no question of the
ownership of the property arose. The letters signed by Agatha Donald support the contention oF the
Sappellant that he had been put into lawful possession by her. Moreover they showed tl.,iA sie
regarded herself as the sole owner and went so far as to recognize the alppe!lat's option to purchase
and to name the ppice she wanted.
It is peculiar that her evidence at the trial is at varianrce wit-h her actions and her. letters, and in
view of this and her mental capacity as described by her own niece, to which we have already referred,
we are convinced that her material evidence in this action should never have been accepted by the
Even assuming that Albert Oliver Payne believed that there was some merit in the claim of his
brother and himself to a share in the property together with Agatha Donald, yet we consider that the
method adopted by him in bringing a partition suit at the time when he did and with a full knowledge
of the general circumstances to be highly improper.
Trespass to land consists in any unjustifiable intrusion by oie person upon land in possession of
another and is actionable at the suit of the person in possession. Possession means the occupation or
physical control of land. From the facts as we see them the appellant was in lawful possession of tle
premises at 27 Grenville Street at the time of the acts complained of which we, like the trial Judge are
satisfied did take place, and is therefore entitled to recover damages in respect of such trespass.
Even if this property was owned in individed shares by two or more co-owniers of whom Albert
Oliver Payne was one the entry of the respondent would not be justified claiming as. he does tc have
done so under the authority of Albert Oliver Payne, as the premises wero, let by a co-owner to the
appellant who went into and remained in possession with the full knowledge and acquiescence of the
said Albert Oliver Payne.
In the result the appeal is allowed and the judgment of the trial judge is reversed. The respondent
will pay to the appellant the sum of 30 :is damages and an injunction is granted to restrain t!-h
respondent, whether by himself or by his servants or by his agents or ol lerwise from continuing or
repeating any acts of trespass. The respondent will pay appellant tl: c >sts here and in the Court
(Sgd.) J. L. M. PEREZ,
Chief J tstice, TriIridad f T 7'oh, o.
(Sgd.) E. A. COLLYMORE,
Chief JJustice, Barbardos.
(Sgd.) DONALD JACKSON,
SCief ,Justice, Windwiarn' L.ldamls & Lerward I.londoI .
25th January, 1955.
Grenada Co-operative Nutmeg Association.
Current Advances for Nutmegs and Mace are as follows:
G RA DEs Advance
Green 9 Cents
Dry 13 do.
Cracked Grinders do.
Dried Whole Mace 36 do.
Dried Broken Mace 30 do.
Mace Pickings 10 do,
In increasing the advances as above, the Board has taken cognisance of a general request from
producers for a larger advance though this may result in a lesser surplus at the end of the Nutmeg
F. C. HUGHES,
Date fixed 10th January, 1954.
PB1NTED BY THE GOVERNMENT PRINTER AT THE GOVERiMENT PRINTING OFFICE.
Publications Not Available
Grenada Government Gazette
Ordinance No. 1 of 1955
Statutory Rules and Orders
No. 4-5 of 1955