Group Title: Government gazette, Grenada
Title: Government gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076858/00168
 Material Information
Title: Government gazette
Physical Description: v. : ; 34 cm.
Language: English
Creator: Grenada
Publisher: Govt. Print. Off.
Govt. Print. Off.
Place of Publication: St George's Grenada
Publication Date: May 14, 1955
Frequency: weekly
regular
 Subjects
Subject: Politics and government -- Grenada   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
periodical   ( marcgt )
Spatial Coverage: Grenada
 Notes
Dates or Sequential Designation: v. 1- 1883-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076858
Volume ID: VID00168
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 - ABP7269
oclc - 01508738
alephbibnum - 000271428

Full Text





















GRENADA.


Government Gazette.


9nb istrhi h b4 .nthoritr.


SAINT GEORGE'S, SATURDAY, MAY 14, 1955: [No. 30.


*1


GOVERNMENT, NOTICES.

r : , "..* ''

TiIE fallowing documenut~a ciic ulat ed with, an,
S.form part of this G(asett~ .
S.R.'& 0. No. 20.-The Medical Officis (A~ihcl-
ment) Rules, 195l5.
S.R. & O. No. 21.-Th4e Sale -.f Prodtwue (4oelling
Days) Order, 1955.
S.R. &O. No. 22.-The Bank Holiday T'rclarna-
tion, 1955.

By Command,

*GO. F. F ROSTEN,
A'cting Govern mnin Secretary.
Government Office,
14tlh May, 1955.



EDUCATION NOTICE.

Introduction Courses for Colonial
Students in the United Kingdom.


OR- some years now the British Council has
arranged for Courses for Colonial Students
arriving in the United Kingdom for the purpose of
introducing them to and preparing them for the
difficulties in that country.
These courses, which are held in August-
September of each year, have been proving most
useful, and it is proposed to enlarge them consider-
ably in 1955. The courses will commence on
27th August and continue till 1st October, each


course taking three or four days. They will he
held in various centres throughout the United
Kingdom, so -that a student can expect to take a
course near to where he will eventually be studying.
There is a registration foe of 5/- and the student
will need roughly 10/- for bu- aLres for the visits
which are pic of every course. Beyond this it
\vwil 4ut a student .no-.more than the normal transit
accommodation lie will have to pay it any: case..
Every Student preparing to ent.r the United
Kingdom for study during the next academic year
is advised to apyly to the British Council, Wake-
filldi", Bridgetown, Barbados, for an Application
Form and a Prospectus. The Application Form is
to be returned, duly filled in, through the Educa-
tion Department. Grenada, not later than 15th
Junme, 1955.



DEPARTMENTAL NOTICES.


POST OFFICE.


T is hereby notified for general information that
the 12 cents Air Letter Form with the Queen's
Royal Portrait will be placed on sale at Post Office
Counters on Tuesday the 70th May, 1955.
The 7 cents Queen's Royal Portrait Postage
Stamps will also be placed on sale at Post Office
Counters on Monday, 6th, June, 1955.

F. R. PHILLIP,
Colonial Postmaster.


General Post Office,
Grenada,
27th April, 1955.


CF-21Z


VOL. 78.]


i












GOVERNMENT GAZETTE, MAY 14, 1955.-(No. 30).


POST OFFICE.

APPOINTMENT.

Licensed Stamp Vendor.

MR. L. FRANCIS, Halifax Street, St. George's,
vice Miss G. BLACKETT, with effect from
5th May, 1955.

By Command,

F. R. PH1LLIP,
Colonial postmaster.
General Post Office,
St. Georges,'
5th May, 19)55.).


IT is hereby notified for general information that
as from the 1st day of October, 1955. the use
of stamps issued in October, 1949, to commemo-
rate the 75th Anniversary of the Universal Postal
Union shall be invalid for postal purposes.
Notwitstanding anything in the Post Office
(Obsolete Stamps) Regulations, 1955, any stamps
hereby invalidated may be exchanged on presenta-
tion at the General Post Office, Grenada, at any
time before the 31st day of December, 1955.

By Command,

F. R. PHILIAP,
Colonial Postaaster.
General Post Office,
Grenada,
4th May, 1956.
M.P. 91.


NOTICE.

Cambridge Examinations,
December 1955.

NOTICE is hereby given that the above examina-
tions will take place in December as usual.
The Entry Forms must be returned duly com-
pleted and accompanied by Treasury Receipts for
the Pees on or before Tuesday, 31st May 1955.


The Fees payable are:-
(a) For the School Certificate ...
(b) For the Higher School Certificate
Approved School Candidates
(full entry)
Other entries (first unit)
Each subsequent unit ...
With a maximum fee of ...


$13.89


$19.20
$ 4.80
$ 2.40
$21.60


To these must be added the following local fees:
(a) School Certificate ... $3.60
(b) Higher School Certificate ... $5.00
An additional fee of $2.40 must be paid by each
candidate taking science in any form (except
Hygiene).

H. H. PILGRIM,


TREASURY.

Under the Water Supply Ordinance Cap. 240.

NOTICE is hereby given that the Assessment
Lists for Water Rates for the year 1955, as
finally determined, may be seen at the Treasury,
St. George's, and the respective District Revenue
Offices, between the 1st day of May and the 31st
day qf July, 1955, and that attendance will ho
given during that period for the purpose of receiv-
ing the rates fixed by the several District Boards.

F. M. COARD,
Acti.i1 Colonial Treasurer.
The Treasury.
9th April, 1955.

T is hereby notified at a sale by public auction
at the Inland Revenue Office, St. Ge:rge's, on
22nd April, 1955, the undermentioned properties
were sold for unpaid Water Rates for the year
1955 and previous years.
Price.
Naic of Owner. Property. Situation. Purchas


Lennox Halpin-
Phillip ... 1 house Green Str $30.00
Elizabeth Benoit... 1 house Mt. Airie
do ... 1 house Mt. Parn- $38.00
assus

Unless the owner or any other person having au
interest in either of the properties sold pays into
the Treasury:-
(1) the amount due for taxes, fines, costs, and
expenses, and
(3) ten per cent of the purchase price as com-
pensation to the purchaser; (provided
that in special cases the Governor may
reduce the amount so payable as com-
pensation),
before the expiration of three months from the
date of the sale, the property sold shall, at the end
of the stipulated period, vest absolutely in the
purchaser.


Treasury,
22nd April, 1955.


A. L. DOPWELL,
.A cti, Colonial Treasurer.


CUSTOMS

THE undermentioned articles forfeited for a
breach of the Customs Ordinance will be
offered for sale by public auction at the Pier, St.
George's, on Thursd.yI:, Mrd June, 1955;, at..2
o'clock p.m.:-
(14) Fourteen bottles brandy.
(12) Twelve bottles wine.
(5) Five ,, champagne.

A. L. DOPWELL,
cing Colonial Treastwer,
Treasury and Customs,
21st April, 1955.


192











193


GOVERNMENT GAZETTE, MAY 14, 1955.-(No. 30.)


CUSTOMS.

OTICE is hereby given thlar. the undermentioned articles which have remained in the several
Government warehouses for over one year will be offered for sale at the Pier, St. George's,
at 1 p.m. on Thursday, the 16th day of Jfne, 1955, if not claimed and cleared or re-warehoused.

F. M. COARD,
A.ctint Colonial Treasurer.
Treasury & Customs Departmwnt,
7th April, 1955.

No. 1 WAREHOUSE.


Date. Ship.


6 10 51 Leander
6 10 51 Leander
31 3 53 Providence Mar]
17 12 53 Specialist W
1.7 12 53 Specialist W
17 12 53 Specialist W
3 10 53 Rhoda L
22 11 52 Rhoda L
25 3 52 Tyra
29 5 52 Craftsman
23 2 53 Scholar
12 2 53 Willems6ad
28 3 53 Trois Isfets
31 7 53 Pinta
29 5 53 Craftsman
15 9 53 Can. Challenger
25 10 53 Orion
390 12 53 Dwerwood
31 3 54 Drarwood
3 1 53 B.W.IA.
6 2 54 B.W.I.A.


Marks & Nos.! Quantity and Description


SAdd
Add
k B.E.
B. 6734
C. W. R.
iL. P.
Add
SD. I. H.
Toula
C. W. R.
R. R.
Add
G.H.
J. M. C.
C. W. B.
N/N
Add
Add
Add
Add
Add


1 stove
1 length pipe
95 cartons stout
1 carton meat
1 carton fruit cock tail
1 case merchandise
7 tins biscuits
1 gas tube Co., 2
5 cartons food of yeast
1 bundle rope
1 drum merchandise
1 wooden cupboard
I carton beer
1 carton stout
10 cartons beer and stout
1 bag split peas
1 package advert. matter
1 package merchandise
1 package personal effects
1 package printing parts
1 package personal effects


Own~er.


K. Bernard
K. Bernard
J )nas Browne & Hubbard
Order
Order
Order
Everybody's Stores Ltd.
Agent
Agents
C. W. Rapier
Agents
Agents
Agents

C. W. Rapier
Geo. F. Huggins & Co.
Empire Theatre
Rhoda Jerome
8. Sell
Grenada Printing Co.
Charles Hypolite


BURN'S POINT WAREHOUSE.


S.S. Herdsman A. C.
S.S. Craftsman A. C.
M.V. Pinta Pals
S.S. Trosilet C. R.
S.S. Crofter G. G.
C.N.S.Lady Nelson S 350 M
Co. Ltd.
S.S. Kim G. S Ltd.
C.N.S. Lady Rtdney R. H. 1/14


M.V. Ino
C.N.S. Can.
Challenger
Ech. Eastern Eel
S.S. Alcoa Pointer
M.V. Daerwcod
do
do
Sch. Lydina A.
M.V. Daerwood
do

M.V. Blue Star
M.V. Daerwood
Sch. Rhoda L.
1do
Sel. Lydina A.
M.V. Ino
M.V. Nina
Can. Conqueror
'M.V. Aida
M.V. Orion


, M. KB.

Andrews
L. M. S.
J. A.
N. L.
C. R. J.
T. H. & Co.
0. D. B.
0. D. 13.
A cwi .A
Co. Ltd.
T. G'da.
Hankeys
Bris
O. D. B.'
Bris
G. E.
J. A.
G. F. H.
Milne/R.T.L.
M.W./ .T.i .


49 Cartons Beer
1 Carton Beer
50 Cartons Beer
49 Cartons Beer
O2 Cartons Jeffr
1 case Motor Ca


Barclay's Bank D.C.O.
do
do
do
rey's Beer do
ir Parts W. E. Julien & Co., Lt(


10 Cartons Luggages
14 Bales Rope
1 case Advertising matter

2 cases extracts
1 case Rum (samples)
2 Cartons Muscovado Rum
5 Cartons Royal R/ve. Rum
10 Cartons Rum
1 Parcel Rum (sample)
1 Carton Rum
9 Cartons Rum
5 Cartons Special Rum

5 Cartons Sunglow Rum
9 Cartons Rum
3 Cartons Angostura Bitters
1 Car:on do
1 do do
1 Ctn. Angus McKay W/ky
1 case Grant Whisky
.0 cases Can. Club Whisky
1 case Red Hackle Whisky
18 cases do do


d.


Granby Stores Ltd.
Barclay's Bank D.C.O.
Mitchell Bros.

Barclay's Bank D.C.O.
L. M. Masanto
Julien's Agencies
Nicks Ltd.
C. R. Johnson
Hankey's Ltd.
O. D. Brisbane & Sons
do

C. W. Rapier
Taylor's Ltd.
Hankey's Ltd.
O. D. Brisbane & Sons
do
do
(wen Emmanuel
W. E. Julien & Co., Ltd.
Geo. li. Huggins & Co. I:tda
Barclay's Bank D.C.O .
McCartney & Williams Ltd-


28 2
29 5

26 8
23 12
7 2
13 6
15 5
25 11
12 12
26 1










GOVERNMENT GAZETTE, MAY 14, 1955.-(No. 30.)


Ship


Marks & Nos. Guantity and Description


Owner


S. S. F'reecrest
T. B. Radar
Q Q O" T


J. T. S.
MW/R.T.L.


m 1, rT C'


I J. xJxIU U J1. IJ.EN1. 0.
M. V. Pinta G.F.H.

M. V. Clio Me C.S.
M. V. Clio F. J. A
S. S. Sculptor T. S. L.
M. V. Orion James Mill
S. S. Freecrest I M.. & W.
M. V. Clio F. J. A.
NM. V. Clio F. J. A.
S. S. Oranjestad C. W. R.
M. V. Ino J. M. C.
M. V Clio F. J. A.
T. B. Radar D. S. & Co.
S. S. Willemstad I J. M. C.
MA. V. Ino i L.
M. V. Ino TS. .
T. B. Radar D. S. & Co.
S. S. Trya W. E. J.
IS. S. Willemstad H. L.
.... T. S. L.
Lady Caroline Esso
Alcoa Cavalier Esso
Alcoa Cavalier Esso
NI -ir Y ;llivier I n (


16 8 51
30 9 51
11 9 53
23 8 53
26 11 53
18 10 50
30 9 51
26 1 52
5 7 52
2 10 52
1 9 50
11 9 53
14 11 53
14 11 53
11 9 50
23 8 52
1 11 53
28 11 53








23 1 54


24 8 52


R K. M
R. K. M.
Shell
R. K. M.
Shell


N/MN


1 case Ship Brand1 Whisky.I O. D. Brisbane & Sons.
14 Cas,;s HlIc Hlckle W'hiky. McCartney & Williams.
6 Cases (;o d Lalel Whisky T'. E Noble Smith & Co.
2 Cases Sc:ttish Creamtn Geo. F. Huggins & Co.
Whisks.


I Case Gentss Dry Gin
3 Cases Gin.
5 Cases Gordons Dry


e! 14 Cases Ci~tis (
S10 Cases Gin.
I 1 Case Advocaatt
3 Cases Cognac.
6 Cases Brandy
4 Cases Brandy
8 Cases Cognac.
1 Case Brandy.
4 Cases Brandy.
15 Cases 'ophac.


7 Cases Ifenessey Bran
4 Cartons Liqueurs.
14 Cases Champagne.
5 Cases Champagne.
5 Cases (', ,... .
3 )Drums Grease.
I Dr1um Lubricating O
3 Pails Grease.
1 Drum Lubricating O
S3 Pails Grease.
1 Drum Adbol Lab. Oil.
1I brum Shell Sol.
3 Drums Motor Oil.
1 Case Kerosene.
I Drum Sulphuric acid.
2 Tins Kerosene Oil.
2 ,,
1 ,,
2


THE UNDERMENTIONED GOODS WERE RECEIVED FROM TIE BOND ON PrER 12/2/53.

Unknown Unknown P. C. 25 Cartons Stout. Unknown.
. N/M 2 Boxes Dates. ,
0. A. G. 1 Box (contents unknown)' Govt. of Grenada.
B ... ..... 10as~ plugs. ... Unknown
No. 1 SHED.

11 10 51 Caracas C. W. R. 7 Cartons Stout iC. W. Rapier
8 5 52 Island tar D. E. 1 Box Adv. Materials Dir. Education
8 12 52 Daerwood Add. 8 Brooms Pat Denhert
19 11 52 Ino W/son's Ltd. 1 Package Adv. Materials Williamson Ltd.
20 12 52 Daerwood Add. 1 Package Merchandise Gladwin Antoine
20 12 52 do do 1 Package Sundries S. Thomas
10 3 53 Orion L. A. P. 2 Cartons Cheese L. A. Purcell
25 9 53 do ... W. R. 1 Carton Toilet Soap Order
No. 2 SHED.

4 10 46 Mary Mitchell N/M 1 Package Hose (8 loose) Government of Grenada.
29 9 52 Pinta iPowell's 1 Carton Pears l'owell's Ltd."
19 10 52 Rhoda L. N/M 3 Loose inner tubes Order
10 11 52 Lady Rodney N/M 1 Trunk Personal Effects G. F. Huggins & Co.
9 5 53 M/V Aider Pals 1 Carton stout (3 pts. short, Order
22 5 53 Challenger W. E. J. 1 Carton Canned Soup W. E. Julien
14 6 53 Oruiser Add 1 Parcel Macaroni O. I). Brisbane
11 9 53 Sculptor 1575 1 Case bartender Machine Order
6 12 53 Pinta PS & B 2 Cases Medicines Order
10 1 54 Pinta J. L. 15 1 Case G. M. N. Order
22 1 54 Daerwood Add 1 Bundle Buckets Order
14 2 54 Boskoop Add 1 Bale paper bags (damaged) Order
20 4 54 Cruiser 209541/1 Ic/s Drugs & Medicines Bristowe's Pharmacy


194


Date


Alcoa Cavalier
Fdrt Townshbiid
I Rhoda L.
,S. S. Kiii,
Sch. Specialist W.
Sch. Enterprise S.

CI. vM. M. arB: is
From BRigageShed
ISch. Lvdina A.


I


Me Cabe Salfarlie.
F. J. Archiba.d.
Gin. Everybody's Stores Lt
i The James Milne Co.
SMcCartney & Wms. Ltd.
Fisher Archibald.
Fisher Archibald.
Cecil W. Rapier.
i The James Milne Co.
F. J. Archibald.
David Slinger & Co. Ltd.
The James Milne Co.
Hankey's Ltd.
idy. Everybody's Stores Ltd.
SDavid Slinger & Co.
W. E. Julien & Co. Ltd.
SHankey's Ltd.
Everybody's Stores.
R. K. Milne & Co.
il. R. K. Milne & Co.
R. K. Milne & Co.
il. Govt. of Grenada.
R. K. Milne & Co.
IR. K. Milne & Co.
Goo. F. H uggins & Co. Ltd.
R. K. Milne & Co. Ltd.
SGeo. F, Huggins & Co. Ltd.
Jonas Brown & Hubbard.
Unknown.


Gi.











GOVERNMENT GAZETTE, MAY 14, 1955.-(No. 30.) 195

No. 3 STIED.
___-------------_
Date Ship Marks & Nos.! Quantity and Description Owner


28 2 53 Philosopher T. II. & Co. 1 Loose Soil Pipe Order
31 7 53 Harrow fill 1 2363 No. 5 1 Case galvanised hinges do
18 10 53 Casiqec del Caribi L. A. P. 1 Carton Milk Stout do
27 11 53 Free Crest O. D. B. do Jonas Browne & Hubbard
liankeys 1 C. 1. Bend do
(. T. C. I Carton Cigarette 13xs. do
24 3 54 Pinta 0. ). B. 1 Carton Vienna Sausage do



POST OFFICE NOTICE.

ConveyAlltc Inland Mails.




ITITH effect from 16th May, 1955, all Inland Mails will be conveyed by two Postda Vans. One
will journey around the island beginning from the Western side, the other will travel to Grand
Anso, Woburn, M rne JTaloux, Siinu Cornler and re .urn o to he General Post (Ofice -:,here it will be kept
in readiness to take all mails to and from ships in thel port, and to relieve the uti.;r travelling around
the island in the event of accident or a break down.
Hereunder is the schedule:-
Leaving the General Post Office at 10 a.m. daily, the Van arrive at--
Happy Hill ... Postal Station at 10.20 a.m.
Concord ... ,, ,, ,, 10.30 a.m.
Grand Roy ... ,, ,, 10.35 a.m.
Gouyave ... Post Office ,, 10.45 a.m.
victoriaa ... ,, ., 11.00 a.m.
Union ... Postal Station ,, 11.10 a.m.
Sauteursi .; Post Office ,, 11.25 a.m.
La Taste ... Postal Station ,, 1.40 a.m.
Dunfermline ... ,, 12,00 noon
Grenvillo ... Post Office ,, 12.15 p.m.
Hope ... Postal Station ,, 12.35 p.m.
C ochu ... ,, ,, 12.45 p.m.
St. David's ... Pcst Office ,, 1.00 p.m.
(Corinth ... Postal Station ,, 1.iO p.m.
Perdmoutemps ... ,, ,, 1.20 p.m.
St. Paul's ... ,, 1.30 p.m.
General Post Office ... ,, 1.40 p.m.
In addition to the above, .a Carrier will convey the mails from Hermitage to Tivoli for delivery to
the Van at 11.45 a.m., while the mails from La Digue and Birch Grove will be conveyed to Grenville
Post Office for delivery at 12.15 p.m.
All Mails will be closed in the various Districts half hour before the Van arrives.
Mails will be closed at the General Post Office at 9.30 a.m, daily except Sundays and
public holidays.

F. R. PHILLIP,
Colonial Postmaster.
General Post Office,
Grenada,
9th May, 1955.










GOVERlNMENT GAZETTE, MAY 14, 1955.-(No. 30).


In the Supreme Court of the Windward
and Leeward Islands.

(GRENADA CIRCUIT)

Suit No. 6 of 1955.

(Summary Jurisdiction)

Between


VICTOR JONES


SUPERINTENDENT OF POLICE


Islands


Appellant.


Respondent.


Before :- Date, J.

H. E. L. Hosten for Appellant.
The Attorney-General (C. F. Henville, Q.C.,)
for Respondent.


JUDGMENT.

The appellant lives at Byelands, St. Andrew's,
and owns three separate pieces of land, amounting
altogether to about 4 acres. On each of the lots
he cultivates cocoa. On the ground floor of his
residence, which is situated on one of the lots, he
keeps a shop, but he is not a licensed dealer under
the Sale of Produce Ordinance, 1954.
Four complaints were brought against him in
the Magistrate's Court, Grenville, in September,
1954; the first and second (cases Nos. 1179 and
1180 of 1954) charged him with receiving into his
possession at his premises 59 lb and 47 lb. of cocoa,
respectively, contrary to section 20 (1)(b) of the
Ordinance, while the third and fourth charges
respectively (cases Nos. 1178 and 1181 of 1954)
were for having in his possession at his premises
the aforesaid quantities of cocoa and failing to give
a satisfactory account as to how he came by them,
contrary to section 27(1) of the Ordinance.. The
first two complaints were dismissed by the learned
trial Magistrate, -but the appellant was convicted
on the other two and sentenced to 6 months
imprisonment with hard labour on each, the
sentences to run concurrently. Against these two
convictions he has appealed.
The evidence for the prosecution which the
Magistrate accepted, and was clearly entitled to
accept, may be summarised as follows. On 27th
September, 1954, 74 bags of cocoa were being
fermented in the sweater of Mr. Forrester's estate
at Mirabeau. The cocoa was last seen there at
about 6 o'clock that evening; next morning the
sweater was found broken open and some of the
cocoa was missing. A report was made to the
Police Station, Birch Grove, and on 29th September
1954, P.C. James and P.C. Christopher, armed with
a search warrant, went to the appellant's shop;
they read the warrant to the appellant and asked
whether he had any cocoa in his possession; he
pointed to two trays in the shop containing
altogether 47 lb. cocoa and said that that was all
the cocoa in his possession and that it had been
picked from the land around his house. No other
picked cocoa was found in the building or on that
piece of land. On being asked whether he owned


any other lands, the appellant took the constables
to one of his other two lots, about a quarter of a
mile away, showed them the boundaries of the lot
and told them they could search while he attended
to a cow which he kept there. Under a fig tree
approximately 50 ft. from the cow pole the
policemen found a bag, covered with fig leaves,
containing 59 lb. wet cocoa. P.C. James called the
appellant and asked him for an explanation; he
said he knew nothing about it, that it was the first
time he was seeing that cocoa. On their return
to the appellant's residence the appellant was
asked to .show where he had picked the 47 lb.
cocoa found in the trays in his shop (and sub-
sequently put into a separate bag). He pointed
to a heap of broken cocoa pods on the ground not
far from his house. Mr. William Branch,
Manager of Mount Horne Estate and a cocoa
cultivator of some 21 years standing, was then
brought to the scene and he estimated that the pods
pointed out by the appellant would, at best, yield
37 lb. wet cocoa-or 18 lb. dry.
At the trial, Forrester's Overseer, Jeremiah
Lewis, who also was at the appellant's shop on
29th September and saw the 59 lb. cocoa found on
his land, expressed the view that that cocoa
"looked like the cocoa" stolen from Forrester's
sweater, that is to say, that it was similar in
appearance and state of fermentation. Under
cross-examination by learned counsel for the
appellant Lewis stuck to his opinion that it did
resemble the stolen cocoa but admitted that he
had been told to say so by the police. That any
such advice should be given to a witness by any
police constable before the hearing of a case is
much to be deprecated and, in my opinion, calls
for the greatest caution in acting upon that witness's
testimony, especially where, as in this case, no
explanation is offered as to the circumstances under
which such advice came to be given. There is
however nothing in the learned Magistrate's
Reasons for Judgment to suggest that he was
influenced by Lewis' evidence, and having regard
to the conclusion I have reached with respect to
the 59 lb. cocoa found on the appellant's land, I
consider it unnecessary to say any more on the
subject in these proceedings.
Section 27 of the Sale of Produce Ordinance,
1954, under which the appellant was convicted
reads as follows:-
"27-(1) If any Revenue Officer, Police
Constable or Produce Inspector has reason-
able grounds for believing that licensable
produce is in or upon any premises contrary
to the provisions of this Ordinance, it shall be
lawful for him to enter such premises and to
call upon the owner or the person in possession
of the premises to weigh and account for the
licensable produce found therein, and if he
considers the account not satisfactory, he may
summon the owner or person in possession
before a Magistrate; and, if the defendant
does not give an account to the satisfaction of
the Magistrate as to how he came by the
licensable produce he shall be liable on
summary conviction to a fine not exceeding
five hundred dollars or to imprisonment with
or without hard labour for a period not
exceeding twelve months.
(2) For the purposes of this section the
term "premises" shall include a private
residence.


196










197


(GOVERNMENT GAZEI'TT E, MAY 14, 1955.-(No. 30.)


It will be seen that one of the essential elements
of an offence under this section is that licensable
produce should be found in or upon "premises"
owned by or in the possession of the accused.
The first question that arises in case No. 1178 of
1954, therefore, is whether the bag containing the
59 lb. cocoa that was discovered on the lot of land
on which, so far as we are aware, there was no
building whatever, was found in or upon the
appellant's "premises" within the meaning of the
section. The definition of premisess" in sub-
section (2) of the section is extensive, not restrictive,
and there is no definition of "premises" anywhere
else in the Ordinance. For the purpose in hand,
I am unable to derive any assistance either from
the definition contained in section 27(2) or from
the other two provisions of the Ordinance to
which attention was asked by learned counsel for
the respondent, that is to say, the definition of
"licensed premises" in section 2, and Form B
of the First Schedule (the form of certificate for a
licence to deal in licensable produce). It is how-
ever significant that where the Legislature intended
to refer to lands, as distinct and separate from
buildings and their appurtenances, in other parts of
the Ordinance, e.g. section 11, it has expressly done
so.
The intention of the Legislature always has to be
ascertained from the language used by it, and it is
well settled that statutes which impose new
obligations, or which invade the liberty of the
subject or introduce new principles into any branch
of the law should be expressed in clear and
unambiguous language and must be strictly con-
strued. The power to call upon a person to
account for things found in his home ox place of
business, and to convict in the absence of a satis-
factory account, is an extraordinary one; yet more
onerous and exacting is the burden cast upon
the subject when that power is to be extended to
lands distant from and altogether unconnected
with his home or business place.
The opinion I have, formed after reading the
Ordinance as a whole, due regard being paid to its
general scheme and objects, is that the word
premises in section 27 (1) should be given the
narrow meaning which will be found in any
recognized dictionary-"a house or building with
its ground or other appurtenances" (Shorter
Oxford English Dictionary); "a building and its
adjuncts" (Chambers's Twentieth Century
Dictionary).
It follows from what I have said that the appeal
in case No. 1178 of 1954 will be allowed, the con-
viction quashed and the order of the Magistrate
set aside.
In case No. 1181 of 1954 the questions for con-
sideration are entirely different. 47 lb. of partly
dried cocoa was found in the appellant's shop;
by way of explanation of its presence there the
appellant said it came from the land adjacent to
the shop, and he took the police to a heap of broken
cocoa pods a few rods away. There can be no
doubt that the pods were counted by the police
and that Branch, who was called in as an expert,
said that the broken pods could account for no
more than 37 lb. of cocoa when wet and 18 lb.
when dry. But at the trial, some 10 weeks later, the
appellant denied seeing the pods being counted
or hearing what Branch said, and for the first time
raised the point of the land being sloping land,
inviting the inference that some of the cracked
pods must have rolled down the slope. In this


connection much emphasis was placed by learned
counsel for the appellant on what he claimed to be
a discrepancy in the evidence of the witnesses for
the prosecution. The testimony of the police
constables was to the effect that the pieces of
broken pods pointed out by the appellant were
actually counted in the presence of Branch and the
appellant, that 296 pieces were found, accounting
for 148 pods, and that Branch there and then said
that those pods could have given only 37 lb. when
wet and 18 lb. when dry. In the Magistrate's notes
of evidence Branch is recorded as having said:
"On Wednesday 29th September, 1954, I went to
defendant's premises at Byelands. There in
defendant's presence I was shown two bags of
cocoa, also a box and some pods in a field. The
pods 1 saw seemed to have been picked 7 or 8 days.
There were about 145 to 148 pods. From my
experience the best average pods give 4 pods to
1 lb. wet cocoa. The pods would have given at
best 37 Ib. wet cocoa and when dry at best 18 lb.
dry. That is 50'),, which is the best yield even
in Grenada". Nowhere in the notes of evidence
is Branch recorded as having said that the pods
were counted in his presence or that the appellant
was present when he spoke. In particular, counsel
urged that Branch's recorded words "There were
about 145 to 148 pods", show that no counting
took place in his presence. I cannot agree that
that is necessarily so: it may be that Branch, at the
time of giving his evidence, did not recollect with
precision the number of pods counted. As to the
rest, it is sufficient to observe that a Magistrate is
not required, nor could he be expected, to write
down every word said by every witness in a case,
nor is the prosecution required to make every
witness repeat the whole story. Looking at the
record as a whole, I think the Magistrate was fully
justified in rejecting the appellant's evidence on
this point; it would indeed have been surprising if
he had done otherwise. It is almost incredible
that anyone whose premises have been searched;
and cocoa seized, should fail to take special interest
in what was being done and said on his premises
by the police and their advisers. There is no
suggestion that the appellant left his premises at
any stage while they were there.
The real question in this appeal is whether the
learned Magistrate erred in rejecting as unsatis-
factory the appellant's account as to how he came
by the 47 lb. cocoa. His reasons for doing so are
contained in paragraph 6 of his Reasons for
Judgment:
"6. As regards the 47 lb. cocoa, the evidence
of Mr. Branch with which I was impressed and
which I accept shows that the pods found on
defendant's land were not sufficient to account
for as much as 47 Ib. cocoa. In this he was
positive stating that. they could have yielded
at most 37 lb. wet cocoa or 18 lb. dry cocoa.
From his experience this was a maximum yield
in Grenada. On this basis at least, twice fhe
number of pods:.shown would have been
needed to account for the 47 lb. cocoa which
was already in the sun. The defendant
sought to account for this deficiency by
saying that some of the pods must have
rolled down the hill near where he cracked the
pods. This was the first time defendant made
this defence although he knew since 29th
September 1954 that both Mr. Branch and the
police were claiming that the pods were not








198 GOVERNMENT GAZETTE, MAY 14, 1955.-.- No. 30.)

enough. Further Mr. Branch makes it clear :f Ju,, 195, at 9.." o'clock in the formoon,
that the slope was gentle and not such as when and where all concerned and bound over t,
would cause cocoa pods to roll freely. prosecute or to give evidence o' summoned a.s
Accordingly I was also not satisfied with JTurcr? or Witness., are required to g-e their
defendant's explanation". personal attendance, and all Officers who hiav
The principles which apply to an account to be taken Inquisitions; Depositions, Examinations,
given under section 27 (1) of the Ordinance are lRecognizances or otiei. papers cognizable by tbe
analogous to those laid down with respect to courtt are required to return the same without
the reasonable explanations required ini recent delay to this office.
possession cases; if an account is given and it I)Daed this 9th da,- of Ma 1955.
leaves a real doubt in the mind of the Magistrate
after reviewing the whole of the evidence, he must GORDON RENWICK,
acquit, for the prosecution would then have failed .i , Spre
to discharge the burden imposed on it by our
criminal law of satisfying the Magistrate beyond Registrar's Office,
reasonable doubt of the guilt of the accused.
That "persuasive burden" as it is sometimes St. George's.
described, always remains on the prosecution; it Grenada, B.\W.I.
is only the "evidential burden", the burden of
introducing some evidence by way of explanation,
that is shifted to the accused. Nevertheless, the UNDER THE FRIENDLY SOCIETIES ORDINANCE.
person to consider an account given for the pur- 1
poses of section 27 (1) of the Ordinance is the
Magistrate, who has the opportunity of seeing and FIjHE Seamen! and 1Waterfrcnt Credit Union is
hearing all the witnesses including the accused, and I this day regis'cred as a Friendly Society
of judging their demeanour; and, if there is under the l]rie:dly -ou'c:ies Ordinance.
evidence to support his finding of the facts, it is only The registered Office of the Union is situlte oil
in certain clearly defined cases, e.g. where there is the Carenage in the town of Saint George in the
no question of the credibility of witnesses, but the Island of Grenada.
sole question is the proper inference to be drawn
from specific facts-that is to say, the evaluation as Dated the 4th day cf May, 1953.
distinct from the perception of facts-that an
appellate tribunal will exercise its own independent GORDON IENWICK,
opinion, though even then it will give due weight ]eieilrar of 1Frienldly Socictie.
to the opinion of the trial Magistrate. Benmax
v. Austin Motor Co. Ltd., (1955) 1All E.R. 326.


Applying these principles to the present case,
I can see no ground for questioning the learned
Magistrate's acceptance of the police constables"
evidence in preference to the appellant's as to what
occurred at the appellant's premises on 29th
September, nor can I think of any justification for
rejecting the conclusions reached by him.
The appeal in case No. 1181 of 1954 is accordingly
dismissed and the conviction and order of the
Magistrate affirmed.

W. A. DATE,
Acting ChiefJustice.
6th May, 1955.


GRENADA.

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

OTICE is hereby given that a Session of the
Supreme Court of the Windward Islands and
Leeward Islands at Grenada, in its Criminal
Jurisdiction, will be held at the Court House, in
the town of St. George, on Wednesday the 1st day


UNDER THE TRADE UNIONS AND TRADE DISPUTES
ORDINANCE, 1951.

TIE Trade Union Council is this day registered
as a trade union under the Trade Unions and
Trade Disputes Ordinance, 1951 (No. 20 of 1951).
The Registered Office of the Council is situate
in the town of Gouyave in the parish of Saint John
in the Island of Grenada.
Dated 4th day of May, 1955.

.GORDON RENWICK,
Registrar of Trade Unions.


NOTICE.

Contract of Tenancy Forms.

THE public is hereby notified that printed copies
I of the Contract of Tenancy, Agricultural
Small Tenancies Ordinance No. 17 of 1952, are
available for sale at the Department of Agriculture
at four cents per copy.











GOVERNMENT GAZETTE, MAY 14, 1955.--(No. 30). 199

NOTICE.

Grenada Co-operative Nutmeg Association.


Current Advances for Nutmegs and Mace are as follows:


GRADES


Green

Dry

Cracked Grinders

Dried Whole Mace

Dried Broken Mace

Mace Pickings


Ad vatnces


9 Cents

13 do.

7 do.

60 do.

30 co.

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
Year.
W O'BRIEN DONOVAN
Acting Secretaty,
Date fixed 18th April, 1955.




































OBRENADA.

PATBD BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFF[B E
ST. GEORGE'S.
1955





Publications Not Available

Supplements to
Grenada Government Gazette
v.73 no.30

Statutory Rules and Orders
No. 20-22 of 1955




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