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Group Title: Official gazette, Barbados
Title: The official gazette
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Title: The official gazette
Physical Description: v. : ill. ; 33-42 cm.
Language: English
Creator: Barbados
Publisher: s.n.
Place of Publication: BridgetownBarbados Published by authority
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Subject: Law -- Periodicals -- Barbados   ( lcsh )
Politics and government -- Periodicals -- Barbados   ( lcsh )
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Bibliographic ID: UF00076861
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Table of Contents
    Main
        Page 141
        Page 142
        Page 143
        Page 144
    Supplement: Motor Vehicles and Road Traffic (Amendment) Act, 1957
        Page A-1
        Page A-2
    Supplement: Legislative Council, February 21, 1956
        Page B-407
        Page B-408
        Page B-409
        Page B-410
        Page B-411
        Page B-412
        Page B-413
        Page B-414
        Page B-415
Full Text










VOL. XCII.


NO. 21


mffiral


6auette


PUBLISHED


BY


AUTHORITY


NOTICE No. 133
MEETING OF LEGISLATURE
The Legislative Council will meet on Tuesday
19th March, 1957, at 2 o'clock p.m.
The House of Assembly will meet on Thursday
14th March, at 12 o'clock "noon"


NoTIcS No. 134


NOTICE


IS HEREBY GIVEN that Helen Morrison of 1310
Brook Avenue Bronx 56, New York in the United
States of America but at present residing at Mount
Hill in the parish of Saint George, in this Island
Widow, has Petitioned the Honourable the Acting
Chief Judge of the Court of Ordinary of this Island
for a grant of Letters of Administration to the
Estate of her late husband Isaac Leon Morrison
deceased late of 1310 Brook Avenue aforesaid who
died at 1310 Brook Avenue aforesaid on the 11th
day of October 1955 intestate.
AND NOTICE IS FURTHER GIVEN that an
ex part application for such Letters will be made to
the Court of Ordinary on Friday the 29th day of
IMarch 1957 at 11 o'clock in the forenoon.
Dated the 7th day of March 1957.
H. LISLE THOMAS,
Petitioner's Proctor.


CENTS


NOTICE
is hereby given that CYRIL BRUCE BROOKS of
No. 14 James Street, Bridgetown, in the parish of
Saint Michael in this Island, Solicitor, has petitioned
His Lordship the Chief Judge of the Court of
Ordinary of this Island for a Grant of Letters of
Administration to the Estate and effects in this
Island of the late Thomas Bannister Hull deceased
,who died in this Island on the 23rd day of September,
1955.
AND NOT.' E is further given that an ex parts
iapplication- for such Letters will be made at the
Court of Ordinary on Friday 29th March 1957 at
11 o'clock in the forenoon.
Dated the 13th day of March 1957.
YEARWOO'D & BOYCE,
Petitioner's Proctors.

NOTICE No. 136
NOTICE
IS HEREBY GIVEN that CARLENA VIRGINIA
LICORISH of Orange Hill in the parish of Saint
James in this Island, Widow, has petitioned the
Honourable The Acting Chief Judge of the Court
.of Ordinary of this Island for a grant of Letters
of Administration to the estate of her late husband
Lionel O'Donald Licorish late of Half Moon Forte
in the parish of Saint Lucy in this Island, Seaman,
who died at sea sometime in the year 1942 intestate.
AND NOTICE IS FURTHER GIVEN that an
exparte application for such Letters will be made to
the Court of Ordinary on Friday the Fifth day of
April, 1957 at 11 o'clock in the forenoon.
Dated this 12th day of 'March 1957.
H. LISLE THOMAS,
Petitioner's Proctor.


BRIDGETOWN, BARBADOS, 14TH MARCH, 1957

NOTICE NO. 135
-^ I NOTICE No. 135 i


,86


c


(? 4








OFFCIA GZETE ARC 1, 157


NoTICE No. 137
NOTICE

is hereby given that it is the intention of the Vestry
of the parish of Saint Philip to cause to be intro-
duced into the Legislature of this Island a Bill
authorising the Vestry of Saint Philip to provide
exhibitions at any First Grade School in Barbados
not exceeding the sum of 140 per annum.

Dated this 13th day of March, 1957.

CARRINGTON & SEALY,
Solicitors for the Vestry of St. Philip.


NOTICE No. 138

NOTICE

is hereby given that it is the intention of the Vestry
of Saint Philip to cause to be introduced into the
Legislature of this Island a Bill to amend the Ves-
tries (Amendment) Act 1950-15 so-as to authorise
the Vestry of Saint Philip to borrow the sum of
4,000.

Dated this 13th day of March, 1957.

CARRINGTON & SEALY,
Solicitors for the Vestry of St. Philip.


NOTICE No. 139

NOTICE

Re the Estate
LOUIS GORDAN WILLIAMS
(Deceased)
NOTICE IS HEREBY GIVEN that all persons
having any debt or claim against the Estate of
Louis Gordan Williams, deceased, late of 5th-
avenue Harts Gap in the parish of Christ Church
in this Island who died on the 14th day of November
1956, are requested to send in particulars of their
claims duly attested to the undersigned Irvine Linton
of Six Roads in the parish of Saint Philip, on or
before the 30th April 1957, after which day I shall
proceed to distribute the assets of the deceased
among the parties entitled thereto having regard
only to such claims of which I shall then have had
notice and I will not be liable for the assets or any
part thereof so distributed to any person of whose
debt or claim I shall not then have had notice.

And all persons indebted to the said estate are
requested to settle their said indebtedness without
delay.

Dated this 12th day of March, 1956.

IRVINE LINTON,
Qualified Executor of the Estate of
Louis Gordan Williams (Deceased)


NoTICE No. 140

BARBADOS.

IN THE COURT OF CHANCERY

In pursuance of the Chancery Act 1906, I do
hereby give notice to all persons having or claiming
any estate, right or interest or any lien or incum-
brance in or affecting the property of the defendant
to bring before me an account of their claims with
their claims with their witnesses documents and
Vouchers to be examined by me on any Tuesday or
Friday between the hours of 12 noon and 3 o'clock
in the afternoon at the Registration Office, Town
Hall, Bridgetown before the 16th day of May, 1957
in order that such claims may be reported on and
ranked according to the nature and priority thereof
respectively otherwise such persons will be precluded
from the benefits of any decree and be deprived of
all claims on or against the said property.

Plaintiff: UMBERTO JOSEPH PARRAVICINO

Defeundan: JOHN ROBERT. PETERKIN.

PROPERTY: ALL THAT certain piece or
parcel of land situated at Goodland in the parish
of Saint Michael and Island aforesaid containing by
admeasurement Fifty five thousand six hundred and
seventy eight square feet or thereabouts ABUTTING
AND BOUNDING on a road in common on lands
*of Rosalie King on another road in common on lands
now or late of one Scantlebury on the public road
called Goodland Road and on another public road
leading to Richmond School or however else the same-
may abut and bound.

Bill Filed: 21st November, 1956.
Dated: 9th January 1957.

V. I. DeL. CARRINGTON,
Registrar-in-Chancery (Acting).


NoTICE No. 132 -(second publication)

NOTICE

IS HEREBY GIVEN that George Whitfield Clark of
Oistins in the parish of Christ Church in this Island,
Fisherman, has petitioned the Honourable the Acting-
Chief Judge of the Court of Ordinary of this Island
for a grant of Letters of Administration to the Estate
of his late wife Rosetta Clarke late of Gibbons Bogs
in the said parish of Christ Church who died in this
Island on the 22nd day of September 1955 intestate.

AND NOTICE IS FURTHER (IVEN that an
ex part application for such Letters will be made
to the Court of Ordinary on Friday 29th day of
March 1957 at 11 o'clock in the forenoon.

Dated the 11th day of March 1957.

H. LISLE THOMAS
Petitioner's Proctor.


OFFICIAL GAZETTE


MARCH 14, 1957








OFFICIAL GAZETTE 143


NoTICE No. 131 -(second publication)
VACANT POST OF SUPERINTENDENT OF
PRISONS, ST. VINCENT

Applications are invited from suitably qualified
persons for appointment to the post of Superinten-
dent of Prisons, St. Vincent, particulars of which
are as follows:-
Appointment:
The post is pensionable and appointment carries
With it the liability to transfer to any post of equiva-
lent status within the Windward Islands. The officer
will be subject to the Colonial Regulations, local Gen-
eral Orders etc. so far as they are applicable.
Salary:
The salary of the post is in the scale $2,880x120
-$3,600 per annum, plus a pensionable pay addition
of 20% of salary. An officer may be appointed at
any point in this scale depending on his qualifications
and experience.
Allowances:
The officer will be paid a uniform allowance at
the rate of $130 per annum. Transport and sub-
sistence allowances are also payable in accordance
with local Regulations.
Quarters:
Unfurnished quarters are provided on the Prison
Compound for which the officer will be required to
pay rental at the rate of 10% of his salary. The
officer will be required to reside in the Prison
quarters.
Qualifications:
Candidates should have an intimate knowledge
cf all matters relating to Prison Administration; a
good knowledge of after care and rehabilitation work
in respect of discharged prisoners, and also of proba-
tion work.
Duties:
The officer will have the general control and
management of the Prisons, and will be required to
perform such other duties as are laid down in the
St. Vincent Prison Rules (S.R. & O. No. 39 of 1945)
of 1945.
Passages:
FPree first class passages will be provided for the
officer, his wife and children, not exceeding five per-
sons in all; children to be under 18 years of age, un-
mnarried and dependent on the officer.
Leave & Leave Passages:
The officer will be eligible for vacation leave at
the rate of 45 days for each completed period of 10
months resident service. Such leave may be accum-
mulated to a maximum of 180 days. Leave passages
are granted in accordance with local Regulations.
Medical Attention:
Free medical attendance and medicines are not
provided.
ITaxation:
All Government officers are liable to taxation im-
posed by local enactments.

Applications containing full particulars of the
applicant's qualificatios and experience and accom-
panied by 2 testimonials should be addressed to the
Chief Secretary, Windward Islands, Grenada, and
should reach hint not later than the 31st. March,
1957.


NOTICE No. 129 -(third publication)

INCOME TAX NOTICE

PAY AS YOU EARN

Employees To File Declarations By 15th March

Notice is hereby given that in accordance with
Section 38A of the Income Tax Act, 1921 any person
in receipt of emoluments during 1957) may file with
the person paying the emoluments a DECLARA-
TION (TD1) containing particulars of all or any
of the allowances to which such person is entitled,
for the purpose of enabling any tax deductions which
may be made under Section 38B of the said) Act to
be calculated with reference to such allowances.

2. A DECLARATION should not be filed by -

(1) a person resident outside of the Island;

(2) a married woman living with or main-
tained by her husband whose income
pursuant to Section 3 of the Act is
chargeable in the name of her husband;

(3) Domestics, including cooks, maids,
washers, gardeners, butlers, chauffeurs
of private motor cars, whose weekly
wages do not exceed $10,
unless authorised by the Commissioner of Inland
Revenue.

3. Agricultural workers whose income during
the year 1956 did not exceed $600.,should file the
AGRICULTURAL WORKERS DECLARATION
(TD2).

4. Forms of Declaration may be obtained from
Employers, or from the Department of Inland Rev-
enue, Bridge Street, Bridgetown, AFTER THE 4TH
DAY OF MARCH, 1957 and, the forms duly filled
in must be delivered to the person paying the emol-
uments on or before the 15TH DAY OF MARCH,
1957.

5. ALL persons paying emoluments to Agri-
cultural workers who have filed the Declaration
(TD2) and to Domestics as aforesaid TAKE NO-
TICE that NO TAX is to be deducted from the
wages of any such person UNLESS in any particular
case the Commissioner of Inland Revenue directs
that tax should be deducted.

N. D. OSBORNE,
Ag. Commissioner of Inland Revenue.

NOTE (1) Agricultural workers whose wages for
1956 exceed $600 and Domestics whose
weekly wages exceed $10 should file the
DECLARATION (TD1).
(2) Any person who files a false Declaration
is liable to prosecution.

(3) If any person not entitled to file a Dec-
laration shall do so, or if any person in
two or more employment shall file a
Declaration with more than one employ-
er, he shall be guilty of an offence and
liable to prosecution.


(M.P. 3297/S.1 Vol. XII)


I MAIRCH 14, 1957








OFFICIAL A- I MARC 1-- _1..7


FORM 1.
THE LAND ACQUISITION ACT 1949
(Notice required by Section 3)

NOTICE IS HEREBY GIVEN that it appears to the Governor-inExecu-
tive Committee that the lands described in the Schedule hereto and situate
at Fire Brigade Alley also know as Reef Road, in the City of Bridgetown in
the Island of Barbados are likely to be needed for purposes which in the
opinion of The Governor-in-Executive Committee are public purposes, namely
for access roads in connection with the Deep Water Harbour.

THE SCHEDULE

ALL THAT Certain piece or parcel of land situate at Fire Brigade
Alley also known as Reef Road in the City of Bridgetown in this Island
containing by admeasurement One thousand three hundred and eighty square
feet or thereabouts Abutting and Bounding on lands formerly of Holman
Thomas Grant but now of The Executive-Committee of the Island of Barbados
on lands formerly of W. H. Thorne deceased but now of L. C. Yarde on lands
formerly of Mount Gay Distilleries Limited but now of The Executive-Com-
mittee and on the public road called Fire Brigade Alley or Reef Road afore-
.aid or however else the same may abut and bound Together with the dwelling
house and buildings thereon.

Dated this Eighth day of March 1957, at The Government Building, Bay
Street, in the parish of Saint Michael in the Island of Barbados.

By Command,

G. T. BARTON.
Acting Chief Secretary.


NOTICE No 70- (fifth publication).
BARBADOS.
IN THE COURT OF CHANCERY

In pursuance of the Chancery Act 1906, I do
hereby give notice to all persons having or claiming
any estate, right or interest or any lien or incum-
brance in or affecting the property of the defendant
to bring before me an account of their claims with
their witnesses documents and Vouchers to be
examined by me on any Tuesday or Friday between
the hours of 12 noon and 3 o'clock in the afternoon
at the Registration. Office, Town Hall, Bridgetown
before the 10th day of April 1957 in order that such
claims may be reported on and ranked according to
the nature and priority thereof respectively other-
wise such persons will be precluded from the benefits
of any decree and be deprived of all claims on or
against the said property.

Plaintiff: CYRIL BRUCE BROOKS
Defendants: RUSSELL SIMPSON
ETHEL CLEMESHA
LORRAINE STADLE
J. LISLE MARSHALL
By their Attorney
CASPER CARLTON GALE
Property: ALL THAT certaipiece or parcel o .
land situate in the parish of Saint Joseph and Island
aforesaid containing by admeasurement, Two acres
thirty seven and one half perches be the same more
or less butting and bounding on the lands of Spring
field ,Plantation, on lands of one Roach, on lands
of one Gill. and on the Public Road or however else
thesame may butt and bound.
BILL FILED: 18 January, 1957
DATED: 1st. February, 1957.

V. I. DeL. CARRINGTON,
Registrar-in-Chancery (Ag.)


NOTICE No. 71 -(fifth publication)
BARBADOS.
IN THE COURT OF CHANCERY
In pursuance of the Chancery Act 1906, I do
hereby give notice to all persons having or claiming
any estate, right or interest or any lien or incum-
brance in or affecting the property of the defendant
to bring before me an account of their .claims with
their witnesses documents and Vouchers to be
examined by me any Tuesday or Friday between
the hours of 12 noon and 3 o'clock in the afternoon
at the Registration Office, Town Hall, Bridgetown
before the 10th day of April 1957 in order that suic'
claims may be reported on and ranked according to
the nature and priority therefore respectively otheir-
wise such persons will be precluded from the benefits
of any decree and be deprived of all claims on or
against the said property.
Plaintiff: ERNEST LISLE WARD Executor
and Trustee and Personal Represen-
tative.
Defendant: EDWARD DANIEL CUTHBERT
ROGERS
Property: ALL THAT certain piece or parcel of'
land situate in a district called Headings in the par-
ish of Saint Philip in this island containing by
admeasurement one acre three roods two aid one-
I half perches or thereabouts (inclusive of three 'percihe
in the Public Road) Butting and bounding on the,
East on lands of Carol Fields, on th6 South o 'l
lands of Mr. Lyte on the West on lands of Mary E.
Williams and on the North on the Public Road or
however else the same may butt and bound together
with the message or dwellinghouse thereon.
BILL FILED: 16th January, 1957
DATED: 1st. February, 1957.

y. I. DeL. CARRINGTON,
Registrar-in-Chancery (Ag.)


OFFIcjiAL 6AZA~TTk


MARCH 14,: 1957








SUPPLEMENT TO OFFICIAL GAZETTE, 14TH MARCH,1957.

1957-4
BARBADOS.
An Act to amend the Motor Vehicles and Road Traf-
fic Act, 1937.
(22nd February, 1957)
BE it enacted by the Governor, Council and Assembly
of this Island and by the authority of the same as
follows:-
1. This Act may be cited as the Motor Vehicles and Short title.
Road Traffic (Amendment) Act, 1957, and shall be read
as one with the Motor Vehicles and Road Traffic Act, Act 1937-16.
1937, hereinafter referred to as the principal Act.
2. Paragraphs (b) and (c) of subsection (1) of Section 21 of
section twenty-one of the principal Act are hereby amend- principal Act
ed by deleting the word "eight" in each case and sub- amended.
stituting therefore the word "nine."
3. Subsection (1) of section 21A of the principal Section 21A of
Act is hereby amended by adding at the end thereof the principal Act
words "or motor vehicles, trailers or tractors intended to amended.
be used for or in connection with any special work."
4. That part of the Third Schedule to the principal Third Schedule
Act appearing under the heading "Vans, Omnibuses, Lor- to principal
ries" is hereby amended as follows:- amen
(i) in paragraph (2) entitled SIX WHEELED
(3 AXLE) VEHICLES" there shall be
added the following -
"Exceeding 8 tons but not exceeding
8 tons .......................................... 17.0.0.
Exceeding 8 tons but not exceeding
9 tons .......................................... 18.0.0."
(ii) in paragraph (3) entitled "FOUR
WHEELED (2 AXLE) VEHICLES WITH
DUAL TYRES AT EACH END OR REAR
AXLE'' there shall be added the following-
"Exceeding 8 tons .but not exceeding
81 tons ........................................ 21.0.0.
Exceeding 8j tons but not exceeding
9 tons .......................................... 22.0.0."


Read three times and passed the General Assembly
the twenty-ninth day of January one thousand nine hun-
dred and fifty-seven.

H. GORDON CUMMINS,
Speaker.
Read three times and passed the Legislative Council.
the twelfth day of February, one thousand nine hundred
and fifty-seven.

IH. G. MASSIAH,
Senior Member Presiding.
I assent,
R. D. H. AURUNDELiL
Governor.
12nd February, 1957.














VOL. XCII.


SUPPLEMENT TO


(? 4


@*Jcial


Sauette


PUBLISHED BY


AUTHORITY


BRIDGETOWN, BARBADOS, 14TH MARCH,


LEGISLATIVE COUNCIL

Tuesday, February 21st. 1956.
The Honourable the Legislative Council met in
the Council Chamber, Public Buildings, at 2 o'clock
p.m. today.
Present
The Hon'ble Dr. H. G. Massiah, M.D., C.M.,
(Senior Member Presiding),
G. D. L. Pws O.B.E.,
,, ,, D. C. H. ST. JOHN M.D., B.S.,
F. C. HUTSON M.I., Mech., E.,
V. C. GALE,
,, J. A. MAHON,
R. N. TURNER C.M.G.,
(Chief Secretary),
K. R. HUNTE O.B.E., A.C.I.S.,
S E. S. ROBINSON,
MRs. N. G. DAYS,
S D. H. L. WARD.
Absent


The Hon'ble Sir Archibald Cuke
S DR. A. S. CATO M.B.,
,, ,, F. E. FIED.
Prayers were read.


C.B.E.
(President),
Ch.B.,


MINUTES
On the motion of Hon'ble R. N. Turner seconded
by Hon'ble J. A. Mahon the Minutes of the meeting
of the 14th February as printed and circulated were
taken as read and confirmed.
DOCUMENTS
S The Hon'ble R. N. Turner laid the following
Documents by command of His Excellency the Gov-
ernor:-


1. The Civil Establishment (General) (Amend-
ment) No. 4 Order, 1956.
2. Bulletin No. 22 of the Department of Science
and Agriculture: The yield of Sugar Cane in Bar
bados in 1955.
CIVIL ESTABLISHMENT (GENERAL)
(AMENDMENT) NO. 2 ORDER
His Honour the Senior Member Presiding called
the first Order-Resolution to approve the Order en-
titled "The Civil Establishment (General) (Amend-
ment) No. 2 Order, 19'56."
HON'BLE R. N. TURNER: Sir,-The great
expansion in the work done by the Public Works
Department both in regard to construction and main-
tenance does not need much elaboration by me. The
capital work programme of the Department has be-
come so great-speaking in terms of money it, is to
the extent of about one million dollars a year-that
it is considered that one of the two posts of Assistant
Engineer should be upgraded tq the post of Execu-
tive Engineer, a reorganisation by which the Direc-
tor will remain in over-all control, while there will
be one Executive Engineer in charge of construction
and one in charge of) maintenance work. The crea
tion of the second post of Executive Engineer will
bring about a saving of one post of Assistant En-
gineer.
The cost of the proposals will be in the region
of $66,500, of which $5,376 will be on account of the
Assistant Foremen. It will be seen-although this
is not the primary reason for creating the extra posts
-the creation of these posts of Assistant Foremen
will served the useful secondary purpose of providing
an avenue of promotion for members of the Unes-
taltlished Staff.
I move, sir, that the Council concur in the Reso.
lotion.,
Hon'ble J. A. Mahon seconded the motion.
HON'BLE 10. D. L. FILE: Sir.-There is no
doubt, I think, that the work now done by the Public
Works Department necessitates the addition of staff
to that department; but there is the danger that the


NO. 21


1957


.. _.__- ___I_---------;- -
"""""""""""""""""""" -C


CL--------------


I --- -


- --








408 OFIILZTEMnH1,15


work now done by the department will relax gradl-
ally, and we may be left spending an iaeaesqry
amount on staff. Has the Government considered
that? It will be difficult to absorb that extra staff.
HON'BILB R. N. TURNER: The point has
been considered by the Government and whereas
members of $he fponcil may think that too many
requests for additional staff are coming down, I can
assure them that the implementation of several such
requests have been very long delayed because of,
among other things, the very point made by Hon'ble
Mr. Pile.
In regard to this particular Resolution, the dif-
ficulty is that one cannot get temporary men of the
required status without paying more. People who
are worth their salt are already in other jobs. In-
structions have been given, however, to Heads of De-
partments that when vacancies occur they do not
necessarily put forward recommendations for filling
them, but consider whether or not the post can be
regarded as redundant. That is happening in re-
gard to one post in a certain department at the
present time.
The Resolution was concurred in.

CIVIL ESTABLISHMENT (GENERAL)
(AMENDMENT) NO. 3 ORDER.

His Honour the Senior Member Presiding called
the second Order-Resolution to to approve the Or-
der entitled "The Civil Establishment (General)
(Amendment) No. 3 Order, 1956."
HON'BLE R. N. TURNER: Sir,-This Reso-
lution is a case in point in regard to what I said
on the previous Resolution. Quite some time ago a
request was made for a substantial increase in the
number of writservers, and one of the reasons why
the recommendation was not dealt with at the time
was the fear that if the number of posts was in-
creased pending the judicial re-organisation these
persons might not be needed after that re-organisa-
tion had taken place.
At thq time that I am speaking about--about
three years ago--efforts were made to reduce the
work of these writservers by various means. In 1953
the Hon'ble Chief Justice issued instructions to
Magistrates that they should impose more forthwith
fines, or make fines payable in less installments. Con-
sideration was also given to sending out some of
the summonses by post; but even in spite of those
measures the pressure of work on the writservers
has become intolerable.
The figures set out in the Addendum show the
great increase that has taken place in their work
or the last eight years-from 1946 to 1954-and the
figures for 1955 show that in that year the number
of warrants issued was 21,387, summonses, 95,592
and money collected, $101,343.44.
After the introduction of Ministerial Govern
ment a Police Board was set up under the chairman-
ship, as hon'ble members will know, of the Hon'ble
Premier and with certain members of whom Hon'ble
iMr. Ward was one. This question of the writservers
was referred to that Board which decided that the
recommendations of the Commissioner of Police for
ten .extra writservers should be approved.
The same point as has been mentioned by
Hon'ble Mr. Pile then arose-would these posts be-
come redundant as and when judicial reorganisatiomn
takes place? It is difficult to tell at. this stage
There are proposals for the re-organisation of the
judiciary one of which is that the civil processes
,should come under the Courts, while the criminal
paroess should remain in the hands of the Police
Some of the writservers will then become Court
Bailiff Even so, the question will still arise as to


whether all th~se men will be required or not. The
answer to the question whether some of these posts
may become redundant or not is that as and when
writservers reach the age of retirement their vacan-
cies will not necessarily be filled, and if after re-
organis4tion it is found that posts are redundant,
these posts will be abolished.
I have no doubt that the present system is in
need of reform, and that these writservers are com.
pletely run off their feet. Not long ago a case came
up for consideration of a writserver for the lower
St. Georg4 and upper Christ Church area. When 1
called for information as to what he had actually
done I was quite appalled at the amount of biking
and walking that the man had to do. He had to
4et up at unearthly hours of the morning in order
to catch the fisher folk and there was apparently an
occasion when he fell exhausted by the roadside.
As I have said, the Police Board went into the
recommendation and approved this increase. I think
that the figures showing the increase in the work
do indicate that this increase in the number of writ-
servers is necessary, and I move that the Council
concur in the Resolution.
Hon'ble J. A. Mahon seconded the motion.
The Resolution was concurred in.

RESOLUTION TO APPROVE: MOTOR VEHICLES
AND ROAD TRAFFIC (AMENDMENT) NO. 2
REGULATIONS, 1955.
The Hon'ble Senior Member Presiding called
the third Order--A Resolution to approve the Regu-
lations entitled "The Motor Vehicles and Road
Traffic (Amendment) (No. 2) Regulations, 1955."
HON'BLE R. N. TURNER: Sir,-The Motor
Vehicles and Road Traffic (Amendment) Regula-
tions, 1955, were made by the Director of Highways
& Transport on the 2nd of August, 1955. Hon'ble
members will remember that there was a crisis in the
Jaland at the time, and there was considerable doubt
as to whether on August Bank holiday buses would
be on the road at all. The Regulations which were
then framed were, through an error, based on the
Motor Vehicles and Road Traffic Regulations of 1937
which had in fact been repealed by the Regulations
of 1952. As soon as the the error was noticed, fresh
Regulations were drafted and approved by the Direc-
tor, revoking the previous ones, and adding one
clause which was not in the Regulations made on the
2nd of August.
Regulation No. 22 (a) (6) states quite firmly
that the Regulations will not apply to any motor
vehicle (a) licensed as a private motor car or motor
cab or motor cycle; or (b) in respect of, which the
owner has obtained from the Director a concession or
permit under Regulation 46. Regulation 46 applies
to buses.
If hon'ble members wish me to relate the rea
sons for these Regulations again I will be happy to
do so; but this Council has already approved them
iin precisely the same form with the exception of this
Regulation 22 (a) (6), and the fact that the previous
Regulations were inserted in a different part of tht
Parent Act which these have been put forward into
Part IV which relates to vehicles generally.
I move, sir, that the Council approve the Reso-
lution.
IHon'ble J. A. Mahon seconded the motion.
The Resolution was approved.

ITEM 12 TAKEN AS NEXT ORDER.

HON'BLE R. N. TURNER: Sir,-At the re
quest of Hon'ble Mr. Hutson who is with us.today.


408


OFFiICIAL 0AZEBTTE


MancH 14, 1957








MM~A.h 114. 19; 46


I ibve tlat itema 12 o the. Order Paper be bakea as
:he next Order of the Day.
FI6'Me F. C. HtLsoin seconded the motion.
Tl*e quIatir wa pAta and agreed to.
His Aonour the Senior Member called Item 11
as the next Order-Bill to an'eid and eonsolIdatt
the lews, relating to weights and measures.
HON'BLE F. HEUTSON: Sir,-In, ovina
the adoption of the Report of the Select Committee
which considered Tmis Bill,. I would line to comment
briefly on the reasons tor tne various proposed
amendments. The amendment to Clause 3 is for
the purpose of amending the definition of Imperial
-allon. I trust that hon 'le niembers will not ask me
to give an explanation on that, because I am unable
to do so. I can only say that the previous figure had
been used and recognized up to a comparatively re-
(ceIt date: but all the latest texts books, both British
and American give the figure proposed in the amend-
lmeit. It .is therefore considered that it should be
adopted in this Bill.
The second proposed amendmleut is to give thi.
6rovernor-iw-Eecutive Committee an opportunity to
give effect to the proposal of the Seleet Committe
that in the course of time the Imperial Gallon should
be- the statadard measure int this island and not the
Amnericanx Gallon. In the course of one of the meet-
ings of the Committee we had representatives of the
various oil companies in attendane andi they showed
us that thete- was no dificalty, with few exceptions
in coming into line with ,the other West I'ndian
isloads whith use the imperial Gallon. This amend-
ment is' merely to give the Government an opportun
ity of bringing tht. into forte when. and' if. they
desire! to do so. It wouMd bee something. pf which a
i-onsiderable amount of notice would have to be
gFreu. T'ie date that wA had in mind for bringing
the change into operation, was lst, of. April, 1957, s,
as to give .people plenty of opportunity to get the
new measures. We decided, however, that it is
matter that should be left for the bGvernment to de
cide whether to do it or not.
The reason for the proposed amendment to
Clause 16 is to allow the Government to exempt
various; or any parbicula~i undertaking that they
may wish to exempt. For example, the Wattrworks
Department has in fact been using the Imperial
(allbn sitoe its extension; and strictly speaking has
been, thus breaking the law. TBhese Regulations re-
felped, to, in the amendment will exempt the Water.
woaksi Department from using thie Ameriean Gallon
As, regards the next proposed amendment, it
is considered that the deletio, of ,the words suggestA
ed& wou d in fact make the clanse, more water tight
Then i- is proposed to delete (tCluse 138 li~caue it
cdboi flted that we shotil1d ct0e to sell b- thl
b'usllel wliici ias- theti to be 'it 'ito poto-ntd aild
iedividedo up. It is thoulgt fr abeter to'sel' By tfi t
po-hdi tthWigti 'Te bausel w4eght-.l a"tb do d it i
the weighing of limie. T1' ih' ibtioheii6liAt fdr tlint
.punupoe beoa'Aise qicaldime pa biftblarly is Some-
times- in larga lumps., It is felt that: fo weighing
InMe you should not use a. weight like the. bushel
y:hich. may vary from time to. t me,
do not think that thie remapder; o the amenI d
icut.. ppoposed liy the Committee. need anry cora
mpnt. They .are just for the purpose of re~umber-
ing olitases, chliigiiig dates etc.
I beo to move, sir, that tle Itelprt of th SeleIt
Omittemie bq adP ptwi.
Ifn'btie c 1.-alffon seoided;' t1 mt'otidti;:
'I~e question was pit' to'tlie i6bfterit'l'ad agreed

te' aNPBtIh tV. i H~UP80 W: S r,-nI vieW df1
the fact that the Bir a1 IIB#; i o gint th4tikhi' e it 4


fully, I moow that- it be read by the numniers of itl&
clauses instead of bti the tate.
Hon 'ble J. A. M;doer seconded the motio~ .
-The question was pt~t and' agreed to.
Clause 1 was called.
On the z btion of tth Honourable F. C. lftfHon
seconded by the HAonourable J. A. Mahon, the Clansi
w-as amended by the substittion' of the ffgeb
"1956" for the figures "1I981" appearing therein.
The clause" as amended' was read' amn ag~id to
Clause 2 was agreed to.
Clause 3 was celed.
On their motie of the Honourable F. C. Hutsoi,
seconded by theI Honourable J. A. Mhion, the outiM
was amendfedL-
(i) by the deletion of the words "two hun-
dred and' seventy-four one thous-
andths" appearing in line 11 to 12
thereof and the substitution therefbr of
the woidf--
"forty-two one hundredths",
(ii) by the substitution of a colon for the
fullstop appearing at the end thereof
and the addition' thereto of the follow-
ing:-
"Provided that if the Goverior-in-
Executive Committee shall by prolam-
atioa published in the Of'ii~k Gusette
declare that as from a; date spteieed in
the pr .laftio the g~llon~ the unit
or standard hieaufe of eapasity abfwell
for liquids as dry goods shall be a.irtit
or standard measure of the, saame..
paeity as the, said Imperial. gallon,
then as from :tbh date spegifie, ggs) well
for liquis- as dry goods shall tbpough-
out the island be of tho same- eapatiy
as the said Imperial gallon."
HON'BLE It, N.. 'TUIJNEIt : Sir,-My atten
lion has been. drawn to two points' by the ftowiv Law
Oflieerai. They have drawn, to my attention that in
this proviso the word "order" ismonre appropriate
in reference to the Exeeu'cive Committee than the
wod proclamation." VAlso that' the word!" de are"
iw the third line of the' provio should, be strukt out
and the wotd) "direct" be' subttituied therefxet.
I therefore beg-to: move that the Claiots be
further amenideS as fOlloVw:-
(ii) by the substitution of the word "'order"
forf the wordi "pr6clainatibn" whNeditP
it, oectcits in thit prviks to the dla'sep;
(ii) by the substitution of tie W~OM
"direct" for the word "declare" in the
second line of the provisb.
1Hou'ble F. C. Hutson seconded the motion.
9t'e qnestfin wat put to the Council' and agreed

HON'BLE : G4.. PD. t. 4aES: Sir,--If I ~* B
permit'Wdd to put iri a wo Wl aoout this' p Tio-I
would ask if ft~le Orbvernmefit hias 'eb oitllbrd what
should be done about mnljl whiich is sold by the old
wine gallon, which I be~ifire is the old English Gal
Ion, that being the reason why it has survived in
4prifea" ahd heie. *"hen I wa s in the bairy
Bkinhess- I triedA rhy. best to get a mniliine 9hi4i
vwol boe' adle to cap ottles witn alini
which woulnf nliee R, easieie to. pie n. tamper I
witl tile mhilJE T oT dl not get the nfMihine btanuse
they db 'nf mi~e tlt~ sizm oflbttble itt gingld tfod'kv.
T thin tiidd' to get taps which' iod euld' ie dt hf' t
Hi Eihisti' tafliiW, ut ?V dil' noit' siestfed' so
we had to go on using heard tops wlNil
hif~tl Wai+ eit ft ~ tai tfipo,4 iti"'tti il R alf' iW hichl


;0~2~'~'Zi~EBkt ~d~j~j~~L


4GB


Miami 1 34, IMP,








10- OFFICIAL 3 MARCH 14.195I


are not as sanitary as aluminium tops would be,
because the card tops have. to be put in by hand.
I do think that 'that should be a point for
consideration in respect of the proposed change in
the gallon. Of course dairy .people would have to
get new bottles and would suffer some amount of
loss, but bottles get broken so quickly anyhow, that
I do not think it would matter a great deal.
The clause as amended was read and agreed to.
Clauses 4 to 15 were called and agreed to.
Clause 16 was called.
On the motion of the Hon'ble F. C. Hutson,
seconded by the Hon'ble J. A. Mahon, the clause was
amended by the insertion in subclause (2) thereof
immediately after the word "regulations" appear-
ing therein of the words--
"exempting in whole or in part from the
provisions of this Act any undertaking or class
of undertaking specified in the said regulations
and may make regulations."
The clause as amended was read and agreed to.
Clause' 17 was called.
On the motion of the Hon'ble F. C. Hutson, seconded
Ly the Hon'ble J. A. Mahon, the clause was amended
by the deletion of all the words appearing in the
third line of sub-clause (1) thereof.
The clause :as amended was read and agreed to.
On, the motion of the Hon'ble F. C. Hutson,
seconded by the Hon'ble J. A. Mahon, clause 18 was
deleted from the Bill.
SOn the motion of the Hou'ble F. C. utson, sec-
onded by the Hon'ble J. A. Mahon, Clauses 19 to 36
inclusive were amended by renumbering them as
Clauses 18' to 35 respectively.
SThe clauses as amended were agreed to.
Clause 37 was called.
On the motion of the Hon'ble F. C. Hutson sec-
onded by the Hon'ble J. A. Mahon, the clause was
amended-
(i),by renumbering it as clause 36;
(ii) by the deletion of the figures "1955" ap-
pearing therein and the substitution there,
for of the figures-
"1956"
The, clause as amended was read and agreed to.
On the motion of the Hon'ble F. C. Hutson,
seconded by the Hon'ble J. A. Mahon Clause 38 was
amended by renumbering it as Clause 37.
The clause as amended was agreed to.
On the motion of the Hon'ble R. N.' Turner
seconded by the Hon'ble K. R. Hunte, the Bill was
read a third time, and on like motion, was passed as
amended.
ITEM 10 TAKEN AS NEXT ORDER

HON'BLE R. N. T.URNER: Sir,-At the re,
quest of Hon'ble/Mr. Hutson I move that Item 10
be taken as the next Order of the Day.
Hon'ble U. A. Mahon seconded the motion.
The question was put and agreed to.

MOTION

His Honour the Senior Member Presiding called
the tenth Order-Motion by the Hon'ble F. C. Hut-
son regarding Income Tax Relief for the owners or
properties damaged in the recent hurricane.
HON'BLE F.C. HUTSON: Sir,-With, refer-
ence to this Motion of mine I would ask that you give
instructions that the Reply of the HIonble Chief
Secretary be printed and circulated to hon'ble memra
bers.
Further consideration of the item was postponed


BILL TO AMEND CUSTOMS TARIFF ACT

His Honour the Senior Member Presiding called
the fourth Order-Bill to amend the Customs Tariff
Act, 1921.
HON'BLE R. N. TURNER: Sir,-The reason for
this Bill is that.interests in Trinidad have requested
the Government of that territority to consider an
amendment to their Customs Tariff law as regards
the import duty on rum so that the Trinidad Industry
can enjoy a measure of protection comparable to that
enjoyed in other Caribbean territories. In fact, the
import duty imposed on rum in Barbados is higher
than Trinidad's. If the Trinidad duty were raised
to the Barbados rate it would have a seriously ad-
verse effect on the importation of rum from Barbados
into Trinidad.
In 1954 Barbados exports to Trinidad totalled
$990,237 of which $948,906 was in respect of rum.
There was a 50 per cent increase in 1954 over
1955. I do not have the 1955 figures. On
the other hand Barbados' imports from Trinidad for
1953 were, all articles, $2,249,000 in worth. The
figures for 1954 were $2,412,000, so that it will be
seen that imports into Barbados from Trinidad of
all kinds is nearly four times as great as the amount
which goes from Barbados to Trinidad, and whereas
no rum is brought in from Trinidad to Barbados, the
exports of rum from Barbados represents almost the
whole of our exports to that colony. Since no rum
is imported into Barbados from Trinidad there will
be no harm to the interests of Barbados if the import
duty is lowered to the equivalent of the Trinidad
figure. No revenue will be lost in any way.
It is considered important that we should not
do anything which would militate against our nun
trade with Trinidad. Accordingly, this Bill seeks
to reduce the amount of import duty, and bring the
figure into line with that of Trinidad, taking into ac-
count GATT which forbids the increasing of exis-
ting marginal duty. It is pirposed that the rate of
duty against items "112-04.3 Rum not exceeding the
strength of proof" and "102-04.4 Rum exceeding
the strength of proof" should be $5.48 and $6.32 re-
spectively instead of $6.96 and $7.80 respectively ap
it is at present.
I move, sir, that the Bil) be read a second time
HON'BLE K. R. HUNTE: Sir,-I beg to sec-
ond that. This Bill is in line with other recom-
mendations that are being made to West Indian
Governments. 'We have several commodities in the
British Caribbean on'which varying rates of duty are
paid. The position in the British West Indies is not
at all satisfactory in this respect. Barbados has its
market closed to Trinidad, the Trinidad market is
closed to Barbados and the Jamaica market is closed
to the whole lot. The chief reason for that is that
there are varying rates of duty.
A recommendation should be made that all rates
of duty should be brought to the same level within
the area. If that happens, the market of each colony
will be automatically open to the rest of the area.
This attempt by Trinidad to raise the duty on rum
and bring it into line with Barbados is quite reason-
able. To avoid that, we are proposing to bring our
duty to their level. That is in line with the other
recommendations made to Governments all the timne.
At the Federation Conference in London there was.
some argument about Customs Union. I hope that all
representatives will make it clear that there can be no
real freedom of. movement of goods within the area
unless there is a Customs Union.


410


OFiFICIA~L GAZETTB


M ARQHC 14, 1957:


"








Msc 14, 9.5 O-'ICIL GAETT


HON'BLE E. S. ROBINSON: Sir, The
hou'ble member has said that these recommendations
,are being made to various West Indian Governments.
I would like to inquire by whom are the recommend
tions are being made. What body is responsible for
drawing the discrepancies between the rates of duty
to the attention of the various. Governments?
HON'BLE' K. R. HUNTE.: There are two
'bodies that have been drawing this matter to the at-
tention of the Governments. One of them is the
R.E.C. This question has been brought up on several
occasions by that body. The actual recommendation
I have mentioned came up at the Oils and Fats
Talks, which are usually attended by the various
Ministers of Trade. Automatically if the rates of
duty are brought to the same level preferential, it
adds up to the same whether the article comes from
outside or from within the Caribbean. That is the
position at the moment.
HON'BLE E. S. ROBINSON: I am glad to
hear that; because unduobtedly if there is no prefer-
ential treatment given to certain industries and all
are treated alike the. question of competition will
come into play and we might find that a commodity
will be sold at a cheaper rate than what it is sold at
today.
The Bill was read a second time.
On the motion of Hon'ble R. N. Turner sec-
onded by K. R. Hunter the Bill was read a third time
-and on like motion was passed.

i BILL TO AMEND CUSTOMS TARIFF ACT

The Hon'ble Senior Member Presiding called the
fifth Order-Bill to amend the Customs Tariff Act.
1921.
On the motion of R.. N. Turner seconded by
Hon'ble K. R. Hunts the Bill was read a first time.
HON'BLE R. N. TURNER: Sir, Hon'ble
members may remember that at the time when the
:state of emergency was being extended from month
lo month after the hurricane one of the reasons
given for the extension was in respect of rent control.
and the other reason was that there was no provision
in the Customs Tariff Act for the duty free importa-
tion of articles imported into this island by the Red
-Cross Society. Provision was made in the Emer-
gency Orders to cover the period of the emer-
gency; but when the state of emergency lapsed arti-
cles imported by the Red Cross Society ipso fact
became liable for duty. As it was decided that they
'should not be so liable this Bill was framed. Thai
is why there are two amendments to the Customs
"Tariff Act on the same agenda today. The last item
had already been framed and sent to the Legislature
before the state of emergency ended.
This island has in the past been known, as it
-were, as a "St. John's Island" and the British Red
'Cross Society has not played a very prominent part
-Owing to the size of the island it did not seem worth
while to have two bodies functioning wfth a similar
*purpose. As a result of the hurricane a vast number
of parcels have come in from the Red Cross Society)
for distribution to people in this island, and
clearly these articles should be allowed in duty free
So this Bill has been drafted so that articles imported
by the Red Cross) Society may be allowed in duty
free in the same manner as articles imported for the
,exclusive. use of the St. John Am'mlance Brigade.
I move that the Bill be read a second time.
S Hon'ble K L., 1inte seconded the'motion.
'The clauses of the Bill were read and agreed to


On the motion of R. N. Turner seconded by
Hon'ble K. R. Hunte the Bill was read a third time
and on like motion was passed.

BILL TO AMEND PETTY DEBT ACT, 1899

The Hon'ble Senior Member Presiding called the
sixth Order-Bill to amend the Petty Debt Act, 1899.
HON'BLE R. N. TURNER: Sir,-Executive
Committee was some what disconcerted a few months
ago to learn that money collected for payment in the
Debt Court can be left lying around at the office of
the Court and is not paid into the bank. The
amount collected has increased considerably within
the last few years and the amount in cash in the o-ce
at any one time can be as high as $2.000. Adminis-
trative instructions were given forthwith that the
Clerk of the Petty Debt Court should in fact deposit
money into the bank pending the enactment of Legia-
lation. This Bill gives effect to thel desire of the
Governor-in-Executive Committee to have legislation
covering the point.
I am sure that this Bill is not controversial, and
that members will agree that money in large quanti-
ties should be paid into the bank and not left lying
about.
I move that the Bill be read a second time.
Hon'ble K. R. Hunta seconded the motion.
The Bill was read a second time.
Clause 1 was read' and agreed to.
Clause 2 was read as follows:-
2. Section seventy one of the Principal Act is
hereby repealed and in.place thereof the following
section shall have effect-
71. (1) The Chief Clerk of the Bridgetown
Petty Debt Court shall deposit in a bank approved
by the. Judge, in his name as Chief Clerk of the
Bridgetown Petty Debt Court, all suitors' monies
coming into his hands.
(2) The several Clerks of the rural Courts
and the Chief Clerk of the'Bridgetown Betty Debt
Court shall pay over to the Accountant General to an
account to be styled the "Petty Debt Courts Money
Account" all suitors monies coming into their hands,
and not drawn within three months, and'such money
shall then be only payble by order of the Judge. All
monies remaining unclaimed after six years shall be
transferred by the Aecountant General to the ac-
count of "lGeneral Revenue."
HON'BLE V. C. GALE: Sir,-This clause re-
fers to the Clerk of the Bridgetown Petty Debt
Court. How about the other Courts in the different
parts of the island?
.HON'BLE R. N. TURNER: Clause 71 (1).
refers to the Chief Clerk of the Bridgetown Petty
Debt Court where the sum of money collected is in
substantial proportions. In the rural Courts ther-
is not that large sum of money. What I should
have said in my second reading speech, and which
I express regret for fiot having said is that clause
71 (2) covers a different point. Where suitors'
money is not called for it should be paid in to the
Accountant General to an account to be known as
the Petty Debt Courts Money Accounts provided
that it has been unclaimed for three months. It
will then be only payable by order of the Judge, and
any money which remains unclaimed after six years
shall be transferred by the Accountant General to
the account of General Revenue.
HON'BLE D. H. L. WARD: Sir,-I think
that clause 71 (1)! imposes a very cumbersome pro-
cedure. The money held by the Accountant General
should be payable by order of the Chief Clerk. It
Will not be always easy to get hold of the Judge.


; MAecii 14, 19,57.


OJIFFICIAL GAZETTE







or~rftlA4lL~ GAZIIFTTR


M ~cnH 14, 1067


After all, the money really belongs to the person to
whose' account it was paid in.
HON'BLE R. N. T T ER: On fthe other hand
I think it is wrong to allow money to be. drawn out
of accounts in the Treasury by an Officer of the
Court-in this case the Chief Clerk. I think that
I will have to oppose any suggestion to substitute
Chief Clerk for Judge. After 'all, the money is not
paid over to the Accountant General until' it has
been unclaimed for three months. That should al-
low amplk time for the money to bh drawn out in
most circumstances. 1' it is not then draws out
it is paid to the Accountant General. I do not think
that there is any ha~dchip in making it payable by
order of the Judge. I would not like to see that
authority in the hands of the Chief Clerk.
Clause 2 as; read was agreed to.
On the motion of noam'le R1 N. Thnmer seconded
by Hon'ble K.. Hunte the Bill was read a third
time, and on like motion was passed.

BILL TO AMEND JUVENILE OFFENDERS' ACT

His Honour te, Senior Member Presiding called
.t4Ha seventh Order-Bil, to amend the Juvenile Of-
fenders" Act, 1932.
On the motion of Hon'bl R. N. Turner second-
ed by ITon'ble K. R. Hunte the Bill was read. a first
time.
HON'BLE. X. N. TURNER: Sir, A case
cropped up some time ago. in which a. juvenile of-
fender was brought before the Court. It was not
possible to l'ear the case the same time as the Court
'ad' already recessed for" the day, apd it was not
possible to bring the cape before the Magistrate. In
the circumstances of that particular case there was
no one- found willing' to stand bail although the Po-
lice did not oppose ball There was no authority
to, send the offender to. the 'overmnent industrial
School and so he had to languish: in the custody of
1.he Police atthe' charge room of the Central Police
Station until-the MIonday when he was brought, be-
for the Magistrate.
This case was reported' to the. Government and
it wos, considered that provision should be inserted
in appropiate- legislation. fo the detention of chil-
dren and young, persons! who .have been, arrested
and who. cannot forthwith be taken, before the Mag-
.itrate or released on bail4 So Clause 2 (ii) of this
Bill seeks to amend the Juvenile, Offenders' Act in
order to empower the Police Officer not below the
rank of sergeant, or the officer in. charge of the sta-
tion to- cause the juvenile offender to be detained
at a Government Reformatory until he can be
bought before a Juvenile Court.
Clause 2 (i) of the Bill makes it clear that when
.the offender goes before, the Magistrate it is in a
Juvenile Copnt and not in the ordinary, Court. The
,word "Juvenile"'was inserted for the purpose of
clarification. I might mention a point which I my-
self noticed. In Clause 2 (ii) it is stated that the
juvenile should be detained, at a Government Re-
formatory, until he can be brought before a Juvenile
Court unless the officer ceitites that it. is impractic-
ble to. db so. I queried wh4t impractioability- would
be likely to arise, and the reaso was given-I think
it is an unlikely one-that, there might be an out-
breaK' of chicken pox or some other infectious disease
in the institution, or therenighi t be a hurricane
which might blow off te .top, of. the institution. It
seems to me. most. unlikely that it, will ever be iina
practicable, :but persons in a. better position, to, know
thlin I2 preferred from a ,abuundih ee of. caution to
insert' that proviso .
I move, sir, that the Bilt be read4a second time.
Hon'ble RI ThYnte seconded the motion.


HON LBIE G. 0. I. PIIA: Sir,-C- ase 2
(ii) (c) refers to the offender not being detained at
the reformatory if the state of his health iae it
inadvisable so- to detadin him.. What happens to him
in such a case ?
HON'BLaS D. k L, WARD: Sir,-I would
like to get some explanation of why the Offieer of
Poliee is restricted to, ai person not below the rank
of sargeaet. The neo point, is, in relatiop to the
Juvenile Court. In the country districts the Juven-
ile Courts only sit once a week if it is necessary.
That seems to be rather long time to detain a minor
in the Reformatory. He should be brought before
a magistrate as soon as possible. I think the IrF is
that an offender should only be in custody for 24
hours or for so long thereafter as it is necessary to
get him before a magistrate.
HQN'BLE R. N. TURNER: In answer to the
first point, it is a question of reading, the section in
the proposed Bill with the section inl the parent Act.
As regards the second point, I am not nearly
so versed as Hon'ble1 Mt. Ward. I did not know
that the Juvenile Court only met once a week. I
'thought that it met mofe often.
ItON'BuEB D, A WA-fiD: The, point iS that
if a youngster is detained at the Reformatory for a
longer period than is necessary before being brought
before the magistrate it may be illegal. According
to the circumstances a Juvenile Court may only
meet once a mon h.
HON'8LE Dr. C. H. St. JOHN: Sir,-In re-
gard to the point made by Hon"'bte r. Ward, it is
not fair to the juvenile. He may be charged with
some offence which is not serious. I think that the
Bill should be postponed, for further. consideration.
H ON''B1LE ; N. TUVRNE': 1.aceept the sug-
gestion.
HON'BLE J. A. MAHON: .Sir,-I can speak
for District D' where Court is only held tWice a
week-lMondays and Wednesdays. The JUivenie
Court' is always held when there is a ease to be heard.
I do see the point that if. a juvenile is apprehended
after the' sitting of the Court on Wednesday he, may
remain in the reformatory until the next Monday
morning,
HON'BLE R. N. T'ITRNER: When points of
this nature are raised. I usually sit back and allow
Hn 'ble Mr. Field to answer them. I gladly accept
the suggestion that further eonsideration-of the
Bill be postponed. Perhaps it can be proceeded with
at the next meeting of the Council after' further
investigations into the points raised'
I move, sir, that further consideration of the
Bill be postpon.ed..
I~on'bleI r. C. I', St. John seconded the ~itL
The question was put' to the Council''and' agreed
to.
BILL TO AMEND' GUARDI.VN\': 'PEiUCtTOtS,
ADMINISTrntA1ORSl AND TIfSTBIC' E9 ACT, 1891

1fis Hanour:the Senior Memberi Presiding called
the, eighth: Order-Biill to amend, the, Guardians, 's-
eeutors; Aidiinistretor aind T'DusteesAet; 1891 .
On the motion of Hot'ble R, N.; turnerr seconded
by H-an'ble 'K. R. Hunter the Bill, was, read a first
time. .
1ON'BLE 1R: N,. %PJBNEi ;.- .Sir,--This1 lgis-
lation has. been drafted at the-isttance of. one:o1' the
leaing ba.ks.(of this islkpd;- Trfe Objeots, an, QRas-
eps explain the.purpode ofthe Bill clearly., In Bhr-
badbs, apparently, ibnks a.re meeting- witlr some in-
convenience in regard to the adiniist'ati6n of
trust;, and 'the proposals of ilis iillI as set' ojt in the
Objects and- Beasons are; t~i thleK pvdtaipal Act
s uld, be amended along the. line, of the equivalent
English legislation.


UTIMCI_ QXXT







OFFI.C;ULL JAZpTTE


This is how the Objects and Reasons explain
the matter:-
It has been drawn to the attention of Govern-
ment that the Guardians, Executors, Administrators,
and Trustees Act, 1891 (1891-23) differs from the
corresponding English legislation in two respects
which cause inconvenience and difficulties with regard
to the administration of trusts. Under the English
law (Trustee Act, 1925, ss. 87 (a) and 39) trustees
may resign or be discharged from a trust provided
there are at least two remaining trustees, or the sole
remaining trustee is a trust corporation. In Bar-
bados, there must always be two trustees remaining,
even if the sole remaining trustee would be a trust
corporation.
2. In England there is also power for a trustee,
on leaving the country for a period longer than one
month, to appoint by power of attorney, any person
to exercise his powers during his absence (Trustee
Act, 1925, s: 25). There is no such provision in the
Act 1891-23.
3. It is considered that both these provisions,
which are also contained in the Trinidad Trustee
Ordinance (Cap. 8 No. 3, ss. 26, 38 (c) and 40)
would benefit the administration of trusts locally.
4. This Bill seeks therefore to amend the
Guardians, Executors, Adiministrators and Trustees
Act, 1891 accordingly. All the amendments follow
the English wording.
I move that the Bill be read a second time.
Hon'ble K. R. Hunte seconded the motion.
The Bill was read a second time.
Clauses 1 to 5 were read and agreed to.
HON'BLE G. D. L. PILE: Sir,-I would like
to draw attention to sub-clause 5 of Clause 4. I
apologise for not having drawn attention to it before.
It does not appear to have any sense in it at all. It
reads thus:-
(5) For the purpose of executing or exercising
the trusts or powers delegated to him, the donee may
-exercise any of the powers conferred on the donor
as trustee by statute or by the instrument creating
the trust, including power, for the purpose of the
transfer of any inscribed stock, himself to delegate
to any attorney power to transfer but not including
the power of delegation conferred by this section.
Can the Hon'ble Chief Secretary explain what
it means
HON'BLE D. H. L. WARD: Sir,-I think I
can assist. This sub-clause gives the donee the pow-
er to exercise the trust or powers granted by statute
to the donor, who is the original trustee. He can
only exercise those powers by statute. In the case
of powers conferred by the instrument, he can only
exercise them thus. The donee can in turn delegate
those powers to an attorney, but not the power of
delegation conferred by this section. This question
of an agent delegating power to an agent is very
rare in law. It cannot be done unless the law grants
special power to do it.
HON'BLE G. D. L. PILE: Will that include
the power of delegation given by this section? 1
must apologise for delaying the Council.
HON'BLE D. H. L. WARD: What the last
part means is that although the donee has power to
delegate to an agent for the purpose of the transfer
of inscribed stock, he cannot transfer the power of
delegation conferred by this section.
HON'BLE R. N. TURNER: I am deeply
grateful to Hon'ble Mr. Ward for taking on him
self the arduous task of explaining this sub-clause.
Clause 5 of the Bill was read and agreed to..
On the motion of Hon'ble R. N. Turner seconded
by Hon'ble K. R. Hunte the Bill was read a third
time, and on like motion was passed.


BILL TO AMEND MOTOR VEHICLES AND
ROAD TRAFFIC ACT, 1947
His Honour the Senior Memsuber Presiding called
the ninth Order-Bill to ame nd the Motor Vehicles
and Road Traffic Act, 1987.
On the motion of Hon'ble R. N. Turner seconded
by Honl'be KL B. Hunte the Bill was read a first
time.
HON'BLE R. N. TURNER: Sir,-This Bill
has two distinct and unrelated purposes. The first
purpose relates to plantation carts and trailers. In
the definition of "trailer" in the principal Act it is
,~tated that "trailer includes any vehicle trailed after
or propelled by any motor vehicle except a regular
plantation cart when attached to a tractor and used
to convey canes or other plantation produce and pro-
ceeding at a speed not exceeding five miles an hour."
Now this definition has in fact proved very
difficult, and it seems that certain trailers have been
regarded as plantation carts and taxed as such,
while yet others have been regarded as trailers. It
has been exceedingly difficult to find out what is a
regular plantation cart as distinct from a trailer.
As regards the point about proceeding at not more
than five miles an hour, in these modern times per-
haps plantation carts sometimes exceed that limit.
There has been some discussion and correspond-
ence about this unsatisfactory definition. Over a
year ago a discussion was held with the Ministry
of Communications, Works and Housing. Present
'vere three producers one of whom one was Hon'ble
Mr. Mahon. The other two were Mr. Lyall Sealy
and Mr. J. II. C. Thorne. There was a general dis-
cussion as to how the definition should be amended.
it was unanimously agreed that the best solution of
the problem would be to delete any reference to plan-
tation cart and make it pay the same rate of tax as
a trailer.
Then it was decided that the rate of tax should be
fixed at certain levels. Trailers not exceeding one
ton should pay a rate of 3, and for each additional
half ton or part thereof in excess of one ton, 'at the
rate of ten shillings. Trailers exceeding four tons
but not exceeding six tons at the rate of 4. 10s., and
trailers exceeding six tons should be charged in
half ton steps as at present.
There was some discussion subsequently about
plantations carts or trailers with a certain number
'f wheels, and it was eventually decided that as the
tax will be dependent on the weight of the vehicle,
the weight should be the determining factor instead
of how many wheels there are. That, sir, is the
purpose of one part of the Bill, and Clause 2 de-
letes the expression "plantation carts" in Section
z of the principal Act. Clause 5 relates to the same
point.
I must admit that Clause 5 is a little bit difficult
to follow. In Schedule 3 of the parent Act there
are various classifications of vehicles. There are
motor cars, motor cabs, motor cyles, and then there
is one dealing with vans, omnibuses, lorries, and in
the body of that reference is made to tractors. The
Legal Draftsman taking this opportunity to do
some tidying up, has changed the heading from
Vans, Omnibuses, and Lorries and adding the words
"tractors and lorries."
In sub-clause (iii) of Clause 5 the distinction
between trailers and plantation carts is removed by
deletion and then in sub-clause (iv) there is a sub-
heading setting out trailers in three categories based
on weight.
The second purpose of the Bill relates to the
International Convent on Road Traffic which was
drawn up at the World Road Conference held in
1949. It is extraordinary, but perfectly true, that
the state of affairs in Barbados is behind the rest of


44ea 14 1957








414 __ OFFICAI GAZETTE MAC 14 1


the West Indian Islands in respect of this Interna-
tional Convention. A resident of St. Vincent, for
example, can take his or her car to the U.K. having
obtained an Internaional Certificate, and can dash
along the roads of the U.K. with "W.V." on his
car showing that the car comes from St. Vincent.
There are reciprocal arrangements. If one goes to
certain parts of this Island one can see cars with
the letters "S.R." That does not stand for Soviet
Russian, but for Southern Rhodesia. Seventy-one
countries have now subscribed to, the International
Conference by which the owners of cars in these
countries and take their vehicles to other countries
which have subscribed to the Convention without
going through the red tape, of getting special certifi-
cates for driving his car, or getting a special driving
licence. They can get International Certificates and
driving licenses which are valid in most territories
for the purpose of the temporary period of the visit.
The Automobile Association of Barbados has been
pressing for some years for Barbados to subscribe to
this Convention, but it has not been possible for Bar-
bados to do so before our Motor Vehicles Regulations
of 1952 were brought into line with the terms laid
down by the countries which have subscribed to the
Convention. It may be asked why did not these Regu
nations come down before. For one reason, the mat-
ter did not achieve the necessary priority, and there
had been some difficulties in drafting, but the Bill has
now finally come forward in its present form.
Clause 3 relates to International Certificates and
temporary licences for motor vehicles. Clause 3-
27A. (1) reads as follows:-
27A. (1) The owner of any motor vehicle in
respect of which an international certificate for a
motor vehicle has been issued elsewhere than in the
island in accordance with the provisions of any Inter-
national Convention relating to the international
circulation of motor vehicles which shall have been
applied to the Island, shall whilst such certificate
remains valid and subject to such conditions as may
be prescribed, be exempted for ninety days (which
need not be a consecutive period) in any year from
any requirement to hold a licence in respect of such
motor vehicle.
Sub-clause (3) says:-
(3) No motor vehicle in respect of which an
international certificate or temporary licence has been
issued shall be used in this Island for hire or trade
purposes nor unless the owner has complied with the
provisions of the Motor Vehicles Insurance (Third-
Party Risks) Act, 1952. .
Then we have sub-clause (4) which provides for
a person in this island who wants to go out of the
island and take a motor vehicle with him to a coun-
try which adheres to the International Convention.
Sub-clause (5) sets out how the Commissioner of
police sets about issuing International Certificates
Pntd sub-clause (6) requires the Commissioner of
Police to keep, a record of all International Certifi-
cates issued by him and of all motor vehicles being
used in the island under the authority of Interna-
tional Certificates issued in bther countries.
Clause 4 of the Bill relates to international driv
ing permits issued elsewhere than in this island as
well as in the island. It sets out that the Commis-
stoner of Police shall issue this international permit.
Sub-clause 27A. (2) may be baffling to hon'ble mem-
bers. It has nothing to do with the international cer-
tificate, but was inserted by the Crown Law Officers
apparently because a, similar provision exists in the
Trinidad Legislation at the same point. It states.-


(2) Where a motor vehicle is brought into
the Island for the purpose of being used by the owner
(luring a visit, and the owner of such motor vehicle
does not hold an international certificate as aforesiad,
the Parochial Treasurer of the parish in which the
owner is residing may issue a temporary licence to
use the motor vehicle without registration or payment
of any fee for not more than three months and sub-
ject to conditions as may be prescribed.
That sub-clause has no reference to the rest of
ihe Bill, but it conforms with the practice in certain
of the other Caribbean territories, notably Trinidad.
On the recommendations of the Commissioner of
policee it was inserted in this Bill
If Hon'ble Members have any questions to ask
about this Bill I shall do my best to explain it further
At this stage I move that the Bill be read a second
time.
Hon'ble K. R. Hunte seconded the motion.
HON'BLE Dr. C. H. St. JOHN. Sir,-S'b-
Clause (2) says that a man may get a temporary
7icence to use a motor vehicle without registration
or payment of any fee for not more than three
months subject to such conditions as may be pre-
scribed. Do the last words cover all the provisions
of the Motor Vehicles and Road Traffic Regulations?
The next paragraph only says that he must comply
with the provisions of the Motor Vehicles Insurance
jThird-Party Risks) Act, 1952.
HON'BLE R. N. TURNER: If the Hon'ble
Member reads again he will see that no motor vehicle
in respect of which an International Certificate has
been issued shall be used for hire or trade purposes
nor unless the owner has complied with the provi-
sions of the Motor Vehicles Insurance (Third-Party
Risks) Act, 1952.
HON'BLE D. H. L. WARD: STr,-Sub-clause
(2) of clause 27A says that where a motor vehicle
is brought into the island for the purpose of being
used by the owner during a visit, and the owner of
such vehicle does not hold an International Certifi-
cate the Parochial Treasurer of the Parish in which
the owner is residing may issue a temporary licence
etc. Does that mean that this power on the part of
the Plarochial Treasurer is discretionary? The way
it reads it seems to be purely discretionary. It seems
that he can elect those persons whom he will allow to
use a motor vehicle without paying the necessary
licence. It seems to me that the Parochial Treasurer,
if he likes Mr. A, can grant him a temporary licence,
and refuse to grant one to Mr. B.
HON'BLE ;0. D. L. PILE : Sir.-I would like to-
endorse what the Hon'ble Mr. Ward has said. I do not
think that it should be left to the Parochial Treasurer
I think it should be a matter for the Police. I would
like to enquire whether the owner of a vehicle who,
is not registered will go on using the same marks as
jif he were in his own country. I think it would be
better if he had a special badge.
HON'BLE J. A. MAHON: Sir,-Dealing with
section 2 which amends the definition of "trailer"`
there are some points which I would like to raise. We-
-discussed along with the Director of Highways and
Transport the question of plantation carts which will
become subject to inspection annually and we asked
the Director what provision he would make for in-
specting them. The next point I would like to raise-
is that if a plantation has 16 of these cane carts, and'
you are only, allowed ro bring one at a time into
Bridgetown for inspection, it will take a long time to
bring them. The Director said that he would make p-:o-
vision to meet that point. I am not prepared to agree
to this Bill until I know what that provision is.


OFFICIAL GAZETTETF


MARCH 14, 1957


41~








MAC 4 97OFCA AET


Again, I see no provision in this amending Act
for the one-axle two-wheel trailer. They do exist .nd
there will probably be more of them; but this Bill
makes no provision for them. In Section 14 of the
1952 Regulations there are certain specifications with
which trailers must comply. We have been calling
these vehicles cane carts for many years and I would
like to draw to the attention of the Hbn'ble Chief
Secretary that if this Bill is passed the Government
would have to give the owners of these carts a cer-
lain amount of time to get the necessary equipment to
comply with the definition of "trailer", because they
do not comply with that definition today. If that
time is not given it will mean that several plantations
would have their entire equipment thrown out of
operation. The plantations must be given ample
notice.
There is a point which the Coiimittee brought
up with the Commissioner of Police. That deals with
the number plates. Section 9 of the principal lct
says that number plates must be fitted to the trailer
on the rear of the vehicle. As we drew to the atten-
lion of the Commissioner, if you have 16 trailers, and
two tractors pulling them, the two tractors can have
different registration numbers. One may be X-50,
and the other may be X-500. If the law says that
you must put a number plate on the trailer, when it
comes to interchanging trailers in the cane field it will
lead to much trouble to see that the right trailer goes
behind the right tractor. We have brought to the at-
tention of the Commissioner that there should be
some means whereby the Police can know whether the
law is complied with. Dealing with licensing
under Section 26 of the Principal Act, that sectioii
says that licence cards must be obtained from the
Parochial Treasurer and affixed to the right side of
the vehicle to the front. The only thing that can go
on a trailer after it is loaded is canes.
Another point that I would like to raise comes
under Section 14 (3) of the 1952 Regulations. This
exempts agricultural equipment from complying
)with certain regulations. It definitely says that agri-
cultural equipment is exempted. If this Bill is nass-ed
it will completely contradict that exemption 'n the
regulations.
Those are the points which I can remember now.
There are probably more than I have overlooked. I
think that this Bill should go to a Select Committee.
I also feel that it should go to the Committee before
the second reading is passed. There are some im
portant points in it, and I am not prepared to vote


for it until those points are clarified. I am asking
other members to join with me not to pass this Bill
at this stage. If it is impossible to amend it to meet
the points I have raised, I think it will bq better to
throw it out and allow the Government to bring a
fresh Bill.
I move that the Bill be referred to a Select Com
mittee at this stage.
HON'BLE Dr. St. JOHN: I do not see why the
Government should have included matter dealing, with
trailers in a Bill dealing with road convention certifi-
cates. Obviously, what the Hon'ble Mr. Mahon says
is reasonable,
Hon'ble E. S. Robinson seconded the motion.
The question was put to the Council and agreed
to.
THE HON'BLE SENIOR MEMBER PRE-
SIDING: Subject to the approval of the Council
I appoint the following to be members of the Select
Committee:-
S Hon'bles G. D. L. Pile, J. A. Mahon, E. S..
Robinson and D. H. L. Ward.

RESOLUTION FURTHER POSTPONED

The Hon'ble Senior Member Presiding called
the eleventh Order-A Resolution to place the sum
of $7,050 at the disposal of the Governor-in-Eecutive
Committee to supplement the Estimates 1955--56,
Part II, Capital, as shown in the Supplementary
Estimate 1955-56, No. 27, which forms the Sched-
ule to. the Resolution.
S HON'BLE R. N. TURNER: Sir,-I move that
further consideration of this item be postponed.
HON'BLE Dr. C. H. St. JOHN: Sir,-Why
is this Resolution being kept on the Order Paper.
I think it is ridiculous. Obviously the Government
has no intention of proceeding with it.
HON'BLE R. N. TURNER: The reason for
not proceeding with the Resolution is that no firm
decision has yet been made about the nature of the
hew Hospital. If this decision should be to go ahead
with the plans approved in 1954 then this Resolu-
tion will be proceeded with.
Hon'ble K. R. Hunte seconded the motion.
S The question was put and agreed to.

ADJOURNMENT
On the motion of Hon'ble R. N. Turner seconded
by Hon'ble K. R. Humte the Council adjourned
sine die.


I MARcii 14, 1957


OFFICIALS GAZETTETT




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