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 Main
 Draft Bill: Small Charges Act (Amendment)...
 Draft Bill: Magistrates' Criminal...
 Draft Bill: Diplomatic Privileges...
 Draft Bill: Development Loan Ordinance,...
 Draft Bill: Hydro-electric Ordinance,...
 Draft Bill: Praedial Larceny Ordinance,...
 Draft Bill: Village Councils (Amendment)...
 Draft Bill: Abolition of Corporal...














Group Title: Official gazette, Dominica.
Title: Official gazette - Dominica
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076862/00078
 Material Information
Title: Official gazette - Dominica
Physical Description: v. : ; 31 cm.
Language: English
Creator: Dominica
Publisher: s.n.
Place of Publication: Roseau
Frequency: weekly
regular
 Subjects
Subject: Politics and government -- Dominica   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
Dates or Sequential Designation: v. 1- April 5, 1865-
 Record Information
Bibliographic ID: UF00076862
Volume ID: VID00078
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000976222
oclc - 01670671
notis - AEV1925

Table of Contents
    Main
        Page 64
        Page 65
        Page 66
        Page 67
        Page 68
    Draft Bill: Small Charges Act (Amendment) Ordinance, 1951
        Page A 1
    Draft Bill: Magistrates' Criminal Jurisdiction Extension Ordinance, 1951
        Page B 1
    Draft Bill: Diplomatic Privileges (Amendment) Order, 1951
        Page C 1
        Page C 2
    Draft Bill: Development Loan Ordinance, 1951
        Page D 1
        Page D 2
    Draft Bill: Hydro-electric Ordinance, 1951
        Page D 3
        Page D 4
        Page D 5
        Page D 6
        Page D 7
        Page D 8
        Page D 9
        Page D 10
        Page D 11
        Page D 12
        Page D 13
        Page D 14
        Page D 15
        Page D 16
    Draft Bill: Praedial Larceny Ordinance, 1951
        Page D 17
    Draft Bill: Village Councils (Amendment) Ordinance, 1951
        Page D 18
    Draft Bill: Abolition of Corporal Punishment (Amendment) Ordinance, 1951
        Page D 19
Full Text


















Dominica.


Official


Gazette.


.ubliebeb by2(ut borit P


VOL. LXXIV


ROSEAU, MONDAY, MARCH 19, 1951..


Government Notices.

Administrator's Office,
9th March, 1951.
REPORT OF THE COMMISSION ON
THE ESTABLISHMENT OF A
CUSTOMS UNION IN THE
BRITISH CARRIBEAN AREA.
THE following despatch from the Secre-
tary of State for the Colonies is published
for general information:-
71295/19/50 COLONIAL OFFICE,
WINDWARD The Church House,
ISLANDS Great Smith Street,
No. 127 London, S. W. 1,
22nd December, 1950.
SIR,--I have the honour to refer to the
Report of the Commission on the Estab-
lishment of a Customs Union in the British
Caribbean Area, which is to be published
on the Ist February, 1951.
2. This Report, which is a worthy com.
panion to those of the Standing Closer
Association Committee and the Commis-
sion on the Unification of the Public Ser-
vices, merits the most careful and serious
consideration. For it will be recalled that,
in paragraph 10 of the Memorandum on
Closer Association orf the British West In-
dian. Colonies, which formed an enclosure
to my predecessor's circular despatch of
the 14th February, 1947 (Cmd. 7120), it was
stated that "probably no other single re.
form would bring such benefit .to the
S colonies concerned as the establishment of a
full customs union,or at any rate a common
customs tariff". Furthermore, the Stand-
ing Closer Association Committee express.
ed the view that a customs, union s. "the
foundation of a,federal structure" (para-
graph 30 of the Committee's Report).



'4 7/o


3. The fiscal Sub-Committee appointed
at the Montego Bay Conference in 1947 to'
submit proposals on the question of cus-
toms union recorded, in paragraph 12 of its
Report, that the establishment of a customs,
/union would result in :-
(a) the encouragement of inter-colonial
trade; which would naturally be
duty-free within the union;
(b) the establishment of uniformity in
tariff rates and customs administra.
tion;
(c; increased efficiency in the collection
of revenue;
(d) the strengthening of the position of
the British Caribbean territories as
far as bargaining power is concern-
ed in relation to international trade
agreements;
(e) the encouragement of local indus-
tries.
The Commission readily subscrii-.s to
the Fiscal Sub-committee's views, observ-
ing that "Freer commercial exchange be-
tween the British Caribbean territories
would undoubtedly foster a more varied.
economy throughout the area." It also
expressed the view that the establishment
of a customs union is not dependent on
political federation, but that it wculd 'in-
evitably tend towards creating conditions
inviting closer political unity"(paragraphs
11, 12 and 63 of the Report).
4. Although the Commission .indicates
a method by which a customs union might
be achieved in stages, it feels that since
the obstacles to be overcome in its estab-
lishment are so few and the desire for an
early measure pf fiscal and economic unity
so general, anything in the nature of a
transitional period is neither necessary
nor expedient; it recommends, therefore,
the establishment at, the earliest opportu-


No. 14


A










65 OFFIAAL GAZE'TE, MONDAY. MACICH 19, 1951:


nity of a custorns union embracing all the
British Caribbean territories, with the enx.;
ception, fer the time being, of the British
Virgin Islands and the Jamaican Depew
dencies of the Cayaan and the Turks and
Caicos Islands(paragraphs71 and 136-140).
5 One of the most valuable of the Cohi.
mission's achievements has been the pre-'
paration of a common tariff structure and'
a common classification for trade statistics
(paragraphs 32-43) In this connection,
however, J must draw your attention to
the following points. The Commiss:in
took as the framework for its tariff struc-
ture and statistical classification (part I of
the First Schedule to the Draft Ordinance
at Appendix B), the Minimun L:st of
Commodities for International: Tride
Statistics published by the League of
Nations in 1938, anticipating that the
revised version of it, on which the United
Nations Statistical Commission was engag-
ed when the Commission was' at work,
would emerge with comparatively feve
changes, thus making it a relatively Isim-
pie matter to align, the Commission's
recommendations with the United Nations
List when it was published. The United
Nations Statistical Commission has now
completed its labours, and its lists, which
is called the "Standard International Trade
Classification", was approved by the Eco.
notic and: Social Council in July. Unfor.
tunately it represents rather more, of a
departure from the. League of Nations
"Minimum List" than the Commission had
any reason to expect. His Majesty's Gov-
ernment have not yet made known their
views regarding a possible change-over
from the present classification used in the
United Kingdom for primary statistical
purposes,to the new "Standard Interna.
tional Trade Classification," was approved
by the Economic and Social Gouncil in
July. Unfortunately it represents rather
more of a departure from the League of
Nations "Minimum List" than the Com-
mission had any reason to expect. His
Majesty's Government have not yet made
known their views regarding a.possible
change-over from the present classifica-
tion used in the United Kingdom for pri-
mary statistical purposes to the new
"Standard International Trade Classifica.
tion." (I might mention here that the
Colonial Government Statisticians, at their
conference in March, were not able to
consider the final draft of the United
Nations Classification as it was not availa-
ble to them at that time; they did, how-
ever express the view that the extefit to
which such a clasification was used by the
United Kingdom would influence colonial
territories-see paragraph 24. of the
Report on the Conference, enclosed
with my circular despatch' of -the
31st August, 1950.) 1 am hopeful that a
decision by His Majesty's Government will


not be l-ng delayed, and I will communi.
cate it to you with my comments as soon
as possible.' Meanwhile, I am unable to
give yoUt any- guidance other than that
His Majesty's Government would not
faVbri,' the adoption at this date of the
old' "'Mitirnin~ List" for tariff or statisti-
cal purposes,
6. The.Commission's proposals for a
comrnmon tariff. (paragraphs' 73 to 89).
particularly those relating to margins of
prefer'hce '-represent, in my opinion, a
reasonable balance in general conformity
with the spftft of tlh General Agreement
on Tariffs and Trade But you will be
aware that, under Article XXI\' '7) of
that Agrelrmenrt -as. amended see page
34 of (md, 80(48 revisionon l Consdlidated
Text of the General Agreenment'on Tariffs
and Trade and Texts of Related Docu-
mbrits'. cipiesof which were transmitted
to Colonial i-overnments unde- cver of
my circular.savi-gram of the 24th Novem-
ber, 195t). it is necessary to submit- ar'v
plan adopted for the establishment of a
S Customs Union to the C:onrtlating Pa ticki:
for their approval; and there is always the
possibility that they may ask for modi'
cations..

7.: Paragraphs: 17-19 of the Repo.rL
deal with the question of free trade and
its effect on reveides. Tlis" aspect of
customs union will' neeil to recpike very,
S close attehti n sinceltthe establishment of
a free trade area .would result in a loss of
revenue to pach colony in respe&iof the
duties hitherto collected On dutiable gondIs
imported from or exported to other mtine
ber colonies.' It is however, to be noted
that the Commission consider that while
the loss could to some extent be reduced
by the levying of excise duties on the
liners proposed in' Ch pter'V of the Report,
and" to-a lesser extent by- reserving to
member edlonies the right to continue to
levy export duties as indicated in Chapter
VI, it would probably, in the main, be,
more than met by the operation of a
scientifically balanced common external
tariff.
8. I do not propose at this stage to
comment-:io any detail on the Draft Model
Customs Ordinance or the Draft Customs
regulations which form Appendices 3 and
C to the Report. There are, however,
various pointsin them which would require,
consideration, ,and I should, therefore,
wish- to be given an opportunity of study-
ing in draft any legislation which might
be contemplated.'
9. In paragraphs-44-to 49 the Commist
sidn make various proposals; for the
mechanical and'centralised compilation of
trade and revenue statistics, the adoption
of which should effect considerable im*
provement on existing procedure. ,Recent
developments,, however, bring a new pos-
sib;lity into consideration -that work on










OFFICIAL GAZETTE, MONDAY MARCH', 191951.


Admtnistrator's Office,
S19th March, 1951,
ORDER OF THE DAY

For a Meeting of the Legislative
Council to be held at the Court House,
Roseau, on Tuesday, 27th March,
1951, at 10.30 a.m.
1. Prayer.
2. Confirmation of Minutes of meeting
held on the 24th of August, 1950.
3 Papers to be laid :-
Statutory Rules and Orders Nos 31, 33,
34 and 35 of 1950
Statutory Rules and Orders Nos. 1, 3,
4 and 9 of 1951.
(a) Est'matesofLaPlaine Village Board.
(b) Report on Agricultural Department
for 1949.
(c) Report on Police Department for
1949.
4. Notice including' those of question to
asked.
5. Questions to be asked.
6. .Motions -
(a) Official:
Resolution re Customs Duties.
,, ,, Agricultural
Scholarship (Amendment) he-
gulations.
(b) Un-official:
Resolution t" be moved by
Honourable C A.H. Dupigny
re Unification of Public Ser-
vices in the British Cari bbean
Area.
Resolution to be moved by
Honourable G. Austin Wins-
ton re Customs Union Com-
mission Report.
7. BILLS:-
(1) The Abolitionof Coporal Punish-
ment (Amendment) Ordinance.
1951.
(2) The Praedial Larceny Ordinance,
195L'
(3) The Magistrates Criminal Juris-
diction Extension Ordinance,
1951.
(4) The Small Charges Act (Amend-
ment) Ordinance, 1951.
(5) The Diplomatic Privileges
(Amendment) Ordinance, 1951.
(6) The Wireless Telegraphy Act'
1951.
(7) The Road (Amendment) Ordi-
nance, 1951.
(8) The Emergency Powers (Hurri,
carie,Earthquake, Fire or Flood)
Ordinance, 1951.
(9) The Village Councils (Amend-
ment) Ordinance, 1951.
(10) The Income Tax Ordinance, 1951


(11) The Hydro-Electrie' Ordinance,
1951.
(12) The Emergency Powers Ordin-
ance, 1951.
(13) The Development Loan Ordin-
ance, 1951.
9. Other Business.


By Order,
L. ACHILLE PINARD.
Acting Governmet 1 renettry.
Roseau,
Dominica'B.W.I.
6th March, 1951.
THE DOMINICA BANANA
ASSOCIATION-
The Annnal General Meeting of the
Dominica banana Association will be held
at the Imray Merrorial Schoolroom on
Wednesday, lFth April, 1951.
Agenda
1. Confirmation of Minutes
2. Chairman's Report
3. Accounts
4. Election of Six members to serve
on the Board of Management for
the ensuing period of tweive
months.
5. Any other business of which due
notice shall ha^'e been given.
J. H. C GRELL
ecr eiury.
358/51
TREASURY DEPARTMENT,
DOMINICA.
5th March, 1951.
THb following articles from damaged
parcels from Curacao remain unclaime
at the Treasury. Persons having claim to
any of the articles should apply at thL
Treasury and submit proof of such clai.a
before the 30th April, 1951.
1 Hair brush
1 Hohner Mouthorgan
1 Pair earrings (marked Mama)
1 ,, ,, ( ,, Iris Laurent)
1 Bottle Dettol
W.H. SWEETING,
Financial Secretary.
398/51-1.
SALE OF PROPERTIES FOR
THE RECOVERY OF TAXES
Provost Marshal's Office,
Dominica,
13. 3. 1951.
TAKE NOTICE that the sale of uroper-
ties for default of Land and House Taxes
at the Sub-Treasury Portsmouth on Thurs-
day the 22nd March 1951 at 10 o'clock in
the forenoon has been postponed to Thurs-
day the 26th April 1951.
T. A. BOYD,
Rrovost Marshal


----- 9 ...._~1










OEPIG1AL G&7jET;DF., MONLPAY, MWGCEJ,19,, 1pl.


centraiid:d mnephanical tabulations could
be shared between Jamaica aqdo Trinidad.
As regards the statement in paragrwah 49
that "in regard to the foem.in..which sta-
tietioal' material when- abstrEated can
best be presented, the amtnipsj.on under-
stands that the question is, at prepwnt-
receiving consideration by the Colonial
Office", it will be recalled .that at the
above-mentioned Conference of Colonial
Government Statisticians, it was agreed
"that a uniform layout of Trade Accounts
was roti essential at the present time,
although, some degree regional uniformity
was desirable" (paragraph 26 of the
Report of the Conference).
10. The Report is now to be.considered
by the Legislatures. .1realise, of course,
the very substantial task they already
have in hand in their examination of the
two other Reports mentioned in para-
graph 2 ab ve: but I hope that it will be
possible for them to address themselv.s
to the study of this Report in the near
future and IshallJ await outcome of their
delileratcins with gi.eat interest The
decision as to whether or not a customs
union shall be established rests primarily
with them; and His Majesty's Government
does not. wish to prejudge or influence
their decision Tne Legislatures may find
it convenient to confine themselves for the
time being to the consideration of the
main issue, namely, the desirability and
practically establishing of a Customs Union
in the ligit of the arguments and factors
set out in the Report. If, as I hope may be
the case, they all agree to the establishment
of such an Union, I would suggest that
the Ietails might be worked out by a
committee containing representatives of
the various territories, possibly the pro-
posed regional economic committee re.
ferred to in my despatch No. 112 of the
17th November, 1950, if it is decided to
establish that body Meanwhile, if there
is any assistance which I can render to
governments in this matter by way of
advice or'in any other form, I shall be
most willing to give it
11. I am sending copies of this des-
patch to all West.Indian Governors, and
also, for information, to the Comptroller
of the' Development and Welfare Or-ianis-
ation and to the Colonial At:ache at the
British Embassy. Washington.
I have the honour to be,
Sir,
Your most obeeidnt, bumble servant.
J. GRIFFITHS.
C 96/48.
Administrator's Of;ce.
:1Sh March, .1951.
His Honour the Adninistraior has been
pleased to.pgrant 1the Honourable Mrs.
ELMA NAPIER leave of absence as a mem-
ber of the Legislative Council from the
8th to the 16th of March, 1551.
977/47


iiAdi,,'' slt..r's Ofice,
17th' March, 1951.
THE following particular relating to
apoointmonts-.ete. in.the, lubli'c service
ri publiahe. fup gentrri inrfir.r)ation :-
LSAL 4rs S, ,, Q. .., C)lss I,
Telephlorie Operlator. Public' Woi ks
Department \acirimn lfae' iP'om 8th
Mar-ch to 3rd April, 1t95i inclusive.
E. 277
STEPM'%N,. .I,' Senior' Agriiultural
Instructor, vacati4)n leave' front 8th
March to 19th July, lil&' mr,.lus,'e.
E. 212
WINSToN. Mrs A.C Third; Class-. lerk,
Labouar Oflce, (seoti(ned; for' l.tty
Social Welfare Office); vacation leave
from Ist' March to 20tth. April, 1 51
inclusive;
E. 526
-----
Admtinistato 's (:,;r.e,
17th March, 1951.
The undermentioned draft lills which
it is proposed to introd geed la the Legis-
lative Council, are published f'r general
information with tuis isqe .of the Ofiic'il
Gazette; -
103;9/50 An Ordinance to amend further
the Small Unatges Act, Cap 67.
1098,50 An Ordinance to extend the cri-
minal jurisdiction of Magistrates.
594/46 An Ordinance'to a:end the Dip-
.plomatic Friviieges Ordinance,
1948.
376/51 An Ordinance to make provision
for.raising a loan for an amount
of one'ifllliin nine hundred and
twenty thousand dollars for the
purpose of financing development
scherries fi the Coiouy.
1051/50 An Ordinance to implement an
agreement with the Colonial De.
development Corporation for tae
construction, maintenance and
operation ot' Hydipo-electric works
in the Colony of Dotminica.
525/50. An' Ordinawe e t6 make provision
for the t'rotectiun of Praedial
Produce.
629/49- & 14017/47. An Oidjoance to
amend fairther The Village
Coeanetls Ordl :ance. 31p l8.
36;/39. An Ogdinance to amend the
.Abolition of Covrrpral Punish-
ment Ordinance. Id51.
Ailm tnistrator's, iO.ice
ltihn March, .951.
IT is hereby notified for general inform-
ation that a meitinig Gf 'the Legislative
Council of thns-Colony will be held at the
Court House, .Roseau. on TueSday the
27th of fiiarcb, 1.51, at lio 40 a im
Tnae Order of.the)Day ,for thji meeting
is uiiblished with* this issue&1' tneOffJiciat
Gazctte.
a 22/51.


-_--J. 5-'









QWFICIAL GAZETTE, MONDAY, MARCH 19, 1951.

In the Supreme Court of the Windward lelands
and Leeward Islands,
Dominica Circuit
(Appellate Jurisdiction)
No. 10 of 1950
BETWEEN
J. P, JMATTHW .
Appllant
AND
THE SUPERINTENDENT OF POLICE
Respondent
Before Mr. Jastlee Date.
6. A. James for Appellant.
The Crown Attorney for Respondent.
The 5th day of Mareh, 1951.
DATE, J.: THIS is an app-al against a judgment of the Magistrate of
District "F" whereby the appellant was convicted of stealing a cutlass and
basket, the property of Peter Noel, contrary to section 31 of the Small
Charges Act (Cap 61), and was ordered to pay a fine of twenty dollars or
serve a sentence of two months imprisonment with hard lab ur.
The salient facts of the ease are simple. On the 27th of September,
1950, Thomas and Paul Noel, aged thirte en and eight years respectively, the
sons of Petter Noel, went to a certain garden which their father claims to
be his. The appel.ant met them and an argument e sued as to whether
their father had any land in that area. In the course of the argument the
boys cursed the appellant and he took away their cutlass and basket. In
his evidence, which appears to have been accepted by the Magistrate, the
appellant stated that he told the boys to go and tell their parents to come
and discuss the matter with him.
Doubtless a trespass was committed by the appellant; but what the
Court has to consider is whether the trespass amounted to larceny in law.
Was there the necessary animus fu,'andy?
The following pas-age is taken from Archbold's Pleading, Evidence and
Practice in Criminal Cases (blst ed) at p. 491:-
"Larceny at common law may correctly be defined thus: the wrongful
or fraudulent taking and carrying away the personal goods of another, from
any place, with a felonious'intent to convert them to the taker's use, and
make them permanently his own property, without the consent of the owner
............................; the 'intent' being to deprive the owner, not
temporarily, but permanently of his property."
It seems to me that there is no evidence whatever in this ease from
which it might reasonably be inferred that the appellant intended to deprive
Peter Noel permanently of the cutlass and basket. There was nothing
clandestine about his behaviour; he took the things from the boys, who are
well known to him, in broad daylight; and he clearly intended to hold t-em
as a lever for compelling the boys' parents to come and discuss the land
question with him.
This appeal must therefore be allowed and the conviction quashed. [
make no order for costs.


Printed at the BULLETIN OFFICE, Rosean, by-G. A. JAMES -By Authority


"~"'~ r- -,,_ ~.._..~~___







1951


SMALL CHARGES ACT

(AMENDMENT)


ORD


DOMINICA.

ORDINANCE NO. OF 1951.
I assent

1951. Governor,
AN ORDINANCE TO AMEND FURTHER
;'iHE SMALL CHARGES ACT, CAP. 67.
(Gazetted 1951)
BE IT ENACTED by the Governor with the advice
and consent of the Legislative Council of Dominica as
follows :-
1. This Ordinance may be cited as the Short ttle.
SMALL CHANCES ACT (AMEN DMENt4) ORDI- Cap. 67
NANCE,. 1951. L. I. Act.
No. 2/1931
and shall be read as one with the Small Charges Act No. 4/1932
and all amendments (nereinafter referred to as the No 7/1933
Principal Act.) No 2 1936
2. Subsection 2 of section forty-four of the Princi- D/ca. Ord.
pal Act is hereby repealed and in' place thereof the fol-' No. ,9/19"9.
lowing subsection shall have effect :-
(2) Any person having or having had in his Amendment
possession in any manner or in any place section
anything which may reasonably be suspec- Cap. 67
ted of having been stolen or unlawfully
obtained, and who shall n6t give an account
satisfactory to the Magistrate as to how he
came by the same, shall be liable to a fine
not exceeding Fifty Pounds or to imprison-
ment with or without hard labour for
any term not exceeding twelve months.
Provided that such person shall not be
liable to be convicted under this subsection
if he proves that he had or has had posses-
sion of such thing for more than three
months.


1099/50 Passed this


day of


1951.


Clerk of the Legislative Council.
OBJECTS AND REASONS
The object of this Bill is to extend the application
of the original subsection and increase the penalty ,in
order to combat praedial larceny more successfully in
accordance. with the recommendations of the Praedial
Larceny Committee.


W-'i,
t.
*~ *.E: i.'-


C, ADDISON HARNEY,
Crown Attorney
*t .-~ .- : *, ...'


I..1 1







95 I MAGISTRATES' CRIMINAL ORD,
JURISDICTION EXTENSION g





DOMINICA.
ORDINANCE NO. OF 1951.
I assent

,1951. Governor.
AN ORDINANCE TO EXTEND THE CRIMINAL
JURISDICTION OF MAGISTRATES.
(Gazetted 1951)
BE IT ENACTED by the Governor with the advice
and consent of the Legislative Council of Dominica as
follows :-
1. This Ordinance may be cited as the
MAGISTRATES' CRIMINAL JURISDICTION EXTEN- Short
SION ORDINANCE, 1951
2. Notwithstanding the provisions of any Act, Extension
Ordinance or other law to the contrary, the Magistrates' of urisdic.
tion of Ma-
criminal jurisdiction is hereby extended. to include all gistrates
gistrates
matters in which the value of the property concerned
does not exceed ninety six dollars.
Passed this day of 1951.

1098/50 Clerk of the Legislative Council.
OBJECTS AND REASONS.
The object of this Bill is to extend therjurisdiption
of Magistrates' in criminal cases to give effect to the
recommendations of the Praedial Larce'ny Committee
contained in their Report dated the 17th day of April,
1950.
C. ADDISON HARNEY,
Crown Attorney,








_aL, DPL MTaI I !f PEIVILEE .E QE.S




DOMAIN ICA

ORINANCE NQO... OF 1951,
I. assent
*........... ... ......,.... ......
S1951. Governor.
jANO,.QRQDJAANCF .TO. AMEND THE DIPLOMATIC
.Yltedu4iGES .QORD ANEi .1948. -
(Gazetted 1950) Short Title.
BE IT ENACTED by the Governoi, with the advice and Ord. 12/1948
consent, of the Legislative Conucil-of Domniica as follows :-
1. This Ordirrahee may be cited as the
DiPLOMA TIC PRIVIL E ES (AM ENDMENT):.ORDI. Amendment
of secti-on
-NANCE. 1951. 3 (2) (b) &
S and shall be rad as'6ne' with the DiplOmntic Privileges Ordi (cdi of n.
nance, 1948 (hereinaftei referred to as the principal'Ordinance)
2. Paragraphs'(b) and (c) of subsection 2'of section three
of the principal Ordinance are hereby repealed and the following
substituted therefore -
(b) confer upon -
(i) any persons who are representatives
(whether of governments or not) on any
organ of the organisation or are members.
of any committee of the oigiinisation or of
an organ thereof
(li) sudh number of officers o"the organisation
as may be spedified' in the Order, bhiig
the holders of such high officeses in Ithe
''rganisation as may be so specified; and
(iii) -such persons employed on missions on
behalf of the organisation as may be so
specified;
to such extent as may be specified in the Order, the inmuuni-
ties and privileges set out in Part II of the Schedule to the
principal Ordinance.
(.) confer upon such other classes of officers and
servants of the organisation as may be specified









1951 DIPLOMATIC PRIVILEGES ORD



1

in the Order, to such extent i- irv I... ,,
specified, the inmmunities and privil g,-; -...t 'ut
Sin Part III of the Schedule to fti- Ipl.ip,.al
Ordinance;
and Part IV of the Schedule to the principal Otilm a1, 1,1 i1
have effect for the purpose of extending to the I.ifl ..t -u ih
representatives and members as are mentioned in -il-para-
graph (i) of paragraph (b) of this sub-section r-ii t.l tli .
families of officers of the organisation any im iluniti -- anri
privileges conferred on the representatives:' Il.-.h.-.r ..r
officers under that paragraph, except in so far as t ,,- ,p-rt i-i..1
of the said Part IV is excluded by thb Order, :.i.f-rl rr .. th
immunities and privileges;
Provided that the Order in Council -i.ill I ..
framed as to secure that there are not conferred ...n a ii p1r-
son any immunities or privileges greater in ext.~ t rthl til.--
which, at the time of the making of the Order. at- ipiir-..l
to be conferred on that person in order to give .f.-.t t,.. ,y;
international agreement in that behalf.

Passed this day of 1951


594/46. Clerk of the Legislative iCoi ,'.
OBJECTS AND REASONS.
Theobject of this Bill is to-repeal and r.pla6e section 3 (2) i1.) aii. (c)
of the Diplomatic Privileges Ordinance, 1948 (No. 12 of 1948) in : i:.:.niw n,.e
with the directions of the Secretary of State contained in Circulir S. i inipgim
dated 7th November, 1950.
C. ADDISON HARNEY.
Crown Attorney.






DEVELOPiMEVRT LOAN.


DOMIIIICGA
2iT2AiT~cE io. OF 1 251.


I assent


, 1951.


Governor.


SORDINANCE TO _, PROVISION FOR RAISING A LOAN FOR
AN AMOUIT OF OIE MILLION NINE IHUiJDRlD AND QTWE0TY
THOUSAND DOLLARS FOR THE PURPOSE OF FINANCING
DEVELOPMENT SCE MES IN TTHE COLOfY.


jGazetted


VWEREAS it is expedient to raise a loan of One million
nine hundred and twenty thousand dollars for the purposes
specified in the schedule hereto:
Be it therefore enacted by the Governor with the advice
and consent of the Legislative Council of Dominica as
follorws:-
1. This Ordinance may be cited as the


DEVELOPMEM lhOAIT ORDINANCE 1951.


Short
title.


2. The Governor is hereby authorised to issue deben-
tures or stock or both under the provisions of "The
General Loan and Dominica Stock Ordinance, 19)9", to an
amount sufficient to produce as nearly as may be the
sum of One million nine hundred and twenty thousand
dollars, and such further sum as may be necessary to
defray the expenses of the issue.
3. (1) Any sum raised to defray the expenses of issue
shall be applied only to that purpose.


Authority
to Governor
to borrow
by sale of
debentures,
of Dominica
stock.
Application
of Loan


(2) Save as aforesaid the money borrowed under this
Ordinance shall be appropriated and applied to the pur-
poses specified in the schedule to this Ordinance:
Provided that the Governor may, with the prior sanc-
tion of the Legislative Council and of the Secretary of
State for the Colonies utilise any savings in respect
of the items numbered (1) to (7) in that schedule to
cover any excess of expenditure in respect of any other
or others of those items.


_ ._I I __ I____


1951


OS-












DEVELOPMfIIT LOAN


4. Contributions to sinking fund, as contemplated by
the provision of sections 1. and 28 of "The General
Loan and Dominica Stock Ordinance, 1949", shall commence
in respect of any debentures or stock issued under the
Ordinance not later than three years after the date
from which the interest on such debentures or stock shall
commence to run.
5. The Agricultural Credit (Loan) Ordinance, 1950 is
hereby repealed.


Passed this


day of


Commencement
of Contribu-
tion to sink-
ing fund.



Repeal.
Ord. No.
2/1950.


, 1951.


Clerk of the Legislative Council.


SCHEDULE


Land Development & Agricultural Credit
Roseau Jetty
Goodwill Estate
Roads.
Coconut Factory & Livestock
Fire Station & Equipment
Reserve
TOTAL


144,000.00
321,600.00
177,600.00
899,198.4.0
120,000.00
120,000.00
137,601.60
$1,920,000.00


Objects and Reasons.


The object of this bill is to make provision for raising
a Loan for the purpose c financing Development Schemes in the
Colony as set out in the attached Schedule.

C. Addison Harney.
Crown Attorney.


376/51


(1)


(5)
(6)
(7)


_ ___ __ __ IU--~P-WII --I_


1951







1951 HYDRO-ELECTRIC ORD



DOMINICA

ORDINANCE NO. OF 1951.




* I assent



:, 1951. Governor.


4 AN ORDINANCE TO IMPLEMENT AN AGREEMENT
WITH THE COLONIAL DEVELOPMENT CORPORA-
TION FOR THE CONSTRUCTION, MAINTEN-
ANCE AND OPERATION OF HYDRO-
ELECTRIC WORKS IN THE COLONY
OF DOMINICA

(On Proclamation).

,...THEREAS the Government of Dominica has entered into
an Agri-ement with the Colonial Development Corporation
:f. Cd' No. 33 Dover Street, in the City of Westminster in England
Sfor the construction, maintenance and operation of Hydro-Elec-
trie Works and Electric Generating and Distribution Systems
in this Colony.
AND WHEREAS the Legislature of this Colony approved
the said Agreement on the 15th day of September, 1949.
AND WHEREAS the termi of the saidi Agreement are set
out in the Scwhedule^ to this Ordinani:e.
BE IT THEREFORE ENACTED by the Governor with
it the advice and i,-nisent of the Lebislative (Council of Dominica
v: as follows:-

S1. This Ordiinnce miay be cited as the
HYDRO-ELECTRIC ORDINANCE, 1951 Short title.

2. In this Ordinance unless the context otherwise requires: Interpretation.
1' authorizedd person" means any -person duly
Sauthorlsed by the Colouial Development Corpor-

-4J.








1951 HYDRO-ELE CTR[C ORD


ation to do any act for any of the purposes herein
mentioned.
(2) "the Corporation" means The Colonial Develop-
ment Corporation constituted and existing under
and by virtue of an Act of Parliament of the
United KingToi m-o-fGreat Britain and Northern
Ireland and having its principal office or place
of business at No. 33 Dover Street in the City of
Westminster in England.
(3) "electricity" means electricity, electric voltage,
electric current, electric energy or any like agency.
(4) "electric line" means a wire or wires, conductor
or other means used for the purpose of conveying,
transmitting or distributing electricity, with any
casing, coating, covering, tube, pole, or insulator
enclosing, surrounding or supporting the same or
any part thereof or any apparatus connected thetre-
with for the purpose of conveying, transmitting
or distributing electricity.
(5) "Local Authority" means The Roseau Town
Council or any authority having municipal or ad-
ministrative jurisdiction over and within any area
for which any rights are conferred by this
Ordinance.
(6) "works" means the works authorised by this
Ordinance and includes any hydraulic, electric,
mechanical, constructional lines, areas, works,
buildings, machinery, appliances, engines, matter
or things of whatever description, required in
connection with the generation and 'supply of
electricity.

Agreement to 3. The terms of the Agreement made between the Gov-
have the force of ernment of this Colony and the Colonial Development C'orpora-
law. tion shall have the force of law as if enacted in this Ordinance.

Corporation may 4. (1) The Corporation or any person or body acting
erect works on under its authority may--
laid for purposes (a) erect or fix in, on, under or overhanging any
of Hydro-electric -
undertaking.' land, any posts, wire, works or other apparatus
intended to be used in the installation or working
of the hydro-electric undertaking.
SProvided that the Corporation shall first give
notice in writing to the owner or occupier of any
private land, if such owner or occupier can reason-
ably be ascertained or post up such notice con-
spicuously on the land if the owner or occupier


ORD


196M1


HYDRO-ELECTRIC.








ILYDRO-ELECTRIC ORD


c cannot be ascertained, of his intention to erect or -.::
fix thereon any such post, wire, works or other
apparatus, and, if such owner or occupier shall,
within seven-days from theservice of sueh notice,
give notice in writing to tle Corporation of ~his
objection thereto, the matter shall be referred-to
the Governor and no entry shall be made- on such
land for such purpose unless and until the Gov-
ernor in Council shall so direct;
(b) alter, substitute, repair or remove such post, wire,
works or other apparatus when so erected or fixed
as aforesaid at all times when, in the opinion of
the Corporation, the same. may be necessary~ y -r
desirable;

S(2) Subject as aforesaid the Corporatin' or any
i authorised person may enter upon any land and amay-
S () clear such land;
(b) dig the soil and remove the surface of suihx land,
i (e) temporarily close or obstruct such land; and :
S(d) generally do all acts and things -necessary for the .
S carrying into effect of any such purpose.

5. In the course of construction and for the more effective Cutting trees
working of the hydro-electric undertaking, the Corploation and boughs.
shall have power, by their officers and agents duly authorised
for that purpose to enter upon and to cut -an remove from any
public or private lands, any tree or any branch, bough orI-ther
part of a tree growing on such lands within one handredl feet
:of any main or sub-main used for conducting. eetriity- ~ d
whieh may tend to interfere with, endanger or otherwise pre-
judicially affect the working of the muiertaking; but no such
officer or duly authorised agent of the Corporation shall, except
with the consent of the occupier, enter upon any .private lands ..
inder-the provisions of this section until after the expiration
of seven- days'.. notice in writing given to the occupier -of tie
S- lndor posted up conspicuously thereon.
.-_-Provided that where any condition exists which is danger- Pzroisor
~s-Q or is interrupting or threatening to interrupt, the supply :.
o f:leetri.e.energy to the distribution system or any pait-theeeef,
the offer of the Corporation may immediately enter uponiiny
v pkdicl or private lands and take whatever action is necessaryito
establish safe conditions and/or ensure the .continuity of the
Supply of electric energy, without the consent or knowledge of
thie -:ow3ner_: Wherve tbi-offliers of : the Corporatidn take
att.on under the terms of this pproviso the Corporation shall
" ion~B the -pwner of the: atioi e taken within 3 days thereof..


ELYDRO-BLECTRICI


ORD










Obstructing







Compensation.


6. Any person who obstructs or attempts to obstruct the
Corporation or any authorised person in.the lawful perform-
ance of any of the powers conferred by section four or five of
this Ordinance shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding two hundred
and forty dollars or to imprisonment with or without hard
labour for a period not exceeding six months.

7. (1) Compensation for any tree cut, any building, grow-
ing crop or other private property injured or destroyed in
consequence of any act lawfully done in pursuance of the powers
conferred by this Ordinance, shall be paid by the Corporation
to the owner or other person interested in such tree, building,
crop or other property.
(2) The amount of such compensation, if the same
cannot be agreed upon shall be determined by two arbitrators,
one to be appointed by the Corporation and the other by the
owner or person interested and in the event of their disagree-
ment, by an umpire to be chosen by such arbitrators.

8. The owner or person in charge of any private land who
maliciously or carelessly fells, lops or trims .any tree so as to
cause damage to any post, wire or other apparatus erected or
fixed for the Hydro-electric undertaking shall be guilty of an
offence and shall in addition to any penalty that may be imposed
on him, be liable to pay the expenses of remedying the damage
so. caused.
9. Any person who unlawfully and. maliciously cuts,
breaks, throws down, destroys, injures or removes any wire,
post, or other matter or thing.whatsoever being part of or being
used or employed in or about the hydro-electric_ undertaking
shall be liable on summary conviction to imprisonment with or
without hard labour for a period not exceeding two years..
10. Any person who maliciously or fraudulently abstracts
or consumes or uses any electricity shall be guilty of larceny
and shall be liable on summary conviction to imprisonment with
or without hard labour for a period not exceeding two years.

11. Any person, not being duly authorised by the Corpor-
ation, who taps or tampers with the electricity supply system
or diverts any portion thereof to any improper or unauthoibsed
purpose shall be guilty of an offence and shall be liable to the
same punishment as if he had been convicted of larceny under
section ten- of this Ordinance. .

S12. Any consumer who wilfully or fraudulently, or by
culpable negligence, injures or suffers to be injured any electric
line, meter or other apparatus belonging to the Corporation or


Lopping of trees
so as to cause
damage-an
offence.




Unlawful and
malicious dam-
age.




Stealing
electricity.



Tapping or 'tam-
pering of
electricity.


Liability of
consumer.


.1951


RHYDRO-ELECTRIC


ORD










alters the index of any meter, or prevents any meter from duly
registering the quantity of energy supplied or fraudulently
abstracts, consumes or uses electric energy of the Corporation,
shall (without prejudice to any other right or remedy for the
protection of the Corporation or the punishment of the offender)
for every such offence, be liable to a penalty not exceeding Onie
hundred and twenty dollars and to a further penalty not exceed-
ing twenty-four dollars for every day after the first day during
which such offence continues; and the Corporation may,
in addition thereto, recover from such consumer the amount
of any damage by them sustained, and in any ease in
which any consumer has wilfully or fraudulently injured or
suffered to be injured any electric line, meter or fittings belong-
ing to the Corporation or altered the index to any meter or
prevented any meter from duly registering the quantity of
energy supplied, the Corporation may also, until the matter
complained of has been remedied, but no longer, discontinue
the supply of electricity to the consumer so offending (notwith-
standing any agreement or contract previously existing); and
the existence of artificial means for causing such alteration or
prevention or for fraudulently abstracting, consuming or using
electricity of the Corporation, when such meter is under the
custody or control of the consumer, shall be prima facie evidence
that such alteration, prevention, abstraction or consumption
,a the case may be has been fraudulently, knowingly and wilfully
caused by the consumer using such meter.

13. Any officer appointed by the Corporation may, at all
reasonable times, enter any premises to which electricity is or
has been supplied by the Corporation, in order to inspect the
electric lines, meters, accumulators, fittings, works and apparatus
for the supply of electricity belonging to the Corporation, and
for the purpose of ascertaining the quantity of electricity con-
sumed or supplied, or where a supply of electricity is no longer
required, or where the Corporation is authorised to take away
and cut off the supply of electricity from any premises, for the
purpose of removing any electric lines, meters, accumulators,
fittings, works or apparatus belonging to the Corporation:
Provided that the Corporation shall repair all damage caused
by such entry, inspection or removal. And Provided further
that should anyone wilfully and maliciously place or erect any-
thing which impedes or hinders the easy entry, inspection, main-
tenance or removal of their property the Corporation shall
remove same at the cost of the occupier of the premises and
shall not be responsible for any damage caused by such removal.

S-:r4... Where any electric lines, meters, accumulators, fittings,
,,wrks or apparatus belonging to the Corporation are placed in-or
'upon any premises not being in the possession of the Corpora-
Stion for the purpose of supplying electricity, such electric lines,


Power of entry
for ascertaining
quantity of eled-
trieity consumed
et.














Electric lines etc.
not to be subject
to distress etc. in
certain cases.


HIYDZEO-RUCTMOf -


1951


ORD






.151 HYDRO~E~EC-TRXG ORD

meters, accumulators, fittings, works, or apparatus shall nqt be
Attlbjet to f ditress or fi the tiaijdlo~id re'iiiedy fjr ireit if .th
reimises where the sane. mayt bi-, fior t& 1 tkeif'iif- seciutib
nider any process of At buft 6t Juitice, b- unii~dei any proceed-
ln, in tidiktuprey ot Insolv6eny; agaiiiAt the pefsbn ih whlise
pbtsession the samne cray be.
Recovery of 1:' If any person or persons, local aui~6ltty, or company
Charges. itegleet to pay within two months tiny dehAfir ftbi ledterk.ity or1
any other slfim due fidm them to the Codrpbition in respect of
the supply of ele0tricity, the CotpbG~hfot t'iay cti -t ff.;-uih
Supply, and for that purpose imaty ct 'o dteorinel-t anly dtitfic
line or dther worA t trouh which 61drideii fid.` b ~thp M6d,
and may, intil such charge, r other sgli, together with tty
ipensea iLnc~rred- by the Corpdrattor in &ttitig off saihh sipply
bf. electricity a a aforesaid, is filly paid, but fio liget, disduei
fintie the supply of electricity to sitch persdn ir ipein6ni, 0iali
authority or company.
Rules. 16: (1) After consultation with the Corpoiatibri ad -diaft
consideriing any representatiofls made by the- Corporation or by
a < other interested party the Govrnor it C'itinoil itfiay makl

(2) For- the prdteetiofi f consinueis ifd of the ipliis
gendtally against personal .iijury 6r da iage, t
pfdperty a2d fo M th11 ie9thi did inspeciob di
electrical wiring fitti ng- of appihfatus.
(b) to ensure the provisions of, a regular supply of
: ele;itririty afid the dii- fdulnimit by tli Cirpora-
tioi of the obli tildits tiiderttilen i y it uhdae the
"': -" : : terms of the Sch dale heibto aid to provide for
such fAiddiftatioioh As- may be AIPi'optiate fi the
event of an-ya~ t tiAl bi tdeitibrariy Wtiltlie of lhe
-lipply through Act of Gdd;, war, itlidt~t, indus-
trial dipte;,f. MllMr 6f -iadhiriery, 6kt afy otbeF
o catil beyond thie Eftirol of the torporaifodiJ
(6) T- p rotidH fr iich enquiidgs i fma~ be necessary
in coiMnctoii-with th& nJfitters inietiond li paira-
grapha (a) and (b) of this subseetidti. .
(2) All such. rules shall be published ill the Ga(ett.
and shall have the force and effect df law.

Penalties. 17. Any smuch rule may impose peritlies f6or offtibes
against the namre, Or fbo ffkilute dr omiqltju to obeirte or t-ofdiIR
With the provisions of the sitti dr aiy Sif ttliifi, huAl pihilIttlW
not to exceed twenty-four dollars for each offence, with or with-
OitW further penalties foi -ontinuing bff'ntcs, iot exdObding,
ot any cotitirlutig ffhen two dolld itid fbrtl octS fP8r virT
afty dtifin g *ihith t1W dffehcb 6oeltituiies.










18. All losses, damages or injuries caused by the Corpor-
ation, their officers, agent, d- 66it ors either in the construc-
tion, operation or maintenance of the works contemplated by
thissVe 4tfin~ td hav pro'etty 6f tf~ I-ro'v the G0W8nAment
or the Rofakd Tow1t I Coiiil, shall bi.I pAia bfy th Coipt f*t6ri.

19. The Corporation shall be answerable for all damages
afl& iffjtiris abs imA thIboigh thi dilt (tf MegIgen6e ot the
"rpoteatiO d df af~y. pjlson li th fir employmetft, by raon
of Ur in _o~seeqate~i bf lany of the OC'firbratiO~'s wbHt- dnd
shall save harmless all authorities; cdmptfiiges bodies o perons
by whom any street or road is repairable from all damage and
dot ih. iepect of tihoe daiimages iand iiries.


Damages to public
property.




Corporation
repgnsible for
all damage.


t. Ndthiug ii this Ordinance slial exonerate the Cor- Nuisances.
portion from any iidifiMnnit, action or tli~ er poceedings for
-nisaace in the event of aly naisanw be iig caused or permit-
ted by them.

21. AnAy e ei6i Ioubni& i ilty 8f ik offde against this Penalty.
Offlinance 6r which no apeCial penalpty is provided by this
Odiieiice shall bW liall~ dii summary daiviction to a fine not
ekdiad oiie huiii dd aid twbeit dollar or to imprisonment
witH ti- inhout -hard ]ifoiir ~oir a piio4d not exceeding six
months.


Passed this


I13ljffIO. -


day of


,1950


11fk f the Council.


LW j
-, ; J -. -.


r
i
r,-e


r.; :
---i
.- ..J.~.--
..~. .,.
I
rCI--/--.
C-p* firi r^TL -~;I-: I:ri:I
111-1 ii


I: *'-









SCHEDULE.

Terms of the Agreement between the Government 'of
Dominica and the Colonial Development Corporation.
It is agreed as follows--

S 1. The Government shall grant and the Corporation shall
.,accept, an Exclusive Franchise to. generate, transmit, dis-
-tribute and sell electric energy in Dominica on the follow
ing terms and conditions:-
(o) The Franchise.shall continue in force for eighty years,
comprising "first", "second" and "third" periods
of 30 years, 25 years and 25 years, respectively, on
the following terms and conditions:-
(i) For the "first" period on the terms and
conditions contained in the agreement'
(ii) For the "second' period at such revised
Statutory maximum lighting rate and such
revised statutory maximum power rate and
such revised maximum charges for street
lighting service as may be agreed between
the Corporation and Government or, local
Authorities or failing agreement as may be
established by arbitration as provided for
under Clatise 1 (q) herein; and in all other
respects on the terms and conditions of the
"first" period.
.; ... ,(iii):For, the "third" period on such terms and
conditions as the parties may agree or fail-
ing agreement as may be established by
arbitration as provided for under Clause 1
(q) herein.
PROVIDED THAT:-The Government may by giving to the
Corporation not later than three years before the end of the
"second" period notice in writing of its intention so to do
purchase at the end of the "second" period the whole under-
taking including all land, buildings, plant, equipment, trans-
mission, distribution and service lines, meters, spare parts,
stores and appurtenances used for or in connection with the
Corporation's electricity supply operations in Dominica, for
the actual physical value at that time without any addition for
compulsory purchase, goodwill or actual or potential profits;
and thereafter revoke the franchise as from the end of the
"second" period.
(b) The "Appointed Day" shall be a day to be
agreed upon and fixed by the Government nd


ORD


1951


EYD~RO-ELECTRIC -









Corporation as the day. on. whie,- after examina-
tion- of delivery dates of machinery and equip-
ment and allowing a reasonable time for con.
-. struction, the Corporation is ready to start
.. operations.
(o) The Corporation shall have power to harness
water power throughout Dominica at such
sites as Government reserves for public electricity
supply purposes whether on Crown or private
lands without payment for water rights. Provid-
ed that this shall not affect the use of existing
water wheels or hydraulic turbines by their own-
ers nor the right of anyone to use the power of
that part of any river within the confines of his
property, where this has not previously been
reserved for public electricity supply purposes.

(d) The Government shall reserve for the generation
of electric energy by hydro-electric works for
public electricity supply purposes all the Water
Power Rights of the Roseau and Mural Rivers
Sand their tributaries from their sources to a point
one mile down stream from the confluence of the
two rivers, below the waterfalls and no develop-
ment for any_other purpose of those stretches
of the above Rivers and their tributaries shall
be allowed.
(e) Whenever requested by the Corporation the Gov-
ernment shall acquire under the provisions of the
Land Acquisition Act or. any other Act passed
for the -purpose any land reasonably required by
the Corporation, for intakes, tanks, pipe-tracks,
poles, transmission lines, power stations, access
roads and all over appurtenances of hydro-electric
and other electricity generating plants, sub-
stations, transmission lines and distribution
Systems ahd shall transfer the freehold thereof to
the Corporation at the actual c bs.of Acquisition.
(f) Whenever requested by the Corporation the Gov-
ernment shall transfer free of cost to the Cor-
poratiof the freehold itn i y Crown Land requir-
ed by the Corporation for intakes, tanks, pipe-
tracks, poles, transmission lines, power stations,
S access roads and all other appurtenances of hydro-
Selectric and other electricity generating plants,
Ssub-stations, transmission lines and distribution
systems.


HYDROD-iOELECTRIC


ORD







HYDRO-ELECTRIC


: : .)The Corpowration shall have the power to run pipe,
nes, poles, transmission lines and distribution
iy systems along the Public Roads of the Colony
without payment of way leaves, fees or any other
charges. Provided that any excavation or any
other disturbance of the road surface shall be re-
',r .. instated by the Corporation to the satisfaction of
the Director of Works and in the case of roads
.--.o r- streets in the Town of Roseau to the satisfac-
tion of the Roseau Town Council. Provided fur-
'ther that in the exercise of this power within the
i- mts of thie Municipality of Roseau, the Corpora-
Stion shall consrut with the Town Council as to the
-. routes of the lines. Provided further that in the
-exercise of this power in all other areas the cor-
-poration shall consult with the Director of Works.
(jk) The Government shall admit free of all Customs
or other duties and Landing Tax all plant, equip-
ment and materials for the construction, main-
-c- tefnanee and operation oof hydro-electric and other
-:S :i : -electrieity generating plants, transmission, and
S distribution systems, office supplies and equip-
:- meant, buildings, consumer services and other ap-
:--purtenanees of electricity supply systems used for
Spblic electricity supply purposes. Provided that
-- this exemption shall not apply to plant, equipment
-.o. : : o appliances imported for re-sale or rent.
(i) The Government shall iot impose any tax on
electric energy to be paid by the Corporation and
"-._ any tax imposed by the Government on electric
:1; 'ergy shall be paid by the Consumer. Provided
-. that no such tax shall-be imposed during the first
-15 years computed from the Appointed Day, nor
-:---- -- at any time at -a rate which wi --have the effect
-- *.:-of unreasonably restricting the use by the public
:::;:---.- of electric enrtgy'for any purpose.
:: '(j) The Governmenut.shall sell to the Corporation
.. ... '- those parts of-the existing D.C. distribution system
.-- h,- in Roseau which in the: opinion of the Corporation
S:.- : --- "can be incorporated in the new A.C. distribution
system, at a price based on the fair market value
i. the time of purchase after making allowance
:. :- .'-~..- the 6SVof modification required for A.C. work-
in g. n- thelevent of failure to agree as to price
;:. the matter shall be settled by arbitration.
(k') The Government -shall improve and complete the
I" -' oads to Laudat. and to the 'Power station site
-.71. --. 'below. t~ e'Roean Rive Falls to minimum standard
for lorry traffic and maintain them 3t,this standard.









HYRIhCB O"D


(1) :The Corpration'shall construct, -install and put
Siant service -ifb r before the "'Appointed Day"--
(i) A Hydro-electric .generating plant compris-
i -_ .ing head and intake works at the exit from
the "second gorge" of -the Roseau River, a
pipeline and penstock therefrom to a selected
site below .the falls on the right bank (look-
ing -down stream of the.Roseau River), and a
.. power house on this site. containing Two-320
K.W. hydro-electric generating sets with
switchgear,Tstep-up transformers and all other
necessary equipment, and having thereon
space for the installation of a third 320 K.W.
generating set or other suitable plant in the
future. -
(iL) An 11,000 volts 3 phase overhead main trans-
mission line to Roseau constructed to British
SStandard Specification NO. 1320 of 1946, and
branch 11,000 volts transmission lines extend-
ing north to Canefiefd and South to Loubiere
of a single phase or 3 phase construction, at
the Corporation's choice, and built to British
Standard SpecifiCation 1320 o~ 1946.
S(iii) Suitable step-down transformers and over-
;,head: distribution lines to give a public elec-
tricity supply service for industrial, com-
mercial and domestic lighting and power, and
the lighting of public streets and roads in the
following areas:-
(a) Compulsorily in an agreed schedule of
roads, 3and streets in Roseau and its
environs.


(b). By agreement in other areas according to
demand for service subject to prospective
users ,f Government undertaking to take
or p gfor or-guarantee a minimum con-
sim pt ion of energy, the net revenue from
which represents a reasonable return on
the capital cost of.the niains and appar-
atus required to provide the service.
.(iv) The Declared Voltagee.for domestic and light-
ing supply, shall be 230 volts1 and this shall
be maintained by -the Corporation within
pls .4.% and miinus 8%,,easured at the con-
s.umers' terminals.
(v) The"BeTDeated Frequency" of supply shall
be 50; cycles per -second and -this shall be
S: maintained, within "plus 3% and minus 8%.


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HYDRO.HLECTRIG1GZC


ORM


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(vi) The system of distribution shall be 3 phase
4 wire for 400 volts between phases and 230
volts between line and neutral, single phase
3 wire for 460 volts between lines and 230
volts line to neutral, the.ineutral in each case
being earthed; or single phase 2 wire for 230
volts between lines, with one line earthed
and designated "the' neutral" all these sys-
tems to be used, the choice in each particular
case being by the Corporation according to
load conditions and the most economical
method of supply.
Provided that any consumer may under
special contract with the Corporation take
a supply direct from the H.T. Transmission
system and step this down in his own trans-
formers, and for his exclusive use, to any
voltage of his own choice.
(m) The Corporation shall be entitled to charge the
following "Statutory Maximum Rates":-
(i ) Statutory Lighting Rate 24c. per unit during
the first 4 years from the "Appointed Day"
reducing thereafter by Ic. per unit each year
until the price shall be 20c. per unit. There-
after the maximum price shall be 20c. per
unit. Minimum monthly charge shall be
$1.00. There shall be no charge for meter
rent.
(ii) "Statutory Power Rate" applicable to indus-
trial power installations having more than
5 h.p. of electric meters installed:-A Ser-
vice charge of $1.00 per month per K.W.
capacity of all meters and appliances con-
nected (portable appliances being counted
as connected and each H.P. of meter name-
plate rating being calculated as % K.W.)
plus 6c. per unit consumed during the first
3 years from the "Appointed Day" reducing
to 5c. per unit thereafter.
(n) The Corporation shall enter into contracts with
Government or Local Authorities to provide a
.... street lighting service including the provision of
;-." I Jstreet lighting fittings and lamps at an agreed
schedule of monthly charges per lamp according to
the size and type computed on the basis of not
more than 8c. per unit for energy consumed for
all night lighting plus reasonable charges for hire
and maintenance of fittings. and lamp renewals,
: .:e : :-_ with a guaranteed minimum annual revenue. In
-:' th event of failure toagree to a schedule of


HYDRO-ELECTRIC


ORD


1951.







1951 HYpIROELECTRIC ORD

monthly charges or the guaranteed minimum
p Annual rental the matter shall be referred to arbi-
;, .tration.
'.:- (o) The Corporation shall initiate the electricity
supply service at the following general tariff:-

-(A) DOMESTIC.
(i), Ligkting.
At the Statutory rate; or
(ii) General Domestic Rate
SA "First Block" of units numerically equal
to the total floor area in square feet of the
house (including verandahs, kitchen and
servants quarters and, by agreement, any
J:_- additional out-buildings, which may be lit)
divided by 150 with a maximum of 25 units,
s:. -at the Statutory lighting rate. A "Second
SBlock" of 50 units at 8e. per unit. All addi-
i -..- tional consumption at-4c. per unit.
Minimum monthly charge shall be equal to the
price of the assessed "First- Block" of $1.50
whichever is the higher.

(B ..GQMMERC J4 .- -J- -..
...- : :-Applies to offices, stores, hio tel and other
-... .-business premises.
"Lighting"-at the "Statutory" rate.
"Power" refrigerators, cookers, nial
motors and the like. First 50 units consump-
tion at lOc. per unit all additional consumption
at 5c. per unit.
-~The minimum charge shall be $1.00 per month
per K.W. of installed capacity.
Note "Power" and "Lighting" circuits shall
be separately metred.

(C) INDUSTRIAL POWER.
At the Statutory rate or such lower rates as may
be negotiated with individual large power users.
(p) The Corporation shall supply Government or
Municipal installations with electric energy at the
prevailing general tariff in force at any time, less
a discount of 10% except that street lighting shall
be provided under the terms of clause (n) above.
(q) Any arbitrator appointed to settle matters or dis-
putes arising out of this Agreement shall be
appointed by agreement between the two parties







S._ HYDRO-BhEROfle 1

flnA. f allMg such agreement t e-overernor of the
i '" Windwata IsVands s"a=Fbe ap 6eFehed to make
such an appointment and such tUtrator shall be
.ih,4 ft PfpSLtff. ullu Tg epR ineq- -iu t e techni-
-:i. '. .ie -d e9ienqe1'9 pup1lie etrrieity supply.
(r) If at any time subsequent to the fifth year after
the "Appointed Day" the. C rq lsents
to the Government that the 4niitei l eaihiot be
carried out with profit, fng i~ ti t be abandoned
the Government, if eatifis 'wih such representa-
tions shall -evoke the Inrameise 4i whole or as
... ~.. ;:.-t.l any ~tlart of the -re pofsuipply or agree to a
-- reonable adjus tment q Tri, Rates. If the Gov-
S erg~nte puld --eQ gqke h Franchise it may,
: ..r: it thins ,4e, agfc -h undertaking or
i revoie part thereof for te: g jal physical value
Sat J t time of th. i~4mf,gs works, plant and
S, triA4j withqot gip-adijtip for compulsory
S4 pu :.. 04, good iill pr oti.giq potential profits.
(s) Thq Goveramnot sha g ga. a necessary legisla-
S: i .i tp give effentt to.~.1-.taeomaPof this Agreement
p sBoon as possible.
OBJECTS AND REASONS.
The object of this Bill is to maki praviaios for *tb cop-
stBrti,: laiAgit4nnae and oprqtion of tie Hydro-Electric
Works in fulfilment of the Agreement Itw~en the Government
of the qtlomjk 4f 1 ianiq an3g tahea Qq~i4 1Development Cor-
porion.

JDwQ'' N HARNEY,
-'' rown- Attorney.





Ti 7






.i I nv? "at ffi '










19P51 PRAEDIAL LARCENY ORD


DOMINICA

ORDINANCE NO. OF 1951.
I assent

,1951. Governor.
AN ORDINANCE TO MAKE PROVISION
FOR TIE PROTECrTON OF PRAEDIAL
PRODUCE.
(Gazetted ,1951).
BE IT ENACTED by the Governor with the advice
and consent of the Legislative Council of Dominica as
follows:-
1. This Ordinance may be cited as the
PRAEDIAL LARCENY ORDINANCE, 1951. Shorttitle.
2. Whosoever steals, or destroys, or damages with Fut or veget
intent to steal, any plant, root, fruit, or vegetable ibe a produce
production growing in any garden, orchard, pleasure-
) ground, nursery-ground, hot-house, green-house, or con-
servatory, shall, on summary conviction, either be im-
prisoned. with or without hard labour, for any term not
exceeding twelve months, or else forfeit and pay, over
and above the value of the article, or articles, so stolen,
or the amount of'the injury done, such sum of money,
not exceeding two hundred and forty dollars as to the
Magistrate may seem meet.
3. Whosoever steals, or destroys, or damages with Vegetable pro-
intent to steal, any cultivated plant, root, fruit or veget. ductions not
able production, used for the food of man or beast, or de~",." ga"t
for medicine, or for distilling, or for dyeing, or for, or
in course of, any manufacture and growing in any land,
open or enclosed, net being a garden, orchard, pleasure-
ground, or nursery-ground, shall on summary conviction,
either be imprisoned with or without hard labour, for
any term not exceeding twelve months, or else shall for.
feit and pay, over and above the value of the article, or
articles, so stolen, or the amount of the injury done,
such sum of money, not exceeding two hundred and
forty dollars as to the Magistrate seems meet.








VILLAGE COUNCILS


DOMINICA

ORDINANCE NO. OF 1951
1 assent

,1951. Governor
AN ORDINANCE TO AMEND FURTHER
THE VILLAGE COUNCILS ORDINANCE
1948.
(Gazetted 1951)
BE IT ENACTED by the Governor with the advice
and consent of the Legislative Council of Dominica as
follows:--
1. This Ordinance may be cited, as the
VILLAGE COUNCILS (AMENDMENT) ORDI-
NANCE, 1951.
and shall be read as one with the Village Councils
Ordinance, 1948 as amended (hereinafter referred to
as the principal Ordinance).


Short title.


Ord No 14 1948
S, 261949


2. Paragraph (b) of section five of the principal Amendment of
Ordinance is hereby deleted and paragraphs (c) and.(d) ~"ip" 5 (b)rd
shall be read as paragraphs (b) and (ci respectively. finance.
3. Section nine of the principal Ordinance is hereby Addition of
proviso to see-
amended by the addition at the end thereof of the fol- 9 o rincipa
th fo Ordiapnce.
lowing proviso- Ordinance.
Provided nevertheless that the proceedings of the
Council shall not be invalidated by reason only that any
person not qualified so to do, sat and voted threat.
Passed this day of 1951.
629/49 & 1407 47. Clerk of the Legislative Council'
Objects and Reasons.
The object of this Bill is to remove the literacy test
qualification as a condition for the Village Council Elec-
tions.
G. ADDISON HARNEY,
Crown Attorney.


ORD


1951








1951 CORPORAL PUNISH- ORD
MENT



DOMINICA.
ORDINANCE NO. OF' 195L
I assent
...............,:.,. ........
Governor.
AN ORDINANCE TO AMEND THE ABOLI-
TION OF CORPORAL PUNISlMENT
ORDINANCE 1941.
(Gazetted 1951).
BF IT'ENACTED by the Governor with the advice
and consent of the Legislative Council of Dominica as
follows:-
1. This Ordinance may be cited as the
ABOLITION OF CORPORAL PUNISHMENT
(AMENDMENT) ORDINANCE, 1951 Short Title
and shall be read as one with the Abolition of Corporal
-Punishment Ordinance, 1941 (hereinafter called the 019 No.
Principal Ordinance).
2. From section three of the Principal Ordinance Amendment
the following shall be deleted-- of section
(a) Praedial Larceny of principal
Ordinance.
(d) Offences under section 20 of the Ac
Offences against the Person Act. cap. 41
Passed this day of ,1951.

363/39. Clerk of the Legislative Council.
Objects and Reasons.
1. Flogging or Whipping has been regarded as
being contrary to Public (International) Policy.
2. The object of this Bill is to reduce the instances
in which flogging or whipping may be awarded by any
Court with a view ultimately to the complete abolition
,of corporal punishment.
C. ADDISON BARNEY,
Crown Attorney.




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