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,[pub i b jeb bip u tjtoro i tv.
VOL. LXXV ROSEAU, MONDAY, OCTOBER 27, 1952. No. 54
REPOSSESSION OF ALIENATED CROWN LANDS
Ix the Supreme Court of the Windward Islands and Leeward
Islands Dominica Circuit.
IN the Matter of the Forest, Soil and Water Conservation
IN the Matter of the Title to the Stonehill Estate situate in the
Parish of St, Joseph in the Colony of Dominica.
ELIZABETH II. [By the Grace of God of Great Britain, Ireland, and the British
Dominions beyond the Seas Queen, Defender of the Faith.
To all persons claiming an interest in the lands and tenements hereinafter described.
WHEREAS it has been made to appear to Us that the Stonehill Estate situate
in the Parish of St. Joseph in the Island of Dominica, containing 200 acres 1 rood is
unoccupied since 1914, and there is no person having title thereto, whereby the
said parcel of land ought to be vested in Us, that proceedings will be taken to
have the said parcel of land vested in Us at a sitting of the Supreme Court to be
holden at Roseau in the Colony of Dominica in the month of Aprl, 1953.
All persons claiming an interest in such land, shall within one week from the
date of the last publication of this summons in the Gazette (such summons shall be
published during a period of six months) file an appearance, either in person, or by
Solicitor in the office of the Registrar, and shall, within one month from the date of
such appearance, lodge in the said office a written claim containing a statement
of the reasons on which the same is founded: and you are hereby further warned
that if you fail to appear at the said Court to be holden as aforesaid the said pro-
ceedings will be heard and taken without you.
IN WITNESS WHEREQF, We have caused the Seal of Our said Court to be
'3f'/ hereunto affixed, at Roseau, this 12th day of July, 1952.
4 A. B. MARIE,
ye qL. Acting Registiar
OFFICIAL GAZETTE, MONDAY, OCTOBER 27, 1952
MEETINGS OF LEGISLA-
IT is notified for general information
that a Meeting of the Legislative Counc
of this Colony, will be held at the Cour
House, Roseau, on Tuesday October
2Sth. 1952, at 10.00 a.m.
The Order of the Day for this meeting
is published with this issue of the Officia
October 22nd, 1952.
ORDER OF THE DAY
For a Meeting of the Legislative
Ceoucil to be held at the Court House
Roseau, en Tuesday October 28th
1952, at 10.00 a.m,:-
2. Confirmation of Minutes
3. Papers to be laid :
(i) S. R. 0., 1952, No. 22
(ii) ,, 23
(iii) ,, 25
(iv) ,, ,, 28
() ,, ,, 29
(vi) Report en the Education De
apartment for the years 1949 anc
(vii) Report on the British Depen.
dencies in the Caribbean and
North Atlantic 1949-1952 '
presented by the Secretary ol
State for the Colonies to Parlia
ment by command of Wei
4. Reports from Committees.
5. Notices including those of questions
to be asked.
6. Questions to be asked by :-
Henourable R. B. Douglas re
(i) Examinations of Primar y
(ii) Examinations of Pu p i
By Honourable Crown Attorney for
the adoption of the Legislative Coun-
cil Rules, 1952.
By Honourable R. B. Douglas regard-
ing Agricultural loans to poorer class
of Banama Growers.
8. Bills :-
(i) An Ordinance to consolidate the
Law relating te Bananas.
(ii) An Ordinance to validate certain
proceedings of the Resean Town
Council with regard to the Collec
tion of Land and House Rate.
(iii) Am Ordinance relating to the
Carriage and Storage of Motion
(iv) An Ordinance to amend the
Title by Registration Act(Cap 99).
(v) An Ordinance further to amend
the Road Ordinance 1914.
n (vi) An Ordinance relating to Fire
t (vii) An Ordinance to control- the
Importation of Animals, Birds
Reptiles and Insects and to Regu-
late the Treatment and Disposal
l of Animals which are suspected
to be suffering from any Disease
and for other matters related
thereto or connected therewith
(viii) An Ordinance to provide for
the Registration of Nurses for the
9. Other Business:-
(i) Covering approval of nomination
of Honourable II.D Shillineford.
C B E. to represent this Colony at
the Fifth Meeting of Regional
Economic Committee in Jamaica.
(ii) Selection of Unofficial Member
for inclusion in iiot of names from
which Commissioners and Alter-
nates of British Section of Carib-
bean Commission may be chosen
for the period up to the end of
d the Sixth Session of West Indian
Conference in 1954.
PUBLICATION OF BILL
SThe undermentioned draft Bill which it
r is proposed to introduce in Legiisative
Council is published for general informa-
tion with this issue of the Official Gazette:-
AN Ordinance to amend and consolidate
the Law relating to Bananas.
Rcf. 811 51,
VIC 1OR C. JOSSE.
Gocer, meant Secrcl'ory
Departmental and other
ATTENTION is drawn to the fact that
bona fide unsolicited gifts only net exceed
ing $65.00 (B.W.I. Currency) are permit-
ted to be imported without an import
licence provided that such gifts are net
intended for sale or exchange or for use
in any commercial undertaking.
Gifts arriving in the Colony without
an imported licence having first been
obtained, in excess of a vaiue of $65.00
(B,W.I, Currency) are liable to confisca-
Licences will not ordinarily be granted
for the importation of gifts in exc-ss of a
value of $6500 (B W I. Currency). The
only exception that may be made is in the
case of gifts sent to religious, charitabl-t
or educational institutions.
E.O D. CHARLES,
Actlng Controller of Solpihs.
10th October. 1952.
ENTRANCE TO THE DOM-
INICA GRAMM.VARSCHOOL IN
ALL prospective Students seeking entry
to the Dominica Grammar School in Janu-
ary 1953 will be expected to sit an entrance
,examination to be held on the School
premises on Monday, December 15th and
on Tuesday. December 10th. Only those
Students who are able to fulfil the entrance
requirements will be admitted.
Only in exceptional cases will boys
beyond 14 years be admitted and they will
be expected to reach a sulliciently high
standard to enable them to proceed to
to the upper h'orms.
Birth Certificates should be submitted
on the first morning of the examination.
h'ICTOR A A. ARCHER.
:.th October, 1952-.
OCTOBER 27, 1952
FORM A "
APPLICATION FOR IREGISTATION
The Registration of United Kinludoim u
Trade Marks Ordinance, 1946.
Application is hereby made for the
Registration in thi-e Register, of the
United Kingdom Traie Marks Nos. 2ISS!8
(a) and (h) registere, on the 2Sth day of
November, 1940, and for the issue to
Messis. HI. & G SIMONDS. Ltd., England.
of a Certificate of Registration in the
Colony of D)ominica for the said trade
Dated the 29th day of September, 1IC.,2
G. A, JAMES,
S'iginature of Applicnit I r Agent.
To the Regi-trar of Trade Marks,
Printed at the-BULLETIN OFFICE, RoBeau,-By Authority
1952 BANANA ORD.
ORDINANCE NO. OF 1952
. . . .... ... . . . ..
AN ORDINANCE TO AMEND AND CONSOLIDATE
THE LAW RELATING TO BANANAS.
BE IT ENACTED by the Legislature of Dominica as
1. This Ordinance may be cited as the
BANANA CONSOLIDATED ORDINANCE, 1952 Short Title.
2. In this Ordinance:- Interpretatin.
"Association" means the "Dominica Banana As-
sociation" by this Ordinance constituted and estab-
"Bananas" means every variety of banana grown
in the Colony;
"Board" means the Board of management of the
"Chairman" means the Chairman of the Board;
"Count Bunch" means a bunch of nine or more
full hands, provided that a bunch of eight, seven or
six full hands shall be deemed to be three-quarters,
half or one-quarter of a count bunch respectively;
"Manufactured Product" in relation to this Or-
dinance means any product obtained by any means
whatsoever in which bananas are used either wholly
or partially, and whether manufactured or in the
process of manufacture; and includes any jam, pre-
serve or canned product in which bananas are used
as an ingredient whether substantially or not.
"Member" means a member of the Association.
"Secretary" means the Secretary of the Associa-
3. (1) There is hereby formed under the provisions creation and con-
of this Ordinance a body corporate hereafter to be called sUtaon of Do"it"oa
the "Dominica Banana Association" which body corporate
shall, as such, be entitled to make contracts and to sue
and be sued in its name; to acquire, hold and dispose of
all kinds of property, real and personal; and, in particular,
shall be invested with authority in accordance with the
provisions of this Ordinance to rehabilitate banana planta-
tions and stimulate production, to market and control the
disposal of all bananas produced in the Colony of Dom-
inica and intended to be exported therefrom and in addi-
tion to control the disposal of all bananas not intended
for export but intended to be used either wholly or par-
tially as an ingredient in any manufactured product.
(2) The Association shall have a head office in
Roseau and an official Seal.
(3) The Seal of the Association shall be affixed
to any instrument by the Secretary, but the said Seal
shall not be so affixed, except by the Authority of a resolu-
tion of the Board and in the presence of the Chairman;
and the Chairman shall sign every instrument to which
the Seal of the Association is so affixed in his presence,
and the S,ecretary shall countersign the said instrument.
4. (1) All growers of bananas and all persons in
any way connected with the banana industry in Dominica
shall be eligible for membership of the Association.
(2) Every applicant for membership of the As-
sociation shall apply in writing to the Secretary stating
his qualifications for membership and enclose the pre-
scribed entrance fee. The Board shall thereupon con-
sider the application and decide whether or not the appli-
cant shall be admitted to membership and the Secretary
shall notify him accordingly.
Provided that persons who are already, members of
the Association at the date of the coming into operation
of this Ordinance shall be deemed to be the first members
5. (1) Upon application made by any person to the
Secretary for membership thereof, the applicant may be
required to furnish such .evidence of his qualifications
for membership as may be required by the Board.
method of election
and entrance fee.
l4ght of appeal to
(2) Any person whose application for member-
ship shall be rejected by the Board may appeal to the
Magistrate of the District in which such person resides,
and if he shall satisfy such Magistrate of his eligibility
for membership of the Association, the Magistrate shall
make an order directed to the Chairman requiring such
person, upon his complying with the regulations controll-
ing the admission to membership of eligible persons gen-
erally, to be forthwith admitted a member of the Asso-
(3) Notice of the hearing by the Magistrate of
such appeal shall be served upon the Secretary not less
than seven clear days before the date fixed for such
(4) The Chairman shall be liable to a penalty
of one pound for each day after the day of receipt by him
of the order of the Magistrate during which he shall fail
to admit the applicant to membership of the Association;
provided that the applicant shall have complied with all
conditions precedent to the admission of eligible persons
to membership of the Association. The decision of the
Magistrate shall be final.
(5) The Board shall not entertain applications
for admission to membership which have already been
refused by the Board until the expiration of one year
from the date of such refusal.
6. The Board shall consist of not less than eight
or more than ten persons, shall be the governing and exe-
cutive body of the Association and shall control the
7. The Board shall give at least one month's notice
in the Gazette of a meeting to be held in April of each
year at which members shall elect six members to the
Board for the ensuing period of twelve months. The
names of members elected to the Board shall forthwith
be submitted to the Governor who shall, within fourteen
days of their election, nominate at least two but not more
than four other persons to serve as members of the Board.
In the selection of such persons, the Governor may have
regard to the advisability of ensuring representation of
small growers on the Board. At least one Officer of the
Civil Service shall be nominated to the Board by the
Governor. All members of the Board shall be eligible
for re-election or re-nomination as the case may be.
Powers of Board.
and nomination of
8. If no persons or an insufficient number of per- Power to fill
sons shall offer themselves for election to the Board or vacanles.
be elected thereto, or if any vacancy in the Board through
any other reason shall occur, the Governor may nominate
one or more members to fill such vacancy or vacancies.
9. No act or proceeding of the Board shall be in- vacanele hall nol
valid by reason of any vacancy. 'Board.
10. A member of the Board shall ipso facto cease Disqualification for
to be a member therefore if he- Board.
(1) is absent from any three consecutive meet-
ings of the Board without leave; or
(2) is absent from the Colony for more than
thirty days without leave.
11. Subject to the voting powers of the Chairman v.iun.
hereinafter contained, all matters proposed for the de-
cision of the Board shall be determined by a majority of
the votes of the members present and voting.
12. (1) Subject to any rules made hereunder with
respect to any procedure pertaining to the writing up
of registers of members, the Secretary shall in the month
of April in every year, compile in alphabetical order a
register of the names of all members. Such register
shall be signed by the Chairman and committed to the
custody of the Secretary. A copy of such register shall
be displayed in the office of the Association in such man-
ner as will enable all persons interested therein readily
to inspect the same at all reasonable hours.
(2) On or before the 31st day of March in each
year the Chairman and two other members of the Board
to be nominated by him shall meet at the Office of the
Association and there and then revise the register.
(3) The register of members so prepared and
revised shall be used in all matters to be decided by the
votes of members and no person whose name shall not
appear on the register of members shall be entitled to vote
upon any matters connected with the Association.
13. (1)If any member of the Board, other than a
member of the Civil Service nominated to the Board by
the Governor, refuses to obey or conform with the rules
and decisions of the Board, it shall be lawful for the
Board, by resolution, passed by the affirmative votes of
not less than five members of the Board, after affording
such member a full opportunity of defending himself to
expel such member and to declare his seat vacant, and
the seat of such member shall ipso facto become vacant
(2) Any member of the Board may, by giving
fourteen days' notice in writing to the Chairman, resign
his office. The Chairman may resign his Chairmanship by
giving fourteen days' notice in writing addressed to the
(3) A notification of the fact and circumstance
of any vacancy in the Board shall be published by the
Secretary in the Gazette, and, in the case of a nominated
member, notified to the Governor with all despatch.
(4) Any vacancy in the Board occurring by death,
resignation, disqualification or otherwise shall be filled,
in the case of an elected member, within fourteen days
by election at a special general meeting or, in the case
of a nominated member, by the Governor at his discre-
tion: provided that, if any such vacancy shall cause the
Board to b.e without an Officer of the Civil Service, the
Governor shall forthwith nominate such an officer for
membership of the Board. The member so elected or
nominated shall retain his seat so long only as the vacat-
ing member would have retained the same if no vacancy
member of Board.
Filling of vaesney
14. (1) If the Board, in the judgment of the Gov-
ernor-in-Council, makes default in the performance of
the duties, by this Ordinance or by any other law of this
Colony, imposed upon it, or exceeds or abuses its powers,
it shall be lawful for the Governor-in-Council, by an
order published in the Gazette, to dissolve the Board.
(2) In case of such dissolution the following
consequences shall ensue, namely:-
(i) All members of the Board shall, from
the date of such order; vacate their
(ii) All the powers and duties of the Board
shall until the formation of a new Board
under this Ordinance be exercised by
such person as the Governor may ap-
point in that behalf, and any payment
made to such person for his service shall
be a charge upon the funds of the As-
sociation hereinafter mentioned, and
(iii) Any contracts or other obligations law-
fully entered into by the Board before
its dissolution shall be carried out, as
far as possible, by such person aforesaid
who shall, for such purposes, be deemed
to be the agent of the Association.
(iv) If such order for dissolution shall be
made the person appointed by the Gov-
ernor as aforesaid shall perform the
duties of the Board until the end of the
period of twelve months which shall ex-
pire on the thirtieth day of April next
after such appointment when the new
Board to be constituted as hereinbefore
provided shall come into being.
15. (1) The Chairman shall be any one of the mem-
bers of the Board, who shall be elected by a majority of
votes of such members at the first meeting thereof after
its establishment and shall remain in office until the ap-
pointment of his successor unless he shall previously re-
sign the same or become disqualified for membership of
the Board. A Deputy Chairman shall also be elected by
a majority of the votes of such members at the said first
meeting, who shall act as and have all the powers of
Chairman, if the Chairman, elected as aforesaid shall,
from any cause whatsoever, be absent or cease to be Chair-
man during the period for which he shall have been
(2) The Chairman of the Board shall ,be Chairman.
ex officio, Chairman of the Association.
(3) A retiring Chairman shall be eligible for
Duties of Chairman.
Minutes to be
received in evidence.
Power of Board to
16. (1) The Chairman shall preside at every meet-
ing of the Board and shall have such other powers and
perform such other duties as may be from time to time
assigned to him by Board rules.
(2) The Chairman shall have an original vote
and, in case of an equal division of votes on any question
before the Board, a second or casting vote.
17. (1) A minute of the proceedings at a meeting
of the Board signed at the same or the ensuing meeting
by the Chairman or by a member describing himself as
or appearing to be Chairman thereof shall be received in
evidence without further proof in all inferior or Supreme
Courts and for all other purposes whatsoever.
(2) Until the contrary has been proved, every
meeting of the Board in respect of the proceedings whereof
a minute has been so made, shall be deemed to have duly
convened and held, and all the members present at the
meeting shall be deemed to have been duly qualified.
18. (1) It shall be lawful for the Board to make
rules for the good management of the affairs of the Asso-
ciation generally, and in particular with respect to the
following matters, namely:-
(i) The time and place of its meetings and
of general meetings of the Association.
(ii) The mode of convening its meetings and
the general meetings of the Association.
(iii) The attendance of its members.
(iv) The form and order of its debates and
of the debates at general meetings of the
(v) The powers and duties of its officers and
(vi) The general regulation of the proceed-
ings of the Board and of the Association,
and the mode of conducting the business
of the Board, and of the Association.
(vii) Regulating the purchase, the price to
be paid for and receipt of bananas by
(viii) Regulating the grading and selection of
bananas by the Association.
(ix) For regulating the time and manner of
disposal of bananas rejected by the Asso-
(x) For imposing a cess or levy on bananas,
for regulating the handling and export
of bananas by the Association and the
marketing of same.
(xi) For regulating the manner in which the
accounts of the Association shall be kept.
(xii) For controlling the finances of the Asso-
ciation and regulating the time at and
the the terms under which payments to
members and other persons shall be made.
(xiii) For regulating the conditions of mem-
bership of the Association including the
fixing of any fees payable on admission
to membership and periodically there-
(xiv) For regulating and controlling every
other matter within the scope of the
Association's operations whether the
same shall be of the same kind as any
of the matters hereinbefore particularly
mentioned or otherwise.
Subject to the controlling powers of
the Governor-in-Council in this Ordin-
(2) No such rule shall be made, or, when made,
shall be altered or revoked, unless special notice of such
intended making, alteration, or revocation has been given
at a meeting of the Board held at least seven days before
that at which such making, alteration, or revocation, is
proposed, and unless special notice in writing thereof has
also been given to the members of the Board at least three
days before such latter meeting.
(3) The making, alteration, or revocation of rules
which shall relate to the meetings of the Association or
shall purport to regulate the proceedings of the Association
shall not be binding upon the Association until the same
shall be confirmed by a general meeting of the Association
held not less than fourteen days after the making, altera-
tion or revocation of such rules by the Board, and then
only, if special notice in writing of the making, alteration
or revocation of such rules shall have been given in the
notice convening such general meeting of the Association
or to the members of the Association at least three clear
days before the day of such general meeting.
(4) Rules made by the Board under the provisions
of this Ordinance or of any other Ordinance thereunto it
enabling shall have the force and effect of law upon being
confirmed by the Governor-in-Council. Such rules shall
be published in the Gazette, provided that it shall be law-
ful for the Governor-in-Council, by order to revoke the
confirmation of any rule, in which case such rule shall
thereupon cease to have such force and effect. Such revo-
cation shall be published in the Gazette.
(5) The production of the Gazette containing
such rule so published as aforesaid shall, in any suit or
proceedings whatsoever, be sufficient evidence that a rule
has been made, confirmed and published or revoked as
herein required; provided that no objection to the validity
of such rule which may be sustained on, the ground of its
repugnancy to this Ordinance or any other law in force
in the Colony, shall be affected by anything in this section
19. (1) All bananas grown in the Colony and in-
tended to be exported therefrom or intended to be
used either wholly or partially as an ingredient in
any manufactured product shall be delivered to the
Association at such place in Roseau or elsewhere in the
island as shall, from time to time, be determined by the
Board, and no bananas shall be exported from the Colony,
or bought for the purpose of being used in or for any
manufactured product except by the Association or such
person or persons authorised by them under licence.
(2) Subject to the provisions of section 33 of this
Ordinance all licences granted under the preceding sub-
section shall be revocable at the discretion of the Board.
(3) Any person exporting banans from the Col-
ony, or buying bananas in contravention.of sub-section (1)
of this section shall be liable to a fine not exceeding two
hundred and forty dollars or to imprisonment with or with-
out hard labour, for a term not exceeding six months, or
to both such fine and imprisonment.
20. All bananas delivered to the Assocation shall be-
come the property of the Association and the rights of the
member or the grower of such bananas and of all other
persons claiming through, under or against such member
or grower shall be none other than a right to receive such
sums as shall be payable by the Association to the persons
entitled to receive the same when such bananas will have
been sold by the Association.
21. (1) Any excess of the revenues of the Association
for any financial year thereof over the sums property
chargeable to their revenue account shall be placed in a
(2) The amount of the reserve fund and the uses
to which the fund shall be applied shall be governed by
Rules to be made by the Board with the approval of the
to become property
Excess of Revenue
to be placed to
(3) Income tax shall not be chargeable upon or
deduetable from the reserve fund of the Association.
22. (1) The Board shall, from time to time, subject
to the approval of the Governor, appoint fit.and proper
persons to be Secretary and Treasurer and such persons
shall hold office during the pleasure of the Board.
(2) The Secretary and Treasurer shall receive
such remumeration as may be determined by the Board
with the approval of the Governor to be paid from the
funds of the Association.
(3) The Secretary shall be the Chief Executive
Officer of the Associaiton and shall have all such powers
and perform all such duties as are or may be conferred
upon him by this or any Ordinance, or by any regulation
or order of the Board. He shall attend the meetings of
the Association and of the Board and shall keep the minutes
of the proceedings at every such meeting.
(4) In the case of the illness or absence of the
Secretary, the Board may, with the consent of the Gover-
nor, appoint some fit and proper person to be Assistant
(5) The Assistant Secretary shall hold office dur-
ing the pleasure of the Board.
(6) All things required or authorized by Law or
any regulation or order of the Board to be done by the
Secretary may be done by the Assistant Secretary.
(7) An Assistant Secretary, while acting for a
Secretary, may receive remuneration to be drawn from
the funds of the Association as the Board shall determine.
23. (1) The Board may from time to time appoint
such other officers and servants as may be required for
the efficient administration of the affairs of the Associa-
(2) Every such officer or servant shall hold office
during the pleasure of the Board.
(3) Every such officer or servant shall receive
such remumeration and shall perform such duties as may,
from time to time be assigned to him by the Board.
24. (1) The Board may require any officer or servant
appointed hereunder to give such security as may be
thought proper for the true and faithful performance of
the duties of his office, and for the due accounting for pay-
ing over, and delivering all monies, goods and chattels
which may come into his hands in virtue of such Office.
Association to be
Junior Offeers nd
Offers and servants
May be required
To furnish security.
1952 BANANA 01W.
(2) No officer or servant of the Association shall
be entitled to more than a month's notice of the termina-
tion of his employment, and the Board shall have no pow-
er to make any agreement for service involving longer
such notice or any claim for pension or compassionate
allowance except the same shall be authorised by the Gov-
ernor with the approval of the Legislative Council.
(3) If the Secretary or any other officer or any
servant appointed by the Board shall, directly or indirect-
ly, have any pecuniary interest in any agreement or con-
tract which shall be entered into by the Association or any
matter affecting the Board, such Secretary officer or ser-
vant shall report the circumstances of such interest to the
Board through the Chairman as soon as practicable after
he becomes aware of his having such interest; and in de-
fault of his so reporting, he shall be liable to summary
dismissal from the service of the Association.
Officers and servants 25. (1) Every officer or servant appointed by the
to account. Board shall give, at such times during the continuance
of his office, or within ten days after ceasing to hold it,
and in such manner as the Board may direct, a true
account in writing of all matters committed to his charge
and of his receipts and payments, with vouchers therefore.
(2) Every such officer or servant shall pay all
monies due from him to the Treasurer or as the Board may
(3) If any such servant or officer-
(i) refuses or neglects to deliver any ac-
count which he ought to deliver or any
voucher relating thereto, or to make any
payment which he ought to make, or
(ii) after three days' notice in writing,
signed by the Chairman and given or
left at his usual or last known place of
abode, refuses or neglects to deliver to
the Secretary or as the Board may oth-
erwise direct, anything whatsoever
which he ought to deliver or to give sat-
isfaction respecting it to the Board or
or as he may be directed, the District
Magistrate may, on the complaint of the
Chairman, or any other member of the
Board, by summary order require him
to make such delivery or payment or to
give such satisfaction and if he shall fail
to make such delivery or payment or
to give such satisfaction, he shall be
guilty of an offence against this Or-
(4) Nothing in this section shall affect any rem-
edy by action against any such officer or servant or his
surety, except that such officer or servant shall not be both
sued by action and proceeded against summarily for the
26. (1) The funds of the Association shall consist of Asso"b tionds
the subscriptions of members of the Association and of
any moneys granted to the Association by the Govern-
ment of this Colony or by any body authorised by the
Imperial Government to make grants for the development
of British Colonies and of moneys donated or bequeathed
to the Association and all moneys payable to the Associa-
tion under any of the provisions of this Ordinance or
(2) The Association may, with the consent of the
Governor-in-Council borrow money for the carrying out
of its purposes and may charge in any manner all proper-
ty of the Association of every nature and kind whatsoever
and all its funds and all the revenues of the Association
present and future with the repayment of money borrow-
ed for such purposes.
(3) The Association may, with the consent of the
Governor in Council advance money to producers on such
terms as the Board may think fit subject to the approval
of the Governor in Council.
27. All books of accounts of the Association and all
moneys documents and things pertaining to the Associa-
tion in the custody of or under the control of the Associa-
tion, or of the Board, or of any officer or servant of the
Association, shall, at all times, be subject to inspection
and audit by the Auditor of the Windward Islands or by
any Clerk of the Audit Department in like manner as
though such books of account, moneys, documents and
things were in the custody or under the control of a Public
Officer in his official capacity.
28. (1) Any person who is guilty of an offence
against this Ordinance or against any rule made hereunder
shall, on conviction thereof, where no other penalty has
hereinbefore been provided, be liable to a penalty not ex-
ceeding One hundred dollars, and, in default of payment
to imprisonment, with or without hard labour, for any
term not exceeding six months.
(2) Every proceeding instituted against any such
offender shall be taken in the name and at the instance
of the Secretary or of any other person authorised by the
Board, or in the name and at the instance of the Super-
intendent of Police.
Penalty feir offences.
failure to deliver.
loss by accident or
(3) Every non-indictable offence against this Or-
dinance or any rule hereunder shall be heard and deter-
mined by a Magistrate, .as an offence punishable on sum-
nary conviction, and the mode of procedure, unless varied
by this Ordinance, shall be according to the provisions
of any law, now in force or hereafter to be made, regu-
lating the procedure before Magistrates.
29. (1) In the event of any dispute or difference
arising between a member and the Association in connec-
tion with the selection, grading or rejection by the Asso-
ciation of any bananas such dispute or difference shall be
heard and determined by two orbitrators one of whom
shall be a member of the Board nominated by the Secre-
tary and one a member of the Board nominated by the
member aggrieved. The member desiring such arbitration
shall, within four hours of the rejection of the fruit, serve
a notice in writing on the Secretary intimating his desire,
and such notice shall be accompanied by a deposit of ten
shillings, which sum or part thereof at the discretion of
the arbitrators may be retained and be placed to the credit
of the Association in the event of the arbitrators deciding
in favour of the Association.
(2) On receipt of such notice and deposit, the
Secretary shall nominate his arbitrator, who shall within
eight hours proceed with the reference, failing which the
arbitrator of the member aggrieved may proceed to act
alone and his decision shall be final and binding on both
(3) In the event of arbitration being decided in
favour of the member aggrieved the aforesaid deposit of
ten shillings shall be refunded to the member aggrieved.
(4) In the event of failure of agreement to de-
termine any such dispute or difference by arbitration, the
matter shall be referred to the Agricultural Superintendent
or any officer deputed by him as Referee, and his decision
as to the dispute or difference, and as to the retention of
the deposit aforesaid by the Association shall be final and
binding on both parties.
30. (1) No member shall be held responsible for
failure to deliver bananas on account of destruction of
the cultivation or fruit by hurricane or other inevitable
casualty, loss by fire, theft, or unnatural restraint, in-
ability to provide transportation, or unforeseen accident
or cause beyond the control of the member.
(2) And the Association shall likewise not be
held responsible for failure to accept any bananas through
loss or inability arising from any of the above mentioned
accidents or causes or any disability whatsoever arising
from occurrences beyond the control of the Association.
31. There shall be no liability of any individual
member of the Association, other than for the payment
of entrance fees, to contribute to the expenses of the As-
sociation in the event of any failure to provide funds or
of insufficient funds to meet any just debts or expendi-
ture incurred by or on behalf of the Association or any
member thereof duly authorised by or on behalf of ,hhe
Association, or for any pecuniary losses arising from the
working of the Association, or for any default or any
suit for or against any person or persons.
32. The Board or any member thereof shall at all
reasonable hours have the right to enter into any land of
a, member in banana cultivation of any description what-
soever whether of the Gros Michel variety or otherwise,
for the purpose of determining the variety or quantity
of bananas grown thereupon, and as to the condition of
the bananas and the method of reaping thereof in accord-
ance with the requirements of the Association.
33. The Governor-in-Council may, after consultation
with the Board, give to the Board directions of a general
character as to the exercise and performance of their func-
tions under the provisions of this Ordinance in relation
to matters appearing to the Governor-in-Council to con-
cern the public interest, and the Board shall give effect
to any such directions.
No liability of anr
Council may give
directions to Board.
34. All rules made-under the Banana Ordinance, 1934, saving.
shall be deemed to have been made under this Ordinance
and shall continue in force until other provision shall be
made under this Ordinance.
35. The Banana Ordinance and all
thereto are hereby repealed.
Clerk of the Legislative Council.
OBJECTS AND REASONS
The objects of this Bill are to consolidate existing
Banana Legislation and to permit the Governor in Council
to give directions to the Board in matters appearing to
concern the public interest.