• TABLE OF CONTENTS
HIDE
 Main
 Imperial Instrument no. 4...
 Imperial Instrument no. 5...






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/UF00076862/00257
 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: VID00257
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 340
        Page 341
        Page 342
        Page 343
        Page 344
        Page 345
        Page 346
        Page 347
        Page 348
        Page 349
    Imperial Instrument no. 4 of 1952
        Page A-24
        Page A-25
        Page A-26
        Page A-27
        Page A-28
        Page A-29
        Page A-30
        Page A-31
        Page A-32
        Page A-33
        Page A-34
        Page A-35
        Page A-36
        Page A-37
        Page A-38
        Page A-39
        Page A-40
        Page A-41
    Imperial Instrument no. 5 of 1952
        Page A-42
        Page A-43
        Page A-44
Full Text




















Dominica.


Official


VOL. LXXVI.


.- '-a,
D u bAli T b Ht b fv p u t b o r i t p

ROSEAU, THURSDAY, OCTOBER 22, 1953.


Government Notices.


No, 319
TENDERS
MAKING OF UNIFORMS FOR GOV-
ERNMENT OFFICERS
TENDERS are invited for the making
of uniforms for Government Officers for
the year commencing on the 1st January,
1954, and terminating the 31st December,
1954, as follows :-
(a) In Khaki for the N.C.Os.
(b) In Khaki drill for all Grad d Sub-
ordinate Officers and any other Govern-
ment Officers to whom uniforms are
issued,
(c) In Khaki, serge and drill for Excise
Officers
(d) In blue serge and cotton duck for
Treasury boatmen
(e) In Khaki drill for the Keeper of
the Prison and Prison Warders.
(/) In blue serge and white duck for
the N.C.Os. and men of the Police Force.
2. Tenders should be in sea ed enve-
lopes and should be marked Tenders
for making of Uniforms and should be
addressed :--
The Chairman,
The Tenders Hoard.
The Treasury,
Roseau
and should reach the Treasury not later
than 2 p.m. on Monday November 2nd,
1953.
3, The Government does notbind itself
to accept the lowest or any tender.
1485,31
No. 320
GOVERNMENT PRINTING
( TENDERS are invited for the perform-
ance of Government Printing for one year
from the 1st January, 1954.


The condition of contract can be seen
on application at the Treasury.
Lenders should be in sealed envelopes
and should be addressed :-
The Chairman,
The Tenders Board,
The Treasury
Roseau
and should reach the Treasury not later
than 2 p.m. on Monday November 2nd,
195:3.
The Government does not bind itself- to
accept the lowest or any tender and will
reserve the rihc to have such printing as
it is considered necessary done at the
Government Printing Office, Grenada, or
through the Crown Agents for the
Colonies.
1485. 31
No 321
SUPPLIES TO ALL (GOVERNMENT
DEiPARP,'iENTi IN PORTSMIOU ['lI
TIEN;)iR 9 for s up,'li13 to G.LL GI"Eiz-
MENT I)EPAR'MENTSd N PORTSMOUTH are
invited for twelve months comrnliencingl
on the Ist day of January L'5 i and ending
on the 31st December. 1951.
2, The conditions of the contracts
with sebedules of all suop ies requi ed
may be obtained at the Ailmin'strator's
OIice. The attention of parties tendering
is invited to these conditions.
3 Tenders which should be in sealed en-
velo es and n.arled "Tenders for supplies
ifi- governmentt Iep)- tments (Ports-
mouth)", should be addressed : -
The Chairman,
1ThI Tenders Board.
The Treasury,
Roseau.
and should reach the Treasury not later
than 2 p.m. on Monday November 2nd.
1953.


Gazette.


No. 67










OFFICIAL GAZETTE, THURSDAY, OCTOBER 22, 1953


4. Samples of groceries and textile
materials, the supplies of which are tend-
ered for, should be submitted with tend-
ers and should be marked with the name
of the person tendering
5. The Government does not bind itself
to accept the lowest or any tender,
1485/31


No. 322
TRANSPORT OF PUBLIC Ol,'FICERS
TENDERS are invited for the transport
of Public Officers travelling on duty by
motor car, when such Gover nnent trans-
port is not available, for jour.eys within
Roseau and from Roseau to any place
outside of Roseau and vice versa for the
year commencing 1st January 1954 and
terminating the 31st December, 1954.
All tenders should be marked Tenders
for transp irt of Public Officers by motor
car and should be addressed to the
Chair man of the Tenders Board. The Trea-
sury, Roseau, and should specify the rate
tennered in respect of the following
journeys :--
Within Roseau $ c,
Aquatic Club
tiellevue Chopin
Canefield
Castle Comfort
Castle Bruce Junction
Clarke Hall
Copt Hall
Emshall
Everton
Fortune
Geneva
Goodwill
Grand Bay
Hillsborough
King's Hill
La Haut
Layou
Leper Home
L'Imprevue
Loubiere
Mahaut
Massacre
Morne Bruce
Morne Daniel
Mount Joy
Mount St. Mary
Observation Station
Penrice
Pichelin
Pointe Michel
Quarantine Station
Ridgefield
Riversdale
River Estate
Rockaway
St. Aromant (via Bath Bridge)
St. Aromant (via Goodwill
St Joseph
Shawford
Snug Corner
Springfield
Sylvania
Trafalgar
Tranquility
Wireless Station
Wotten Waven
and vice versa. The prices tendered
should include the double journey though
tenders should state what reduction, if
any, they are prepared to make if the car
is occupied one way only.


Rate per mile for journeys not speci-
fied ; also stating reduction if any, in the
event of the car beir.g occupied one way
only,
Detention, No charge for detention
should be made for the first hour, but
subsequent hours may be tendered for,
at so much per hour or portion thereof,
Tenders should reach the Tenders Board
not later than 2 p.m. on Monday the 2nd
November, 1953.
The Government does not bind itself to
accept the lowest or any tender.

No. 323
MONTHLY ROUND THE ISLAND
SERVICE
TENDERS are invited for tie perform-
ance of a "Monthly Round the Island
Service" by motor vessel for the purpose
of conveying passengers and freight
from and to the Windward Coast
Villages of this Colony for a period of
one year from the 1st January, 1954.
Tenders which should be in sealed
envelopes ai d marked"Tenders for Round
the Island Service" should be ad'
dressed :-
The Chairman,
The Tenders Board,
The Treasury,
Roseau.
and should reach the Treasury not later
than 2 p.m on Monday November 2nd,
1953.
3, The Government does not bind
itself to accept the lowest or any tender.
1485/31

No. 324
COASTAL SERVICE BErWEEN
ROSEAU AND PORTSMOUTH
TENDFRS are invited for the perform.
ance of a Coastal Service between Roseau
and Portsmouth and vice versa three
times a week by motor launch for a:per od
of one year and for the following
services : -
Monday leave Portsmouth 9.30 a.m.
,, arrive Roseau 12.30 p.m.
,, leave Roseau 3 p.m.
,, arrive Portsmouth 6 p.m.
Wednesday leave Portsmouth 7 am.
,, arrive Roseau 10 a m.
,, lave Roseau 1 p.m.
arrive Portsmouth 4 p.m.
Thursday leave Portsmouth 1 p m.
,, arrive Roseau 4 p.m.
Saturday leave Portsmouth 7 a m.
,, arrive Roseau 10 a.m.
,, leave Roseau 1 p.m.
arrive Portsmouth 4 p m.
or for such services as may be arranged
with the concurrence of the Adminis-
trator.
2, A deduction of one dollar and
twenty cents ($1.20) an hour or part of
an hour will be made from the subsidy in
the event of failure to keep to the ser-
vice agreed to, unless it can be shown to










OFFICIAL GAZETTE, THURSDAY, OCTOBER 22, 1953


the satisfaction of the Administrator that
the delay was caused by bad weather, or
by accident outside the control of the
Contractors.
3, The length, beam, depth and draft
of any launch it is proposed to employ on
such service must be stipulated together
with the carrying capacity rand speed.
No launch of les than the following
dimensions will be considered : -
30 ft. in te, gth, beam of 7 ft. 6 ins.
depth of 4 ft. draft 2 ft. 6 ins. speed 8
knots an hour and capable of carrying 25
persons.
4. The Administrator reserves the
right to reduce the subsidy in the event
of the Contractors being compelled to
perform the service with smaller launch
or launches than that of those agreed to
5. All Government Officers in the ser.
vices of the Colony, Members of the
Executive and Legislative Councils travel-
ling on duty, prisoners in custody of the
Dominica Police Force and their baggage
and Her Majesty's mails shall be carried
free of charge on any launch employed on
these services.:-
6 The lowest or any tender need not
necessarily be accepted.
7. Sealed tenders addressed :-
Tenders Coastal Service,
Financi .1 Secretary.
Treasury,
Rcseau
should be sent so as to reach the Treasury
not later than November 2nd, 1953.
Tenders received after that date will not
be considered.
1485/31

No. 325
MOTOR OMNIBUS MAIL AND PAS-
SENGER SERVICE BETWEEN PORTS-
MOUTH AND MARIGOT
TENDERS are invited for the perform-
ance of a Motor Omnibus Mail and Pas-
:senger Serviee between the Town of
Portsmouth and the village of Marigot
for the year 1954.
Sealed Tenders, whioh should be marked
Tenders for Motor Omnibus Service"
and addressed :-
The Chadrman,
The Tenders Board,
I he Treasury,
Roseau.
must reach the Tr.easury not later -han 2
p.m. on Monda y, November 2nd,
1953.
The conditions of the contract can
be seen on application at the Treasury,
The Government does not bind itself ,to
accept the lowest or any tender.
1485'31

No. 326
SUPPLIES TO ALL GOVERNMENT
DEPARTMENTS AT MARIGOT
TENDERS for supplies to all Government
Departments at Marigot are invited for


twelve months commencing on the Ist
January, 1954 and ending the 31st Decem-
ber 1954
2, The conditionsof theeontracts with
schedules of all supplies required may be
4l>tainred at the Administrator's 4Office.
Thle attention of parties tendering Is in-
vitecd to these conditions,
: l Trcndes which should be in sealed
envelopes and marked "Tenders for sup-
iflies for Government Departmen :s (\,!ai-
got)'" msould be addressed:--
The Chairman,
the 'lenders Board,
The Treasury,
Roseau.
and should reach the Tlreasury not later
than 2 p m. on Monday, Nov.mber 2nd,
1>53.
4. Samples of groceries and textile
materials, the supplies of which are ten-
dered for should be submitted with ten-
ders and should he marked with the namue
of the person tendering.
5. The Government does n ot bind it-
self to accept the lowest or any tender.
148bt/31

No. 3.7
SUPPLY' IES '10 ALL GOVERN MiENT
1.)EPARTMINTSIN ROSI-A U
'T'ENolfAs for supplies to all GorwERN.
MENT DEPAET'MENTS IN [ROSEAU are in-
vited for twelve mount' s eommencng on
the 1st January, 1954 and ending the 3ist
DEce i:ber, 1954.
2. The conditions of the contracts wiin
schedules of all supplies required may be
obtained at the Admninistrator's Oficii
The attention of the parties tendering is
invited to these conditio;.s.
3. Tenders which should be in sealed
eenvelopes and mrarkel" Tendleis for sup-
p!ies for Governmtent Departments .(Ros-
eau)" sh'ull 1 e a'ri.rese :
The Charman
The I'ender Board,
The Treasury
and should reach thie Treasury not later
than 2 p.m. on Monday, November 2nd,
1953.
4. Samples of gr coe'si and textile
materials, the supplies of which are ten-
dered far, should be submitted with ten.
ders a.nd should be marked with the name
olf the person teiderirng,
5 The Government does not bit.d
-itself to accept the-lowest or any tender,

-...----

.No. 328
SU APPLES TO LE -ER HOME
T'f'.,~IS for supplies to the Leper
Home are invited for twelve months con-
mencing on the Ist January, 15-34 and
*ending the 31at December, 1.954
2. The conditions of the contract with
schedules of all supplies required may be
obtained at the Administrator's Ofice
'The attention of parties tendering is in-
vited to these conditi ns.









343 OFFICIAL GAZETTE,

3. Tenders which should be in sealed
envelopes and marked Tenders for sup-
plies for Leper Home, should be ad-
dressed :-
The Chairman,
The Tenders Board,
The Treasury,
Roseau.
and should reach the Treasury not later
than 2 p.m. on Monday, November 2nd,
1953.
4, Samples of gro-eries and textile
materials, the supplies of which are ten-
dered for, should be submitted with ten-
ders and should be marked with the name
of the person tendering.
5. The Government do-s not hind itself
to accept the lowest or any tender.
1485/31
No. 329
SUPPLIES TO ALL GOVERNMENT
DEPART.MVENTS AT GRAND BAY
TENDERS for supplies to all Govern-
ment Departments at Grand Bay are
invited for twelve months commencing on,
the 1st January, 1954 and n ling the 31st
December, 1954.
2. The conditions of the Contracts with
schedules of all supplies r quired may be
obtained at the Administrator's Office.
The attention of the parties tendering is
invited to these conditions
3. Tenders which should be in sealed
envelopes and marked Tendeis for
Supplies for Governmer.t Departments
Grandbay)" should be addressed: -
The Chairman,
The Tenders Board,
The Treasury,
Roseau.
and should reach the Treasury not later
than 2 p m. on Monday November 2nd,
1953.
4. Samples of groceries and textile
materials, the supplies of which are
tendered for, should be submitted with
tenders and should be marked with the
name of the person tendering.
5. The Government does not bind
itself to accept the lowest or any tender.
1485/31.

No. 330
CONVEYANCE OF CEMENT, FURNI.
TURE, ETC. FROM ROSEAU TO PORTS.
MOUTH AND VICE VERSA.
TENDERS are hereby invited for the
conveyance of cement, furniture and
other articles for the Government from
Roseau to Portsmouth and vice versa for
a period of one year from Ist January,
1954 to 31st December, 1954.
Tenders should be in sealed envelopes
and marked "Tenders for Conveyance of
Cement and other Articles," and should
be submitted not later than 2 p.m. on
Monday y, November 2nd, 1953, and
should be addressed to:--


THURSDAY, OCTOBER 22, 1953

The Chairman,
The Tenders Board,
Tne Treasury,
Roseau.
The Government does not bind itself to
accept the lowest or any tender.
1485,31.
No. 336
VACANT POST OF LIBRARIAN,
PUBIC LIBRARY, ST. VINCENT

APPLICATIONS are invited for the
vacant post of Librarian, Public Library,
St. Vincent.
The salary of the post is in the scale
$1368 x $72 $s2160 per annum and corn -
S mencing salary will depend on the quali-
fications an:i experience of the officer, No
Cost of Living Allowanes is payable.
The officer will be responsible for the
running and organisation of the Public
Library in Kingstown and for the organ-
isation and supervision of various branch
libraries throughout the Colony and will
be required to perform such other duties
connected with Library work as may
from time to tioe be assigned by the
Administrator.
IThe officer should possess the Associate-
ship Certificate of the English Library
Association.
The post is pensionable and any claim
to pension acquired in respect of previous
Colonial Service will be retained. Free
first class passages are provided for the
Officer, and up to four members of his
family, namely a total of 5 in all, on first
appointment only. No Assisted Passages
are granted on leave.
Applications should be addressed to the
Assistant Administrator and Establish-
ment Officer, Government Office, ST.
VINCENT, and should reach him not
later than 30th November, 1953.

No, 338
Obituary
THE Administrator has learnt with deep
regret of the death on October 6th, 1953,
of Mr. HENRY PERRY WINSTON.
Mr. WINSTON served in various depart.
ments of the service, retiring in 1919 as
Magistrate, District "F "
TUI Administrator has learnt with
regret of the death on October 10th, 1953,
of Mr PAMPHIL DocTROVE, Messenger,
Audit Department.
October 19th, 1953.

No. 339
APPOINTMENT OF DEPUTY
CORONER, GRAND BAY
His Honour the Administrator has been
pleased to appoint Mr FIGA!;EL JOHN
LEWIS, Deputy Coroner for Grand Bay
effective from October 17th. 1953.
430/41
October 19th, 1953.









OFFICIAL GAZETTE, THURSDAY, OCTOBER 22, 1953.


No. 340
NON-DISALLOWANCE OF
ORDINANCE
IT is notified for general information
that the Secretary of State for the Col-
onies has notified His Excellency the
Governor that the Queen will not be
advised t exercise Her Majesty's 1,owcr
of disallowance with respect to the
undermnntioned Ordinance passed by the
Iemislative Council of Dominica:-
No. 7 of 1953, WagesCouncils Ordinance,
1953.
Ref M. P. 187/52
October 19th, 1953


No. 841
IMPERIAL INSTRUMENTS
THk following Imperial Instruments are
circulated with and form part of this
issue if the Oj)iicil (;azctte :-
No. 4 of 1952. The Colonial Civil A aviation
( \pllicalion of Act) Order, 1952.
Ref 1.1'. 520'53
No. 5 of 1952 The Colonial Air Naviga-
tion (Amendment) Order, 1952.
Ref. M. P? 520/53.
October 22nd, 195:3.


No. 342

Remembrance Day
SUNDAY NOVEMBER 8th, 1953.
THE official commemoration of Remembrance Day will take place at
the War Memorial, Victoria Street, Roceau, 1953, beginning at 10 55 a m.
2. The form of the Ceremony will b-> as fi lows :-
(1) His Honour the Administrator will arrive at the War
Memorial at 10.58 a.m.
(2) Two minutes silence, 11.00 a.m. to 11.02 a.m.
(3) The Last Post and Reveille ".
(4) Hymn The Supreme Sacrifice by Sir John Arkwright
(to the accompaniment of the Band of the Dominica
Mu.ic Lovers' Society).
(5) Laying of Wreaths.
(6) Natio';. Anthemi.
(7) His Honour leaves and takes up position at the Saluting
Base affixed on sidewalk facing Government House.
(8) Detachments March Past independently.


3. Wreaths
(1)
(2,
(3)
(1)
(5)
(6)
(7)


will be laid in the following order :
His Honour the Administrator.
His Lordship the Bishop of Roseau.
The President, the Dominica 1.egion.
The Chairman the Roseau Town Council.
The Reverend Canon C.V. Eversley, Island Scout Corn
missioner.
Mrs. J.W.A. Osborne, Island Girl Guides Commissioner.
Others.


4. It is hoped that as man, as possible of those who served in Her
Majesty's Forces and in the Nursing Services during the wars of 1914-1918
and 1939-1945 will be present it the Cerenony. War Medals and Decora-
tions should be worn with civilian dresS by all ex officers, ex-servicemen
and women and members of the Nursing Service. V edals held by relatives
of deceased men may be worn by such relatives on the right breast.
5. It is also hoped that the Boy Scouts and Girl Guides will be
present.
6. Members of Councils, Heads of Religious Denominations, Heads of
Government Departments and their staff, Con ;ilar Officers, Members of the
Roseau Town Council, Managers of the Banks and the general public are
invited to attend the Ceremony at the War Memorial and to be in their
places punctually at 10.55 a.m.
7. All persons are requested to observe the two minutes silence at
11.00 a.m. and all vehicular traffic and normal activities should be suspend-
ed during the silence. For the purposes of the Ceremony and the silence
to be observed at the War Meiorial, time will be taken by the Cathedral
clock.
949/53
14. 10. 53.









345 OFFICIAL GAZET-TI, THURSDAY, OCTOBER 22, 1953

No. 843
RADIO AMATEUR TRANSMISSION
The following list of Frequency Bands Allocated for use by Amateur Experi-
mental Stations under 1952-1953 Licences is published for general information:-
BANDS TYPE OF EMISSION
3500-4t:0U Ke Al
3850- 4000 Kc 2
7150-7:'0(0 Ke A A A1
14100-1 300 Kc AI, A;
14200 -14300 Ke A3
21000 --2 45') Ke Al, A3
27 85-- 27455 Kc AO. 1,2,3,4.
28 29.7 Me A]
28.5 -29.7 Me A3
5,) 54 Me A 12,3.4
144 148 Me All Lmisions
235 240 Me do -


420
1215
2300
5250
10000
2100')
30,00


- 480 Me
- 1295 Me
-- 2450 Me
- 5'>^00 Me
- 10.'00 Me
-22000 Me
- up


Limited 50 Watts all envisions


All Emisions


Al Telegraphy on pure continuous wlvv',
A2 Modulated Telegraplh
A3 Telephony
A4 Facsii ile
2 This notice supersedes No. 192 of Friday June 12th, 19i,; which ap-
peared in the Official gazettee of that date,
Ref M.1'. 64v/52
October 20th, 1953
Ily ComRi'irnd
I) K. BijhwrN,
Ag. Government Secreta y


Departmental and other

Notices



Roseau TOWil council

Office of the Posenu Town Council.
:5th J,,ly. 195.
AT a meeting of th; Roseau 'lown
Council held this day, there were pre-
sent:-
Hon N. A. JetFers, Chairman,
Hon John Bully,
Dr C.( Terrell, ( B.E ,
Mr L. OGreen,
Mr. (I A, James.
Absent:- Mr. G. A. Grant.
Mr R. iernard lR:yer.
Mr. P.O. Winston,
Minutes: Minutes of the meeting of
the Roseau Town Council held on t.e 17th
June, 1953 which h&d been previously
circulated to Members, were confirmed.
Vote for Expendiut, e: Account.s and
Pay Lists passed by the Accounts Com-
mittee for payment amounting to $6556.
02 were laid on the table.
On the motion of Mr. James, seconded
by Mr. Green, it was resolved that the
expenditure of the suni of $6556.02 for
the services of the Council during the
month of June, be sanctioned,


The motion was put to the vrte and
carried.
Sttrtment of the Town FIuinid: State-
mrent of the Town F'und for the m',nth of
June was I (ad showing a credit balance
uf !1I98 L0 on the 30th June, :!5"i
ifHpo'lts: The Town Clerk':s R"port,
which had been previously ciculitt.'di to
rnembeis, was laid on the table.
The Town Clerk reported aimng oth!,r
things that it had been almost iiiissible
to get Mr. Dorival. Foreman Water
Works to do his regular work during the
past two weeks. During that period he
had been always in a drunken state and
reports received from persons Ahose
water services we e either choked or in
need of repairs and also in connection
with public hydra.ts and stand pioes had
not been attended to. In spite of enter-
ing reports in the Water Works Report
Book and also notifying him about them,
nothing had been done up to Saturday
the 11th instant The matter was report-
ed to the Mayor on that day and one
Owen Anthony, a plumber, was called in
to relieve the situation.
It was not the first or second time that
had happened and he had on many occa-
sions spoken to Dorival about his be.
haviour. This sort of thing he said could
not continue and had no alternative but










OFFICIAL GAZETTE, THURSDAY, OCTOBER 22, 1953.


to recommend his dismissal.
It was decided that the Water Works
Committee should investigate the matter
and report their findings and recommen-
dations to the Council.
The Town Clerk also reported that oin
the 25th June last an animal was brought
into the Market for slaughter. The car-
cass was inspected by the Meat Inspector
who condemned the meat as being unfit
for human consumption. The carcass
was dumped into the sea the same after-
noon and on the following day it was re-
ported that one Arthur Vigilant had been
selling the same meat at Pottersville to
the public. Vigilant was prosecuted and
fined $24 '00 by the District Magistrate or
in default of payment to imprisonment
for a term of three months.
It was decided that in future the car-
casses of condemned animals should be
placed in bags, weighed and dumped in-
to the sea. The Market Clerk must go
out in the boat and the meat m-ust be
dumped a good distance from the shore.
The Meat Inspector's Report for the
month of June was read.
The Chief Sanitary Inspector's Report
for the month of June, which had been
previously circulated to members, was
laid on the table.
Pigs: A letter dated 14th July, 1953
from Mr. C J. Burton was read, referring
to the Town Council's By-Law No. 4 of
1896 prohibiting the keeping of pigs with-
in the limits of the Town and asking if
the Council would consider amending the
By-Law to permit the keeping of pigs,
The matter was discussed, the opinion
,of the Medical Officer of Health sought
and it was decided that the Council was
-unable t, accede to the request.
Street Lighting: A letter No. 1014/52
-34 of the 11th July, 1953 from His Hon-
our the Administrator was read inform-
ing the Council that, after due considera-
tion, he regretted being unable to ask
the Crown Attorney to give an opinion on
the draft contract which had been agreed
upon between the Colonial Developnent
Corporation and the Roseau Town Coun-
cil.
He considered that in the light of se.'-
tion 3 (3) af the eoseau Town ('Cuncil.
Ordinance 1937 (No. 23 of 1937). the Ro-
seau Town Council, as a body corporate,
should arrange to obtain legal advice, as
far as possible in the first instance, from
a legal practitioner other than the Crown
Attorney.
The Council decided that the Chairman
should arrange to obtain advice from a
legal practitioner,
Statements: Statements of Revenue
and Expenditure for the half year ending
30th June, 1953, which had been previ-
ously circulated to members, were laid
on the table.
The Chairman pointed out that the
vote for maintenance of Streets &c. was
insufficient for the amount of work that


was required to be done. The streets and
drains were in dire need of repair and
due to increased heavy traffic on the
streets the wooden man-hole covers must
be replaced by iron ones, in order to ob-
viate the payment of claims for damages.
The Council agreed that the Chairman
should ask Government to make applica-
tions on nehall of the Roseau Town (oun-
ci! for allocation for a grant fiom th-
Colonial developmentt and Welfare Or-
ganization for the repairs to Streets of
Roseau.
Buidig oppli:ations: A letter dated
30th June, 1953 from the Secretary, Cen-
tral Housing and Planning Authority was
,ead infoming the Council that the ap-
plications of the undermentioned persons
were considered and approved; viz: -
Megan Wilson and Oetavia John.
Application of Maxime Jerome was
disapproved; applicant must satisfy the
requirements of the First Supplementary
Goodwill Scheme.
The following applications were recom-
mended to the Cienir.al Housing Authority
as complying- with the provisions of the
Linildings. By-law: -
Lorna Le .lan.e To extend a one-
storied dwelling hi)usein Iack Street,
A II. Marie-- To erect a two-storied
dwelling house in Queen Mary Street
iMary Hougouneau To extend a one-
storied dwelling house in Great Marlbo-
rough Street.
Reuben Phillip Toerect a kitchen at
tie Aquatie Club on the Goodwill leach.
Carma Maximin-- To remove a dwel!-
ing nouse from New Town to Puttersville.
lMarion Nicholas To remove a dwell-
ing house from )Hillsborough Street to
Goodwill.
The following a pplicatiorns under the
Building's ly-Law were approved by the
Coincg.
Alice Joseph To erect a kitchen in
Cross Street.
Albert, osaph-- To remove a dwelling
house fron one lot to another in Victoria
Street.
Triffena Erskine To remove a dwell-
ing house from one lot to another in Vic-
Loria Street
Robert Xavier-- To remove a dwelling
house from Cockrane to New Town.
James RoIle- To ereet a Kitchen in
Virgin Lane.
Elney har.les-- To erect a kitchen in
Field lane
Marie A Peltiar To erect a Verandah
to a two-storied dwelling house in ship
Street.
Anastamie George "To erect a kitchen
in itver Street.
Cy il Joseph-- To erect a kitchen in
Eliot Avenue. Pottersvi'le.
Alable Hlypocrate -- .o ei ect a kitchen
.in Eliot A.venue, Pottersville
Dangerous Tl ee': A letter dated 6th
July, 1953 from Johnathan Allen .'as
read complaining of branches of a Bread-
fruit tree on tte property of Sydny
Williams which overhung his dwvelling
house.
It was resolved that the overhanging
branches be lopped off.
A letter dated tth July, 1953, roin
ChI'istine Cuffy was read complaining of
a Coconut tree on the property of Mli.s
Mna Shllingford which was a .danger to
life and property.










OFFICIAL GAZETTE, THURSDAY, OCTOBER 22, 1953


It was resolved that the branches
should be lopped off,
Street Lights: A letter dated 29th June,
1953 from Mr E. J. Giraud was read ask-
ing that a Street Light be placed at the .
angle of Cross and Field Lanes.
The Town Clerk was instructed to in-
form Mr. Giraud that the wnole matter
of Street Lighting in Roseau was receiv-
ing the consideration of the Council.
Huge Trees in Roseau: A letter dated
8th July, 1953 from Mr. C. Loblack was
read stating that the Town of Roseau is
just like La Personne with huge trees,
which are very dangerous to lives and
properties; therefore he hoped the Town
Council would not hestitate to order all
the big trees to be cut down immediately.
It was decided that the list of danger-
ous trees made out recently he submitted
to the Council for consideration.
Claim for Damgqs: A letter dated
13th July, 1951 from Mr. G A. Jlames
was read, submitting claim on behalf of
Mr. Alfred William for damage caused to
his foot while crossing a concrete culvert
which gave way underneath him.
'The Chairman appointed a Committee
consisting of Messrs. Royer and Green to
investigate the matter,
IWater Service: An application f r:in
Marie A. l'eltier to connect hir premises
in Ship Street to the Water System of the
Town was read.
It was resolved that the application be
granted on the condition that adequate
provision was made for the escape of
waste water.


Wind.sor Park: A letter dated 14th
July, 1953 from the Chairman. Football
Sub Committee, Dominica Amateur sports
Association was read, applying for the
customary permission to play football at
Windsor Park during the forthcoming
Football Season commencing 1st August.
A letter dated 14th July, 1953 from the
Hony. Secretary. Shamrock Football Club
was read applying for permission to prac-
tise footb all at Windsor Park.
It was decided that the Council would
be willing to grant such permission pro-
vided that a written guarantee be given
by the Dominica Amateur Spoi ts Associa-
tion and the Shamrock Football Club
stating that they were prepared to accept
responsibility for any damage caused to
the neighbours or their properties by
players during Football Matches or foot-
ball practices.
Roseeiu F ist Suipplement'ary Scheme:
A letter dated 16th February, 15:1
from the Secretary, Central Housing and
Planning Authority was read submitting
a copy of the Roseau First Supplemen-
tary Scheme for the early consideration
and coimmentts of tne Roseau Town Coun-
cil.
The Chairman fixed Wednesday, the
22nd July, 1953 for a meeting of the
Council to consider the scheme.
The meeting then rose.
Cotifirmed this 19th day of August,
1953
(Sgd ) N. A JEFFEL:S,
Ch,'irn)an
Roseuu 'lown Council.


In the Supreme Court of the Windward Islands

and Leeward Islands,
DOMINICA CIRCUIT.
In the matter of the Forest, Soil and Water Conservaticn Ordinance, 1946.
And

In the matter of the Title to the Stonehill Estate situate in the Pari.h
of St. Joseph in the Colony of Dominica

ELIZABETH II, By the Grace of GOD of the United Kingdom of
Great Britain and Northern Ireland and of Her other Realms and Territories
Queen, Head of the Commonwealth, Defender of the Faith,
To all persons claiming an interest in the lands and tenements herein.
after 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 April, 1954.
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 on appear-
ance, either in person or by Solicitor in the office of the Registrar, and
shall, within one month from the date of appearance, lodge in the said
office a written claim containing a statement of the reasons on which the








OFFICIAL GAZETTE, THURSDAY, OCTOBER 22, 1953. 348

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 proceedings will
be heard and taken without you.
IN WITNESS WHEREOF, We have caused the Seal of Our s-id Court
to be hereunto affixed at Roseau this 5th day of June, 1953.
T. A. BOYD,
Registra r.
E 1MLi








0-






(-1g
*


c00
C CO

00 C-
71' 1.-)


00
r i 2

CC PS )
cd



CCQ
0)









FS^
2-,



m i-


.E '


o U 0m t- L 00
00 C C. 0-


C) C'i I CC cm 00- CO
I00 l2' C L0 c-z
00 0 :














.







cis 1 al -4 _V C4 :
o3 47


C C. C
C H











c ci)


0 CT) C) C 00 .
C.) -4 C ) Go 1
0(000 0 00


60-3 C)





--CI
00 --I'
'M .-l v-t 0 j

^"S C- '.\ C




oo c


__________ I


P4-
o
Ccc





e* c












- 44*C. ci...
" 'G 0 cc
C4l C C0 C 0
Cci~ 0 00c~


cci 1 0)c) ) *m~


c)


'5aJ

C3) 4'
x





C -C
4 ca
C-.


>
ci)






z
0 -
S' 3






>-1


0
2f


C
C)

C^.)
Q

*c*


w1
fr


DOMINICA

Printed atitheBBULLETIN OFFIcE] Roseau,--By Authority


349 OFFICIAL GAZETTE, THURSDAY, OCTOBER 22, 1953


C w


C.


-

.
,^ -s' j


' /
( /


4 ., :








IJ. 4 S.24


DOMINICA

IMPERIAL INSTRUMENT NO. 4 OF 1952

The Colonial Civil Aviation (Application of Act) Order, 1952.
M ade .......................... .................... 29th April, 1952
Laid before Parliament ................... 30th April, 1952
Coming into Operation .......................... 1st July, 1952
At the Court at Windsor Castle, the 29th day of April, 1952.

Present,
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
Whereas in exercise of the powers vested in Him by virtue of the Air
Navigation Acts, 1920 (a) and 1936 (b), and the Air Navigation Act, 1947
(c), His late Majesty King George the Sixth was pleased to make the
Colonial Air Navigation (Application of Acts) Orders, 1937(d) to 1947(e)
(hereinafter referred to as the principal Order), extending certain of the
provisions of the said Acts, adapted and modified as provided in the
. principal Order, to the territories therein mentioned:
And Whereas the Acts aforesaid (except certain provisions of the Air
Navigation Act, 1936) were repealed and replaced by the Civil Aviation
Act, 1949 (f):
And Whereas by subsection (1) of section 66 of the Civil Aviation Act,
1949, it is provided that Her Majesty may by Order in Council direct that
any of the provisions of the said Act set out in Part II of the Ninth
Schedule to the said Act shall extend with such exceptions, adaptations
and modifications, if any, as may be specified in the Order in Council, to
any such territory as is referred to in the said subsection (1):
And Whereas it is expedient to revoke the Colonial Air Navigation
(Application of Acts) Orders, 1937 to 1947, and to extend certain of the
provisions of the Civil Aviation Act, 1949, to the territories mentioned
in the Second Schedule to this Order:
Now, therefore, Her Majesty, by virtue and in exercise of the powers
in that behalf by the Civil Aviation Act, 1949, or otherwise in Her Majesty
vested, is pleased, by and with the advice of Her Privy Council, to order,
and it is hereby ordered, as follows:-
1.-(1) This Order may be cited as the Colonial Civil Aviation Short title and
(Application of Act) Order, 1952. commencement.
(2) This Order shall come into force on the first day of July,
1952.
2.-(1) In this Order unless the context otherwise requires- Interpretation.
"Colony" means any of the colonies, protectorates or other
territories mentioned in the Second Schedule to this Order, and in-
cludes the dependencies of a colony;
(a) 10 & 11 Geo. 5. c. 80. (b) 26 Geo. 5. and Edw. 8 c. 44.
(c) 10 & 11 Geo 6c. 18. (d) S R & 0. 1937 (No. 378), p 141.
(e) S R & O 1947 (No. 2738) I, p 70. (f) 12, 13 & 14 Geo. 6. c. 67.


AIR NAVIGATION












"Chicago Convention" means the Convention on International
Civil Aviation signed on behalf of the Government of the United
Kingdom at Chicago on the seventh day of December. 1944;
"Government Aerodrome" means an aerodrome under the control
of the Governor and a naval, military or air force aerodrome;
"Governor" means the officer for the time being administering
the Government of the Colony;
"The East African Territories" means the Colony and Pro-
tectorate of Kenya, Tanganyika and the Uganda Protectorate;
"The High Commission" means the East African High Com-
mission established by the East African (High Commission) Order
in Council, 1947 (g).
(2) In this Order references to "Her Majesty's dominions'
shall be construed as though British protectorates and protected states,
and mandated and trust territories administered by the Government of
any part of Her Majesty's dominions, formed part of Her Majesty's
dominions.
(3) The Interpretation Act, 1899 (h), shall apply for the pur-
poses of the interpretation of this Order as it applies for the purposes
of the interpretation of an Act of Parliament and as if this Order were
an Act of Parliament.
3. The provisions of sections 8, 9, 10, 11, 13, 14, 19, 27, 38, 40,.
41, 49, 51, 53, 57, 58, 59, 60, 61, 62 and 63 of the Civil Aviation Act,
1949, adapted and modified as set out in the First Schedule hereto, are
hereby extended to the territories mentioned in the Second Schedule
hereto.
4.-(1) Sections 8, 9, 10, 11, 13 and 14 of the Civil Aviation
Act, 1949, as extended to the East African Territories by Article 3
of this Order, shall have effect in relation to each of those territories
as if for references in the said Sections to the Governor there were
substituted references to the High Commission.
(2) The High Commission may by order published in the
Official Gazette of the High Commission declare that, subject to such
limitations and conditions as may be prescribed by the order, any of
the powers conferred or duties imposed upon the High Commission
by virtue of paragraph (1) of this Article may be exercised or shall
be performed in relation to any of the East African Territories by the
Governor of that territory.
(3) Where by virtue of a declaration made under paragraph
(2) of this Article any power may be exercised or any duty is to be
performed by the Governor of any of the East African Territories
then -
(a) the High Commission shall not exercise such power or
perform such duty in relation to that territory; and
(b) in the exercise of such power or the performance of such
duty the Governor may, in relation to that territory, re-
voke or vary any instrument or thing previously made or
done by the High Commission to the same extent as such
instrument or thing could, but for the provisions of sub-par-
agraph (a) of this paragraph, have been revoked or varied
by the High Commission.
Ig) S R &O. 1947 (No. 2863) I, p 758 (h) 52 & 53 Vict. c 63.


Application of Civil
Aviation Act, 1949,
to Colonial
territories.


Application of Civil
Aviation Act, 1949,
to East African
Territories.


AIR NAVIGATION


1.I. 4


B. 25 1952








I.I. 4 B. 26


(4) (a) The High Commission may, by a further order
published in like manner, revoke or vary any order made under
paragraph (2) of this Article.
(b) Where, by reason that any st:ch order has been so re-
voked or varied or has otherwise ceased to have effect, any power or
duty ceases to be exercisable or is no longer to be performed by
the Governor of any East African territory, any instrument made or
other thing done by the Governor in the exercise or performance of
such power or duty shall, if in force immediately before such revoca-
tion or variation, continue in force, but may be revoked or varied by
the High Commission as if it had been made or done by the High
Commission.
5. Any reference to the Governor in sections 57, 58 or 59 of the "Interpretation in
relation to the
Civil Aviation Act, 1949, as extended to the East African Territories East African
by Article 3 of this Order, shall in relation to each of those territories Territories.
be construed as including a reference to the High Commission.

6.-(1) The following Orders are hereby revoked- Revocation.
The Colonial Air Navigation (Application of Acts) Order,
1937 (i);
The Colonial Air Navigation (Application of Acts) (Amend-
ment) Order, 1937 (j);
The Colonial Air Navigation (Application of Acts) (Amend
ment) Order, 1938 (k);
The Colorial Air Navigation (Application of Acts) (Amend-
ment) Order, 1947 (1);

(2) Nothing in this revocation shall affect-

(a) any Order in Council made under any enactment revoked
by this Order;
(b) any instrument or other thing made or done or having
effect under any of the enactments revoked by this Order
or under any such Order as is mentioned in sub-
paragraph (a) of this paragraph;
but any such Order or instrument or thing aforesaid shall, if and so
far as in force immediately before the coming into force of this
Order, continue in force (subject, however, to any Order in Council or
instrument or thing made or done after the coming into force of this
Order) and so far as it could have been made or done under this
Order shall have effect as if made or done under this Order.

(3) In this Article "instrument" includes any order, regula-
tion, direction, instruction, rule or other requirement, any notice and
any certificate, licence, validation or other authority.

(4) Any document referring to any enactment revoked by this
Order shall be construed as referring to this Order or to the correspond-
ing enactment in this Order.
(i) S R &O 1937 (No. 378) p 141 () S R &O 1937 (No. 1064) p 153
(k) S R &O 1938 (No. 736) I, p 32. (1) S R &O. 1947 (No. 2738) I, p. 70.


AIR NAVIGATION








B. 27 1952


SCHEDULE I

CIVIL AVIATION ACT 1949

Part II

REGULATIONS OF CIVIL AVIATION

GENERAL.

Power to give 1. Section 8.-(1) Her Majesty may by Order in Council make
effect to Chicago such provision as appears to Her to be requisite or expedient-
Convention and
regulate air
navigation. (a) for carrying out the Chicago Convention, any Annex thereto
relating to international standards and recommended practices
(being an Annex adopted in accordance with the Convention)
and any amendment of the Convention or any such Annex made
in accordance with the Convention; or
(b) generally for regulating air navigation.
(2) Her Majesty may by Order in Council make provision-
(a) as to the registration of aircraft in the Colony;
(b) for prohibiting aircraft from flying unless certificates of air-
worthiness issued or validated under the Order are in force
with respect to them and except upon compliance with such
conditions as to maintenance or repair as may be specified
either in the Order or by the Governor;
(c) for the licensing, inspection and regulation of aerodromes, for
access to aerodromes and places where aircraftt have landed, for
access to aircraft factories for the purpose of inspecting work
therein carried on in relation to aircraft or parts thereof and for
prohibiting or regulating the use of unlicensed aerodromes;
(d) for prohibiting persons from engaging in, or being employed in or
(except in the maintenance at unlicensed aerodromes of aircraft
not used for or in connection with commercial, industrial or other
gainful purposes) in connection with, air navigation in such capaci-
ties as may be specified either in the Order or by the Governor
except in accordance with provisions in that behalf contained in
the Order, and for the licensing of those employed at aerodromes
licensed under the Order in the inspection or supervision of air-
craft;
(e) as to the conditions under which, and in particular the aerodromes
to or from which, aircraft entering or leaving the Colony may fly,
and as to the conditions under which aircraft may fly from one
part of the Colony to another;
(f) as to the conditions under which passengers and goods may be
carried by air and under which aircraft may be used for other
commercial, industrial or gainful purposes, and for prohibiting
the carriage by air of goods of such classes as may be specified
either in the Order or by the Governor;
(g) for minimizing or preventing interference with the use or effe,--
tiveness of apparatus used in connection with air navigation, and
for prohibiting or regulating the use of such apparatus as afore-
said and the display of signs and lights liable to endanger aircraft;


AIR NAVIGATION


I.I. 4









I.I. 4 B. 28


(h) generally for securing the safety, efficiency and regularity of air
navigation and the safety of aircraft and of persons and property
carried therein, for preventing aircraft endangering other persons
and property and, in particular, for the detention of aircraft for
any of the purposes specified in this paragraph;
(i) for requiring persons engaged in, or employed in or in connection
with, air navigation to supply meteorological information for the
purposes of air navigation;
(j) for regulating the making of signals and other communications by
or to aircraft and persons carried therein;
(k) for regulating the use of the civil air ensign and any other ensign
established by Her Majesty in Council for purposes connected with
air navigation;
(1) for prohibiting aircraft from flying over such areas in the Colony
as may be specified either in the Order or by the Governor;
(m) for applying, adapting or modifying, or enabling the Governor to
apply, adapt or modify, the enactments relating to customs in
relation to aerodromes and to aircraft and to persons and property
carried therein and for preventing smuggling by air, and for per-
mitting, or enabling the Governor to permit, in connection with
air navigation, subject to such conditions as appear to Her Majesty
in Council, or to the Governor, as the case may be, to be requisite
or expedient for the protection of the revenue, the importation of
goods into the Colony without payment of duty;
(n) as to the manner and conditions of the issue, validation, renewal,
extension or variation of any certificate, licence or other docu-
ment required by the Order (including the examinations and tests
to be undergone), and as to the form, custody, production, cancel-
lation), suspension, endorsement and surrender of any such docu-
ment;
(o) for regulating, or enabling the Governor to regulate, the charges
that may be made for the use of aerodromes licensed under the
Order and for services provided at such aerodromes;
(p) for prescribing, or enabling the Governor to prescribe, the fees
to be paid in respect of the issue, validation, renewal, extension
or variation of any certificate, license or other document or the
undergoing of any examination or test required by, or in pur-
suance of, the Order and in respect of any other matters in
respect of which it appears to Her Majesty in Council or to
the Governor, to be expedient for the purpose of the Order
to charge fees;
(q) for exempting from the provisions of the Order or any of them
any aircraft or persons or classes of aircraft or persons.
(3) An Order in Council under this section may make differ-
ent provision with respect to different classes of aircraft, aerodromes,
persons or property and with respect to different circumstances and with
respect to different parts of the Colony but shall, so far as practicable,
be so framed as not to discriminate in like circumstances between air-
craft registered in the Colony operated on charter terms by one air trans-
port undertaking and such aircraft so operated by another such under-
taking.
(4) An Order in Council under this section may, for the purpose
of securing compliance with the provisions thereof, provide for the
imposition of penalties not exceeding a fine of two hundred pounds and
imprisonment for a term of six months, and, in the case of any provision


1952


AIR NAVIGATION









B. 29 1952 AIR NAVIGATION I.I. 4

having effect by virtue of paragrah (1) of subsection (2) of this section,
may also for that purpose provide for the taking of such steps (including
firing on aircraft) as specified in the Order.
(7) Part VI of this Act applies to this section.
Control of 2. Section 9.-(1) In time of war, whether actual or imminent, or
aviation in time of of great national emergency, the Governor may by order regulate or
war or emergency, prohibit, either absolutely or subject to such conditions as may be contained
in the order, the navigation of all or any descriptions of aircraft over the
Colony or any portion thereof; and may by order provide for taking
possession of and using for the purposes of Her Majesty's naval,
military or air forces any aerodrome, or any aircraft in the Colony, or
any machinery, plant, material or things found in or on any such aero-
drome or such aircraft, and for regulating or prohibiting the use, erection,
building, maintenance or establishment of any aerodrome, or flying school,
or any class or description thereof.
(2) An order under this section may make, for the purposes of
the order, such provision as an Order in Council under section eight of
this Act may by virtue of subsection (4) of that section make for the
purpose of securing compliance with provisions thereof having effect by
virtue of paragraph (1) of subsection (2) of that section.
(3) Any person who suffers direct injury or loss, owing to the
operation of an order of the Governor under this section, shall be entitled
to receive compensation fiom the Governor, from such public funds as he
may lawfully apply for the purpose, the amount thereof to be fixed, in
default of agreement, by an arbitrator to be agreed upon or failing agree-
ment to be appointed by the Chief Justice or other chief judicial officer of
the Colony:
Provided that no compensation shall be payable by reason of the
operation of a general order under this section prohibiting flying in the
Colony or any part thereof.

(6) Part VI of this Act applies to this section.

Investigation 3. Section 10.-(1) The Governor may make regulations providing
of accidents. for the investigation of any accident arising out of or in the course of
air navigation, and either occurring in or over the Colony or occurring
elsewhere to British aircraft registered in the Colony.

(2) Regulations under this section may contain provisions-
(a) requiring notice to be given of any such accident as
aforesaid in such manner and by such persons as may
be specified;
(b) applying, with or without modification, for the purpose
of investigations held with respect to any such accidents
of the provisions of any law in force in the Colony
relating to the investigation of deaths or accidents;
(c) prohibiting, pending investigation, access to or inter-
ference with aircraft to which an accident has occurred,
and authorising any person, so far as may be necessary
for the purposes of an investigation, to have access to,
examine, remove, take measures for the preservation of,
or otherwise deal with, any such aircraft;
(d) authorising or requiring the cancellation, suspension,
endorsement or surrender of any licence or certificate
granted in the Colony under this Part of this Act or









1952 AIR NAVIGATION I.I. 4

any Order in Council or order made under this Part of
this Act, or the withdrawal or suspension of any valida-
tion conferred in the Colony of a licence granted by a
duly competent authority elsewhere, where it appears on
an investigation that the licence or certificate ought to
be cancelled, suspended, endorsed or surrendered or the
validation withdrawn or suspended as the case may be,
and requiring the production of any such licence or
certificate for the purpose of beingso dealt with:
Provided that nothing in this section shall limit the powers of
any authority under sections five hundred and thirty to five hundred and
thirty-seven of the Merchant Shipping Act, 1894 (m), or any enactment
amending those sections.
(3) If any person contravenes or fails to comply with any
regulations under this section, he shall be liable on summary conviction.
to a fine not exceeding fifty pounds or to imprisonment for a term not
exceeding three months.
(5) Part VI of this Act applies to this section.
4. Section 11.-(1) Where an aircraft is flown in such a manner
as to be the cause of unnecessary danger to any person or property on
land or water, the pilot or the person in charge of the aircraft, and also
the owner thereof unless he proves to the satisfaction of the court that
the aircraft was so flown without his actual fault or privity, shall be liable
on summary conviction to a fine not exceeding two hundred pounds or to
imprisonment for a term not exceeding gix months or to both such fine
and such imprisonment.
In this section the expression "owner" in relation to an aircraft
'includes any person by whom the aircraft is hired at the time of the
offence.
(2) The provisions of this section shall be in addition to and not
in derogation of the powers conferred on Her Majesty in Council by section
eight of this Act.
(3) Part VI of this Act applies to this section.
5. Section 13.-(1) The Governor may, with the approval of a
Secretary of State, make regulations-
(a) to secure that aircraft shall not be used in the Colony
by any person -
(i) for plying, while carrying passengers or goods for
hire or reward, on such journeys or classes of
journeys (whether beginning and ending at the same
point or at different points) as may be specified in
the regulations, or
(ii) for such flying undertaken for the purpose of any
trade or business as may be so specified,
except under the authority of, and in accordance with, a
licence granted to the said person by the licensing
authority specified in the regulations;
(b) as to the circumstances in which a licence under the
regulations may or shall be granted, refused, revoked or
suspended, and in particular as to the matters to which
the licensing authority specified in the regulations is to
have regard in deciding whether to grant or refuse such
a licence;
(m) 57 & 58 Vict. C. 60


B. 30


Dangerous flying.














Licensing of
air transport
and commercial
flying.








B.31 1952


(c) as to appeals from the licensing authority by persons
interested in the grant, refusal, revocation or suspension
of any licence under the regulations;
(d) as to the conditions which may be attached to such a
licence (including conditions as to the fares, freight or
other charges to be charged by the holder of the licence),
and for securing compliance with any conditions so
attached;
(e) as to the information to be furnished by an applicant
for, or the holder of, such a licence to such authorities
as may be specified in the regulations;
(f) prescribing the fees to be paid in respect of the grant
of any licence under the regulations, or enabling such
fees to be prescribed by any person or authority specified
in that behalf by the regulations;
and such regulations may make different provision as respects different
classes of aircraft and different classes of licences.

(2) Regulations made under this section may, for the purpose of
securing compliance with the regulations, provide for the imposition of
the following penalties, namely--
(a) in the case of a first offence against the regulations, a
fine not exceeding five hundred pounds or imprisonment
for a term not exceeding three months or both such
fine and such imprisonment; and
(b) in the case of a second or subsequent offence against
the regulations, a fine not exceeding five thousand
pounds or imprisonment for a term not exceeding two
years or both such fine and such imprisonment.
(3) Part VI of this Act applies to this section.

Information as to 6. Section 14.-(1) The Governor may, with the approval of a
air transport Secretary of State, make regulations-
undertakings and
use of customs (a) requiring any person-
aerodromes.
(i) who carries on the business of carrying passengers
or goods in aircraft for hire or reward on such
journeys or classes of journeys (whether beginning
and ending at the same point or at different points)
as may be specified in the regulations, or
(ii) who is the holder of a licence in respect of a
customs aerodrome,
to furnish such authorities as may be specified in the
regulations such information relating to the use of
aircraft for the purpose of his said business and to the
persons employed in connection with that use, or, as
the case may be, relating to the use of the aerodrome
and to the persons employed in aircraft arriving threat
or departing therefrom, as may be prescribed by the
regulations;
(b) requiring the owner, or the pilot or other person in
charge, of any aircraft arriving at, or departing from,
any customs aerodrome to furnish to the holder of the


AIR NAVIGATION


I.I. 4








1952 AIR NAVIGATION I.L 4 B. 32

licence in respect of that aerodrome such information
as may be necessary to enable the holder of the said
licence to comply with such of the provisions of the
regulations as relate to him;
(c) prescribing the times at which, and the form and manner
in which, any information required under the regulations
is to be furnished:

Provided that a person carrying on such a business as is men-
tioned in sub-paragraph (i) of paragraph (a) of this sub-section shall not
be required to furnish information relating to the use of aircraft on
journeys wholly outside the Colony or relating to persons exclusively
employed outside the Colony, unless the person carrying on the business
is either a British subject or a British protected person resident in the
Colony or a citizen of the Republic of Ireland resident in the Colony or
a body corporate incorporated under the law of the Colony.

(2) Regulations tinder this section may provide for imposing
on any person who contravenes or fails to comply with any provision of
the regulations such penalties (not exceeding a fine of twenty pounds and a
further fine of five pounds for every day on which the contravention or
non-compliance continues after conviction therefore) as may be specified
in the regulations.

(3) No information with respect to any particular undertaking
which has been obtained by virtue of regulations under this section shall,
without the consent of the person carrying on that undertaking, be dis-
closed otherwise than in connection with the execution of such regulations,
apd if any person discloses any such information in contravention of
this subsection, he shall be liable, on summary conviction, to imprison-
ment for a term not exceeding three months or to a fine not exceeding
fifty pounds or to both such fine and such imprisonment or, on conviction
on indictment, to imprisonment for a term not exceeding two years or
to a fine not exceeding one hundred pounds or to both such fine and
such imprisonment.

Nothing in this subsection shall apply to the disclosure of any in-
formation for the purposes of any legal proceedings which may be taken
by virtue of this subsection or of regulations made under this section, or
for the purpose of any report of any such proceedings, but save as afore-
said, the restriction imposed by this subsection shall, in relation to any
legal proceedings (including arbitrations), extend so as to prohibit and
prevent any person who is in possession of any such information so ob-
tained from disclosing, and from being required by any court or arbitra-
tor to disclose, that information (whether as a witness or otherwise)
except with the consent of the person carrying on the undertaking to
which the information relates.

(4) In this section the expression "customs aerodrome" means
an aerodrome for the time being appointed as a place of landing or de-
parture of aircraft for the purposes of the enactments relating to customs

(5) Part VI of this Act applies to this section.









AIR NAVIGATION


PART Ill.

AERODROMES AND OTHER LAND.


Power to provide
aerodromes and
acquire land.


Indication of
presence of
obstructions near
aerodromes.


7. Section 19.-(1) The Governor may establish and maintain
aerodromes, and provide and maintain in connection therewith roads,
approaches, apparatus, equipment and buildings and other accommodation.
(2) The Governor may, for the purpose of exercising any of
the powers conferred by the foregoing subsection, acquire land by agree-
ment or in accordance with the provisions of the law in force in the
Colony relating to the acquisition of land for public purposes.
(3) For the avoidance of doubts it is hereby declared that one
of the purposes for which the Governor may acquire land under this
section is the purpose of securing that the land adjacent to the site of
an aerodrome which the Governor has established, or is about to estab-
lish, shall not be used in such manner as to cause interference with, or
danger or damage to, aircraft at, approaching or leaving the aerodrome.
(9) In this section the expression "land" includes any right in
or over land.
8. Section 27.-(1) If the Governor is satisfied, with respect to
any building structure or erection in the vicinity of an aerodrome to
which this section applies that, in order to avoid danger to aircraft flying
in that vicinity in darkness or conditions of poor visibility provision ought'
to be made (whether by lighting or otherwise) for giving to such aircraft
warning of the presence of that buildnig, structure or erection, he may by
order authorise (subject to any conditions specified in the order) the
proprietor of the aerodrome, and any person acting under the proprietor's
instructions,-
(a) to execute, instal, maintain, operate, and as occasion
requires, to repair and alter, such works and apparatus
as may be necessary for enabling such warning to be
given in the manner specified in the order, and
(b) so far as may be necessary for exercising any of the
powers conferred by the order to enter upon and pass
over (with or without vehicles) any such land as may
be specified in the order:
Provided that no such order shall be made in relation to any build-
ing, structure or erection if it appears to the Governor that there have
been made, and are being carried out, satisfactory arrangements for the
giving of such warning as aforesaid of the presence of the building,
structure or erection.
(2) The Governor shall, before making any such order as afore-
said, cause to be published, in such manner as he thinks best for informing
persons concerned, notice of the proposal to make the order and of the
place where copies of the draft order may be obtained free of charge,
and take into consideration any representations with respect to the order
which may, within such period not being less than two months after the
publication of the notice as may be specified therein, be made to him
by any person appearing to him to have an interest in any land which
would be affected by the order; and at the end of that period the order
may, subject to the provisions of this section, be made with such modifi-
cations (if any) of the original draft as the Governor thinks proper.


B. 33


I.I. 4








B. 34


1952 AIR NAVIGATION 1.1. 4

(3) Every such order as aforesaid shall provide-
(a) that, except in a case of emergency, no works shall be
executed on any land in pursuance of the order, unless.
at least fourteen days previously, the proprietor of the
aerodrome to which the order relates has served in the
manner prescribed by the order on the occupier of that
land, and on every other person known by the proprie-
tor to have an interest therein, a written notice con-
taining such particulars of the nature of the proposed
works, and the manner in which and the time at which
it is proposed to execute them as may be prescribed
by or in accordance with the order; and
(b) that if, within fourteen days after service of the said
notice on any person having such an interest, the pro-
prietor of the aerodrome receives a written intimation
of objection on the part of that person to the proposals
contained in the notice, being an intimation which
specified the grounds of objection, then, unless and ex-
cept in so far as the objection is withdrawn, no steps
shall be taken in pursuance of the notice without the
specific sanction of the Governor;
and shall also provide for requiring the proprietor of the aerodrome to
which the order relates to pay to any person having an interest in any
land affected by the order such compensation for any loss or damage
which that person may suffer in consequence of the order as may, in
default of agreement, be determined from time to time by a single arbi-
trator appointed by the Chief Justice or other chief judicial officer of the
Colony; and, for the purposes of this subsection, any expense reasonably
incurred in connection with the lawful removal of any apparatus installed
inpursuance of such an order, and so much of any expense incurred in
connection with the repair, alteration, demolition or removal of any
building, structure or erection to which such an order relates as is at-
tributable to the operation of the order, shall be deemed to be loss or
damage suffered in consequence of the order.
(4) The ownership of anything shall not be taken to be affected
by reason only that it is placed in, or affixed to, any land in pursuance
of such an order as aforesaid; and (subject to the provisions of the next
following subsection) so long as any such order in respect of an aerodrome
is in force, no person shall, except with the consent of the proprietor of
the aerodrome, wilfully interfere with any works or things which, to the
knowledge of that person, are works or things executed or placed, in, on
or over any land in pursuance of the order.
If any person contravenes the foregoing provisions of this subsection,
he shall be liable, on summary conviction, to imprisonment for a term
not exceeding six months or to a fine not exceeding two hundred pounds
or to both such fine and such imprisonment; and every person who wil-
fully obstructs a person in the exercise of any of the powers conferred
by such an order as aforesaid shall be liable, on summary conviction, to
a fine not exceeding fifty pounds.
(5) Nothing in this section shall operate, in relation to any
building, structure or erection, so as to restrict the doing of any work
for the purpose of repairing, altering, demolishing or removing the build-
ing, structure or erection:


"









AIR NAVIGATION I.I. 4


trespassingg on
aerodromes.


Liability of
aircraft in respect
of trespass,
nuisance and
surface damage.


Provided that-
(a) notice of the doing of that work is given as soon as
may be to the proprietor of the aerodrome; and
(b) the giving of warning of the presence of the build-
ing structure or erection in the manner provided by
any order under this section in force in relation there-
to is not interrupted.
(7) In this section-
(a) the expression "aerodrome to which this section
applies" means a Government aerodrome or any
premises which, by virtue of an Order in Council
made under section eight of this Act, are for the
time being licensed as an aerodrome for public use;
and
(b) the expression "proprietor of the aerodrome" means,
in relation to any premises used or appropriated for
use as an aerodrome, the person carrying on or
entitled to carry on the business of an aerodrome in
those premises or, in the case of a Government
aerodrome, the officer in charge of the aerodrome.
(8) Part VI of this Act applies to this section.
9. Section 38.-(1) If any person trespasses on any land form-
ing part of a Government aerodrome or an aerodrome licensed in
pursuance of an Order in Council under section eight of this Act, he
shall be liable, on summary conviction to a fine not exceeding five
pounds:
Provided that no person shall be liable to any penalty under this
section unless it is proved that, at the material time, notices warning
trespassers of their liability under this section were posted so as to be
readily seen and read by members of the public, in such positions on
or near the boundary of the aerodrome as appear to the court to be
proper.
(2) Part VI of this Act applies to this section.




PART IV

LIABILITY FOR DAMAGE, ETC., CAUSED

BY AIRCRAFT

10. Section 40.-(1) No action shall lie in respect of trespass
or in respect of nuisance, by reason only of the flight of an aircraft
over any property at a height above the ground, which, having regard
to wind, weather and all the circumstances of the case is reasonable, or
the ordinary incidents of such flight so long as the provisions of Part
II and this Part of this Act and any Order in Council or order made
in pursuance of Part II or this Part of this Act, being provisions which
extend to the Colony, are duly complied with.


B.35


1952








I.I. 4 B. 36


(2) Where material loss or damage is caused to any person
or property on land or water by, or by a person in, or an article or
person falling from, an aircraft while in flight, taking off or landing,
then unless the loss or damage was caused or contributed to by the
negligence of the person by whom it was suffered, damages in respect
of the loss or damage shall be recoverable without proof of negligence or
intention or other cause of action, as if the loss or damage had been
caused by the wilful act, neglect, or default of the owner of the
aircraft:
Provided that where material loss or damage is caused as aforesaid
in circumstances in which--
(a) damages are recoverable in respect of the said loss
or damage by virtue only of the foregoing provisions
of this subsection; and
(b) a legal liability is created in some person other than
the owner to pay damages in respect of the said loss
or damage;
the owner shall be entitled to be indemnified by that other person
against any claim in respect of the said loss or damage.
11. Section 41.-(1) An Order in Council under section eight Nuisance caused
of this Act may provide for regulating the conditions under which by aircraft on
noise and vibration may be caused by aircraft on aerodromes and may
provide that subsection (2) of this section shall apply to any aerodrome
as respects which provision as to noise and vibration caused by air-
craft is so made.
(2) No action shall lie in respect of nuisance by reason only
of the noise and vibration caused by aircraft on an aerodrome to
which this subsection applies by virtue of an Order in Council under
section eight of this Act, as long as the provisions of any such Order
in Council are duly complied with.
12. Section 49.-(2) Where an aircraft has been bona fide Responsibility
demised, let or hired out for any period exceeding fourteen days to any here aircraft
other person by the owner thereof, and no pilot, commander, navigator
or operative member of the crew of the aircraft is in the employment
of the owner, this Part of this Act shall have effect as if for references
therein to the owner there were substituted references to the person
to whom the aircraft has been so demised, let or hired out.
(3) Part VI of this Act applies to this Part of this Act.



PART V

MISCELLANEOUS

13. Section 51.-(1) Any services rendered in assisting, or in Application of
saving life from, or in saving the cargo or apparel of, an aircraft in, law of wreck
on or over the sea or any tidal water, or on or over the shores of the al rvra e to
sea or any tidal water, shall be deemed to be salvage services in all
cases in which they would have been salvage services if they had been
rendered in relation to a vessel; and where salvage services are rendered


~


AIR NAVIGATION









B. 37 1952 AIR NAVIGATION I.I. 4


by an aircraft to any property or person, the owner of the aircraft shall
be entitled to the same reward for those services as he would have been
entitled to if the aircraft had been a vessel.
The foregoing provisions of this subsection shall have effect not.
withstanding that the aircraft concerned is a foreign aircraft, and not-
withstanding that the services in question are rendered elsewhere than
within the limits of the territorial w:aers adjacent to any part of Her
Majesty's dominions.
(2) The Governor may by regulations direct what any pro-
visions of any law of the Colony for the time being in force which
relate to wreck, to salvage of life or property or to the duty of ren-
dering assistance to vessels in distress shall, with such exceptions,
adaptations and modifications, if any, as may be specified in the regu-
lations, apply in relation to aircraft as those provisions apply in rela-
tion to vessels.
(3) For the purposes of this section, any provisions of any
law of the Colony which relate to vessels laid by or neglected as un-
fit for sea service shall be deemed to be provisions relating to wreck.
(4) Part VI of this Act applies to ihis section.

Exemption of 14. Section 53.-(1) Any lawful entry into the Colony or any lawful
aircraft and parts transit across the Colony, with or without landings, of an aircraft to which
thereof from t this section applies shall not entail any seizure or detention of the aircraft
claims. or any proceedings being brought against the owner or operator thereof
or any other interference therewith by or on behalf of any person in the
Colony, on the ground that the construction, mechanism, paits, accessories
or operation of the aircraft is or are an infringement of any patent, design
or model.
(2) The importation into, and storage in, the Colony of spare
parts and spare equipment for an aircraft to which this section applies and
the use and installation thereof in the repair of such an aircraft shall not
entail any seizure or detention of the aircraft or of the spare parts or spare
equipment or any proceedings being brought against the owner or operator
of the aircraft or the owner of the spare parts or spare equipment or any
other interference with the aircraft by or on behalf of any person in the
Colony on the ground that the spare parts or spare equipment or their
installation are or is an infringement of any patent, design or model:
Provided that this subsection shall not apply in relation to any
spare parts or spare equipment which are sold or distributed in the Colony
or are exported from the Colony for sale or distribution.
(3) This section applies-
(a) to an aircraft, other than an aircraft used in military.
customs or police services, registered in any country ot
territory in the case of which there is for the time being
in force a declaration made by Her Majesty by Order in
Council, vith a view to the fulfilment of the provisions
of the Chicago Convention to which this section relates,
that the benefits of those provisions apply to that coun-
try or territory, and
(b) to such other aircraft as Her Majesty may by Order in
Council specify.
(5) Part VI of this Act applies to this section.









AIR NAVIGATION I.I. 4


PART VI.

SUPPLEMENTAL

15. Section 57.-(1) Any Order in Council, order or regulation made
under any of the enactments to which this Part of this Act applies or this
Part of this Act, or any order or regulation made, or instructions given.
by the Governor thereunder, may contain such incidental and supplemen-
tary provisions as appear to Her Majesty in Council, or to the Governor.
as the case may be, to be necessary or expedient for the purposes of the
Order in Council, order, regulations or instructions; and any such Order
in Council may authorise the Governor to make orders, regulations or to
give instructions for the purposes of the Order in respect of such matters
as may be specified in the Order.
(2) An Order in Council made under any of the enactments to
which this Part of this Act applies or this Part of this Act shall be subject
to annulment in pursuance of a resolution of either Hlouse of Parliament
and may be revoked or varied by a subsequent Order in Council.
(3) Any reference in the enactments to which this Part of this
Act applies or this Part of this Act to the provisions of an Order in Coun
cil shall include a reference to the provisions of any order or regulation
made or instructions given under the Order in Council.


Orders in Council.


16. Section 58. Any Order in Council, order or regulations made Detention of
'under any enactment to which this Part of this Act applies or this Part aircraft.
of this Act in relation to aircraft may provide for the detention of aircraft
to secure compliance with the Order in Council, order or regulations, as
the case may be, or with any enactment to which this Part of this Act
applies in connection with which the Order in Council, order or regulations
is or are made, and may make such further provision as appears to Her
Majesty in Council or to the Governor, as the case may be, to be necessary
or expedient for securing such detention.


17. Section 59.-(1) Notwithstanding that an Order in Council made
by virtue of any enactment to which this Part of this Act applies or this
Part of this Act or an order or a regulation made by virture of any such
enactment by the Governor has effect only as part of the law of the Colony.
no provision contained in the Order in Council. order or regulation shall,
on the ground that it would have extra-territorial operation, be deemed
to be invalid in so far as it applies to British aircraft registered in the
Colony, wherever they may be, or prohibits, requires or regulates-
(a) the doing of anything by persons in. or any of the per-
sonnel of, such British aircraft as aforesaid, wherever
they may be, or
(b) the doing of anything in relation to such British aircraft
as aforesaid by other persons being British subjects, Brit-
ish protected persons or citizens of the Republic of Ire-
land, wherever they may be.
For the purposes of this subsection the personnel of an aircraft
shall be deemed to include the commander or other person in charge of the
aircraft, and all other members of the crew of the aircraft.
Nothing in this subsection shall affect subsection (1) of section
three of the British Nationality Act, 1948 (n) (which limits the criminal
liability of certain persons who are not citizens of the United Kingdom
.nd Colonies).
(n) 11 & 12 Geo. 6. c. 56.


Extra-territorial
effect.


1952


B. 38









B. 39 1952


(2) Her Majesty may by Order in Council direct that any of the
following provisions, that is to say-
(a) Any enactment to which this Part of this Act applies;
or
(b) any enactment in this Part of this Act; or
(c) any provision of any Order in Council, order or regular
tions made by virtue of any such enactment;
being a provision which has extra-territorial operation in relation to Britisn
aircraft registered in the Colony, shall, subject to such exceptions, adapta-
tions and modifications, if any, as may be specified in the Order made under
this subsection, have such operation also in relation to British aircraft regis-
tered in the United Kingdom or any territory, other than the Colony, men-
tioned in subsection (1) of section 66 of this Act or registered in the Jsle
of Man or the Channel Islands.
Offences. 18. Section 60. Any offence under any enactment to which this Part
of this Act applies or under an Order in Council or order or regulation
made under either any such enactment or this Part of this Act shall, (or
the purpose of conferring jurisdiction, be deemed to have been committed
in any place where the offender may for the time being be.
Savings. 19. Section 61.-(1) Neither this Part of this Act nor any enactment
to which this Part of this Act applies hall apply to aircraft belonging to or
exclusively employed in the service of Her Majesty:
Provided that Her Majesty may, by Order in Council, apply to any
such aircraft, with or without modification, any of the said enactments or
any Orders in Council, orders or regulations made thereunder.
(2) Nothing in, or in any instrument made under, the enactments
to which this Part of this Act applies or this Part of this Act, shall)-preju.
dice or affect the rights, powers or privileges of any general or local light
house authority.



PART VIII.

GENERAL
Jurisdiction. 20. Section 62.-(1) Any offence whatever committed on a British
aircraft shall, for the purpose of conferring jurisdiction, be deemed to have
been committed in any place where the offender may for the time being be.
(2) The Governor may, by regulations, make provision as to the
courts in which proceedings may be taken for enforcing any claim in re-
spect of aircraft, and in particular may provide for conferring jurisdiction
in any such proceedings on any court exercising Admiralty jurisdiction and
for applying to such proceedings any rules of practice or procedure appli
cable to proceedings in Admiralty.
(3) Part VI of this Act applies to this section.
Interpretation. 21. Section 63.-(1) In this Act. except where the context otherwise
requires, the following expressions have the meanings hereby respectively
assigned to them, this is to say-


AIR NAVIGATION


I.I. 4









1952 AIR NAVIGATION


"aerodrome" means any area of land or water designed, equipped,
set apart or commonly used for affording facilities for the landing
and departure of aircraft;
"British aircraft" means aircraft registered in any part of Her
Majesty's dominions;
"land" includes any estate or other interest in land and apy
easement, but this definition shall not affect the construction of the
provisions of section nineteen of this Act as to the acquisition of lapd;
(2) Any reference in this Act to the carrying out of works on lqpd
shall be construed as including a reference to the making of excavations
on the land or to the carrying out of levelling operations on the land,
and references to the maintenance of works or to interference with works
shall be construed accordingly.
(3) For the avoidance of doubt it is hereby declared that in this
Act the expression "loss or damage" includes in relation to persons, loss of
life and personal injury.
(4) Any reference in this Act to goods or articles shall be cgn-
strued as including a reference to mails or animals.
(5) Any reference in this Act to any country or territory shall,
unless the context otherwise requires, be construed as including a reference
to the territorial waters, if any, adjacent to that country or territory.
(6) Any power conferred by this Act shall be in addition to and
not in derrogation of any other power so conferred.
(7) Any power conferred by this Act to make any Order in Coun-
cil, order or regulation shall be construed as including a power exercisable
in the like manner and subject to the like conditions, if any, to vary or
revoke the Order in Council, order or regulation.
(8) References in this Act to any exactment shall, except in so far
as the context otherwise requires, be taken as referring to that enactment
as amended by or under any other enactment.


SCHEDULE II

TERRITORIES TO WHICH THIS ORDER APPLIES

Aden (Colony and Protectorate).
Bahamas.
Barbados.
Basutoland.
Bechuanaland Protectorate.
Bermuda.
British Guiana.
British Honduras.
British Solomon Islands Protectorate.
Cyprus.
Falkland Islands and Dependencies.
Fiji.
Gambia (Colony and Protectorate).
Gibraltar.
Gilbert and Ellice Islands Colony.


I.I. 4 B. 40









B. 41 1952 AIR NAVIGATION I.L 4

Gold Coast-
(a) Colony.
(b) Ashanti.
(c) Northern Territories.
(d) Togoland under United Kingdom trusteeship.
Hong Kong.
Jamaica (including Turks and Caicos Islands and the Cayman Islands).
Kenya (Colony and Protectorate).
Leeward Islands-
Antigua.
Montserrat.
St. Christopher and Nevis.
Virgin Islands.
Malta.
Mauritius.
Nigeria-
(a) Colony.
(b) Protectorate.
(c) Cameroons under United Kingdom trusteeship.
North Borneo.
Northern Rhodesia.
Nyasaland Protectorate.
St. Helena and Ascension.
Sarawak.
Settlements of Penang and Malacca.
Seychelles.
Sierra Leone (Colony and Protectorate).
Singapore.
Somaliland Protectorate.
Swaziland.
Tanganyika.
Trinidad and Tobago.
Uganda Protectorate.
Windward Islands-
Dominica.
Grenada.
St. Lucia.
St. Vincent.
Zanzibar Protectorate.


EXPLANATORY NOTE

(This Note is not part of the Order, but is intended to
indicate its general purport.)
The legislation relating to civil aviation, other than the Carriage
by Air Act, 1932, and enactments relating to the constitution and
functions of the Airways Corporations, was for the United Kingdom,
consolidated in the Civil Aviation Act, 1949, by which the earlier
legislation was repealed. This earlier legislation was applied to the
Colonies by the Colonial Air Navigation (Application of Acts) Orders,
1937 to 1947. Subsection (1) of section 66 of the Civil Aviation Act,
1949, provides for the extension of certain provisions of that Act to
any territory referred to in that subsection, and this Order in Council
extends certain provisions of the Civil Aviation Act, 1949, to the
territories mentioned in the second Schedule to this Order, and revokes
the earlier Orders in Council mentioned above.


Ret. M.P. 520/53








.1I. 5 B. 42


DOMINICA

IMPERIAL INSTRUMENT NO. 5 OF 1952
The Colonial Air Navigation (Amendment) Order, 1952.
M ade ................................................... 29th April, 1952
Laid before Parliament ...................... 30th April, 1952
Coming into operation ........................ 1st July, 1952
At the Court at Windsor Castle, the 29th day of April, 1952.
Present,
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL
Whereas in pursuance of the powers conferred upon Him by the Air
Navigation Acts, 1920 (a) to 1947 (b), and the Colonial Air Navigation
(Application of Acts) Orders, 1937 (c) to 1947 (d), His late Majesty King
George the Sixth was pleased to make the Colonial Air Navigation Order,
1949 (e), which Order as amended by the Colonial Air Navigation
(Amendment) Order, 1950 (f), and the Colonial Air Navigation (Amend-
ment) Order, 1951 (g), is hereinafter referred to as the "principal Order":
And Whereas the Civil Aviation Act, 1949 (h), repealed the Air
Navigation Acts 1920 to 1947, but saved certain provisions thereof:
And Whereas in pursuance of the powers conferred upon Her by the
Civil Aviation Act, 1949, Her Majesty was pleased to make the Colonial
Civil Aviation (Application of Act) Order, 1952 (i):
And Whereas the Colonial Civil Aviation (Application of Act) Order.
1952, revoked the Air Navigation (Application of Acts) Orders, 1937 to
1947, but saved, together with certain other instruments, any Order in
Council made in pursuance of those Orders prior to their revocation:
And Whereas it is expedient that the principal Order should be
amended to make special provision for the powers of the East Africa High
Commission in relation to the territories of Kenya, Tanganyika and the
Uganda Protectorate and for other purposes:
Now, therefore, Her Majesty, in pursuance of the powers conferred
upon Her by the Civil Aviation Act, 1949, and the Colonial Civil Aviation
(Application of Act) Order, 1952, and of all other powers enabling Her in
that behalf, is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered as follows:-
1. (1) This Order may be cited as the Colonial Air Navigation Short title and
(Amendment) Order, 1952; and this order and the principal Order may be commencement.
cited together as the Colonial Air Navigation Orders, 1949 to 1952.
(2) This Order shall come into operation on the first day of
July, 1952.
2. Immediately after Article 71 of the principal Order there shall Insertion of new
be inserted the following Article:--- Article 71A.
(a) 10 & 11 Geo. 5. c. 80. (b) 10 & 11 Geo. 6. c. 18.
(c) S.R.&O. 1937 (No. 378) p. 141. (d) S R & 0. 1947 (No. 2738) I, p. 70.
(e) S I 1949 (No. 2000) I, p. 359. (f) I 1950 (No. 1188) I p. 329.
(g) S I 1951 (No. 1776). (h) 12, 13 & 14 Geo. 6. c67.
(i) S I 1952 (No. 868).


AIR NAVIGATION









B. 43 1952


Provtss for 71A. (1) The provisions of this Order except-
Territories.
(a) Articles 54, 58, 61, 70. 71 and 72 thereof; and
(b) Article 64 in so far as it relates to the purposes of
Article 54;
shall have effect in relation to each of the East African Terri-
tories as if for references in this Order to the Governor there
were substituted references to the High Commission.
(2) The High Commission may by order published in the
Official Gazette of the High Commission declare that, subject to
such limitations and conditions as may be specified in the order,
any of the powers conferred or duties imposed upon the High
Commission by virtue of paragraph (1) of this Article may be
exercised or shall be performed in relation to any of the East
African Territories by the Governor of that territory.
(3) Where by virtue of a declaration made under paragraph
(2) of this Article any power may be exercised or any duty is to
be performed by the Governor of any of the East African
Territories then--
(a) the High Commission shall not exercise such power
or perform such duty in relation to that territory;
and
(b) in the exercise of such power or the performance
of such duty the Governor may, in relation to that
territory, revoke or vary any instrument or thing
previously made or done by the High Commission
to the same extent as such instrument or thing
could, but for the provisions of sub-paragraph (a) of
this paragraph, have been revoked or varied by the
High Commission.
(4) (a) The High Commission may by a further order
published in like manner, revoke or vary any order
made under paragraph (2) of this Article.
(b) Where, by reason that any such order has been so
revoked or varied, or has otherwise ceased to have
effect, any power or duty ceases to be exercisable
or is no longer to be performed by the Governor
of any East African territory, any instrument made
or other thing done by the Governor in the exercise
or performance of such power or duty shall, if in
force immediately before such revocation or varia-
tioh, continue in force, but may be revoked or
varied by the High Commission as if it had been
made or done by the High Commission.
(5) Any references to the Governor in Articles 61, 70 and
71 of this Order shall, in relation to each of the East African
Territories, be construed as including references to the High
Commission."

Amendment of 3. Article 72 of the principal Order shall be amended as follows:-
Article 72. (a) in paragraph (1) thereof-
(i) after the definition of "Description" there shall be
inserted the following definition:-
"'The East African Territories' means the Colony


AIR NAVIGATION


I.I. 5











and Protectorate of Kenya, Tanganyika and the
Uganda Protectorate;"
(ii) after the definition of "Governor" there shall be inserted
the following definition:-
The High Commission' means the East Africa
High Commission established by the East Africa
(High Commission) Order in Council, 1947 (j);"
(b) immediately after paragarph (3) thereof there shall be
inserted the following paragraph:-
"(4) (a) Any power conferred by this Order to issue, make,
serve or grant any instrument shall be construed as
including a power exercisable in the like manner
and subject to the like conditions, if any, to vary,
revoke, cancel or otherwise terminate the instrument.
(b) In this paragraph 'instrument' includes any regu-
lation, direction, instruction, rule or other require-
ment, any notice and any certificate, licence, valida-
tion or other authority."
4. Immediately after Article 72 of the principal Order there shall be Insertion of new
inserted the following Article:- Article 72A.
Interpretation in 72A. Article 72 of this Order shall have
relation to East effect in relation to the East African Territories-
African Territories.
(a) as if for the definition of "Prescribed"
in paragraph (1) of the said Article
there were substituted the following
definition-
'Prescribed' means prescribed
by regulations made by the High
Commission or by the Governor
under this order, or made by the
Governor by virtue of any powers
conferred upon him by any declar-
ation made under paragraph (2)
of Article 71A of this Order"; and
(b) as if a reference to the High Corn
mission were substituted for the
reference to the Governor in the
definition of 'Type' contained in para-
graph (1) of the said Article; and
(c) as if a reference to the High Com-
mission were substituted for the
reference to the Governor in para-
graph (2) of the said Article."
F. J. FERNAU.

EXPLANATORY NOTE.
(This Note is not part of the Order, but is intended to
indicate its general purport).
This Order in Council, made under the Civil Aviation Act, 1949, and
the Colonial Civil Aviation (Application of Act) Order, 1952, amends
the Colonial Air Navigation Orders, 1949 to 1951. The amendments
relate to the powers and duties of the East Africa High Commission, and
of the several Governors, in the fast African Territories of Kenya,
Tanganyika and Uganda, under the Colonial Air Navigation Orders, 1949
to 1951.
(j) S. R. & 0. 1947 (No. 2863) I, p. 758


Ref. M.P. 520/53


1.1. 5 B. 44


1952


AIR NAVIGATION




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs