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 Fair Wage Rules, 1954






Group Title: Official gazette, Dominica.
Title: Official gazette - Dominica
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Permanent Link: http://ufdc.ufl.edu/UF00076862/00271
 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: VID00271
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

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        Page 52
        Page 53
        Page 54
    Fair Wage Rules, 1954
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        Page A-2
Full Text























Official


Gazette.


VOL. LXXVII


___-.----- .4e. -.- ----
P u Ii s tb bi p ut orit

ROSEAU, THURSDAY, MARCH 4,


Government Notices.


1954. No. 72


No. 54
DEPARfURE OF HIS EXCELLENCE
THE GOVERNOR
WITH reference to Gazette Notice No.
52 of the 24th February, it is notified for
general information that His Excellency
EDWARD B13THAM BEETHAM, C M.G.,
C V.O., O.B.E., Governor and Command-
er-in-Chief of the Windward Islands, left
the Colony on the 26th February, 1954,
for Grenada.
M.P. 681/51
27th February, 1954.

No. 55
VACANCY FOR AN ART MASTER AT
THEk QUEEN'S COLLEGE FOR BOYS
BRITISH GUIANA
APPLICATIONS are invited from suitably
qualified candidates for appointment to a
post of Art Master, Queen's College,
British Guiana, which will shortly become
vacant.
2. The salary of the post is in the
scale $3,000 x $i20 $3.600/ / x $141 -
$1,320/ / $240-$4,800 per annum and a
temporary cost of living allowance of
$240 per annum is also payable.
S 3. Candidates should possess at least
the Art Teachers Diploma (England) or its
-'alent, awarded after a course 4-5
3 I 72 7 9A at a recognized Art School in the
1 Commonwealth. Candidates must
) ( 7 / -" had several years teaching experi-
n a Secondary School.
SThe person selected must be pre-
pared to take an active interest in the
school games-cricket, football, hockey


--and in some of the other extra-mural
activities, eg dramatic and debating
societies, science club. Cadet Corps,
Scouts.
5. The appointment will be pension-
able, subject to satisfactory service dur-
ing a probationary period of two years
and the person selected will be subject to
the C lonial Regulations and to local
General Orders and instructions in force
for the time being in so far as th y are
applicable. He will also be eligible for
vacation leave at the rate of five days for
each completed month of resident service
up to a maximum of six months, subject
to the completion of a minimum tour of
service of two years. The officer will be
eligible for assisted passages for himself
(and, if he is married, for his w'fe) when
granted leave of absence, subject to the
provision of funds annually by the Legis.
lative Council and to th- requirements
of the Public Officers Leave (Passages)
Regulations, 1952.
6. Applications should be submitted to
the Principal of Queen's College, Bri.
tish Guiana not bIter than the 15th. of
March, 1954, giving full details of the
officer's experience and qualifications
together with copies of testimonials and a
recent photograph of the candidate.
Ref. No. 193/50
27th February, 1954

No. 56
POST OF COLONIAL POSrMASTER,
GRENADA
APPLICArIONS are invited for the post
of Colonial Postmaster. Grenada.
2 The salary of the post is in the


A hnl~cj0~

i"t


D o m 1









THURSDAY, MARCH 4, 1954


scale $2,880 x $120 $3,720 There is a
recommendation for an increase to *he
scale $3,120 x $120 $3,840. but the ques-
tion is not yet settled. Thb post is pen-
sionable.
3. Section 6 of the Post Office O'di-
nance sets out the duties of the Postmaster
as follows :-
(i) to attend to the General Post Office
for such daily and otherwiseJas the
regulations may direct, and alPo at
such times as may be necessary for
the receipt and delivery of letters
from and to Mail Packets and of all
other letters ;
(ii) to receive, arrange and deliver all
letters posted at or coming through
the General Post Office ;
(iii) to sell postage stamps and to
receive all mnne s payable for
stamps or for the postage of I tters
in lieu or in the absence of stamps,
or otherwise payable to him ;
(iv) to render monthly accounts and
vouchers of all transactions, re-
ceipts and payments done. received
or paid by him, or oftener if ana
when required by the Governor, to
the Auditor of Public Accounts, and
to pay to the Treasurer as the Gov-
ernor may direct all moneys so
received ;
(v) to superintend the working and
management of the Inland Post ;
(vi) to make up and deliver to and also
to receive from Mail Agents of any
Foreign Government mail bags con-
taining letters in such manner as
the regulations may prescribe ;
(vii) to perform all other duties that
may be from time to time fixed by
the Governor or by Her Majesty's
Postmaster-General.
4. The person selected will be subject
to Colonial Regulations and local orders in
force from time to time.
5. Applications must be in the appli-
cants own handwriting and they will be
required to give the following informa-
tion :-
(i) Age
(ii) School or schools or University at
which educated and Certificate or
Certificates or Diplomas obtained ;
(iii) Nature of present and past employ-
ment with dates ;
(iv) Amount of monthly salary or wages
earned in the post in which appli-
cant was last employed.
(v) past experience in work of the
same or a similar kind to that
required in the post advertised ;
(vi) they should a so furnish testimor.i-
als (which will not be returned to
the applicant) certified as true
copies by a Justice of the Peace or
a Minister of Religion or a Head of
a Department;
(vii) Applications which do not contain
the required information will not
be considered.
S6. Applications should be addressed
to the Secretary, Public Service Commis-
sion, to reach him not later than the 15th
March, 1954.
Ref. M. P. 1326/49
27th February, 1954


No. 57
LEAVE
DORIVAL, Mrs. F., Nuise. Chief Officer,
Rosean Hospital, vacation leave from
the 20th February to the 12th of
June, 1954, inclusive.
P. F. 82


No. 58
M C.C. VERSUS WINDWARD ISLANDS

IT, is notified for' general information
that a commentary on the cricket match
between the M C.C. and the Windward
Islands will be broadcast by the Windward
Islands broadcasting Service in the 60
metre band, on a frequency of 4 75 mega-
cycles per second. Transmissions will
begin at 11 a m. on Saturday March 6th
and Monday March 8th with a programme
of gramaphone records and frequent iden.
tification announcements, until play
begins at 11.30 a Im The transmis-ion
will continue throughout the tuo days of
the match until the close of play.
Ief. 12.7/52
3rd March, 1954.
~--"

No. 59
ROSEAU TOWN COU: CIL
ELECTION

Appointment of Presiding Officer

His Honour the Administrator has been
pleased to appoint Mr. 1 A. BOYD. Regis-
trar, to be Presiding Officer at the forth-
coming election of the Roseau Town
Council under the provisions of Domii.ica
Ordinance (No. 23 of 1937).
His Honour has been further pleased to
appoint Mr. J. V JEAN I'IERRE, 1st Class
Clerk, Registrar's Office, to be Assistant
to Ihe Presiding Officer under the provi-
sions of the same Ordin.ince.
397/53
4th March, 1954


No. 60
FAIR WAGES RULES, 1954
IT is notified for general information
that rules governing contracts for labour
entered into with Government Dep,,t.
ments, entitled the Fair Wages Rules'
1954, are published with and form part of
this issue of the Official Gazette,
Ref. M.P. 873/45
27th February, 1954.
By Command
D K. BURTON,
Ag. Government Secretary


~~


OFgICIAL GAZETTE,








-OFFICIAL GAZETTE, THURSDAY, MARCH 4, 1954


Departmental and other
Notices

THE BORDEN COMPANY, a corpora.
tion organized and existing under the laws
of the State of New Jersey, of 350 Madi-
son Avenue, New York, State of New
York, United States of America, have
applied for the registration of one trade
mark consisting of the following word: -



KLIM

in Class 42, that is to say, foods and in-
gredients of foods.
The applicants claim that they have
been using the said trade mna k in r-spect
of the said goods for forty-two years be.
fore the 5th day of November, 1953.
Any person may within three months
from the date of the first appearance of
this advertisement in the Dominica Offi-
cial Gazette, give notice in duplicate, at
the Trade Marks Ollice, Dominica. of op"
positi .n to the registration of the said
trade marK.
A. B MARIE
Acting Regi.-t,a ,of tradee Marks,
DOMINICA.
Agent: -
C. A. H. Dupigny, Esq.,
Chambers,
Roseau.
THE Registration of United Kingdom
Trade Marks Ordinance 1916

THERMOS
APPLICATION is hereby made for the
Registration, in the Regist r, of the Uni
ted Kingdom Traae Mark No. 720117 re.
gistered on the 22nd July. 1951, and for
the issue to us of a Certificate of Regis-
tration in tlie Colony of l),minica for the
said trade mark.
Dated the 18th day of December, !953
(Sgd.) W. F HARRISON
Agent for Thermos (1925) Limited
To The Registrar of Trade Marks,
DOMINICA
THE Registration of Unite,I Kingdom
Trade Marks Ordinance, 1916

BRITOCAINE
APPLICATION is hereby made for the
Registration, in the Register, of the Uni.
ted Kingdom Trade Mark No. 716576 re-
gistered on the 9th day of April, 1953. arnd
for the issue to us of a Certificate of Re-
gistration in the Colony of Dominica for
the said trade mark.
Dated the 29th day of December, 1953
THE DISTILLERS COMPANY
(13IOCHEMICALS) LTD.
By their Agent
(Sgd.) W. F. HARRISON
To The Registrar of Trade Marks,
DOMINICA.


THE Registration of United Kingdom
Trade Marks Ordinance, 1946

MIXTAMYCIN
APPLICATION is hereby made for the
Registration, in the Register, of the Uni-
ted Kingdom Trade Mark No. 716583 re"
gistered on the 9th day of April, 1953, and
for the issue to us of a Certificate of Re-
gistration in the Colony of Dominica for
the said trade mark.
Iated the 291h day of December, 1953
TIlE DISTILLERS COMPANY
.(BIOCHE.MICALS) LTD.;
By their Agent
(Sgd.) W. F. HARRIS-'ON
To The Registrar of Trade Marks,
DOMINICA.
N OTICE
Trade Marks Office,
Dominica.
3rd February, 1954.
JOHN DEWAR & SONS. LIMITED, of
Glasgow Road, Perth, Scotlaad ; and
Dewar House, Haymarket, London, S.W..
England: Distillers, have applied for the
registration of one trade mark consisting
of the folio % ing words :

DEWAR'8 WHISKY
in Class XLIII, that is to say, fermented
liquors and spirits viz ; Whisky.
The applicants claim that they have
been using the said trade mark in respect
of the said goods for sixty-three years
before the 4th day cf November 195:.
Any person may within three months
from the oate of the first appearance of
of this advertisement in the Dominiict
Official Gazett,., give-notice in duplicate,
at the Trade Marks Office, Dotninia. of
opposition to the registration of the said
trade mark.
1'. A. LOYI),
Registrar ul Ti 'mc JJorks
LOMINICA
Agent; --
G. A. James, Esq ,
Whintield Cnambers.
Roseau

ROSEAU TOWN COUNCIL
NOTICE
CONSEQUENT on the forfeiture of his
seat by Mr Musgrave A. Edwards as an
Elected Member of the Rose-au Town
Council and i. conformity with the provr
sions of section 75 of the Roseau Town
Council Ordinance (No. 23 of 19;;7), 1
hereby fix Thursday, the 18th day of
Marc,. 1954, as the date on which a Bye-
Election is to be held for filling the
vacancy thus created on the Council.
Dated this 22nd day of FKbruary, 1954,
JNo. Il. Charles,
(s.eau own Ceuncd.
bgoseau 7own Cu, cd.








OFFICIAL GAZETTE, THURSDAY, MARCH 4, 1954.


Traffic Notice closed to wheeled traffic between the
hours of 9.45 a.m. and 4 p.m. com-
BY virtue of the powers vested in mencing on the 23rd February 1954
me under section 78 (1) of the Motor and subsequent da. s excluding Satur-
Vehicles and Road Traffic Ordinance, days, Sundays and Bank Holidays
1949, I hereby order that that portion during the sitting of the Supreme
of Victoria Street between Govern- Court in its Criminal Jurisdiction.
ment House Main Gate and the B. B HUMFREY,
Victoria/High Street junction be Traffic Commnissioner.

NOTICE
Trade Marks Office,
Dominica.
14th January, 1954.
R. J REYNOLDS TOBACCO COMPANY, a corporation organized and exist-
ing under the laws of the State of New Jersey, of Main &Fourth Street, Winston-
Salem, State of North Carolina, United States of America, have applied for the
registration of one trade mark consisting of the following words and device:-









in Class 45, that is to say, Cigarettes ind tobacco products.
The applicants claim that they have been using the said trade mark in respect
of the said goods for one and one half years before the 12th day of November,
1953.
Any person may within three months from the date of the first appearance of
this advertisement in the Dominica Official Gazette, give notice in duplicate, a
the Trade Marks Office, Dominica, of opposition to the registration of the said
trade mark.
A. B MARIE
Acting Registrar of Trade Marks,
DOMINICA.
Agent:-
C. A. H. Dupigny, Esq.,
Chambers,
Roseau.

In the Supreme Oourt of the Windward Islands

and Leeward Islands.
COLONY OF DOMINICA.
No. 18 of 1952
BETWEEN
CHRISTOPHER OLIVER JAMES
AND
MABLE JAMES
Plaintiffs
AND
ROSEAU TOWN COUNCIL
Defendants
Mr. G. A. James for the Plaintiffs,
Mr. C. A H. Dupigny for the Defendants.
JUDGMENT
ON the 19th December, 1949, the Dominica Amateur Sports Association
(hereinafter referred to as the association) wrote to the Roseau Town
Council (hereinafter referred to as the council) asking for control of Wind-
sor Park during the 1950 cricket season. Windsor Park is a large recrea-
tion ground owned by the council, open to the public, and used for various









OFFICIAL GAZETTE, THURSDAY, MARCH 4, 1954


forms of sport, such as cricket, football and boxing. It is not clear wheth-
er this request was granted, but this does not affect any issue in the litiga-
tion which has arisen. In the same letter the association requested "per-
mission to lay a concrete practice pitch in the south western corner of the
Park." The evidence of the Town Clerk of the council was as follows :
"The application was considered: the site was inspected by a committee,
along with members of the association; and a site was chosen. That site
was 36 ft. away from the fencing of two properties adjoining the park
owned by Mr, James and Mr. Butler; just opposite the point where the two
properties bounded. When the application was granted the association was
informed that a net should be placed behind the batti ng wicket during
practices."
2. The evidence in the action disclosed that the practice bowling would
be delivered in the direction of the two properties referred to; with the
consequence that, if no net was placed behind the batting wicke', any balls
passing the batsman or snicked by him as they passed him would, unless
stopped by a wicket-keeper or a fielder, strike the fencing of one of the
properties or, if lifted to any height, fall into the properties themselves.
The council w;is aware of the's: it knew that annoyance and damage would
be caused to the occupiers of the proper ties if a net was not used.
3. The concrete pitch was laid by the association early in 1951, and
was used for practice without any net behind the batting wicket. The con-
sequence vas that the fencing of Mrs. James was damaged; and balls diop-
ped into her garden dao aging her growing produce. The fencing of an
adjoining occupier named Vanterpool was also damaged Mr, James c)rr.-
plained to the council in a letter dated 14th April, 1951. The council dis-
cussed his complaint at its next meeting and postponed consideration of it
for a month. The reason for this was that the association had ordered a
net, but that it had not yet arrived. The council was apparently satisfied
that the damage and annoyance shoJld continue in the meantime.
4. It did continue: and Mr. James mide another complaint on the 4th
June. 1951. The council had not yet resumed the consideration of his first
complaint, which it had postponed pending the arrival of the net. It now
caused a letter to be sent to the association dated 23rd June, 1951, as
follows:-
"In view of complaints made by certain residents around Windsor Park,
the Roseau Town Council desires me to inform the Dominica Amateur
Sports Association that a net must he placed behind the batting wickets
when the concrete cricket pitch at Windsor Park is being used for practising,
otherwise no practices will be allowed on the pitch."
The town clerk said that soon after this letter the council was inform-
ed that the net had arrived. The council then gave permission to the as-
sociation to continue the practices, provided that the net was used
5. No correspondence in this connection was produced on behalf of
the council; and the town clerk was vague as to dates. A copy of the letter
to the association had been sent to Mr James on June 23rd. 1951; and he
said that he was surprised about a week after this to see players arriving
and using the pitch without a net. He in'oimed the town clerk of this nd
suggested the fixing of a notice in the vicinity of the pitch-the town clerk
said he of himself could do nothing about it.
6. The cricket season ended in July 31st, 1951. The next season began
on January 1st. 1952. Mr. James said that the pitch still continued to be
used without a net. He consulted a solicitor; and on the 24th March, 1952,
a letter was written to the counc 1 complaining of the nuisance, discomfort
and damage, and asking for compensation. The council replied on March
31st, 1952, saying it was unable to accept liability for the losses sustained
by Mr. James.
7. Mr. & Mrs. James then issued a writ on the 18th April, 1952,
against the council, claiming damages for nuisance and negligence, and an
injunction. The statement of claim alleged that the council had permitted
the pitch to be used in such a manner as to constitute a nuisance to the
plaintiffs, and had allowed the nuisance to continue after complaint by tne
plaintiffs. The particulars of negligence were that the council took no steps
to regulate the manner of use of the pitch; that it failed to use its staff for
this purpose: and that it failed to avail itself of its power to make a by-law
to regulate the use of the pitch.
8. The defence was a denial that the council permitted the pitch to b
used by the players in such a manner as to constitute any nuisance to the
plaintiffs. The council had on more than one occasion requested the players
not to use the pitch without providing a net. If any damage was done, it
was not done by the council, but by bare licensees.








OFFICIAL GAZETTE, THURSDAY, MARCH 4, 1954

9. Mr. James, counsel for the plaintiffs, referred me to Sedley BPn-
field v. O'Callaghan, 1940, A.C., 880; and particularly to what was said by
Lord Maughan on p. 894. "An occupier of land continues a nuisance if
with knowledge or presumed knowledge of its existence he fails to take any
reasonable means to bring it io an end though with ample time to do so,"
and by Lord Atkin at p. 897 as to the passive continuance of a nuisance.
He also referred me to St Helen's Snelting Co. V. Tipping, 1866, 35 L. J..
66. N.S., where it was held that a plaintiff succeeds in a nuisance action if
he satisfies the court that real sensible injury has been caused to the enjoy-
ment of his property. He read extracts from Salmond on Torts, i0th Ed.,
ps. 235-237.
10. Mr. Duoigny, for the council, said that the facts amounted to
trespass only, i.e.. trespass by the cricket players. The moment ihe council
said a net must be used; it had done its duty. He was at one time disposed
to admit that if there was a nuisance, the council was responsible; but he
later receded from this attitude, urging that the facts as proved did not
warrant a finding that the council had either continued or authorised the
continuance of the use of the pitch without a net. He did not cite any
authorities.
11. Neither counsel had anything specific to say on the question of
negligence; but I think that on tne facts it was established that the council
was negligent. It was aware that injury would be caused to the adjoining
properties if the pitch was used without a net. It owed a duty to the ad-
joining owners, and to the plaintiffs in particular, to see that a net was
used. It may be said that it would have ierused permission to the associa-
tion to construct the pitch if a condition had not been laid down that a net
should be always uset. 1 his condition was laid down. So far the council
had done its duty. But, on the receipt of Mr James' letter of the 14ch
April. 1951, it was brought to the nouce of the council that the condition
was not being observed. The pitch was being used without a net and
some further action was required.. Toe council remained deaf to this re-
monstrance of Mr. James. It did not even remind the association of the
condition. It had complete control of Windsor Park and could have stopped
all practice on the pitch. It knew there was no net available, and that un-
less it acted injury would continue to Mr. James' premises. It chose not
to act. It was induced to take some action by a further letter from Mr.
James on the 4th June, 1951. It then wrote to the association to say t iac
no practices would be allowed on the pitch unless a net was used. But the
council had been negligent between the date of Mr. James' letter in April
and the date of his second letter in June. It owed a duty to the plaintiff-,
it failed to carry it out, and its failure resulted in damage to the plaintiffs.
12. The plaintiffs, seek also to succeed on the ground of nuisance. 'The-
pitch is on property belonging to and under the control of the council.
Persons using the park may apparently play cricket anywhere except on tne
part reserved and kept for important cricke, matches. If there were no
concrete pitch in this particular spot ,here would seem to be nothing to
prevent any persons from playing cricket there; and it is n >t necessary
here to discuss whether the council would inicur any responsibility for in-
jury caused to others by any such spo6. Thre are distinctions to be drawn
between any such ill.equipped sport and the use of the pitch. Firstly, the
council authorised the laying down of the concrete pitch in this particular
spot. Secondly, the pitch was laid down by the association which controls
all forms of outdoor sports in Dominica. It would be used regularly, and
used for serious practice oy the best cricketers in the island.
13. I have no hesitation in finding that the use of the pitch without a
net was a private nuisance and that ii caused damage to the plaintiffs. The
issue is as to the responsibility of the council. The nuisance was on land
owned and controlled by the council. It had granted to the association a
licence to lay a concrete pitch on its and, for the purpose of cricket p ac-
tice. The licence was granted subject to a condition; if the licensees ob-
served this condition, there would be no nuisance. The icerisees failed to
comply with the condition-- this failure led to the pitch becoming a
nuisance. The nuisance was caused by the action of the association; not
by any direct action on the part of the council. But the council had at all
times complete control of the situation ; it cou d take action to prevent the
continuance of the nuisance.
14. It is this question of control, owing to the relationship of licensor
and licensee, that distinguishes this case from those mentioned in Salmond's
Law of Torts, 10th Edition, p. 235. Where the relationship is that of land-
lord and tenant it was held that a landlord is not "deemed to authorise a
nuisance simply because, with knowledge of its existence, he refrains from
exercising his right of determining the tenancy, or takes no active steps to
prevent what is )eing done." In the present case the relationship is not


V









OFFICIAL GAZETTE, THURSDAY, MARCH 4, 1954. 53

one of landlord and tenant; the council was in a position to withdraw the
licence if the condition was not observed, and it actually purported to do
so on the receipt of the second complaint from Mr. Jam.s.
15. The Sedleigh-Denfield case (supra), cited by Mr. James, dealt
with the case of a nuisance caused, not by the owner of the land, but by a
trespasser. Mr. James makes an analogy, not entirely fanciful, between
the case of a trespasser and the case of the association using the pitch
without a net. He cited the words of Lord Atkin on p. 897. "If a man
permits an offensive thing on his premises to continue to offend, that is, if
he kbows it is operating offensively, is able to prevent it, and omits to pre-
vent it, he is permitting the nuisance to continue." Again at p. 899, "the
defendants clearly continued the nuisance, for they come clearly within the
terms I have mentioned above; they knew the damage, Ihey were ab e to
prevent it, and they omitted to prevent it." The principle is also stated
clearly in the speech of Lord Wrighr, at p. 9J4. "An occupier is not prima
facie responsible for a nuisance created without his knowledge and consent
If he is to be liable a further condition is necessary, namely, that he had
knowledge, or means of knowledge, that he knew or should have known of
the nuisance in time to correct it and obviate its mischievous effects......
He is not liable unless he continued or adopted the nuisance, or more accu-
rately, did not without undue delay remedy it when he became aware of it;
or with ordinary and reasonable care should have become aware of it.'
He quoted with approval the words of Farewell, L. J., in Barker v. Her-
bert, 1911. 2 K B., 633, at p. 645. "A landowner is not liable for a nuis
ance caused, not by his own action, but hv something done by another
person against his will, subject to the qualifications that he may become
liable if he permits it to continue and fails to abate it within a reasonable
time after it has come, or ought to have come to his knowledge."
16. The council was from the beginning aware that the pitch was a
potential nuisance to adjoining owners unless a net was used. It was noti-
fled by Mr. James in Anril 1951 that a npt was not being used, and that
damage and annoyance were being caused It took no steps whatever to
abate the nuisance until the receipt of a further letter from Mr. James in
June, 1951. On the principles set out above the council was res-onsible for
the continuance of the nuisance during part of Atril, the whole of May,
and the greater part of June. 1951.
17. Then in June. 1951. the council drl ieid to dn something. It noti-
fied the association that no practices would be allowed on the Uitch unless a
net was used. Mr. James did not address any further complaints in writ-
ing to the council; he says that he told the town clerk that the c-uncil'v
order was being ignored: and that the town clerk said he of himself could
do nothing about it. If the nuisance was continuing, this was a definite in-
vitation to Mr. James to complain again in writing but he did not do so.
In these circumstances it is only fair to th- coinc:l to onsidee" that it was
entitled to assume that its order was being obeyed and that the nuisance
had ceased. No further complaint came from Mr. James until March,
1952; he then alleged that the nuisance had continued despite .he order of
the council. Damages, however, are not claimed for anything that occur
red in 1952.
18. The reilt is that the council mut be hell responsible for the
continuance of the nuisance in April, Mav and June 1951. but not other.
wise. Paragraph 7 of the statement of claim puts June. 1951, as the date
when the pitch began to be used; but, in view of the evidence, this is so
obviously a clerical error that I have no hesitation in amending it to read
February. which seems to be the correct date.
19. The damage was injury to the plaintiffs' fence by the cricket balls
striking it; the consequent falling down of the fence; and damage to banr.
na trees, suckers and poultry by balls falling inside the fence. Damage
was also said to have been caused by cricketers entering the plaintiffs'
premises in search of balls, but I regard this as not flowing naturally from
the actual nuisance or negligence. The special damage is fixed as occurring
in the months February to June inclusive--on'the finding made above the
council would be responsible for about half of this. As. is usual in these


I









54 OFFICIAL GAZETTE, THURSDAY, MARCH 4, 1954

c
lases the damage caused to cultivation has been exaggerated; and some of
t and of the damage caused to poultry was admittedly caused by trespass-
ers. I fix $40 00 as damages for injury to the fence; $25.00 for injury to
Cultivation; and $5 00 for injury to poultry. For the annoyance and dis-
comfort caused to the plaintiffs I allow $100.00. On the evidence the plain-
tiffs are entitled to an injunction prohibiting the council, its servants and
agents from using the cricket pitch or from allowing it to be used. without
a net behind the batting wicket. They will recover from the council the
damages assessed above, viz. $170.00, and costs to be taxed.
R. J. MANNING,
JUD'.E.
14/3/53.


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DOMINICA
Printed at the BULLETIN OFFICB Roseau,--By Authority


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FAIR WAGES RULES, 1954.

EVERY contract made hereafter with the Government of DOMINICA
or any Department thereof, and every contract entered
into with assistance from the Government by way of grant, loan, subsidy,
licence, guarantee, or other similar form of assistance, shall be subject to
the following provisions respecting rates of wages, hours and conditions of
labour :-
1. The contractor shall aay rates of waves and observe hours and con-
ditions of labour not less favourable than those established in the trade or
industry in the district where the work is carried out, by agreement,
machinery of negotiation or arbitration to which the parties are organisa-
tions of employers and trade unions representative respectively of substan-
tial proportions of the employers and workers engaged in the trade indus-
try in the district (hereinafter referred to as established rates and
conditions) or failing such establishment rates and conditions in the trade
or industry in the district, established rates and conditions in other dis-
tricts where the trade or industry is carried on under similar general
circumstances.
2. In the absence of any established rates and conditions as defined
in Section i, the Labour Department shall, alter consultation with repre-
sentatives of employers and workers prepare ;-nd furnish a schedule setting
forth fair and reasonable rates and conditions to ba observed in the
the execution of the contract, having regard to established rates and
conditions in re-pect of persons employed in a capacity and in general
circumstances similar to those of the persons engaged on the contract, or
failing such established rates and conditions. any fair standards of rates
and conditions commonly recognized in respect of t ersons employed in a
similar capacity and in similar general circumstances
3. Before being placed on any list of Government contractors or being
allowed to tender for Government contracts, the contractor shall certify
that to the best of his knowledge and belief the wages, hours of work and
conditions of labour of all work-people employed by him in the trade or
industry in which he is offering himself as a contractor are fair and reason-
able having regard to the provi-ions of Section I of this Order,
4 In the event of any difference or dispute arising as to what wages
ought to be paid, or what hours or other working conditions ought to be
observed in accordance with the requirements of Section 1, it shall, i not
otherwise disposed of, be referred by the Head of the Labour Department
to an independent tribunal for decision. In ar, giving at its decision the
tribunal, in the absence of any established rates and conditions in the trade
or industry concerned as specified in Section 1, shall have egard to any
agreement, custom, practice or am ard that may be brought to its notice
relating to the wages, hours or conditions of labour of persons employed in
a capacity similar to that of the persons to whom the difference or dispute
relates in trades or industries carried on under similar general circum-
stances.
5. The contractor shall keep proper wages books and time sheets
showing the wages paid to and time worked by the workmen in and about the
execution of the contract, and he shall be bound, whenever required, to
produce such wages books and time sheets for the inspection of any person
authorised by the Head of the Labour Department.







6. (a) The contractor shall be prohibited from sub-letting unless the
approval of the Department of Labour is obtained.
(b) A sub-contractor shall be bound in all cases to conform to the
conditions of the main contract and the main contractor shall
be responsible for the observance of all contract, conditions on
the part of sub-contractors.
(c) The contractor shall vote transfer or assign a contract or
portion thereof without the written permission of the Depart-
ment of Labour.
(d) No portion of the work to be performed on a contract shall be
done at the homes of the workpeop e, except in so.far as work
is so performed by practice or custom.
7. Contractors and sub-contractors shall recognize the freedom of
their workpeople to be members of registered trade unions.
8. A contract or shall not be entitled to payment of any money which
would otherwise be payable under the terms of contract in respect of the
work and labour performed in the execution of the coni act unless and
until he shall have filed together with his claim for payment a certificate :-
(i) showing the rates of wages and hours of labour of the various
classes of workmen employed in the execution of the contract.
(ii) whether any wages in respect of the said works and labour
remain in arrears, and
(iii) that all the labour conditions of the contract have been duly
complied with.
9. The contractor shall also from time to time furnish to the Depart-
ment of Labour such further detailed information and evidence as the
Department may deem necessary in order to satisfy them that the condi-
tions of this Order have been complied with.
10. In the event of default being made in payment of any money in
respect of wages of any workman employed on the contract and if a claim.
thereafter is filed in the Office of the Department.of Labour and prcof
thereof satisfactory to the Department is furnished, the Department may
failing payment by the Contractor, arrange for the payment of such claim
out of the monies at any time payable under the sa'd contract and the
amount so paid shall be deemed payments to the contractor.
11. Any contractor or sub-contractor who is found to ie in breach of
this Order shall cease to be approved as a contractor or sub-contractor for
such period as the head of the Labour Department may determine.




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