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Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00051
 Material Information
Title: Leeward Islands gazette
Physical Description: reels. : ;
Creator: Leeward Islands (West Indies)
Publisher: Gov. Printing Office
Place of Publication: Antigua
Publication Date: 1872-
 Subjects
Subject: Politics and government -- Periodicals -- Leeward Islands (West Indies)   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
Dates or Sequential Designation: 1- , 1872-
General Note: Two pages per frame.
General Note: Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.
 Record Information
Bibliographic ID: UF00076863
Volume ID: VID00051
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001724221
notis - AJD6739
 Related Items
Succeeded by: Antigua, Montserrat and Virgin Islands gazette

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        Page 249
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        Page 254
    Montserrat - Statutory Rules and Orders, No. 5 of 1950 substitution for the No. 5 issued with Gazette No. 71: Resolution abolishing Customs duty on aircraft and aircraft parts and supplies
        Page A-1
Full Text




24'&


THE LEEWARD ISLANDS


GAZETTE


SubliSthc bH lrutborit .

VOL. LXXVIII. THURSDAY, 12TH OCTOBER, 1950.


No. S8.


Notices.


J. A. C. CRUIKSHANK,
[L.S.] Commissioner.

WRIT OF ELECTION.

GEORGE THE SIXTH by the
Grace of God of Great
Britain, Ireland iad the
British 1)oLinions beyond
the Seis, King, Defender of
the Faith:

To the Retur)ning Qficer of the
Electoral District of the Presi-
dency of the Virgin Islands.

WE COMMAND YOU that, notice
of the time mad place of election being
first duly given, you do cause election
to be made according to law of four
members to serve in the Legislative
Council for the Electoral District of
the Presidency of the Virgin Islands,
the said election to be held at the
Administration and Treasury Offices
in Road Town, Tortola, on Monday
the 20th day of November, 1950, be-
tween the hours of ten o'clock in the
forenoon and six o'clock in the after-
noon.

AND that you do cause the names
of such members, when so elected
whether they be present or absent, to
be certified to the Commissioner on
Saturday the 25th day of November,
1950.

WITNESS His Honour JOHN
AUGUSTUS COCKBURN CRTJIK-
SHANK, Esq., Commissioner of
the Virgin Islands, this 7th day
of October, in the fourteenth
year of Our Reign and in the year
of Our Lord one thousand nine
hundred and fifty.


No. 104.

Appointments and transfers, etc.,
in the public service, with effect from
the dates stated, are published for
general information:-

HOPKINS, I., Petty Officer Class III,
Administration, Antigua, resigned
appointment. Sept. 16


CONFIRMATION OF ORDINANCES.

No. 105.
The Secretary of State for the
Colonies has informed the Governor
that the KING will not be advised to
exercise his power of disallowance
of the undermentioned Ordinance of
the Legislature of St. Kitts-Nevis:-
No. 12 of 1919, "The Electricity
Supply Loan Ordinance, 1949".
C.S.. M.P. 47/00I )9.

No. 106.

The following Statutory Rule and
Order is circulated with this Gazette
and forms part thereof:-

Montserrat.
No. 5 of 1950, "Resolution abolish-
ing Customs duty on aircraft and
aircraft parts and supplies."
(In substitution for S.R.&O. No. 5
of 1950, published in error in Gazette
No. 71 of 17th August, 1950.)


In the Supreme Court of the
Windward Islands and


Leeward Islands.


ANTIGUA CIR(
A.D. 1950.


Notice is hereby gi'
Honour the Acting Chie
appointed Thursday th(
October, 1950, at 10 c
forenoon for a sitting of
which the following c
heard:-
Plaintiff.
Nehemiah Joseph A

Colonial Minerals J
Limited

Dated this 13th day
1950.


In the Court of Summary
Jurisdiction of the
Leeward Islands.
ANTIGUA CIRCUIT.
A.D. 1950.
Notice is hereby given that His
Honour the Acting Chief Justice has
appointed Thursday the 19th day of
October, 1950, at 10 o'clock in the
forenoon for a sitting of the Court at
which the following causes will be
heard:-


I'laintiff.

Thomas Ryan

Florence Gabriel
Margaret Gibon
Beatrice Grant


Defendant.

Christopher
Grant
Leopold Martin
Elijah Gibon
Branford Looby


Dated this 13th day of September,
1950.
N. A. BERRIDGE,
Registrar.


In the Supreme Court of the
Windward Islands and
Leeward Islands.


MONTSERRAT CIRCUIT.


CIRCUIT COURT NOTICE.
CUIT.

NOTICE IS HEREBY GIVEN
that, in pursuance of Rules made by
Sthe Chief Justice under Section 16 of
en that His the Windward Islands and Leeward
f Justice has Islands Courts Order in Council, 1939,
'clock in the on the 24th day of September, 1941,
f ck Co te as amended, His Honour the Puisne
Sthe Court at Judge selected for the sittings of the
causes will be Court in Saint Vincent and Montserrat
Circuits has appointed the undermen-
Defendant. tioned day on which the ensuing
Circuit shall sit in this Presidency,
melia that is to say:-
Richards
oseph Dew & On Monday, the 16th October, 1950,
Son Limited at 11.00 o'clock in the forenoon.

of September, RANDALL H. LOCKHARlT,
Registrar, Mlontserrat Circuit.


Registrar's Ofice,
Montserrat.
25th September, 1950.


N. A. BERRIDGE,
Registrar of the Supreme Court.


Ut 72 97

Lq 174


__










THE LEEWARD ISLANDS GAZETTE.


In the Supreme Court of the
Windward Islands and
Leeward Islands.


NOTICE is hereby given that in
pursuance of rules made by the Chief
Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts) Order-in-Council,
1939, and duly approved as therein
provided on the 16th day of October,
A.D. 1941, His Honour the Puisne
Judge selected for the sittings of the
Court in Antigua, S;int Christopher,
Nevis and Virgin Islands Circuits
has appointed the day of the month
on which the ensuing Circuit should
sit as follows; that is to say:-

The Nevis Circuit on Thursday the
16th of November, 1950 at 10 o'clock
in thei fo enoon.

At the close of the sessions all
pending civil matters will he heard.

Dated this 3rd day of October,
1950.
D. S. BROOKS.
Registrar.

Administrator of Estates' Office,
Montserrat, II. W.I.,
19th Sept'liber, 1950.

In the matter of the Estate of
MAURICE MASON, late of
Plymouth, Montserrat, de-
ceased.

(UNREPRESENTED.)
To all and sundry Creditors of the
above Estate:

TAKE NOTICE that you are to
come in and prove your debts on or
before the 27th JauLiary, 1951, and
that in default of your so doing you
will be excluded from any benefit
arising from such Estate.

RANDALL H. LOCKHART,
Administrator of Estates.


NOTICE IS IIERERY GIVEN
that in pursuance of Section 17 (2) of
of the Marriage Ordinance, 1921
(Montserrat, No. 6 of 1921), the
Pent-costal Church at Wapping, Ply-
month, Montserrat, has been duly
registered as a place of Christian
worship wherein banns or announce-
ments of marriage may be published.

RANDALL H. LOCKHART,
Registrar-General.

Registrar General's Office,
Plymouth, Montserrat.
25th September, 1950.


Public Health Engineering
Staff, Dominica.


VACANCY FOR FIELD TECHNICIAN.



Applications are invited for the
post of Field Technician with the
Public Health Engineering Staff,
Dominica.

2. The post is non-pensionable and
carries a salary of $720-120-1440
with a temporary cost of living allow-
ance of 15% decreasing to 12,% from
$;'0 onwards. Subsistence Allowance
at local rates is payable and the
successful applic)ant will be required
to serve a probatioinary period of six
months on the successful completion
of which he would be asked to sign
a contract to 31st December, 1953,

3. Applicants shoniil possess
some knowledge of engineering sur-
veys, elementary building construc-
tion, preparation of drawings in con-
nection therewith. malaria control
measures, land and honse drainage
and should be in possession of the
Cambridge Senior School Certificate
with a credit in mathematics. Expe-
rience in control of labour would be
an advantage.

4. The commencing salary may
1be $864 and the period of probation
three months depending on qualifica-
tions.

5. Applications should be accom-
panied by, if possible, a testimonial
from a member of the Public Health
Engineering profession and should be
submitted to the Senior Medical
Officer, Dominica, not later than 15th
October, 1950.

GDo,,rnmn ,it Ofic,
Dominiocta.
9th September., 1950.
Ref. No. A. C. 825.


STORM WARNING SIGNALS.

AT DAY. The following signals
displayed at the Harbour Department
and Goat Hill signal station will
denote the approach of disturbed
weather:-

X. A red flag with black square in
centre- means-tropical dis-
turbance reported; likely to
affect island of Antigua-
CAUTION ADVISED.

XX. Two red flags, with black
squares in centre-HURRI-
CANE SIGNAL-DANGER
EXPECTED.


[12 October, 1950.


AT NIGHT. Two detonating rock-
ets will be fired in rapid suc-
cession from Harbour Master's
Office, as a warning to shipping
of the approach of disturbed
weather.

AT DAY & AT NIGHT. The
siren at the Police Headquarters will
be sounded as a HURRICANE SIG-
NAL DANGER APPRENDED."

Police will also go through St.
John's and villages sounding their
whistles continuously.


All telephone exchanges will make
every effort to inform subscribers
about weather conditions when
requested to (id so l!y the Official
Weather OlbsrvTr.
The Police Department will also
give whatever assistance they can in
notifying the public in ge-neral.

F. V. D. GRIFFITH,
1Teath-r Obset ecr.
July, 1950.


RAINFALL FIGURES.

Central Experiment Station,

Antigua.


January
February
March
April
May
June

July
August


1917. 1948. 1949. 1950.
3-97 2'82 1 50 5'41
57 '57 207 2'52
"59 1'89 5-52 1 58
'67 '59 3'54 2-44
3 34 2'80 198 206;
1 49 3:38 3'35 1-n6
2'97 1'37 2-10 1"85
2 50 2'29 ,i;6 1071


September 7'82 3'79 10'92 W(34
October 7th 'Si '46 1"47 tt
24 78 19-96 39'11 3497



Publications issued from the

Government Printing Office,

Leeward Islands.


STATUTORY RULES & ORDERS.

General Government.

No. 27 of 1950, The Colonial For-
eign State Aircraft (Search and
Rescue) Authorization, 1950."
1 pp. Price Id.








THE LEEWARD ISLANDS GAZETTE.


In the Supreme Court of the Windward Islands and
Leeward Islands.

(APPELLATE JURISDICTION.)
WILLIAM TURNER, Appellant (Defendant).
V.
ADOLPHUS MORRIS, Respondent (Plaintiff).
(1950 No. 4. St. Christopher)
Before: JACKSON, Acting C.J.

1950 August 2, October 2.
R. S. VANIER, for the Appellant.
F. E. KELSICK, for the Respondent.
JACKSON, Acting C.J.

Appellant seeks an order reversing the judgment of the Additional Magistrate for District C,
St. Christopher, wherein the appellant was ordered to pay to the respondent $24.00 damages and
$10.80 costs for injuries sustained by him as a result of the alleged negligence of the appellant.

On the 24th October 1948 appellant was riding a bicycle on Pond Road, Basseterre;
respondent was sitting on the steps of a house at the kerb adjoining the highway; he sat with his hack
to the street and which was only about 3 feet away; as he sat there the appellant and his bicycle fell on
him and injured him. The appellant denied negligence, testified that he was riding along Shepherd
St. on his correct side; as he turned West into Pond Street and was just a foot and a half beyond
the kerb a dog ran from respondent's yard on to him and knocked him over.

The learned Magistrate found for the plaintiff (respondent) holding that the doctrine
"res ipsa loquitur" applied. He recorded in his notes at the end of the case the following "Asked
" by Mr. Vanier if I believed the defendant's evidence. Reply. I do not disbelieve defendant's
" evidence. Note recorded. Evidence of defendant not substantiated. I find there is no evidence
" negativing negligence." I quote from his reasons which were submitted later; The burden of proof is
" placed on a plaintiff in normal causes but in circumstances where the doctrine res ipsa loqvitvr applies
"there is prima facie evidence of negligence. In other words of the various duties included under
" "Burden of Proof" the plaintiff is relieved of one duty-the duty of proving negligence and this bur-
" den shifts to the defendant in its negative form-the duty of disproving negligence. The defendant in
"evidence asserted that he was thrown from his bicycle by a dog He called no evidence in substantiation.
" Although there is no legal requirement for corroboration in cases of this nature and although it is
" possible that the defendant's story is true i.e. that he was thrown from the bicycle by a dog; the Court
" must be fully satisfied that the evidence is true and should not, lightly deprive a plaintiff of his legal
" remedy. Evidence of this nature is easily fabricated. I hold further that even if it had been shown
" that the defendant was thrown from his bicycle by a dog the defendant would have to go further and
" show that there was no negligence on his part and that the dog running into his bicycle was the sole
"cause of the accident. In other words he must discharge the Burden of Proof cast upon him by the
" doctrine res ipsa loquitur."
I have recited the learned Magistrate's reasons for decision as it is manifest that he crept into
error because he misconceived the legal application of the principles governing the burden of proof in
cases which fall within the doctrine res ipsa loquitur. It has therefore become necessary to make a clear
statement of the law on the subject as shown by the authorities. In Hailsham Edition of Halsbury's
Laws of England Vol. 23 at par. 956 the learned author records under the heading Presumption of
Negligence: Res Ipsa Loquitur the following: An exception to the general rule that the burden of
proof of the alleged negligence is in the first instance on the plaintiff occurs wherever the facts already
established are such that the proper and natural inference immediately arising from them is
that the injury complained of was caused by the defendant's negligence or where the event
charged as negligence on the part of the defendant, the story so told being clear and
unambiguous. To these cases the maxim res ipsa loquitur applies. Where the doctrine
applies, a presumption of fault is raised against the defendant, which, if he is to succeed
in his defence, must be overcome by contrary evidence, the burden on the defendant being to
show how the act complained of could reasonably happen without negligence on his part. Where,
therefore, there is a duty on the defendant to exercise care, and the circumstances in which the injury
complained of happened are such that with the exercise of the requisite care no risk would in the ordinary


12 October, 1950.]








THE LEEWARD ISLANDS GAZETTE.


course of events ensue, the burden is in the first instance on the defendant to disprove his liability. In
such a case, if the injurious agency itself and the surrounding circumstances are all entirely within the
defendant's control, the inference is that the defendant is liable, and this inference is strengthened if the
injurious agency is inanimate. If the surrounding circumstances are not wholly within the defendant's
control, or the injurious agency is animate, there is frequently no certain inference and the plaintiff will
not have discharged the burden without proof of some negligent act or omission on the part of the
defendant." There is not indeed, as Salmond puts it in his book on Tort, "even in these cases any
legal presumption of negligence, so that the burden of disproving it lies on the defendant."
The plaintiff (respondent) could only give evidence as to the accident; he could not tell how it
nll".]!d.1 "nor was he expected to since his back was turned; his witness was none the wiser; at the close
of the plaintiff's (respondent's) case there was no doubt ground for applying the doctrine of res ipsa
loquitur, that is to say that the circumstances were such as to raise a presumption of fault for which
the defendant (appellant) owed explanation. Erie C.J. in delivering the judgment of the Court in the
well-known case of Scott v Londo and St. KAtherine Docks 'o(, (1865) 3 II (" C 596, at p. 601
expressed himself thus There must be reasonable evidence of negligence. But where the thing is
shown to be under the management of the defendant or his servants, and the accident is such as in the
ordinary course of things does not happen if those who have the management use proper care, it affords
reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want
of care." Langton J. in The Kite 1933 P. at p. 170 commenting on this statement of the law makes
this contribution: [ take notice of the word 'explanation it is not in absence of proof. Now, if that
be a correct statement of the law and I humbly think it is-what the defendants have to do hclre is not
to prove that their negligence did not cause the accident. What they have to do is to give a reasonable
explanation, which if it be accepted, is an explanation showing it happened without their negligence.
Th('y need not even go as far as that because, if they give a reasonable explanation which is equally
consistent with the accident happening without their negligence, they have again shifted the burden of
proof back to the plaintiffs to show as they have to show from the beginning-that it was the negligence
of the defendants that caused the accident."
The circumstances as deposed by the appellant (defendant) warrant the view that the accident
occurred without any fault of his; the magistrate in answer to a query by his counsel said I do not
disbelieve defendant's evidence; does not this show that the Magistrate is saying to himself at least
this, it could reasonably have been caused in the way defendant narrates ?" It should then have been
passably clear to him that the defendant (appellant) having shown by evidence not disbelieved how the
accident night reasonably have occurred without his negligence the plaintiff (respondent) was left where
he began; the Magistrate should then have posed himself the obvious question, Has the plaintiff proved
that the defendant was negligent ? the answer would either be No" or to put plaintiff's case at its
highest that the questioner is in doubt as to whether negligence was established as there would at least
be an equal possibility that the accident happened with or without negligence. In such circumstances he
can only find for the defendant.
The Judgment therefore cannot stand; the appeal is allowed with costs here and in the court
below, fixed at 5 13s. and the order of the learned Magistrate is set aside.

D. E. JACKSON,
Acting Chief Justice.


[12 October, 19,50.








12 October, 1950.]


THE LEEWARD ISLANDS GAZETTE.

Colony of the Leeward Islands.

ANTIGUA CIRCUIT.
Title by Registration Act.


REGISTER OF TITLES.


SCHEDULE OF APPLICATIONS


ANTIGUA CIRCUIT.


for Certificates of Titles, and Noting thereon, and Caveat for the week ending the 9th day of September,
1950.


Date of Request.


9th day of
September,
1950


Person presenting.


William Adolphus Richards of
Alfred Peter's Street in the City
of Saint John in the Island of
Antigua by his Solicitor, John
Rowan Henry of Chambers,
Church Street in the City of
Saint John in the Island of
Antigua.


Nature of request, whether for Certificate of Title, or
Noting thereon, or caveat.


Certificate of Title for ALL TT AT piece or
parcel of land situate at Clarehall in the
Parish of Saint John in the Island of Antigua
containing 1.50 acres all as the same are
delineated in the plan of the said land dated
the 7th day of March, 1950, drawn by Ernest
Alexander Govia, Licensed Surveyor.


Anyone who objects to the issue of the Certificate of Title as applied for must within
21 days from the first publication of this Notice enter a Caveat at the office of the Registrar of
Titles for the Antigua Circuit.


Dated the 27th day of September, 1950.


Notice.


REGISTRAR'S OFFICE,
ANTIGUA. B.W.1.
12th October, 1950.
Medical Act, 1937.
Pursuant to Section 12 (4) of the Medical Act, 1937, the following registration is hereby notified.
CHEMIST AND DRUGGIST.


Name.

Evelyn, Arthur L.


Qualification.


Date Registered.


1950 6th October, 1950


Registration No.

151


N. A. BERRIDGE,
Reg istrar.


253


N. A. BERRIDGE,
Registrar of Titles.







THE LEEWARD ISLANDS GAZETTE.


Notice.


HURRICANE WARNINGS.

1. At the beginning of the Hurricane Season the public are advised to take precautionary
measures to ensure that all doors, windows, and shutters of their houses, offices, etc., can be securely
fastened. The same applies to buildings used as shelters for stock.
An adequate supply of hurricane lanterns, candles or electric torches is recommended, in the
event of the failure of electric lighting system during the storm.
2. Householders possessing a barometer should watch their instri ment carefully and observe-
readings at 9 a.m. and 3 p.m. and at night time previous to retiring to bed. Any change lower than
the usual diurnal one of 0.1 inch should be regarded with some suspicion and more frequent
observations made.
3. All Agents of steamers and of sailing vessels which are approaching or leaving Antigua in
doubtful weather, are asked to communicate direct with the Harbour Master. This is especially essential
with regard to small sailing boats engaged in inter-island trade.
4. When barring up a house, on indications of bad weather or the approach of a hurricane, begin
with the side facing the direction of the prevailing wind, which varies as a rule from North West to
North East. Should the centre happen to pass over the island there will be a short period of calm
during which the northern side of the building should be opened up and the southern or westerly sides
closed. Very often, however, the hurricane shifts directly from North East to South East with little or
no interval of relative calm, and under such circumstances it is wise to have every window and door
securely fastened.
CHARLESWORTH ROSS,
Acting Administrator.
































ANTIGUA.
Printed at the Government Printing Offaie, Leeward Islands, by E. M. BLACKMAN,
Acting Government Printer.-By Authority.
1950.
[Price 2d.]


[12 October, 1950.


254















1950, No. 5.

RESOLUTION OF THE LEGISLATIVE COUNCIL OF MONTSERRAT,
DATED JULY 28, 1950, MADE UNDER SECTION 15 OF THE
CUSTOMS DUTIES ORDINANCE, 1928 (No. 7/1928).

WHEREAS by section 15 of the Customs Duties Ordi-
nance, 1928, it is provided that the Legislative Council may
.from time to time by resolution increase, reduce, abolish or
otherwise alter the Customs duty leviable on any goods
imported into the Presidency:
AND WHEREAS it is expedient to abolish the Customs
duty on aircraft of airlines designated by the Governor and-
parts and supplies therefore:

BE IT THEREFORE RESOLVED that-
(i) the Customs duty on aircraft, spare parts and
regular aircraft equipment of airlines designated
by the Governor shall be abolished;
(ii) when any of the goods specified in the Schedule
hereto are imported, or taken on board aircraft
for incorporation in, or for consumption or use in
or on, aircraft of an airline designated by the
Governor, the Customs duty leviable on such
goods shall be abolished.
SCHEDULE.
Fuel for internal combustion engines.
Lubricating Oil.
Motor Spirit.
Aircraft Stores.
Passed the Legislative. Council the 28th day of July,
1950.
J. E. T. ROBERTS,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Acting Government Printer.-By Authority.
1950.


.25/00001 -200--10.50.


[Price Id.]




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