Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00055
 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: VID00055
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

Full Text





263


c;. THE\ LEEWARD ISLANDS


GAZETTE

VL |ubhtlietb bT 2 utborit .

VOL. LX-XVIII.- THURSDAY, 26TH OCTOBER, 1950. No. 92.


N o ti c es.


The Governor has been pleased to
appoint Mr. W. E. JACOBS, a Com-
missioner of the Supreme Court of
the Windward Islands and Leeward
Islands for the St. Christopher and
the Nevis Circuits. during such time
as he may be performing the duties
of Crown Attorney of the Presidency
of St. Christopher and Nevis.
Colonial Secretary's Office,
Leeward Islands,
at Antigua.
18th September, 1950.
C.S.O. M.P. 47/[0068.

No. 111.
Appointments and transfers, etc,,
in the public service, with effect from
the dates stated, are published for
general information:-

BRAMBLE, D., to be Junior Clerk,
Public Works Department, Mont-
serrat. Dec. 1, 1949

GILKES, U., to be Junior Clerk
Treasury, Montserrat. Sept. 16
JOSHUA, D., to be Apprentice, Print-
ting Dept. Antigua on probation.
Aug. 1

THOM, J. T., Senior Assistant Teacher,
Secondary School, Montserrat,
Overseas leave November 13 to
March 20, 1951, inclusive.
WEST, P. H., P.O. Cl. II, to be P.O.
Cl. I, Sanitary Inspector, Mont-
serrat. April I
C.S.O. M.P. 13/10042

REGISTRAR GENERAL'S OFFICE,
ANTIGUA.

In accordance with the provisions
of Section 16 of the Marriage Ordi-
nance, 1923, the following Building
has been registered in the Presidency
of Antigua as a building where Banns
of Marriage may be published.
The African Orthodox Evangeli-
cal Church at Green Bay.
Dated this 26th day of October,
1950.
N. A. BERRIDGE,
Registrar- General.
/ "\ f


t.43


In the Court of
Jurisdiction of th
Islands.

NOTICE is hereby g
Honour the Acting Chi
appointed Friday the
November, 1950, at 10
forenoon for a sitting o
the Court House, Bass.
Saint Christopher Circ
the following causes wi


Plaintiff.
Ivan Connor
John Franklyn
David Emanual
Hawley Execu-
tor of will of
Peter C. Hawley
John J. Reynolds
& R. J. Laws
Mary Morton
Samuel Nisbett

Harold Moses
Ryan Adams
Walter Strisiver

Henri Fleming
Henri Fleming
Louis Monplaisir

Rudolph Davis


Johl
Ivan



Sop]


Summary
e Leeward


iven that His
ef Justice has
24th day of
' .


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


o'clock in the NOTICE is hereby given that in
f the Court at pursuance of rules made by the Chief
eterre, in the Justice under Section 16 of the Wind-
uit, at which ward Islands and Leeward Islands
11 be heard:- (Courts) Order-in-Council, 1939, and
duly approved as therein provided on
Defendant. the 16th day of October, A.D. 1941,
n Franklyn His Hfonour the Acting Chief Justice
Connor selected for the sittings of the Court
in Antigua, Saint Christopher, Nevis
and Virgin Islands Circuits has
appointed the day of the month on
hia Hawley which the ensuing Circuit should sit
as follows; that is to say:-


Ivy Brown
Reginald Ible
Vermelita
Heyliger
Ed ward Richard
Margaret James
George A.
Samuels
Henry Reid
Ivan Connor
J. Mitchell
Huggins
George Liburd


D. S. BROOKS,
Registrar.


In the Supreme Court of the
Windward Islands and
Leeward Islands.
A.D. 1950.

NOTICE is hereby given that His
Honour the Acting Chief Justice has
appointed Friday the 24th day of
November, 1950, at 10 o'clock in the
forenoon for a sitting of the Court at
the Court House, Basseterre, in the
Saint Christopher Circuit at which
the following causes or matters will
be heard:-


Plaintiff.
The Church of
Our Lord Jesus
Christ of the
Apostolic Faith
by R. C. Law-
son, Trustee
John Christopher
Gumbs


Defendant.


Henrietta Gumbs

Olive M. Gumbs


D. S. BROOKS,
Registrar.


The Saint Christopher Circuit On
Monday the 20th of November, 1950,
at 10 o'clock in the forenoon.

Dated this 11th day of October,
1950.

D. S. BROOKS,
Registrar.


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


NOTICE is hereby giv-1n that in
pursuance of rules made by Ihe 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 Oclober,
A.D. 1941, His Honour the Puisne
Judge selected for the sittings ofl 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 the forenoon.
At the close of the sessions all
pending civil matters will be heard.
Dated this 3rd day of October,
1950.
D. S. BROOKS,
Registrar.









THE LEEWARD ISLANDS GAZETTE.


[26 October, 1950.


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.

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 do so by the Official
Weather Observer.

The Police Department will also
give whatever assistance they can in
notifying the public in general.

F. V. D. GRIFFITH,

Weather Observer.


RAINFALL FIGURES.

Central Experiment Station,
Antigua.
1947. 1948. 1949 1950.


January
February
March
April
May
June
July
August
September
October 21st


July, 1950.


3'97 2'82 1'50 541
*57 '57 2'07 2'52
"59 1P89 5'52 1"58
'67 '59 3-54 2'44
3'34 2'80 198 20'6
1'49 3-38 3-35 1"66
2-97 1"37 2"10 185
2 50 2'29 6"66 10'71
7'82 3'79 10'92 6'34
236 4'87 4'32 2-20
26 28 2-137 4196 36'77


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 smie 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 limiting system during the storm.

2. Householders possessing a barometer should watch their instrument 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 Anitigua 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, bein
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 norti ern m ide of the building should be opened up and the southern or westerly sides
closed. Very often, however, the hurricane isifts directly from North East to South East with little or
no interval of relative calm, and under jich circumstances it is wise to have every window and door
securely fastened.

CHARLESWORTH ROSS,
Acting Administraor.


264








THE LEEWARD ISLANDS GAZETTE.


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

(APPELLATE JURISDICTION.)
MADE THIBOU Appellant


A. J. BOWERY Respondent.
(1950-No. 8 (Antigua.)
Before: JACKSON, Acting C.J.
1950-August 9, October 19.
E. E. HARNEY for Appellant.
C. A. KELSICK, Crown Attorney, for Respondent.
JACKSON Acting C.J.
The subject of this appeal is the conviction and sentence of the appellant by the learned Magis-
trate for District "A Antigua on a charge of keeping rum for sale by retail without being duly licensed
to sell the same contrary to section 23 of the Licensing Act, 1879, as amended by section 2 of the Licen-
sing Act, 1879, Amendment Ordinance, 1921.
The appellant was fined 50 and in default of payment was adjudged to be imprisoned for 3
months with hard labour. The facts were not disputed; the appeal however raises an interesting point
and the grounds were stated as follows:-
1. That the fine imposed by reason of the said conviction exceeds that which the Magis-
trate has power by law to impose.
2. Any other grounds that may be urged at the hearing of the said appeal.
As respects Ground 1 which really is the only ground, Counsel for Appellant referred to
(I) Section 29, subsections 5 (d) (i) and (iii) of the Magistrate's Code of Procedure Act
Chapter 61.
(d) (i) Every district Magistrate shall have jurisdiction to try summarily and to convict
and sentence all persons charged with committing offences which he is is empowered
"to try summarily by any Act of the Colony or of any Presidency thereof."

(d) (iii) To make and give all such other convictions, sentences, and orders as under any
Act of the Colony or any Presidency he is authorised to make or give and which
may be carried out and enforced by fine or imprisonment in the first instance;"
(II) Section 111 of the same Act.
An adult convicted under this Act shall be liable to be imprisoned with or without
hard labour for a period not exceeding six months or to pay a fine not exceeding twenty
pounds."
(III) Section 11 (2) of the Leeward Islands Act as amended by the Leeward Islands (Amend-
ment) Act 1944.
Subject to the provisions of Section 11 (A) of this Act, any island enactment
relating to any of the subjects named in the preceding section of this Act may at any
time be repealed or altered by the General Legislature, and shall, without any formal
"repeal, be void so far as it is repugnant to any law passed by the General Legislature."
It was contended on behalf of the appellant that the meaning to be attributed to the words
convicted under this Act" is a conviction by virtue of the powers given under Section 29 (d) (i) in the
sense that all summary convictions for any offence contained in any Act would be convictions "under
this Act," Chapter 61; that this is so it was sultmitted w as clear because the Magistrate's Code of Proce-
dure Act, Chapter 61 does not create any offence; it has further in support of that contention been
submitted that the Magistrate is not empowered to impose a fine exceeding 20 inasmuch as other
Federal Acts e.y. the Obeah Act, Chapter 64 Section 7 and the Small Charges Act, Chapter 67 Secti(n 36
(2) provide for the imposition of fines of a st.m greater than 20; that any island legislature conferring
power on a Magistrate to impose a penalty greater than that prescribed by section 111 of the Magistrate's
Code of Procedure Act Chapter 61 would be in terms of Section 11 (2) of the Leeward Islands Act
void as being repugnant to an enactment by the Federal or General Legislature.


26 October, 1950.)








THE LEEWARD ISLANDS GAZETTE.


The words "convicted under this Act" in my opinion presupposes that either there are
offences provide for under thl M igistrate's Code of Procedure Act under consideration and for which
a person could be convicted or that there are offences under other Acts for which the Magistrate is
empowered specifically to convict under this Act. The Legislature must not be made to look absurd
when the words are clear and their meaning does not produce a manifest absurdity; moreover if the
words of an Act admit of two interpretations, they are then not clear; and if one interpretation leads to
an absurdity, and the other does not, the Court will conclude that the Legislature did not intend to lead
to an absurdity and will adopt the other interpretation ( Ihe Queen v ('ty ot Loondon Cour Jud'l/l 1892
1 Q.B. 273 per Lord Esher, JI.R. at p. 290) The construction sought to be put upon these words by
counsel for the appellant appears to offen I against this principle. It is inconceivable that the Legisla-
ture would in its awareness employ this expression "convicted under this Act" to mean a conviction
und r one or more of a number of other Acts; the words here are unambiguous and the conclusion that
a conviction under this Act means what it says and no more is ineluctable. A scrutiny of the Act
reveals that sections 251 and 252 create offences within the definition of the word "offence" in section
3 of the Act and provide a penalty to be imposed, though its maximum is well below i20. On the
other hand Section 51 provides for a person charged indictably with an offence set forth in the second
column of the First Schedule to the said Act to be dealt with summarily and to be convicted under the
said Act Chapter 61, whereas Section 55 provides for the summary trial and conviction under the said
Act on an indictable charge set forth in the first column of the First Schedule to the Act. It is to
convictions such as these Section 111 refers.

Section 105 of the said Act reads

Where he (the Magistrate) is authorized to inflict imprisonment and has not the option
of imposing a fine he may impose a fine not exceeding twenty-five pounds: Provided that
"the amount of the fine so inflicted will not subject the offender in default of payment to
any greater term of imprisonment than that to which he would have been otherwise liable."
If the appellant's contention were sound Section 105 could not have been enacted; for to have section
10.5 in the same Act as section 111, the former enacting that a fine of 25 may be imposed where the
option of imposing a fine is not provided, and the latter prohibiting in any circumstances the imposition
of a fine greater than 20 would be an incongruity which no legislature would -perpetrate.

The history of the legislation amply fortifies the construction I have placed above on the
language of Section 111. As far back as 1873 Magistrates sat in a Court of Quarter sessions which
dealt with indictable matters and they also sat out of sessions to deal summarily witl snme indictable
matters, and with summary convictions and orders of matters falling ordinarily within the category of
summary trials; the duties of the Magistrates in these several capacities were dealt with under separate
Acts; e.(/., Act No. 13 of 1873; intituled An Act to regulate the duties of il i.istrates out of sessions
in relation to persons charged with indictable offences" and Act No. 14 of 1873 intituled An Act
respecting the duties of Magistrates out of Sessions in relation to summary convictions and Orders"
while Act No. 19 of 1873 provided for the trial anl punishment of Juvenile Offenders. An Amend-
ment Act, the MXagistrates' Suinmmary Jurisdiction Act 1888, was passed in that yeir and came into
effect on the 1st March 1889; it sought to combine into a -ingle Act the duties of Magistrates in Act
No. 13 of 1873 a;nd No. 14 of 1873; prior to that as hereinbefore stated an independent Act dealt with
the power of a Magistrate to deal summarily with cases of adults charged with indictable offences; in
section 10 of the 1888 Act the Magistrate may deal sutnnarily with the offence and adjudge such
person, if found guilty of the offence to be imprisoned, with or without hard labour, for anmv term not
exceeding six nmolths, or to pay a fine not exceeding twenty pounds;" the Schedules to the Act which
referred to indictable offences only was intituled Indictable offences which can be dealt with summarily
under thir Act:" Act No. 10 of 18li9 styled An Act to consolidate the law relating to Magistrates but
intituled The M igistrate's Code of Procedure Act 1891 w is passed but in error there was omitted in
the sections providing for the trial of indictable cases summarily the penalty to be imposed in case of
a conviction under the Act by the trial Magistrate. To repair this omission and to correct the error
"The Magistrates' Code of Procedure Act Amendment Act 892 (No. 3 of 1892) was passed and there
was added to Section 1 5 (now Section 11) the words And an adult convicted under this Act shiill be
liable to be imprisoned with or without hard labour for a period not exceeding six months or to pay
a fine not exceeding twenty pounds." As if to emphasis the inadvertent omission the last section of
this Short Ace reads The operation of this Act shall be deemed to have been coincident with the
operation of the Principal Act." A new Schedule was put to this Amendment Act intituled Indict-
able offences which can be dealt with summarily under this Act;" this removes any doubt as to the
true meaning of Section 111.
With regard to the reference to section 11 (2) of the Leeward Islands Act it will suffice to say
that the Licensing Act under which the appellant was convicted is not "an island enactment relating to
any of the subjects named in the preceding section" (Section 10) of the Leeward Islands Act and the
question of repugnancy does not arise; that notwithstanding, the argument was pressed that section 29
subsection 5 (d) (i) was tied to Section 111 and could not therefrom be divorced. Section 29 subsection
5 (d) (i) is in substance a combination of sections 27 and 28 of Act No. 14 of 1873, the latter being


266


[26 OCctober, 1950.








THE LEEWARD ISLANDS GAZETTE.


in force at least nineteen years before the introduction of section 111 into the consolidated Procedure
Act; section 29 sub-section 5 (d) (i) does no more than sections 27 and 28 of the Act No. 1 1 of 1873
did, that is to give jurisdiction sinpliciter to hear try and determine, convict and sentence for offences
on summary trial, and without reference to any particular penalty. If section 111 was intended to limit
the penalty generally in all Acts the Legislature would have said so in clear and unambiguous terms and
not left the meaning to be eked out by a series of strained reasoning.

The Licensing Act was passed in 1879 and has been in force until now; section 111 of the
Magistrate's Procedure Act was then in force and remained in operation ever since, so has the penal
section of the Licensing Act. Courts have acted on this last throughout the years without provocation
and with certainness, and will not now be disturbed.

Counsel objected, although it was not a ground of appeal, that neither in the evidence nor in
the certificate of c )nviction was it mentioned that the offence was committed in the District A ".
Both in the evidence and in the conviction it is stated that the offence was committed at St. John's Street
in the City of St. John's, Antigua. There is only one city of St. John's in Antigua and that is in the
Magistrate's District A and where the Magistrate's Court is. It is always wise to add the name of
the judicial district in evidence for the place may not as in this case be easily identified; any sufficient
words that would clearly place the offence in the judicial district would satisfy the statute. Here it is
clear and the objection is n )t sustained. I may add that it would be better if objections to jurisdictions
are taken in the first insta;: 'e in the court below.

The appeal is dismissed with costs 3 3s. and the conviction and sentence affirmed.

D. E. JACKSON,
Actinij (Chief .iotlire.


Leeward Islands.


MONTSERRAT.

Statement of Investments on 31st December, 1949.


Description of Stock.


100 Ceylon 3}% 195:0

97 Australia 3% 19(65/67

107 Australia 4% 1961/64

1011 New Zealand 3J% 1955/6;0

99- 3% Savings Bonds 1955/65

97 3% Savings Bonds 1960/70

95 3% Savings Bonds 1965/75


Amount of
Stock.

i s. (1.
364 8 10

... 4941 ; 5

... 359 9 0

... 381 16 4

... 1500 0 0
1400 0 0
i


Actual Price.


Market Value
on............19...


4 s. d. V s. d.
384 lS 10 364 8 10


5000 ( 0


4793 1 7


354 1 2 384 12 3

38 11 ( 387 10 10


I 5M()0 ()
140() 0) 0


1492 10 0
1393 0 0


... 1814 18 11 1519 16 1 18250 10 0

... 9396 12 5 9500 0 0 8926 15 10

37158 11 11 37039 17 7 .;...*., 9 4

$j 178361.26 177791.42 172763.84


W. E. JEFFERS,
Accountant.


D. R. WALWYN,
TleLesurer.


Colonial Audit Department,
Leeward Islands.


Examined
J. R. A. McDONALD,
Acting Principal Auditor.
18th August, 1950.
4/00006.


21st June, 195(L


26 OCctobcr7 195)],









THE LEEWARD ISLANDS GAZETTE.


MONTSERRRAT.

SAVINGS BANK.


Revenue and Expenditure Account for the year ended 31st December, 1949.


EXPENDITURE.-

To Interest paid to Depositors
on closed accounts ... 76.42
,, Interest charged on over-
draft in 1947 ... 72.00
,, Expenses of management ... 360.00
,, Interest capitalized and
credited to Sundry Depos-
itors on 31st December,
1949 ... 4068.21


457.63



4576.63


INCOME.

By Interest on Investments ...

,, Sale of Pass Book

Deficit
(Charged to Presidential
Revenue)


Account of Deposits and Withdrawals for the year ended 31st December, 1949.


To Balance to credit of
Depositors on 1st
January, 1949'
,, Deposits received
Interest credited to
Depositors


To depreciation of
Investments


To Depreciation of
Investment


By Withdrawals
,, Balance to credit of
.. 163905.28
... 96715.62 Depositors

4144.63 264765.53 ,, Sale of Pass Books



Investment Adjustment Account


9320.12 By Investments Accounts


Reserve Account


9320.12


By Balance on 1.1.49
9320.12 ,, ,, ,, 31.12.49


Balance Sheet on 31st December, 1949.


LIABILITIES.


To Depositors Account


... 206572


,, Cashier


A

By Investment at Market
.61 Value
,, Montserrat Treasury
.04 206572.65 ,, Reserve Account


. 58192.44


... 206572.61

... 48 264765.53


9320.12


... 7212.90
... 2107.22




ASSETS.


... 172763.84
... 31701.59
... 2107.22


9320.12


206572.65


There is a contingent liability amounting to $843.43 in respect of outstanding aggregate of amounts paid
in past years from the Revenue of the Presidency to meet deficit on Revenue and Expenditure Account.


W. E. JEFFERS,
Accountant.


Colonial Audit Department,
Leeward Islands.


D. R. WALWYN,
Treasurer.
21st June, 1950.


Examined
J. R. A. McDONALD,
Acting Principal Auditor.
18th August, 1950.
000oooo.








ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E. M. BLACKMAN,
Acting Government Printer.-By Authority.
1950.


[Price 2d.]


4294.96

.48

281.19


4576.63


268


[26 October, 1950.




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