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Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00077
 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: VID00077
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

Table of Contents
    Main
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
    Montserrat - Ordinance, No. 9 of 1950: Appropriation (1951) Ordinance, 1950
        Page A-1
        Page A-2
    Montserrat - Ordinance, No. 1 of 1951: Denominational School Teachers Pension (Amendment) Ordinance, 1950
        Page B-1
        Page B-2
    Montserrat - Ordinance, No. 2 of 1951: General Loan and Stock Ordinance, 1950
        Page C-1
        Page C-2
        Page C-3
        Page C-4
        Page C-5
        Page C-6
        Page C-7
        Page C-8
        Page C-9
        Page C-10
        Page C-11
        Page C-12
    Montserrat - Ordinance, No. 3 of 1951: Aid to Pioneer Industries Ordinance, 1950
        Page D-1
        Page D-2
        Page D-3
        Page D-4
        Page D-5
        Page D-6
        Page D-7
        Page D-8
        Page D-9
        Page D-10
        Page D-11
    Antigua - Statutory Rules and Orders, No. 1 of 1951: Ports of Entry (English Harbour) Order, 1951
        Page E-1
Full Text









WARD ISLANDS


AZETTE


\VOL. LXXbXe b, lTH Atorit1.
VOL. LXXVIX. THURSDAY, 11TH JANUARY, 1951.


Notices.

K. W. BLACKBURNE,
Governor.
By His Excellency KENNETH
WILLIAM BLACKBURNE,
Esquire, a Companion of the
Most Distinguished Order of
[L.S.] Saint Michael and Saint
George, an Officer of the
Most Excellent Order of the
British Empire, Governor
and Commander in Chief in
and over the Colony of the
Leeward Islands and Vice
Admiral of the same:
To:
The Honourable PATRICK DONALD
MACDONALD, Colonial Secretary
of the Leeward Islands.
GREETING:
BY VIRTUE of the power and
authority in me vested by the Letters
Patent bearing date at Wcstminster
the 17th day of November, 1936, as
amended by the Letters Patent of the
28th day of December, 1939, and the
12th day of July, 1943, I DO by this
Instrument under the Public Seal of
the Colony of the Leeward Islands
appoint yo u, PATRICK DONALD
MACDONALD, to be my Deputy within
the Leeward Islands during my ab-
sence from the Island of Antigua on
a visit to one of the other Presidencies
within the Leeward Islands on or
about the 7th day of January, 1951,
and in that capacity during my
pleasure and should the necessity
arise for so doing, to exercise, per-
form and execute on my behalf
throughout the Colony all powers
and authorities by the said Letters
Patent vested in the Governor subject
nevertheless to all such instructions
as the Governor shall from time to
time address to you, the said
PATRICK DONALD MACDONALD, for
your guidance.
And I do hereby command all and
singular His Majesty's Officers and
loving subjects in the said Col-
ony, and all others whom it may
concern to take due notice hereof, and
to govern themselves accordingly.
Dated at the Government House,
Antigua, this 5th day of January,
1951.
Instrumen i appointing-
The Honourable
Patrick Donald Macdonald, to
he Governor's Deputy in cer-
tain event.
Re. No. 13/00061.





_.&rl A


His Excellency has granted to the
Hon. J. C. WOODING, K.C., Attorney
General, ten months overseas leave
from the 10th January to the 15th
September, 1951, inclusive.

Consequent on the above, the Hon.
R. H. LOCKHART, Crown Attorney,
Montserrat, will act as Attorney
General during such period of leave.

Colonial Secretary's Office.
Leeward Islands,
at Antigua.
10th January, 1951.
C.S.O. M.P. P.F.L. 39.


Milk Production Order, 1950.
Under the provisions of the above
Order the Inspector has granted a
licence to JOSEPH DEW & Son, Ltd.,
in respect of Belmont Dairy for the
year 1951.

Adininishrator's Ofticc,
A tiq n a.
6fh J1mtn ry, 1951.

Ref. A. 4021.

The Administrator has been pleased
to re-appoint the following gentlemen
to be visiting Jnstices of the Antigua
Prison for the year 1951.

S. L. ATHILL, Esq., I.S.O., J.P.
(Chairman)
R. H. B. NANTON, Esq., J.P.
Lt. Col. J. R. A. BRANCH, M.B.E.,
J.P.
J. L. E. JEFFREY, Esq., O.B.E.,J.P,
W. L. MAGUIRE. Esq., J.P.
J. ROWAN HENRY, Esq., J.P.
N. A. BERRIDGE, Esq., J.P.

Administrator's Office,
Antigua.
5th January, 1951.
Ref. No. 212.

The Administrator of Antigua has
been pleased to re-appoint the Rev.
HUGH A. KING and the Hon. E. E.
WILLIAMS to be members of the
Country Board of Health of the Presi-
dency of Antigna, for a period of one
year from the 1st January, 1951.

Administrator's Office,
Antigua.
6th January, 1951.
M.P. No. A. 419.


No. 4.

The Governor has been pleased this
day to assent to the following Ordi-
nances of the Legislature of Mont-
serrat:-

No. 1 of 1951 The Denomination-
al School Teachers Pension (Amend.
ment) Ordinance, 1950."
No. 2 of 1951 "The General Loan
and Stock Ordinance, 1950."

No. 3 of 1951 "The Aid to Pioneer
Industries Ordinance, 1950."
January 5.


No. 5.

The following Ordinances and
Statutory Rule and Order are cir-
culated with this Gazette and form
part thereof:-_

ORDINANCES.

ontserr),t.
No. 9 of 1950, The Appropriation
(1951) Ordinance, 1950."

No. 1 of 1951, "The Denomi-
national School Teachers Pension
(Amendment) Ordinance, 1950."

No. 2 of 1951, The General Loan
and Stock Ordinance, 1950."

No. 3 of 1951, The Aid to Pioneer
Industries Ordinance, 1950."

STATUTORY RULE & ORDER.

Antigua.
No. 1 of 1951, The Ports of Entry
(English Harbour) Order, 1951."


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

Notice is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward Is-
lands (Courts) Order in Council, 1939,
and duly approved as therein provided
on the 16th day of October, A.D. 1941,
His Honour the Acting Chief Justice
selected for the sitting of the Court in
the Antigua Circuit has appointed the
day of the month on which the ensn-


No. 5.









THE LEEWARD ISLANDS GAZETTE.


ing Circuit Court shall sit as follows,
that is to say:-
The Antigua Circuit on Wednesday
the 24th day of January, 1951, at 10
o'clock in the forenoon.

Dated the 14th day of December,
1950.
N. A. BERRIDGE,
Registrar.

REGISTRY OF THE SUPREME COURT.
28th December, 1950.

NOTICE IS HEREBY GIVEN that
there will be a sitting of the Appeal
Court of the Windward Islands and
Leeward Islands held at the Court
House in the City of Saint John's in
the island of Antigua on Monday the
29th day of January, 1951, at 10
o'clock in the forenoon for the pur-
pose of hearing the undermentioned
appeal.

All parties to the said appeal are
required to take notice hereof.


Appellant.


Respondent.


Maude Thibou Arthur J. Bowry
Asst. Supt. of
Police.
N. A. BERRIDGE,
Registrar of the Appeal
Court of the IVindward
Islands and Leeward
Islands Antigua Circuit.

TRADE MARKS OFFICE,

ANTIGUA, 14th December, 1950.
KEYSTONE KNITTING MILLS
(1928) LIMITED, of Elstree, Hert-


fordshire, England, have applied for
Registration of one Trade Mark con-
sisting of the following:-

KEYSTONE

in Class 38 that is to say, stockings,
socks and underwear for women and
girls and men and boys and other
complete articles of clothing for
women and girls.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for about
twenty-eight years before the date
of their said Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to regis-
tration of the said Trade Mark.

N. A. BERRIDGE,
Registrar of Trade Marks.



Publications issued from the

Government Printing Office,

Leeward Islands.


ACTS.
Leeward Islands.


No. 13 of 1950, The Appropria-
tion (1951) Act, 1950".
3 pp. Price Id.

ORDINANCES.

Antigua.
No.'11 of 1950, "The Motor Vehi-
cles Insurance (Third-Party Risks)
Ordinance, 1950 ". 15 pp. Price 4d.

No. 12 of 1950, "The Rent Restric-
tion (Amendment) Ordinance, 1950".
2 pp. Price ld.

No. 13 of 1950, "The Town and
Country Planning (Amendment) Ordi-
nance, 1950 ". 2 pp. Price Id.

No. 14 of 1950, The Appropriation
(1951) Ordinance, 1950 ".
2 pp. Price ld.

STATUTORY RULE & ORDER.

General Government.

No. 39 of 1950, "The Pensions
(Amendment) Regulations, 1950".
1 pp. Price Id.


RAINFALL FIGURES.
Central Experiment Station,

Antigua.


No. 12 of 1950, "The Supplemen-
tary Appropriation (1949) Act. 1950". 1947. 1948. 1949. 1950. 1951.
2 pp. Price ld. January 6 %83 1"66 "27 '75 "32


[11 January, 1951.









THE LEEWARD ISLANDS GAZETTE.


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

(ANTIGUA CIRCUIT.)

ASOT ANTHONY MICHAEL, Plain
V.

LUCILLE HECTOR BROWNE, Widow Dfenda
(1946-No. 6, Antigua.)

Before: JACKSON, Acting C.J.

1950-May 25, 26, August 29; 1951-January 8.
M. H. DAVIS for the plaintiff.

E. E. HARNEY for the defendant.


JACKSON Acting C.J.
Plaintiff's claim is for specific performance of an
oral agreement alleged to be entered into between plaintiff
and defendant in the United States of America on or
about the 6th August 1945 in respect of "certain lands
and premises in the City of St. John's, Antigua.
Plaintiff is a British citizen who lives in St. John's,
Antigua: defendant once lived in Antigua and owns real
property there; she at all times material in this case lived
in the United States of America. In the year 1945 she
owned and she still owns certain lands and premises
known as the Bargain House" situate in Redcliffe
Street, St. John's, Antigua: that is the only property she
owned in Antigua.

The defence denies the oral agreement and states in
effect that even if there had been agreement Section 4 of
the Statute of Frauds had not been complied with.
On the 27th of June, 1944, the defendant executed
in New York, United States of America, a power of
attorney in favour (,f Mr. S. T. Christian, Barrister-at-law,
practising as a solicitor in these islands to manage her
affairs as is more particularly stated in the power, in
respect of the said Bargain House premises. This power
omits any authority to sell or to conclude any arrange-
ments for the sale of these premises. Mr. Christian who
gave evidence said that a power of sale was specifically
left out of the instrument by the defendant and that he
had no power even to lease the premises for any period
beyond two years: his letter to defendant S.T.C. 2 of the
10th October 1944 hears this out. Several letters passed
between him and the defendant and these will be dealt
with later. Mr. Christian said that he had always been
solicitor to tlhe plaintiff which fact he had communicated
to the defendant and which she well knew; that although
he had no standing retainer from the plaintiff that a year
never passed without his having some work to do for him.
Mr. Christian further stated that he had seen the defend-
ant in New York in 1944 and that was the time the
subject matter of the power of attorney was discussed.
He said he never discussed any legal work whatsoever
and his only duty was that of an agent as anyone else
could have been for the purposes set out in the power of
attorney. He said he did write to her in respect of her
title deeds, but he did that as he was interested in seeing
that his client the plaintiff got a clear title. In answer to
counsel for the defence Mr. Christian said he and the
plaintiff had been discussing the question of the purchase
of the property for several months and it was a long time
after that he wrote to the defendant about title deeds.
Plaintiff's story is that on the 6th of August, 1945,
while he was in New York, U.S.A.; he spoke to the
defendant on the telephone asking whether she was
interested in selling the Bargain House and that if she was,
he would call and see her. She replied in the affirmative
and as a result he went to her house in New York on that
same day; that after a long discussion she agreed to sell


the property to him for five thousand dollars ($5000)
United States currency. He informed her that Mr.
Christian was his lawyer and that he would like her to
cable him immediately letting him know that she had
closed the sale with him; she agreed and wrote a telegram
at plaintiff's dictation. The telegram is in evidence as
S.T.C. 7 and the text is: Hon. Sydney Christian St.
John's Antigua. Seen Michael. Deal closed. Five
thousand dollars (.',,ii",. Document follows by air.
LUCILLE BROWN."

It would appear that two days after on or about the
8th of August the defendant repented of her bargain and
telephoned to the Plaintiff saying that she had since got
an offer of six thousand dollars ($6000-00) and that she
was no longer willing to carry out her contract with him.
Defendant, however, on the 7th of August telegraphed
Mr. Christian in these terms: Ignore previous (able
Union preferred" and on the 20th of August 1945 she
telegralphl( again to himi Sal.' to Union preferable."
This was followed by another telegram from her Desire
to sell property to Union please prepare papers accord-
ingly. Accept retainer at once."

The plaintiff has said that he was at all times ready
and willing to perform the terms of the contract and that
he never agreed to relinquish same.

The question was raised as to the admissibility of the
telegrams and several of the letters produced on the
ground that the communications from the defendant to
Mr. Christian were communications between solicitor
and client and therefore privileged. Whatever may be
the conclusions reached as to the admissibility of the
several documents, it does not seem open to question that
the document S. T. C. 7 is clearly admissible, to put it as
favourably as possible for the defendant, as at the
moment of its despatch, the least that could be said is
that Mr. Christian was then acting for both plaintiff and
defendant in a non-contentious matter.
It is fair to state that counsel for defence conceded
that the telegram S.T.C. 7 in the circumstances by the
evidence adduced by plaintiff should be admitted if the
circumstances to which he deposed be believed. Counsel
however, further submitted that although the telegram
may be said to be sent to Mr. Christian in a joint capacity
that the letters were not in that capacity and should be
excluded. In reply plaintiff's counsel claimed admis-
sibility for the undated letter S.T.C. 13 which followed
the telegram of August 6th S.T.C. 7 and that of August
7th S.T.C. 8. He also is in accord with the submission
of defendant's counsel who said "When defendant
becomes aware, if at any time she did, that Mr. Christian
was acting for plaintiff then correspondence thereafter
in relation to the transaction would be admissible" and
he urged that the defendant at the time of writing the
letter S.T.C. 13 must have had that awareness, not to let
alone the fact that she must have known that the


ti.


int.


. iary, 19 5 1. 1








THE LEEWARD ISLANDS GAZETTE.


contents would have been communicated to the plaintiff.
In fact the letter S.T.C. 13 is an explanation of the
telegram. I do not consider it necessary to set out all
the corresp n lence in full; I set out Mr. Christian's letter
S.T.C. 4 of the 31st May 1945 to defendant and defendant's
letter of the 17th July 1945 to him:


Mrs. Lucille Hector Brown,
108-16 Pinegrove Street,
Jamaica, Long Island, N.Y.


Chambers,
St. John's,
Antigua, B.W.I.
31st May, 1945.


Dear Mrs. Brown:

I have received an offer of 1,000 for the
Bargain House, provided a clear title can be obtained.
If you are at all interested kindly send me a cable as
follows: "Interested". The intended purchaser
may be travelling to the States soon, and if I get
your cable I will instruct him to call to see you, and
you may be able to close with him during the period
of his visit, and make arrangements for payment.

Please act promptly if at all interested. I will
write soon in answer to your letter.

Very truly yours,


STC:FMC


(Sd.) S. T. CHRISTIAN.


July 17th 1945,
108-16 Pinegrove St.
Dear Mr. Christian

I have received your in which you mentioned
your client Mr. Michael. I had a letter from him on
the 16th (July); he said he would be detained in
Rochester a little longer than he expected but hope
to see within three weeks from date; he mentioned
his generous offer of 1,000, but I wrote to tell him
that I had a bett-r offer but was held up because you
had not furthered the papers which I asked you to.
I told him you seemed rather anxious for him to
procure the property and that's why you were slow
in sending me the papers, anyway I shall be await-
ing his visit to see if we cant reach an amicable
agreement.

To tell you the truth Mr. Christian, the price
that learnt properties are being sold for down there
at this present time I expected at least about 1,4I:3.
You may make the necessary procedure for I am
sure he will agree to pay me a little more than what
he has already offered; he asked me to get in touch
with you immediately after receiving his letter and
so I have done.

I trust that everything will work out satisfac-
torily.
Sincerely yours,

(Sd.) LUCILLE H. BROWN.
P.S. My nephew is with me he arrived safely.

I accept the evidence of Mr. Christian in regard to
the transactions in relation to the property and I find
that the references to my client in Mr. Christian's letter
S.T.C. 5 of the 26th of June 1945 to defendant and also
" your client in defendant's letter S.T.C. 14 of the 17th
of July 1945 are to the plaintiff. These letters along
with the undated letter S.T.C. 13 and the telegram
S.T.C. 7 are admissilde in evidence so also are the
telegrams S.T.C. 8 of the 7th of August 1945, S.T.C. 10
of the 20th of August. I should also refer to the letter
A.A.M. 1 of 13th July 1945 from plaintiff to defendant
in which plaintiff referred to Mr. Christian as "your
lawyer ". These documents along with the evidence of
the plaintiff establish without doubt the contract made


[11 January, 1951.


between plaintiff and defendant and the documents con-
stitute a sufficient compliance with the Statute of Frauds.
I find that the contract has been proved; and in tile light
of the evidence there has been a breach. Thfl defence
led no evidence but relies purely on its legal position.

At a late stage in the trial the plaintiff testiedl that
he was buying the property for a brother-in-law who
lives in Guadeloupe but who has his home in Paris and
that the brother-in-law is married to his sister who is
still of British nationality and travels on a British pass-
port. This brother-in-law is a native of Lebanon and
does not possess a licence to hold land in this island.
Plaintiff said that he had told defendant that he was
buying for his brother-in-law. I can find no support
for. the statement, that the defendant was aware that
plaintiff was acting either as agent for a disclosed or for an
undisclosed principal and I cannot feel any confidence
in the statement that that fact had been made known to
the defendant even though I am not in a position to
reject plaintiff's testimony that the property was intend-
ed for his sister or his brother-in-law. In any event,
however, whatever the true position may be the plaintiff
is nevertheless entitled to sue on his own as a principal
or to be sued as such in respect of the contract.

If the statement of the defendant were to be accept-
ed in its entirety the question as to whether the
memorandum was sufficient to satisfy the Statute of
Frauds must be examined. This question received
attention in the case of Basnma v. Weeks 1950 2 A.E.R.
146 and I quote from the judgment of the Board in that
case at page 150 as follows: In Higgins v. Senior
(1841), 8 M. and W. 834; 151 E.R. 1278; there was an
agreement in writing for the sale of goods above the
value of 10, which purported on the face of it to be
made by the defendant and was subscribed by him, but
the defendant sought to avoid liability by proving that
be made the agreement as agent for a third person and
that this was known at the time to the plaintiff. It was
held that this did not enable the defendant to escape
liability. PAIKE, B., in delivering the judgment of the
court, stated the principle as follows (8 M. & WI.844):

"Thtere is no doubt that where such an agreement
is made, it is competent to show that one or both of the
contracting parties were agents for other persons, and
acted as such agents in making the contract, so as to
give the benefit of the contract on the one hand to, and
charge with liability on the other, the unnamed prin-
cipals: and this, whether the agreement he or be not
required to be in writing by the Statute of Frauds: ant
this evidence in no way contradicts the written agree-
ment. It does not deny that it is binding on those
whom, on the face of it, it purports to bind; but shows
that it also binds another, by reason that the act of the
agent, in signing the agreement in pursuance of his
authority is in law the act of the principal.
........................................... ... ...... ....................

The circumstances in Smith-Bird's case (1939)
2 A.E.I. 406 were that the defendant wished to sell two
houses, that a certain Mr. Brown, who had been
authorised by the plaintiffs to buy the houses, was
introduced to the defendant and after some negotiation
agreed to buy the houses for 510, and that the
document relied on as a memorandum of this agreement
contained nothing to indicate that the plaintiffs were
the purchasers or that Mr. Brown was acting otherwise
than on his own behalf. LUXMOORE, L.J., having held
that there was an oral contract to sell the houses, said
((1939) 2 All E.R. 407):

"............the further question arises whether there
is a sufficient memorandum of that contract to cnmply
with the requirements of tile statute. In this connection,
it is necessary to determine whether the defendant was
aware that Mr. Brown was acting as agent only, and not
as principal, for, if the defendant knew that Mr. Brown
was only an anent, the memorandum, in order to comply
with the status ory requirements, must either contain the
names of the plaintiffs as principals or otherwise identify










THE LEEWARD ISLANDS GAZETTE.


them, whereas, if the defendant was not aware of the fact
that Mr. Brown was acting as agent for anyone, but con-
sidered that Mr. Brown w-s contracting on his own
behalf, the position is different, and the plaintiffs as
undisclosed principals can rely on any sufficient memo-
randum in which Mr. Brown's name appears as principal,
although there is no reference therein to the plaintiffs."

Next comes the question, can specific performance
be decreed? The evidence establishes that damages
would not )le sufficient remedy. Proof has been given
by the defence that during the tendency of this action
the defendant sold and conveyed a part of the Bargain
House premises to one Cox Coates, the deed evidencing
conveyance bears the date 27th of January, 1947, and was
registered in the registry as No. 902 of 1947 on the 3rd
of February 1947. There is no satisfactory evidence to
enable me to conclude that the purchaser, Cox Coates,
was a purchaser with knowledge of the pending dispute.
He paid 72 18. 4. ($350.00). Can specific performance
of the contract he ordered when the whole of the prop-
erty contracted to be sold cannot be conveyed? The case
of Basma v. lW akcs and otlhos 1950 2 A.E.R. 146; 1950
W.N. 250 is also in point: here three defendants had
contracted to sell to the Plaintiff-Appellant two houses
which they held as tenants-in-common. It was contended
that a purchaser cold not maintain an action for specific
performance of an agreement to the extent of the interest
of two defendants with an abatement of a portion of the
purchase price in respect of the interest of one of the
defendants who c)uld not properly have contracted.
This contention was rejected by the Privy Council and
Lord REID in delivering the judgment of the Board at
page 152 expressed himself thus: '' The other question in
this appeal is whether the appellant is entitled to have
specific performance of a part of his contract. He agreed
to buy two houses which were owned by the first, second
and third respondents as tenants in common. He cannot
enforce this contract against the first respondent because
she had no power to make the contract. Can he enforce
it against the second and third respondents so as to
require conveyance to him of the two one-third shares
which belonged to these respondents? Cases have not
infrequently arisen where a single vendor has been
unable to give a good title to all that he has contracted to
sell. The general rule in such a case has been stated by
Lord ST. LEONARDS thus (Sudgen on Vendors and Pur-
chasers, 14th ed., p,. 317, and p. 316):

".........a purchaser generally, although not univer-
sally, may take what he can get, with compensation for
what he cannot have............ In regard to the limits of
the rule, that a purchaser may elect to take the part to
which a title can be made at a proportionate price, it has
not been determined whether under any circumstances of
deterioration to the remaining property, the vendor could
be exempted from the obligation of conveying that part
to which a title could be made; hut the proposition is
untenable, that if there is a considerable part to which no
title could be made, the vendor was therefore exempted
from the necessity of conveying any part."

In the present case there are three vendors. One
of them cannot convey her interests, but there is nothing
to prevent the conveyance of :he interest which belonged
to the others. This type of case is less common, but one
example is Horrocks ?'. Righy (1878) 9 Ch. D. 180 where
two persons agreed to sell a public house and it was
found on investigation that one of them had po interest
in it, but that a moiety belonged to the other. In an action
by the purchaser against the latter vendor for specific
performance, FRY, J., said (9 Ch. D. 182):


I think that where an agreement is entered into by
A and B with C and it afterwards appears that B has no
interest in the property, A may nevertheless be compelled
to convey his interest to C. I should have come to that
conclusion upon principle, for 1 do not see why a pur-
chaser is to lose his right against a vendor who can
complete, because from a circumstance of which the
purchaser had no knowledge, he has no right against
persons who cannot complete. But I am very much
fortified in that conclusion by a passage in the junlgmient
of Lord HARDWICKE in A.-G. v. Day 1 Ves. Sen. 218;
27 E.R. 992."

Plaintiff's counsel asked that specific performance
of the contract be decreed but that the purchase price of
$5000 in American Currency should stand at the rate in
respect of English money as it was at the date of the
contract; no sufficient authority was supplied to support
this request. Plaintiff has himself sought that the con-
tract le enforced; that payment should be made in
American Currency was an integral part of the contract;
any attempt to remove or vary that could be likened to
the removal of the coping stone which keeps a main arch
in position.

The Court must however not make an order which
cannot be carried out. The financial regulations appli-
cable to this colony require permission to he obtained
before any substantial sums of money may be sent out of
the colony to the United States of America; the plaintiff
has not yet received such permission nor has he supplied
any evidence that he has sought it. It emerges however
that this money will be supplied by his brother-in-law
and may be for the benefit of his wife, plaintiff's sister,
who is still of British Nationality. While as is stated
above I cannot find that the defendant had any knowledge
that plaintiff was contracting as agent for an undisclosed

or for a disclosed principal I cannot justifiably make a
positive finding that the property sought to be purchased
was or was not for the benefit of plaintiff or of his sister
or of his brother-in-law, the documentary evidence
clearly shows plaintiff contracted as principal. If how-
ever the money is being supplied by the plaintiff's
brother-in-law in any of the circumstances, I do not in
the absence of fraud, see in this act an avoidance of the
colony's financial regulations. Whether or not the
plaintiff will be holding in trust for his brother-in-law is
not a matter for the Court at this stage.

The plaintiff is entitled to specific performance of
the contract in respect of the premises save and except
that portion already conveyed to Cox Coates on the 27th
January 1947 and registered as No. 902 of 1947 on the
3rd February 1947: and I so order; the obligation of the
plaintiff to pay $5000 U.S. Currency to be diminished by
72 18s. 4d. the amount paid to defendant by Cox
Coates; upon receipt of the sum due by the plaintiff, the
defendant to convey the Bargain House premises to the
plaintiff, each bearing the cost of conveyance equally,
upon failure of the defendant to execute the conveyance
the Registrar shall, upon proof being made to his satisfac-
tion that the sum due by the plaintiff was duly paid,
convey, at the expense of the plaintiff who shall be
entitled to recover a moiety from the defendant, to the
plaintiff the said Bargain House premises.

The plaintiff shall have his costs of the action against
the defendant.

D. E. JACKSON.
8th January, 1951.


11 January, 1951]








THE LEEWARD ISLANDS GAZETTE.


Notice.



REGISTRAR'S OFFICE,
ANTIGUA, B.W.I.,
6th January, 1951.

Medical Act, 1937.
Pursuant to Section 12 (4) of the Medical Act, 1937, the following registration is hereby notified.
CHEMIST AND DRUGGIST.


Name. Qualification. Date Registered. Registration No.


Soanes, George ... ... 15th August, 1950 6th January, 1951 152


N. A. BERRIDGE,
Registrar.


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


ANTIGUA CIRCUIT.
A.D. 1950.

Notice is hereby given that His Honour the Acting Chief Justice has appointed the undermentioned dates
for sittings of the Court at which the following causes or matters will be heard:-


Plaintiff.

Clement De Silva

Colonial Minerals Ltd.

Calistus Joaquim

William Martin
(as executor of the will of Arthur
Dickenson, deceased)


Appellant.

W. L. Maguire


Defendant.

The Antigua Distillery Ltd.

Joseph Dew & Son Ltd.

Lawrence Gonsalves

Dennis Dickenson


APPEALS.

Respondent.

Stanley Walter


Date.

15th January, 1951

18th January, 1951

22nd January, 1951

22nd January, 1951



Date.

12th January, 1951


Dated this 29th day of December, 1950.

N. A. BERRIDGE,
Registrar.


(In substitution for Notice previously published.)










ANTIGUA.
Printed,at the Government Printing Office, Leeward Islands, by E. M. BLACKMAN,
Government Printer.-By Authority.
1951.d.]
[Price 11d.]


[11 January, 1951.







Appropriation (1951).


[L.S.]
I ASSENT.
K. W. BLACKBUINE,
Governor.
28th December, 1950.

MONTSERRAT.
No. 9 of 1950.
An Ordinance to provide for the services of the
Presidency of Montserrat for the year ending
the 31st December, 1951.
BE IT ORDAINED by the Governor and
Legislative Council of Montserrat as follows:-
1. This Ordinance may be cited for all pur- Short title,
poses as the Appropriation (1951) Ordinance, 1950.
2. There shall be and there is hereby granted Appropriation
to His Majesty the King for the service of the
Presidency of Montserrat for and during the period
from the 1st January to 31st December, 1951,
inclusive, the sum of nine hundred and twenty
thousand and seventy-one dollars, over and above
the sums granted and provided under the Acts and
Ordinances in force in the Colony and this Presi-
dency, to be applied and expended in the manner
and for the services set forth in the Schedule
hereto.
3. The sum of nine hundred and twenty Sums charged
thousand aid seventy-one dollars shall be and the n General
Revenue.
same is hereby declared to be charged upon and
made payable from and out of the General
Revenue and other funds of the Presidency.
4. The Treasurer of the said Presidency is Payments
hereby authorised and required from time to time how made.
upon the order or warrant of the Governor to pay
the several sums appropriated by and in the said
Schedule to the several services therein mentioned
as the said order or warrant shall direct, out of
the General Revenue and other funds of the said
Presidency without further order or formality.

CHARLESWORTH RosS,
President.


No. 9 of 1950.


MONTSERRAT.









Appropriation 1951).


Passed the Legislative Council this 19th day
of December, 1950.

J. E. T. ROBERTS,
(

SCHEDULE.


Head.


Service.


Amount.


1. Charges on Account of Public Debt
2. Pensions
3. Federal Contribution
4. Administration
5. Labour
6. Treasury and Customs
7. Agriculture
8. Water
9. Legal
10. Police
11. Prison
12. Medical and Health
13. Hospital
14. Education
15. Judicial
16. Municipal
19. Public Library
20. Supply Office
21. Military
22. Miscellaneous
23. Post Office and Telephones
24. Public Works Department
25. Public Works Annually Recurrent
21. Public Works Extraordinary
27. Otway Settlement

Total

28. Development & Welfare Granls

Total


... 2796
... 12648
... 49023
... 19240
... 500
18613
... 155706
S 4723;
... 4649
... 10558
... 14509
... 19744
... 63240
... 92086
... 5553
... 8025
... 1389
... 2420
2410
... 13555
... 21726
12409
... 55848
... 6168
... 62720

... 6t0319

... 259753

.. 920071


ANTIGUA.
Printed at the Gover:nent Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
1951


No. 9 of 1950.


MONTSERRAT.


47/00097-200-1.51.


)[Price Id.







No. 1 of 1951. Denominationai S"chool TePachers MONTSERIAT.
Pension (Amendment).


I ASSENT,
(. W. BLACKBIURNE,
Governor.
5th January, 1951.

MONTHS ERRA T.

No. 1 of 1951.

An Ordinance tc amend further the Denominationai
School Teachers Pension Ordinance. 1930.

BE IT ORDAINED by the Governor and
Legislative Council of Montserrat as follows:-

1. This Ordinance may he cited as the Short title.
Denominational School Teachers Pension (Amend-
ment) Ordinance, 1950.

The Denominational School Teachers Pension 8/1:90.
Ordinance, 1930, as amended, is hereinafter called I:
the Principal Ordinance.

2. Section 5 of the Principal Ordinance is Section a of
hereby repealed and replaced as follows:-- Prinpale
repealed and
replaced.
"5. Subject to the provisions of this Pension to
Ordinance every teacher in the Presidency whomand at
what rates to
who has served as a teacher for ten years or be granted.
more, may be granted on retirement a pension
at the annual rate of one six-hundredth of his
salary for each complete month of such
service.

3. Section 6 oF the Principal Ordinance is Section 6 of
hereby repealed and replaced as follows:- Orinance
repealed and
replaced.
6. Every teacher otherwise qualified for Gratuities.
a pension who lias not completed ten years'
service in the Presidency as a teacher may be
granted on retirement a gratuity nol exceeding








MONTSERRAT. 2


Denomination, School Teachers No. 1 of 1951.
Pension (Amendment).


five times the annual amount of the pension
which if there had been no qualifying period
might have been granted to him under section
5 of this Ordinance."

CHIARLESWORTH ROSS,
President.

Passed the Legislative Council this 20th day
of December, 1950.

J. E. T. ROBERTS,
Clerk of the Council.


































ANTIGUA,
Printed at the Government Printing Office. Leeward Islaudn.
by E M. BLACKMAN, Government Printer.-By Authority.
1951.


200--1.51.


rPrice ld.]







General Loan and Stock.


[L.S.]
I ASSENT,
K. \. BLACKBUINE,
Governor.
5th January, 1951.

MONTSERRAT.

No. 2 of 1951.
An Ordinance to dechlre the terms and conditions
applicable to loans authorized to be raised by
the Government of Montserrat and to provide
for the creation of Montserrat Stock.
WHEREA S it is expedient to define in one Preamble.
Ordinance the terms and conditions applicable to
loans hereinafter authorized to be raised by the
Legislature of the Presidency:
AND \\ HEREAS it is expedient to provide
for the creation of Montserrat stock and to enable
the Presidency to take advantage of the provisions
of the Acts of the Imperial Parliament entitled the
Colonial Stocks Acts, 1877 to 1948, and any Act
amending the same:
BE IT ORDAINED by the Governor and
Legislative Council of Montserrat as follows:-
1. This Ordinance may be cited as the Short titl..
General Loan and Stock Ordinance, 1950.

2. In this Ordinance, unless the context Interpreta-
otherwise requires- tion.
the expression "Crown Agents" means the
persons for the time being acting as
Crown Agents for the Colonies in
Engiland, or any of them;
the expression dollars means dollars in the
currency of the Colony of the Leeward
Islands;
the expression "stock" includes both in-
scribed and registered stock;
the expression "registered stock" means
stock transferable by instrument in
writing.


N~o. 2 of1 195 1.


MONTSERRAT.








MONTSERRAT. 2 General Loan and Stock.


Loans to be
raised by
debentures or
stock.







Loans to be a
charge upon
general reve-
nue.




Borrowing
upon deben-
tures.







Amount of
ea2h debenture.


3. Whenever by any Ordinance authority
shall have been given, or shall hereafter be given,
to raise any sum of money for the purposes
mentioned in such Ordinance, the Governor, or
the Crown Agents acting on his behalf, may from
time to time, as he or they may deem expedient,
raise such sum either by debentures or by stock,
or partly by debentures and partly by stock.

4. The principal moneys and interest
represented by debentures or stock issued under
the provisions of this Ordinance are hereby
charged upon and shall be payable out of the
general revenues and assets of the Presidency.

5. When the Governor, or the Crown
Agents acting on his behalf, shall deem it
expedient to raise money by debentures, such
debentures shall be issued in London on behalf
of the Government of Montserrat by the Crown
Agents, upon the best and most favourable
terms that can be obtained, and shall be signed
by any one of them on that behalf.

6. Every debenture issued under the pro-
visions of this Ordinance shall be for the sum of
not less than four hundred and eighty dollars.


Debentures 7. The debentures shall be redeemable
may be either-
redeemed by eiter:-
annual draw-
ings or by (a) at par on a fixed date to be
he maket or declared on the issue of the debentures
on a date fixed, such date not being later than sixty years
from the date of issue:


Provided that the Governor, or the
Crown Agents acting on his behalf, may
reserve the option to redeem the debentures
prior to such date on such conditions as
may be declared at the time of issue; or

(b) by annual drawings at par or at
the option of the Governor, or the Crown
Agents acting on his behalf, by purchase at
or below par.


No. 2 of 1951.








No. 2 of 1951. General Loan and Stock. 3 MOKTs~RRAT.


8. There shall be attached to every
debenture coupons for the payment of the
interest to become due in each half-year upon
the principal represented by the debenture.
The coupons shall be sufficient in number to
provide for the payment of the interest, either
during the whole period for which the debenture
has to run, or for such limited period as the
Crown Agents, acting on behalf of the Govern-
ment of the Presidency, may determine.

9. The debentures and the coupons there-
to shall be in such form as the Governor, or the
Crown Agents acting on his behalf, may direct
or approve.
10. Every debenture and coupon, and the
right to receive the principal and interest
represented thereby, shall be transferable by
delivery.

11. Every debenture shall, before being
issued, be registered in a register book to be
kept for that purpose at the office in London of
the Crown Agents.


Interest
coupons.


Form of
debenture and
coupons.


Debentures
and coupons
transfarabl]e
by delivery.


Registry of
debentures.


12. The interest upon the principal repre- Payment of
sented by each debenture shall run from the interest.
day named in that behalf in the debenture, and
shall be paid half-yearly on the days named in
that behalf in the debenture, at the office in
London of the Crown Agents.


13. So long as any of the debentures
remain outstanding, the Governor, shall, in each
half-year ending with the day on which the
interest on the debentures falls due, appropriate
out of the general revenues and assets of the
Presidency a sum equal to one half year's
interest on the whole of the debentures
issued, including any which may have beer_
redeemed, but exclusive of any which may have
been at any time exchanged for stock, and shall
remit that sum to the Crown Agents at such
time as will enable them to pay thereout tlh
then current half-year's interest on the day on
which it falls due. Debentures shall not be
deemed to be outstanding for the purpose of


Mode of provi-
ding for pay-
ment of
interest on
debentures.







MONTSERBAT. I General Loan and Stock.


Further sums
to be remitted
for the
redemption of
the deben-
tures.


this Ordinance by reason only that one or more
of the debentures have not been presented for
payment on the day appointed for payment and
have, in consequence, not been paid.

14. (1) The 4Governor hall, in the half-
year ending on the date specified in the terms of
issue of the loan as that on wllich the first
contribution to the sinking fund siali be taken
and in each subsequent half year, appropriate
out of the said revenues and assets of the
Presidency for the formation of a sinking fund,
an additional sum equal to 'me half of the
annual contribution specified in the prospectus
or, in the case of a loan not issued publicly,
in the terms of issue relating to the lotn, in
respect of the total nominal amount of all the
debentures issued, including any which may
have been redeemed, but exclusive of any which
may have been at any time exchanged for
stock, and shall remit that stum to the Crown
Agents with the remittance hereinbefore
mentioned.
(2) Notwithstanding anything to the contrary
contained in sub-section (1) (f this section, if at
any time the trustees of the sinking fiinn of any
loan issued under the provisions of thi, ordinance e
are satisfied that the value of the fund will he suffi-
cient with further accumulations of interest but
without further payment of contriluitiitns to enable
the loan to be redeemed out of the procicds (,f' the
sinking fund not later than the final redemption
date, the Governor may with the approval of the
Secretary of State suspend further contributions
to the said sinking funds:
Provided always that contributions to the
sinking fund shall be recomnmenced if the trustees
shall at any time inform the Governor that this is
necessary.
15. The sinking fund shall be applied in the
first place in payment of dal -xpen- tal to, the redemption oif the dlebenturtn and ihe
cost and expenses of all notices required by this
Ordinance to be given, and in the next place, and
subject to the aforesaid payments, in repayment of


Application of
sinking fund.


N\o. 2 of 1951.








General Loan and Stock. 5 MONTB rRAT.


the principal moneys for the time being represented
by the debentures.

16. In the caee of debentures redeemable on
a tixed date, the Crown Agents shall place at
interest or in est in the purchase of such securities
as may be approved by the Secretary of State so
much of the umc1ney so remitted to them as aforesaid
as shall not be reqtjir'e:d for the payment of interest
for the current half-year, as a sinking fund for the
final extinction of the debt, and the Crown Agents
shall also place at interest or invest in the purchase
of like securities the accumulations of interest or the
dividends, interest or produce of such investments
and may, from time to time, with the approval of
the Secretary of State, change any such investments
an, shall hIld sich fund in trust for the repayment
of the principal moneys for the time being repre-
sented by the debentures.

17. In the case of debentures redeemable by
annual drawings, the Crown Agents shall place and
keep the moneys so remitted to them, or so much
thereof as may not be required for immediate pay-
ments, at interest, and shall hold all such moneys
and the accumulation thereon in trust to apply them
in the first piace to the purchase of the debentures
when th:,y can i;, obt-aied at a price not exceeding
par, and secondly, to the redemption of the deben-
tures by means of annual drawings.

18. After the date specified in the Ordinance
authorizing a loan as that on which the contributions
to the sinking funri shall commence in respect of
that loan, and so long thereafter as any of the
debentures remain outstanding and unsatisfied, the
Crown Agents shall in every year, unless the whole
of the money applicable in that year to the redemp-
tion of debentures has been applied in the purchase
thereof, appoint a day in that year for the drawing
by lot of the debentures to be redeemed.
19. If a day is appointed for drawing, the
Crown A;ei'n:; 1 slih] give, by advertisement in the
London TiHe., In, wspapel, not less than fifteen
days' p)r'viuts notice, o specifying the d(ay on which,
and the hour and place at which, the drawing will
take place.


Creation of
sinking fund
for redemp-
tion of
debentures
payable on a
fixed date.


Disposal of
sinking func
when deben-
tures are
redeemed by
purchase or by
annual draw-
ings.






Appointment
of day for
drawing of
debentures.








Notice of time
and place
appointed for
drawing


No. 2 of 1951.







MONTSERRAT. 6 General Loan and Stock. No. 2 of 1951.
Mode of draw- 20. On the day and at the hour and place
so specified the Crown Agents shall hold a meeting,
at which the holder of any debenture may, if lie
think fit, be present, and shall then in the presence
of such debenture holders, if any, as may attend,
and of a Notary Public, draw by lot, out of the whole
number of debentures for the time being outstand-
ing, debentures of the specified nominal amount.
Notice of 21. The Crown Agents shall thereupon
debentures
drawn for declare the distinguishing numbers of the debentures
redemption. drawn for redemption, and shall as soon as may be,
by advertisement in the London Times" news-
paper, specify those numbers and appoint a day,
not being later as to each debenture than the day
on which the then current half-year's interest there-
on is payable, on which the principal moneys
represented by the debentures so distinguished will
be repaid.
Payment of 22. On the day so appointed the Crown
drawn deben-
tures. Agents shall, at their office in London, on demand,
pay to the holders of the debentures drawn for
repayment the principal moneys represented by
those debentures, with all interest payable thereon
up to that day.
Cesser of 23. From and after the day appointed for
interest
from day ap- the repayment of any debenture all interest on the
pointed for principal moneys represented thereby shall cease
payment of
principal, and determine, whether payment of thi principal
shall have been demanded or not.
Redeemed de- 24. Upon the repayment of the principal
benture to be
cancelled, moneys represented by any debenture, the deben-
ture, with all coupons thereunto belonging, shall
be delivered up to the Crown Agents, to be by
them cancelled and disposed of in such a manner
as the Governor, or the Crown Agents acting on
his behalf, may decide. Any debenture redeemed
by purchase shall likewise be so cancelled and dis-
posed of.
Borrowing 25. When the Governor. or the Crown
upon stock. Agents acting on his behalf, shall deem it expedient
to raise money by the issue of Montserrat stock, then
such stock shall be issued in England by the Crown
Agents under the provisions of the Act of the







General Loan and Stock. 7 MONTsERBA'f,


Imperial Parliament entitled The Colonial Stock 40 &41 vie.
Act, 1877 ", upon the best and most favourable Cap. 59
terms that can be obltiiied.


26. All the stock which may be created
under the provisions of this Ordinance shall be
redeemable at par on a date to be named in that
behalf by the Crown Agents when issuing the stock,
such (late not being later than sixty years from the
date of issue:

Provided that the Governor, or the Crown
Agents acting on his behalf, may reserve the option
to redeem the stock in whole or in part, by drawings
or otherwise, at any time prior to such date on
such conditions as may be declared at the time of
issue. From and after the date appointed for the
redemption of the stock or any part of it all the
interest on the principal moneys represented there-
by shall cease and determine, whether payment of
the principal shall have been demanded or not.

27. So long as any of the stock shall remain
unredeemed, the Governor shall, in each half-year
ending with the day on which the interest on such
stock falls due, appropriate out of the general
revenues and assets of the Presidency a sum
equal to one half-year's interest on the whole
of such stock, and shall remit that sum to the
Crown Agents at such time as will enable them to
pay thereout the then current half-year's interest
on the day when it falls due.

28. (1) The Governor shall, in the half-year
ending on the date specified in the terms of issue
of the loan as that on which the first contribution
to the sinking fund shall be taken and in each sub-
sequent half-year, appropriate out of the said
revenues and assets of the Presidency for
the formation of a, slinking fund an additional
sum equal to one half of the annual contribution
specified in the prospectus or, in the case of a loan
not issued publicly, in the terms of issue relating to
the loan, in respect of the total nominal amount of
such stock including any such stock which may at
any time have been issued in exchange for deben-


When the
principal is to
be repaid.


Mode of provi-
ding for the
payment of
interest on
stock.








Mode of provi-
ding for pay-
ment of
principal of
stock.


No. 2 ut 1951.







MONTSERRAT. 8 General Loan and Stock. No. '2 of 1951.

tures under the authority of this Ordinance, and
shall remit that sum to the Crown Agents with the
remittance hereinbefore mentioned.
(2) Notwithstanding anything to the contrary
contained in sub-section (I ) of tiis section, if at any
time the trustees of the sinking fund of any loan
issued under the provisions of this Ordinance are
satisfied that the value of the fund will be sufficient
with further accumulations of interest but without
further payment of contributions to enable the loan
to be redeemed out of the proceeds of the sinking
fund not later than the linal redeim ption d(iate, the
Governor may with the approval of tle Secretary of
State suspend further contributions to the said
sinking fund:
Provided always that contributions to the
sinking fund shall be recommended if the trustees
shall at any time inform the Governor that this is
necessary.
Creation of 29. The Crown Agents shall, for the pur-
sinking fund. .
pose of forming such sinking fund, from time to
time place at interest or invest in the purchase of
such securities as may from time to time be approved
by the Secretary of State so much of the money so
remitted to them as aforesaid as shall not be required
for the payment of interest for the current half-year
and shall also place at interest or invest in the
purchase of like securities, the accumulations of
interest or the dividends, interest, or produce of
such investments, and may from time to time, with
the approval of the Secretary of State, change any
such investments, and shall hold such fund in trust
for the repayment of the principal moneN s for the
time being represented by the stock.
Charge upon 30. In case the sinking funds provided for
general
revenue, by this Ordinance shailll )' insufllieint for the pav-
ment of all the principal Imoneys borrowed under
the authority of this Ordinance at the time the same
shall have become due, the governor r shall make
good the deficiency out of the general revenues and
assets of the Presidency.
Expenses to 31. All expenses of or incidental to the
sinking fund. age t of te sinking fuof, or to the
sinking fund. management of the sinking fund, or to the








General Loan and Stock. 9 MONTSERRAT.


payment of the principal moneys borrowed,
shall be paid out of the sinking fund.

32. The Governor shall also have, and
may from time to time exercise, the following
powers and authorities or any of them:

(a) He may authorise the Crown
Agents when issuing any loan in the form
of debentures to declare that such debentures
will be convertible into stock at such dates
and on such terms and conditions as may
be prescribed by the Crown Agents at the
time of the issue of the debentures.

(6) He may declare all or any of the
Montserrat loans, whether existing in the
form of stock or debentures, and whether
issued before or after the commencement
of this Ordinance, to be convertible into
stock, to be issued under the provisions of
this Ordinance.

(c) He may authorise the creation and
issue of such an amount of stock in ex-
change for the securities held for such
loans as may be necessary.

(d) He may authorise the creation and
sale of any such stock or debentures for the
purpose of raising money for redeeming
any outstanding loans whether issued
before or subsequent to the passing of this
Ordinance, for paying any expense in the
creation of stock, and otherwise for carrying
out the provisions of this Ordinance.

(e) Any conversion so authorized may
be effected either by an arrangement with
the holders of existing securities or by
purchase thereof out of moneys raised by
the sale of stock, or partly in one way and
partly in the other.


38. Nothing in this Ordinance contained
shall authorise an increase of the capital or of
the annual charge on any loan, except-


Powers of
Governor.


Debentures
con vertible
into stock on
conditions
prescribed
by the Crown
Agents at time
of issue.


Conversion of
loans gener-
ally.






Creation and
issue of stock
in exchange
for other
securities,

Creation and
sale of stock
or debentures
to raise loans
and for other
purposes.





Arrangements
for conversion


Exchange of
securities for
stock.


Ne. 2 of 1951.








MONTSERRAT. 10


Converted
securities to be
oancelled.





Trustees to
apportion
amount of
sinking fund
released by
conversion.












Sinking funds
released: how
to be disposed
of.


General Loan and Stock. No. 2 of 1951.

(a) when securities exchanged for stock
bear a rate of interest not less than the
stock, an additional amount of stock may
be created and issued to make up the
difference in saleable value between the
securities and the stock;

(b) in the case of the conversion of
securities into stock the Crown Agents
shall issue such an amount of stock as may
be required to defray the stamp duties and
all other expenses incidental to the con-
version;

(c) in accordance with such terms and
conditions as may be prescribed under
paragraph (a) of section 32 of this Ordi-
nance.


34. The securities exchanged or other-
wise converted into stock under the provisions
of this Ordinance shall be forthwith cancelled
by the Crown Agents, and the debentures
surrendered shall be cancelled and transmitted
to the Governor.

85. The trustees of the sinking fund
appointed under this Ordinance, and acting under
any Ordinance authorising the issue of any securi-
ties which may be exchanged into stock or
cancelled or purchased under the provisions of this
Ordinance, shall determine what amount of the
sinking fund held by them and created for repay-
ment of such securities shall be released and in the
determination of such question the trustees shall
take into consideration the value of the whole
investments held by them on account of such
sinking funds, the amount of the debt remaining
a charge on such sinking funds, and such matters
as the trustees may think fit to take into account.

36. So much of the sinking funds as may
be released shall either be transferred unto the
trustees of the stock sinking fund, or be disposed
of in such a manner as the Governor with the
advice and consent of the Legislative Council may
direct.








General Loan and Stock.


37. The Crown Agents may from time to
time, at the request of the Governor, make arrange-
ments for all or any of the following things:

(1) For inscribing and registering stock
in their books.

(2) For managing the creation, inscrip-
tion, registration and issue of stock, including
the issue of certificates of title in respect of
such stock.

(3) For effecting the conversion of loans
into stock.

(4) For paying interest on stock and
managing the transfers thereof.

(5) For issuing stock certificates to
bearer, and, as often as occasion shall require,
re-inscribing or re-registering them.

(6) For effecting the exchange or conver-
sion of inscribed stock into registered stock.

38. This Ordinance shall be applicable only
to the raising of loans in England, and nothing in
this Ordinance contained shall prevent the raising
of loans in the Presidency upon such terms and
conditions as shall be specified in any Ordinance
authorising the raising of such loans.

39. Authority is hereby given for the
making of regulations under Section 16 of the
Colonial Stock Act, 1877, to provide, that, in
accordance with section 1 of the Colonial Stock
Act, 1948, stock issued (whether before or after the
passing of the last mentioned Act) under the pro-
visions of this Ordinance shall be transferable by
instrument in writing in accordance with the
regulations and in no other manner.

40. The General Loan and Stock Ordinance,
1914, the General Loan and Inscribed Stock
(Amendment) Ordinance, 1927, and the General
Loan and Stock (Amendment) Ordinance, 1949,
are hereby repealed.
CHARLESWORTH ROSS,
President.


MONTSERRAT
Creation, in-
scription,
registration,
issue, conver-
sion, and
transfer of
stock.


Raising of
loans in the
Presidency.


Regulations
regarding
transfer of
Stock.
40 & 41 Vict.
c 59.
12 & 13 Geo. 6
C. 1.




Repeal
2/1914
1111927
7/1949.


No. 2 of 1951.


11








MONTSERRAT. 12


General Loan and Stock. No. 2 of 1951.


Passed the Legislative Council the 20th day
of December, 1950.

J. E. T. ROBERTS,
Clerk of the Council,












































ANTIGUA.
Printed at the Government Printing Office. Leeward Islands
by E. M. BLACKMAN, Government Printer.---By Authority.
1951


-200-1.51.


[Price 3d.]







Aid to Pioneer Industries.


[L S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
5th January, 1951.

MONTSERRAT.

No. 3 of 1951.

An Ordinance to encourage the establishment and
development of new industries in the Presi-
dency and to make provision for the granting
of certain relief from customs duty and income
tax to persons establishing factories in connect
tion with such industries and for purposes
incidental to or connected with any of the
foregoing purposes.
BE IT ORDAINED by the Governor and
Legislative Council of Montserrat as follows:-
1. This Ordinance may be cited as the Aid to Short title.
Pioneer Industries Ordinance, 1950.
2. In this Ordinance- Tnterpreta-
tion.
"construction day means the day specified in
any application under section 4 of this
Ordinance as being the day on or before
which it is intended to commence to
construct the factory to which the applica-
tion relates;
"factory includes all buildings and structures
within the same curtilige used for-
(a) the housing of machinery, plant or
apparatus of any description for the manufac-
ture of any product or the generation of power
for such manufacture; or
(b) the storage of any raw materials, fuel
or stores necessary for the manufacture of such
product; or
(c) the storage of any such product prior
to the time at which the property in such goods


No. 3 of 1951.


MONTBERRAT.








Aid to Pioneer Industries.


passed to any person other than the manufac-
turer thereof; or
(d) the proper administration of the
business of the manufacturer in relation to the
manufacture of such product and the sale
thereof; or
(e) canteens, rest rooms, recreation rooms,
lavatories, baths and wash rooms for workers
employed by the manufacturer in the manufac-
ture of such product or in any process incidental
to such manufacture;

" pioneer factory means any factory estab-
lished for the purposes of a pioneer
industry;
" pioneer industry means an industry declared
under section 3 of this Ordinance to be a
pioneer industry;
" pioneer manufacturer" means a person
declared under section 4 of this Ordinance
to be a pioneer manufacturer;
" pioneer product ", when not preceded by the
word "relevant ", means any product
declared under section 3 of this Ordinance
to be a pioneer product;
"production day means the day specified in
any application under section 4 of this
Ordinance as being the day on or before
which it is anticipated that the factory to
which the application relates will com-
mence to produce in marketable quantities
the pioneer product intended to be manu-
factured therein;
"relevant pioneer product" used in relation to
any pioneer manufacturer means the
pioneer product of the pioneer industry in
relation to which such pioneer manufac-
turer h.s been declared under section 4 of
this Ordinance to be a pioneer manufac-
turer;
"pioneer enterprise" means the manufacture
by a pioneer manufacturer at a pioneer


MOK rERRAT. 2


No. 3 of 1951.







No. 3 of 1951. Aid to Pioneer Industries.


factory of any relevant pioneer product or
the sale by him of any relevant pioneer
product so manufactured;

Treasurer" means the officer for the time
being lawfully discharging the duties of
Treasurer of the Presidency or anyone
authorised by him in writing to act on his
behalf.

8. (1) Subject to the provisions of subsection
(2) of this section, the Governor in Council may, if
he is satisfied that it is expedient in the public
interest so to do, by order declare any industry
which is not being conducted in the Presidency on
a commercial scale or at all and for which there are
insufficient manufacturing facilities in the Presi-
dency to enable such industry to be conducted on
a commercial scale or any industry for which, in his
opinion, there is favourable prospect of further
development, to be a pioneer industry and any
specified product of such industry to be a pioneer
product.

(2) Before making any order under subsection
(1) of this section, the Governor in Council shall-
(a) cause a notice to be published in at
least three issues of a newspaper circulating in
the Presidency at intervals of not less than one
week and twice in the Gazette setting out the
order which it is proposed to make and invit-
ing any person who objects to the making of
such order to give notice in writing of his
objection and of the grounds on which he
relies in support thereof to the Clerk to the
Executive Council on or before such day as
may be specified in such notice; and

(b) consider any objections which may
have been received pursuant to such notice.

4. (1) The Governor in Council, on the
application of any person who is desirous of
establishing a pioneer factory in t lc Presidency for
the purpose of manufacturing any pioneer product
or products, if he is satisfied that it is expedient in
the public interest so to do, and in particular


Governor in
Council may,
subject to con-
ditions, declare
an industry to
be a pioneer
industry.


Governor in
Council may
declare per-
sons to be
pioneer manu-
facturers.


3 MONTERRBAT.







Aid to Pioneer Industries.


having regard to the number of pioneer factories
already established or about to be established for the
manufacture of such pioneer product or products
and to the output or anticipated output of such
pioneer factories, may in his absolute discretion by
order declare such person to be a pioneer manufac-
turer in relation to a pioneer factory and pioneer
industry specified in such order with effect from
such date as may be so specified.
(2) Every application under subsection (1) of
this section shall be in writing and shall-

(a) specify the locality in which it is
proposed to establish the factory in respect of
which the application is made; and
(b) specify the construction day which
shall not be later than twelve months after the
date of the granting of the application; and

(r) specify the production day which
shall not be later than eighteen months after
the construction day; and
(d) specify the pioneer product or pro-
ducts intended to be manufactured at the
factory.

Relief from 5. Every pioneer manufacturer shall be
outomy entitled to import into the Presidency during a
period of five years commencing on the date on
which he is declared under section 4 of this
Ordinance to be a pioneer manufacturer, any of the
articles specified in the Schedule hereto free of
customs duty, if he satisfies the Treasurer that such
articles are imported for the construction, altera-
tion, reconstruction or extension of the pioneer
factory in relation to which he was declared under
section 4 of this Ordinance to be a pioneer manu-
facturer, or for equipping such pioneer factory or
any extension thereof for the purpose of manufac-
turing the relevant pioneer product or products, so,
however, that no articles shall be imported free of
customs duty utiidr this section if the Treasurer is
of opinion that such articles are intended for the
purpose of effecting repairs to such pioneer factory
or extension thereof, or to any apparatus, ma-


MONTSBBRAT. 4


No. 3 of 1951.







Aid to Pioneer Industries.


chinery, appliances or equipment contained in any
such factory or extension thereof, or for replacing
any apparatus, machinery, appliances or equipment
in any pioneer factory or extension thereof.
6. (1) Every pioneer manufacturer who Special plovi-
imports into the Presidency any article free of "o articles
customs duty under the provisions of section 5 of imported free
this Ordinance shall- duty.
(i) keep such record in such form and
containing such particulars as may be
required by the Treasurer of the
articles so imported by him; and
(ii) cause such articles to be marked with
such mark and in such manner as
may be required by the Treasurer;
and
(iii) permit the Treasurer or any person
authorised by him at all reasonable
times to inspect such record and to
have access to any factory or ware-
house under his control for the
purpose of examining any such
articles which the Treasurer may
believe to be therein and of satisfy-
ing himself of the accuracy of the
particulars in relation to such articles
contained in such record.
(2) Every pioneer manufacturer who contra-
venes any of the provisions of this section shall be
guilty of an offence and on summary conviction
thereof shall be liable to a fine of two thousand five
hundred dollars and in default of payment thereof
to be imprisoned for a term not exceeding six
months or to both such fine and imprisonment.

7. (1) No article imported into the Presi- Restriction
upon disposi-
dency by any pioneer manufacturer free of customs tion articles
duty under the provisions of this Ordinance shall be imported free
Sof customs
sold, given away or otherwise disposed of by such duty.
pioneer manufacturer except-
(a) in the case of an assignment of the
pioneer factory for the purpose for which such


No.,3 of 1951.


5 MONTSERs RT.







Aid to Pioneer Industries.


article was imported into the Presidency, to
the assignee of such factory; or
(b) upon the pioneer manufacturer pay-
ing or giving security to the satisfaction of the
Treasurer for the payment of an amount
equivalent to the amount of customs duty
which would have been payable upon the
importation of such article but for the provi-
sions of this Ordinance; or
(c) after the expiration of five years from
the date of the importation into the LPresidency
of such article.

(2) Every pioneer manufacturer who contra-
venes any of the provisions of this section shall be
guilty of :in offence and on summary conviction
thereof slall he liable to a penalty of three times
the value of the article in respect of the disposal of
which he contravenes such provisions, and in
default of payment thereof to be imprisoned for a
term not exceeding six months.

Relief from 8. The income arising from any pioneer
income tax. enterprise during the period of five years from the
production day or from such other day as may be
substituted therefore by the Governor in Council
under the provisions of section 10 of this Ordinance
(hereinafter called the tax holiday period) shall
be exempt from income tax:
Provided that if the end of the tax holi-
day period does not coincide with the end of
an accounting period of a pioneer enterprise,
the income for the accounting period in which
the last day of the tax holiday period falls
shall be apportioned between the parts of the said
accounting period which respectively precede and
follow the end of the tax holiday period and the
income thus attributed to the part which precedes
the end of the tax holiday period shall be exempt
from income tax.
Restriction on 9. (1) No pioneer manufacturer shall, with-
employment of Out the prior approval of the Commissioner in
persons in a .
pioneer enter- writing, employ within the Presidency in a pioneer
prise. enterprise an person not ordinarily resident in
the Colony or in any of the Colonies hereinafter
specified:


No. 3 of 1951.


AMONTSEltRAT. 6







Aid to Pioneer Industries.


Provided that if he satisfies the Commis-
sioner that the services of any skilled workmen,
artisans or mechanics or of any persons possessing
particular professional or teclniic:il lqulifications
or skills or experience are nlccesary for the proper
conduct of the pioneer enterprise and thatt such
services cannot be otherwise obtained, the Commis-
sioner may by permit in writing authorise him to
employ within the Presidency such number and
classes of skilled workmen, arti,-iius and mechanics,
and of persons possessing particular professional
or technical qualifications or skills or experience,
not ordinarily resident in the Colony or in any
of the Colonies hereinafter specified, and for such
periods as may be specified in the permit.
(2) The Commissioner may from time to
time require any pioneer manufacturer to make
such return of--
(a) the number of persons in each
category of work who are ordinarily resident
in the Colony or in any of the Colonies here-
inafter specified, and
(b) the number of persons in each
category or work who are not ordinarily
resident in the Colony or in any of the
Colonies hereinafter specified, employed by
him within the lresideicy in a pioneer
enterprise as the Commissioner lnmy think fit.
(3) The Colonies contemplated by this section
are, in addition to the Colony of the Leeward
Islands, the Colonies of British Honduras, Barba-
dos, The Bahamas, British Guiana, Jamaica, Domi-
nica, Grenada, St. Lucia, St. Vincent ind Trini-
dad and Tobago.

10. (1) Where any pioneer manufacturer Provisions re-
fails or neglects- lati to reo-
zn cation or
recognition
(a) to commence to construct the pioneer of pioneer
factory in relation to which lie is a pioneer manufac-
manufacturer on or before the construction
day; or
(b) to commence to manufacture the
relevant pioneer product or products in
marketable quantities at such pioneer factory


No. 3 of 1951.


I NONTSERRAT.







Aid to Pioneer Industries.


on or before the production day, the Commis-
sioner may by notice in writing require him
within thirty days of such notice either-
(i) to commence to construct the pioneer
factory or to commence to manufac-
ture the relevant pioneer product or
products at the pioneer factory in
marketable quantities, as the case
may be; or

(ii) to establish to the satisfaction of the
Governor in Council that his failure
or neglect to commence to construct
the pioneer factory or to commence
to manufacture the relevant pioneer
product or products in marketable
quantities as the case may be, was
due to some cause beyond his con-
trol, and that there is a reasonable
prospect of his commencing to
construct the pioneer factory or
commencing to manufacture the
relevant pioneer product or products
in marketable quantities, as the case
may be, within such time as the
Governor in Council may consider
to be reasonable.
(2) Where any pioneer manufacturer having
been required under sub-section (1) of this section
so .to do fails to satisfy the Governor in Council-
(a) that his failure or neglect to com-
mence to construct the pioneer factory to
which such notice relates on or before the
construction day, or to commence to manufac-
ture the relevant pioneer product or products at
such factory in marketable quantities on or
before the production day, as the case may be,
was due to some cause beyond his control; or
(b) that there is reasonable prospect of
his commencing to construct such pioneer
factory or commencing to manufacture the
relevant pioneer product or products in
marketable quantities at such pioneer factory
within such time as the Governor in Council
may consider reasonable,


MONTSERRAT. 8


No. 3 of 1951.







Aid to Pioneer Industries.


the Governor in Council shall revoke the order
under section 4 of this Ordinance declaring such
person to be a pioneer manufacturer in relation to
the pioneer factory anid piolier industry in respect
of which such orldr \\:iws uimd and thereupon the
provisions of section )5 nid 1 :(ctioni S of this
Ordinance shall cease to :pply to such person in
respect of such pioneer factory and such pioneer
industry and the pioneer factory shall cease to be
a pioneer factory.
(3) Where any pioneer manufacturer on
being required so to do by notice under sub-section
(1) of this section satisfies the Governor in Coun-
cil-
(a) that his failure or neglect to com-
mence to construct the pioneer factory to
which such notice relates on or before the
construction day, or to commence to manu-
facture the relevant pioneer product or pro-
ducts at such pioneer factory in marketable
quantities on or before the production day, as
the case may be, was due to some cause
beyond his control; and
(b) that there is reasonable prospect of
his commencing to construct such pioneer
factory or commencing to manufacture the
relevant pioneer product or products in
marketable quantities at such pioneer factory,
as the case may be, within such time as the
Governor in Council may consider reasonable,
the Governor in Council shall by order declare that
there shall be substituted for the construction day
or for the production day, as the case may be,
some other day specified in such order, and there-
upon the provisions of this Ordinance shall take
effect as if the day specified in such order was the
construction day or the production day, as the case
may be, specified in the application under subsection
(2) of section 4 of this Ordinance.
(4) Where the Governor in Council is satisfied
that any pioneer manufacturer has contravened any
of the provisions of this Ordinance and that having
regard to all the circumstances of the case it is
expedient so to do, he may revoke the order under


9 MONTSERRAT,


No. 3 of 1951.







Aid to Pioneer Industries.


section 4 of this Ordinance declaring such person
to be a pioneer manufacturer in relation to the
pioneer factory and pioneer industry in respect of
which such order was made and thereupon the
provisions of section 5 and section 8 of this Ordi-
nance shall cease to apply to such person in respect
of such pioneer factory and such pioneer industry
and the pioneer factory shall cease to be a pioneer
factory.
(5) When any order made under section 4 of
this Ordinance is revoked under the provisions of
subsection (2) of this section the person who in
such order was declared to be a pioneer manufac-
turer shall be liable to pay to the Treasurer all
sums which but for the provisions of section 5 of
this Ordinance would have been payable as customs
duty on the importation of any articles for the
construction, alteration, re-construction or exten-
sion of the pioneer factory in relation to which he
was declared under section 4 of this Ordinance to
be a pioneer manufacturer, or for equipping such
pioneer factory or any extension thereof for the
purpose of manufacturing the relevant pioneer
product or products.
(6) Any sum which may be payable to the
Treasurer under the provisions of subsection (5)
of this section may be recovered in a Court of com-
petent jurisdiction as a debt due to the Government
of the Presidency.
11. (1) Subject to the provisions of subsec-
tion (3) of this section, no factory, whether it is
still a pioneer factory or not, which has been
specified as a pioneer factory in any order under
the provisions of section 4 of this Ordinance shall,
without the prior approval of the Governor in
Council, be used at any time within ten years from
the date of such order for any purposes other than
those of the pioneer industry for the purposes of
which such factory was established as a pioneer
factory.
(2) Any person using any such factory in
contravention of the provisions of subsection (1) of
this section shall he guilty of an offence and on
summary conviction thereof shall be liable to a fine
not exceeding five hundred dollars and in default
of payment thereof to imprisonment for any term


Restriction on
use of pioneer
factory.


MONTSBRRAT. 10


No. 3 of 1951.









not exceeding six months and in the case of a con-
tinuing offence to a further fine not exceeding two
hundred and fifty dollars in respect of each day
during which the offence continues.
(3) The provisions of this section shall not
apply to any factory which has ceased to be a pio
neer factory and in respect of which all sums
payable to the Treasurer under the provisions of
subsection (5) of section 10 of this Ordinance have
been paid.

CIIARLESWORTIi ROSS,
President.

Passed the Legislative Council the 20th day of December,
1950.

J. E. T. ROBERTS,
Clerk of the Council.


SCHEDULE.

All building materials, tools, plant, machinery, pipes, pumps, con-
veyor belts, or other appliances and materials necessary for and used
in the construction, alteration and extension of the factory or for equip-
ping the factory or any extension thereof for the manufacture and
preparation for sale by the pioneer manufacturer of the relevant pio-
neer product or products.


















ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
1951.


No. 3 of 1951.


Aid to Pioneer Tndustries..


11 iMONTSERRAT.


[Price 3d.]


-200-1.51.







LEEWARD ISLANDS.
ANTIGUA.

STATUTORY RULES AND ORDERS.

1951, No. 1.

PORTS OF ENTRY.

THE PORTS OF ENTRY (ENGLISH HARBOUR) ORDER, 1951,
DATED JANUARY, 4, 1951, MADE BY THE GOVERNOR IN
COUNCIL UNDER SECTION 5, OF THE TRADE AND REVENUE
ORDINANCE, 1900 (No. 8 OF 1900), AS AMENDED.

1. Short Title. This Order may be cited as the Ports
of Entry (English Harbour) Order, 1951.
2. Interpretation. In this Order-
"pleasure vessel means a vessel navigated bona fide
for pleasure only, which does not carry cargo,
other than bona fide private cargo; and includes
such a vessel when chartered, whether or not the
owner retains any control of the vessel;
recognizedd yacht club means a yacht club approved
by the Governor for the purposes of this Order.
3. Declaration of Port of Entry. The port of
English Harbour in the Presidency shall be a port of entry for
vessels registered in their country of registration as pleasure
vessels and the owners of which are members of a recognized
yacht club.
4. Condition of Entry. In addition to the Harbour
dues, boarding fees, after hours work fees and any other fees
payable u:der any law in force in the Presidency by vessels
entering or clearing from the Presidency, there shall be paid to
the Harbowu Master, for payment into the Treasury of the Presi-
dency by rhe Master of every vessel on entry at the port of
English Harbour the sum of ten dollars.

Made by the Governor in Council the 4th day of January,
1951.
G. A. THIBOU,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands.
by E. M. BLACKMAN. Government Printer.-By Authority.
1951.


--200--1 .51.


[Price Id.]




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