Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00080
 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.
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Bibliographic ID: UF00076863
Volume ID: VID00080
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





THE






VOL. LXXVIX.


THURSDAY, IST FEBRUARY, 1951.


Notices.


It is notified for general information that the
Report of the Commission on the Establishment of
a Customs Union Commission in the British
Caribbean Area has been released and is now on
sale at Administrators' and Commissioners' offices
in the Presidencies of this Colony.
Appended below is a brief summary of the
main conclusions and recommendations of the
Commission:-
A customs union for the British territories in
the Caribbean area would strengthen their eco-
nomic position, encourage their local industries
and increase the trade between them. The obsta-
cles in its way are few. It could be with or
without political federation, and it should be
established at the earliest possible moment.
This is the most important finding of the
Commission which, following a recommendation
by the Conference on the Closer Association of
the British West Indian Colonies held at Montego
Bay, Jamaica, in 1947, was appointed by the
Secretary of State for the Colonies to examine the
question of the establishment of a customs union
in the British Caribbean area.
A customs union implies, the Commission
observes, as large a measure of free trade as possi-
ble among the members, substantially the same
tariff applied to goods received from territories
outside the union, and a common commercial
policy. In addition, its effective operation would
be considerably assisted by a common customs
ordinance and code of regulations; uniformity in
customs administration and practice; and the
establishment of a Customs Union Advisory Board.
To this central co-ordinating authority, an In-
spector-General of Customs and Excise, with
headquarters in Trinidad, would be responsible.
The Commission claims that the loss of
revenue to member Colonies resulting from cus-
toms union could be reduced, to some extent, by
the levying of excise duties. Member Colonies
could also reserve the right to continue levying
export duties. In the main, however, such loss
would probably be more than met by the operation
of a scientifically balanced common external tariff.
In the absence of political federation, a
Completely common external tariff for the area
K is impracticable owing to the divergent econo-
\ mies and the varying fiscal needs of the different



ee L3/571P


colonies. Agreement has, however, been reached
on common rates of duty in respect of 643 items
out of a total of 682. The rates proposed are in
general conformity with existing trade agree-
ments and the Havana Charter, and provide an
overall preferential rate of 662 per cent. of the
general rate. Pending further agreement, tariffs
could be imposed by the Governments concerned
on the 39 reserved items (which cover alcoholic
liquors, tobacco, perfumes, cotton piece goods,
petroleum produce and matches) at rates related
to their individual financial circumstances.
The Commission considers that excise duties
should not as yet be unified since their unifica-
tion might seriously disrupt the finances of some
of the territories. It suggests, however, princi-
ples which should be followed until unification is
achieved.
Any attempt at the moment to unify export
duties would meet, the Report says, with little
success in view of the disparity in duties levied
by the different territories. They might, how-
ever, with advantage, be reviewed. The object
would he to retain only those which can be jus-
tified on the grounds either that a more direct
form of taxation is not at present practicable, or
that they can be passed to the purchaser without
risk of harmful economic repercussions.
In the early stages of a customs union it
might be necessary to afford a certain amount
of protection to selected local industries by
restricting the importation of like goods from
other parts of the free trade area. The Com-
mission recommends that such protection should
only be given with the agreement of the pro-
posed Advisory Board, and that it should nor-
mally take the form of an import quota which
could be gradually increased until its restrictive
effect was nullified.
'The mechanical and centralised compilation
of trade and revenue statistics is recommended
as a means of improving their quality and use-
fulness.
The Report is now to be considered by the
Legislatures of the territories concerned, and it
is on the outcome of their deliberations that the
creation of a customs union will primarily
depend.

Colonial Secretary's Office,
Leeward Islands,
at Antigua,
1st February, 1951.


) ISLAN.)S

rTE

Authority .


No. 8.






THE LEEWARD ISLANDS GAZETTE.


Mess ,ge from the Secretary of State for the
Colonies.
The following Message from the Secretary of
State for the Colonies to the peoples of the West
Indies is published for general information:-
[ wish to express my appreciation of the
valuable services rendered by the members of the
Commission for the Establishment of a Customs
Union in the British Caribbean Area, whose Report
is published today. It is a worthy companion to
the Reports of the Standing Closer Association
Committee and the Commission on the Unification
of Lhe Public Services, and it forms another
important contribution to the cause of closer unity
between the British West Indian territories.
As the Commission observe, a customs union
could be established either with or without politi-
cal federation, and its formation can therefore be
considered quite separately from the wider issue.
The R port indicates the substantial advantages
which are to be gained from such a union, and sets
out with admirable clarity and detail the practical
steps by which it might be achieved.
In commending the Report to the Legislatures
for the earnest consideration which it merits, and
which I hope will be given to it with all reasonable
expedition, I would like to repeat what Mr. CREECH
Jo.. is said in his message at the time of the
publication of the two other Reports mentioned
above; namely, that His Majesty's Government
have no wish to prejudge or influence the decisions
of the representatives of the West Indian peoples
in this matter, but that they will be ready to assist
in any measures which, after examination of
the Report by the Legislatures, may appear feasible
and in furtherance of the aims accepted at the
Montego Bay Conference in 1947.
Colonial Secretary Office,
Leeward Islands,
at Aldivqia.
1st February, 1951.



Despatch from the Secretary of State for the
Colonies.
The subjoined despatch received from the Sec-
retary of State is published for general informa-
tion:-
71295/19/50.
LEEWARD ISLANDS.
No. 103
COLONIAL OFFICE,
THI CHURCH HOUSE,
GREAT SMITH STREET,
LONDON, S.W. 1.
22nd December, 1950.
Sir,
I have the honour to refer to the Report of the
Commission on the Establishment of a Customs
Union in the British Caribbean A rea which is to be
published on the 1st February, 1951.


2. This Report, which is a worthy companion
to those of the Standing Closer Association Com-
mittee and the Commission on the Unification of
the Public Services, merits the most careful and
serious consideration. For it will be recalled that,
in paragraph 10 of the Memorandum on Closer
Association of the British West Indian Colonies,
which formed an enclosure to my predecessor's
circular despatch of the 14th February, 1947
(Cmd. 7120), it was stated that probably no other
single reform would bring such benefit to the
colonies concerned as the establishment of a full
customs union, or at any rate a common customs
tariff ". Furthermore, the Standing Closer Associa-
tion Committee expressed the view that a customs
union is "the foundation of a federal structure"
(paragraph '0i of the Committee's Report).
3. The fiscal bub-Committee appointed at the
Montego Bay Conference in 1947 to submit pro-
posals on the question of customs union recorded,
in paragraph 12 of its Report, that the establish-
ment of a customs union would result in:-

(a) the encouragement of inter-colonial
trade, which would naturally be duty-free
within the union;
(b) the establishment of uniformity in
tariff rates and customs administration;
(c) increased efficiency in the collection of
revenue;
(d) the strengthening of the position of
the British Caribbean territories as far as bar-
gaiining power is concerned in relation to inter-
national trade agreements;
(e) the encouragement of local industries.
The Commission readily subscribes to the
Fiscal Sub-committee's views, observing that "Freer
commercial exchange between the British Caribbean
territories would undoubtedly foster a more varied
economy throughout the area. It also expressed
the view that the establishment of a customs union
is not dependent on political federation but that it
would "inevitably tend towards creating conditions
inviting closer political unity (paragraphs 11, 12
and 63 of the Report).
4. Although the Commission indicates a
method by which a customs union might be achieved
in stages, it feels that since the obstacles to be
overcome in its establishment are so few and the
desire for an early measure of fiscal and economic
unity so general, anything in the nature of a tran-
sitional period is neither necessary nor expedient.
It recommends, therefore, the establishment at the
earliest opportunity of a customs union embracing
all the British Caribbean territories, with the excep-
tion, for the time being, of the British Virgin
Islands and the Jamaican Dependencies of the
Cayman and the Turks and Caicos Islands (para-
graphs 71 and 136 -140).
5. One of the most valuable of the Commis-
sion's achievements has been the preparation of a
common tariff structure and a common classification


[I February, 195-1.






THE LEEWARD ISLANDS GAZETTE.


for trade statistics (paragraphs 32-43). In this
connection, however, I must draw your attention
to the following points. The Commission took as
the frainrwork for its tariff structure and statistical
classification (Part 1 of the First Schedule to the
])raft Ordinance at Appendix B), the Minimum
List of Commodities for International Trade Sta-
tistics published by the League of Nations in 1938,
anticipating that hle revised version of it, on which
the United Nations Statistical Commission was en-
gaged when the Commission was at work, would
emerge with comparatively few changes, thus mak-
ing it a relatively simple matter to align the Conm-
mission's recommendations with the United Nations
List when it was published. The United Nations
Statistical Commission has now completed its
labours, and its list, which is called the Standard
International Trade Classification ", was approved
by the Economic and Social Council in July.
Unfortunately it represents rather more of a de-
parture from the League of Nations Minimum
List" than the Commission had any reason to
expect. His Majesty's Government have not yet
made known their views regarding a possible
change-over from the present classification used in
the United Kingdom for primary statistical pur-
poses to the new Standard International Trade
Classification". (I might mention here that the
Colonial Government Statisticians, at their confer-
ence in March, were not able to consider the final
draft of the United Nations Classificatitin as it was
not available to them at that time; they did, how-
ever, express the view that the extent to which
such a classification was used by the United King-
dom would influence colonial territories-.,se plra-
graph 24 of the Iteport on the Conference, enclosed
witli my circular despatch of the 31st August,
1950.) I am hopeful that a decision by His
Majesty's Government will not be long delayed,
and I will communicate it to you with my conm-
ments as soon as possible. Meanwhile, I am
unable to give you any guidance other than that
His Majesty's Government would not favour the
adoption at this date of the old Minimum List"
for tariff or statistical purposes.
6. The Commission's proposals for a com-
mon tariff (paragraphs 73 to '8), particularly those
relating to margins of preference, represent, in my
opinion, a reasonable balance in general conformity
with the spirit of the General Agreement on
Tariffs and Trade. But you will be aware that,
under Article XXIV (7) of that Agreement (as
amended-see page 34 of Cmd. 8048 Provisional
Consolidated Text of the General Agreement on
Tariffs and Trade and Texts of Related Documents ",
copies of which were transmitted to Colonial
Governments under cover of my circular savingram
of the 24th November, 1950), it is necessary to
submit any plan adopted for the establishment of
a Customs Union to the Contracting Parties for
their approval; and there is always the possibility
that they may ask for modifications.
7. Paragraphs 17-19 of the Report deal
with the question of free trade and its effect on
revenues. This aspect of customs union will need
to receive very close attention since the establish-


ment of a free trade area would result in a loss of
revenue to each colony in respect of the duties
hitherto collected on dutiable goods imported from
or exported to other member colonies. It is,
however, to be noted that the Commission consider
that, while the loss could to some extend be
reduced by the levying of excise duties on the lines
proposed in Chapter V of the Report, and to
a lesser extent by reserving to member col'.nies
the right to continuc to levy export duties as
indicated in Chapter V it would probably, ii: the
main, be more than met by the operation of
a scientifically balanced common external tariff.
8. I do not propose at this stige to comment
in any detail on the Draft Model Customs Ordi-
nance or the Draft Customs Regulations which
form Appendices B and C to the Report. There
are, however, various points in them which would
require consideration, and I should, therefore, wish
to be given an opportunity of studying in draft
any legislation which might be contemplated.
9. In paragraphs 44 to 49 the Commission
make various proposals for the mechanical and
centralised compilation of trade and revenue
statistics, the adoption of which should effect
considerable improvement on existing procedure.
Recent developments, however, bring a new
possibility into consideration-that work on
centralized mechanical tabulations could be
shared between Jamaica and Trinidad. As
regards tlih statement in paragraph 49 that
"in regard to the form in which statistical
material when abstracted cani best he presented,
the Coninission understands that the question is
at present receiving consideration bI the Colonial
Office", it will be recalled that at the above-
mentioned Conference of Colonial Government
Statisticians, it was agreed that a uniform
layout of tade Accounts was not essential at
the present time, although some deLree of
regional uniformity was desirable" (paragraph
26 of the Report of the Conference).
10. The Report, is now to be considered by
the Legislatures. I realise, of course, the very
substantial task they already have in hand in
their examination of the two other Reports
mentioned in paragraph 2 above: but I hope
that it will be possible for them to address them-
selves to the study of this Report in the near
future, and I shall await the outcome of their
deliberations with great interest. The decision
as to whether or not a customs union shall be
established rests primarily with them; and His
Majesty's Government does not wish to prejudge
or influence their decision. The Legislatures
may find it convenient to confine themselves for
the time being to the consideration of the main
issue, namely, the desirability and practicability
of establishing a Customs Union in the light of
the arguments and factors set out in the Report.
If, as I hope may be the case, they all agree to
the establishment of such an Union, I would
suggest that the details might le worked out
by a committee containing representatives of
the various territories, possibly the proposed


I February. 1951.]







THE LEEWARD ISLANDS GAZETTE.


region 11 economic committee, referred to in my
despatch No. 86 of the 17th November, 1950,
if it is decided to establish that body. Mean-
while, if there is any assistance which I can
render to governments in this matter by way
of advice or in any other form, I shall be most
willing to give it.

11. I am sending copies of this despatch
to all West Indian Governors, and also, for
information, to the Comptroller of the Develop-
ment and Welfare Organisation and to the


Colonial Attachi
Washington.


at the British Embassy,


I have the honour to be,
Sir,
Your most obedient,
humble servant,


J. GRIFFITHS.
Governor,

K. W. Blackburne, Esq., C.M.G., O.B.E.,


etc.,


etc.,


BY THE GOVERNOR'S DEPUTY


BY THE GOVERNOR'S DEPUTY
OF THE LEEWARD ISLANDS.

A PROCLAMATION.

P. D. MACDONALD,

Governor's Deputy.

WHEREAS by section 3 of the
Interpretation of Laws (Amendment)
Ordinance, 1950 (No. 2/1950) it is
provided that the said Ordinance shall
come into operation on a date to be
appointed by the Governor by procla-
mation in the Gazette.

NOW, THEREFORE, I. PATRICK
DON ALD) MACDONALD, Governor's
Deputy (of the Leeward Islands, do by
this my proclamation declare that
the said Ordinance shall come into
operation on the 25th day of January,
1951.

AND aill His Majesty's loving sub-
jects in tile Presidency of St. Christo-
pher, Novis and Anguilla and all
others w-hom it may concern are
herely reqiuied to take ldue notice
hereof and to give their ready obedi-
ence accordingly.

GIVEN at the Government House,
A 1ii'n ,a. this 25th (lay of
January, 1951, and in the fif-
teenth year of His Majesty's
reign.

GOD SAVE THE KING!




The Governor's Deputy has been
pleased under Section 3 of the Lee-
ward Islands Quarantine Act, 1944, as
amended by Leeward Islands Act No.
10 of 1950, to appoint Dr. W. T.
JOSEPH, Medical Officer, Virgin
Islands, to be the Quarantine Authori-
ty for that Presidency from the 1st
of January, 1951.

Colonial Secretary's Office,
Leeward Islands,
at Antigua.
24th January, 1951.


The Governor's Deputy has been
pleased under Section 3 of the Lee-
ward Islands Quarantine Act, 1944,
as amended by Leeward Islands Act
No. 10 of 1950, to appoint Dr. W. B.
R. .ONES, Medical Officer in Admin-
istrative Charge, Montserrat, to be the
Quarantine Authority for that Presi-
dency from the 1st of January, 1951.

Colonial Secretary's Office,
Leeward Islands,
at Antigua.
31st January, 1951.



The Governor's Deputy has been
pleased under Section 3 of the Lee-
ward Islands Quarantine Act, 1944, as
amentwed by Leeward Islands Act No.
10 of 19I50, to appoint Dr. P. I. BOYD,
Medical Officer of Health, St. Kitts,
Nevis and Anguilla, to be the Quaran-
tine Authority for that Presidency
from the 1st of January, 1951.

Colonial Secretary's Office.
Leeward Islands,
at Antigua.
31st January, 1951.


The Governor's Deputy has been
pleased to approve of the award of the
Police Long Service and Good Con-
duct Medal to Police Sergeant J. S.
BARTLEY of the Leeward Islands
Police Force.

Colonial Secretary's Office,
Leeward Islands,
at Antigua,
25th January, 1951.




No. 10.

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

BURNHAM, R. A., to be Assistant
Superintendent of Police. Jan. 13


CONFIRMATION OF ORDINANCES.
No. 11.

The Secretary of State has informed
the Governor that the KING will not
be advised to exercise his power of
disallowance of the undermentioned
Act of tht General Legislative Coun-
cil of the Leeward Islands:-
No. [3 of 19.50, The Appro-
priation (1951) Act, 1950".
Ref. 47/l00033.

In the Supreme Court of the
Windward Islands and
Leeward Islands.
ST. CHRISTOPHER CIRCUIT.

Notice is hereby given tlhat in pur-
suance of Rules made Iy tLih Chief
Justice under Section 1( of the Wind-
ward Islands and Lee\wrd Islands
(Courts) Order in Council, 1939, and
duly approved as therein provided on
the 1ith day of October, A. D. 1941,
His Honour the Puisne Judge select-
ed for the sitting of the Court in the
Saint Christopher Circuit has appoint-
ed the day of the month on which the
ensuing Court shall sit as follows,
that is to say:-
The St. Christophcr Circuit on
Wednesday the 21st day of February,
1951, at 10 o'clock in the forenoon.
Dated the llth day of January,
1951.
N. A. BERRIDGE,
chief f Registrar.


REGISTRAR GENERAL'S OFFICE,
ANTIGUA.
In accordance witl the provisions
of Section 1; of The Marriage Ordi-
nance, 1923, the following Build-
ing has been registered in the
Presidency of Antigmua as a building
where Banns of Marriage may be
published.
The Bethel Gospel Hall at St.
Johnston's Village INad.
Dated this 27th lay of January,
1951.
N. A. BERRIDGE,
lR' i.sh ar-General.
RAINFALL FIGURES.
Central Experiment Station,
Antigua.

1947. 1 1,- 49 1 95 0. 1951.
January 27 3"70 2 54 95 4158 2-95


[I February, 1951..







1 February, 1951.]


THE LEEWARD ISLANDS GAZETTE.


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

(ANTIGUA CIRCUIT.)


Plain tiffs.


Defendants.


COLONIAL MINERALS, LIMITED
'V.

JOSEPH DEW & SON, LIMITED
(1949-No. 17, Antigua)

Before: MANNING, Acting P.J.

1951--January 18.

C. A. KELSICK for the plaintiffs

S. T. CHRISTIAN for the defendants.


MANNING Acting P.J.
1. The defendants, JOSEPH DEW & Son, Ltd., are
the proprietors of a plantation in Antigua known as
Belmont and Drews Hill, and as from the 1st July, 1941,
they leased the plantation to one GOODWIN for a period
of 10 years, with a right of renewal for 15 years. The
proposal of the lease was to enable the tenant to mine for
barytes. The tenant had the right to assign and on the
14th January 191,2, h3 transferred the lease to the plain-
tiffs, Colonial Minerals, Ltd.

2. Part of clause 7 (3) of the lease was as follows:-
It is hereby expressly agreed that if the tenant
shall at any time during the term hereby granted
cease to work the demised mine for a period of
twelve succs.-ive calendar months (unclh cessation
not being due to accidents labour disputes or any
unavoidable occurrence) it shall be lawful for the
landlord at any time thereafter upon the demised
premises and mine or any part of them in the name
of the whole to re-enter and thereupon this demise
shall absolutely determine."

3. Oa the 9th September, 1949, the defendants re-
entered into possession of the demised premises on the
ground that the plaintiffs had ceased to work the mine
for a period of twelve successive calendar months. The
present action is bronuht by the plaintiffs to challenge
the action of the defendants in re-entering and to ask for
relief in case that challenge fails.
4. The plaintiffs deny that they had ceased to work
the mine for a period of twelve successive months. The
only evidence on this point is that of McGINLEY, the
plaintiffs' manager. From some time in May, 1948, to
August 12th, 1948. the Boyle Drilling Co of Vancouver
conducted operations on the site. They were not mining
in the sense of extracting ore but were drilling to see
what quantity of barytes was available. It was found
that the drill was not large enough and they ceased
operations. From that time, August 12th, 1948 until the
re-entry of the defendants on September 9th. 1949, the
only work done on the site wa:s in February, 1949. Two
men were then employed fo. i wo weeks in digging and
heaping barytes. They lng and heaped about 3 tons. It
was left where it was heaped, and it is there still.
5. This work was done within the twelve months
preceding the re-entry of the defendants and Mr. KELSICK,
for the plaintiffs says that his clients therefore had not
ceased to work the mine. Mr. CHRISTIAN, for the defend-
ants, says that this sudden scraping up of three tons in
February, 1949, was not working the mine, and should
not he considered as breaking the twelve months'
cessation.

6. No authority was cited by either counsel. My
own researches resulted in my finding one authority only.
viz., Doe d. Bryan v. Bancks, 1821, 4 R and Ald.. 401
referred to in footnote (q) p. 611 of Halsbury, 2nd Ed.,


Vol.22. It was reported at p. 984, English Reports, Vol.
106. In that case there had been a lease of a coal mine
in 1802 for 99 years. There was a provision that if the
works should stop or cease working at any time two
years the lease was to be deemed void. The mine was
worked until 1813 and then abandoned; but in order to
preserve the lease, a few tons of coal were raised in 1815,
1817 and 1819. The landlord sought to forfeit the lease.
A Jury had found that since 1813 the workings hadl been
temporary, collusiva and fraudulent. At an early stage
in the hearing the Court intimated that it agreed that the
working of the mine must be bona fide, as the rent
depended on the amount of coals raised. This was ampli-
fied by BEST, J., at p. 987, where he said The rent was
to depend on the number of tons of coals raised. In
order to derive any benifit from the mine, it was the
object of the landlord, by introducing this clause, to com-
pel the tenant to work it. The clause therefore was
introduced solely for the benefit of the landlord, to enable
him in case of a cesser of work, to take possession of the
mines, and either work them himself, or let them to som.
other tenant ". The lease was held to be forfeited.

7. In the present case the rent reserved was not
large, but the defendants were entitled to a royalty of at
least $L for every ton of barytes mined and exported.
The observations of BEST, J., in the case just cited apply
with equal force. What amounts to a cessation of work is
a question of fact depending on the circumstances. In
the case cited it was clear that there had been a mere
pretence at working the mine in order to preserve the
lease, and there was no difficulty in deciding that the
works had ceased working for two years. In the present
case there was a mere fortnight's work in the period from
August 12th 1948 to September 9th 1949; the small
quantity of barytes dug up was not used. It might be
assumed that this was done merely to prevent forfeiture
under the clause; but. even without such an assumption,
the relevant part of the clause must le construed in a
reasonable manner; and I have no difficulty in finding
that the plaintiffs had ceased to work the mine for twelve
successive calendar months, and I agree vith Mr.
CHRISTIAN that this two weeks' interlude of nnremunera-
tive activity cannot reasonably be regarded as breaking
the period. The defendants had the right to re-enter and
to determine the demise.

8. Mr. KELSICK'S next point depends on sec. 9 (1)
of the Law of Property Amendment Act, Cap. 93
(Leeward Islands). This is as follows:-
"A right of re-entry of forfeiture under any
proviso or stipulation in a lease, for a breach of
any covenant or condition in the lease, shall not be
enforceable, by action or otherwise, unless anti until
the lessor serves on the lessee a notice specifying the
particular breach complained of, and, if the breach is
capable of remedy, requiring the lessee to remedy the
breach, and, in any case, requiring the lessee to mike







THE LEEWARD ISLANDS GAZETTE.


compensation in money for the breach, and the lessee
fails, within a reasonable time thereafter, to remedy
the breach, if it is capable of remedy, and to make
reasonable compensation in money, to the satisfaction
of the lessor, for the breach".

9. This is a reproduction of sec. 14 of the English
Conveyancing Act, 1881, now sec. 146 of the English Law
of Property Act, 1925. Its object was clearly to curb
landlords in insisting on their rights of re-entry and
forfeiture accruing from breaches of covenants by tenants.
In what seemed reasonably clear terms it provided that in
all cases the tenant should be given the opportunity of
paying compensation for the breach and that if such
compensation was paid to the satisfaction of the lessor
there should be no re-entry and no forfeiture. But it had
not long been enacted when another construction, unfa-
vourable to the tenant, was placed on its words. It was
held that the words requiring the lessee to make com-
pensation in money for the breach apply only where the
lessor wants compensation, this construction putting back
into the hands of landlords the power to insist on re-entry
and forfeiture, where the breach is incapable of remedy.
(Rugby School Governors v. Tannahill 1935 1 K. B. 87
and the cas-s therein cited). One learned Judge asked
" Why should the landlord ask for compensation if he
doesn't want it "? The answer was that the statute law
said he must ask for compensation before insisting on his
right of re-entry. The construction placed on the words
dates back to the decision of Lock v. Pearce (1893, 2 Ch.
279); and it is too late now for a Court in the Colonies to
construe them in any other way.

10. The defendants gave notice to the plaintiffs on
9th September, 1949, and re-entered the same day. In
conformity with the decision referred to in the last para-
graph they omitted any request for compensation. Nor
did they include any request to remedy the breach. Mr.
KELSICK said the breach was capable of remedy, Mr.
CHRISTIAN said it was not. A number of authorities
were cited. They mostly related to cases where the
breaches were concerned with tenants keeping brothels
and running gaming houses, and are of no assistance in
the present case. Mr. CHRISTIAN referred me to Jacob
v. Down 1900. 2 Ch. 156, where it seems to have been held
that if a covenant to build within twelve months is broken,
it is incapable of remedy. The question is generally one
solved by ordinary reasoning; while there may be doubt
as to whether a tenant can remedy the keeping of a disor-
derly house by ceasing to do so; there can be no doubt
that it was impossible for the plaintiffs to put the clock
back and work the mine properly for the twelve months
preceding September 9th 1949. That was the breach; on
September 9th 1949 it was incapable of remedy; and there
was no necessity for the defendants to insert in the notice
a requirement for its remedy.


11. The next point taken by Mr. KELSICK relates to
section 3 of the Minerals Vesting Ordinance (Antigua,
No. 1 of 1949). That section reads:-"lIt is hereby
declared that all minerals being in on or under any land
of whatsoever ownership or tenure are vested in and are
subject to the control of the Crown ". Section 4 provides
that no person shall mine any minerals except by
authority of a licence granted by the Governor-in-Coun-
cil; and on May 3rd, 1949, the plaintiff.; obtaine-l such a
licence. Mr. KELSICK .aid that under section 3 the
reversion of the demised mine was vested in the Crown
and that therefore the defendants no longer stood in the
position of landlords. This is to read into the section
more than it contains. What are vested in the Crown are
the minerals; the ownership of land, apart from minerals,
is not affected. Mr. CHRISTIAN has also drawn attention
to section 9 of the Ordinance Save as regards the pay-
ment of royalties as provided for in section 5, nothing in
this Ordinance shall affect the terms and conditions of
any mining lease entered into before the coming into
operation of this Ordinance ". This submission by Mr.
KELSICK is not of any assistance to the plaintiffs.

12. The challenge to the action of the defendants
has not been successful and Mr. KELSICK falls back on
the discretion of the Court to grant relief under section 9
(2) of the Law of Property Amendment Act. The words
are "The Court may grant or refuse relief, as the Court,
having regard to the proceedings and conduct of the
parties under the foregoing provisions of this section, and
to all the other circumstances, thinks fit ". I do not find
anything in the proceedings, or the conduct of the parties
under the section, which can help to guide my discretion
in this matter. But there are important circumstances
adduced in evidence which I take into account. The
plaintiffs have no office in the island; they have no
buildings on the mining site: they have no mining
machinery there; their production figures are so low that
one may infer that they have never taken the business of
mining seriously. In 1947 and 1948 they employed an
engineer but with inadequate equipment: in 194& they
employed a drilling company, again with inadequate
equipment. From August 1948 to September 1949 they
may be said to have completely abandoned any attempt
to work the mine. There has not been the slightest
suggestion that, if granted relief, they are in a position to
enter at once and undertake the business of mining in an
efficient and workmanlike manner. I cannot conceive of
any case in which plaintiffs cut a more sorry figure in
asking relief from the Court, and I must emphatically
refuse it.
13. On the findings of law and fact there will be
judgment for the defendants, with costs.
R. J. MANNING,
Acting Puisne Judge.
30th January, 1951.


[I February, 1951.






1 February, 1951.1


REGISTER OF TITLES.


THE LEEWARD ISLANDS GAZETTE.

Colony of the Leeward Islands.

Title by Registration Act.

SCHEDULE OF APPLICATIONS


ANTIGUA CIRCUIT.


For Certificate of Title and Notings thereon, and Caveats for the week ending the 20th day of
January, 1951.


Date of Request.


17th day of
January 1951


Person Presenting.


Henry Darrel Carlton Moore of
Lower Gamhles in the Parish of
Saint John in the Island of Anti-
gua t y his Solicitor, John
Rowan Henry of Chambers,
Church Street in the City of
Saint John in the Island of
Antigin.


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


Certificate of Title for All that piece or parcel of
lanl situate in Church Street in th:e City of
Saint John in the Island of Antigua, comprising
One thousand, nine hundred (1,900) square
feet all as the same are delineated in the plan of
the said land dated the 9th day of January,
1951, and drawn by Ernest Alexander Govia,
Licensed Surveyor.


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

Dated the 23rd day of January, 1951.

N. A. BERRIDGE,
Registrar of Titles.

































ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E. M. BLACKMAN,
Go, ernment Printer.-By Authority.
1951.
fPrice 2d.1




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