Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00102
 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: VID00102
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









LEEWARD ISLANDS


GAZETTE

SublisfJet bp authority.


THURSDAY, 17TH MAY, 1951.


No. 30.


Notices.

EMPIRE DAY MOVEMENT
(Non-Party, Non-Sectarian and
Non-Racial)
Patron:
HIS MAJESTY THE KING.
Vice-Patron:,
The Rt. HON. WINSTON CHURCHILL,
P.O., O.M.; M.P. ,


EMPIRE DAY MESSAGE.
From

THE RT. HON. THE EARL OF GOWRIE,
V.C., P.O., G.C.M.G., C.B., D.S.O.,
President.
Once again it is my privilege, and
my honour, to send you a message
for Empire Day but, to my regret, I
have to do so when world conditions
continue in an unhappy, unsettled
and dangerous state. At such a time
the maintenance of the wonderful
partnership which exists between the
various countries which make up the
Commonwealth and Empire is of
paramount importance.
To foster and improve mutual
understanding between the many
different races to be found in this
large family is the task for which
this Movement was founded. I can
truthfully say that much has been
accomplished bnt I cannot stress too
strongly the urgency for continuing
our work, consolidating past achieve-
ments and making progress in those
areas as vet little touched.
This is particularly important and
immediate at the present time, when
rapid political change is being made
within the Commonwealth and
Empire whilst world conditions re-
main so difficult and uncertain.
I am most grateful to all friends
and supporters for their past assis-
tance and I confidently appeal to you
all, at this critical time, to continue
your efforts and strive to achieve the
aims and principles for which the
Movement stands, the maintenance of
/peace and the furtherance of world
prosperity.

3187


I wish you all God-speed and suc-
cess in your endeavour.

GOWRIE.
Empire Day, 1951.

EMPIRE DAY MOVEMENT.


(Non-Party, Non-Sectarian and
Non-Racial)

Patron:
HIS MAJESTY THE KING.

Vice-Patron:

The Rt. Hon. WINSTON CHURCHILL,
P.C., O.M., M.P.



1951

EMPIRE DAY MESSAGE
From

THE RT. Hon. THE EARL OF GOWRIE,
V.C., P.O., G.C.M.G., C.B., D.S.O.,
President.


TO THE YOUTH OF THE
BRITISH EMPIRE
To each of you I send this message
at a time when you must hear and
see many things which may sadden
you.

It is true that the peace in which
you had hoped to grow up has not
yet.come about nor can we be sure
when this will be. But it is also true
that many of you, the young people
of the British Commonwealth and
Empire are, through your friendships,
learn g the great truth that distance
and a different way of life need not
divide you.
Take courage, be brave and remem-
ber that you are met together this
day with the children of many races,
to celebrate Empire Day and our
common brotherhood.


Empire Day, 1951.


BY TH GOVRNOR F TH


BY THE GOVERNOR OF THE
LEEWARD ISLANDS.

A PROCLAMATION.
K. W. BLACKBURNE,
Governor.

WHEREAS by section 19 of the
Antibiotics and Therapeutic Sub-
stances Act, 1950 (No. 9 of 1950) it is
provided that the said Act shall come
into operation on a date to be appoint-
ed by the Governor by Proclamation
in the Gazette.
NOW, THEREFORE, I, KENNETH
WILLIAM BLACKBURNE, a Compan-
ion of the Most Distinguished Order
of Saint Michael and Saint George an
Officer of the Most Excellent Orderl
of the British Empire, Governor and
Commander in Chief in and over the
Colony of the Leeward Islands and
Vice Admiral of the same, do by this
my proclamation declare that the said
Act shall come into operation on the
1st day of June, 1951.
AND all His Majesty's loving sub-
jects in the said Colony and all others
whom it may concern are hereby
required to take due notice hereof
and to give their ready obedience-
accordingly.
GIVEN at the Government House,
Antigua. this 9th day of May,
r 1951, and in the fifteenth year of
His Majesty's reign.
GOD SAVE THE KING !

(The Town and Planning Ordi-
nance, 1948, No. 4 of 194.'
Section 5 (2) ).


The public are hereby notified that
the following resolution was passed
at a meeting of the Central Housing
and Planning Authority, held on
30th April, 1951.
"BE IT RESOLVED that the
Central Authority, under Section 5
(1) (a) of the Town and Country
Planning Ordinance, 1948, No. 4 of
1948, hereby decide to prepare a
scheme with respect to the Presi-
dency of Antigua as a whole."
S0 'ar


s. .. jRON.
(Acting) Secretary and Executive
GOWRIE. Officer, Central Housing & Planning
Authority.
Ref. No. A. 5676.









THE LEEWARD ISLANDS GAZETTE.


The Administrator of Antigua has
accepted the resignation of Rev. E. M.
HELLIER as a Marriage Officer for
the Presidency of Antigua.

The Administrator of Antigua has
been pleased to appoint Rev. JAMES
DAVISON to be a Marriage Officer
for the Presidency of Antigua.
Administrator's Ofice,
Antigua.
14th May, 1951.
Ref. No. A. 324.

No. 43.
Appointments and transfers, etc.,
in the public service, with effect from
the dates stated, are published for
general iniormation:-
ARCHIBALD, A., to be Uncertificated
Teacher, Education Dept., Antigua.
Jan. 1
BURTON, Miss M., to be Uncertificated
Teacher, Education Dept., Antigua.
Jan. 1
DAVID, Miss S. R. O., Certificated
Teacher, Class II, Education Dept.,
Antigua, to be Certificated Teacher,
Cl. I, Education Dept., Antigua.
May 1
DAVIS, Miss I., Uncertificated Teach-
er, Education Department, Antigua,
resigned appointment. Apr. 30
GORDON, S., to be Uncertificated
Teacher, Education Dept., Antigua.
May 1
HBNRY, Miss G., to be Uncertificated
Teacher, Education Dept., Antigua.
Jan. 1
HENRY, Miss O., to be Uncertificated
Teacher, Education Dept., Antigua.
May 1
KNOWLES, J., to be Uncertificated
Teacher, Education Dept., Antigua.
Jan. 1
MASSIAH, G., Uncertificated Teacher,
Education Dept., Antigua, to be
Certificated Teacher, Class II,
Education Dept., Antigua. May 1

PERRY, Miss C., to be Uncertificated
Teacher, Education Dept., Antigua.
Jan. 1
SMITH Miss D., to be Uncertificated
Teacher, Education Dept., Antigua.
Jan. 1
SWIFT, Miss H., to be Uncertificated
Teacher, Education Dept., Antigua.
Jan. 1
TONGE, E., to be Uncertificated
Teacher, Education Dept., Antigua.
Jan. 1


CONFIRMATION OF ORDINANCDS.

No. 44.
* 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 the Leeward Islands:-

No. 9 of 1950, The Antibiotics and
Therapeutic Substances Act, 1950".
Bef. 47100031.


In the Supreme Court of the
Windward Islands and
Leeward Islands.
ANTIGUA CIRCUIT.
A.D. 1951.


Notice is hereby given that in pur-
suance of Rules made by the Chief
Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts) Order in Council,
1939, and duly approved as therein
provided on the 16th day of October,
A.D. 1941, His Honour the Chief
Justice selected for the sitting of the
Court in the Antigua Circuit has
appointed the day of the month on
which the ensuing Circuit Court shall
sit as follows, that is to say:-

The Antigua Circuit on Wednesday
the 23rd day of May, 1951, at 10
o'clock in the forenoon.

Dated the 12th day of April, 1951.
N. A. BERRIDGE,
Registrar of the Supreme Court.

REGISTRY OF THE SUPREME COURT,
19th April, 1951.
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
21st day of May, 1951, at 10 o'clock
in the forenoon for the purpose of
hearing the undermentioned appeal.

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


Appellant.

STANLEY WALTER


Respondent.

WALTER L.
MAGUIRE
(City Clerla).


By Order,

N. A. BERRIDGE,
Registrar of the Appeal
Court of the Windward
Islands and Leeward
Islands Antigua Cir-
cuit.


In the Matter of the estate of MIRIAM
CHARLES, deceased.

(UNREPRESENTED)
To all Creditors of the above Estate.
You are hereby notified that you
are to come in and prove your debts
and file your claims at the office of
the Administrator of Estates at the
Court House in the town of Basseterre
in the Island of Saint Christopher
against the said estate.

Creditors resident within the Col-
ony of the Leeward Islands are to file
their claims within four months after
the 4th day of May, 1951.


Creditors resident out of the said
Colony are to file their claims within
eight months from the said 4th day of
May, 1951.
AND FURTHER TAKE NOTICE
that any creditors failing to file their
claims within the time above specified
will be excluded from any benefit
arising from the said Estate.

ALL PERSONS indebted to the
said deceased are requested to pay the
amount of their respective debts to
me.
Dated the 5th day of May, 1951.

D. S. BROOKS,
Administrator of Estates.
36100002.


Agricultural Scholarship Ten-
able at the Imperial College
of Tropical Agriculture.


1. Applications are invited for a
scholarship at the Imperial College
of Tropical Agriculture, Trinidad, to
be nominated by the Government of
the Leeward Islands.

2. Applications must be submitted
to the Colonial Secretary through
(a) The headmaster of the school
at which the applicant is being or
has been taught,
or (b) through the Administrator or
Commissioner of the Presidency
concerned,

before the 9th June, 1951.
3. The successful candidate will be
required to sign an undertaking to
serve for three years in a Government
Post in the Leeward Islands upon
the successful completion of his course
of study if offered suitable employ-
ment.


Colonial Secretary's Ofice,
Leeward Islands,
at Antigua.
8th May, 1951.
CS.O. M.P. 28100009.


WEIGHTS AND MEASURES.


The Inspector of Weights and
measures shall attend for the purpose
of examining, weighing and stamping
Weights and Measures and Weighing
Instruments at the following times
and places:-
(1) At the Police Station, Parham,
on Tuesday the 5th June, from 10a.m.
to 4 p.m.

(2) At the Police Station, Willikies,
on Thursday the 7th June, from 10
a.m. to 4 p.m.
(3) At the Police Station, Bolans,
on Tuesday the 12th June, from 1i
a.m. to 4 p.m.


[17 May, 1951.


108








THE LEEWARD ISLANDS GAZETTE.


(4) At the Police Station, All Saints,
on Thursday the ltlh Jaune, from 10
a.m. to 4 p.m.
(5) In the City of St. John at the
Police Station on the 18th, 19th, 20th,
21st and 22nd June, from 10 a.m.
to 4 p.m.
Provided that should any of the
-days prescribed above for the Inspec-
tor's attendance at Parham, Willikies,
Bolans and All Saints fall on a Rank
Holiday, the Inspector shall attend
on the following day instead.
J. E. BYRON,
Inspector of Weights and Measures.
Police Headquarters,
Antigua,
1st May, 1951.


Notice to Mariners.
West Indies, Antigua.
BUOY MISSING FROM
STATION.
The Nun Buoy moored near the
South-west edge of Warrington Bank
off the Port of St. John's, Antigua, is
missing from Station.

Charts affected: Admiralty Nos.
918, 2065.
V. C. BLANCHARD,
Harbour Master.
Harbour Department,
25th April. 1951.
Ref. No. A. 2018.


RAINFALL FIGURES.
Central Experiment Station,
Antigua.

1947. 1948. 1949. 1950. 1951,
January 3-97 2'82 1'50 5-41 3'"6
February '57 '57 2"07 2'52 1'88


M arch
April


a59 1-89 5-52 1'58 1-09
'67 "59 3'54 2"44 2'16


May 12 '85 1-05 1'53 '12 1.88


665 6'92 14'16 12-07 10-61


Jn the Court of Summary Jurisdiction of the Windward Islands
and Leeward Islands.
(Appellate Jurisdiction.)
MONTSERRAT CIRCUIT.

ON APPEAL FROM THE DECISION OF THE MAGISTRATE OF DISTRICT "I".


Appeal No. 211950.


The Assistant Superintendent of Police,
and


MARY MEADE,


Appellant.


Respondent.


JUDGMENT.

This is an appeal by way of Case Stated from a decision of the learned Magistrate of District
"'I" dismissing a complaint by the appellant that the respondent on the 28th day of September, 1950,
at Bethel Estate in the Magisterial District I did unlawfully steal certain praedial produce, to wit:
a quantity of seed cotton value 92 cents the property of Wade Plantations Limited then growing on
lands in the lawful occupation of the said Wade Plantations Limited, contrary to section 7 (1) of the
Larceny (Protection of Praedial Produce) Act, 1949 (L. Is. No. 18 of 1949).
2. In the case stated by him the learned Magistrate found the following facts to be proved or
Sadmitted:-

(1) on the 28th day of September, 1950, the respondent reaped from cotton plants grow-
ing on Bethel Estate in Magisterial District I" 4 lbs. of seed cotton;
(2) the respondent in so doing acted by the command and authority and for the benefit
of her brother John Edward Morson;
(3) Bethel Estate is the property of Wade Plantations Limited;

(4) the l:;.d on Bethel Estate on which was growing the cotton plants from which was
reaped the said 4 lbs. of seed cotton was land given to and held by the said JOHN EDWARD
MORsoN as a share cropper on Bethel Estate;

(5) the said land on Bethel Estate, which for convenience is termed share cotton land
was given to JOHN EDWARD MoRSoN for the purpose of growing cotton;
(6) that the terms on which the said share cotton land was given are that-
(i) during the subsistence of the holding the share cropper has exclusive enjoyment
of the land, subject to his planting cotton only on the land;
(ii) the crop of seed cotton may be reaped by no one but the share cropper himself
or such persons as he authorises or permits to reap the said cotton.

(iii) the cotton so reaped must be delivered to the owner of the estate or his repre-
sentatives for the purpose of weighing, marketing and realising the proceeds of
the same, and


Between:-


17 May, 1951.]








THE LEEWARD ISLANDS GAZETTE.


(iv) the said proceeds are thereafter accounted for and shared between the owner and
the share cropper on a basis well recognized and agreed to by the parties.
(7) that it was the intention of the respondent not to deliver the said 4 lbs. of seed cotton
to Wade Plantations Limited but that she was carrying the same away from Bethel Estate
yard in breach of the share cotton conditions.
3. On these findings of fact, it was contended on behalf of the appellant that the respondent
should have been convicted of the stealing with which she was charged.
4. It appears clear from the evidence that at the relevant time John Edward Morson
was a tenant of the land at Bethel Estate on which he grew cotton and was let into possession on
condition that a part of the proceeds of the crop derived from his holding should be the rent or
consideration for the contract of tenancy and that the said John Edward Morson as such tenant
had the exclusive possession of the said land and, consequently of the crops thereon, while they
remained unsevered from the land. In the opinion of this Court, it therefore follows that the true
relationship between Wade Plantations Limited and the said John Edward Morson is that of
landlord and tenant (see Judgment in case of Abraham Murraine vs. Wade Plantations Limited
in L. Is. Gazette No. 45 of 2nd June, 1949, page 141).
5. It was admitted that the respondent in reaping the cotton seed alleged to have been
stolen acted as the agent of the said John Edward Morson and on his order and on his behalf.
6. In the above circumstances, I entirely agree with the learned Magistrate that the
said seed cotton at no time came into the possession, actual or constructive, of Wade Plantations
Limited and that John Edward Moron had exclusive possession of the same up to and at the
material time. It may verygwell be that John Edward Morson was guilty of the breach of
a contractual obligation in not delivering the 4 lbs. of seed cotton to Wade Plantations Limited
or its representative for the purpose and in accordance with the terms of the share cotton
agreement, but that is beside the, point. This Court holds that the respondent did not take the
seed cotton in question from the possession of the said Wade Plantations Limited and that there
was no stealing thereof.

7. It was urged, with some sublety, by Counsel for the appellant that whilst the relation-
ship between Wade Plantations Limited and John Edward Morson may be that of landlord and tenant
asregards the land rented by the latter under the terms of the share cotton agreement, the cotton seed
reaped from the land was part owned by Wade Plantations Limited and therefore in view of the finding
of fact of the learned Magistrate set out in paragraph 2 (7) above, the respondent was guilty of stealing
under the provisions of the Proviso to section 3 (1) of the Larceny Act, 1944 (L. Is. No. 24 of 1944).
A close scrutiny of that submission, however, reveals it to be fallacious. In the first place the charge
in this case having been laid under section 7 (1) of L. Is. Act No. 18 of 1949 the definition of steal-
ing in an Act separate and distinct therefrom, and not made specifically to apply thereto, can have
no application to the question under consideration. Again it appears to this Court that the submission
can only apply to cotton seed after its severance from the land, whilst the offence created by the section
under which the present charge is-brought, namely:-section 7 (1) of L. Is. Act No. 18 of 1949, is
that of stealing any predial produce wheresoever growing, cultivated or planted. In addition the charge-
laid against the respondent was for stealing certain predial produce to wit: seed cotton, the property of
Wade Plantations Limited, then growing on lands in the lawful occupation of the said Wade Planta-
tions Limited.

8. Though not arising out of the Case Stated, the learned Magistrate in his Reasons for
Decision expressed some doubt as to cotton seed falling within the definition of praedial produce in
section 2 of L. Is. Act No. 18 of 1949. Though at one time sharing the learned Magistrate's hesitancy
on the point, having regard to the evidence of Assistant Superintendent South\\ell on the question and
the comprehensive definition to which reference is made above, this Court tdak:i. the view that cotton
seed may be included therein.
This Appeal is dismissed.
ALEX. R, COOLS-LARTIGUE,
Puisne Judge of the Supreme Court of the Windwarc~
Islands and Leeward Islands.
27th March, 1951.



ANTTGUA.
Printed at the Government Printing Offie, Leeward Islands, by E. M. BLACKMAN
Government Printer.-By Authority.
1951.
[Price ld.]


[1.7 May, 1951.




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