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Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00104
 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: VID00104
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 115
        Page 116
        Page 117
        Page 118
        Page 119
        Page 120
    Antigua - Statutory Rules and Orders, No. 3 of 1951: Importation of Animals (Amendment) Rules, 1951
        Page A-1
    Montserrat - Bill: Turtle Ordinance, 1951
        Page B-1
        Page B-2
        Page B-3
Full Text






115


THIE LEE4ArD ISLANDS


GAZETTE

Otublihbeb bp IutIlority.


VOL. LXXVIX.


THURSDAY, 31sT MAY, 1951.


By His Excellency KENNETH
WILLIAM BLACKBURNE,
Esquire, a Companion of
the Most Distinguished
Order of Saint Michael
and Saint George. an Offi-
cer of the Most Excellent
Order of the British Em-
pire, Governor and Com-
inander in Chief in and
over the Colony of the
Leeward Islands and Vice
Admiral of the same.
To:
Sir CLEMENT MALONE, Officer of
the Most Excellent Order of the
British Empire, FRANK LESLIE
WALCOTT, Esquire, and RICHARD
BUSWELL ALLNUTT, Esquire.

WHEREAS a trade dispute now
exists between the Antigua Trades
and Labour Union and the Antigua
Employers Federation:
AND WHEREAS there have
during the year 1951 been various
disputes which have disrupted indus-
trial relations in the Island of Antigua.
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 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, in exer-
cise of the powers conferred upon
me by section 8 of the Trade Disputes
(Arbitration and Inquiry) Act, 1939,
do hereby refer the disputes afore-
mentioned to a Board of Inquiry and
do hereby appoint a Board of Inquiry
to consist of you the said Sir
CLEMENT MALONE, O. B. E., as
Chairman and you the said FRANK
LESLIE WALCOTT and RICHARD
BUSWELL ALLNUTT with the follow-
ing terms of reference, that is to say,
to inquire into the causes of the
various disputes which have occurred
during the present year and have
disrupted industrial relations in the
Island of Antigua; and to report
thereon to the Governor and to sub-
mit to him such conclusions, recom-
mendations and observations as the
Board may see fit.
Dated at the Government House,
Antigua, this 25th day of
May, 1951.
' K. W. BLACKBURNE.
/ *Governor.


K. W. BLACKBURNE,
Governor.
By His Excellency KENNETH
WILLIAM BLACKBURNE, a
Companion of the Most Distin-
guished Order of Saint Michael
and Saint George and an Offi-
cer 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.

A PROCLAMATION !
WHEREAS by subsection (1) of
section 3 of the Burial Grounds Ordi-
nance, 1926, (No. 6 of 1926) it is
ordained that the Governor in Coun-
cil may by Proclamation licence as a
public or private burial ground any
parcel of land not being within the
city of Saint John, which may be
required for that purpose:
AND WHEREAS a certain piece
or parcel of land, situate lying and
being at Matthews Estate in the
Parish of Saint John in the Presi-
dency of Antigua measuring from
East to West one hundred feet and
from North to South two hundred
feet and butted and bounded on the
North by All Saints Village, on the
South and West by lands of Matthews
Estate and on the East by a road, or
howsoever otherwise butted and
bounded situate lying and being, is
required by the following religious
denominations namely the Salvation
Army, the Seventh Day Adventist
Church and tile Christian Brethren
for the purpose of a burial ground:
NOW THEREFORE the Governor
in Council doth hereby licence the
said parcel of land as a burial ground,
and the same is hereby proclaimed to
be licensed accordingly, and all His
Majesty's loving subjects in the said
Presidency and all others whom it
may concern are hereby required to
to take due notice hereof and to
govern themselves accordingly.
GIVEN under my hand and the
Public Seal of the Presidency of
Antigua, at the Government
House, Antigua, this 29th day
of May, 1951, and in the fifteenth
year of His Majesty's reign.
By His Excellency's Command,
P. D. MACDONALD,
Colonial Secretary.


Notices.

His Excellency the Governor is
glad to be able to announce that the
Antigua Employers' Federation and
the Antigua Trades and Labour Union
have both accepted unconditionally
the proposals made by the Governor
in his statement of the 24th May,
1951, for the resumption of work in
the sugar industry and on the water-
front until the report of the Board of
Inquiry has been considered by both
parties.
Under Section 8 of the Trade
Disputes (Arbitration and Inquiry)
Act, No. 17 of 1939, the Governor has
appointed a Board of Inquiry with
the following membership:-

Sir CLEMENT MALONE O.B.E.,
Chairman.
Members.
FRANK L. WALCOTT, Esq., Secre-
tary of the Barbados Workers'
Union.
The Honourable R. B. ALLNUTT,
Director of Agriculture.
The terms of reference of the
Board of Inquiry are:-
"to inqnire into the causes of the
various disputes which have occur-
red during the present year and
have disrupted industrial relations
in the Island of Antigua; and to
report thereon to the Governor and
to submit to him such conclusions,
recommendations and observations
as the Board may see fit."
The Governor has asked Sir
CLEMENT MALONE and Mr. WALCOTT
to proceed to Antigua as soon as pos-
sible so that the Board can commence
its work without delay.
Administrator's Office,
Antigua.
25th May, 1951.
Ref. No. AC. 1059.

The Governor has been pleased to
appoint Mr. G. E. EDWARDS, Crown
Attorney, St. Kitts-Nevis-Anguilla, to
be a Commissioner of the Supreme
Court of the Windward and Leeward
Islands in the Presidency of St. Kitts-
Nevis-Anguilla.
The Secretariat,
Antigua,
Leeward Islands,
29th May, 1951.
43/00007.


3Z8. 721

L 5/8'7


No. 32.


L ~









THE LEEWARD ISLANDS GAZETTE.


[31 May, 1951.


The Administrator of Antigua
records with regret the death on the
25th May of Miss BEATRICE
WILLIAMS, Female Street Supervisor,
Municipal Department.

SUBSCRIPTION RATES

Leeward Islands Gazette.

It is notified for general informa-
tion that, owing to the great increase
in the cost of paper and other printing
materials, it is necessary to increase
the ra!e of subscription.

The new rates will be as follows:-

$6.00 per annum (British
Common wealth)

$7.20 per annum (Foreign,
including postage).

Commencing from 1st July, 1951,
the new rates will apply to persons
not listed at present as subscribers,
and from 1st January, 1952. the rates
will be applicable to all subscribers.

Subscribers and intending sub-
scribers are directed to note that
subscriptions are payable in advance,
and are therefore requested to pay
the respective amount well in advance
so as to insure despatch to them of
the desired issues.

All amounts should be made pay-
able to:--
THE SUPERINTENDENT,
Government Printing Office,
Leeward Islands,
Antigua.

Sutpt. of Printing Office.
May, 1951.


No. 47.
The following Statutory Rule and
Order is circulated with this Gazette
and forms part thereof:-

Antigua.
No. 3 of 1951, "The Importation
of Animals (Amendment) Rules,
1951."

No. 48.

The following Bill of the Presi-
dency of Montserrat is published
with this Gazette and forms part
thereof:-
The Turtle Ordinance, 1951."


REGISTRY OF TITLES,
ANTIGUA.
28th May, 1951.
With reference to the notice pre-
viously issued it is hereby notified for
general information that the sale of
the property know as Barant Villa "
has been postponed and will now
take place on Thursday the 14th day
June at 2 o'clock in the afternoon at
the Court House.


N. A. BERRIDGE,
Registrar of Titles.


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.

TRADE MARKS OFFICE,

ANTIGUA 30th May, 1951.


LOVENS KEMISKE FABRIK
VEDA KONGSTED of 19 Bron-
shojvej, Copenhagen, Denmark have
applied for Registration of Two Trade
Marks consisting of the following:-


(') LEO


(ii) LEOCILLIN


in Class 3, Medicinal Preparations.

The Applicants claim that they
have used the said Trade Marks in
respect of the said goods for 42 years
before the date of their said Applica-
tion.

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 registration of the said Trade
Marks.

N. A. BERRIDGE,

Registrar of Trade Marks.


Notice is hereby given that a copy
of the list of the original Assessments
of the City Rate for 1951 to which
objections have been taken and
alterations made thereto by the City
Commissioners has this day been
posted up on the outer door of the
Treasury and may be seen at the City
Commissioners' Office.

Notice is also hereby given that
amounts due for City Rate for the
year 1951 must be paid into the
Treasury by the 31st day of August,
1951.

A. Mc P. TAYLOR,
Acting City Clerk.

City Commissioners' Ofice,
Antigua,
21st May, 1951.
Ref. No. A. 580.

Applications are invited for the
vacant post of Labour Commissioner,
St. Vincent.

The post is pensionable and carries
a salary in the scale $2,400-12(-2,880
per annum with Transport Allowance
of $514 per annum and Cost of Liv-
ing Allowance of $253.60 per annum
or at such rate as may from time to
time be prescribed. Quarters are not
provided.

The appointment will )be on proba-
tion for two years in the first instance.
In other respects it will be subject to
Colonial Regulations and 1 local
General Orders. Free first class
passages will be provided on first
appointment for the officer and family
not exceeding five persons in all.

The officer selected will be required
to ensure the proper administration
of all laws relating to labour matters,
to submit recommendations regarding
the conditions of employment of
labourers, to deal with all disputes
between labourers and employers and
to perform any other duties that may
be allotted to him from time to time.

The successful candidate will be
required to pass a medical examina-
tion. He will be subject to taxation
in accordance with local legislation.

Applications should be addressed
to the Administrator of St. Vincent
to reach him not later than 30th June,
1951. Certified copies of testimonials
should be submitted.


RAINFALL FIGURES.

Central Experiment Station,
Antigua.

1947. 1918 1949. 1950. 1951.


January
February
March
April
May 26


3-97 2"82 1 50 5'41 3'60
'57 57 27 0 2"52 1 88
-59 1-89 5"52 1-58 1"09
'67 '59 3'54 2'44 2'16
3'23 2"43 1"98 2'06 10'54
9 02 8.30 14"61 14 01 1927







THE LEEWARD ISLANDS GAZETTE.


REGISTRY OF THE SUPREME COURT,
ANTIGUA.
26th May, 1951.
NOTICE IS HEREBY GIVEN that there will be a sitting of the Supreme 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 Friday the 15th day of June, 1951, at 10 o'clock in the forenoon for the purpose
of hearing the undermentioned appeals.
All parties to the said appeals are required to take notice hereof.


Appellant.
Hezekiah Greenidge

Robert Simon
George Gordon
James Roberts
Samuel White

Reginald Joseph

Gedrge Blake

Melanis Thomas

Samuel Lambert

Samuel Halstead

George Cephas

Mary King


Respondent.
Arthur J. Bowry,
Asst. Supt. Police.
Arthur J. Bowry,
Asst. Supt. Police.


Arthur J. Bowry,
Asst. Supt. Police.
Arthur J. Bowry,
Asst. Supt. Police.
Arthur J. Bowry,
Asst. Supt. Police.
Arthur J. Bowry,
Asst. Supt. Police.
Arthur J. Bowry,
Asst. Supt. Police.
Arthur J. Bowry,
Asst. Supt. Police.
Arthur J. Bowry,
Asst. Supt. Police.
Arthur J. Bowry,
Asst. Supt. Police.

By Order,

N. A. BERRIDGE,
Registrar of the Supreme Court
of the Windward Islands and
Leeward Islands Antigua Circuit.


31 May, 1951.]








THE LEEWARD ISLANDS GAZETTE.


In the Court of Appeal for the Windward Islands and
Leeward Islands
ON APPEAL FROM THE SUPREME COURT OF THE WINDWARD ISLANDS AND
LEEWARD ISLANDS.
(ANTIGUA CIRCUIT.)
Between:-
STANLEY WALTER Appellant.
and
WALTER L. MAGUIRE
(City Clerk of the St. John's
City Commissioners) Respondent.
E. E. HARNEY for Appellant
The Crown Attorney (C. A. KELSICK) for Respondent.
JUDGMENT.
In a judgment dated the 23rd January, 1951, Mr. Justice MANNING, sitting in the Antigua
Circuit of the Supreme C,)urt of the Windward Islands and Leeward Islands, allowed an appeal, by way
of case stated, in respect of the dismissal by the Magistrate of District A" of a charge against the
appellant under section 4 (1) of the St. John's City By-laws (S. R. & 0. 1927, No. 21). The learned
Judge ordered that the case be sent back to the Magistrate with a direction to convict the appellant and
to impose such penalty as he deemed fit according to law.
From the abovementioned judgment this appeal is brought on the following grounds:-
1. That the learned Judge was wrong in law in holding that on the facts appearing on
record rule 11 of the rules made under section 256 (now section 259) of the Magistrate's Code
of Procedure Act (Cap. 61) is directory not mandatory.
2. That the learned Judge was wrong in holding that a further application by the
appellant to the City Clerk was necessary before the fence could be erected.

With respect to the first ground of appeal the Crown Attorney, for the respondent, has drawn
our attention to section 4 of the Gazette (Evidence) Act, Cap. 54, and section 23 of the Interpretation
of Lwvs Act, CAp. 103, and his submitted that this Court cannot take notice of the rules made under
the Magistrate's Code of Procedure Act as they were not formally admitted in evidence before the
Supremei Cotirt. It, however, appears to us that when the Ci'own Attorney made that submission he
could not have been aware of the provisions of subsection (3) of section 256 (now section 259) of the
Magistrate's Code of Procedure Act under which the rules were made. That subsection reads as
follows:-
(3) Any rule purporting to be made in pursuance of this section shall be laid before the
General Legislature for consideration and approval as soon as may be after it is made and
"shall be judically noticed: Provided that such rules until so considered and approved shall
have the force and effect of law."
We therefore pass on to consideration of the rule in question-rule 11-which reads thus:
" An application to a Magistrate to state a special case shall be made in writing, and the case shall be
stated within a month from the date of the application, and after the recognizance shall have been
entered into." The wording of this rule is similar to that of rule 52 of the English Summary Jurisdic-
tion Rules, 1915, except that in England the Justices have three months within which to state the
special case.
In the present case the application was made on the 6th of July, 1950, and the case stated is
dated 6th September, 1950. When the appeal came on for hearing before the Supreme Court on 12th
July, 1951, objection was taken that the case stated was out of time and should be struck out on the
ground that the delay in having the case stated was due to the conduct of the respondent (appellant in
the Supreme Court). The respondent's counsel explained the difficulties he had experienced in obtain-
ing from the trial Magistrate copies of his judgment and notes of evidence for the purpose of draft-
ing the case, and the learned Judge, after considering that explanation and an affidavit which had been
put in by the other side, came to the conclusion that the delay was not due to the respondent's conduct.
We are not inclined to differ from that finding.
It remains to be considered whether in those circumstances the Court had power to hear
the appeal. This question is discussed in ffughes v. Wavertree Local Board, 10 T.L.R. 357, and
ifoore v. Hewitt (1917) 2 All E.R. 270. In the former case M.r. Justice CAVK in delivering the
decision of the Queen's Bench Division said this: It is contended that the whole of the rule is a
condition precedent, and that it is not merely directory. It may be so as far as relates to acts to be


L31 May, 1951.








THE LEEWARD ISLANDS GAZETTE.


done by the appellant, but not so far as it relates to the nmaistrates; as to their act it is only
directory. The appellant cannot compel the magistrates to state a case; lie can only do his best "
That decision was followed in :loore c. letiltt (supra) and Lord GOD)DARD, C.., made it clear that
when there are no facts before the court to show that the delay in stating the case was due to the
conduct of the appellant the court has power in its discretion to allow the case to be heard on the
ground that the limitation in the rules is directory and not mandatory. At page 272 of tihe report
he stated: I should 1, sorry to hold that when the delay is due to the action of the justices and
not due to that of either party, it was a fatal objection. I am not sure that one could not apply
the maxim acts le.iq nU!il faizit ii/j'jriam---the act of the law does wrong to no man."
Our attention was also drawn to l/ob)rt.l v. Evans and Erans (1919) \.N. 54, and
lRippington v. //ick/s Son (uOxwrd) Ltd., and an.ot/ hr (1949) 1 All E.R. 239; but we fail to see that
either of those cases in any way alters the general principles laid down in the earlier cases mentioned
above. In Roberts' Case the court did say that when an appellant found that, owing to conduct or
delay of the respondent's solicitor, or of the justices or their clerk, the time was expiring, the
appellant should apply the court for an extension :f time, first giving notice to the other side, or
to the justices, of his intention so to do. Then if the person to whom notice was given was trifling
with the court, the court could make him pay the costs. But it was never suggested ii that case
that an appellant's failure to apply for extension of time, when the delay in having the case stated
was due to no fiult of his. would be fatal to the hearing of the appeal. Indeed, in that very case,
although the case was st;:, 'd eleven months out of time the appeal was heard and allowed.
Rin'PiNTON's Case (supra) differs from the present one in this important respect, that is,
that no step whatever was taken by the appellant to have the case stated. There was a complete
disregard of the rules and tle delay was due entirely to the appellant. The court held that if lie
was unable, for some good reason, to h ive the case stated within the time prescribed, it was hlis
duty to apply for an extension of time.
Having regard to the principles laid down in these authorities we agree that there was
jurisdiction to hear the appeal.
We now turn to the second ground of appeal namely: that the learned Judge was wrong
in holding that a further application by the appellant to the respondent was necessary before tlie
erection of the fence complained of.
In the stated case submitted to the learned Judge by the Magistrate the following facts
are stated to be either proved or admitted:-
(1) The respondent, on the 12th September, 1949, submitted a letter to the City
Commissioners intimating that he proposed to break down the entire building on his
property at the corner of Nevis and Cross Streets and erect another in its place approxi-
mately 36 feet x 40 feet. Under cover of that letter the appellant also submitted a ground
plan of the proposed building, which plan was put in evidence in the case.
(2) On the 27th September, 1949, the respondent informed !' e appellant by letter
that the City Commissioners had approved his application subject ; :'ie provisions of the
By-laws and in accordance with the plan submitted by him.
(3) In the early part of April, 1950, the respondent visited the premi : of the appellant
at the corner of Nevis and Cross Streets and saw that work had been start I <(n a rail fence
both on the Cross andl Nevis Streets sides of the appellant's building.
(4) No rail or fence appears on the plan submitted to the City Commissiuo rs by the
appellant and no specific permission was at any time given the appellant to erect :..;v rail or
fence on his premises.
(5) According to ERNEST GOVIA, the licenced surveyor who prepared the plan a' <'hed
to the appellant's conveyance, the fence or rail of which complaint is made was ~. ced
outside the appellant's premises altogether.
The by-law alleged to have been contravened by the appellant is by-law 4 (1) of the
St. John's City By-Laws (S. R. & 0. 1927, No. 21), and it reads as follows:-
"(1) No person shall in the City commence to build any house, wall, gallery, fence,
steps, stair-case or other erection or to lay any stone or pavement or to close in any gallery
; or covered way or any open space or to make to project any part of any building in upon or
over any land, without having first submitted to the City Commissioners a proper plan or
"description of such building or construction and having obtained the permission in writing
"of the City Clerk. Any person connintting an offence under this section shall be liable on
summary conviction to pay a fine not exceeding Twenty Pounds, and in addition to such
"penalty shall be liable to pay a further penalty not exceeding Forty Shillings for every
"day during which the offence is continued."


31 May, 195 1.1








THE LEEWARD ISLANDS GAZETTE.


It is common ground that no express permission was given tie appellant by the City
Coinmissioners to erect any rail or fence on his premises and that no rail or fence was indicated on the
plan submitted to the City Commissioners by him. Counsel for the appellant, however, contended
that the application to erect a building", to which approval had been obtained, was sufficient, as
"building" must be understood to mean building and adjuncts thereto, including fences and rails.
He conceded that to the ordinary man in the street the application to erect a building could not be
construed as including a fence contiguous thereto, but maintained that to the respondent, in his
capacity as Clerk to the City Commissioners, and accustomed as he was to dealing with niatter of that
kind, the application to erect a "building" must have been understood to include appurtenances
thereto and therefore a fence or rail around it. In support of this submission, counsel pointed out
that the respondent had admitted in his evidence, that other persons who had not specifically mentioned
fences or rails in their applications to erect buildings had erected them without making further
application so to do.
In our view that argument is fallacious. The mere fact that other persons have been
permitted to infringe the law with impunity does not, and cannot, excuse the appellant if he has done so.
But the matter does not conclude there. Learned counsel for the appellant was compelled to
admit that from the facts stated to be proved or admitted the rail or felr was erecte.l outside the
premises of the appellant as shown in the plan submitted to the City C< nmnissioners .nd the plan
prepared by the licenced surveyor. In his case stated the learned Magistrate deals with [ilis in these
terms:-" The Surveyor put a copy of his plan in evidence and has ii' icated thereon ;he position,
"between the boundary lines of the building and the gutter line where the rail fences have
"been erected."
In the above circumstances, can it be said that the appellant submitted a proper plan to the
City Conmi.ssioners as required by t! relevant by-law? In this connection the words of Lord
COLERIDGE, C.., in the case of James v. Masters, (1893) L.R. 1 Q.B.D. 355 (one in which the facts
and circumstances are closely analogous to those in the case under review), may be quoted with
advantage:-
"The by-laws require that buildings should be erected in accordance with a proper plan.
In the present case a plan was deposited; but in the course of the execution of the works
the respondent changed his mind, and made substantial alterations in the buildings he was
"erecting. These alterations may have been proper and right in themselves-as to that
I say nothing-and if submitted to the local board they might have been approved.
I assume all that was done by the respondent to have been done bonar fide, and the change
"in the buildings to have been made bona fide on his part; but still the judgment of the
"local board, as being the urban sanitary authority, ought to have been taken on the
"alterations; otherwise it might be that a person might deposit plans which he had no
"intention of carrying into effect, and when charged with having made alterations in the
"buildings, might reply that lie had fulfilled the by-law and that the justices had no
"jurisdiction to entertain a complaint against him. I cannot think that such a case as I have
supposed could possibly be allowed. I think that this case must be treated, not as an
"alteration merely, but as a case requiring a fresh plan, which ought to have been submitted
"to the local board."
In the same case WILLS, J., says this:-
"When there is a substantial alteration of the plans, it must be preceded by an intention
to alter. The former plans cease to be plans of the intended building and there are
therefore no plans of the intended building deposited. If he proceeds therefore with the
building as altered, he builds without having deposited plans of his intended building
"and the by-law is broken."
In the light of the above, we are of the opinion that no proper plan or description of the
rail or fence was first submitted to the City Commissioners by the appellant and the permission
obtained in writing of the respondent prior to its erection. We therefore hold that the provisions of
the by-law have been contravened by the appellant.
This appeal is dismissed with costs and the learned Judge's order, that the case be sent back
to the Magistrate with a direction to convict the appellant and impose such penalty as he deems fit
according to law, is affirmed.
D. E. JACKSON,
Chief Justice.
ALEX. R. COOLS-LARTIGUE,
Puisne Judge,
W. A. DATE,
Puisne Judge.
23rd May, 1951.
ANTIGUA.
Printed at the Government Printing Offie, Leeward Islands, by E. M. BLACKMAN
Government Printer.-By Authority.
1951.
[Price 6d.]


[25 May, 1951.








LEEWARD ISLANDS.
ANTIGUA.

STATUTORY RULES AND ORDERS.
1951, No. 3.

IMPORTATION OF ANIMALS.

THE IMPORTATION OF ANIMALS (AMENDMENT) RULES, 1951,
MADE BY THE GOVERNOR IN COUNCIL UNDER SECTION 19
OF THE DISEASES OF ANIMALS ORDINANCE, 1913.

1. Short Title. These Rules may be cited as the
Importation of Animals (Amendment) Rules, 1951, and shall
be read and construed as one with the Importation of Animals
Rules, 1938, (S. R. & 0., 1938, No. 2) hereinafter referred to
as the Principal Rules, and all amendments thereto.
2. Amendment. The Principal Rules are hereby
amended as follows:-

(a) By the insertion next after rule 1 of the follow-
ing rule as rule 1A:
A. INTERPRETATION. In these Rules, unless
the context otherwise requires-
"master means the person having command or
charge of a vessel;
port" includes airport;
vessel means any ship, schooner, sloop, boat
or other floating craft and includes any
description of aircraft."
(b) By the renumbering of rule 1A as rule lB.
(c) by the insertion of the words "or Coolidge Air-
port" in the third line of rule 2 between the words
St. John's and "except".
Made by the Governor in Council the 29th day of May,
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.


400-130-5.51.


[Price Id.]








lo, of 1951. Turtle. MONTSBaBBT.







MONTSERRAT.

No. of 1951.

An Ordinance for the protection of Turtles.
BE IT ORDAINED by the Governor and
Legislative Council of Montserrat as follows:-
1. This Ordinance may be cited as the Tur. short title.
tie Ordinance, 1951.
2. In this Ordinance, the word "turtle" Interpretation
means sea or river turtle.
3. Any person who- Offences.
(a) catches or takes, or attempts to
catch or take, or causes to be caught or taken
any turtle between the first day of June and
the thirtieth day of September, both days
inclusive; or
(b) at any time catches or takes, or
attempts to catch or take, or causes to be
caught or taken, any turtle which is under
twenty pounds in weight; or
(c) slaughters any turtle or buys, sells,
exposes for sale or has in his possession the
whole or any portion of the meat of such
turtle, between the first day of June and the
thirtieth day of September, both days inclu-
sive; or
(d) takes, or attempts to take, or causes
to be taken, any turtle eggs, between the
first day of June and the thirtieth day of
September both days inclusive; or
(e) buys, sells, exposes for sale, or has
in his possession any turtle eggs, between
the first day of June and the thirtieth day of
September both days inclusive,









MONTBERRAT. 2 Turtle. No. of 1951.

shall be guilty of an offence against this Ordinance,
and, on summary conviction, shall be liable to
a fine not exceeding forty-eight dollars.

Power of 4. If any police officer shall have reasonable
arrest. grounds for believing that any person is com-
mitting or attempting to commit an offence
against this Ordinance he may arrest such person
without a warrant.
Forfeiture of 5. Any police officer may seize any turtle
turtle, c. or part thereof or any turtle eggs found in the
possession of any person between the first day of
June and the thirtieth day of September in any
year and upon the conviction of such person the
articles so seized shall be forfeited.
Forfeiture of 6. Any net, instrument or thing which any
nets, &c. police officer has reasonable grounds for believing
is being or has been used for or in connection with
the commission of any offence against this Ordinance
shall be seized by such police officer, and any
magistrate may, upon the conviction of any person
for an offence against this Ordinance in connection
with which such net, instrument or thing so seized
was used, order such net, instrument or thing to
be forfeited.

Moiety of fine 7. Upon any conviction under this Ordi-
to informer. nance the magistrate may order that a part of any
fine imposed not exceeding a moiety be paid to
any person whose information led to such con-
viction.

President.

Passed the Legislative Council the day
of. 19


Clerk of the Council.











OBJECTS AND REASONS.

The object of this Bill is to provide absolute protection
for turtles and their eggs during the prescribed close season.
It has been introduced in accordance with the recommenda-
tions of the C. D. & W. fishery expert that there be
uniform legislation on this matter throughout the Leeward
Islands.


Crown.,Attorney.


COMPARATIVE TABLE.


Bill. Origin.


Clause 1 New Turtle Ordinance,
2 1927 (Antigua No. 17
3 1947).

4 Do.
5 Do.
6 Do.
7 Do.


Remarks.


Short Title

with modifications.

With modifications.


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


Turtle.


3 MONTSERrAT.


200-5.51.


[Price 2d.]


No. of 1951.




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