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Title: Leeward Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00132
 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: VID00132
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 45
        Page 46
        Page 47
        Page 48
        Page 48a
        Page 48b
        Page 49
    Antigua - Ordinance, No 1 of 1952: Appropriation Ordinance, 1952
        Page A-1
        Page A-2
    Antigua - Statutory Rules and Orders, No. 6 of 1952: Dockyard Charges (Revocation) Order, 1952
        Page B-1
        Page B-2
    Montserrat - Statutory Rules and Orders, No. 1 of 1952: Income Tax (Double Taxation Relief) (New Zealand) Order, 1952
        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
Full Text





0


THE LEEWARD ISL IS

GAZETTE.


iubliitbeb by autborit. A^ o

VOL. LXXX. THURSDAY, 28TH FEBRUARY, 1952. No. 11.


Notice.


Secretariat.
25th February. 1952.
'rhe Governor directs the publication, for general information, of the subjoined Additional Royal
Instructions passed under the Royal Sign Manual and Signet to the Governor and Commander-in-Chief of
the Leeward Islands given on the 22nd day of February, 1952.
The Governor hereby appoints the 29th day of February, 1952, as the date when the said Instruc-
tions shall have effect and further directs that the said Instructions he published for general information in
the Presidencies in manner to be prescribed by the Administrator or Commissioner.
By Command,

P. I. MACDONALD,
Colonial Secretary.

LEEWARD ISLANDS.
ADDITIONAL INSTRUCTIONS PASSED UNDER THE ROYAL SIGN MANUAL AND
SIGNET TO THE GOVERNOR AND COMMANDER-IN-CHIEF OF THE
LEEWARD ISLANDS.
Dated 22nd February, 1952. ELIZABETH. R.

ADDITIONAL INSTRUCTIONS to Our Governor and Commander-in-Chief in and
over the Leeward Islands, or other officer for the time being administering
the Government of Our said Islands.
Whereas on the 17th day of November, 1936, Instructions under the Royal Sign Manual and Signet
were issued to the Governor and Commander-in-Chief in and over Our Colony of the Leeward Islands
(hereinafter called the Governor"):
And Whereas the said Instructions were amended by Additional Instructions under the Royal Sign
Manual and Signet bearing date the Twenty-eighth day of December, 1939, the Twelfth day of July, 1943,
and the Thirtieth day of December, 1950:
And Whereas the Leeward Islands Act, 1871 (hereinafter called the Principal Act) as amended by
various Acts of the Governor and General Legislative Council of the Leeward Islands has been further
amended by the Leeward Islands (Amendment) Act, 1951, whereby section 4 of the Principal Act (which
provides for the constitution of the Executive Council) has been repealed and replaced:
And Whereas it is expedient to amend the said Instructions in manner hereinafter appearing:
Now, therefore, We do hereby direct and enjoin and declare Our will and pleasure as follows:-
As from a date to be appointed by the Governor by notification in the Leeward Islands Government
Gazette the said Instructions dated the 17th day of November, 1936, amended as atoresaid, shall have
effect:-
(i) as if in clause eight the words "and every such person so appointed shall hold his office dur-
ing Our pleasure" were substituted for the words or under the power delegated to him by
Our said Letters Patent"; and
(ii) as if clause eight had been issued in pursuance of the provisions of section 4 of the Principal
Act as replaced by section 4 of the Leeward Islands (Amendment) Act, 1951.

GIVEN lt Our Court at Saint James' this 22nd day of February, 1952 in the
first year of Our Reign.




3^ .7P7 L.
1 m I)









THE LEEWARD ISLANDS GAZETTE.


[28 February, 1952.


Notices.

It is hereby notified for general
information that the Style and Titles
niis. by His Late Majesty King
(I rG)!tGE THE SIXTH will continue to
be used by Her Majesty QUEEN
ELIZABETH THE SECOND, and not
those used in the Proclamation of
Accession.

'The Leoretariat,
Antiqua.
26th February, 1952.


It is hereby notified for general
information that His Excellency the
rovernor-has issued a Commission to
the Hon. P. D. MACDONALD appoint-
ing him to be Governor's Deputy
during his Excellency's absence from
Antigua, whilst paying a visit to
Montserrat from the 20th February,
to the 4th March, 1952.

The Secretariat,
Antigua.
26rh February, 1952.
No. 13/00o01.


The Governor has been pleased to
nominate Mr. A. W. GRIFFIN, O.B.E.,
and Mr. M. S. OSBORNE, to be
unofficial members of the Legislative
Council of Montserrat.
The Secretariat,
Antigua.
26th February, 1952.

NATURALIZATION.

Notice is hereby given that KALEEL
JACOB AKEL of Road Town, Tortola
is applying to the Governor for
tnaturalisation, and that any person
vwho knows any reason why naturali-
sation should not be granted should
send a written and signed statement of
the facis to the Colonial Secretary,
St. John's, Antigua.

The Secretariat,
Antigua.
12th February, 1952.


STATUTORY RULES & ORDERS.
Antigua.
No. 6 of 1952, "The Dockyard
Charges (Revocation) Order, 1952."
3Montserrat.
No. 1 of 1952, The Income Tax
(Double Taxation R eli e f) (New
Zealand) Order, 1952."


Pursuant to section 78 (2) of the
Mon tserrat Con -titution and Elections
Ordinance. 1952, it is hereby notified
for general information that -the
following candidate has been elected
for the undermentioned electoral dis-
trict, no other candidate having been
nominated.
Electoral District. Candidate.
Central Electoral MICHAEL
District WALKINSHAW

Dated the 12th day of February,
1952.
RANDALL H. LOCKHART,
Supervisor of Elections.

Pursuant to section 78 (2) of the
Montserrat Constitution and Elections
Ordinance, 1952, and further to the
notice dated the 12th February, it is
hereby notified for public information
that the following candidates have
been elected for the undermentioned
electoral districts as a result of the
votes cast on the 20th day of Febru-
ary, 1952.
Electoral District. Candidates.
Northern Electoral EDWARD
District THEOPHILUS
EDGECOMBE


Windward Electoral
District


Southern Electoral
District


WILLIAM
HENRY
BRAMBLE

ROBERT
WILLIAM
GRIFFITH


BRUNEL
WYCLIFFE
EDWARDS

Dated the 21st day of February,
1952.
RANDALL H. LOCKHART,
Supervisor of Elections.


CONFIRMATION OF ORDINANCES.
Small Farmer Cultivation and


No. 23.
The Secretary of State for the
Colonies has notified the Governor
that the power of disallowance will
not be exercised in respect of the
:Undermentioned Acts.

Leeward Islands.
No. 7 of 1950, The Prison (Extra-
mural Sentences) Act, 1950."
No. 11 of 1951, "'The Medical
(Amendment) Act, 1951."

No. 24.

The following Ordinance and
Statutory Rules and Orders are cir-
culated with this Gazette and form
part thereof:-
ORDINANCE.
Antigua.
No. 1 of 1952, The Appropriation
-Ordinance, 1952."


Haulage Service Ordinance, 1951.

Election Result Notice.
With reference to the notice re
Notification of Election of a member,
for the electoral district of Saint
Phillip to serve on the Small Farmer
Cultivation and Haulage Service
Board, under the Small Farmer Cul-
tivation and Haulage Service Ordi-
nance, 1951. dated 16th February,
1952, it is hereby notified that in
consequence of the withdrawal of
SHERMAN CRUMP from the list of
candidates, the remaining candidate
SAMUEL PHILLIP is declared to be
duly elected.
Dated the 22nd day of February,
1952.
E. G. O. BERRIDGE,
Elections Officer.
Ref. No. A. 47/35.


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

NOTICE is hereby given that in
pursuance of Rules made by the
Chief Justice under section 16 of the
Windward Islands a nd Leeward
Islands (Courts) Order-in-Council,
1939, and duly approved as therein
provided on the 16th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of the Court in the Nevis Circuit has
appointed the day of the month on
which the ensuing Court shall sit as
follows, that is t, say:
The Nevis Circuit on Tuesday, the
1st day of April, 1952, at 11 o'clock
in the forenoon.

Dated the 11th day of February,
1952.
D. S. BROOKS,
Registrar,
Supreme Court, Nevin Circuit.

In the Supreme Court of the,
Windward Islands and
Leeward Islands.
MONTSERRAT CIRCUIT.

CIRCUIT COURT NOTICE.
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,
on the 24th day of September 1941,
as amended, the Honourable the
Puisne Judge selected for the sittings
of the Court in Saint Vincent and
Montserrat Circuits has appointed the
undermentioned day on which the
ensuing Circuit shall sit in this Presi-
dency, that is to say:-

On Monday, the 10th March, 1952,
at 11.00 o'clock in the forenoon.

RANDALL H. LOCKHART,
Registrar, Montserrat Circuit.

Registrars Office,
Montserrat.
18th February, 1952.



IN THE MATTER OF THE ESTATE OP
ALLAN SOMERSALL, 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 Colo-
ny of the Leeward Islands are to file
their claims within four munhls after
the 6th day of February, 1952.









THE LEEWARD ISLANDS GAZETTE.


Creditors resident out of the said
Colony are to tile their claims A'ithin
eight months from th,' said Gth day of
February, 1952.

AND FURTHER TAKE NOTICE
that any creditors filing 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 6th day of February,
1952.
D. S. BROOKS,
Administrator o./ Estates.
Ref. No. 36100002.


TRADE MARKS OFFICE,
ANTIGUA, 12th February, 1952.

PETROLEUM MARKETING
COMPANY (West Indies) LIMITED
of 22 Great St. Helen's, London,
E. C. 3., have applied for Registration
of Two Trade Marks consisting of
the following:-
1.


PROGAS


in classes 1 and 47.


The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for one
month 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 registration of the said Trade Mark.
N. A. BERRIDGE,
Registrar of Trde Marks.


TENDER NOTICE.
Lease of land on the Factory
Road.

Tenders are hereby invited for the
lease of all that piece or parcel of
land on the Factory Road in the City
of St. John, in the island of Antigua,
containing an area of approximately
.717 acres and bounded on the North
by Crown lands, on the South by
the public road, on the East by lands
of Mr. R. JORDAN and on the West
by lands of Mr. F HENZELL on the
following conditions:-
(1) To hold the premises foc the
term of ninety-nine years;


(2) To bear, pay and discharge all
future raitcs, axis, and assess-
inents, duties, impositions out-
goings and burdlens whatsoever
assessed, charged or imposed
upon the premises or upon the
owner or occupier thereof;

(3) To erect upon the premises to
the satisfaction of Government
a dwelling-house to a value of
not less than .1500.


(4) Not to erect any other buildings
or to make any additions except
with the approval of Government.

Tenders, which should include the
amount to be paid as premium during
the first year of lease and the rate of
annual rental thereafter, should be
-addressed to the Administrator of
Antigua, in a sealed enveloped marked
" Tenders for Land on Factory Road "
and should reach the Administrator's
Office by 4 p.m. on Friday the 7th
March, 1952.

Government does not bind itself
to accept the highest or any tender.
By Order,

G. A. THIBOU,
for Clerk to the Administrator.

Administrator's Office,
Antig ia,
16th February, 1952.
Ref. No. A. 46/11.


Vacant post of Inspector of
Works.


Applications are invited for the
post of Inspector of Works, Public
Works Department, Antigua.

The following qualifications are
required-

(a) Experience in building con-
struction, the repair and mainten-
ance of buildings and ability to
prepare estimates and plans.
(b) Ability to keep accounts and
control labour.

(c) Secondary e d uc a t i o n with
ability to act in an administrative
capacity if required to do so.

The post is on the permanent pen-
sionable establishment and the present
salary is in the scale $1920 by $120
to $2160 per annum plus a temporary
cost of living allowance of $480 per
annum. (This salary is subject to
revision when the report of the
Salaries and Organisation Commission
is received).

Applications should be submitted
to the Administrator, Antigua, by the
15th March, 1952. Applicants
should submit at least two recent
testimonials and full particulars of
age, training and experience, schools


attended, examinations taken, exami-
nations passed, positions held from
leaving school.

Administrator' s Office,
Antigua,
19th February, 1952.
Ret. No. A. 13/105.

VACANCY FOR POST OF SENIOR
MASTER, GRAMMAR SCHOOL,
DOMINICA.

Applications are invited for one va-
cant post of Senior Master, Dominica
Grammar School. The school roll at
present numbers 150, and courses will
be offered up to the Higher School
Certificate examination of Cambridge
University.
S2. QUALIFICATIONS. Applicants
for the post should hold a University
degree and be qualified to teach (1)
English, History and Latin, and (2)
Mathematics.
3. SALARY. The post is pension-
able. The salary scale is $1920 by
$120 to st2'I'0. A cost of living al-
lowance of ten per cent. of-salary is-
payable. Consideration would be also
given to appointing suitable applicants
at points in the scale commensurate
with their qualification and experi-
ence.
4. QUARTERS. Quarters are not
provided.
5. LEAVE. Leave is earned in
accordance with local regulations and
provision is made for assistance
towards overseas leave passages.
6. PASSAGES ON FIRST APPOINT-
MENT. The officer's passage on first
appointment will be paid, as well as
that of his wife and children of school
age, not exceeding four, if they ac-
company him or follow him within
twelve months from the date of his
first appointment.
7. CONDITIONS OF SERVICE. The
officer will be subject to Colonial
Regulations and local General Orders.

Applications stating the applicant's
age, qualifications and teaching expe-
rience, and indicating the earliest
date on which be could assume duty,
should be addressed to the Adminis-
trator, Dominica.
J. HAMILTON MAURICE,
Education Officer.
13f00004.
RAINFALL FIGURES
Central Experiment Station,
Antigua.

1948. 1949. 1950. 1951. 1952
Jan. 2'82 1'50 541 3'60 2'41
Feb. 23 '39 1'97 2-52 1-09 1'6G
3'21 3-47 7'93 4-69 4-01

Publications issued from the
Government Printing Office,
Leeward Islands.
ORDINANCE.
Virqin Islands.
No. 4 of 1952, The Appropriation
Ordinance, 1952." 2 pp. Price 4c,.


28 Feriinxyp, 1952.]







THE LEEWARD ISLANDS GAZETTE.

Colony of the Leeward Islands.
ANTIGUA CIRCUIT.
Title by Registration Act.


'REGISTER OF TITLES.


[28 February, 1952


ANTIGUA CIRCUIT..


SCHEDULE OF APPLICATIONS
For Certificate of Title and noting thereon for the week ending the 16th day of February, 1952.


Date of Request.


Person Presenting.


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


13th February,
1952
at 10.30 a.m.


Alfred Powell McDonald of St. Certificate of Title for all that piece or parcel of
John's Antigua by his solicitor land being a portion of Hyndman's Village
Sydney T. Christian situate in the City of baint John in the Island
of Antigua containing .512 of an acre all as the
same is delineated in the map or plan of said
piece or parcel of land dated the 1st day of
February 1952 drawn by Ernest A. Govia
Licensed Surveyor


Anyone who objects to the issue of the Certificate of Title as applied for must within twenty-
one days (21) from the first publication of this notice enter a Caveat at the Office of the Registrar of
Titles for the Antigua Circuit.
Dated the 16th day of February, 1952.
N. A. -BERRIDGE,
Registrar of Titles.


Colony


of the Leeward Islands.


ANTIGUA CIRCUIT.
Title by Registration Act.


REGISTER OF TITLES.


ANTIGUA CIRCUIT.


SCHEDULE OF APPLICATIONS
For Certificates of Title and Notings thereon for the week en ling the 16th day of February, 1952.


Date of Request.


The 12th day of
February, 1952
at 3.25 p.m.


Person presenting.


Henry Alexander Anselm of Nevis
and Cross Streets in the City
of Saint John in the Island of
Antigua, Merchant, by Sydney
Theophilus Christian, his solicitor


Nature of Request whether for Certificate of
Title or noting thereon or Caveat.

Certificate of Title for All that piece or parcel of
land situate at the corner of Nevis and Cross
Streets in the City of Saint John in the
Island of Antigua, comprising 4,287 square
feet all as the same is delineated in the map or
plan of said land dated the 7th day of February,
1948 drawn by Ernest Alexander Govia,
Licensed Surveyor.


Anyone who objects to the issue of a Certificate of Title as applied for must within 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 16th day of February, 1952.


N. A. BERRIDGE,
Registrar of Titles.








Supplement to the Leeward Islands Gazette

Of Thursday the 28th of' february, 1952.


REPLY of Unofficial Members to His Honour's
Address to the Antigua Legislative Council
at a meeting held on the 24th January,
1952: Delivered by the Honourable Mem-
ber for St. John (Rural) West at a Meeting
of the Antigua Legislative Council held on
Thursday the 21st February, 1952.


Your Honour:

Your speech to us at the budget session of
this New Council is, it we may say so with due
respect, highly commendable for its quality and
forthrightness. We thank you for your words
of welcome and we shall endeavour to give you
our full co-operation and to foster the same
happy relationship you had with Councillors in
the past. The Committee system of government
we accept as an achievement thfit gives Unoffi-
cial members of Council a closer association with
the activities of government. We know that
this system will work and we shall do our part
to make it work.

We are aware of the unpleasant tasks those
who shoulder responsibilities have had to under-
take. \\e can assure Your Honour that instead
of shirking them, we shall seek to acquire greater
responsibilities which will enable us to carry out
the functions of truly democratic governments
obtaining in the more advanced countries of the
Commonwealth.
Antigua like other countries in the sterling
area has its economic problems. The estimates
we realise are restricted to our meagre income
and the grant in-aid generously provided by
His Majesty's Government. We have had to
go without many essentials now, but it is hoped
that those services which have been postponed
or reduced will appear in the coming Estimates
and will Ie approved by the Secretary of State
for the Colonies.
Smuggling has reached a high mark here,
and we agree with Your Honour that much loss
of revenue has come through this illicit trade.
We feel that everything should be done to en-
force existing laws against smuggling, and in
this you will have our full co-operation. The
high duty on imported rum and cigarettes has
made it possible for smuggling to be a paying
traffic as the margin of profits made by the
smugglers, although underselling the duty paid
commodity, is sufficiently big to meet all contin-
gencies. A lowering of the duty would cause
a reduction of the price of the smuggled article
and this should make it unprofitable for smug-
glers to take the risk with very little to gain.
The lack of employment in certain areas has
also contributed to the temptation of sin juggling
and if we could endeavour to keep these people
occupied, they might find less time to indulge in
this dishonourable activity.


SWe note your remark about Barbuda. This
island has been rejected in the past and much
can be done to stimulate greater production of
cotton, corn, livestock and the catching of lob-
sters for canning. We feel strongly that com-
munication between Barbuda and Antigua should
be improved and we hope early consideration to
this service will be given by the Administration.
It is also hoped that the Administration will
take early. steps to improve the standard of
Education in that Island by taking over the
present School and providing for an efficient
Teaching Staff.

Agriculture is the basis of the economy of
the Island and we need to exert our efforts
towards greater production of crops for food and
for export. \\e are glad to see that loans have
been made available in larger quanttities to
peasants and hope that the scheme ill continue
to grow until a sound peasantry is built up in the
island. We also look forward to the early
acquisition of the Antigua Syndicate Estates
lands now occupied bypeasants, a step strongly
recommended in the Malone Keport.

We are happy to know of the progress made
in drilliiLn, operations for water and that the
need for this essential service can be satisfied
from the amount of water available. Unless
the water is brought to the surface and distribu-
ted, the position will be very little better than
before, and it is hoped that all efforts will be
exerted towards the early extension of the water
service. We are pleased to know that no
arbitrary charges for water have been contemn-
plated by the Water Board I'or it is our opinion
that water expenses should only be shared by
the community when a general improved service
has been introduced and a proper st stem of
charges worked out.

Our Education Programme although
improving is still making slow growth. We are
glad to see that new schools have been built at
Swetes and at Sea View Farm and that provision
has been made for two more schools this year at
Pares Village and Bolans. There is also the
urgent need for a school at Ottos and a larger
school in the City.

We also congratulate the Education
Department for the introduction of the Post
Primary Course in the Elementary Schools as
.we feel that it affords greater advantage to the
children after they have left School. We are
very much alarmed however at the lack of
accommodation in the Secondary Schools i4i the
Island. There is an urgent need for extension of
existing ones, or for Government owned
Secondary Schools. We feel that Government
should do everything possible to improve the
standard of Secondary Education here.








The only hope of making the Island solvent
and of taking care of a growing population,
is to launch out into an industrialization pro-
gramme for the Presidency. We have many
Secondary Industries. catalogued and it is hoped
that active steps will be taken to put them on
their feet. We also welcome the appointment
of an Economic 'Adviser who should be a great
asset to the development of the Presidency.
We have been watching with great interest
the progress made in the Housing Programme
and we join with Your Honour in congratulating
all concerned for the business-like manner in
which the job has been tackled. We hope that


this is a sound start of a long term housing
programme, and. that each year will see increas-
ing better types of houses built.
We are also pleased with the efforts being
made to stimulate interest in the Dockyard and
to build up the Tourist Industry. We hope
that very soon Antigua will rank with many of
the leading Tourist Resorts in the Caribbean- and
that continuous steps be taken to make this so.

Your closing remarks have not fallen on
barren soil, and we shall seek to wine out the
bitterness of the past and cooperate with all
sections of the Community for the common good.


ANTIGUA.
Printed at the Government Printing Offioe, Leeward Islands, by E. M. BLACKMAN.
Government Printer.-By Authority.
1952.


(Price 4 cents.]








28 February, 1952.]


THE LEEWARD ISLANDS GAZETTE.

ORDER OF COMPETENT AUTHORITY.


Order made by the Competent Authority for the Presidency of Antigua under Regulation 50
of the Defence Regulations, 1989, as having effect by virtue of the Supplies and Servioes
(Transitional Powers) Act, 1946, the Supplies and Services (Transitional Powers) (Colonies
etc.) Order in Council, 1946, (Imp.) the Supplies and Services (Transitional Powers)
Order, 1946, and the Supplies and Services Continuance Order, 1951 (Imp.).

No. 2 of 1952.
DEFENCE REGULATIONS, 1939.


1. Short Title. This Order may be cited as the Control of Prices (Amendment No. 2)
Order, 1952, and shall be read together with the Control of Prices Order, 1944 (No. 9 of 1944), as
amended, hereinafter referred to as the Principal Order.
2. Amendment. List "A of Part I of the Schedule to the Principal Order is hereby
amended by the deletion of item 8 and the substitution therefore of the item bearing a similar number as
set out in the Schedule hereto.

SCHEDULE.
PART I
ANTIGUA.
List "A"-Foodstuffs, etc.


SItem.


Article.


8. Rice-
(a) Demerara, Super Quality

(b) ,, 2nd Quality


Wholesale Price.


... $25.05 per bag of 177 lb.

... $23.28 per bag of 177 lb.


Dated the 25th day of February, 1952.


Retail Price.


15c. per lb.

14c. per lb.



R. ST. J. O. WAYNE,
Administrator,
Competent Authority.


ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E. M. BLACKMAN,
Government Printer-By Authority.
1952.
[Price 32 cents including Supplement]







No. 1 of 1952.


[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
14th February, 1952.




ANTIGUA.

No. 1 of 1952.

An Ordinance to provide for the services uf the
Presidency of Antigua for the year ending on
the 31st day of December, 1952.
BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:-
1. This Ordinance may be cited as the
Appropriation Ordinance, 1952.
2. There shall be and there is hereby grant-
ed to His Majesty the King for the service of the
Presidency of Antigua for the year ending on the
thirty-first day of December, 1952, the sum of
five million, one hundred and thirty thousand,
four hundred and fifty-four 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 said sum of five million, one
hundred and thirty thousand, four hundred
and fifty-four dollars shall be and the same is
hereby declared to he charged upon and made pay-
able from and out of the General Revenue and
other funds of the said Presidency.
4. The Treasurer of the said Presidency is
hereby authorised and required from time to time
upon the order of the Governor to pay the annual
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


Short title.

Appropriation.










Sums charged
on General
Revenue.




Payments
how made.


Appropriation..


Asitata.









Revenue and other funds of the said Presidency
without further order or formality.

Commence- 5. This Ordinance shall be deemed to have
ment, had effect as from the 1st day of January, 1952.

R. ST. J. 0. WAYNE,
President.

Passed the Legislative Council the 24th day
of January, 1952.

G. A. THIBoU,
Clerk of the Council.

SCHEDULE.


Service.

Charges on Account of Public Debt
Pensions and Gratuities
Federal Contribution
Administration
Barbuda
Treasury, Customs. Port & Income Tax
Agriculture
Water Board
Legal
Police
Prison and Training School
Medical
Hospital & Charitable Institutions
Education
Government Undertakings
Municipal
Veterinary
Labour
Public Library
Supply Office
Military
Miscellaneous
Post Office & Telephones
Public Works Dept.
Public Works Recurrent
Public Works Extraordinary
Coolidge Air Base
Hurricane Rehousing
Colonial Development Schemies

Total


ANTIGUA.
Printed at the Government Printing Office Leeward Islands,
by E. M BLACKMAN, Government Printer.-By Authority.
1952.


Amount.
$
24622
... 53216
... 261848
... 38063
... 25954
... 63950
... 2221745
... 169546
... 38772
... 61244
60610
... 128587
.. 286480
... 260601
... 4523
... 164893
... 4198
... 19259
... 5778
... 9124
... 4824
... 107864
... 137530
34621
... 177957
... 197752
... 20282
... 295910
... 250701

... 5130454


No. I of 1952.


Appropriation.


A47/83--430--2.52.


[Price 4. cents]


-AAmInrA. 2










LEEWARD ISLANDS.
ANTIGUA.


STATUTORY RULES AND ORDERS.
1952, No. 6.


THE DOCKYARD CHARGES (REVOCATION) ORDER, 1952, DATED
FEBRUARY 26, 1952, REMOVING THE CHARGES FOR
ADMISSION TO THE DOCKYARD AND THE RENTAL OF
BUILDINGS THEREIN.


1. Short Title. This Order may be cited as the
Dockyard Charges (Revocation) Order, 1952.
2. Revocation. The Dockyard Charges Order,
1930, (S.R. & O. No. 19 of 1930) and all amendments
thereto are hereby revoked.

Made by the Governor in Council this 26th day of
February, 1952.

G. A. THIBOU,
Clerk of the Council.















ANTIGUA.
Printed at the Government Printing Off e. Leeward Islands.
by E. M. BLACKMAN, Government Printer. By Authority.
1952.


-A 56/12-430-2.52.


Price 3 cents.









LEEWARD ISLANDS.
MONTSERRAT.


STATUTORY RULES AND ORDERS.

1952, No. 1.


THE INCOME TAX (DOUBLE TAXATION RELIEF) (NEW ZEA-
LAND) ORDER, 1952, DATED JANUARY 18, 1952, MADE
BY THE GOVERNOR IN COUNCIL UNDERR SECTION 52A OF
THE INCOME TAX ORDINANCE, 1945, (No. 6/1945) AS
AMENDED BY THE INCOME TAX (AMENDMENT) ORDI-
NANCE, 1947, (No. 3/1947).


1. Short Title. This Order may be cited as the
Income Tax (Double Taxation Relief) (New Zealand) Order,
1952.

2. Declaration. It is hereby declared-

(0) that the arrangements specified in the Arrange-
ment set out in tte Schedule to this Order have been
made with the Government of New Zealand with a view
to affording relief from double taxation in relation to
income tax and any tax of a similar character imposed by
the laws of New Zealand; and
(b) that it is expedient that those arrangements shall
have effect.

SCHEDULE.

ARRANGEMENT BETWEEN THE GOVERNMENT OF NEW ZEALAND
AND THE GOVERNMENT OF THE PRESIDENCY OF
MONTSERRAT FOR. THE AVOIDANCE OF DOUBLE TAXA-
TION AND THE PREVENTION OF FISCAL EVASION WITH
RESPECT TO TAXES ON INCOME.
1. (1) The Taxes which are the subject of this Arrange-
ment are-


(a) IniNew Zealand:









The income tax and the social security charge
(hereinafter referred to as "New Zealand tax").
(b) In the Presidency of Montserrat:
The income tax (hereinafter referred to as
Presidential tax ").
(2) This Arrangement shall also apply to any other taxes
of a substantially similar character imposed in New Zealand or
in the Presidency after this Arrangement has come into force.
2. (1) In this Arrangement, unless the context other-
wise requires-
(a) The term New Zealand includes all islands and
territories within the limits thereof for the time being,
including the Cook Islands.
(6) The term the Presidency means the Presidency
of Montserrat.
(c) The terms "one of the territories" and "the
other territory mean New Zealand or the Presidency as
the context requires.
(d) The term "tax" means New Zealand tax or
Presidential tax, asi the context requires.
(e) The term person includes any body of persons,
corporate or not corporate.
(f) The term "company" includes any body
corporate.
(y) The terms resident of New Zealand" and
"resident of the Presidency mean respectively any person
who is resident in New Zealand for the purposes of New
Zealand tax and not resident in the Presidency for the
purposes of Presidential tax and any person who is
resident in the Presidency for the purposes of Presidential
tax and not r(sidlent in New Zealand for the purposes of
New Zealand tax; and a company shall be regarded as
resident in New Zealand if its business is managed and
controlled in New Zealand and as resident in the Presidency
if its business is managed and controlled in the Presidency.
(h) The terms resident of one of the territories and
"resident of the other territory mean a person who is
a resident of New Zealand or a person who is a resident of
the Presidency, as the context requires.









(i) The terms New Zealand enterprise" and
Presidential enterprise mean respectively an industrial
or commercial enterprise or undertaking carried on by a
resi'lnt of New Zealand and an industrial or commercial
enterprise or undertaking carried on by a resident of the
Presidency; and the terms enterprise of one of the terri-
tories and enterprise of the other territory mean a
New Zealand enterprise, or a Presidential enterprise, as
the context requires.
( j) The term industrial or commercial enterprise or
undertaking" includes an enterprise or undertaking
engaged in mining, agricultural or pastoral activities, or in
the business of banking, insurance, life insurance, or deal-
ing in investments, and the term "industrial or commercial
profits" includes profits from such activities or business
but does not include income in the form of dividends,
interest, rents, royalties, management charges, or remunera-
tion for personal services.
(k) The term permanent establishment ", when used
with respect to an enterprise of one of the territories, means
a branch, management, factory, mine, farm, or other fixed
place of business, but does not include an agency in the
other territory unless the agent has, and habitually
exercises, a general authority to negotiate and conclude
contracts on behalf of such enterprise or regularly fills
orders on its behalf from a stock of goods or merchandise
in that other territory.

An enterprise of one of the territories shall not be deemed
to have a permanent establishment in the other territory merely
because it carries on business dealings in that other territory
through a bonmafide. broker or general commission agent acting
in the ordinary course of his business as such and receiving
remuneration in respect of those dealings at a rate not less than
that customary in the class of business in question.
The fact that an enterprise of one of the territories main-
tains in the other territory a fixed place of business exclusively
for the purchase of goods or merchandise shall not of itself
constitute that fixed place of business a permanent establishment
of the enterprise.
The fact'that a company which is a resident of one the
territories has a subsidiary company which is a resident of the
other territory or which is engaged in trade or business in that









other territory (whether through a permanent establishment
or otherwise) shall not of itself constitute that subsidiary conm-
pany a permanent establishment of its parent companY.
(2) The terms New Zealand tax and Presidential tax,"
as used in the present Arrangement, do not include any tax
payable in New Zealand or the Presidency which represents a
penalty imposed under the lbv of New Zealand or the Presi-
dency relating to the taxes which are the subject of the present
Arrangement.
(3) In the application of the provisions of this Arrange-
ment by New Zealand or the Presidency, any term not other-
wise defined shall, unless the context otherwise requires, have
the meaning which it has under the laws of New Zealand, or, as
the case may be, the Presidency, relating to the taxes which are
the subject of this Arrangement.
3. (1) The industrial or commercial prolits of a New
Zealand enterprise shall not be subject to Presidential tax unless
the enterprise is engaged in trade or business in the l'residency
through a permanent establishment situated therein. If it is so
engaged, tax may be imposed on those profits by the Presidency,
but only on so much of them as is attributable to that
permanent establishment.
(2) The industrial or commercial )profits of a Presidential
enterprise shall not be subject to New Zealand tax unless the
enterprise is engaged in trade or business in New Zealand
through a permanent establishment situated therein. If it is so
engaged, tax may be imposed on those profits by New
Zealand, but only on so much of them as is attributable
to that permanent establishment:
Provided that nothing in this sub-paragraph shall affect any
provisions of the law of New Zealand regarding the taxation of
income from the business of insurance.
(3) Where an enterprise of one of the territories is engaged
in trade or business in the other territory through a permanent
establishment situated therein, there shall be attributed to that
permanent establishment the industrial or commercial profits
which it might be expected to derive in that other territory if it
were an independent enterprise engaged in the same or similar
activities and its dealings with the enterprise of which it is a
permanent establishment were dealings at arm's length with that
enterprise or an independent enterprise; and the profits so
attributed shall be deemed to be income derived from sources in
that other territory.









If the information available to the taxation authority con-
cerned is inadequate to determine the profits to be attributed to
the permanent establishment, nothing in this sub-paragraph
shall affect the application of the law of either territory in rela-
tion to the liability of the permanent establishment to pay tax
on an amount determined by the exercise of a discretion or the
making of an estimate by the taxation authority of that territory:

Provided that such discretion shall be exercised or such
estimate shall be made, so far as the information available to the
taxation authority permits, in accordance with the principle
stated in this sub-paragraph.
(4) Profits derived by an enterprise of one of the territories
from sales, under contracts concluded in that territory, of goods
or merchandise stocked in a warehouse in the other territory
for convenience of delivery and not for purposes of display shall
not be attributed to a permanent establishment of the enterprise
in that other territory, notwithstanding that the offers of pur-
chase have been obtained by an agent of the enterprise in that
other territory, and transmitted by him to the enterprise for
acceptance.
(5) No portion of any profits arising from the sale of goods
or merchandise by an enterprise of one of th6 territories shall be
attributed to a permanent establishment situated in the other
territory by reason of the mere purchase of the goods or
merchandise within that other territory.
4. (1) Where-
(a) an enterprise of one of the territories participates
directly or indirectly in the management, control or capital
of an enterprise of the other territory, or
(b) the same persons participate directly or indirectly
in the management, control or capital of an enterprise of one
of the territories and an enterprise of the other territory,
and
(c) in either case conditions are operative between the
two enterprises in their commercial or financial relations
which differ from those which might be expected to operate
between independent enterprises dealing at arm's length
with one another,
then, if by reason of those conditions profits which might 'be
expected to accrue to one of the enterprises do not accrue to
that enterprise, there may be included in the profits of that









enterprise the profits which would have accrued to it if it were
an independent enterprise and its dealings with the other enter-
prise were dealings at arm's length with that enterprise or an
independent enterprise.
(2) Profits included in the profits of an enterprise of one
of the territories under sub-paragraph (1) of this paragraph
shall be deemed to be income derived from sources in that terri-
tory and shall be taxed accordingly.
(3) If the information available to the taxation authority
concerned is inadequate to determine, for the purposes of sub-
paragraph (1) of this paragraph, the profits which might be
expected to accrue to an enterprise, nothing in that paragraph
shall affect the application of the law of either territory in rela-
tion to the liability of that enterprise to pay tax on an amount
determined by the exercise of a discretion or the making of an
estimate by the taxation authority of that territory:
Provided that such discretion shall be exercised or such
estimate shall be made, so far as the information available to the
taxation authority permits, in accordance with the principle
stated in that sub-paragraph.

5. Notwithstanding the provisions of paragraphs 3 and 4,
profits which a resident of one of the territories derives from
operating ships or aircraft shall be exempt from tax in the
other territory.
6. (1) Dividends paid by a company resident in one of
the territories to a resident of the other territory who is subject
to tax in that other territory in respect thereof and not engaged
in trade or business in the first-mentioned territory through a
permanent establishment situated therein, shall be exempt from
any tax in that first-mentioned territory which is chargeable on
dividends in addition to the tax chargeable in respect of the
profits or income of the company:
Provided that dividends paid by a company resident in
New Zealand to a person who is resident in the Presidency
may be included in that person's total income for the purposes
of determining the amount of any New Zealand tax payable in
respect of income of that person other than such dividends.

(2) Where a company which is a resident of one of the
territories derives profits or income from sources within the
other territory, the Government of that other territory shall
not impose any form of taxation on dividends paid by the









company to persons not resident in that other territory, or any
tax in the nature of an undistributed profits tax on undistri-
buted profits of the company, by reason of the fact that those
dividends or undistributed profits represent, in whole or in
part, profits, or income so derived.
7. (1) Any royalty derived from sources within one of
the territories by a resident of the other territory who is sub-
ject to,tax in that other territory in respect thereof and is not
engaged in trade or business in the first-mentioned territory
through a permanent establishment situated therein, shall be
exempt from tax in that first-mentioned territory; but no
exemption shall be allowed under this paragraph in respect of
so much of any royalty as exceeds an amount which represents
a fair and reasonable consideration for the rights for which the
royalty is paid.
(2) In this paragraph. the term "royalty" means any
royalty or other amount paid as consideration for the use of, or
for the privilege of using, any copyright, patent, design, secret
process or formula, trade-mark, or, other like property, but
does not include royalties or other amounts paid in respect of
the operation of mines or quarries or of the extraction or
removal of timber or other natural resources or rents or royal-
ties in respect of motion picture films.
8. (1) Remuneration (other than pensions) paid by the
Government of one of the territories to any individual for
services rendered to that Government in the discharge of
governmental functions shall be exempt from tax in the terri-
tory of the Government of the other territory if the individual
is not ordinarily resident in that other territory or is ordinarily
resident in that other territory solely for the purpose of
rendering those services.
(2) The provisions of this paragraph shall not apply to
payments in respect of services rendered in connection with any
trade or business carried on by either of the Governments for
purposes of profit.
). (1) An individual who is a resident of the Presidency
shall be exempt from New Zealand tax on profits or remunera-
tion in respect of personal (including professional) services
performed within New Zealand in any year of assessment if-
(a) he is present within New Zealand for a period or
periods not exceeding in the aggregate 183 days during
that year, and









(b) .the services are performed for or on behalf of a
person resident in the Presidency, and
(c) the profits or remuneration are subject to Presi-
dential tax.
(2) An individual who is a resident of New Zealand shall
be exempt from Presidential tax on profits or remuneration in
respect of personal (including professional) services performed
within the Presidency in any year of assessment if-

(a) he is present within the Presidency for a period
or periods not exceeding in the aggregate 183 days during
that year, and
(6) the services are performed for or on behalf of a
person resident in New Zealand, and
(c) the profits or remuneration are subject to New
Zealand tax.
(3) The provisions of-this paragraph shall not apply to the
profits or remuneration of public entertainers such as stage,
motion picture or radio artists, musicians and athletes.

10. (1) Any pension or annuity, derived from sources
within one of the territories by an individual who is a resident
of the other territory and liable to tax in that other territory
in respect thecof, shall be exempt from tax in the first men-
tioned territory.
(2) The term "annuity" means a stated sum payable
periodically at stated times, during life or during a specified or
ascertainable period of time, under an obligation to make the
payments in consideration of money paid.
11. A professor or teacher from one of the territories
who receives remuneration for teaching, during a period of
temporary residence not exceeding two years, at a university,
college, school, or other educational institution in the other
territory, shall be exempt from tax in that other territory in
respect of that reinuneration.
12. A student or business or trad.' apprentice from one of
the territories who is receiving full-time education or training
iv: the other territory shall be exempt from tax in that other
territory on payments made to him by persons in the first-
mentioned territory for the purposes of his maintenance,
education or training.









13. Income of a person who is a resident of the Presi-
dency (other than dividends paid by a company resident in
New Zealand) which is exempt from New Zealand tax under
any provision of the present Arrangement shall not be included
in that person's total income for the purposes of determining
the amount of any New Zealand tax payable in respect of
income of that person which is assessable to New Zealand tax.

14. (1) Subject to the provisions of the law of the
Presidency regarding the allowance as a credit against Presi-
dentini tax of tax payable in a territory outside the Presidency,
New Zealand tax payable, whether directly or by deduction,
in respect of income from sources within New Zealand shall be
allowed as a credit against any Presidential tax payable in
respect of that income. Where such income is an ordinary
dividend paid by a company resident in New Zealand, the credit
shall 'take into account the New Zealand tax payable in
respect of its profits by the company paying the dividend, and
where it is a dividend paid on participating preference shares
and representing both a dividend at the fixed rate to which the
shares are entitled and an additional participation in profits, the
New Zealand tax so payable by the company shall likewise be
taken into account in so far as the dividend exceeds that fixed
rate.

For the purposes of this paragraph any amount which is
included in a person's taxable income under any provision of
the law of New Zealand regarding the taxation of income from
the business of insurance shall be deemed to be derived from
sources in New Zealand.

(2) Where New Zealand tax is payable in respect of income
derived from sources in the Presidency by a person who is a
resident of New Zealand, being income in respect of which
Presidential tax is payable, whether directly or by deduction, the
Presidential tax so payable'(reduced by the amount of any relief
or repayment attributable to that income to which that person
is entitled under the law of the Presidency) shall, subject to such
provisions (which shall not affect the general principle hereof)
as may be enacted in New Zealand, be allowed as a credit
against the New Zealand tax (other than the social security
charge) payable in respect of that income:

Provided that where. the income is a dividend paid by a
company resident in the Presidency the credit snall be allowed
only if the recipient elects for the purposes of this sub-paragraph









to have the amount of such dividend together with the Presi-
dential tax (as so reduced) included in his assessable income for
the purposes of New Zealand tax.
Where such income is an ordinary dividend paid by a
company resident in the Presidency, the credit shall take into
account (in addition to any Presidency income tax appropriate
to the dividend) any Presidential profits tax payable by the
company in respect of its profits, and where it is a dividend paid
on participating preference shares and representing both a
dividend at the fixed rate to which the shares are entitled and
an additional participation in profits, the profits tax so payable
by the company shall likewise be taken into account in so far as
the dividend exceeds that fixed rate.
(3) For the purposes of this paragraph profits or remu-
neration for personal (including professional) services performed
in one of the territories shall be deemed to be income from
sources within that territory, and the services of an individual
whose services are wholly or mainly performed in ships or
aircraft operated by a resident of one of the territories shall be
deemed to be performed in that territory.
15. (1) The taxation authorities of New Zealand and the
Presidency shall exchange such information (being information
available under their respective taxation laws) as is necessary
for carrying out the provisions of this Arrangement or for the
prevention of fraud or the administration of statutory provisions
against legal avoidance in relation to the taxes which are the
subject of this Arrangement. Any information so exchanged
shall be treated as secret and shall not be disclosed to any persons
other than persons (including a Court) concerned with the
assessment or collection of, or the determination of appeals in
relation to, the taxes which are the subject of this Arrangement.
No information shall be exchanged which would disclose any
secret or trade process.
(2) As used in this paragraph, the term taxation authori-
ties means in the case of New Zealand the Commissioner of
Taxes or his authorised representative; and in the case of the
Presidency the Income Tax Commissioners or their authorised
representative.
16., This Arrangement shall be deemed to have come into
force on the llth day of August, 1951, and shall have effect-

(a) in New Zealand, as respects income tax for the
year of assessment beginning on the first day of April,










1951, and subsequent years; as respects social security
charge on salaries and wages as from the first day of
April, 1951; and as regards social security charge on
income other than salaries and wages as from the first day
of April, 1950, and subsequent years;

(b) in the Presidency, as respects income tax for the
year of assessment beginning on the first day of January,
1951, and subsequent years.

Made by the Governor in Council this iSth day of
January, 1952.
J. E. T. ROBERTS,
Clerk of the Council.


EXPLANATORY NOTE.

Section 52A of the Income Tax Ordinance, 1945 (No. 6 of 1945) as
amended by the Income Tax (Amendment) Ordinance, 1947 (No. 3 of
1947) provides for double taxation Arrangements with other territories
to be given statutory effect by Order in Council.

The Finance (No. 2) Act 1945 (9 & 10 Geo. 6 C. 13) provides for
double taxation Arrangements between the Government of the United
Kingdom and other Countries to be given statutory effect by Order in
Council. Under this provision the Double Taxation (Taxes on Income)
(New Zealand) Order, 1947 (S.R. & O. 1947, No. 1776) was made. In
the Schedule to this Order is set out the Agreement between the
United Kingdom and New Zealand Governments.

The above Agreement provided for its extension (with any desired
modifications) to all or any of the Colonies of either of the Contracting
Governments by a written' notification of extension given to the other
Contracting Government to take effect on the date named in such
notification.

The New Zealand Government has accepted formal notification
made on 12th June, 1951 from the United Kingdom Government of
extension to this Presidency of their double taxation arrangements
above referred to, to come into force on 11th August, 1951.

This Order seeks to give legal effect in the Presidency to these
arrangements.
2. Under the arrangements set out in this Order certain classes of
income derived from one country by a resident of the other country are
(subject to certain conditions) exempt from tax in the former country;
these classes are shipping and air transport profits, certain trading profits
not arising through a permanent establishment ", patent and copyright
royalties, pensions, purchased annuities, and earnings of temporary










business visitors. Dividends are exempt from any tax which is addi-
tional to the tax charged on the profits represented by the dividend.
Government salaries atre normally taxed by the paying Government only.
Remuneration of visiting professors and teachers is exempt in the
country visited.

Where income continues to be taxable in both countries, full credit
is given by the country of the taxpayer's residence for the tax payable
in the country of origin of the income.

Provision is included for the exchange of information between the
taxation authorities of the two countries.

This Arrangement takes effect for the fiscal year 1951/52.





































ANTIGUA.
Printed at the Government Printing Office Leeward Islands,
by E. M. Bi ACKMAN, Government Printer.-By Authority.
1952.


0. 31JO0016--425--2..52,


[ Price 14u.]




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