Virgin Islands - Statutory Rules...

Title: Leeward Islands gazette
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00076863/00164
 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-
Subject: Politics and government -- Periodicals -- Leeward Islands (West Indies)   ( lcsh )
Genre: periodical   ( marcgt )
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: VID00164
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
        Page 185
        Page 186
        Page 187
    Virgin Islands - Statutory Rules and Orders, No. 2 of 1952: Customs Duties (Exemption) Order, 1952
        Page A-1
        Page A-2
Full Text




It is notified for general informa-
tion tha Mr. ROGER R. PARLOUR
has been appointed as Assistant Trade
Commissioner for the Canadian Gov-
ernment at Port-ol'-Spain. Trinidad.
Mr. PARLOUR'S territory, in addi-
tion to Trinidad and Tobago, will
include Barbados. British Guiana,
Leeward Islands and Windward Is-

The Secretariat,
61h October, 1952.
Ref. No. 77/00030.

It is notified for general informa-
tion that, pending the issue of Her
Majesty's Exequatur, Senor DON
has been accorded provisional recog-
nition as Consul-General of Spain in
London with jurisdiction to include
all British overseas Territories with
the exception of Northern Rhodesia,
Mauritius, Tanganyika, Nyasaland,
Basutoland, Bechuanaland and Swazi-
The Secretariat,
11th October, 1952.
No. 19/00001.

It is notified for general informa-
tion that, pending the issue of Her
Majesty's Exequatur, Senor Dr. DON
accorded provisional recognition as
Venezuelan Consul-General at Trini-
dad in place of Senor Dr. CARLOS

The Secretariat,
13th October, 1952.
Wo. 19/00001.

No. 97.
Appointm,.nts and transfers, etc.,
in the public service, with effect from
the dates stated, are published for
general information:-

SADAMS, C., P.O. Cl. III, Holberton
Hospital, appointment terminated.

28.June 30

L48 71,

de FREITAS, D. A. S., Registrar and
Additional Magistrate. St. Lucia, to
be Additional Magistrate. Antigua.
Sept. 22

de FREITAS, D. A. S., Additional
Magistrate, Antigua, to act Magis-
trate, Districts A and B. Antigua.
SSept. 22

FRANCIS, J., Head Linesman, Tele-
phone Department, Antigua, retired
on account of ill health.
Sept. 30

No. 98.
The following Statutory Rule and
Order is circulated with this Gazette
and forms part thereof:-
Virgin Islands.

No. 2 of 1952, "The Customs
Duties (Exemption) Order, 1952."
2 pp. J rice 4 cents.

Aid to Pioneer Industries Ordi-
nance, 1951. (Montserrat
No. 3 of 1951.)

In pursuance of the requirements
of section 3 (2) of the Aid to Pioneer
Industries Ordinance, 1951, (Mont-
serrat No. 3 of 1951), it is hereby
notified for general information that
the Governor-in-Council proposes to
make the undermentioned Order
under section 3 (2) of the said

Any person who objects to the
making of such Order should give
notice in writing of his objections
and of the grounds on which he relies
in support thereof to the Clerk of the
Executive Council on or before the
6th day of November, 1952.
Ag. Clerk of the Council.

Commissioner's Office,
Plymouth, Montserrat.
2nd October, 1952.

Aid to Pioneer Industries (Man-
ufacture of Electric Current)
1. SHORT TITLE. This Order
may be cited as the Aid to Pioneer
Industries (Manufacture of Electric
Current) Order, 1952.

2. DECLARATION. The establish-
ment, maintenance, and operation in
the Presidency of the manufacturing
plant for the manufacture of Electric
Current is hereby declared to be a
Pioneer Industry for purposes of the
Aid to Pioneer Industries Ordinance,
1951, and the said Electric Current
so manufactured is hereby declared
to be a pioneer product for the said
Made by the Governor in Council
under section 3 (1) of the Aid to
Pioneer Industries Ordinance (No. 3
of 1951) this day of 19
Ag. Clerk of the Council.
Ref. No. 47/00037.

Provost Marshal's Ofice,
26th September, 1952.

The list of Defaulters in payment
of Land Tax for the current year
having been lodged in my office
I hereby give notice to all persons
concerned that it is my intention to
take immediate proceedings for the
recovery, as the law directs, of all
amounts due.
Provost Marshal.


Central Experiment Station,

1948. 1949. 1950. 1951.


Jan. 2.82 1'50 5'41 3'60 2'41
Feb. "57 2'07 2'52 1'88 1"60
Mar. 1.89 5'52 1-58 1-09 102
Apr. .59 3-54 2-44 2-16 3'14
May 2.80 1-98 2-06 1054 3'07
June 3.38 3-35 1.66 2-74 5'74
July 1.37 2-10 1.85 3-28 8.38
Aug. 2.29 6'66 10.71 9-18 8.43
Sept. 3.79 10.92 6.34 12.06 5.66
Oct. llth 1.18 1.47 .48 2.58 .54

20.68 39.11 35.05 49'11 40.48



oublishLe bo Au


No. 44.

~ ~


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

Presidency of the Virgin Islands
co- Defendants
and Joint-Plazntifs
(1952 No. 3-VIRGIN ISLANDS.)
Before: MANNING, Acting P. J.
1952-May 8, August 14:
E. E. HARNEY for Plaintiffs
J. R. HENRY for Defendants

1. These actions have been consolidated by consent. They relate to land situated in Kings-
town in the island of Tortola in the British Virgin Islands. In the year 1916 a man named Ephraim
Maclean went to reside in this part of Tortola. Maclean proceeded to occupy some portion, it is not
clear how much. He died about 1937; his wife Maria then continued to occupy the land. It may be
gathered from her evidence in these actions that she knew she had no title to the land which she occupied
or to any other land in the district.
2. Ii 19 [8 a man named Pritchard was visiting Tortola. He had left the island before these
actions were htl d; and there is consequently no violence from him to explain his part in the transac-
tions whi:.h occurred. The documentary evidence which has been produced indicates that he persuaded
Maria Maclean to sell himn land iii the district and to recognize hin as an agent for the sale of other land.
T!lhse trais:.ncions were covered by deeds. Maria Maclean swore in the various transactions that she had
b.-en in un-litiiturbe possession for more than 20 years. Pritchard, as her agent, sold to the Maduros,
the defend ints in suit No. 2 of 1952, 21 acres of land. In 1949 he sold to Mr. Laidlaw, the defendant
in suit No. 3 of 1952, land which was said to have been bought from Maria Maclean. In the same year
Maria Maclean jointly with Pritchajd sold other land to Mr. Laidlaw and she herself conveyed a further
third portion to Mr. Laidlaw. The purchase price for all these portions of land was paid to Pritchard.
Maria Maclean stated that all she got was $100; and that she was never paid for the land she purported
to sell to Pritchard.
3. The Maduros fenced in and occupied the land conveyed to them. Mr. Laidlaw occupied
the land conveyed to him and built a house on it. He had bought other land contiguous to this with
which this action is not concerned. There was no protest from anyone concerning the occupation by the
Maduros. In 1950 the plaintiffs in suit No. 3 of 1952 protested at Mr. Laidlaw's having built on the
land; but they had apparently watched with unconcern the erection of his house.
4. In suit No. 2 of 1952 Evanna Chapman claims the land occupied by the Maduros. In her
statement of claim it is described as consisting of two reas known as Fanny King" and Donovan ";
and in paragraph 3 she alleged that she squatted on the land in or before the year 1916. In paragraph
4 she alleged that her mother had held the land for a long number of years previously to 1916 and had
died in 1939 intestate. In paragraph 3 she alleged that for a period of 32 years after 1916 she held the
land in undisputed and continuous possession and received the rents.
5. In her evidence she said that her grandmother Frances King owned the land known as
Fanny King land. Her mother inherited this. Donovan was so called after a man that owned it.
Her mother and her mother's children including herself, occupied the Donovan land. After her
mother's death in 1939 she occupied. The use of the word "occupied" is a misnomer; she and her
mother left the district in 1916 and went to live at Road Town, the capital of Tortola, on the other side
of the bay. After leaving Kingstown they exercised rights of possession over the land through two

[16 October, 1952.


successive agents, Shannon and Skelton, collecting rents from tenants named Walter Malone and Irving
Maduro. iihy ga.'e Mia.i MaccIi ,.,ii permoi.ion to keep gZass on a portion, the portion since sold to the
Maduros. Evanna's uncle in 1932 rented to Joseph Antonio Maduro, one of the defendants, part of the
land since sold to him and the others by Maria Maclean.
6. There was evidence from Walter Malone and Irving Maduro that they rent land in the
district, bordering on the land claimed, from Evanna Chapman.
7. Shannon is now dead; but Skelton gave evidence that the family of Evanna Chapman
owned land in the district. He himself rented a portion from Shannon and on Shannon's death he
took charge of the land. Of the land conveyed to the Maduros part had been rented by Shannon to one
Caroline Mercer, then to Joseph Antonio Mad'uro; part belonged to Shannon but was never rented; part
belonged to Evanna Chapman. Maria Maclean, he said, was sent to live there by Evanna.
8. One The: iosia Venzent said she rented land in the district from the Chapman family.
9. In suit No. 3 of 1952 the plaintiffs are one Sarah Scatliffe and the same Evanna Chap-
man. Mr. Laidlaw, as has been seen, purchased three pieces of land. Scatliffe claims two of these and
Chapman one; and Mr. L'idhlw admits that the three pieces as described in the statement of claim are
the identical pieces conveyed to him. Scatliffe bases her claim to one portion on the ground that the
land was formerly in the possession of her ancestors, her immediate predecessor in title being her father
John Donovan. Her claim t. the other portion is based on the ground that her father had squatted on
it for 50 years and had died in possession.
10. Her evidence was that she was born in the district in 1885. She resided there until her
marriage in 1911. Her father occupied the portions claimed until his death in 1927; she then took
charge. She rented part of the land to Maria Maclean.
11. Chapman's claim was based on undisputed and continuous possession from 1914 to 1949.
The land was formerly in possession of two of her grandmothers and then in the possession of her
mother, who died intestate in 1939.
12. One Adelaide Donovan, an aunt of Scatliffe's, gave evidence that the Donovan family
occupied land, portion of which was conveyed in 1949 to Mr. Laidlaw. A witness named Mercer testi-
fied that both Scatliffe and Chapman had lived on part of the land now occupied by Mr. Laidlaw.
13. Out of this rather confusing account the only facts that emerge are that Evanna Chap-
man's mother occupied land in the district until 1916. On that date they both left the district; they
have not occupied any land there since. They retained possession of some land through tenants, but
this particular land is not included in any of the land claimed in these actions. Scatliffe's father occupied
laud in the district until his death in 1927. Scatliire herself left the district in 1911 and has never
occupied land there. There is no satisfactory evidence that either Ephraim or Maria Maclean ever paid
rent to either C!h q,!n m! or Scatlile, or ever acknowledged that the land they occupied was by permission
of either Chapman or Scatliffe.
1 t. Mr. Harney, in his brief opening on behalf of the plaintiffs, said that as long ago as 1845
the land in the Kings1cowvi area w:is granted by Qu(een Victoria to a number of settlers, either liberated,
shipwrecke.l or cipture.l slaves. lThe Land w.i, iarrelled out among them; but, so far a:s can be
gathered, t1 ire were never anly docimnents of t:.l. Some left the district; their land then remained
unoccupied ,_r was taken iver by other settlers. So.n, e liel; their relatives took over their uands; there
were no wvl s, no) letter of idiniiiis iti n. Th r', manist lwayvs have been a certain :tanotiit of unoc-
cupied land and this altorded a iield for tile inti-rn :ii, oi persons like the Maicleans. It miia. be surmised
that the pl:itiffs in tlhee suits were dIseendants of thle original settlers; but they followed the pattern
of some of tiern by aiba:ndonii, the land; Ch'pin ina and her mother abrandtoned land occupied by them;
and Scatliffe land occupied by her father. So loag is they were in occupation or in constructive posses-
sion they ,uid not be distmurbe,. Evanna Chapmlan's allegation that she squatted on the land claimed
since 1916 is incorrect; it wi i in 1916 that she left, never to return to claim possession until the
Maduros and Mr. Laidlawv had been well established. Scatliffe left the land occupied by her father in
1911; on his death in 1927, she did not return to take possession, nor (lid she assert any possessory rights
until Mr. L:idlaw had cakeni possession and built on the land. The evidence as to the extent and
boundaries of the land occupied by Sarah Chapman and John Donovan is very vague. Apart from any
questions that arise as to the right of either of these plaintiffs to sue as personal representatives of their
respective parents, the evidence does not warrant an order depriving the Maduros or Mr. Laidlaw of
possession of the properties which they have purchased. The titles of their vendors may be regarded
as precarious but they cannot be ousted until a claim is established by some person or persons with a
clear right to possession.
15. The claims of the plaintiffs in their actions fail. Judgment for the defendants in each
case with costs.
A (tili Puisne Judge.
14th August, 1952.
Printed at tl. ; Government Printing Office, Le- ward Islands, by E. M. BLAC'KMAN.
Government Printer.--;y Antlho'ity.
Price cents.2.
[Price 9 cents.]

16 October, 1952.]


1952, No. 2.


WHEREAS it is provided by section 18A of the Customs
Duties Ordinance, 1927 (No. 9 of 1927) as amended by the
Customs Duty Ordinance 1936 (No. 7 of 1936) that the Gover-
nor in Council may from time to time by Order increase, reduce,
abolish or alter, and where the circumstances so warrant, grant
exemption from payment of customs duty leviable on goods
imported into the Presidency, or may impose customs duty
upon any goods so imported whereon customs duty, at the
time such order is made, is not leviable:
AND WHEREAS it is desirable that the Governor in
Council should grant exemption from payment of customs duty
in respect of certain goods imported into the Presidency.
NOW, THEREFORE, in exercise of the powers vested
in him bysection 18A of the Customs Duties Ordinance, 1927
(No. 9 of 1927) as amended by the Customs Duty Ordinance,
1936 (No. 7 of 1936) the Governor in Council is pleased to
order and it is hereby ordered:
1. This Order may be cited as the Customs Duties
(Exemption) Order, 1952.
2. The Second Schedule to the Customs Duties Ordi-
,nance, 1927, as amended, is hereby further amended as
(i) by the insertion therein as item 120 of the following
new item:-
"12C. ARTICLES imported or taken out
of bond by or on behalf of any benevolent or
philanthropic organisation recognized as such by
the Governor for the construction, furnishing,
decoration and repair of a community centre or
community centres."
(ii) by the insertion therein as item 41A of the following
new item:-

"41A. (1) (a) Relief packages originating
in the United States and sent by parcel post or
commercial channels addressed to an individual
residing in the Presidency whether packed pri-
vately or by an order placed with a commercial
(b) Supplies of relief goods or standard
packs donated to or purchased by United States
voluntary non-profit agencies qualified under
Economic Co-operation Administration (herein-
after referred to as E.C.A.) regulations and con-
signed to charitable organizations in the Presi-
dency which shall be approved by the Governor.

(c) Standard packs put up by United States
voluntary non-profit relief agencies or their
approved agents, qualified under E.C.A. regula-
tions, to the order of individuals in the United
States and sent for delivery addressed to
individuals residing in the Presidency.
(2) In this item:-
(a) "Relief packages" shall not include
goods other than foodstuffs, discarded apparel,
medical supplies, or soap, and shall not exceed
22 lb. gross weight;
(b) Relief goods shall not include tobacco,
cigars, cigarettes, or alcoholic liquors; and
(c) Standard packs" shall contain only
such articles as qualify under E.C.A. regulations
and are approved by the Governor."
(iii) by the insertion therein as item 52A of the follow-
ing new item.
52A. WIRE, fencing."
Made by the Governor-in-Council this 22nd day of
August, 1952.
Clerk of the Council.

Printed at the Oovermnent Printing Offioe, Leeward lelauls,
by E. M. BLACKMAN, Govern mnt Printer.-By Authority


Price 4 cents.

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