• TABLE OF CONTENTS
HIDE
 Main
 Antigua - Ordinances, No. 15 of...
 Antigua - Ordinances, No. 16 of...
 Antigua - Ordinances, No. 17 of...
 Antigua - Ordinances, No. 18 of...
 Virgin Islands - Ordinances, No....














Title: Leeward Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00174
 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: VID00174
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 225
        Page 226
        Page 227
        Page 228
        Page 229
        Page 230
    Antigua - Ordinances, No. 15 of 1952: Cinematographs (General Legislature Competency) (Repeal) Ordinance, 1952
        Page A-1
    Antigua - Ordinances, No. 16 of 1952: Importation of Live Fish Ordinance, 1952
        Page B-1
        Page B-2
    Antigua - Ordinances, No. 17 of 1952: Forestry (Amendment) Ordinance, 1952
        Page C-1
        Page C-2
        Page C-3
    Antigua - Ordinances, No. 18 of 1952: Tobacco (Amendment) Ordinance, 1952
        Page D-1
        Page D-2
        Page D-3
    Virgin Islands - Ordinances, No. 6 of 1952: Customs Duties (Amendment) Ordinance, 1952
        Page E-1
        Page E-2
Full Text





225


THE LEEWARD ISLANDS


G- A Z ETT E


vublisheb by lutt)omtp.


VOL. LXXX.


THURSDAY, liTiT DECEMBER, 1952


Notices.



The following letter received from
the Min, ister of Food. Lotdon, is pub-
lished for general int rmaniion:-

Dear Mr. MACDONALD,

Both during and since the war a
steady flow of food gifts has reached
these shores from frie.lds and well-
wishers overseas. They have been
distributed by the Commonwealth
Gift Centre with tlie ;isistance of
organizations in the United Kingdom
and have provided a welcome and
unexpected addition to the larders of
many who through age or infirmity
have found it hard to cope with the
difficulties they have had to face.
But they have done much more than
provide material aid: they have
brought home to us all the depth of
understanding, goodwill and sympa-
thy of countless friends throughout the
Commonwealth. So I speak not only
for those who have received gifts but
for all in the United Kingdom when
I say that we have been deeply
touched.
I know that thousands of letters
have carried the thanks of those who
have benefited and I am sure that
you are well aware of the depth of
their appreciation. But with the
closing of the Commonwealth Gift
Centre I should like to express the
gratitude of H.M. Government and of
the people of the United Kingdom to
all who have at any time contributed.
Your amazing generosity will remain
with us as a constant reminder of the
very real bond which unites us and
be an inspiration during the difficult
times we are now facing together.
May I ask for your kind assistance in
making the contents of this letter as
widely known as possible among all
who have given so freely.
Yours sincerely,
G. LLOYD GEORGE.

P. D. MACDONALD, Esq.,
Colonial Secretary.
The Secretariat,
Antigua.
Leeward Islands.

The Secretariat,
Antigua.
8th December, 1952.
Ref. No. 62/00035.
I


The Acting Administrator of Anti-
gua has been pleased to re-appoint
Mr. C. B. A. WATT as a Comnmin ioner
for the City of St. John's for a period
of one year from the 2nd December,
1952.

Administrator's Otice.
Antigua.
3rd December', 1952.
Ref. No. A. 50/16i.

It is notified for general informa-
tion that under the provisions of sec-
tion 6 of the Sugar Export Cess Ordi-
nance, 1951 the Governor in Council
has appointed the following to be
members of the Rehabilitation Fund
Committee for a term of two years
from the 18th November, 1952.

Acting Aqricultural Superin-
tendent-Chairman.
F. H. S. WARNEFORD, Esq.,
J. C. McMICHAEL, Esq.,
Hon E. E. WILLIAMS
C. E. FRANCIS, Esq.,
A. E. PETERS, Esq., M.B.E.

Administrator'8 Office,

Antigua,

6th December, 1952.
Ref. No. A. 7118.

It is notified for the information of
those concerned, that applications for
a share of the proceeds of the liquda-
tion of Japanese Assets in the United
Kingdom will be considered from
United Kingdom nationals normally
resident in the United Kingdom, who
were captured and imprisoned or in-
terned by the Japanese during the war
(or their widows) and who may now
be employed, whether short or long
term, either privately, commercial or
by government, in Antigua.

2. Intending claimants should ap-
ply immediately for the necessary ap-
plication form direct to the Ministry
of Pensions, Sanctuary Buildings,
Great Smith Street, London, S.W.1.

Administrator's O0fice,

Antigua.

6th December, 1952.
Ref. No. S. A. 31/33.


Notice is hereby given that
EDWARD JERZY ANTONI MIKESKA
of Trellis Bay, Beef Island, Tortola,
is applying to the Governor for
naturalisation, and that any person
who knows any reason why naturali-
sation should not be granted should
send a written and signed statement
of the facts to the Colonial Secretary,
St John's, Antigua.

No. 115.

The Governor has been pleased to
assent to the undermentioned Ordi-
nances:-

A ntigna.

No. 16 of 1952, "The Importation
of Live Fish Ordinance, 1952."
Dec. 3

No. 17 of 1952, "The Forestry
(Amendment) Ordinance, 1952."
Dec. 4

No. 18 of 1952, "The Tobacco
(Amendment) Ordinance, 1952."
Dec. 4

Virgin Islands.

No. 6 of 1952, The Customs Duties
(Amendment) Ordinance, 1952 ".
Dec. 3


No. 116.

The following Ordinances are cir-
culated with this Gazette and form
part thereof:-
Antigua.

No. 15 of 1952, "The Cinemato-
graphs (General Legislature Com-
petency) (Repeal) Ordinance, 1952."
1 pp. Price 3 cents.

No. 16 of 1952, "The Importation
of Live Fish Ordinance, 1952."
2 pp. Price 4 cents.

No. 17 of 1952, "The Forestry
(Amendment) Ordinance, 1952."
3 pp. Price 5 cents.
No. 18 of 1952, "The Tobacco
(Amendment) Ordinance, 1952."
3 pp. Price 5 cents
Virgin Islands.

No. 6 of 1952, The Customs Duties
(Amendment) Ordinance, 1952."
2 pp. Price 4 cents.


I

il !/i~~~


No. 54.









THE LEEWARD ISLANDS GAZETTE.


226


[11 December, 1952.


Firearms Ordinance, 1952.

It is hereby notified for general in-
formation that the Firearms Ordi-
nance, 1952 (No. 14 of 1952) will
come into operation on the 1st day of
January, 1953.

2. Copies of the Ordinance are
obtainable at the Administrator's
Office at the price of 25 cents each.

3. Every firearms dealer must
apply for and obtain from the Treas-
urer a licence to deal in firearms and
he will be required to keep a Firearms
Receipt Book and a Firearms Delivery
Book, which will be obtainable from
the Treasurer during the last week of
December of this year.

4. Persons keeping firearms must
apply for and obtain from the Treas-
urer either a licence to keep firearms
or an estates firearms licence, after
obtaining a Certificate of Fitness from
an officer of Police.

5. The appropriate forms of appli-
cation, of Certificates of Fitness and
of licences will be supplied by the
Treasurer.

6. The relevant fees for licences
are as follows:-
$
Licence to deal in firearms
per year ... ... 24.00


Licence to keep
per year
(a) shot-gun
(b) firearms
shot-gun
Estates firearms
for each and (
man or serve
therein, at t
year


firearms-

s each ...


2.40


NORTH STREET.
Charles Ramsay, Elsena Ramsay.

WILKINSON STREET.
Robert A. Carty.

WAPPING LANE.
Benjamin Lowen.

MARKET STREET.
John Nascimento.

HAWKINS STREET.
David E. Daniel.

LONG STREET.
Mary De Freitas.

NEVIS STREET.
Josaph Edwards, Hrs. of Eliza
Bennett, Annie Saheley, Hrs. of
Allaway.

SOUTH STREET.
Florence Sowerby.

CHURCH LANE.
Hrs. of Edward King.

OTTOS LANE.
Joseph A. Martin.
The same having been levied upon
to satisfy the City Rate due thereon
for the year 1952.

N. A. BERRIDGE,
Provost Marshal.


PROVOST MARSHAL'S OFFICE,
ANTIGUA, 27th NOVEMBER, 1952.


other than Notice is hereby given that there
is each ... 1.20 will be sold on the Premises in the
licences- City of Saint John, on Thursday the
-very watch- 18th day of ,December, 1952, at 12
'ant named o'clock noon, the Lands and Tene-
he rate per ments belonging to the persons here-
... ... 1.20 after named.


7. Licences expire on the 31st day
of May in each year and must be
taken out or renewed within the first
fourteen days of the month of June
in each year, or within fourteen days
next after the day upon which the
person shall first become liable to do
so.

8. Any existing licences granted
under the Arms and Ammunition
Ordinance, 1920 or the Gun Licences
Ordinance, 1899, will continue in
force until the expiration of the period
for which they were granted.

Administrator's Office,
Antiqua,
1st December, 1952.
M.P.A. 47/117.

PROVOST MARSH AL'S OFFICE,
ANTIGUA, 4th December, 1952.

Notice is hereby given that there
will be sold on the Premises in the
City of Saint John on Thursday the
29th day of December 1952, at 12
o'clock noon, the Lands and Tene-
ments belonging to the Persons here-
after named.

BISHOPGATE STREET.
Clifford Martin


ALFRED PETERS STREET.

Gwendolyn Simon, Eliza Jeffery.

DICKENSONBAY STREET.
Irene L. Blackett, Gwendolyn Simon,
J. A. Charity, Peter Philip, Kenneth
Murdock, Bertie Oliver, John Lucas,
Margaret Josiah, Archibald Weston,
Rosaline Morgan.

ST. JOHN'S STREET.

Est. of John Punter, Frances James,
Eliza Jeffrey, Nathaniel James, Est.
of Deman Benjamin, Est. of Annie
Thompson.

BISHOPGATE STREET.

George H. Joseph, Elizabeth Robin-
son, William Parker, John Dowe,
Sydney Benjamin.

POPESHEAD STREET.

George samuel.

NEWGATE LANE.
Heirs of Willock.

ST. JOHN'S LANE.


Estate of Sarah James.


MARKET STREET.

Heirs of Thos. Allaway (2)

HAWKINS STREET.

Joseph Davis, Alma Thibou, Alice
M. Higgins.

HOOD STREET.

Jeremiah Simon, Agnes Mayhew,
George B. Lake, Brunella Benjamin,
(2) Edgar Thomas, James H. King.

FORT ROAD.

Arthur Roberts, Gwendolyn Simon,
Calis Destin, Harold Scholar, George
Jarvis.

SOUTH STREET.

Tryphena Joseph.

OTTOS LANE.

Joseph A. Martin (2)

RODNEY STREET.

Joseph Davis.

NELSON STREET.

Joseph Davis (2) Sarah Luke, Joseph
Lewis, Heirs of Fred Charles, Gox
Coates, John Richard Joseph (2).

The same having been levied upon
to satisfy the City Rate due thereon
for the year 1952.

N. A. BERRIDGE,
Provost Marshal.

In the Court of Summary
Jurisdiction of the
Leeward Islands.


ANTIGUA CIRCUIT.
A. D. 1952.


Notice is hereby given that there
will be a sitting of the Court of Sum-
mary Jurisdiction of the Leeward
Islands held at the Court House in the
City of Saint John in the Island of
Antigua on Monday the 15th day of
December at 10 o'clock in the fore-
noon at which the following causes
will be heard:-


Plaintiff.


Defendant.


George James Caradoc Goodwin
John L. Charity George Lawrence
Warneford Emanuel Sarah Williams
Avis Parker Charles Daniel
Eugenie Thomas Sydney Samuel
Ickford Winter James 0. Rogers
Edwin Joseph Leonard Joseph
Jonas David Cyril James
Aubrey John Camacho John Went-
worth Hill
,, David Ephraim
Irwing E. A. Barnes
Dated the Sth day of December,
1952.

N. A. BERRIDGE,
Registrar.










11 December, 1952.1 THE

Post of Superintendent of
Public Works, Grenada.

Applications are invited for the
post of Superintendent of Public
Works, Grenada, on contract.for three
years.

SALARY: The salary of the post
-will be in the range from 1,200 to
1,500 per annum according to the
candidate's experience and qualifica-
tions. In addition, a transport allow-
ance at the rate of 315 per annum
is payable. Cost of living allowance
is not payable.

DUTTES: The Officer will be re-
quired to perform all duties apper-
taining to the office of Superintendent
of Public Works.

In addition, he holds the following
appointments by virtue of his office:

Chairman of the Central Road
Authority;

Chairman of the Central Water
Authority;

Chairman of the Queen's Park
Committee;

Member of several other Boards
and Committees.

He will also be required to under-
take such other duties as may from
time to time be imposed on him by
the laws of the Colony or by direction
of the Officer Administering the
Government. "

QUALIFICATIONS: The Candidate
must be a Corporate Member of the
Institute of Civil Engineers and must
have good Administrative experience
and ability.


LEEWARD ISLANDS GAZETTE,


227


QUARTERS: Quarters are not ordi- Under section 3, subsection (1) of
narily provided,' but if necessary, Antigua S. R, & 0. No. 22 of 1950,
consideration may be given to this provision is made for every person
question. In the event of quarters intending to erect a new building, or
being provided rental will be charged to reconstruct, add to, remove or alter
at a rate not exceeding 10 per cent. of a building shall apply in writing to
the officers salary. the City Commissioners.


LEAVE & PASSAGES: The officer
will be eligible to earn leave, provided
that his work and conduct have been
satisfactory, at the rate of one week
for each completed period of three
months resident service.

Free first class passages are pro-
vided on first appointment, and on
satisfactory termination of contract,
for the officer and his family.

Leave passages are not provided.

Applications should be addressed to
the Chief Secretary, Windward Is-
lands, St. George's, Grenada, and
must reach him not later than 31st
December, 1952.

Ref. No. 13/00004.



The general Public are hereby in-
formed that for the purpose of all
building applications the City Limit
has been extended for an area of one
mile beyond the present limits, and
including

(a) the dwelling houses, estates
works and buildings and the cot-
tages of labourers located on the
estates known as Ottos, Gambles
and the Villa; and

(b) Rat Island and Rat Island
Causeway.


Under section 10 of the S. R. O.
referred to above provision is made
that plots shall contain not more than
one dwelling house.

The above requirements are not
being complied with. It is therefore
the intention of the City Commission-
ers to see that they are rigidly carried
out so as to prevent any further
congestion.

J. M. HALLPIKE,
Ag. City Clerk.

City Commissioners Oiice,
Antigua.
27th November, 1952.
Ref. No. A. 65/7


RAINFALL FIGURES.

Central Experiment Station,
Antigua.


Jan.
Feb.
Mar.
Apr.
May
June
July
Aug.
Sept.
Oct.
Nov.
Dec.


1949.
1 60
2"07
5"52
3654
1"98
3'35
2'10
6'66
10.72
5.85
2'59
11


1950.
5"41
2'52
1"58
2"44
2-06
1.66
1.85
10.71
6.34
5.13
47243
1-72


1951.
3'60
1"88
1"09
2-16
10"54
2'74
3-28
9-18
12.06
3.90
3"67
3"97


1963.
241
1"60
1"62
3141
3"07
5.74
8.38
8.43
5.55
5.19
5.19
1.28


31'87 45-99 45-85 58-07 51*60








THE LEEWARD ISLANDS GAZETTE.


In the West Indian Court of Appeal
On Appeal from the Supreme Court of the Windward Islands and Leeward Islands,
(ANTIGUA)
(No. 1 of 1951)
Between:
COLONIAL MINERALS LIMITED Appellant (Plaintiff).
and
JOSEPH DEW & SON LIMITED Respondent (Defendant)
Before: MATHIEU PEREZ C.J., (Trinidad), COLLYMORE C.J., (Barbados), JACKSON C.J.,
(Windward Islands and Leeward Islands).
1952. December 2, 5.
G. O. M. O'REILLY, Q.C. and J. R. HENRY for appellant,
E. E. HARNEY for respondent.

JUDGMENT

The applellant in this case by assignment acquired the rights to mine for barytes at plantation
Belmont and Drews Hill, Antigua, under a lease by the respondent in favour of one James Alfred
Goodwin for a period of 10 years from the 1st July 1941 with a right of renewal for 15 years.
Clause viii (3) provides inter alia that:
"If the tenant shall at any time during the term hereby granted cease to work the
demised mine for a period of twelve (12) successive calendar months (such cessation not being
due to accidents, labour disputes or any unavoidable occurrence)..............................it shall be
lawful for the landlord at any time thereafter upon the demised premises and mine or any
part of them in the name of the whole to re-enter and thereupon this demise shall
absolutely determine but without prejudice to the right of action of the landlord in respect of
any breach of the tenant's covenants herein contained."
On the 9th September 1949 the respondent re-entered and took possession of the said mine
for a breach of the covenant hereinbefore set forth and served on the appellant a notice of re-entry in
the following terms:-
Take Notice that in pursuance of the power given to us by a Lease dated the 19th day
of June, 1941, and made between ourselves the undersigned of the one part and James Alfred
Good win of the other part with respect of a certain mine seam or bed of Barytes in or under
ALL those plantations or Estates lands and hereditaments situate in the Parish of Saint John
in the Island of Antigua called and known as Belmont" and Drews Hill" which said
Lease was on the 28th day of March, 1942, assigned by the said James Alfred Goodwin to
yourselves WE HEREBY REVOKE and DETERMINE each and every licence liberty and
authority given for the purpose of working the said mine on account of your having ceased to
work the demised mine for a period of twelve (12) successive calendar months.
AND WE FURTHER GIVE YOU NOTICE that acting under the authority given us
by the terms of the said Lease we have this day re-entered into possession of the said mines.
Dated this 9th day of September, 1949.

JOSEPH DEW & Son Ltd.
(Sgd.) R. CADMAN-Director.
(Sgd.) H. L. NORRIS WHITE-Secretary."

The appellant thereafter brought an action against the respondent claiming
(i) a declaration that the respondent was not entitled to re-enter on the demised premises
inasmuch as
(a) the reversion of the demised premises had become vested in and subject to
the control of the Crown under and by virtue of the provisions of the Minerals
(vesting) Ordinance 1948 (No. 1 of 1949)
(b) alternately, the provisions of section 9 of the Law of Property Amendment
Act Cap. 93 were not complied with by the respondent.


228


11 December, 1952.]







11 December, 1952.] THE LEEWARD ISLANDS GAZETTE.' 229,
(ii) A declaration that the appellant was entitled to possession of the demised premises
(iii) Possession
(iv) Damages for wrongful re-entry.
The action was tried by Manning J. who gave judgment for the respondent and from that
judgment the appellant has appealed.
It was submitted for the appellant that even if in the circumstances the right of re-entry had
-accrued to the respondent failure on his part to give notice in compliance with the statute requiring such
notice would preclude him from enforcing that right. The Law of Property Amendmient Act Cap. 93
-enacts at section 9 (1).
A right of re-entry or forfeiture under any proviso or stipulation in a Lease, for a breach
of any covenant or condition in the lease, shall not be enforceable, by action or otherwise',
unless and until the lessor serves on the lessee a notice, specifying the particular breach comic
plained of, and if the breach is capable of remedy, requiring the lessee to remedy the breach,
and, in any case, requiring the lessee to make compensation in money for the breach, and the
lessee fails, within a reasonable time thereafter to remedy the breach, if it is capable of remedy,
and to make reasonable compensation in money, to the satisfaction of the lessor for the breach."
Now this section is exactly the same as section 14 (1) of the Conveyancing Act 1881, section
1.46 of the Law of -Property Act 1925 and a provision in the Trinidad Conveyancing and Law of
Property Ordinance (Cap. 27, No. 12). In the case of Rajw'antia v. Ruth Boodoosingh where in 1943
the Trinidad section came under review by this Court it was held that the' notice was a condition pr&-
-cedent to the exercise of the right of re-entry. In Box v. Jolly 1916 A.C. at p. 8 Lord Bickmaster
L.C. in his speech with reference to section 14 (1) of the Conveyancing Act 1881 said:
"The effect of this sub-section is plain. The right of re-entry which the lessor enjoys on
the breach of a covenant is not capable of being exercised against the lessee until the'conditions
in that sub-section have been satisfied. If such condition were not satisfied and entry were
attempted at common law, such entry would be a trespass; if proceedings were: instituted tb
obtain possession they would be instantly demurrable., That is the meaning of the phase,
L' shall not be enforceable by action or otherwise." Now the conditions precedent which the
lessor must perform are these. He must serve a notice, and that notice must specify the
breach of covenant which is the subject of complaint. That is, he must point out the, covenant
which he says is broken; and he must specify the breach of which he complains."
Thus it is settled law, as the authorities throughout the years have indicated, that a notice
must precede re-entry and it must state with sufficient particularity the nature of the breach of which
complaint is made. The course the trial took is manifest from a perusal of the pleadings and a study of
the notes of.evidence along with the notes of the addresses of counsel at the trial; the alleged notice of
the 9th September 1949 was that on which the respondent relied as a sufficient discharge of its obliga-
tions under the relevant statute,; and indeed it is pleaded in paragraphs 3 and 4 of the defence as
follows:-
3. The Plaintiff for a period of over twelve (12) successive calendar months prior to
the 9th day of September 1949 ceased to work the demised mine.
4. On the said 9th day.of September 1949 by notice in writing bearing said date the
defendant revoked and determined its licence liberty and authority previously given to the
Plaintiff or its assignor to work said mine because of the Plaintiff's failure to work the demise
mine for a period of twelve (12) successive calendar months prior to said date and thereupon
the defendant re-entered into possession of the said mine."
Moreover the learned Judge found The defendants gave notice to the plaintiffs on 9th
September 1949, and re-entered the same day." Before us counsel for the respondent conceded that
the notice of the 9th September, standing alone; did not comply with the prerequisites to the enforce-
ment of the right of re-entry as provided by The Law of Property Amendment Act Cap 93; and that'thia
notice was only an intimation that the respondent had already re-entered. In Counsel's view his cause
was not lost for he pressed upon us a submission that the respondent in a letter under date 26th April
1948 had -given notice of intention to re-enter on the 31st July 1948 if certain conditions were'not
fulfilled. In.this letter it is stated:-
The demised mine has not been worked for upwards of 12 successive calendar months'
and we would have re-entered the demised premises for breach of these convenants'but for the
fact that we were made to understand 't jiyou were importing up-to-date machinery to work
the mine in the mannert required-bydthe lease:."
As no machinery has as yet been imported by you, we give you notice that it is our inten-
tion to re-enter the demised premises on the 31st July 1948, if the machinery does not arrive
and work in keeping with the convenants is not commenced before that date."








THE LEEWARD ISLANDS GAZETTE.


The respondent did not re-enter but in spite of the basis on which the trial of the action was
conducted, now seeks refuge in this expressed intention to re-enter if certain conditions were not
fulfilled. In support of his argument Counsel cited the case of the New Kirer Company v. Crumpton
1917 1 K.B. 762: There the defendant a tenant to plaintiff under a lease containing a covenant to repair
was on the 11th December 1914 served with a notice under the conveyancing Act 1881 specifying the
breach of the covenant to repair and the repairs required to be done. On the 22nd
March 1916 the notice to repair was substantially uncomplied with and the plaintiff on
that date brought an action for possession. It was held that :s the only object of the notice under the
Act was to inform the tenant what she was required to do, no new notice was necessary to support the
action even though so long an interval as twelve months had elapsed between the expiry of the notice
and the commencement of the action. In that case the breach was a continuing ,ne, was clearly specified
and was not subject to change, whereas in the present case the period of the breach envisaged by the
convenant is peculiary related to the date of the notice; the breach must in our view on .the date of notice
have existed for 12 months last past; that is for the 12 months immediately preceding the notice. The
breach alleged in the letter of the 26th April 1948 is not the same as that alleged in the notice of the 9th
September 1949 and is not the same as that pleaded. The respondent's submission must therefore fail.
To sustain the view submitted on behalf of the respondent would be to permit after a lapse of years the
revival of a conditional notice to re-enter for a limited and specified breach of a non-continuing nature.
This would be concordant neither with the spirit nor language of the statute, and more would be a
violation of its plain meaning.
Both Counsel addressed arguments on the first ground of appeal as to whether or not the
conjoint effect of The Vesting (Minerals) Ordinance 1948 (No. 1 of 1949) and section 6 of the Law of
Property Amendment Act Cap. 93 was to vest the reversionary estate of the demised premises in the
Crown. Holding the view that the giving of a proper notice is an essential prerequisite of the enforce-
ability of the right of re-entry and that as here there was no such notice we think it unnecessary and
inexpedient to express any definite opinion on that aspect of the matter.
It follows from the above that the respondent was not entitled to re-enter in and upon the
demised premises on the 9th September 1949 and that the appellant is entitled to the possession of the
demised premises. No argument was addressed to us on the question of damages nor was any evidence
led in respect of it at the trial; we therefore award nominal damages in the sum of five dollars ($5.00).
The appeal is allowed with costs here and in the Court below.

J. L. M. PEREZ,
Chief Justice (Trinidad and Tobago).

E. A. COLLYMORE,
Chief Justice (Barbados).

D. E. JACKSON,
Chief Justice (Windward Islands and Leeward Islands).
Dated 5th December, 1952.

















ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E. M. BLACKAN
Government Printer-By Authority.
1952.
[Price 29 vents.]


[11 Decembler, 1952.







15 of 1952. Cinematographs (General Legis- ANTIGUA.
lature Competenoy) (Repeal).

[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
2nd December, 1952.







ANTIGUA.

No. 15 of 1952.

An Ordinance to repeal the Cinematographs
(General Legislature Competency) Ordi-
nance, 1931.

BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:-

1. This Ordinance may be cited as the Short Title.
Cinematographs (General Legislature Com-
petency) (Repeal) Ordinance, 1952.
2. The Cinematographs (General Legisla- Repeal.
ture Competency) Ordinance, 1931, is hereby b/1931'
repealed.
EDWIN A. THOMPSON,
President.

Passed the Legislative Council the 10th
day of November, 1952.

G. A. THIBoU,
Clerk of the Council.

ANTIOUA.
Printed at the Goveriunent Printing (ffioe. Leewfard Lslands.
by E. M. BLACKMAN. (overument Printer.-By Authority.
/ 1 c152.
XA. 47/119-430-12.52. 52 Price 3 cents.


3- f?C








Importation of Live Fish.


[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
3rd December, 1952,







ANTIGUA.

No. 16 of 1952.

An Ordinance to regulate the importation of live
fish into the Presidency.

BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:-

1. This Ordinance may be cited as the Im. Short Title
portation of Live Fish Ordinance, 1952.

2. (1) Any person who imports into the Prohibition of
Presidency any of the species of live fish mentioned Importation.
in the Schedule to this Ordinance shall be guilty of
an offence against this Ordinance.

(2) The Governor in Council may by order
delete from, vary or add to the Schedule to this
Ordinance any species of live fish.

8. Any person who imports into the Presi- Importation
dency any species of live fish other than those under license.
mentioned in the Schedule to this Ordinance except
in compliance with a licence granted by the
Administrator of the Presidency shall be guilty of
an offence against this Ordinance.

4. Any person guilty of an offence against General
this Ordinance shall be liable on summary convic- Penalty.
Stion to a fine not exceeding fifty dollars or to
imprisonment for a period not exceeding three


ANTIGUA


No. 16 of 1952.









inportation of Live Fish.


months, and any fish in respect of which the offence
has been committed shall be liable to be forfeited.

EDWIN A. THOMPSON,
President.

Passed the Legislative Council this 10th day
of November, 1952.
G. A. THIBOU,
Clerk of the Council.



SCHEDULE.
Black Bass.
Carp (all varieties).
Gold Fish (all varieties).




























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


No. 16 of 1952.


ATIeonA. 2


Price 4 eents.


A. 33/3-455-12,52.







No. 17 of 1952. Forestry (Amendment) Ordinance.

[L.S.)
I ASSENT,
K. W. BLACKBURNE,
Governor.
4th December, 1952.







ANTIGUA.

No. 17 of 1952.

An Ordinance to amend further the Forestry
Ordinance, 1941.

BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:-
1. This Ordinance may be cited as the Fores-
try (Amendment) Ordinance, 1952 and shall be
read as one with the Forestry Ordinance, 1941, as
amended, hereinafter called the Principal Ordinance.
2. Section 2 of the Principal Ordinance is
hereby amended by the deletion therefrom of the
definition of the expression Board ".

3. Part I of the Principal Ordinance is here-
by repealed and replaced as follows:-
"PART I.
FOREST OFFICERS.
3. The Governor may appoint such
persons to be Forest Officers as may be
necessary for the carrying out of' the
provisions of this Ordinance.
4. For the purposes of this Ordi-
nance the Agricultural Superintendent of
the Presidency shall be Chief Forest
Officer."

4. Section 10 of the Principal Ordinance is
hereby amended by the renumbering of the section
A as subsection (1) and by the addition thereto as
3^. 7q97

cookt 2


ANTIoTA.


Short Title.
7/1941.
3/1942.
1/1944.


Amendment of
section 2 of
the Prinoipal
Ordinance.

Part I of the
Principal
Ordianoe re-
pealed and
replaced.

Appointment
of Forest
Officers.


Chief Forest
Ofcer.



Amendment of
section 10 of
the Principal
Ordinance.








ANTIGUA. 2 Forestry (Amendment) Ordinance. No. 17 of 1952.


Amendment of
section 17 of
the Principal
Ordinance.


Sections 19A
and 19B re-
pealed and re-
placed by new
section 19A.


Minor Amend-
ments.


subsection (2) of the following:-

(2) Any person who contravenes any
of the provisions of subsection (1) of this
section shall be guilty of an offence against
this Ordinance. "

6. Section 17 of the Principal Ordinance is
hereby amended by the substitution of a semi-colon
for the full stop appearing at the end thereof and
the addition thereafter of the following:-

(f) prescribing penalties not exceed-
ing a fine of forty-eight dollars for the breach
of any rules or regulations made hereunder. "

6. Sections 19A and 19B of the Principal
Ordinance are hereby repealed and in place thereof
the following shall have effect:-


Who may 19A. Any complaint in respect of
prosecute. .
of any offence against this Ordinance or
any rules or regulations made thereunder
may be laid or made by the Chief Forest
Officer or by any person duly authorised
in writing in that behalf by the Chief
Forest Officer."


7. The amendments specified in the second
column of the Schedule to this Ordinance, being
minor amendments of the Principal Ordinance,
shall be made to the provisions of that Ordinance
specified in the first column of the said Schedule.


Repeal. 8. The Forestry (Amendment) Ordinance,
/ 19 1942, and the Forestry (Amendment) Ordinance,
1944, are hereby repealed.
Commence- 9. This Ordinance shall come into operation
ment on a date to be fixed by the Governor by proclama-
tion published in the Gazette.

EDWIN A. THoMPSON,
President.

Passed the Legislative Council the 10th day of
November, 1952.

G. A. THIBou,
Clerk of the Council.









Forestry (Amendment) Ordinance 3 ANTIroA.


SCHEDULE.


AMENDMENT.


SECTION


10.



11, 13, 15.


16.



18, 19.



20.


21.


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


For the expression Secretary to the Board there
shall be substituted the expression "Chief
Forest Officer ""

For the expression Board" there shall be sub-
stituted the expression Chief Forest Officer ".

For the expression Board and the expression
"Secretary" there shall be substituted the
expression Chief Forest Officer ".

For the expression member of the Board there
shall be substituted the expression Forest
Officer ".

For the expression Board there shall be sub-
stituted the expression Chief Forest Officer ".

The words or any rules or regulations made there-
under shall be deleted.


No. 17 of 1952.


A. 471109-455-12.52.,


Prica 5 cents.







( Tobacco Amendment).


[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
4th December,,1952.







ANTIGUA.

No. 18 of 1952.

An Ordinance to amend further the Tobacco Ordi-
nance, 1947.
BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:-
1. This Ordinance shall be cited as the Short title.
Tobacco (Amendment) Ordinance, 1952, and shall
be read as one with the Tobacco Ordinance, 1947, 3/1947.
as amended, hereinafter called the Principal Ordi- 10/1960.
nance.
2. Section 8 of the Principal Ordinance is Amendmentof
hereby amended by the addition next after subsec- section oat
tion (4) thereof of the following subsection as Ordinance.
subsection (5) :-
(5) Any person who acts in contra-
vention of or fails to comply with any of the
provisions of the preceding subsections of this
section shall be guilty of an offence against
this Ordinance."
3. Section 9 of the Principal Ordinance is Amendmentof
hereby amended as follows:- ectiion 9 o
Ordinance.
(a) by the deletion in subsection (1) of Ordinance
the last sentence therein commencing with the
words Every entry ";
X (b) by the renumbering of subsection (2)
as subsection (3);
324, 7174
L LB7&


No. 18 of 1952.


ANTIGUA.








ANTIGUA. 2 Tobacco (Amendment).


(c) by the addition next after subsection
(1) thereof of the following subsection as
subsection (2):-

(2) On the purchase of such tobacco
the tobacco pedlar shall produce to the
seller thereof his Pedlar's Purchases Book
and on the production of such book the
seller shall record therein the particulars
of the sale in the manner set out in sub-
section (1) of this section and shall sign
his name immediately under or at the
end thereof:
Provided that the agent or servant of
the seller may sign on his behalf so long
as the name of such seller is also entered
in the book.";

(d) by the addition next after subsection
(3) thereof of the following section as sub-
section (4):-

(4) Any person who acts in contra-
vention of or fails to comply with any of
the provisions of the preceding subsec-
tions of this section shall be guilty of an
offence against this Ordinance and shall
be liable on summary conviction to a fine
not exceeding two hundred and forty
dollars or to imprisonment for a term not
exceeding three months."

Amendment of 4. Section 9A of the Principal Ordinance is
setio 9i of hereby amended by the deletion of the word
the Principal
Ordinance. '' prescribe appearing in subsection (1) thereof and
the substitution therefore of the word direct ".

Section 13 of 5. Section 13 of the Principal Ordinance is
the Principal hereby repealed and replaced as follows:-
Ordinance
repealed and
replaced.
"Penalty. 13. Any person guilty of an offence
against this Ordinance for which no special
penalty is provided by thi, Ordinance shall be
liable on summary conviction to a fine not


No. 18 of 1952.









No. 18 of 1952. Tobacco (Amendment).


exceeding five hundred dollars or to imprison-
ment for a term not exceeding six months."

EDWIN A. THOMPSON,
President.

Passed the Legislative Council the 10th day
of November, ]952.

G. A. THIBOU,
Clerk of the Council.



































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


. ANTIGUA.


A. 47/81-455-12,52.


[Price 5 cents.]







No. 6 of 1952. Customs Duties (Amendment).

[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
3rd December, 1952.


VITGIN
ISLANDb.


VIRGIN ISLANDS.

No. 6 of 1952.


An Ordinance further to amend the
Duties Ordinance, 1927.


Customs


BE IT ORDAINED by the Governor and
Legislative Council of the Virgin Islands as
follows:-

1. This Ordinance may be cited as the Slort title.
Customs Duties (Amendment) Ordinance, 1952,
and shall be read as one with the Customs Duties
Ordinance, 1927, as amended, hereinafter called 9/1927.
the Principal Ordinance.


2. Section 4 of the Principal Ordinance is
hereby amended by the addition thereto of the
following subsection as subsection (3) thereof:
(3) The Legislative Council may from
time to time by resolution add new items to the
Fourth Schedule to this Ordinance and specify
the rate of export duty payable thereon or
increase, reduce, abolish or otherwise alter the
export duty leviable on any of the items set
out in the said Schedule."

3. The following section is hereby substitu-
ted for section 18A of the Principal Ordinance:-

18A. The Legislative Council may from
time to time by resolution increase, reduce,
abolish or otherwise alter the Customs duty
leviable on any goods imported into the
Presidency or may impose Customs duty
upon any goods so imported whereon Customs
duty, at the time when such resolution is
passed, is not leviable ".


Amendment
of section 4
of the Prin-
cipal Ordi-
nance.


Substitution
of section 18A
of the Princi-
pal Ordinance.
Power to alter
tariff.







VIRGIN 2 Customs Duties (Amendment). No. 6 of 1952.
ISLANDS.
Repeal. 4. The Customs Duty Ordinance, 1936, is
No. 711936. hereby repealed.

J. A. CRUIKSHANK,
President.

Passed ttle Legislative Council this 15th day
of October, 1952.
H. CREQUE,
Clerk of the Council.


































ANTIGUA.
Printed at the Government Printing Offie, Leeward Islands,
by E. M. BI.ACKMAN, Government Printer -RB Authority.
1952.


47/00138-425--12.52.


[Prioe 4 cents.]




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs