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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/UF00076863/00187
 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: VID00187
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 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
    General Government - Statutory Rules and Orders, No. 5 of 1954: Stamps (Saint Christopher, Nevis and Anguilla) Order, 1954
        Page A 1
        Page A 2
    Virgin Islands - Statutory Rules and Orders, No. 4 of 1954: Resolution of the Legislative Council abolishing the Customs Duties on accoutrements, etc.
        Page B 1
Full Text








THE LEEWARD


GAZET1


VOL. LXXXII.


THURSDAY, 18TH


Notices.

International Regulations for
Preventing Collisions at Sea.
The Collision Regulations (Ships
and Seaplanes on the water) and
Signals of Distress (Ships) Order,
1953, S. I. 1953 No. 1557 made under
Section 418 of the Merchant Ship-
ping Act, 1894 (() came into opera-
tion on the Ist January, 1954.

2. The British Ships to which,
wherever they may be, the Collision
Regulations apply include, among
others:-

(a) Ships registered in the Colo-
nies under the Merchant Shipping
Act 1891.
(b) Ships registered under sec-
tion 88 oS the Merchant Shipping
Act 1894.
(c) Ships registered in Colonies
etc., which have their own Mer-
chant Shipping Legislation and
have repealed section 418 (1) of
the Merchant Shipping Act 1894,
in its application to such ships, in
exercise of the powers conferred
by section 735 (1) of the Merchant
Shipping Act 1891.

3. Paragraph 3 of Article 1 of
the new Order revokes certain pro-
visions relating to aircraft on the
surface of the water which are con-
tained in the Air Navigation Order,
1949, and the Colonial Air Naviga-
tion Order, 1949, as subsequently
amended. The revoked provisions
are indicated in Part II of the Third
Schedule to the Order. When the
Order comes into operation on the
1st January, 1954 these provisions
will no longer he needed as seaplanes
on the surface of the water (except so
far as distress signals are concerned)
will thereafter be dealt with in the
ColliSion Regulations set out in the
First Schedule to the Order. Signals
of distress for aircraft are at present
dealt with in Schedule II of the Air
Navigation Order, 1949 and Sched-
ule II of the Colonial Air Navigation
Order. 1949 and these provisions will
be re-enacted in the new Air Naviga-
tion Order which is at present in
preparation and in the corresponding
Colonial Air Navigation Order."

4. The following are some of the
more important changes:-
(i) They apply to seaplanes on the
water as well as to ships.


(ii) Under the existing Regulations
a second white masthead light is
optional. Under the new Regu-
lations the second light becomes
compulsory for power-driven
vessels under way except for
vessels less than 150 feet in
length and for vessels engaged
in towing.
(iii) The lights shown by fishing
vessels when fishing must be
visible at a distance of at least
two miles.
(iv) The stern light which under
the existing Regulations ie
optional becomes compulsory,
and its range of visibility is in-
creased from one to two miles.
(v) The range of visibility of
anchor lights is increased for all
vessels under 150 feet in length
from one to two miles and for
vessels of 150 feet in length and
over from one to three miles.
In day time vessels at anchor
must carry a black ball not less
than two feet in diameter in the
fore part of the vessel, Vessels
aground must carry in daytime
three black balls, placed in a
vertical line one over the other
and not less than six feet apart.
(vi) Vessels of more than 350 feet
in length when at anchor in fog,
mist, falling snow, heavy rain-
storms or any other condition
similarly restricting visibility
must, in addition to ringing a
bell in the forepart of the vessel,
sound in the after part a gong or
or other instrument, the tone and
sounding of which cannot be
confused with that of the bell.
(vii) A new sound signal (one pro-
longed blast of the whistle) is
prescribed for a power-driven
vessel nearing a bend in a chan-
nel where another power-driven
vessel might be approaching
from the other direction but
cannot be seen.

(viii) When a power-driven vessel
which, under the Regulations,
has to keep course and speed is
in sight of another vessel and is
in doubt whether the other vessel
is taking sufficient action to avert
collision, she may indicate her
doubt by giving at least five

short and rapid blasts on the
whistle.

5. The International Conference
on the Safety of Life At Sea, 1948
which approved the Regulations also


adopted the following recommenda-
tions:-

The Conference, while recognizing
that the recent advances in radar
and electronic navigational aids
are of great service to shipping,
is of the opinion that the posses-
sion of any such device in no
way relieves the Master of a ship
from his obligations strictly to
observe the requireentets laid
down in the International Regu-
lations for Preventing Collisions
at Sea, and in particular the
obligations contained in Pales
15 anil 16 of those Regnlations.

Copies of the Order (Price 6d.)
may be obtained from:-

Her Majesty's Stationery Olfice,
York House, Kingsway,
London, W.C. 2.
Ref. No. A. 7(0/44.

Workmen's Compensation Act.

The attention of persons in Anti-
gua employing workmen, defined by
the Workmen's Compensation Act,
1937, is directed to the notice dated
12th February, 1953 published in
the Leeward Islands Gazette on the
26th February, 1953 whereby such
persons are required to render, on or
before the 15th day of February in
every year to the Labour Commis-
sioner, a correct return in respect of
the preceding calendar year specify-
ing:-
(u) The total number of injuries
to workmen during the year in
respect of which compensation has
been paid;
(b) The number of fatal injuries
included under (a);
(c) The total amount paid in full
settlement of claim for compensa-
tion in respect of non-fatal injuries;
(d) The total amount paid to
dependents in respect of fatal in-
juries:
(e) The number of non-fatal in-
juries which have been classified
as of a permanent nature;
(f) Full details respecting any
payment of compensation being
made on account of temporary dis-
ablement under section (4) (i) (d).
Dated the 5th day of February,
1954.
R. ST. J. O. WAYNE,
Administrator.
Ref. No. A 47/8.


I /J%7La


SN







No. 10.








THE LEEWARD ISLANDS GAZETTE.


It is notified for general informa-
tion that Sir CLEMENT MALONE
having relinquished his acting ap-
pointment as Chief Justice of the
Supreme Court of the Windward
Islands and Leeward Islands, the
Honourable Mr. Justice W. A. DATE
has been appointed to act as Chief
Justice with effect from the 4th
February, 1954, during the absence
of Sir DONALD JACKSON on a Com-
mission of Enquiry in British Guiana.
The Secretariat,
Antigua.


16th February, 1954.
Ief. No. 13/00083.


His Excellency has iss
strument appointing Mr.
RENWICK to act as Registra
with effect from the 11th
1954.
The Seoretariat,
Antigua.
12th February, 1954.
13/00048

No. 13.

Appointments and train
in the public service, with
the dates stated are pub
general information:-
BERRIDGE, E. G. O'M.,
Accountant (Income Ta:
Federal Treasurer.

No. 14.
The following Statutory
Orders are circulated with t
and form part thereof:-
<(eneral Governme
No. 5 of 1954, "The Sta
Christopher, Nevis and
Order, 1954." 2 pp. Pr

Virgin Islands.
No. 4 of 1954, Resolut
Legislative Council aboli
Customs Duties on acco
etc., for use of Youth Or
and on certain articles in
pioneer manufacturers."
1 pp. Pr

St. Kitts, Nevis & A
Postage Stamp
It is hereby notified f
information that postage
the values specified below
the Presidency of St. K:
and Anguilla will be release
in that Presidency on the
1954:-
1 cent: 2 cents; 3 cents;
5 cents; 6 cents and 12 c

The designs of these E
identical with those of tl
main issue except that the
Her Majesty Queen ELIZ
replaces that of His Lat
King GEORGE VI.

The Secretariat,
Leeward Islands,
At Antigua.
18th February, 1954.
Ref. No. 62/00010.


It is notified for general informa-
tion that Mr. J. R. A. McDoNALD,
M.B.E., Chief Accountant, has been
granted leave of absence during the
period 15th February to 19th May,
1954. Consequently Mr. E. G. O'1M.
BERRIDGB, Assistant Accountant, has
been appointed to act Chief Account-
ant.
Administrator's Office,
Antigua.
16th February, 1954.
Ref. No. A. E. 2390.


In the Supreme Court of the
Windward Islands and
Leeward Islands.
ANTIGUA CIRCUIT.
ned an In- In the matter of the Lunatics Act,
J. D. B. Cap. 111.
>r, Antigua, GENERAL ORDERS
SFebruary,
In exercise of the powers conferred
on me by section 9 of the Lunatics
Act I hereby order that where, upon
any appeal under the said section, the
issue whether the person alleged to
be a lunatic is or is not a lunatic and
a proper subject of confinement is to
be tried by a jury, the following pro-
cedure shall be adopted:-
sfers, etc., (1) lhe provisions of the Juries
effect from Act, Cap. 56, relative to the trial by
lished for common jury in the Supreme Court
of ai.y person charged with felony
Assistant other than treason or murder, shall
x) to act as be applied mutatis mutandis.
Feb. 15 (2) f he trial shall take place at the
first practicable sitting of the Supreme
Rules and Court in its criminal jurisdiction
his Gazette after notice of appeal has been filed.
(3) The respondent shall have the
nt. right au require the appellant to sub-
mps (Saint mit himself to medical examination
Anguilla) by one or more doctors either before
'ice 4 cents. evidence is taken or during the
course of the trial.
(4) The evidence of the. respondent
ion of the and Iis witnesses shall be taken
fishing the before that of the appellant and his
utrements, witnesses: Provided that the presi-
ganisations ding Judge may, in his discretion,
iorted by allow evidence in rebuttal to be
given at any stage of the proceedings.
ice 3 cents. (5) In all other respects the pro-
cedure shall be as nearly as possible
in accordance with the procedure
nguilla from time to time in force for the
gs. trial of indictable offences in the
Supreme Court.
or general Made this 8th day of February,
stamps of 1954.
for use in W. A. DATE,
itts, Nevis Puisne Judge.
led for sale
1st March, In the Supreme nourt of the
4 c s Windward Islands and
4 cents; Leeward Islands.
ents. SAINT CHRISTOPHER CIRCUIT.

stamps are A.D. 1954.
he current
Portrait of NOTICE is hereby given that in
;ABETH II pursuance of Rules made by the Chief
e Majesty Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts) Order-in-Council
1939, and duly approved as therein
provided on the 16th dlay of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of the Court in the Saint Christopher


[18 February, 1954.
Circuit has appointed the day of the
month on which the ensuing Circuit
Court shall sit as follows, that is
to say:-
The Saint Christopher Circuit on
FRIDAY the 26th day of FEBRU-
ARY, 1954 at 10 o'clock in the fore-
noon.
Dated the 25th day of January,
1954.
D. S. BROOKS,
Registrar of the Supreme Court.


Re death of EMANUEL GOVIA,
late of St. Paul's Village, in
the island of Saint Christo-
pher, a workman lately em-
ployed at Belmont Estate,
which death occurred on the
13th day of January, 1954.
COMPENSATION in the above
matter having been deposited with
me under Section 8 of the Work-
men's Compensation Act, the De-
pendants of the said EMANUEL
GOVIA, deceased,, are hereby required
to appear before the Commission-
er on SATURDAY, the 27th day of
FEBRUARY, 1954, at 10 oclock in
the forenoon at the Court House
Basseterre, when the Commissioner
will proceed to determine the distri-
bution thereof.
PROOF of relationship of depen-
dants to the deceased will be required
by the Commissioner to be furnished
by the claimants at the enquiry, such
proof to be in the form of Certificates
of Birth and Marriage as in the cir-
cumstances be necessary.
A CLAIMANT for funeral ex-
penses of the deceased must submit
and prove his claim to the Registrar
before the 26th day of February,
1954.
Dated the 26th day of January,
1954.
D. S. BROOKS,
Registrar of the Supreme Court.
Ref. No. A 36/00004.


In the Supreme Court of the
Windward Islands and
Leeward Islands.
NEVIS CIRCUIT.
A.D 1954.
NOTICE is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts) Order-in-Council,
1939 and duly approved as therein
provided on the 16th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of Court in the NEVIS CIRCUIT
has appointed the day of the month
on which the ensuing Circuit Court
shall sit as follows, that is to say:-
THE NEVIS CIRCUIT on Monday
the 12th day of April, 1954 at 10
o'clock in the forenoon.
Dated the 25th day of January,
1954.
D. S. BROOKS,
Registrar of the Supreme Court.
Ref. No. 26/00002.








THE LEEWARD ISLANDS GAZETTE.


TRADE MARKS OFFICE,
ANTIGUA, 2nd February, 1954.
STABILIMENTI DEMANIALI
RECOARO SOCIETY PER AZIONI
of Via Carlo Poerio No. 39, Milan;
Italy have applied for Registration of
one Trade Mark consisting of the
following:-

CHINOTTO RECOARO
in class 44 that is to say:-
Non alcoholic beverages
The Applicants claim that they
have used the said Trada Mark in
respect of the said goods for seven
years 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.
A. R. MEADE,
Acting Registrar of Trade Marks.
Vacancy for an Art Master at
the Queen's College for Boys,
British Guiana.
Applications are invited from
suitably qualified candidates for
appointment to a post of Art Master,


Queen's College, which will shortly
become vacant.
2. The salary of the post is in the
scale $3,000 x $120- $3,600/x $144-
$4,320/x $240-$4,800 per annum and
a temporary cost-of-living allowance
of $240 per annum is also payable.

3. Candidates should possess at
least the Art Teachers Diploma
(England) or its equivalent, awarded
after a course of 4-5 years at a
recognized Art School in the British
Commonwealth. Candidates must
have had several years teaching
experience in a Secondary School.

4. The person selected must be
prepared to take an active interest in
the school games--cricket, football,
hockey-and in some of the other
extra-mural activities, e.g., dramatic
and debating societies, science club,
Cadet Corps, Scouts.

5. The appointment will be pen-
sionable, subject to satisfactory service
during a probationary period of two
years, and the person selected will be
subject to the Colonial Regulations
and to local General Orders and
instructions in force for the time being
in so far as they are applicable. He
will also be eligible for vacation leave
at the rate of five (lays for each


completed month of resident service
up to a maximum of six months,
subject to the completion of a mini-
mum tour of service of two years.
The officer will be eligible for assisted
passages for himself (and, if he is
married, for his wife also) when
granted leave of absence, subject to
the provision of funds annually by
the Legislative Council and to the
requirements of the Public Officers
Leave (Passages) Regulations, I952.

6. Applications should be sub-
mitted to the Principal of Queen's
College, British Guiana not later than
the 15th of March, 1954, giving full
details of the officer's experience and
qualifications together with copies of
testimonials and a recent photograph
of the candidate.
Ref. No. 13/00004.

RAINFALL FIGURES.
Central Experiment Station,


Antigua.
1950. 1951. 1952.


1953.


1954.


Jan. 23 5.41 3.60 2.41 1.98 3.01
Feb. 13 2.52 .47 1.05 .69 .80
7.93 4.07 3.46 2.1;7 3.84


TRADE MARKS OFFICE,
ANTIGUA, 2nd FEBRUARY, 1954.

NESTLE'S PRODUCTS LIMITED of 309, North Side of Bay Street, Nassau, Bahama
Islands have applied for Registration of one Trade Mark consisting of the following:-


Ii
11901NIIIRIPII ID U Is 1 mman 1 ml lm 1ml O wlwo" h 11 I1111

RUNS" ...,.~ .


in Class 42 that is to say:-

Milk, milk products of all kinds, including cheese and butter.

The Applicants claim that they have used the said Trade Mark in respect of the said goods
for three months 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.
A. R. MEADE,
Acting Registrar of TradeMarAk.


18 February, 1954.]]







42 THE LEEWARD ISLANDS GAZETTE. [18 February, 1954.

ANTIGUA.

Control of Imports and Exports
Notice No. 1 of 1954
TENDER FOR FLOUR
Tenders are invited for the supply of 15,000 half bags of 100 lb. each E" grade flour from
Local Commission Agents of Canadian Flour Mills. Quotations should be C.I.F. Montreal, Halifax or
St. John and should include agents commission.
2. The E" grade flour must be milled solely from Canadian Hard Spring Wheat not lower
in grade than No. 3 northern and must be of the following minimum standard:-
Maximum moisture 14.00%
Maximum ash .52%
Minimum protein 12.00%
All flour to be enriched in accordance with the following:-
Minimum Maximum
Thiamine 2.0 2.5 milligrams for each lb. flour
Riboflavine 1.2 1.5 ,, ,, ,,
Niacine 16.0 20.0 ,, ,
Iron 13.0 16.5 ,, ,, ,,
With Calcium
Carbonate 500 600 ,,
The name of the miller, analysis of the flour, the enrichment standard and brand name should
be stated in the tender. Chemist's certificate showing analysis of the flour, enrichment standard and
duly notarized must accompany documents. The (Supply Officer) however, exercises the right to
arrange for samples to be drawn and analysed on his behalf.
Shipping documents must include date of shipment of all flour and must indicate that it is
enriched and "Vitamin Enriched Flour" must be stencilled on each bag.
3. Flour to be loaded at Montreal, Halifax or St. John and shipped at rate of 5,000 half
bags of 100 lb. each month commencing early May 1954 and ending in July 1954.
4. Tenders should be in sealed envelopes marked "Tenders for flour" and should be
addressed to His Honour the Administrator and should reach the Administrator's Office not later than
4 p.m. on 31st March, 1954.
5. Government does not bind itself to accept the lowest or any tender.
Admninistrator's Ofice,
Antigua.
11th February, 1954.
Bef. No. A. 40/18







18 February, 1954.] THE LEEWARD ISLANDS GAZETTE. 43
IN THE COURT OF SUMMARY JURISDICTION OF THE LEEWARD ISLANDS
(ANTIGUA CIRCUIT)
APPELLATE JURISDICTION)
Appeal No. 13 of 1953
Between:
O'GILVIE FRANK,
PICKFORD JAMES Appellants (Defendants)
and
DONALD HARRIS
and
JOSEPH E. BYRON Respondent (Complainant)
Before: DATE, J.
C. E. FRANCIS for Appellants
D. A. DE FREITAS (Acting Crown Attorney) for Respondent
JUDGMENT.
The three appellants and one James Webber were together charged with bringing into the
territorial waters of the Presidency of Antigua fifteen cartons of Lucky Strike cigarettes in the sloop
" Fama ", a vessel of less than thirty tons burthen, contrary to section 13 (1) of the Prevention of
Smuggling Act, 1895, as replaced by section 2 of the Antigua Ordinance No. 2 of 1950. Webber pleaded
Guilty; the three appellants pleaded Not Guilty but were convicted by the Acting Magistrate of District
' A ", and each of them was ordered to pay a fine of $3.60 or undergo imprisonment for seven days
with hard labour. The vessel and cargo were forfeited.
The Fama is a sloop of 5.94 tons burthen and trades between Barbuda, Antigua and St.
Kitts; O'Gilvie Frank is master of the sloop; the other two appellants (James and Harris) are members
of her crew.
On the morning of 23rd September, 1953, the sloop, manned by the three appellants and.
James Webber, arrived at Pigott's wharf, from Barbuda, with a load of conchs. There were no passen-
gers on board. The vessel was searched by the police and fifteen cartons of Lucky Strike cigarettes were
found under some loose floor boards at the stern. The attention of the Master and crew was drawn to
the cigarettes. They said they knew nothing about them.
At the trial of the appellants in the Magistrate's Court there was no proof that the appellants
were in any way concerned with the secreting of the cigarettes or that they had knowledge that the
cigarettes were in the vessel. It would appear, from the master's evidence, that Webber went on board
before the others.
The only question for consideration by this Court is whether the present case falls outside the
general principle expressed in the maximum actus non fact reum, nisi mens sit rea." The law on the
subject is clear: guilty knowledge, or a guilty mind, is an essential ingredient in every offence unless a
contrary intention appears either from the words of the 'statute creating the offence or from some
peculiarity in its scope and object; and the general rule will prevail in all cases where the terms of the
statute leave open the question of intent.
The section of the Act under which the appellants were convicted reads as follows:-
13. (1) No spirits or tobacco shall be brought into the territorial waters of this Presi-
dency or imported into or exported from this Presidency in any vessel of less than thirty
tons burthen:
Provided always that whenever it shall be made to appear to the Treasurer that any person
desiring to import: into or export from any part bf this Presidency any spirits or tobacco is
unable to procure a vessel of thirty or more tons burthen wherein to import or export the same it
shall be lawful for the Treasurer by writing under his hand to grant permission in the form
set forth in Schedule B hereto for a vessel of less than thirty tons burthen to be used for such
purpose aforesaid and for such period and subject to such conditions as he may see fit, and he
may refuse to issue such permission without reason assigned, and may recall, cancel or vary
any such permission already issued.
(2) Any vessel arriving at any port or place in the island of Antigua from the island of
Barbuda or at any place in the island of Barbuda from the island of Antigua, shall be deemed
and dealt with in such like manner as if such vessel had arrived from any port outside the
limits of this Presidency for the purpose of this section only.







THE LEEWARD ISLANDS GAZETTE.


(3) Any person offending against the provisions of this section shall be liable on summary
conviction to a penalty not exceeding twenty-four hundred dollars, and all spirits or tobacco
brought into the territorial waters of this Presidency, imported or exported contrary to the
provisions contained therein shall be forfeited.
Section 13A provides for the forfeiture of any vessel of less than thirty tons burthen which
has on board any tobacco and comes within the territorial waters of the Presidency, unless the Master of
the vessel satisfies the Treasurer that the vessel came within such waters through stress of weather or
other good and sufficient cause.
The only other section of the Act to which special reference need be made is section 18 (2),
which places upon the defendant the onus of proving that goods have been legally imported and duties
thereon paid where any question arises whether the goods have been legally imported or the duties paid.
It will thus be seen that where the Legislature intended to shitt the onus of proof it has
expressly done so, and that the Act makes provision for the forfeiture of vessels even in cases where
convictions are not recorded individuals. Having regard to the terms and general scheme of the Act,
I see no reason for concluding that offences under section 13 come within the exceptions to the important
rule of law set out above.
This appeal is therefore allowed, with costs 4. 13. 0. and the convictions and orders set aside,
save, of course, the order for forfeiture of the vessel and her cargo.

W. A. DATE,
1st February, 1954. Puisne Judge.

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS

(ANTIGUA CIRCUIT)
(APPELLATE JURISDICTION)
Appeal No. 11 of 1953.
Between:-

CELESTINA HENRY and
THEOPHILUS HENRY Appellants (Defendants)
and
KETURAH LORD Respondent (Plaintiff)
Before:- DATE, J.
J. R. HENRY for Appellants.
S. T. CHRISTIAN for Respondent.
JUDGMENT.
This is an appeal against a decision of an Acting Magistrate of District A whereby judgment
was given for the respondent (plaintiff) for $8 and costs $9.20 in an action ior money had and received.
It is somewhat difficult to follow the Reasons for Decision given by the learned Magistrate, but the case
for the respondent, which was accepted by the Magistrate, appears to be that the respondent, through one
Millicent Roberts, bought a pig from the appellants for $8. The purchase money was paid before the
respondent saw the pig. When she did see it she was dissatisfied and immediately returned it to the
appellants with the explanation that it was too small. The appellants received back the pig, and on
various occasions promised to return the purchase money but have not yet done so.
At the trial in the lower court the appellants denied having any transaction with the respondent.
They said they sold the pig to Millicent Roberts, that it was brought back and left in their pen by the
respondent's mother, who asked them to sell it for her, and that they never agreed to take it back.

As already indicated, the Magistrate accepted the respondent's version. In this Court it was
not contended that he was not entitled to do so on. the evidence before him: the burden of the appellants'
complaint here was that the contract was complete when the pig was paid for and taken away, and that
there was no consideration for the alleged promise of the appellants to return the money. This submis-
sion is at variance with the facts. By mutual consent the pig was taken back by the appellants who, in
consideration of its return, undertook to refund the money. It would clearly be unconscionable for the
appellants to retain both the money and the pig, and, in the circumstances, the money received by them
can, I think, properly be treated in law as money had to the use of the respondent.
This appeal is dismissed, with costs 3. 3. 0, and the Order of the Magistrate is affirmed.

W. A. DATE,
1st February, 1954. Puisne Judge.


[18 February, 1954.







THE LEEWARD ISLANDS GAZETTE.


IN THE COURT OF SUMMARY JURISDICTION OF THE LEEWARD ISLANDS.
ANTIGUA CIRCUIT
(APPELLATE JURISDICTION)
Appeal No. 12 of 1953.
Between:
DAVID BROWN Appellant (Defendant)
and
EDGAR T. TONGE, Respondent (Complainant)
(Sub-Inspector of police )
Before: DATE, J.
E. E. HARNEY for Appellant.
D. A. DE FREITAS (Acting Crown Attorney) for Respondent.
JUDGMENT.
At about 7.30 p.m. on 23rd July, 1953, a motor car driven by the appellant along Factory
Road knocked down a woman and collided with another car. The appellant stopped for a few minutes
but drove away before the police arrived. Around 9 p.m. that same evening the appellant was met in
Market Street, some half a mile or so away from the scene of the accident, and was taken to the Police
Station where he was told by Sergeant Roberts that he would be charged with dangerous driving. A
summons was issued in the Magistrate's Court, District A ", on 22nd August, 1953, and the appellant
was subsequently tried and convicted.
Two grounds of appeal were advanced in this Court, the first being that there was no evidence
before the learned trial Magistrate to show that the offence was committed in Magisterial District "A ".
This is an objection to jurisdiction and as such should have been taken in the court of first instance if it
is to be taken at all. It was not so taken.
The second ground of appeal argued by Mr. Harney on behalf of the appellant was that no
warning of intended prosecution in the manner prescribed by section 57 of the Vehicles and Road Traffic
Ordinance, 1946, was given the appellant. The section reads as follows:-
57. Where a person is prosecuted for an offence under any of the provisions of this Part
of this Ordinance relating respectively to the maximum speed at which motor vehicles may be
driven, to reckless or dangerous driving, and to careless driving, he shall not be convicted unless
either-
(a) he was warned at the time the offence was committed that the question of
prosecuting him for an offence under some one or other of the provisions aforesaid
would be taken into consideration: or
(b) within fourteen days of the commission of the offence a summons for the
offence wa:s served on him; or
(c) within the said fourteen days a notice of the intended prosecution specifying the
nature of the alleged offence and the time and place where it is alleged to have been
commit ted was served on or sent by registered post to him or the person registered
as the owner of the vehicle at the time of the commission of the offence:
Provided that-
(i) failure to comply with this requirement shall not be a bar to the conviction of the
accused in any case where the Court is satisfied that-
(a) neither the name and address of the accused nor the name and address of
the registered owner of the vehicle could with reasonable diligence have
been ascertained in time for a summons to be served or for a notice to be
served or sent as aforesaid; or
(b) the accused by his own conduct contributed to the failure;
(ii) the requirement of this section shall in every case be deemed to have been com-
plied with unless the contrary is proved.
This section makes it clear that a prerequisite to every prosecution for dangerous driving is the
giving of a warning of intended prosecution to the accused, and that that warning must be effected in one
or other of the three modes prescribed at paragraphs (a), (b) and (c) of the section. The requirement is
deemed to have been satisfied unless and until the contrary is proved; failure to comply with it is not a.
bar to conviction where the accused by his own conduct contributed to such failure.


18 February, 1954.]







THE LEEWARD ISLANDS GAZETTE.


It is common ground that the summons in this case was not served on the appellant within-
fourteen days of the commission of the offence, nor was any notice of intended prosecution served on or
sent by post to him or the person registered as the owner of the car. The question for determination,
therefore, is whether the verbal warning given to the appellant at the Police Station about an hour and a
half after the accident complies with paragraph (a) of the section and, if not, whether the appellant, by
leaving the scene cf the accident before the arrival of the police, can be said to have "contributed to
their failure to comply with the provisions of the section.
I entirely agree with the learned Magistrate that the words "at the time the offence was
committed must be given a wide interpretation; to hold otherwise would be to expect the police to do
the impossible, namely, to issue the warning of intended prosecution at the precise moment of the com-
mission of the offence. Such an absurdity cannot be imputed to the Legislature. In Jeffs v. Wells; 100
J.P.N. 406, a warning thirty-five minutes after the offence, but given at the earliest time reasonably
possible after the arrival of the police, was held to be at the time within the meaning of the corres-
ponding section of the English Act. In the present case the warning was given much later, but apart
altogether from that there is this very important difference between the two cases: in Jeffs v. Wells the
warning was given while the parties were still at the scene of the offence. Counsel for the respondent
was unable to refer this Court to any case in which a verbal warning given to a person at a place other
than the place where the offence was committed was held to be a sufficient warning; and it seems to me
that it would be straining the language of the statute unduly to hold that a w:irning so given is a warn-
ing "at the time the offence was committed." If this were accepted it would be practically impossible
to draw the dividing line between valid and invalid verbal warnings.
Now, can it be said that the appellant by his own conduct contributed to the failure of the
police to effect a proper warning ? It follows from what I have already stated that his departure from
the scene of the accident not only contributed to, but rendered it impossible for the police to adopt the
first alternative mode of warning provided by section 57. But there were two other modes open to
them, and they obviously were in a position to adopt either of them. In the cir-
cumstances it would, I think, be illogical to hold the appellant in any way responsible
for their failure to comply with the requirement of the section. The second and third alternative modes
of procedure were designed to meet precisely the cases in which the first alternative is impracticable. If
the appellant's departure from the scene of the accident before the arrival of the police offended against
the provisions of any other section of the Ordinance, he could have been prosecuted under that section;
but it cannot be used as an excuse for failure to serve proper notice under section 57 where the name and
address of both the driver and owner of the vehicle were from the outset known to the police.
The appeal is allowed, with costs 3. 13. 0, and the conviction quashed.

W. A. DATE,
1st February, 1954. Puisne Judge.






















ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E. M. BLAciMAN, ED.
Government Printer.-By Authority.
1954.
[Price 17 centsa;


[18 February, 1954.









LEEWARD ISLANDS.
GENERAL GOVERNMENT.
STATUTORY RULES AN) ORDERS.
1954, No. 5.

THE STAMPS (SAINT CHRISTOPHER, NEVIS AND ANGUILLA) ORDER,
1954, DATED FEBRUARY 15, 1954, MADE BY THE GOVERNOR IN
COUNCIL UNDER SECTIONS 4 AND 5 OF THE STAMP ACT (CAP. 135)
AS AMENDED.

1. CITATION. This Order may be cited as the Stamps (Saint
Christopher, Nevis and Anguilla) Order, 1954.
2. DEFINITION. In this Order the term "stamps" means
adhesive stamps for postage and revenue.
3. SPECIAL STAMPS, DESIGN AND VALUES. There shall be
used in the Presidency of Saint Christopher, Nevis and Anguilla,
concurrently with the uniform stamps for use throughout the Colony,
special stamps-
(a) of the design specified in the First Schedule to this
Order; and
(b) of the respective values, description and colour specified
in the first, second and third columns of the Second Schedule to
this Order.
4. DIES. The several dies and other implements required to
give effect to this Order shall be provided.
5. DESTRUCTION OF DIES AND RESIDUES OF STAMPS. The
several dies and other implements hitherto provided in respect of
special stamps of the values specified in the said Second Schedule
authorised for use in the said Presidency by the Stamps (Saint
Christopher, Nevis and Anguilla) Order, 1952 (S. R. & 0. 1952,
No. 12) together with all residues whatsoever of stocks of the said
stamps shall, as soon as practicable after the 28th day of February,
1954, he destroyed
6. PARTIAL 11IVOCATION. The Stamps (Saint Christopher,
Nevis and Anguilla) Order, 1952 (S R. & 0. 1952, No. 12) shall
cease to have effect in so far as it applies to special stamps, authorised
vfor use by the said Order, of the values specified in the Second
Schedule to this Order:

S 7oo 7
i. e?^ /










Provided that any of the said stamps sold before the 1st day of
March, 1954, may continue to be used unless or until otherwise
ordered.

7. COMMENCEMENT. This Order shall come in operation on the
1st day of March, 1954.

Made by the Governor in Council this 15th day of February,
1954.

A. E. PENN,
Clerk of the Council.




FIRST SCHEDULE.


The design of the stamps herein authorised for use shall bear the inscription
" St. Christopher Nevis and Anguilla ", the words "Postage" and Revenue ",
the denomination in figures, and shall include a portrait of Her Majesty Queen
Elizabeth II surmounted by the Royal Crown.

SECOND SCHEDULE.


Description.


A picture of:-
Bath House and Spa, Nevis
Warner Park, St. Kitts
Map
Brimstone Hill, St.. Kitts
Nevis from the sea, North
SPinney's Beach, Nevis
Sir Thomas Warner's Tomb,
St. Kitts


Colour.


Olive green/Orange
Green
Red/Purple
Red.
Blue/Grey
Blue

Blue/Brown


ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN. E.D. Government Printer.t-By Authority.
1954.


Value.


1 cent
2 cents
3
4
5 ,
6
12


~


62/00010 -460-2.54.


[Frice 4 cents.]









LEEWARD ISLANDS.
VIRGIN ISLANDS.


STATUTORY RULES AN) ORDERS.
1954, No. 4.


RESOLUTION OF THE LEGISLATIVE COUNCIL OF THE VIRGIN ISLANDS
DATED FEBRUARY 5, 1954, MADE UNDER SECTION 18A OF THE
CUSTOMS DUTIES ORDINANCE, 1927 (No. 9 OF 1927), AS
AMENDED.


BE IT RESOLVED by the Legislative Council of the Virgin
Islands as follows:-
(a) The Second Schedule to the Customs Duties Ordinance,
1927 (No. 9 of 1927), as amended, is hereby further amended by
the insertion therein, as items 12D and 12E respectively, of the
following new items:-
"12D. ACCOUTREMENTS, equipment and uniform
imported for the use of any youth organisation approved by
the Commissioner of the Presidency.
12E. AR I'CL ES imported for use in the manufacture
of ladies', men's and children's slippers, whether the said
slippers are exported or not, by the grantee of an exclusive
licence under section 11 of the Encouragement of Industries
Ordinance, 1953 (No. 10 of 1953).".
(b) The Resolution of the Legislative Council of the Presi-
dency passed on the 15th day of October, 1953 (S. R. & 0. 1953
No. 5) is hereby revoked.
Passed the Legislative Council this 5th day of February, 1954.
H. O. CREQUE,
Clerk of the Council.



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. H. BLacKIaN. E.D. Government Printer.--By Authority.
19.02.
Y 47/00138--460--2.54. [Price 3 cnts.]




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