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Title: Leeward Islands gazette
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Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00243
 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: VID00243
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 31
        Page 32
    Leeward Islands - Act, No. 12 of 1955: Interpretation and General Clauses Act, 1955
        Page A 1
        Page A 2
        Page A 3
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        Page A 5
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        Page A 12
        Page A 13
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        Page A 15
        Page A 16
        Page A 17
        Page A 18
        Page A 19
        Page A 20
        Page A 21
        Page A 22
        Page A 23
    Leeward Islands - Act, No. 13 of 1955: Police (Amendment) Act, 1955
        Page B 1
        Page B 2
        Page B 3
        Page B 4
        Page B 5
        Page B 6
        Page B 7
        Page B 8
        Page B 9
        Page B 10
        Page B 11
        Page B 12
        Page B 13
        Page B 14
        Page B 15
        Page B 16
        Page B 17
        Page B 18
        Page B 19
        Page B 20
        Page B 21
    Leeward Islands - Act, No. 14 of 1955: Small Charges (Amendment) Act, 1955
        Page C 1
        Page C 2
    Leeward Islands - Act, No. 15 of 1955: Supplementary Appropriation (1953) Act, 1955
        Page D 1
        Page D 2
    Leeward Islands - Act, No. 16 of 1955: Appropriation Act, 1955
        Page E 1
        Page E 2
        Page E 3
    Leeward Islands - Act, No. 17 of 1955: Local Constables (Amendment) Act, 1955
        Page F 1
        Page F 2
        Page F 3
        Page F 4
        Page F 5
    Leeward Islands - Act, No. 18 of 1955: Magistrates Code of Procedure (Amendment) Act, 1955
        Page G 1
        Page G 2
        Page G 3
        Page G 4
        Page G 5
        Page G 6
Full Text









TIILe


R)ILA1)


uTEslt.


VOL. LXXXIII. THURiSDAY, 17TH FEBRUARY, 1955.


NoticeM ,


INVALIDATION OF STAMPS.
It is hereby notified for general
information that, in accordance with
the provisions of the Stamps (Invalida-
tion) Order. 1955 Genernl Government
S. R. & O. No. 7 of 1955), the special
issue of Stamps originally authorized
for use by and under the Stamps
(Universal Postal Union) Order, 1949
(General Government S. R. & O. No.
37 of 1949), the continued use where-
of was authorized by the Stamps
(Continuance of Use) Orjer, 1953
(General Government S. R. & 0. No.
21 of 1953), will no longer be used
for the payment of postage or stamp
duties after the 14th August, 1955.
2. Provision has, however, been
made in the abovementioned Invalida-
tion Order for a period of grace of
three months thereafter, that is, on or
before the 14th November, 1955,
within which holders of stamps in-
validated by the Order may effect
their exchange at any Post Office in
the Colony in respect of a Leeward
Islands stamp and at a Post Office in
the Presidency of issue in respect of
a Presidential stamp for stamps of
equivalent value authorized for use in
such Colony or Presidency.
Tl, Secretariai,
Antiguia,
Leeward Islands.
Sth February, 1955.

BY THE COMMISSIONER OF
THE PRESIDENCY OF
MONTSERRAT.

A PROCLAMATION
ALLAN LOUISY,
Acting Commissioner.
WHEREAS by section 25 of the
Montsorrat Constitution and Elec-
tions Ordinance, 1952, (No. 1 of 1952)
it is provided that-
(1) The Governor may at any time,
by proclamation, summon, prorogue
or dissolve the Council; and
(2) The Governor shall dissolve
the Council at the expiration of three
years from the date of the return of
the first writ at the last preceding
general election, if it shall not have
been sooner dissolved.





,f, 7L-t 7


AND WHEREAS by section 26
of the said Ordinance, it is further
provided that there shall be a general
election at such time, within two
months after every dissolution of
the Council. as the Commissioner
shall by prochlmnation appoint:
AND WHEREAS by Proclamation
of the Governor dated the 1st day of
February, 1955, the said Council was
dissolved as and from the 10th day
of February, 1955.

NOW THEREFORE, I, ALLAN
LOuisy, Acting Conmmissionor of the
Presidency of Monts-rrat do by this
my proclamation appoint that there
shall Ibe a general election on the
18th day of March, 1955.

AND all Her Majesty's loving
subjects in the said Presidency and
all others whom it may concern are
hereby required to take due notice
hereof and give their ready obedience
accordingly.
GIVEN at the commissioner'ss Ofice,
Montserrat. the 11th day of
February, 1955, and in the fourth
year of Her Majesty's reign.

GOD SAVE THE QUEEN!

CONFIRMATION OF ORDINANCES.


No. It;.
The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercis- d in respect of the un-
dormentioned Ordinances:-

Antigua.
No. 7 4f 1954, The Development
(Housing Programme) Loan Ordi-
nance, 1954 "
47/00326.
No. 10 of 1954, The Development
(Cotton Ginnery and Electricity)
Loan (Amendment) Ordinance, 1954".
47/00158.
No. 12 of 1954, The Cotton Export
Ordinance, 1954 ".
47/00331.
St. Kilts-Nevis-Angiilla.

No. 10 of 1954, "The Electricity,
Ice and Cold Storage (Amendment
No. 2) Ordinance, 1954".
47/00139--II.


No. 17.

The following Acts are circulated
with this Gazette and form part
thereof:-

Leeward Islands.
No. 12 of 1955, "The Interpreta-
tion and General Clauses Act, 1955."
23 pp. t rice 25 cents
No. 13 of 1955, "The Police
(Amendment) Act, 1955.
21 pp. Price 23 cents
No. 14 of 1955, The Small Charges
(Amendment) Act, 1955."
2 pp. Price 4 cents
No. 15 of 1955, "The Supplemen-
tary Appropriation (1953) Act, 1955."
2 pp. Price 4 cents
No. 16 of 1955, "The Appropria-
tion Act, 1955." 3 pp. Price 5 cents
No. 17 of 1955, "The Local Con-
stables (Amendment) Act, 1955."
5 pp. Price 7 cents
No. 18 of 1955, "The Magistrate's
Code of Procedure (Amendment) Act,
1955." 6 pp. Price 8 cents


LEEWARD ISLANDS.

THE REGISTRATION OF UNITED
KINGDOM PATENTS ACT, 1925.


NOTICE IS HEREBY GIVEN
that ERNST JOHAN JENS HINRIKSEN,
have applied for registration in the
Leeward Islands of United Kingdom
Patent No. 669,973 dated the 6th day
of January, 1947 and issued on the
30th day of July 1952 and have filed
in the Registrar's Office at the Court
House St. John's, Antigua, a complete
copy of the specifications and the
Certificate of the Comptroller General
of the United Kingdom Patent Office
giving full particulars of this patent
which will be open to public inspec-
tion at the said office at any time
between the hours of 9.30 a.m. and
3.30 p.m. on working days except on
Saturday when the hours will be
from 9.30 a.m. to 12 noon.
Any person may within two
months from the date of this adver-
tisement give notice to the Registrar
of opposition to the issue of a certifi-
cate of registration upon any of the


No. 8.


C~








THE LEEWARD ISLANDS GAZETTE.


grounds prescribed in section 10 of
the Patents Act, 1906, for opposition
to grant of Letters Patent.

Dated the 4th day of February,
1955.
O. M. BROWNE,
Chief Registrar.

Registrar's Office,
Court House,
St. John's, Antigua.


In the Supreme Court of the
Windward Islands and
Leeward Islands.
SAINT CHRISTOPHER CIRCUIT.
A.D. 1955.
NOTICE is hereby given that in
pursuance of Rules made by the Chief
Justice under Section 16 of the Wind-
ward 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 the Court in
the Saint Christopher 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
MONDAY the 21st (lay of FEBRU-
ARY, 1955 at 10 o'clock in the fore-
noon.

Dated the 27th day of January,
1955.
H. S. L. MOSELEY,
Registrar of the Supreme court .
Ref. No. 36/00004.

University College Hospital of
the West Indies.
Applications are invited for the
post of Registrar in the Division of
Medicine at the above-named teach-
ing hospital which is in special
relationship with the University of
London. Higher qualifications desir-
able but not essential. The success-
ful candidate will be required to be
in Jamaica as early as possible after
appointment.


The appointment will be for one
year in the first instance, subject to
renewal. Salary is payable within
the scale 800 x 100-1,000/1,100
x 100-1,400 per annum, depend-
ing 'on experience and qualifications.
Single accommodation and board,
or a limited number of unfurnished
flatafor uamarrie;I or married officers,
are provided 'at a deduction of 125
per annum or 5% of salary. respect-
ively. Return first class passage by
sea will be paid for one person only.

Further information may be ob-
tained from the Hospital Manager
and Secretary, University College
Hospital, M o na P. O., Jamaica,
B. W. I., to whom applications stating
age, nationality and details of qualifi-
cations and experience, together with
three recent testimonials or the
names and addresses of three
referees, should be sent by the 28th
of February, 1955.

University College Hospital of
the West Indies.
Applications are invited for two
posts of Registrar or Senior Registrar
in the division of Surgery at the
above-named teaching hospital which
is in special relationship with the
University of London. Applicants
should possess a higher qualification
in Surgery. The successful candi-
dates will be required to assume
duties as soon as possible after the
15th of March and the 1st of June,
1955.

The appointments will each be for
one year in the first instance, subject
to renewal. Salary is payable within
the scale 800x100-1,000/1,100
x100--1,400 per annum, depend-
ing on experience and qualifications.
Single accommodation and board for
a limited number of unfurnished
flats for unmarried or married offi-
cers, are provided at a deduction
of 125 per annum or 5% of salary,
respectively. Return first class pas-
sage by sea will be paid for one
person only in each case.

Further information may be ob-
tained from the Hospital Manager
and Secretary, University College


Hospital, Mona P. 0., Jamaica,
B.W.I., to whom applications stating
age, nationality and details of qualifi-
cations and experience, together with
three recent testimonials or the names
and addresses of three referees, should
be sent by the 28th of February,
1955.


University College Hospital of
the West Indies.
Applications are invited for the
post of Senior Registrar in the
department of Diagnostic Radiology
at the above-named teaching Hospital
which is in special relationship
with the University of London,
Preference will be given to candi-
dates holding a diploma in diagnostic
radiology.

The appointment will be for one
year in the first instance, subject to
renewal. Salavr will be in the scale
1,000 x 100- 1,400 per annum,
depending on experience and qualifi-
cations. Single accommodation and
board or, a limited number of
unfurnished flats for unmarried or
married officers, are provided at a
deduction of 125 per annum or 5%
of salary, respectively. Return first
class passages by sea will be paid
for one person only.

Further information may be. ob-
tained from the Hospital Manager
and Secretary, University College
Hospital, Mona P. 0., Jamaica,
B,W. I., to whom applications stating
age, nationality and details of qualifi-
cations and experience, together with
three recent testimonials or the
names and addresses of three
referees and including the approxi-
mate date on which the candidate
could become available, should be
sent by the 28th of February, 1955.

RAINFALL FIGURES.

Central Experiment Station.
intigua.
1951. 1952. 1953. 1954. 1955.
Jan. 3.60 2.55 3.10 3.44 2.16
Feb. 5 .69 .62 .40
3.60 3.10 2.55 3.44 2.16


ANTIGUA.
Printed at the'Government Printing Office, Leeward Islands, by E. M. BLACKMAN,
Government Printer.-By Authority,
1955.


[Price 80 cents.]


[1', February, 1965.







No, 12 of 1955,


Jnte'pretation and (e;?era1
Ola118ey.


[L.S.]
I ASSENT,
K. \. BLACKBUHNE,
Governor.
1st February, 1955,






LEEWARD ISLANDS.

No. 12 of 1955.

An Act to amend and consolidate the law relating
to the construction of Acts and subsidiary
legislation, the shortening of the language
used therein, and for other matters relating
thereto.

ENACTED by the Legislature of the Lee-
ward Islands.
1. This Act may be cited as the Interpreta-
tion and General Clauses Act, 1955.
GENERAL PRINCIPLES OF INTERPRETATION.
2. (1) In this Act and in all other laws,
and in all public documents, enacted, made or
issued before or after the commencement of this
Act, the following words and expressions shall
have the meanings hereby assigned to them
respectively, unless there is something in the
subject or context inconsistent with such construc-
tion or unless it is therein otherwise expressly
provided:-
"Act" or "Federal Act" used in relation to
legislation means an Act of the General
Legislative Council of the Leeward Is-
lands and includes private Act and any
regulation, rule, by-law, proclamation,
order in council or order made under the
authority of any Act;


LIEWARD
IS1,ANDS.


Short title.


Interpreta-
tion of certain
terms,







LEEWARD 2 Interpretation and General No. 12 of 1955.
IsLANDS. Olauses.
"act" used with reference to an offence or
civil wrong, includes a series of acts, and
words which refer to acts done extend to
illegal omissions;
"British possession" means any Dominion or
any British Colony or Protectorate, or
any territory under Her Majesty's
protection or any territory in respect of
which a mandate or trusteeship is being
exercised by Her Majesty's Government
in the United Kingdom or the Govern-
ment of any part of Her Majesty's
dominions;
"Chapter", "Part", "section", "paragraph"
and "Schedule" denote respectively a
Chapter, Part, section and paragraph of,
and Schedule to the Act in which the
word occurs and "subsection" and sub-
paragraph" denote a subsection or sub-
paragraph of the section or paragraph in
which the word occurs;

"Christian name" means any name prefixed
to a surname, whether received in
Christian baptism or otherwise;

"coin" means any coin legally current in the
Colony;

"the Colony" means the Colony of the Lee-
ward Islands;

"commencement" used with reference to a
law means the date on which the law
comes into force;

"committed for trial" used in relation to any
person means committed to prison with
the view of being tried before a judge
and jury by any authority having power
to commit a person to prison with a view
to histrial, and includes a person who is
admitted to bail upon a recognizance to
appear and take his trial before a judge
and jury;







No, 12 of 1955. Interpretation and General 3 LEEWARD
Clauses, ISLANDS.
"common law" means the common law of
England;
"constable" means a police officer who is not
a subordinate police officer of the Police
Force and includes a Local Constable
appointed under the Local Constables ap. s83.
Act;

"Consul" or "consular officer" includes Con-
sul General, Consul, Vice-Consul, Con-
sular Agent and any person for the time
being authorized to discharge the duties
of a Consul General, Consul or Vice-
Consul;

"contravene" with its grammatical variations
and cognate expressions, in relation to
any requirement or condition prescribed
in any law, or in any permit, licence, or
other authority, granted under or in
pursuance of any law, includes a failure
to comply with that requirement or con-
dition;
"Chief Justice" means the Chief Justice of
the Supreme Court of the Windward
Islands and Leeward Islands;
"Court of Appeal" means the Court of Ap-
peal for the Windward Islands and
Leeward Islands constituted under the
Leeward Islands and Windward Islands
(Courts) Order in Council, 1939 (Im-
perial);

"Crown Agents" means the persons for the
time being acting in the United Kingdom
as the Crown Agents for Oversea Gov-
ernments and Administrations;

"Dominion" means a Dominion as defined in
the Statute of Westminster, 1931;

"the Gazette" means the official publication
printed and published in the Colony
under the title of "The Leeward Islands







LEEWARD 4 Interpretation and General No. 12 of 1955.
ISANDS. Clauses.

Gazette" and includes the Official Gazette
published in the Presidency of Saint
Christopher Nevis and Anguilla;
gazettedd" means published in the Gazette;
"Government Printer" means any printer for
the time being authorised by any Gov-
ernment to print the Gazette or any laws;
"Governor" means the Governor and Com-
mander in Chief for the time being of
the Colony and includes every person for
the time being administering the Gov-
ernment of the Colony and, to the extent
to which a Deputy for the Governor is
authorised to act, that Deputy;
"the General Legislature" means the General
Legislative Council established by the
Leeward Islands Acts, 1871 to 1950, as
amended;
"Governor in Council" means save as other-
wise provided by Letters Patent under
the Great Seal of the United Kingdom or
by Instructions under the Royal Sign
Manual and Signet, the Governor acting
with the advice of the Executive Council
of the Colony, or of a Presidency, as the
circumstances may require, and to such
an extent as may be provided by any
such Letters Patent or Instructions, in
accordance with that advice, but not
necessarily in such Council assembled;
"Government officer" means any person for
the time being in the employment of the
Government of the Colony or a Presi-
dency thereof;
"Her Majesty" or "His Majesty", "the
Queen" or "the King" or "the Crown"
means Her Majesty the Queen or His
Majesty the King, the Sovereign for
the time being of Great Britain and
Northern Ireland and all British posses-
sions, and includes the predecessors and







No. 12 of 1955. Interpretation and General 5 LEEWARD
Clauses. ISLANDS.
the heirs and successors of such Queen
or King;
"house" includes every message, part of a
message, house, part of a house, build-
ing, or other construction, whether
wholly or in part above or below the
surface of the ground, inhabited or
occupied either by day or by night by
man, whether beneficially or otherwise,
or intended to be so inhabited or
occupied;
"Imperial Act" or "Statute" means an Act
passed by the Imperial Parliament and
assented to by Her Majesty;
"Imperial Parliament" or "Parliament" means
the Parliament of the United Kingdom;
"Judge" includes the Chief Justice and any
Puisne Judge of the Supreme Court;
"land" and "premises" includes all tenements
or hereditaments, and also all messages,
houses, buildings, or other constructions,
whether the property of Her Majesty,
Her heirs or successors, or of any cor-
poration, or of any private individual,
except where there are words to exclude
houses and other buildings;
"law" includes any Act, Local Act and any
subsidiary legislation or rule of court
made or given under the authority of any
law;

"Local Act" means an Act or Ordinance of a
Presidential Legislature;

"Magistrate" means a District Magistrate and
includes an Additional M lgistrate;

"master" used with reference to a ship means
any person (except a pilot or harbour
master) having for the time being con-
trol or charge of the ship;








LEEWARD 6 Interpetation and General No. 12 of 1955.
ISLANDS- Clauses.

"month" means a calendar month unless words
be added showing lunar month to be
intended;
"oath" and "affidavit" in the case of persons
for the time being allowed by law to
affirm or declare instead of swearing,
include affirmation and declaration, and
"swear" in the like case, includes "affirm"
and "declare";
"or," "other" and "otherwise" are, unless a
contrary intention appears, to be con-
strued disjunctively and not as implying
similarity, unless the word "similar" or
some other word of like meaning is
added;
"person" includes any corporation, either
aggregate or sole, and any club, society,
association or other body, of one or more
persons;
"Police Force" means the Leeward Islands
Police Force established and maintained
12/1951. under the Police Act, 1951;
"police officer" means a member of the Police
Force;
"prescribed" means prescribed by the law in
which the word occurs and in relation to
any subsidiary legislation means pre-
scribed by the Governor in Council unless
some other authority is mentioned in: the
Act in which the word occurs;
"Presidency" means a Presidency of the
Colony;
"Prison or Gaol" means the co--,non prison
or gaol of the Presidency which a
person is committed to prisoL

"property" includes money, goods, things in
action, land and every description of
property, whether real or personal; also
obligations, easements and every des-







No. 12 of 1955. Interpretation and General 7 LEEWARD
Clauses. IHLANDS.
cription of estate, interest and profit,
present or future, vested or contingent,
arising out of or incidental to property as
herein defined;
"public holiday" means any day or part of a
day which under the provisions of any
law for the time being in force is or is
declared to be or proclaimed as a public
holiday;
"public place" includes every public highway,
street, road, square, court, alley, land,
bridleway, footway, parade, wharf, jetty,
quay, bridge, public garden or open space,
and every theatre, place of public enter-
tainment of any kind, or other place of
general resort, admission to which is
obtained by payment, or to which the
public have access;
"recorded" used with reference to a document
means recorded under provisions of the
law applicable to the recording of such
document;
"registered" used with reference to a docu-
ment means registered under the provi-
sions of the law applicable to the
registration of such document;
"Registrar" means the Registrar appointed
for a Circuit of the Supreme Court of
the Windward Islands and Leeward
Islands in any Presidency;
"rules of court" when used in relation to any
court means rules made by the authority
having for the time being power to make
rules or orders regulating the practice
and procedure of such court;
"sell" with its grammatical variations and
cognate expressions, includes exchange
and barter;
"Secretary of State" means one of Her
Majesty's Principal Secretaries of State
for the time being;







LEEWARD 8 Interpre action and General No. 12 of 1955.
ISLANDR Cla'uses.

"the Secretary of State" means Her Majesty's
Secretary of State for the Colonies;
"service by post"-where any law authoiises
or requires any document to be served
by post, whether the expression "serve",
or the expression "give" or "send", or
any other expression is used, then, unless
a contrary intention appears, the service
shall be deemed to be effected by prop-
erly addressing, prepaying, and posting
a letter containing the document and,
unless the contrary is proved, to have
been effected at the time at which the
letter would be delivered in the ordinary
course of post;
"ship" means every description of vessel used
in navigation not exclusively propelled
by oars;
"sign" with its grammatical variations and
cognate expressions, with reference to
a person who is unable to write his
name, includes "mark" with its gram-
matical variations and cognate ex-
pressions;
"street" or road" includes any public
highway, street, road, thoroughfare,
square, court, alley, lane, bridleway,
footway, parade, passage, or open place
used or frequented by the public, or to
which the public have or are permitted
to have access;

subsidiary legislation means any regulation,
rule, by-law, proclamation, order in
council, order, direction, notice, form or
other instrument made under any Act or
other lawful authority and having legisla-
tive effect;

summary conviction means summary con-
viction before a Magistrate in accordance
with the provisions of the MAigistrate's
Cap. 61. Code of Procedure Act;







No 12 of 1955. Interpretationr and General 9 LEE:WAR]:
Clauses. ISLANnS.
Supreme Court" means the Supreme Court
of the Windward Islands and Leeward
Islands in a Circuit of the Colony;
United Kingdom means Great Britain and
Northern Ireland;
vessel includes any ship, boat, lighter, or
other floating craft, used for transport by
water;
"West Indian Court of Appeal" me:ns the
Court of Appeal constituted under the 9 & 10
West Indian Court of Appeal Act, 1919; 5 e. 4.7.
will" includes codicil;
writing with its grammatical variations
:and cognate expressions, includes print-
ing, lithography, typewriting, photog-
raphy and other modes of representing
or reproducing words or figures in
visible form;
"year" means a year reckoned according to
the British calendar.

(2) Any reference in any Federal Act or
subsidiary legislation made thereunder in force on
the 1st (day of January, 1940, to the expression-
(a) Chief Registrar shall be (onstrued
as meaning the Registrar of the Supreme
Court of the Windward Islands and Leeward
Islands in the Antigua Circuit; or
(h) Full Court" shall be construed as
meaning the Court of Appeal; or
(c) Circuit Court shall be construed
as meaning the Supreme Court of the W\ind-
ward Islands and Leeward Islands in a
Circuit of the Colony.
(3) Any reference in any law containing a
reference to Her Majesty's dominions or to any
parts thereof, which would have extended so as in
any way to include the Republic of India, shall
have the same operation in relation to India, and








LEEWARD 10 Interpretation and General No. 12 of 1955.
ISLANDS. Clauses.

to persons and things in any way belonging to or
connected with India, as it would have had if
India had not become a Republic.

(4) The provisions of subsection (3) of this
section shall be deemed to be varied, modified or
repealed by any Act of Parliament or Order in
Council of Her Majesty purporting to vary,
12, s & 14 modify, or repeal the India (Consequential Pro-
Geo. 6 c. 92 vision) Act, 1949.


General inter-
pretation of
gender and
number.


Reference to
public officers
by title of
office.


8. In this Act, and in every other Act
whether passed or made before or after the com-
mencement of this Act, unless there is something
in the subject or context inconsistent with such
construction, or unless it is therein otherwise
expressly provided-
(a) words importing the masculine
gender include females; and

(b) words in the singular include the
plural, and the words in the plural include the
singular.

4. A reference in any law to any public
officer by the usual title of his office shall, if there
be such an office customarily in the Colony and
unless the contrary intention appears, be read arid
construed as referring to the person for the time
being holding or carrying out the duties of that
office in the Colony.


References to 5. In arny law references to the Sovereign
Crown.
reigning at the time of the passing or making of
the law or to the Crown shall, unless the contrary
intention appe:ir., he construed as references to the
Sovereign for the time being.


Computation
of time.


6. In computing time for the purposes of
any law unless the contrary intention appears-

(a) a period of days from the happening
of an event or the doing of any act or thing
shall be deemed to be exclusive of the day in
which the event happens or the act or thing
is done;








No. 12 of 1955.


Interpretation and General
Clauses.


(b) if the last day of the period is
Sunday or a public holiday (which days are
in this section referred to as excluded days)
the period shall include the next following
day, not being an excluded day;

(c) when any act or proceeding is
directed or allowed to be done or taken on a
certain day, then if that day happens to be an
excluded day, the act or proceeding shall be
considered as done or taken in due time if it is
done or taken on the next day afterwards, not
being an excluded day;

(d) when an act or proceeding is directed
or allowed to be done or taken within any
time not exceeding six days, excluded days
shall not be reckoned in the computation of
the time.

7. Where no time is prescribed or allowed
within which anything shall be done, such thing
shall be done with all convenient speed, and as
often as the prescribed occasion arises.

8. In the measurement of any distance for
the purposes of any law, that distance shall, unless
the contrary intention appears, be measured in a
straight line on a horizontal plane.

9. A reference in any Act to the number of
a line of any section of any Act shall mean such
line in the latest printed copy of such Act as
contained in any printed collection of laws pur-
porting to be printed and published by authority
or by the Government Printer at the time of the
passing of the Act containing such reference.

10. (1) Where terms are defined in any law,
such terms shall have the meanings assigned to
them, unless there is anything in the subject or
context repugnant to or inconsistent with such
meaning.

(2) Where terms defined in any' Act are
used in any instrument (that is to say, any regula-
tion, rule, by-law, proclamation, order in council,


11 LEEWARD
ISLANDS.


Provisions
when no time
prescribed.


Measurement
of distances.



References to
the number of
a line,






Definitions in
law to apply
subject to
context.








LuWARD 12 Interpretation and Gene'al No. 12 of 1955
IsLADS. Olauses.

order, direction, notice or form) made or issued
under such Act, such terms shall have" the respec-
tive meanings assigned to them by the Act, unless
they are otherwise defined in such instrument or
are inconsistent with the subject or context.
COMMENCEMENT AND CITATION OF LAWS.

Time when 11. When any law or part of any law came
law comes
into opera- or comes into operation on a particular day, it
tion. shall be deemed to have come or shall come into
operation immediately on the expiration of the
day next preceding such day.
Acts to be 12. Every Act shall be a public Act and
public Acts. shall be judicially noticed as such unless the
contrary is expressly provided by the Act.
Sections to be 13. Every section of an Act shall have
substantive
enactments. effect as a substantive enactment without any
introductory words.
Citation of 14. When an Act is referred to, it shall be
original or
revised Acts. sufficient for all purposes to cite the Act either by
the short title if any, by which it is made citable,
or by the year of its passing and its number
among the Acts of that year or in the case of the
revised edition of the laws issued under any Act
providing for the issue of a revised edition, by its
short title or its chapter and number and the
reference may in all cases be made according to
the copies of Acts purporting to be printed by the
Government Printer.
Citation of 16. Whenever the Principal Act on any
gnded subject is amended by any Act and the title or
short title of the Principal Act admits of it, the
Principal Act and every Act amending it may for
all purposes be cited by the title or short title, as
the case may be, of the Principal Act, substituting
therein the word Acts for the word Act and
omitting the year and number, or adding the years
of the first and last Acts referred to; and whenever
two or more Acts are cited in the manner author-
ised by this section, the authorised short title used
shall be construed to mean all the Acts covered by
that short title or either or any of them.







No. 12 of 1955. Interpretation and General 13 LEEWARD
Olauses. l&LLNDS.
PROVISIONS AS TO REPEALS.
16. Where any law repealing in whole or in Repeal of
part any former law is itself repealed, such last Ia ptn
repeal shall not revive the law before repealed
unless words be added reviving such law.
17. Where any law repeals wholly or Repeal and
partially any former law and substitutes provisions substitution.
for the law repealed, the repealed law shall remain
in force until the substituted provisions come into
operation.
18. (1) Where any law repeals and re- Effect of
enacts, with or without modification, any provision repeal.
of a former law, references in any other law
to the provision so repealed, shall unless the
contrary intention appears, be construed as refer-
ences to the provision so re-enacted.
(2) Where any law repeals any other law,
then, unless the contrary intention appears, the
repeal shall not-
(a) revive anything not in force or
existing at the time at which the repeal takes
effect; or
(b) affect the previous operation of any
law so repealed or anything duly done or
suffered under any law so repealed; or
(c) affect any right, privilege, or obliga-
tion or liability acquired, accrued, or incurred
under any law so repealed; or
(d) affect any penalty, forfeiture, or
punishment incurred in respect of any offence
committed against any law so repealed; or
(e) affect any investigation, legal pro-
ceedings, or remedy in respect of any such
right, privilege, obligation, liability, penalty,
forfeiture, or punishment as aforesaid, and any
such investigation, legal proceeding, or remedy
may be instituted, continued, or enforced,
and any such penalty, forfeiture, or punish-
ment may be imposed, as if the repealing law
had not been passed.







LEEWARD 14 Interpc'(ftation and General No. 12 of 195).
ISLANDS. Classes,

Effect of. 19. Whenever any Act shall hereafter be
repeal on
subsidiary repealed and other provisions are substituted by
legislation, the repealing Act all subsidiary legislation and
appointments made under the repealed Act, and
in force at the time of such repeal, shall until
annulled, continue good and valid in so far as they
are not inconsistent with the substituted Act or
provisions.
Construction of 0. Where one law amends another law the
amending law
with amended amending law shall, so far as it is consistent with
Inw. the tenor thereof and unless the contrary intention
appears, be construed as one with the amended law.

PROVISIONS AS TO SUBSIDIARY LEGISLATION.


General provi-
sion with
respect to
power given
to any author-
ity to make
subsidiary
legislation,
etc.


21. Where any Act confers power on any
authority to make or issue any instrument (that is
to say, any regulation, rule, by-law, proclamation,
order in council, order, form or notice) the follow-
ing provisions shall, unless the contrary intention
appears, have effect with reference to the making,
issue and operation of such instrument-
(a) any instrument as aforesaid may
at any time be amended, varied, rescinded
or revoked by the same authority and in
the same manner by and in which it was
made;
(b) there may be annexed to the
breach of any regulation, rule, by-law,
order in council or order such penalty not
exceeding forty-eight dollars as the author-
ity making the regulation, rule, by-law,
order in council or order may think fit;
(c) no regulation, rule, by-law, order
in council or order shall be inconsistent
with the provisions of any Act;
(d) where any Act confers power on
any authority to make any regulation, rule,
by-law, order in council or order for any
general purpose, and also for any special
purposes incidental thereto, the enumera-
tion of the special purposes shall not be
deemed to derogate from the generality of
of the powers conferred with reference to
the general purpose;







No. 12 of 1955.


Interpretation and General
Olaueee.


(e) where any such instrument pur-
ports be made or issued under any
particular provision, then it shall be deem-
ed also to be made under all other powers
thereunto enabling; and

(T) any reference in any regulation,
rule, by-law, order in council or order to
the Act shall be read and construed as
a reference to the Act conferring the power
to make or issue such regulation, rule,
by-law, order in council or order.

22. All subsidiary legislation made under
any Act or lawful authority and having legisla-
tive effect shall be published in the Gazette and
unless it is therein otherwise provided shall take
effect and come into operation as law on the
date of such publication; and shall be judicially
noticed.

23. An Act shall be deemed to be done
under any law or by virtue of the powers
conferred by any law or in pursuance or execu-
tion of the powers of or under the authority of
any law if it is done under or by virtue of or in
pursuance of any regulation, rule, by-law,
proclamation, order in council, order or notice
made or issued under any power contained in
such law.


15 Ls@wE n
IBLANDO,


Commence-
inent of
subsidiary
legislation.


Acts done un-
der subsidiary
legislation to
be deemed
done under
law by which
subsidiary
legislation
authorised.


PROVISIONS AS TO POWERS.


24. Where any Act which is not to come Exercise of
into operation immediately on the passing there- statutory
Powers
of, confers power to make any appointment, or between pnes-
to make, grant or issue any instrument (that is ing and
7 Vcommence-1
to say any regulation, rule, by-law, proclama- ment ofAct.
tion, order in council, order, warrant, scheme
or letters patent) or to give notices, or to do
any other thing for the purposes of the Act,
such power may, unless the contrary intention
appears, be exercised at any time after the
passing of the Act so far as may he necessary
or expedient for the purpose of bringing the Act
into operation at the date of the commencement
thereof, subject to the restriction, that any







LwEEWARD 1 Interpr'tation and General No. 12 of 1955,
ISLANDS. Clauses

appointment, instrument, notice or thing, made,
granted, issued, given or done under such
power shall not, unless the contrary intention
appears in the Act, or the appointment, notice
or thing is necessary for bringing the Act into
operation, have any effect until the Act comes
into operation.

Construction 52. (1) Where any Act confers a power
of provisions
as to exercise or imposes a duty, then, unless the contrary
of powers and intention appears, the power may be exercised
duties. and the duty shall be performed from time to
time as occasion requires.

(2) Where any Act confers power or
imposes a duty on the holder of an office, as
such, then, unless the contrary intention
appears, the power may be exercised and the
duty shall be performed by the holder for the
time being of the office, or by a person
appointed to act for him.

Power to 26. Where any Act confers upon any
includes person or authority power to make appointments
power to to any office or place the power shall be
remove etc. construed as including the power to remove or
suspend any person appointed, and to reappoint
or reinstate him, and to appoint another person
temporarily in the place of any person so
removed or suspended or in place of any holder
of the office or place who has died or is ill or
absent, and to appoint another person tempora-
rily to fill any vacancy in the office or place
arising from any other cause:

Provided that where the power of the person
or authority to make any such appointment is
only exercisable upon the recommendation or
subject to the approval, consent or concurrence of
some other person or. authority the power of
removal shall, unless the contrary intention
appears, only be exercisable upon the recommenda-
tion or subject to the approval, consent or
concurrence of that other person or authority.







No. 12 of 1955.


Interpretation and General
Clauses,


27. Where by or under any Act any
powers are conferred or any duties are imposed
upon a public officer, the Governor may direct
that, if during any period owing to absence or
inability to act from illness or-any other cause
such public officer shall be unable to exercise the
powers or perform the duties of his office in any
place under his jurisdiction or control, such
powers shall be had and may be exercised and
such duties shall be performed in such places by
the person named by, or by the public officer
holding the office designated by, the Governor,
and thereupon such person or public officer,
during any period as aforesaid shall have and
may exercise the powers and shall perform the
duties aforesaid, subject to such conditions,
exceptions, and qualifications, as the Governor
may direct.

28. (1) Where by or under any Act
power is given to the Governor to appoint any
person to be members of any board, commission,
committee or similar body it shall be lawful for
the Governor, in the absence of any provision to
the contrary, to so appoint, by his official
designation, any public officer, and, on such
appointment and until such appointment shall be
cancelled or otherwise determined, the person for
the time being filling the office in question shall be
a member of such board, commission, committee
or similar body.

(2) Where by or under any Act power is
given to the Governor to appoint any board,
commission, committee or similar body, it shall be
lawful for the Governor, in the absence of any
provision to the contrary, to appoint a chairman
of such board, commission, committee or similar
body.

29. Where by or under any Act the
Governor or any other public officer or body is
empowered to appoint or name a person to have
and exercise any powers or perform any duties the
Governor or such public officer or body may either
appoint a person by name or direct the person for


17 LEEWIRD
ISLANDS.


Power of
Governor to
provide for
execution of
duties of pub-
lic officers
during tlempo-
rary absence
or inability.














Power to the
Governor to
appoint public
officers as
such to serve
on boards, etc.,
and to appoint
chairman


Appointment
of officers by
name or
office.







LEFWARU 18 Interpretation and General No. 12 of 1955.
ISLANDR, Clauses.

the time being holding the office designated by the
Governor or by such public officer or body to have
and exercise such powers and perform such duties;
and thereupon or from the date specified by the
Governor or by such public officer or body, the
person appointed by name or the person for the
time being holding the office aforesaid shall have
and may exercise such powers and perform such
duties accordingly.
Change in 80. When the Governor considers it neces-
ofce.publi sary to change the title of any public office, he
shall cause a notice to that effect to be published in
the Gazette setting out the former title and the
substituted title or titles of such office, and declar-
ing that such change of title shall take effect, or
shall be deemed to have taken effect, from a date
specified in such notice, and with effect from such
date-
(a) where the change in title consists in
the substitution of a single title for the
former title, the substituted title shall replace
the former title wherever the former title
appears in any Act or in any deed or other
instrument made or issued pursuant to or
consequent upon any such Act; and
(b) where the change in title consists in
the substitution of two or more titles for the
former title, the former title shall be replaced,
in the provisions of any such Act, deed or
other instrument as may be specified in such
notice, by such substituted title as may be
specified in such notice.
Powers of 31. Where by or under any Act any board,
aboard, etc..
not affected commission, committee or similar body, whether
by vacancy, corporate or unincorporated, is established, then,
etc. unless the contrary intention appears, the powers
of such board, commission, committee or similar
body shall not be affected by-
(a) any vacancy in the membership
thereof;
(h) the fact that it is afterwards
discovered that there was some defect in the
appointment or qualification of a person
purporting to be a member thereof;








No. 12 of 1955. Interpretation and General 19
Clauses.

(c) the fact that there was any minor
irregularity in the convening of any meeting
thereof.

32. Where in any law power is given to any
person to do or enforce the doing of any act or thing
all such powers shall be understood to be also given
as are reasonably necessary to enable the person to
do or enforce the doing.of the act or thing.
33. Save as is otherwise expressly provided
by any law, whenever any act or thing is required to
be done by more than two persons, a majority of
them may do it.


34. When a substantive holder of any office
constituted by or under any Act is on leave of
absence pending relinquishment of his office, it shall
be lawful for another person to be appointed sub-
stantively to the same office.

36. Where an act or omission constitutes an
offence, under two or more Acts, or both under an
Act and under any other law which applies to the
Colony, the offender shall, unless the contrary
intention appears, be liable to be prosecuted and
punished under either or any of those Acts or under
such other law, but shall not be liable to be punished
twice for the same offence.

36. A provision which constitutes an offence
shall, unless the contrary intention appears, be
deemed to provide also that an attempt to commit
such offence shall be an offence against such provi-
sion, punishable as if the offence itself had been
committed.
PROVISIONS AS TO PENALTIES.

37. (1) Whenever in any law a penalty is
provided for an offence against that law, such pro-
vision shall, unless the contrary intention appears,
be conritrned as fixing the maximum penalty for
that offence, and the offender, on being found guilty,
shall be liable to any penalty not exceeding the
prescribed penalty; and it shall not be necessary in
the law prescribing the penalty to use the expres-
sions not exceeding ", a term not exceeding ",
" on conviction thereof or any similar expressions,


LEEWARD
ISLANDS.


Construction
of enabling
words.



Power of
majority of
more than
two persons.


Appointment
of successor to
office, during
leave of
absence prior
to retirement
of substantive
holder.
Provisions as
to offences
under two or
more laws.






Attempt to
commit an
offence to be
deemed an
offence.





Penalties
prescribed to
be maximum
penalties.








20 Inlterpretation ad General
Olauses.


No. 12 of 1955.


Statement of (2) Whenever in any law a penalty is set out
penalty at
foot of section, at the foot or end of any section the same shall
indicate that any contravention of the section
whether by act or omission shall be an offence
against that law and shall, unless the contrary
intention appears, be punishable by a penalty not
exceeding the penalty stated.
Imprisonment (3) Where by any law a court is empowered
may bo
imposed with to order imprisonment, either peremptorily or in
or without default of payment of any pecuniary penalty, upon
hard labour conviction for an offence, the court may, in the
absence of express provision to the contrary in the
same or any other law, order the offender to be
imprisoned either with or without hard labour, and
it shall not be necessary in the law prescribing the
penalty to state that any such imprisonment may
be with or without hard labour.
Disposal of 38. (1) Where under any law any money or
forfeits. any animal or any thing is adjudged by any court
or other authority to be forfeited, it shall unless
the contrary is otherwise provided or unless it is
expressed by law to be forfeited to any person, be
forfeited to the Crown, and the money or the net
proceeds of the animal or thing, if it is ordered by
competent authority to be sold, shall be paid into
the Treasury of the Presidency concerned and shall
form part of the public revenue of such Presidency,
unless other provision is made.
(2) Nothing in this section shall affect any
provision in any law whereby any portion of any
fine or forfeit or of proceeds of any forfeit is
expressed to be recoverable by any person or may
be granted by any authority to any person.
Imposition of 39. The imposition of a penalty or fine by
penalty not to
bar civil tinyx law, in the absence of express provision to the
action, contrary, shall not relieve any person from liability
to answer for damages to a person injured.


Imperial Acts
to be read
with necees-
sary modifi-
cations.


M MISCELLANEOUS.
40. Whenever any Imperial Act is extended
to the Colony such Act shall be read with such
formal alterations as to natmes, localities, courts,
officers, persons, moneys, penalties and otherwise as
may be necessary to make the same applicable to
the circumstances.


LEEWARD
ISLANDS.








No. 12 of 1955. Interpretation and (fenewal 21 LEEWARD
Clauses. ISLANDS.
41. Where under any Act the Governor is Signification
given power to make any appointment, give any o. no.
directions, issue any order, authorise any thing or
matter to be done, grant any exemption, remit any
fee or penalty, or exercise any other power, it shall
be sufficient, unless it is otherwise expressed, if the
exercise of such power by the Governor is signified
under the hand of the Colonial Secretary:

Provided always that the foregoing provisions
shall not apply to the power of the Governor to
make or issue any warrants or proclamations which
shall be made or issued only under the hand of the
Governor himself.
42. Whenever the fiat of the Governor Evidence of
or the Attorney General is necessary before any signature of
SJ~ Governor
prosecution or action is commenced, any document and Attorney
purporting to bear the fiat of the Governor or the General.
Attorney General shall be received as prima facie
evidence in any proceeding without proof being
given that the signature to such fiat is that of the
Governor or the Attorney General.

48. When any law is amended it shall Reprint of
be lawful for the Government Printer with the amondod laws.
authority of the Governor to print copies of the
law with all the necessary additions, omissions,
substitutions and amendments affected by the
amending law or laws and such copies shall be
deemed to be authentic copies of the law so
amended.

44. Whenever forms are prescribed in any Forms.
Act, slight deviations therefrom, not affecting the
substance or calculated to mislead, shall not in-
validate them.

45. Unless the contrary intention appears, Attorney
where any Act, whether passed before or after the General
and Crown
commencement of this Act, contains a reference to Attorneys.
the Attorney General, the reference shall, in the
absence of the Attorney General from any Presi-
dency, be construed to include a reference to the
Crown Attorney present in such Presidency as the
Attorney General's deputy.








LNEWARD 22 Int)erpretation and General No. 12 of 1955.
IGLANDS. Clauses.
Amendment 46. Any Act may be altered, amended,
or repeal in
same session, or repealed in the same session of the Legisla-
ture in which it passed.
Saving of 47. No law shall in any manner whatso-
righta of the
Crown. ever affect the right of the Crown, unless it is
therein expressly stated, or unless it appears by
necessary implication, that the Crown is bound
thereby.
Law binding 48. This Act shall be binding on the
on Crown. Crown.

Repeal. 49. The Acts specified in the Schedule
hereto are hereby repealed to the extent men-
tioned in the third column thereof.
commence- 50. This Act shall come into operation
ment, on a day to be appointed by the Governor by
proclamation published in the Gazette.



MAURICE H. DAVIS,
Deputy President.

Passed the General Legislative Council this
6th day of January, 1955.

A. E. PENN,
Clerk of the Council.







No. 12 of 1955.


Interpretation and General
Clauses.


SCHEDULE.


SHORT TITLE EXTENT OF REPEAL




The Interpretation of Laws Act The whole Act.

The Interpretation of Laws The whole Act.
(Amendment) Act, 1937

The Statute Law Revision Act, The amendment effect-
1939 ed in the Schedule
to the Interpretation
of Laws Act, Cap.
103, shall be deleted.


CHAPTER
OR NO.



Cap. 103

28/1937


11/1939





22/1939


20/1944


10/1953


4/1954


The Interpretation
(Amendment) Act,

The Interpretation
(Amendment) Act,


of Laws
1953

of Laws
1954


The whole Act.


The whole Act.


The whole Act.


The whole Act.


ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLAOKMAN, Government Printer.-By Authority.
1955.


23 LEEWARD
IiL~D.&T.


The Interpretation of Laws
(Amendment) Act, 1939

The Interpretation of Laws
(Amendment) Act, 1944


47/00202-480-2.55.


Prime 25 cents.








No. 13 of 1955.


P~rl;ZA'e (A~~l ;~nl~ewlrnt).


[L.S.i
I ASSENT,
K. W. BLACKBURNE,
Governor.
1st February, 1955.



LEEWARD ISLANDS.


No. 13 of 1955.

An Act to amend further the Police Act, 1951.

EN ACT E) by the Legislature of the
Leeward Islands.

1. This Act may be cited as the Police Short title.
(Amendment) Act, 1955, and shall be read as one
with the Police Act, 1951, as amended, herein- 12/1951.
after called the Principal Act. 5/1953


2. The following section is hereby sub-
stituted for section 9 of t he Principal Act:---

9. (1) Every police officer above the
rank of a subordinate police officer shall be
on probation during the first three years
after his appointment or for such longer
period, not exceeding six months, as the
Governor may in his discretion approve; and
if during ri'ich period, or any extension
thereof, he is found not to be fitted physically
or mentally, to perform the duties of his
office, or to be nor likely to become! ain
efficient or well conducted police officer, his
services may be dispensed with by the
Governor. At the end of the period of
probation, or any extension thereof, if the
services of such police officer have not been
dispensed with, he shall be confirmed in his
appoi ntment.

(2) The provisions ( f subsection (1) of
this section shall not apply in the case of an
appointment by way of promotion or transfer
from another police force. ".


Substitution
of section 9 of
the Principal
Act.
Period of
probation on
appointment
of police
officer above
the rahk of
subordinate
police officer.


i.EEWARD
ISLANDs.








LEEWARD
ISLAND B.


Substitution
of section 11
of the
Principal Act.


Police (Amendment). ,iu. 13 of 1955.


3. The following section is hereby substi-
tuted for section 11 of the Principal Act:-


"Terms of 11. Every subordinate police officer and
appointment. constable shall be on probation during the
first three years of his service in the Force:

Provided that the Commissioner may in
his discretion-
(a) reduce the period of probation
to a period of not less than one year if
such police officer has served for a period
of not less than two years in the Force
on a previous occasion; or

(b) dispense with the period of
probation if, with the written consent of
the Chief Officer of Police of another
police force in the British West Indies,
such person has been transferred from
that police force after having completed
the required period of probation in such
police force; or

(c) extend the period of probation
for a further period not exceeding six
months.".


Amendment
of section 12
of the
Principal Act.



Amendment
of section 13
of the
Principal Act.



Amendment
of section 33
of the
Principal Act.


4. Section 12 of the Principal Act is hereby
amended by the insertion of the words "or any
extension thereof between the words probation "
and the" in the first line and between the words
"probation, and "if" in the eighth line thereof.

5. Subsection (1) of section 13 of the
Principal Act.is hereby amended by the substitu-
tion of the words "or any extension thereof"' for
the words in the Force" appearing in the third
line thereof.

6. Subsection (1) of section 33 of the
Principal Act is hereby amended as follows:-

(a) by the insertion therein after para-
graph (a) of the following paragraph-
"(b) suspension, deferment or
stoppage of increment;" ; and


a







No. 13 of 1955. Police (Amendmecnt). 3 LEWARI,
ISLANDS,
(b) by re-lettering paragraphs (,), (r),
(d) and (e) as paragraphs (c), (d), (e) and
(f) respectively.


7. The following section is hereby sub-
stituted for section 37 of the Principal A.ct:-

37. (1) An Inspector, subordinate police
officer or constable against whom aiy complaint
or information for an offence punishable on
summary conviction or on indictment is laid,
or against whom a charge is made for breach
of any disciplinary regulation made under
this Act, may, pending, and until the final
determination of such complaint, information
or charge-

(a) be suspended from duty and
placed on half-pay by the Commissioner
or the Gazetted Police Officer in charge
of the Division; or
(6) if admitted to bail and not so
suspended, be employed on full-time
duty, in which case he shall receive full
pay, or if employed on part-time duty
he shall receive a rate of pay (not being
less than half-pay) as the Commissioner
thinks fit.

(2) If an Inspector or a subordinate
police officer or constable is acquitted on any
complaint or information, or obtains a decision
in his favour on any charge, he shall be
entitled to receive all pay which has been
withheld from him; if he is convicted on such
complaint or information or does not obtain
a decision in his favour oh such charge and
is subsequently dismissed, he shall not be
entitled to receive any pay so withheld.

(3) In the application of subsection (1)
of this section an Inspector, subordinate police
officer or constable shall not be deprived of
any part of the house and lodging allowance
or the use of any free quarters to which he
may be entitled. ".


Substitution
of section 37
of the
Principal Act.
PaymeRt
during sus-
pension. etc.







LEEWARD 4 Police (Amendment). No. 13 of 1955.
ISLANDS.
Substitution 8. The following section is hereby substi-
of section 42
of the tuted for section 42 of the Principal Act:-
Principal Act.
"Definition 42. For the purposes of this Port of
f "pay this Act the word pay in relation to an
Inspector, subordinate police officer or con-
stable includes his salary, good conduct pay,
personal, detective, house and lodging allow-
ances (inclusive of the estimated value of
free quarters):

Provided that the amount to be allowed
for house and lodging allowance shall not
exceed one sixth of the pay of such Inspector,
subordinate police officer or constable. ".

Insertion of 9. After section 44 of the Principal Act
nlew section the following sections shall be inserted:-
the Principal
Act.
"Pay to be 44A. For the purposes of computing
taken for
computation the amount of an Inspector's, subordinate
of pensions police officer's or constable's pension or
gratuity-

(a) in the case of an Inspector,
subordinate police officer or constable
who has held the same rank for a
period of three years immediately pre-
ceding the date of his retirement, the
full annual pay enjoyed by him at
that date in respect of thit rank shall
be taken;

(b) in the case of an Inspector,
subordinate police officer or constable
who at any time during such period of
three years has been transferred from
one rank to another but whose pay has
not been changed by reason of such
transfer or transfers, the full annual
pay enjoyed by him at the date of
retirement in respect of the rank then
held by him shall be taken;







No. 13 of 1955. Police (Amendment). 5 LEWAND
ISLANDS.
(c) in other cases one third of the
aggregate pay enjoyed by the Inspector,
subordinate police officer or constable
in respect of his service during the
three years of his service immediately
preceding the date of his retirement
shall be taken:

Provided that-

(i) if such one third is less than
the highest annual pay
enjoyed by him at the date
of any transfer within such
period of three years then
the highest annual pay
shall be taken; and

(ii) if such one third is less than
the annual pay which
would have been enjoyed
by him at the date of his
retirement, if he had con-
tinued to hold any rank
from which he has been
transferred at any time dur-
ing such period of three
years and had received all
increments which, in the
opinion of the Governor,
would have been granted
to him, the annual pay
which would have been
so enjoyed shall be taken.

(iii) for the purposes of calcula-
ting pay for the computa-
tion of pensions under this
paragraph, an Inspector,
subordinate police officer or
constable shall be deemed
to have been on duty on
full pay throughout the
said threo years:








LEEWARD
ISLANDS.


Increase in 44B. Every Inspector, subordinate
pension in
cases of retire- police officer or constable who has been in
ment on find- the service of the Force for more than ten
MedicalBoard but less than twenty years, and who retires
after more from the Force on the findings of a Medical
than ten but
less than twenty Board as provided in subsection (1) of section
years service. 45 of this Act may be granted a pension
as if his service in the Force had been
twenty years.".


10. The following sections shall be sub-
stituted for sections 47 and 48 of the Principal
Act:-


47. (1) This section shall apply to an
Inspector, subordinate police officer or
constable who while in the service of the
Force either-

(a) is permanently inj' "ed in the
actual discharge of his dui by some
injury specifically attributable to the
nature of his duty which is not wholly
or mainly due to, or seriously aggra-
vated by, his own serious and culpable
negligence or misconduct; or

(b) contracts a disease to which
he is specifically exposed by the nature


Po ice (Amendment). No. 13 of 1955.
Provided further that if
such one third is less than
the pay which would have
been enjoyed by him at the
date of his retirement, if he
had continued to hold any
rank from which he has
been transferred at any
time during such period of
three years, and had re-
ceived all increments which,
in the opinion of the Gover-
nor, would have been
granted to him, the annual
pay which would have been
enjoyed shall be taken.


Substitution
of sections 47
and 48 of the
Principal Act.


" Retirement
on account of
injuries
or disease
contracted in
discharge of
duty.







No. 13 of 1955. Police (Amendment). 7 LEEWARD
ISLANDS.
of his duty, not being a disease wholly
or mainly due to, or seriously aggra-
vated by, his own serious and culpable
negligence or misconduct.


(2) In this section, unless the contrary
intention appears, references to an Inspector,
subordinate police officer or constable being
injured and to the date on which an injury is
sustained shall respectively be construed as
including references to such Inspector, sub-
ordinate police officer or constable contracting
such a disease as is mentioned in subsection
(1) of this section and to the date on which
such disease is contracted.

(3) Where an Inspector, subordinate
police officer or constable to whom this section
applies is holding a pensionable office in which
he is confirmed-

(a) he may, if his retirement is
necessitated or materially accelerated by
his injury and he has been in the service
of the Force for less than ten years, be
granted, in lieu of any gratuity under
section 46, a pension under section 44 as
if the words for ten years and up-
wards" were omitted from the said
section 44;

(b) he may be granted on retirement
an additional pension at the annual rate
of the proportion of his actual pay at the
date of his injury appropriate to his case
as shown in the following table:-

when his capacity to contribute to
nis support is-

slightly impaired, forty four-
hundread-and-eightieths of a month's
pay;








LEEWARD 8 oliAce (Amendment). No. 13 of 1955.
ISLANDS.
impaired, eighty four-hundred-
and-eightieths of a month's pay;

materially impaired, one-hun-
dred-and-twenty four-hundred-and-
eightieths of a month's pay;

totally destroyed, one-hun-
dred-and-sixty four-hundred-and-
eightieths of a month's pay:

Provided that the amount of the
additional pension may be reduced to
such an extent as the Governor shall
think reasonable where the injury is not
the cause or the sole cause of retirement.

(4) If, for the purpose of assessing
the amount of any additional pension or
pension to be granted under paragraph (b)
of subsection (3) of this section any Inspector,,
subordinate police officer or constable to
whom this section applies, the degree of,
permanent impairment of his capacity to
contribute to his support is in doubt, he may
be granted a provisional award to have effect
until such time as the degree of permanent
impairment can be determined.

(5) If an Inspector, subordinate police
officer or constable proceeding by a route
approved by the Governor to or from the
Colony or from one Islandi in the Colony to
another, at the commencement or termination
of his service in the Colony, or of a period of
leave therefrom is permanently injured as the
result of damage to the vessel, aircraft or
vehicle, and the (G.ov(ermioi is satisfied tlat such
damage or act is attributable to circumstances
arising out of any war in which Her Majesty
may be engaged, such Inspector, subordinate
police officer or constable shill be deemed for
the purposes of this section to have been
injured in the circumstances described in
subsection (1) of this section.







No. 13 of 1955. Police (Ame nmeirt). 9 LEEWARD
TsLANns.
(6) An Inspector, subordinate police
officer or constable who is permanently injured
while travelling by air in pursuance of official
instructions, andi whose injury is not wholly
or mainly due to, or seriously aggravated by,
his own serious and culpable negligence or
misconduct, shall be deemed for the purposes
of rhis section to have been injured in the
circumstances described in subsection (1) of
this section:

Provided that in such a case the rates of
pension prescribed in subsection (3) of this
section shall be sixty four-hundred-and-
eightieths, one-luii ndred-andl-twenty four-hun-
dred-amn-eightieths, one-hundred-and-eighty
four-hundred-and-eightieths and two-hundred-
and-forty four-hundred-and-eightieths res-
pectively.

(7) Parngraph (b) of subsection (3)
of this section shall not apply in the case of
an Inspecto-, subordinate police officer or
conrstable .-elcrod for appointment in the
service of iiie Force on or after the coming
into force of tile Principal Act who, in conse-
quen e of lis injury, is entitled to compensa-
tion under the Workmen's Compensation Act, 11/1937.
1937 or any Act amending or replacing that
Act.

(8) (a) Whero the Governor is
satisfied that damages have been or
will be recovered by an Inspector,
subordinate police officer or constable
in respect of an injury for which an
additional pension or pension may be
granted under paragraph (b) of sub-
section (3) of tris section, the Governor
may; tiake the damages into account
against suchl additional pension or pension
in such manner and to such extent as
he may think fit nid may withhold or
reduce the additional pension or pension
accordingly;







LEezWAD 10 Police (Amendment). No. 13 of 1955.
ISLANDS.
(b) For the purpose of this subsec-
tion :n Inspector, subordinate police
officer or constable shall be deemed to
recover damages whether they are paid
in pursuance of a judgment or order of
the Court or by way of settlement or
compromise of his claim and whether or
not proceedings are instituted to enforce
that claim.
Right to take 48. (1) Every Inspector, subordi-
reduced pen- nate police officer or constable who becomes
sion and
gratuity, eligible for pension inder the provisions of
this Part of this Act, may at his option
exercisable as in this section provided be
paid on his retirement a reduced pension
and gratuity in lieu of the pension provided
for by this Part of this Act.
(2) The option referred to in subsec-
tion (1) of this section shall be exercisable
not later than the day immediately preced-
ing the date of retirement of such Inspec-
tor, subordinate police officer or constable:
Provided that the Governor may, if it
appears to him in all the circumstances
equitable so to do, allow such Inspector,
subordinate police officer or constable to
exercise the option at any time between the
date of retirement and thie date of award of
pension under this Part of this Act.
(3) If an Inspector, subordinate police
officer or constable has exercised the option
his decision shall be irrevocable after the
date of his retirement.
(4) If an Inspector, subordinate police
officer or constable who has not exercised
the option dies after the date of retirement
but before a pension has been awarded under
this Part of this Act, it shall be lawful for
the Governor to grant a gratuity and a
reduced pension as provided in subsection
(1) of this section as if the Inspector, sub-
ordinate police officer or constable had
exercised the option before his death.








i.o. 13 of 1955. Police (Amendment). 11 LEEWARD
ISLANDS.
(5) The date of the exercise of the
option by an Inspector, subordinate police
officer or constable shall be deemed to be
the date of the receipt of his written
notification addressed to the Commissioner.

(6) The election exercised by any
Inspector, subordinate police officer or
constable to take on retirement a gratuity
and reduced pension under the Police
Pension Act 1929 in lieu of the pension 1/1929.
provided for by that Act is hereby revoked,
and such Inspector, subordinate police officer
or constable may in lieu of such election,
exercise the option referred to in subsection
(1) of this section and the provisions of this
section shall apply to him accordingly.

11. Section 49 of the Principal Act is Amendment
hereby amended by the substitution of the words of the Pi
"twelve and one half" for the word "ten" cipal Act.
appearing therein.

12. The following sections shall be sub- Substitution
stituted for sections 50, 51 and 52 of the Princi- 51 and 52 of
pal Act:-- the Principal
Act.

50. (1) (a) Subject to the provisions Gratuity
of section 51 of this Act, where an Inspec- hor. sbori-
tor, subordinate police officer or constable nate police
officer or con-
who is not on probation or agreement dies stable dies in
while in the service of the Force, it shall the service of
the Force or
be lawful for the G-iovernor to grant to his after retire-
legal personal representative a gratuity of ment.
an amount not exceeding either his annual
pay, or his commuted pension gratuity, if
any, whichever is the greater.

(b) For the purposes of this sub-
section-

(i) "annual pay means the pay which
would be taken for the pur-
pose of computing any pension or
gratuity granted to an Inspector,
subordinate police officer or con-


t


- r -







LmnWARD 12 Police (Amindment). No. 13 of 1955.
ISLANDS.
stable if lie had retired from the
Force at the date of his death on
the findings of a Medical Board as
provided in subsection (1) of sec-
tion 45 of this Act.


(ii) "commuted pension gratuity"
means the gratuity, if any,
which might have been grant-
ed to an Inspector, subordi-
nate police officer or constable
under section 48 of this Act if
his service had been wholly in
the Colony and if he had
retired from the Force at the
date of his death on the find-
ings of a Medical Board as
provided in subsection (1) of
section 45 of this Act and had
elected to receive a reduced
pension and gratuity.

(2) Where any such Inspector, sub-
ordinate police officer or constable to whom
a gratuity or other allowance has been
granted under this Part of this Act dies
after retirement from the Force, and the
sums paid or payable to him at his death on
account of any pension, gratuity or other
allowance in respect of his service in the
Force are less than the amount of the
annual pay enjoyed by him at the date of
his retirement, it shall be lawful for the
Governor to grant to his legal personal
representative a gratuity equal to the
deficiency.

Gratuity 51. Where an Inspector, subordinate
where death police officer or constable dies-
due to injuries
received or
disease con-
tracted in the
discharge of (a) in the actual discharge of his
!ty, duty by some injury specifically attri-
butable to the nature of his duty which







No. 13 of 1955. Police (Amendment). 13 L:EWARD
SleLAND.
is not wholly or mainly due to, or
seriously aggravated by, his own
serious and culpable negligence or
misconduct; or

(b) as a result of contracting a
disease to which he is specifically
exposed by the nature of his duty, not
being a disease wholly or mainly due
to, or seriously aggravated by, his own
serious and culpable negligence or
misconduct,

while in the service of the Force, and such
death occurs within seven years of the date
of the injury or contracting the disease, it
shall be lawful for the Governor in his
discretion to grant to the legal personal
representative of such Inspector, subordi-
nate police officer or constable either a
gratuity of an amount to be at the discre-
tion of the Governor but not exceeding two
years' pay of such Inspector, subordinate
police officer or constable, or a gratuity
under the provisions of section 50 of this
Act, whichever is the greater.


52. (1) Where an Inspector, subordi- Pension to
nate police officer or constable die- dependants
where Inspec-
tor, subordi-
nate police
(a) in the actual discharge of his officer or con-
table dies as
duty by some injury specifically attribut- ~sult of
able to the nature of his duty which is injuries re-
not wholly or mainly due to, or seriously diseae con-
aggravated by, his own serious ind cul- tracted in the
pable negligence or misconduct; or hi dies.

(b) as a result of contracting a
disease to which he is specifically exposed
by the nature of his duty, not being a
disease wholly or mainly due to, or
seriously aggravated by, his own serious
and culpable negligence or misconduct,







LR WARD 14, Police (A amendment No. 13 of 195K.
ISLANDS,
while in the service of the Force, and such
death occurs within seven years of the date of
the injury or contracting the disease, it shall be
lawful for the Governor to grant, in addition
to the grant, if any, made to his legal personal
representative under section 50 or section 51 of
this Act-

(i) if such Inspector, subordinate police
officer or constable leaves a widow, a
pension to her while unmarried at a
rate not exceeding ten-sixtieths of
his pay at the date of the injury or
ninety-six dollars a year, whichever
is the greater;

(ii) if such Inspector, subordinate police
officer or constable leaves a widow to
to whom a pension is granted under
the preceding paragraph and a child
or children, a pension in respect of
each child, until such child attains
the age of nineteen years, of an
amount not exceeding one-eighth
of the pension prescribed under the
preceding paragraph;

(iii) if such Inspector, subordinate police
officer or constable leaves a child or
children but does not leave a widow
or no pension is granted to the
widow, a pension in respect of each
child until such child attains the age
of nineteen years, of double the
amount prescribed by the preceding
paragraph;

(iv) if such Inspector, subordinate police
officer or constable leaves a child or
children and a widow to whom a
pension is granted under paragraph
(i) of this subsection and the widow
subsequently dies, a pension in re-
spect of each child as from the date







No 13 of 1955. Police (Amendment). 15 LEEWARD
ISLANDS.
of the death of the widow nutil such
child attains the age of nineteen
years, of double the amount pre-
scribed in paragraph (ii) of this sub-
section;
(v) if such Inspector, subordinate police
officer or constable does not leave a
widow, or if no pension is granted to
his widow and if his mother were
wholly or mainly dependent on him
for her support, a pension to the
mother while without adequate means
of support, of an amount not exceed-
ing the pension which might have
been granted to his widow;
(vi) if such Inspector, subordinate police
officer or constable does not leave a
widow or mother, or if no pension is
granted to his widow or mother, and
if his father were wholly or mainly
dependent on him for his support, a
pension to the father while without
adequate means of support, of an
amount not exceeding the pension
which might have; been granted to
his widow;
(vii) if such Inspector, subordinate police
officer or constable does not leave a
child or children who may be eligible
for a pension under the provisions of
this section, and if any brother or sis-
ter were wholly or mainly dependent
on him for support, a pension to
any such brother or sister until he
or she attains the age of nineteen
years while without adequate means
of support, of an amount not
exceeding the pension which might
have been granted under paragraphs
(ii) and (iii) of this subsection:
Provided that-
(a) if in the opinion of the Governor
there are compassionate grounds for so







LEEWARD 16 oli (Amendment). No. 13 of 195.5;
ISLANDs,
doing, he may grant to any child of such
Inspector, subordinate police officer or
constable being a child who at the date
of the death of such Inspector, subordinate
police office or constable was wholly or
mainly dependent on him for support
and who had attained the age of nineteen
years, a pension for such period as the
Governor may determine, of an amount
not exceeding the pension which may be
granted under paragraph (ii) of this
subsection;
(6) where an Inspector, subordinate
police officer or constable leaves a child
who was incapacitated at the time of such
Inspector's, subordinate police officer's or
constable's death (hereinafter in this sec-
tion referred to us an incapacitated
child ") the Governor may, notwithstand-
ing any pension which may have been
granted under paragraph (ii) or paragraph
(iii) of this subsection, grant an additional
pension in respect of such incapacitated
child after he has attained the age of
nineteen years and so long as his in-
capacity shall continue, of an amount not
exceeding one-half of the pension which
may be granted under paragraph (ii) or
paragraph (iii) aforesaid;
(c) where compensation in respect
of the death is payable under the Work-
11/1937. men's Compensation Act, 1937, or any
Act amending or replacing the same, the
Governor may reduce the pension which
may be payable under this section to such
extent as he may consider reasonable;
(d) no pension shall be payable
under this subsection at any time in
respect of more than six children exclu-
sive of incapacitated children;
(e) in the case of a pension granted
under paragraph (v) of this subsection, if
the mother is a widow at the time of the
grant of the pension and subsequently
re-marries such pension shall cease as







No. 13 of 1955. Police (Amendment). 17 LEEWARD
ISLANDS.
from the date of re-marriage; and if it
appears to the Governor at any time
that the mother is adequately pro-
vided with other means of support, such
pension shall cease as from such date as
the Governor may determine;

(f) a pension granted to a female
child under this section shall cease upon
the marriage of such child under the age
of nineteen years.

(2) If an Inspector, subordinate police
officer or constable proceeding by a route
approved by the Governor to or from the
Colony, or from one Island in the Colony to
another, at the commencement or termination
of his service in the Colony, or of a period
of leave therefrom, dies as the result of
damage to the vessel, aircraft or vehicle in
which he is travelling, or of any act of violence
directed against such vessel, aircraft or vehicle,
and the Governor is satisfied that such damage
or act is attributable to circumstances arising
out of war in which Her Majesty may be
engaged, such officer shall be deemed, for the
purposes of this section, to have died in the
circumstances described in paragraph (a) of
subsection (1) of this section.

(:.) If an Inspector, subordinate police
officer or constable dies as a result of an injury
received while travelling by air in pursuance
of official instructions, which injury is not
wholly or mainly due to, or seriously aggrava-
ted by, his own serious and culpable negligence
or misconduct, he shall be deemed to have died
in the circumstances described in paragraph
(a) of subsection (1) of this section:

Provided that in such a case the rates of
pension prescribed in paragraphs (i) and (ii)
of subsection (1) of this section shall be
fifteen-sixtieths and one-sixth respectively.







Lzsw"V 18 Police (Amendment). No. 13 of 1955.
ISLANDS.
(4) (a) Where the Governor is satisfied
that damages have been or will be recovered
in respect of the death for which an additional
pension or pension may be granted under
subsection (1) of this section, the Governor
may take those damages into account against
such additional pension or pension in such
manner and to such extent as he may think fit
and may withhold or reduce the additional
pension or pension accordingly.
(b) For the purposes of this subsec-
tion an Inspector, subordinate police
officer or constable shall be deemed to
recover damages whether they are paid
in pursuance of a judgment or order of a
Court or by way of settlement or compro-
mise of his claim and whether or not
proceedings are instituted to enforce that
claim.
(5) For the purposes of this section-
(a) the word "brother" includes, in
relation to a person, every male child of his
father or his mother;
(b) the word "child" shall include-
(i) a posthumous child;
(ii) a step-child or illegitimate
child born before the date of
the injury or contracting the disease,
as the case may be, and wholly or
mainly dependent upon such Inspec-
tor, subordinate police officer or
constable for support; and
(iii) an adopted child, adopted in a
manner recognized by law, before
the date of the injury or contracting
the disease, as the case may be, and
dependent as aforesaid;

(c) the expression "incapacitated means
in relation to a child, incapacitated by reason
of some specific bodily or mental disability of
earning his own living, and a child who is
in any event too young to earn his own living







No. 13 of 1955. Police (Amendment). 19 LEWA-
ISLANW.
shall be treated as incapacitated for the pur-
poses of this section if it appears that, by
reason of any specific bodily or mental dis-
ability, he will be incapable of earning his own
living when he attains the age at which he
would otherwise be capable of doing so;

(d) the word "mother" includes, in
relation to a person, his stepmother and a
female person by whom he has been adopted;
(e) the word sister" includes, in rela-
tion to a person, every female child of his
father or his mother.".
13. The following subsection is hereby Amendment
substituted for subsection (2) of section 59 of the of section 59
of the Prin-
Principal Act:- cipal Act.
(2) No representation shall be made by
the Association in relation to any question of
discipline, promotion, transfer or leave unless
some question of principle is involved.".
14. The following subsection is hereby Amendment
substituted for subsection (3) of section 63A of theof etion 63
Principal Act:- cipal Act
"(3) Before-
(a) approving the reduction to a
lower grade for inefficiency of any sub-
ordinate police officer, as provided in
subsection (1) of this section; or
(6) requiring any Inspector, sub-
ordinate police officer or constable to
retire from the Force as provided in
subsection (2) of this section,
the Governor shall call for a full report
from the Commissioner, and, if after
considering the report and giving such
subordinate police officer, or such Inspector,
subordinate police officer or constable, as
the circumstances may be, an opportunity
of submitting a reply to the complaint by
reason of which the reduction to a lower
grade of such subordinate police officer or







LIwum, 20 Police (Amendment). No. 13 of 1955.

the retirement of such Inspector, subordinate
police officer or constable is contemplated,
the Governor is satisfied that such subordi-
nate police officer should be reduced to
a lower grade, or having regard as aforesaid,
that it is desirable in the interest of the
Force that such Inspector, subordinate
police officer or constable should be retired,
the reduction to a lower grade of such
subordinate police officer or the retirement
of such Inspector, subordinate police officer
or constable shall have effect accordingly. ".
Amendment 15. Subsection (1) of section 67 of the
of section
67() othe Principal Act is hereby amended as follows:-
Prinoipal Act,
(a) by the insertion therein after para-
graph' (b) of the following paragraph-

"(c) the conditions subject to
which repatriation expenses may be
paid to widows and dependants of
deceased members of the Force. ";
(b) by re-lettering paragraphs "(c)"
and (d)" as paragraphs (d) and "(e)"
respectively.

Minor amend- 16. The amendments specified in the
rincipl ct. second column of the Schedule'to this Act, being
minor amendments to the Principal Act, shall
be made in the provisions of that Act specified
in the first column of that Schedule.

17. This Act shall be deemed to have
come into operation on the 1st day of January,
1955.

MAVRICE H. DAVIS,
Deputy President.

Passed the General Legislative Council this
6th day of January, 1955.

A. E. PENN,
Clerk of the Council.









No. 13 of 1955. Police (Amendment)

Schedule.


SECTIONS
44, 45, 46, 55, 56, 57, 76(1)


21 LEiwARD
ISLANDS.


AMENDMENTS
For the words "Governor in Council"
there shall be substituted the word
" Governor ".


76(4) The words "in the absence of the
Governor from the Presidency and
the expression "Governor in Council"
shall mean the Governor acting with the
advice of the Executive Council of the
Presidency in which such special con-
stable or additional constable was serving"
shall be omitted.


84(4) and (5)


For the words Federal Treasurer" there
shall be substituted the words, Chief
Accountant of the Presidency of Antigua".


ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLAOKMAN, Government Printer.-By Authority.
1955.


47100113--525--2.55.


Price 23 cents.







No. 14 of 1955. Small Chargqc (Amendment). LErWARD
ISLANDS.

[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
1st February, 1955.




LEEWARD ISLANDS.

No. 14 of 1955.

An Act to amend further the Small Charges Act.

ENACTED by the Legislature of the Lee.
ward Islands.

1. This Act may be cited as the Small Short title.
Charges (Amendment) Act, 1955, and shall be
read as one with the Small Charges Act, as Cap. 67.
Amended, hereinafter called the Principal Act.


2. Sections 2 and 15 of the Principal Act
are hereby repealed.


3. The following section is hereby substi-
tuted for section 31 of the Principal Act:-

"31. Any person who commits any of
the offences created by sections 4, 6, 7, 11, 15,
16, 17, 18, 19 and 25 of the Larceny Act,
1944 or who attempts to commit, aids, abets,
counsels or procures the commission of any
such offence where the amount or value of the
property in respect of which the offence is
committed in the opinion of the Magistrate
does not exceed one hundred dollars, shall be
linble on summary conviction to imprisonment
for a term not exceeding six months:

Provided that the Magistrate may in his
discretion abstain from trying the offence
summarily and may commit the offender for
trial for an indictable offence.".


Repeal of sec-
tions 2 and 15
of the Princi-
pal Act.

Substitution
of section 31
of the Princi-
pal Act.
Summary
trial of indict-
able offences
created by
certain sec-
tions of the
Larceny Act,
1944.
24/1944.








LEBIARD 2 Small Charges (Amendment). No. 14 of 1955.
IShANDS.
Amendment 4. Paragraph (a) of section 41 of the Prin-
4t (a of the cipal Act is hereby amended by the substitution of
Principal the words "refuses to give his name or address, or"
Act. for the words "refuses to give his name, or"
appearing therein.
Substitution 5. The following section shall be substituted
of section 44 .
of the Prinoi- for section 44 of the Principal Act:-
pal Act.
"Receiving 44. (1) Any person who receives- any
and being ina
possession of property knowing the same to have been
property stolen or obtained in any way "whatsoever
stolen or
unlawfully under circumstances which amount to an
obtained.. offence under sections 4, 5, 6, 7, 11, 15, 16,,
17, 18, 19 and 25 of the Larceny Act, 1944
shall be liable on summary conviction to
imprisonment for a term not exceeding six
months.
(2) Where any person is charged with
an offence under subsection (1) of this section
the Magistrate may in his discretion abstain
from trying the offence summarily and may
commit the offender for trial for an indictable
offence.
(3) Any person having in his pos-
session, or conveying in any manner anything
which may reasonably be suspected of having
been stolen or unlawfully obtained, and who
shall not give an account satisfactory to the
Magistrate of how he came by the same, shall
be liable to a fine not exceeding twenty four
dollars or to imprisonment for a term not
exceeding three months.".

MAURICE H. DAVIS,
Deputy Presiden.

Passed the General Legislative Council this
6th day of January, 1955.

A. E. PENN,
Clerk of the Council.
ANTIGUA.
Prmted at the Government Printing Offioe, Leeward Islands,
by E. M. BLAOCMAN, Government Printer.-By Authority.
1955.


[jPrice 4 cents.]


47100051-480-2.55.







No. 15 of 1955. Supplementary Appropriation LEEWARD
(1953). ISLANDS.
[L.S,]
[ ASSENT,
K 'W. BLACKBURNE,
Governor.
1st February, 1955.






LEEWARD ISLANDS.

No. 15 of 1955.
An Act to sanction certain payments in excess of
the amount provided by law for the service of
the General Government for the year ending
on the thirty-first (lay of December, 1953.
ENACTED by the Legislature of the Lee-
ward Islands.
1. This Act may be cited as the Supplemen- short title.
tary Appropriation (1953) Act, 1955.
2. The sum of money set forth in the First Legalization
Schedule to this Act paid under the warrant of the of expendi-
Governor for the services mentioned in that ur
Schedule, are hereby declared to be lawful expen-
diture on account of the Government of this Colony
for the service of the year ending on the thirty-
first day of December, 1953, and the sum of
Eight Thousand, Five Hundred and Five Dollars
being such part of their total amount as is
recoverable from the several Presidencies shall be
charged upon their funds in the proportions
specified in the Second Schedule hereto.

-MAURlcE H. DAvis,
Deputy I resident.
Passed the General Legislative Council the
6th day of January, 1955.

A. E. PENN,
Clerk of the Council.









LEBWARa 2
I1LAN D8.


Supplementary Appropriation No. 15 of 1955.
(1958).-

FIRST SCHEDULE.


HEAD.

II. Governor ... 4,989.00

VI. Judicial ... 2,428.00

VII. Legal ... 1,088.00

XIII. Development and Welfare
and other Imperial
Grants ... 44,147.00.


52,652.00



SECOND SCHEDULE.


APPORTIONMENTS.


Antigua

St. Kitte-Nevis and
Anguilla

Montserrat

Virgin Islands


r3r 3,036


SII :
Tacb I


4,227

876

366


8,505


ANTIGUA.
Printed at the Government Printing O.fice. Leoward Islands
by E. M. BLAOKMAN, Government Printer.-By Authority
1955.
47/00003--480-2.55 [Price 4 cents.]







No. 16 of 1955. Appropriation. LEEWARI)
ISLAND.

[L.S.]
I ASSENT,
K. W. BLACKBURNE.
Governor.
lit February, 1955.



LEEWARD ISLANDS.

No. 16 of 1955.
An Act to provide for the services of the Colony of the
Leeward Islands for the year ending on the thirty-
first day of December, 1955.

ENACTED by the Legislature of the Leeward
Islands.

1. This Act may be cited as the Appropriation Short title.
Act, 1955.

2. There shall be and there is hereby granted to Appropriatior..
Her Majesty the Queen, for and during the year ending
on the thirty-first day of December, 1955, the sum of
Eight Hundred and Seventeen Thousaid, NijAe Hundred
and Twelve Dollars, over and above the sums already
granted and provided under the Acts in force in the
Colony to be applied and expended in the manner and
for the services specified in the First Schedule hereto.
3. Such part of the said sumn of Kiillht Hundred Proportions
and Seenteen ThonSand Ninl Hlundred all; Twr-lv' payable by
Dollars, and also tile sums already granted and provided Pre. idncies.
as aforesaid amonnting to the s;um of Eighteen Thousand
Dollars as set forth in the Second Schedule hereto, as is
recoverable from the several Presidencies shall be
charged upon their funds in the proportions specified
in the Third Schedule hereto.

MAURICE H. DAVIS,
Deputy President.
Passed the General Legislative Council this 6th
day of January, 1955.

A. E. PENN,
Clerk of the Council.









LEEWARD 2
ISLANDS.


Appropriation.
FIRST SCHEDULE.


No. 16 of 1955.


SERVICE.


Pensions
Governor
Secretariat
Audit
Education
Judicial
Legal
Miscellaneous
Police
Post Office
Printing
Treasury
Development & Welfare and
Other Imperial Grants


AMOUNT.


... 83,868
15,584
S 42,903
... 46,209
... 16,9 3
9,643
11,987
... 65,80:
... 413,833
S 8,000
... 34,198
... 2,640

... 66,313

817,912


SECOND SCHEDULE.



SERVICE. AMOUNT.
$
Governor ... 18,000
18oo,


HEAD.

I.
II.
III.
IV.
V.
VI.
VII.
VIII.
TX.
X.
X.
XI.
XII.
XIII.
XInL.


HIAD.


II.









No. 16 of 1955.


THIRD SCHEDULE.



Gmeneal Apportionment.


Antigua
St. Kitts-Nevis and
Anguilla
Montserrat
Virgin Islands


IiEWAVD
l8T,AN1DS.


. 470/1000

... 408/1000
.. 77/1000
... 45/100


In respect of Personal Emoluments based on services
rendered according to distribution of personnel


Antigua
St. Kitts-Nevis and
Anguilla
Montserrat
Virgin Islands


$
... 193,539

145,962
... 43,320
... 8,990


ANTIGUA,
Printedat, the Government Printing Office, Leeward Islands,
by E. M. BLAOKMNs, E,D., Government Printer.-By Authority.
1955.


Police.


Appropriations.


47/000)83 --480.---2.55.


Price 5 events.







No. 17 of 1955. Local Constables ( Amendment). LEEWARD
ISLANDS.
[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
1st February, 1955.







LEEWARD ISLANDS.

No. 17 of 1955.

An Act to amend the Local Constables Act.

ENACTED by the Legislature of the Lee-
ward Islands.

1. This Act may be cited as the Local Short title.
Constables (Amendment) Act, 1955, and shall be
read as one with the Local Constables Act, here- Cap. 83.
inafter called the Principal Act.

2. Section 2 of the Principal Act is hereby Amendment
amended by the insertion therein, immediately after of action.2
the interpretation of tile word District ", of the oipal Act.
following-

"Division" means a police division of the
Colony as provided in section 3 of the
Police Act, 1951;
Divisional Officer means the Gazetted
Police officer or the senior police officer
in charge of the Division in the Presi-
dency for which a local constable is
appointed;
"Governor" includes the officer for the time
being administering the Government of a
Presidency; "








LEEWARD 2 Local Consttables (Amendment). No. 17 of 1955.
ISLANDS.
Amendment 3. Section 4 of the Principal Act is hereby
of section 4 amended by the substitution of the words "the
of the Prin-
cipal Act. Governor" for the words any Magistrate in the
first and second lines, and the letter "a for the
word "his" in the third line, thereof.

Amendment 4. Section 5 of the Principal Act is hereby
to section 5 amended by the substitution of the word Gover-
of the Prin- i h
oipal Act. nor for the word Magistrate in the second
line thereof.

Substitution 5. The following section is hereby substitu-
of section 7 ted for section 7 of the Principal Act:-
cipal Act.
"Equipment. 7. Every local constable shall be pro-
vided by the Divisional Officer with a staff, a
whistle, a note-book, an instruction book and
an armlet bearing the letters L.C. and such
armlet shall be evidence of the office of every
such local constable. The cost of these articles
of equipment shall be defrayed at the public
expense.".

Amendment 6. Section 9 of the Principal Act is hereby
of section amended by the substitution of the words "a
of the Prin-
cipal Act. Divisional Officer or any police officer in charge of
any police district or station for the words any
officer in charge of the police "

Amendment 7. Section 10 of the Principal Act is hereby
of section 1o amended by the substitution of the words The
of the Prin-
cipal Act. Governor for the words Any Magistrate or
Justice of the Peace" in the first line thereof.

Substitution 8. The following section is hereby substitu-
of section 11 ted for section 11 of the Principal Act:-
of the Prin-
oipal Act.
"Remunera- 11. (1) The Divisional Officer may from
tion of local
constables, time to time, grant to a local constable a
certificate for payment out of the Treasury of
the appropriate Presidency of such sum as
may be authorised in accordance with the
rates fixed in that Presidency for the per-
formance of duty under the provisions of this
Act.








No. 17 of 1955. L,,al constalles amendmentnt) 3 LEEWARD
ISLANDS.
(2) Every such payment shall be made
from such moneys as may be provided for the
purpose by the Legilative Council of the
Presidency concerned.".

9. The following section is hereby substitu- Substitution
ted for section 12 of the Principal Act:- of tion 2i
ciptl Act.
"12. The Governor may, in case of riot Riot or dis-
or disturbance, order on the public service any turbanoe.
number of local constables for such period as
he shall deem expedient.".

10. The following section is hereby substitu. Substitution
ted for section 15 of the Principal Act:-- of section 15
of the Prin-
oipal Act.
15. (1) Every local constable shall in Residence of
the months of January and July in every 'loe consta-
year, appear personally before the Divisional
Officer, or the police officer in. charge of the
police station which is nearest to the place of
residence of such local constable, and state his
occupation and place of residence; and no local
constable shall change his residence as stated,
unless he has given notice of his intention so
to do to any such police officer.
(2) Any local constable who is about to
leave the Presidency wherein he was resident
at the time of his appointment shall report his
intended departure to the Divisional Officer.

(3) A local constable, who ceases to reside
in the Presidency for which he was appointed
shall be deemed to have resigned his appoint-
ment.".

11. Section 16 of the Principal Act is hereby Amendment
amended by the substitution of the words The ofsection 1i
of the Prin-
(overnor" for the words Any Magistrate" in oipal Act.
the first line thereof.

12. The following section is hereby substitu- Substitution
ted for section 17 of the Principal Act:- of section 17
cipal Act.







LEEWARD 4 Loc0al Co.j/ahles (Amemenmet). No. 17 of 1955.
ISLANDS.
"Cessation of 17. (1) When any local constable attains
powers and
extension of the age of 60 years or resigns or is dismissed
age limit of from his office all powers and authorities
local consta-
b con. vested in him and all immunities to which he
is entitled as such local constable shall im-
mediately cease and determine, and he shall on
demand deliver over to the Divisional Officer
his precept of appointment and any equipment
which may have been supplied to him for the
execution of his office.
(2) Notwithstanding the attainment by
a local constable of the age mentioned in sub-
section (1) of this section, the Governor may
in his discretion permit such constable to
retain his office for such period beyond the
said age as the Governor may deem expedient.".

Substitution 13. The following section is hereby substitu-
of eion ted for section 19 of the Principal Act:-
of the Prin-
cipal Act.
"Application 19. The provisions of section 77 of the
of section 77
of the Police Police Act, 1951 shall apply to local constables
Act. appointed under this Act as it applies to police
12/1951. Officers.".

Schedule to 14. The Schedule to the Principal Act is
the Pin'pal hereby repealed and replaced as follows:--
Act repealed
and replaced.
"SCHEDULE.

FORM OF PRECEPT TO CONSTABLE.

Local Constables Act.

To of

Administrator
I, Commissioner of

the Presidency of do under and
by virtue of tle power and authority in me vested
by the Local Constables Act, hereby appoint yon
to be a Local Constable ", and I do issue to you
this precept authorising you to act as a local
constable throughout the stid Presidency.
SDelete if not applicable.







No. 17 of 1955. Local Constables (Amendment). 5 LEEWARD
ISLANDS.


Dated this


day of


,19


Administrator
Commissioner."
SDelete if not applicable.
15. It is hereby declared that any local Saving of ap-
constable who on the coming into force of this Act olconsta-R
had been duly appointed a local consttable for any bles.
Presidency, shall continue to hold such appointment
and be deemed to have been appointed a local
constable in accordance with section 4 of the
Principal Act.

MAURICE H. DAVIS,
Deputy President.

Passed the General Legislative Council this
6th day of January, 1955.

A. E. PENN,
Clerk of the Council.





















ANTIGUA
Printed at the Government Printing Office, Leeward Islands.
by E. M. BLACKMAN. Govern ment Printer.-By Authority.
1955.


471/00229--480-Z2.55.


[Poi~cm 7 cents]







No. 18 of 1955. lMayistra'e',N Cod, of Pro- l~LEEWAIR
cedure (Amendment.) ISLANDS.



[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
1st Februairy, 1955.





LEEWARD ISLANDS.

No 18 of 1955.
An Act to amend further the Magiistrlte' (Code of
Procedure Act.
ENACT ED Ib the Legislature of the Leeward
Islands.
1. This Act may be cited as the Magistrate's Short title.
Code of Procedure (Amendment) Act, 1955, and
shall be read as one with the Magistrate's Code of Cap. t 1.
Procedure Act, as amended, hereinafter called the
Principal Act.
2. After section 97 of the Principal Act the Addition of
following section shall be inserted:- onew section
to the Prin-
cipal Act.
"97A. (1) Where the complete commis- Offence
charged-
sion of the offence charged is not proved, but 'ttempt
the evidence establishes an attempt to commit proved.
the offence, the defendant may be convicted Attempt
of such attempt and punished accordingly: full offence
proved.
Provided that, after conviction for such
attempt, the defendant shall not he li able to
be prosecuted again for the same offence
which he was charged with committing.
(2) Where an attempt to commit an
offence is charged, but the evidence establishes
the commission of the full offence, the defend-
ant shl;l not be entitled to have the complaint
dismissed, but he mny be convicted of the
attempt and punished accordingly:








LEEWARD 2 Magistra:e's Code ol Pro- No. 18 of 1955.
ISLANDS. cedure (Amendment.)
Provided that, after conviction for such
attempt, the defendant shall not be liable to
be prosecuted again for the offence which lie
was charged with attempting to commit.
Proviso to 3. The following proviso shall be substituted
etion rpea for the proviso to paragraph (c) of subsection (4)
and replaced. of section 130 of the Principal Act:-
Provided that where the defendant is
the wife of the applicant the Magistrate shall
not make an order containing the provisions
of this paragraph unless he is satisfied that
the applicant is not possessed of sufficient
means to provide reasonable maintenance for
himself or that the applicant is by reason of
old age, illness or physical or mental disability
unable to provide for his own maintenance.".
Substit &ion 4. The following section shall be substituted
of section 175
of the Princi- for section 175 of the Principal Act:-
pal Act.
"Notice of 175. (1) Where an appeal is by way of
appeal. motion the appellant within fourteen days
after the day on which the Magistrate has
given his decision shall serve a notice on the
other party and on the Magistrate of his
intention to appeal, and the said notice shall
also contain the reasons for appeal:
Provided that in the case of an appeal
from a decision of the Magistrate of District
"J" the said notice shall be served within
twenty-eight days after the day on which the
Magistrate has given his decision.
(2) The notice required by subsection (1)
of this section may set forth all or any -of the
following reasons, and no other, that is to
say:-
(a) tLat the Court had no jurisdic-
tion in the case:
Provided that it shall not be com-
petent for a Judge to entertain such
reason for appeal, unless objection to the
jurisdiction of the Court has been







No. 18 of 1955. Mayistrate's Code of Pro- 3 LEEWARkt
cedure (Amendment.) ISLADS.
formally taken at some time during the
progress of' the case anid before the
pronouncing ,.f tile decision; or
(1) that the Court exceeded its
jurisdiction in the case; or

(c) that the Magistrate was per-
sonally interested in the case; or
(d) that the Magistrate acted cor-
ruptly or maliciously in the case; or
(e) that the decision was obtained
by fraud; or
(/) that the case has been already
heard or tried and decided by, or forms
the subject of a hearing or trial pending
before, some competent tribunal; or
(g) that legal evidence substantially
affecting the merits of the case was
rejected by the Court; or
(h) that illegal evidence was admitted
by the Court and that there is not
sufficient legal evidence to sustain the
decision after rejecting such illegal
evidence; or
(i) that the decision is unreasonable
or cannot be supported having regard to
the evidence; or

(j) that the decision was erroneous
in point of law; or
(k) that some other specific ille-
gality, not hereinbefore mentioned, and
substantially affecting the merits of the
case was committed in the course of the
proceedings in the case; or
(1) that the judgment or sentence
passed was based on a wrong principle
or was such that a Magistrate viewing
the circumstances reasonably could not
properly have so decided; or








LEEWARD 4
ISLANDS,


Ifagistrate's (ode of Pro- No. IS of 1955,
cedure (Amendment.)


(m) that the sentence imposed was
unduly severe.
(3) An applicant shall, subject as herein-
after in this subsection appears, set forth in
the said notice the particular matter on which
he relies or of which be complains, in such
manner as to inform the respondent thereof,
as, for example,if he relies upon the reason
for appeal stated in paragraph (f) of subsec-
tion (2) of this section, the name of the
tribunal shall be stated, and, if a decision is
alleged, the approximate date of such decision
shall be stated; if he relies upon the reason for
appeal stated in paragraph (j) of subsection
(2) of this section, the nature of the error
shall be stated; and if he relies upon the
reason for appeal stated in paragraph (k)- of
subsection (2) of this section, the illegality
complained of shall be clearly specified.
(4) Where the reason for appeal given
is that the applicant is not guilty, no particu-
lars need be stated.".
Substitution 5. The following section shall be substituted
of therin i for section 183 of the Principal Act:-
pal Act.
"Appeal limi- 183. At the hearing of an appeal on
ted to reasons
given in motion it shall not be competent for the
notice, appellant to go into, or to give evidence of,
any other reasons for appeal than those set
forth in his notice of appeal:
Provided that where, in the opinion of
the Judge, other reasons for appeal than those
set forth in the notice of appeal should have
been given, or the statement of reasons is
defective, the Judge may in his discretion
allow such amendments of the notice of appeal
upon such conditions as to service upon the
respondent and as to costs as he may think
fit.".
Amendment 6. Section 184 of the Principal Act is here-
of section 4 by amended by deleting the words subject to due
pal Act. notice in the third line and all the words follow-
ing thereafter down to and including the words
"and he in the eighth line thereof.


1 -I




I 4


'o.:*98 of 1955.


Magistrate's (C'ode of Pro-
cedure (Amendment.)


7. After section 184 of the Principal Act
the following section shall be insert(d:-


184A. The Judge may, in any
where he may consider it iiecessary
evidence should be adduced, either-


5 LEEWARD
ISLANDS.


Addition of
new section to
the Principal
Act.


case Power to the
that J'lge to take
evidence.


(a) order such evidence to be
adduced before him on some day to be
fixed in that behalf; or

(6) order such evidence to be given
by affidavit; or

(c) refer the case back to the
Magistrate to take such evidence, and
may in such case either direct the
Magistrate to adjudicate afresh after
taking such evidence and subject to such
directions in law, if any, as the Judge
may think fit to give, or direct him, after
taking such evidence, to report specific
findings of fact for the information of
the Judge; and on any such reference
the case shall, so far as may be practicable
and necessary, be dealt with as if it were
being heard in the first instance.".

8. Section 186 of the Principal Act is here-
by amended by the substitution of a colon for the
full stop at the end thereof and the addition thereto
of the following proviso:-

Provided that the Judge may, if of
opinion that a different sentence should have
been passed quash the sentence passed by the
Magistrate and pass such other sentence
warranted by law (whether more or less
severe) in substitution therefore as the Judge
thinks should have been passed.".

9. The First Schedule to the Principal Act
shall have effect as if for the words five pounds "
appearing in the second column thereof there were
substituted the words one hundred dollars ".


Amendment
of section 186
of the Princi-
pal Act.


Amendment
of second
column of
First Sched-
ule to the
Principal Act.







LEEWARD 6
ILAsNDS.


Magistrate's Code of Pro- No. 18 of #9. I
cedure (Amendment..)


Amendment
of section 17
of the Magis-
trate's Code
of Procedure
(Amendment)
Act 13/1964.


10. Paragraph (b) of
Magistrate's Code of Procedure
1954, shall have effect as if for
and figures (2), (3) and (4) "
substituted the word, symbols
(8), (4) and (5) ".


section 17 of the
(Amendment) Act,
the word, symbols
therein there were
and figures "(2),


MAunICm H. DAVIs,
Deputy President.

Passed the General Legislative Council this
6th day of January, 1955.

A. E. PENN,
Clerk of the Council.




























ANTIGUA.
Printed at the Government Printing Office, Leeward Ilands
by E. M. BtAcKMAN. Government Printer.--By Authority.
1965.


[Prioe! 8 cents.]


47/00026-480s- 2.55.5




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