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Title: Leeward Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
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STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00247
 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: VID00247
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
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        Page 51
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        Page 54
    Antigua - Ordinance, No. 19 of 1954: Crown Proceedings Ordinance, 1954
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    General Government - Statutory Rules and Orders, No. 13 of 1955: Exportation of Foreign Currency (Exemption) Order, 1955
        Page B 1
Full Text



-51


LEEWARD ISLANDS


GAZETTE.


A* ublis tlet bp 2utboritp.


THURSDAY, 17TH MARCH, 1955.


No. 12.


Notices.


It is hereby notified for general
information that His Excellency the
Governor has issued a Commission to
the Hon. P. D. MACDONALD, C.M.G.,
appointing him to be Governor's
Deputy during His Excellency's
forthcoming absence from Antigua,
whilst paying a visit to Montserrat
from about the 20th to the 30th
March, 1955.

The Secretariat,
Antigua.
15th March, 1955.
Ref. No. 18/00283.

Brazilian Consular Repre-
sentation.

With reference to the notice
appearing in Gazette No. 26 of the
3rd June, 1954, it is notified for
general information that Her Majes-
ty's Exequatur has been issued to
Senhor ROBERTO CHALU PACHECO
as Vice-Consul at Port of Spain with
jurisdiction over Tiinidad & Tbago,
Bahamas, Jamaica, the Leeward
Islands. the Windward Islands,
British Honduras, Barbados (exclud-
ing.Bridgetown) and British Guiana
(excluding Georgetown) and bears the
date 7th February, 1955.

The Secretariat,
Antigua.
10th March, 1955.
Bef. No. 19/00009.

No. 26.
Appointments and transfers etc.,
in the public service, with effect from
the dates stated, are published for
general information:-
ALLEN, Mrs. A., Certificated Teacher,
Class II, Education Department,
Montserrat, appointed Certificated
Teacher Class I, Education Depart-
ment, Montserrat. March 1
M. E. 18.
BOATSWAIN, J. W. P., Certificated
Teacher Class II, Education De-
partment, Montserrat, appointed
Certificated Teacher Class I, Educa-
tion Department, Montserrat.
Feb. 1


M. E. 28.


J^ 77 /


FARRELL R. C. B., Senior Clerk,
Public Works Department, Mont-
serrat, resigned appointment.
Jan. 1
M. E. 159.
HARPER, Miss B., Junior Clerk,
Treasury Department. Montserrat,
confirmed in appointment.
30 June 1954
M. E. 192.
MALONE, Miss F, Uncertificated
Teacher, Education Department,
Montserrat, appointed Certificated
Teacher Class II, Education De-
partment, Montserrat. Feb. 1
M. E. 41.
WILLIAMS, J. A., Uncertificated
Teacher, Education Department,
Montserrat, appointed Certificated
Teacher Class II, Education De-
partment, Montserrat. Feb. 1
M. E. 31.
CONFIRMATION OF ORDINANCES.
No. 27.

The Secretary of State for the
Colonies has informed -the Governor
that the power of disallowance will
not he exercised in respect of the un-
dermentioned Ordinances:-

A tigtua.

No. 6 of 1954, The Development
(Telephone) Loan Ordinance, 1954."
St. Kitts-Nevis-Anguilla.

No. 11 of 1954, "The Building
(Amendment) Ordinance, 1954."
Montserrat.

No. 14 of 1954, "The Central
Library Ordinance, 1954."

Virgin Islands.

No. 8 of 1954, "The Protection
of Trees and Conservation of Soil and
Water Ordinance, 1954."
No. 9 of 1954, The Motor Vehicles
Ordinance, 1954."

No. 28.

The Governor has been pleased this
day to assent to the undermentioned
Ordinances:-
Antigua.
No. 22 of 1954, "The Vehicles and
Road Traffic (Amendment) Ordinance,
1954." Feb. 28


No. 23 of 1954, "The Crown
Agents (Change of Title) Ordinance,
1954." Mar. 7


No. 29.
The following Ordinance and Stat-
utory Rule and Order are circulated
with this Gazette and form part
thereof:-
ORDINANCE.

Antigua.

No. 19 of 1954, The Crown Pro-
ceedings Ordinance, 1954."
26 pp. Price 28 cents.

STATUTORY RULE & ORDER.

General Government.

No. 13 of 1955, "The Exportation
of Foreign Currency (Exemption)
Order, 1955." 1 pp. Price 3 cents.


In the Supreme Court of the
Windward Islands and

Leeward Islands.


MONTSERRAT CIRCUIT.
Circuit Court Notice.


NOTICE IS HEREBY given that
in pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward
Islands Courts Order in Council.
1939, on the 24th day of September,
1941, as amended, the Honourable the
Puisne Judge selected for the sitting
of the Court in the Montserrat Circuit
has appointed the undermentioned
day on which the ensuing Circuit
shall sit in the Presidency, that is to
say:-
On Monday the 28th day of March,
1955 at 11.00 o'clock in the forenoon.

ALLAN LOUISY,
Registrar, Montserrat Circuit.

Registrar's Office,
Montserrat.
7th March, 1955.


~
L I.









THE LEEWARD ISLANDS GAZETTE.


In the Supreme Court of the
Windward Islands and
Leeward Islands.
VIRGIN ISLANDS CIRCUIT.

NOTICE IS HEREBY GIVEN
that in pursuance of Rules made by
the Chief Justice under Section 16 of
the Windward Islands and Leeward
Islands (Courts) Order in Council,
1939, and duly approved as therein
provided on the 16th day of Octo-
ber, A.D. 1941, The Honourable
Pnisne Judge selected for the sit-
ting of the Court has appointed the
day of the month on which the en-
suing Circuit Court shall sit as fol-
lows, that is to say:-
The Virgin Islands Circuit on
Friday the 1st day of April, 1955,
at 10 o'clock in the forenoon.

Dated the 24th day of February,
1955.
O. M. BROWNE,
Chief Registrar.

Aid to Pioneer Industries
Ordinance, 1950.
In pursuance of the requirements
of section 3 (2) (a) of the Aid to
Pioneer Industries Ordinance, 1950,
it is hereby notified for general
information that the Governor in.
Council proposes to make the under-
mentioned Order under section 3 (1)
of the said Ordinance.
2. Any person who objects to the
making of such Order shall give
notice in writing of his objection and
of the grounds on which he relies in
support thereof to the Clerk of the
Executive Council on or before the
13th day of April, 1955.
J. L. ROBINsoN,
Clerk of the Executive Council.
THE AID TO PIONEER INDUSTRIES
(MANUFACTURE OF PAINT) ORDER,
1955, DATED MADE BY
THE GOVERNOR IN COUNCIL UNDER
SECTION 3 (1) OF THE AID TO
PIONEER INDUSTRIES ORDINANCE,
1950 (No. 9 OF 1950).

ORDER IN COUNCIL.
1. Citation. This Order may be
cited as the Aid to Pioneer Industries
(Manufacture of Paint) Order, 1955.

2. Manufacture of Paint de-
clared a Pioneer Industry. The
manufacture of paint is hereby de-
clared to be a pioneer industry for
the purposes of the Aid to Pioneer
Industries Ordinance, 1950, and the
following product is hereby declared
to be a pioneer product for the said
purposes:-
Paint.

Made by the Governor in Council
this day of 1955.

Clerk of the Executive Council.
Ref. No. A. 42/67.


Agricultural Scholarship Ten, :ll details respecting any
able at the Imperial Colleg'e aytretsf compensation being
of Tropical Agriculture. made onicA punt of temporary dis-
ablement unkAr section 4 (i) (d).
---- ---


1. Applications are invited, or a
scholarship tenable at the Imperial
College of Tropical Agriculture,
Trinidad, to be awarded by the
Government of the Leeward Islan'ds
in respect of the year 1955.

2. Applications must be submitted
to the Colonial Secretary through-

(a) the Headmaster of the school
at which the applicant is being
or has being taught, or

(b) the Administrator or Com-
missioner of the Presidency con-
cerned,

by the 5th April, 1955.
Application forms should be
obtained from the office of adminis-
tration of the Presidency in which
the applicant resides.

3. The successful candidate will
be required to sign an undertaking to
serve for three years in the Leeward
Islands upon the successful comple-
tion of his course of study if offered
suitable employment.

The Secretariat,
Antigua,
4th March, 1955.
28/00199.


Workmen's Compensation Act.


The attention of persons in Antigua
employing workmen, as defined by
the Workmen's Compensation Act,
1937, is directed to the notice dated
5th February, 1954, published in the
Leeward Islands Gazette on the 18th
February, 1954, whereby such per-
sons are required to render, on or
before the 15th day of February in
every year, to the Labour Commis-
sioner, a correct return in respect of
the preceding calendar year speci-
fying:-

(a) The total number of injuries
to workmen during the year in
respect of which compensation has
been paid;

(b) The number of fatal injuries
included under (a);

(c) The total amount paid in full
settlement of claim for compensa-
tion in respect of non-fatal injuries.
(d) The total amount paid to
dependents in respect of fatal in-
juries;
(e) The number of non-fatal in-
juries which have been classified as
of a permanent nature;


Dated the 24yth day of February,
1955.
Administrator.
A. 65/7

' With reference to the Declaration
dated the 26th day of October, 1954
(S. H. & O. 1954, No. 30) regarding the
acquisition for public purposes of
certain lands forming part of Five
Islands Estate as set out in the
Schedule to the said Declaration:

IT IS HEREBY notified for general
information that the said lands which
comprise portions of the several
estates commonly known as Five
Islands Estate have now been demar-
cated by actual survey and a notice
of acquisition in respect of the said
lands has been issued in accordance
with the provisions of section 7 of the
Act. The area and boundaries of the
same are as hereunder:

ALL THOSE portions of lands
forming part of Five Islands, Gambles
(Five Islands) and Galley Bay com-
monly called Five Islands Estate
situate in the Parish of St. John in
the Island of Antigua containing by
admeasurement 129.309 acres and
bounded as follows:-
On the North by Galley Bay and
Gambles (Five Islands);
On the East by Five Islands;
On the South by Galley Bay and
the Village of Five Islands and
On the West by Galley Bay.
Dated this 2nd day of March, 1954.

HENRY J. ELWIN,
Authorized Oficer.

GENERAL (OPEN) IMPORT
LICENCE.

No. 1 of 1955.
1. General (Open) Import Licence
No. 2 of 1954 dated the 1st day of
April, 1954, is hereby amended as
follows:-

By the deletion of the words
Lumber and wood products ex-
cluding furniture from the Sched-
ule thereto.

2. General (Open) Import Licence
No. 1 of 1954 dated the 1st of April,
1954, is hereby amended as follows:-
By the addition to the Schedule
thereto of the following new item
after item (19)-
"(20) Lumber and wood pro-
ducts ".
Dated this 3rd day of March, 1955.

By Order of the Governor,

C. MO A. STEVENS,
Supply Oficer.
40/32-III.


[17 M~arch, 19%.-5









THE LEEWARD ISLANDS GAZETTE.


University College Hospital of
the West Indies.

Applications are invited for two
posts of Registrar or Senior Registrar
in the Division of Obstetrics and
Gynacology at the above-named
teaching hospital which is in special
relationship with the University of
London. A higher qualification in
Obstetrics & Gynaecology is desirable
but not essential. The successful
candidates will be required to assume
duties by the end of June and early
in October, 1955, respectively.

The appointments will each be for
one year in the first instance, subject
to renewal. Salary is in the scale
800x100-1,000/1,100xl00- 1,400
per annum, depending on experience
and qualifications. Single accommo-
dation 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 passage 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, St. Andrew, Jamaica,
B. W. I., to whom applications stating
age, nationality and details of quali-
fications and experience, together
with three recent testimonials or the
names and addresses of three referees,
should be sent by the 16th of April,
1955.
Ref. No. 13/00286.

University College Hospital of
the West Indies.
CHIP PHARMACIST'

Applications are invited for the
post of Chief Pharmacist at the
above-named teaching hospital which
is in special relationship with the
University of London. Applicants
should possess the Ph. C. qualification


or its equivalent, and should be
experienced in sterilization ind
hospital routine.

The successful applicant will be
required to train students to the
standard of the Chemists & Druggists
qualifying examination, and to give
instruction in Pharmacy to Medical
students studying for the M.B., B.S.
degree of the University of London.

The salary payable will be in the
scale 950-25-1.050 per annum,
depending on qualifications and
experience. A deduction of 5% of
salary will be made for superannua-
tion purposes. 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, Mona, St. Andrew, 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 30th of June, 1955.
Ref. No, 13/00286.

Surveyor-Draughtsman,
Waterworks Department,
Barbados.


Applications are invited for the
above post.

The post is pensionable with salary
in the scale $1,920. $1,920-120-2,880-
144-3,456 per annum, plus C.O.L.A.
at the rate of $156 per annum. Leave
passages are payable at a salary of
$2,280 per annum and over.
Applicants must be conversant with
Theodolite and Dumpy Level Survey-
ing and Planetable work, and must
also be able to produce neat tracings,
and know the elements of draughts-
manship.


Applications stating age, qualifica-
tions and experience, should be
addressed to the Chief Secretary,
Public Buildings, Barbados, to reach
him not later than 26th of March, 1955.
Ref. No. 18/00286.

TRAFFIC NOTICE.


The Vehicles and Road Traffic

Ordinance, 1946.


By virtue of the powers conferred
on me in Section 2 of the Vehicles
and .Road Traffic Ordinance 1946
(No. 5 of 1946), I hereby fix the
period hereunder for the lighting of
vehicles.

Until further notice, the lighting
of vehicles shall be from 6.30 p.m. to
5.45 a.m.

Dated this 24th day of February,
1955.

E. M. V. JAMES, Lt. Col.

Traffic Commissioner.
36/00004

RAINFALL FIGURES.

Central Experiment Station,

Antigua.


1951. 1952. 1953. 1954. 1955.
Jau. 3.60 3.10 2.55 3.44 2.16
Feb. 1.88 1.60 1.02 2.45 ..68
Mar. 12th .95 .10 .77 .28 .53


6.43 4.80 4.34 6.17 3.37


S53


1W March, 1955.]








54 1 THE LEEWARD ISLANDS GAZETTE. [17 March, 195b.
ANTIGUA.

Control of Imports and Exports

Notice No. 1 of 1955
TENDER FOR FLOUR

Tenders are invited for the supply of 15,000 half bags of 100 lb each E grade flour from
Local Commission Agents of Canadian Flour Mills. Quotations should be C.I.F. Antigua and should
include agents commission. Tenders should indicate whethekthey would be prepared to accept any pro-
portion of the 15,000 bags say 5,000 bags and if so at what price.
2. The "E" grade flour must be milled solely from Canadian Hard Spring Wheat not lower-
in grade than No. 3 northern and must be of the following minimum standard:-
Maximum moisture ... 14.00%
Maximum ash ... .52%
Minimum protein ... 12.00%
All flour to be enriched in accordance with the following:-
Minimum. Maximum.
Thiamine 2.0 / 2.5 milligrams for each lb. flour
Riboflavine 1.2 1.5 ,, ,,
Niacine 16.0 20.0 ,, ,, ,
Iron 13.0 16.5 ,, ,,
With Calcium Car-
bonate 500 600 ,, ,,
The name of the miller, analysis of the flour, the enrichment standard and brand name should
be stated in the tender. Chemist's certificate showing analysis of the flour, enrichment standard and
duly notarised must accompany documents. The Supply Officer however, exercises the right to arrange
for samples to be drawn and analysed on his behalf.
Shipping documents must include date of shipment of all flour and must indicate that it is en-
riched and "Vitamin Enriched Flbur" must be stencilled on each bag.
3. Flour to be loaded at Montreal, Halifax or St. John and shipped to arrive in Antigua
during May, June and July, 1955 at a monthly rate of 5,000 half-bags of 100 lbs. each.
4. Tenders should be in sealed envelopes marked Tenders for flour" and should be addressed
to His Honour the Administrator and should reach the Administrator's Office not later than 4 p.m. on
31st March, 1955.
5. Government does not bind itself to accept the lowest or any tender.

Administrator's Office,
Antigua.
26th February, 1956.
Ref. No. A. 40118.











ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E. 5I. BLACKMAN,
Government Printer.-By Authority,
1955.
[Prica37 cents]







N)91 ('Oi l Pn:r leealo/up,.


SL.S.]
I AsSENT,
K. WA. BLACKBURNE,
Governor.
24th February, 1955.

[By Procla.i.mation

ANTI UA.

No. 19 of 1954.
An (Ordinance to amend the law relating to the
civil linhilities an civil proceedings; by aind :iaint the Crown,
to l menl the lawv relati)Ln to the civil liabilities
or persons other than the Crown in certain
c;:scs invol vii i tihe affi'irs or prol- rtv of the
Crown, in:ld tor purposes connect with the
matters ;afor(csaid.
ENACCITED hv the Legislature of Antigua
as follows:--
1. This Ordinance may be cited as the Crown short title.
Proceedings Ordinance, 1')54.
2. (1) Any reference in this Ordinance to Interpreta-
the proviiMons of this O(rdinMance shall, unless the tion.
context otherwise requires, include a reference to
rules of court ar.d Magistrates' Courts rules made
for the purposes of this Ordinance.
(2) In this Ordinance-
"agent when ised in relation to the Crown,
includes an independent eontraintor em-
ployed by the Crown;.
Her Majesty's aircraft" does not include
aircraft belonging to Her Majesty other-
wise than in right of Her Government in
the United Kingdom:
'" Her Majesty's ships means ships of which
the beneficial interest is vested in Her
Majesty or which are registered as
Government ships for the purposes of the
Merchant Shipping Acts, 1894 to 1940,
or which are for the time being demise



A


Nd. 19 of 195-Irl


A NTIGUA.







ANTIGUA. 2 Crotn Proceedings.


or subdemised to or in the exclusive
possession of the Crown, except that the
said expression does not include any ship
in which Her Majesty is interested other-
wise than in right of Her Government in
the United Kingdom unless that ship is
for the time being demiaed or subdemised
to Her Majesty in right of Her said
Government or in the exclusive possession
of Her Majesty in that right;
"Magistrates' Courts rules" includes rules
made by the Governor in Council under
section 259 of the Magistrate's Code of
Cap. 61. Procedure Act and pursuant to section
29 of this Ordinance;
"civil proceedings include proceedings in the
Supreme Court or the Court of Summary
Jurisdiction for the recovery of fines and
penalties;
"officer in relation to the Crown, includes
any servant of Her Majesty in right of
Her Government of the Colony or of the
Presidency;
"order" includes a judgment. decree, rule,
award or declaration;
prescribed means prescribed by rules mndc
under section 29 of this Ordinance:
proceedings against the Crown includes a
claim by way of set-off or counterclaim
raised in proceedings by the Crown:
statutory duty means any duty imposed
by or under any Federal Act or any
Presidential Act or Ordinance or other
law extending to (or having effect in)
the Presidency.
(3) Any reference in Parts III and IV of
tnis Ordinance to civil proceedings by or against
the Crown, or to civil proceedings to which the
Crown is a party, shall be construed as including a
reference to civil proceedings to which the Crown
Attorney or any officer of the Crown as such is a
party:


No, 19 of 19.54,,







Crown 1 Prceedinys.


Provided that the Crown shall not for the
purposes of Parts Ill andi [V of this Ordinance he
deemed to be a party to any proceedings by reason
only that they are brought bv the Crown Attorney
upon the relation of some other person.

(4) Any reference in this Ordinance to the
armed forces of the Crown shall be construed as
including a reference to the following forces:-

(a) the Women's Roval Naval Service;
(b) the Queen Alexandra's Royal Naval
Nursing Service; and
(c) ,aiy o!iher organisation established
under the control of the Admiralty, the Army
Council or the Air Council.

(5) References in this Ordinance to any
enactment halIll be construed as references to that
en:tctmlnnt t;s iamende d by or und (r a:ny other
enliactlncr t including this Ordinance.

PART I.
SUBSTANTIVE LAW.

3. (1) Where after the commencement of ipht to sue
this Ordinace any person his a claim against the the crown.
Crown as defined in subsection (2) of this section,
then, siiujel t to the provisions of this Ordinance,
the claim may be enforcedt as of right, and without
the consent of the governor by proceedings taken
against the Crown for that purpose in accordance
with the provisions of this Ordinance.

(2) The reference to a claim against the Crown
in sulbectirn (L) of this section shall be construed
as meaning a claim against tihe Government of the
Presidency which, if this Ordinance had not been
passed, might have been enforced, subject to the
consent of the Governor, in a suit instituted by the
claimant as plaintiff against the Attorney General
as defendant in accordance with the provisions of
the Crown Suits Act or might have been enforced Cap. i;.
by a proceeding provided by any other statutory
provision.


'2,O, 11) of 1954,


3 ANTIGUA.







Ar\IGUA. 4 Croun Proe.-Nm1,f8.


(3) Any claim against the Crown maide
pursuant to any statutory provision (ena(ctkd after
the commencement of this Ordinance shall, unless
otherwise directed !,v arn law, be likewise enforced
as of right, and without the fiat of the Governor,
by proceedings taki a i'nainst tie Crown in accord-
ance with the provisions of this Ordinance.
Liability of 4. (1) uabject to the prIovisjios of thi
thCrownin Ordinance, ti. Cro wn shall be subject to all those
liabilities in rort to which, if it 'v,-re a p!ri'V;i-
person of full age antl caipaciry, it vwoluh be
subject-
(a) in respect of torts committed by its
servants or agents;

(h) in respect of any breach of those
duties which ', person owes to his servants or
::a'ents at common la\w by rea soni of being their
employer; and
(c) in respect of any breach of the duliics
attaching at common law to the ownership,
occupation, possession or control of property:
Provided that no proceedings shall lie against
the Crown by virtue of palragraiph (a) of this
subsection in respect of any act or m 1issi0on of a
servant or agent of the Crnwii uno Is the arct or
omission wouli apart from the pioXvisionls (of this
Ordinance have given rise to : cause of action in
tort against that servant or genlt of his estate.
(2) Where the Crown is bound by a statutory
duty which is hindingo also upon persons other thlin
the Crowii and its officers, then, subject to the
provisions of this Ordinance. the ('rown shall, in
respect of a failure to comply with that duty, be
subject to all those liabilities in tort (if any) to
which it \\oulld be so subject if it were a private
person of full age and capacity .
(3) Where ani functions are conferred or
imposed upon an officer of the Crown as such
either bv anv rule of the coinmmon law or by any
law, and that officer commits a tort while perform-
ing or purporting to perform those functions. the
liabilities of the (Cro, n in respect of the tort shall


-N~o. 19 of l(9;,-)









he such as they would have been if those functions
had been conferred or imposed solely by virtue of
instructions lawfully given by the Crown.
(4) Any enactment which negatives or limits
the amount of the liability of the Crown or lan
officer of t ii Crown ini respect ,f! any tort c-ommitted
Ib such officer shall, in case of proceedings against
the Crown under this section in respect of a tort
committed by such officer, apply in relation to the
Crown as it would have applied in relation to such
officer if the )pr(ceedingls aginist the Crown had
been proceedings against the said officer.

(5) No proceedings shall lie against the Crown
by virtut of this section in respect of anything
done or omitted to he done by any person while
discharging or purporting to discharge any res-
pousibilities of ai judicial nature vested in him, or
any responsibilities which he has in connection with
the execution of judicial process.
(6) No proceedings shall lie against the Crown
by virtue of this section in respect of any iact,
neglect or unless that officerr has been directly or indirectly
appointed by the Crown and was at the material
time paid in respect of his duties as an officer of
the Crown wholly out ol the general revenue or
other government funds of the Presidency or by
the general government of the Colony,.or was at
the material time holding an office in respect of
which thi Governor certifies that the holder thereof
would norm;illy be so paid.
5. (1) Where after the commencement of Provisions as
this Ordinance any servant or agent of the Crown to indmatrial
property.
infringes a patent, or infringes a registered trade
mark, or ift'ringe: any copyright, and the infringe-
mentt is committed with the authority of the
Crown, then. subject to the provisiolis of thi.
Ordinance, civil proceedings in respect of the
infringement shall lie uga-inst tle Crown.
(2) Nothing in subsection (1) of this section
or in any other provisions of this Ordinance shall
afft':t the rights of thoe (Gov,.rnor under section 29
of the Patents Act. Onp. 147.


19,. 1' of 19354.


Crown Jroeemetrdtqs.


5 ANTIGUA.







ANTIGUA. 6 Orowr Proceedings.


(3) Save as expressly provided by this section,
no proceedings shall lie against the Crown by
virtue of this Ordinance in respect of the infringe-
ment of a patent, in respect of the infringimlent of
a registered Irade mark, or in respect of tih
infringement of any such copyright as is mentioned
in subseotion (1) of this section.

Application 6. Where the Crown is subject to ainy
of aw asto liability by virtue of this Part of this Ordinance,
contribution. lly law relating t, indemnitv and contribution
shall be enforceable by or againstt t 1, ('Crown in
respect of the liability to which it is so subjicxt as ii'
the Crown were a private person of full age and
capacity.

Liability in 7. (1) Subject as hereinafter provided, no
with ostal proceedings in tort shall lie against the Crown for
packets. anything done or omitted to be done in relation to
a postal packet by any person while emloployed as a
servant or agent of the Crown, nor shall any officer
of the Crown be subject, except at the suit of the
Crown, to any civil liability therefore.

(2) Proceedings shall lie against .he Crown
under this subsection in r ;,it damage to a registered inlaid p(oltal p[Ack~t iLi -.o
far as the loss or damage is due to ii ,y wrongful
act done or any neglect or default coninitted I,', a
person employed as a servant or agent of ':he
Crown while performing or puriortin: to p .i i'li
his functions as such in relation to the receipt,
carriage, delivery or other dealing with the packet:

Provided that:--

(a) no proceedings shall li( ,rnd]r ;,i,
subsection in respect of :7 y postal pa ,.r,
registered before the coinnencement of this
Ordinance;

(b) the amount recoverahle in any pro
ceeding>s under thiu subsection shall iot exceed
the lllirke1t valui, ()f the pi',cki: t in iluesti'
(excluding the market value of ny inesa'
or information which it ears) a:t the timl
when the cause of action arises;


No. 19 o(f 1954.







Crown Proceedings.


(c) the amount recoverable in such pro-
ceedings shall not in any event exceed the
maximum amount which, under the Post
Office rules is available for compensating the
persons aggrieved having regard to the fee
paid in respect of 6he registration of the
packet; and

(d) the Crown shall not be liable under
this subseetion in respect of any packet unless
cuch conditionsi as are prescribed by the Post
Office rules in relation to registered inland
postal packets have been complied with in
relation to that packet.

For the purposes of any proceedings under
this subsection, it shall be presumed, until the
contrary is shown on behalf of the Crown, that the
loss of or damage to the packet was due to some
wrongful ;it done, or some neglect or default
committed, by a person employed as a servant or
agent of the Crown while performing or purporting
to perform his functions as such in relation to the
receipt, carriage, delivery or other dealing with the
packet.
(3) No relief shall be available under sub-
section (2) of this section except upon a claim by
the sender or the addressee of the packet in
question; and the sender or addressee of the packet
shall be entitled to claim any relief available under
the said subsection in respect of the packet whether
or not he is the person damnified by the injury
complained of. and to give a good discharge in
respect of all claims in respect of the packet under
the said subsection:

Provided that where the court is satisfied,
uiion an application by any person who is not the
sender or addressee of the packet, that the sender
and the addressee iare unable or unwilling to
enforce their remedies in respect of the packet
under the 1'iaid subsection, the court may, upon
such terms a. to security) for costs and otherwise
as: the court thinks just, allow that other persor to
i.ibing proceedings under the said subsection in the
name of the sender or dth. addressee of the packet.


No. 19 of 1954.


7 ANTIGUA.







ANLIGUA. 8 CroZn I''..N"o,. .71J, s.


Any reference in this subsection to the sender
or addressee of the packet inHludes a reference to
his personal representatives.

(4) Where Ib virtue of subsection (3) of this
section any person recovers any money .i propertyy
which, apart from that sub.ection, w\ouid have
been reco vcra le 1 e\' snome ,othr peron, the ione\
or property so recovered shall be held on trust for
that person.
(5) Post Office rules may he rnade for pre-
scribing the conditions to be observed for the
purposes of this section in relation to registered
inland postal packets.
(6) In this section-
The expression postal packet has the
Cap. 123. salie meaning as il the Post Office Act.

The expression inland pos;ni packet
means a postal packet which is posted in the
Presidency, for delivery at any place within
the Presidency to tie person to whom it is
addressed.
The expression sender in relation to
a postal packet, hais su(:cli m-aning is may be
assigned to it by Po, ()fie, Rul.,.

(7) Any reference in this section to a I., tal
packet shall be construed as including :i reference
to the contents of such a packet.

Provimons 8. (1) lNothiing lhne or omitted to be done
' ehito by a ;n 1imh1r f ,lhe in rc oi the Crown
forces. while on dtty :is suIh shall su!)jeci eithr him or
the Crown to liability in tor t f'r ciusing the death
of another pe1roni, or f(w r cau.in personal injury
to another per soi in so f'ir s i he i death or per-
son'l injury i.s diwe to anything suffered by that
other }prs,;n \ while he-; a member of the armed
forces of the Crown if-

(a) at the time when that thing is
suffered by that other person, lie is either on
duty as a membeiir of the earned force:, of the
Crown or is, though not on duty as such, on


No. 19 ()f 19,4








Cirouwn Proceedias.9.


any land, premises, ship, aircraft or vehicle
for the time being used for the purposes of
the armed forces of the Crown; and

(b) (i) where that other person is a
mpmnber! of thie ;,rmed forces of the Crown in
right tf its (overi;:nent in the V united King-
dom. the Mii ,rr ,o. Pensions certifies that
his suffering that thing has been or will he
treated as attributIble to service for the pur-
poses of entitlement to an award under the
Royal Warrant, Order in Council or Order of
HI L aLjest.y relating to uie disatlemenit or
death of members of the force oi whiich he is
a member;
(ii) where that other person is a member
of the armed forces of the Crown in right' of
its Government in the Coloiyv or in the Presi-
dencv. the (Governiir in Council certifies thla
his suffering that thing has been or will lie
trea,;ted as attriblutable to service for the ,pur-
poses of entitlement to a gratnily or pinsioll
miler any ent'etrment relating to the disable-
mnnt or death of members of the force of
which he is a miemb!er:
P; ,vided that this subsection shall not exeni t
a member ,ii' t! said forces from liability in to(-t
in any ct,,e in which i.tc court is satisfied that tii
aect or omission Wls !!ot connected with the execi-
tion of hi:. duties as a i iitember of those forces.
('*/) N, proeeildini.4 i;m tort shall lie again.-t
the 'c\iN foi ii or personal injury due t-,
;iiiythii. -nuff'cred hvl ieinhmle of the arinei forces
of the Crown if-
(a) that hhi% i: .1 iii hun in con-
se, uence of the naiiAI,' Lr '(.' dition of a(nv
siucf aii. e i.;e-, ..i A. aclai or vehicle
;is mtI're-0aid, or inl cGnlsequence of the nature
or i'oiiDioi1n o.f an!.y equipment or supplies
usedl for the purpose, of those forces; aind
(b) (i) in the case of a meml,er of the
; ,n'er i fo' s ofi thi- ( ot i itoi l ht of it,
';ernoitujit in thn Unitel Kingdom, thi


LiO. 19 of 1954.~


9) ANTIGUA








ANTIGUA. 10 Crown 'roceedinje.,


Minister of Pensions certifies as mentioned in
the preceding subsection;
(ii) in the case of a member of the
armed forces of the Crown in right of its
Government in the Colony or in the Presi-
dency, the Governor in Council certifies as
mentioned in the preceding subsection,
nor shall any act or omission of an officer of the
Crown subject him to liability in tort for death or
personal injury, in so far as the death or personal
injury is due to anything suffered by a member of
the armed forces of th( Crown being a thing as to
which the conditions aforesaid are satisfied.
(3) The Governor, if satisfied that it is the
fact-
(a) that a person was or was not on any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the Colony or in the Presi-
dency; or
(b) that at any particular time any land,
premises, ship, aircraft, vehicle, equipment or
supplies was or was no1, or were or were not,
used for the purposes of the said forces,
may issue a certificate certifying that to be the
fact; and any such certificate shall, foi the pur-
poses of this section, be conclusive as to the fact
which it certifies.
(4) A certificate of the Admiralty or a Secre-
tary of State-
(a) that a person was or was not on any
particular occasion on duty as a member of
the armed forces if the Crown in right of its
Government in the United Kingdom; or
(b) that at any particular time any land,
pirUimises. ship, aircraft, vehicle, equipment or
supplia.s was or wait not, ur were or were not,
used for t'he purposes of the said forces,
shall, for the piurposes of this section, he conclu-
;ive as to the fact which it certifies.


No. i9, of 1954.i








N'roirn Proceedings.


(5) For the purposes of this section-

(a) "Governor in Council" means as
respects a member of an armed force estab-
lished by virtue of an Act of the Colony the
GTovern,r with the advice of the Executive
Council ot the Colony and in any other case
the Governor in Council of the Presidency
wherein such member is serving; and

(b) member of the armed forces of the
Crown unless the context otherwise requires
Iln.vais a mnembier of the armed forces of the
Crown, in the right of its Government in the
Colony or in the Presidency (including mei-
bers of the Police Force) or in right of its
Government in the United Kingdom.

(6) Nothing in this section shall be deemed
by implicttioi or otherwise to confer any right of
actioni a;2ainst the Crown in right of its Govern-
ment in the United Kingdom.

9. (1) Nothing in Part I of this Ordinance
shall extinguish or abridge any powers or authori-
iie,: which, if this Ordinlnce had not been passed,
wo .i hav' e been exercisable by virtue of th,
pi'vregLtive of the Crown, or any powers or authori-
ti:e conferrn'd on the Crown by any law an(i,
in particular, nothing in the said Part, I shall
extinguish or abridge any powers or authorities
exercisable by the Crown, whether in time of peace
or of war, for the purpose of the defence of the
Colony or of training, or maintaining the efficiency
of, any of the armed forces of the Crown.

(2) Where in all proceedings under this
Ordinance it is material to determine whether any-
thing wais properly done or nmiil.ted to be done in
tile exercise o,' the. prerogali'e i,! thi, Crown, the
Governor nma, if satisfied that the act or omission
was nec"-s;rv for any such purpose as is mentioned
in thl) list pil 'cedding subl-ection, issue a certficate
i: tile oi'',t that th. act or omission w;as 11'cess~ary
lor ha!t i' trpo' ; anl! t ,l certificai" shall, in those
iroeedni,,. i 1e conclusive, az to the matter so
certified.


rospolut. (if ac(tS
prerogtitive
aiud Situtuly
p'ower..


No. 19 of M94.


11 ANTIGUA.








'A


C( rumn T, )ceeditkya.


No. 19 of 1954.


PART I.IL

JuRISD GTCION AND) PHOtuCEDURE.


Civil procetd-
ilh'a in the
I ill 'rll tile
court.








57 & 58 Viot.
c. 319.
Oivil proceed-
ings in the1
curt of Suim-
tion and
MitaiAtrate's
Court.





















Int.erpiil.e;mr.


10. (1) Subject to the provisions of this
Ordinance, all civil proceedings by or against th<
Crown in the uprenti Court shall be instituted
and proceeded with in accordance with rules of
court. mnd lnot otherwise.

(2) In relation t( any claim aifainst the
Crown in the Supreme C(ourt as ~ Colonial Court
of Admiralty which falls within th' jurisdiction of
that Court as a prize court, the expression rules
of court" in this section means rules of court
made under section 3 of the Prize Court Act, 18!94.

11. (1) Subject to, th!i prtiisiIons of this
Ordinance, anmi to sectiuo!Js 6 and 9 of the Sunmmary
Jurit fiction Act which luirmi the jurisdiction of the
Court of Sunmmary JurisdictiiM in relation to the
subject matter of the proceedings to be brought
and the amount sought to be recovered in the
proceedings and to any law limiting the jurisdiction
of a Magistra e's Coirr (whether by reference to
the subject matter of the proceedings to be brought
or the amount sought to be recovered in the pro-
ceedings or otherwise) any civil proceedings b\ or
against the Crown may bi) instituted in a Court of
Summary Jiirisdiction or in a Magislrate', Court.

(2) Auy proceeding, li) or against ihe Crown
in a Court of Summary J urisdictioi, shall be
instituted and procue-ded with in accordance with
rules of court oi the Court of Summary Jurisdic-
tion and not otherwise.

(3) Any proceediitis by or ilgaill thle Crown
in a Magistrace's Co.urt tshal !e instituted and pro-
c('rded wth in accordance with Magwstrattes' (C.rrt
Ikrles and not otherwise.

12. Th, Crown may obtain relief by wa\:
9f interpleadetr IprI,'cedings, aiid n-ay be made 2
party to such prco( dings, in tlhe same manner in
which a subject may obtain relief by way of suwb
procet:diinui. n,' t \~hatading that trh'" nilicatiol
for relief is made by a Provost Marshal or Bailiff,








No. 19 uf 1954.
0


Crou'n Pr ? ca ngs.


13 ANTIGUA.


and all rules of court and MaT;istrates' Court rules
relating to interpleader proceedings shall, subject
to such modifications s may be prescribed have
effect accordingly.
13. (1) Civil proceedings by l he Crown Partie. to
may be instituted by the Crown Altori ,y: proceedings.
Provided that where in any Act o' Ordinance
passed before the coming inii, operation of this
Ordinance it is therein provided that any debt due
to the Crown shall b6 sued for and recovered by a
particular officer of the Crown, civil proceedings by
the Crown for the recovery of such debt may be
instituted by that officer.
(2) Civil proceedings against the 'Crown shall
be instituted against the Crown Attorney.
(3) No proceedings instituted in accordance
with this Part of this Ordinance by an officer of
the Crown or in the name of or against the Crown
Attorney shall abate or be affected by any change
in the person holding that office or holding the
office of Crown Attorney.
14. All documents required to he served on servios of
the Crown for the purpose of or in connection with documents.
any civil proceedings by or against the Crown shall,
where the proceedings by the Crown are brought
in the name of '.n officer of the Crown other than
the Crown Attorney, be served on that officer or
on the Crown Attorney.
16. (1) If in a case where proceedings are finovai and
instituted against the Crown in a Magistrate's tannfer cf
Court an application in that behalf is made by the
Crown to the Supreme Court, and there is pro-
duced to the Court a certificate of (he Crown
Attorney to the effect that the proceedings may
involve an important question of law, or may be
decisive of other cases arising out of the same
matter, or are for other reasons more fit to be tried
in the Supreme Court, the proceedings shall be
removed into the Supreme Court.
(2) Where any proceedings have been removed
into the Supreme Court on the production of such
a certificate as aforesaid, and it appear to the







ANWrIGA. 14 Crown ProceedingNs.


court by whom the proceedings are tried that the
removal hav occasioned additional expense to the
person by whom the proceedings are brought, the
court may take account of the additional expense so
occasioned in exercising its powers in regard to the
award of costs:
Provided that an order for the transfer to a
Magistrate's Court ot any pricce(!dii gs against the
Crown in the Supreme Court shall not be made
without the consent of the Crown.
Nature of 16. In any civil proceedings by or against
Relief. the Crown the court shall, subject as hereinafter
provided, have power to make all such orders as it
has power to make in proceedings between Subjects,
and otherwise to give such appropriate relief as the
case may require:
Provided that-
(a) where in any proceedings against the
Crown any such relief is sought ns might in
proceedings between subjects be granted by
way of injunction or specific performance, the
court shall not grant an injunction or make an
order for specific performance, but may in
lieu thereof make an order declaratory of the
rights of the parties; and
(b) in any proceedings against the Crown
for the recovery of land or other property the
court shall not make an order for the recovery
of the land or the delivery of the property, but
may in lieu thereof make an order declaring
that the plaintiff is entitled as against the
Crown to the land or property or to the
possession thereof.
(2) The court shall not in any civil proceed-
ings grant any injunction or make any order against
an officer of the Crown if the effect of granting the
injunction or making the order would be to give
any relief against the Crown which could not have
been obtained in proceedings against the Crown.
Costs in civil 17. In any civil proceedings by or against the
proceedin to Crown, the costs of and incidental to the proceed-
Crown is a ings shall be awarded in the same manner and on
party. the same principles as in cases between subjects, and


No. 19 or M`14.-









the court shall have power to make an order for
the payment of costs by or to the Crown accord-
ingly.

18. All enactments, rules of court and Magis- Appeals and
rates' Courts rules relating to appeals and stay of station
execution shall, with such modifications as may be
prescribed, apply to civil proceedings by or against
the Crown as they apply to proceedings between
subjects.

19. (1) Subject to the provisions of this sec- Scope of
tion, any reference in this Part of this Ordinance Part I.
to civil proceedings by the Crown shall be con-
strued as a reference to the following proceedings
only:-
(a) proceedings for the enforcement or
vindication of any right or the obtaining of
any relief which, if this Ordinance had not
been passed, might have been enforced or
vindicated or obtained-
(i) by proceedings for the recovery
of chattels or money by way of
damages or otherwise, or any
hereditament or an account and
payment from any defaulting
officer or other person or cor-
poration or by the writs of
capias ad respondendum, writs
of subpoena ad respondendum,
writs of appraisement, writs of
scire farias, and by proceedings
for the determination of any
issue upon a writ of extent or
of diem clausit extremum,
(ii) by an action at the suit of the
Crown Attorney or a particular
officer of the Crown;
(b) all such proceedings as the Crown is
entitled to bring by virtue of this or any other
Ordinance, or any law,
and the expression "civil proceedings by or against
the Crown shall be construed accordingly.


CrowLn Proeedinlgs.


15 ANTIGUA,


No. 19 of 1954.









(2) Subject tbo (e proviioins of this -Ctcionn,
any reference in this Part of this Ordinance to civil
proceedings against the Crown shall be construed
as a reference to the following proceedings only:-
(a) proceedings for the enforcement or
vindication of any right or the obtaining of
any relief which, if this Ordinance had not
heen passed, might have been enforced or
vindicated or obtained by ani action( a,:iinst
the Attorne Ge(, eral; arid
(b) all such proceedin'- asas any person is
entitled to bring against the Crown by virtue
of this or any other Ordinane or any law,
and the expression "civil proceedings by or against
the Crown shall be construed accordingly.
(3) Notwithstanding anyIIthing in the preced-
ing provisions of this section, the provisions of this
Part of this Ordinance shall not have effect with
respect to any proceedings brought by the Crown
Attorney on the relation of some other person or to
proceedings in connection with any charitable trusts.
PART III.
JUDGMENTS AND EXECUTION.
Interest on 20. (1) Section 7 of the Judgments Act
,ebtt,damages (which provides that a judmenA' dt et shall carry
and costs. I -
interest) shall apply to judgment debts due from or
Cap, 10. to the Crown.
(2) Where any costs are awarded to or against
the Crown interest shall be payable upon those costs
unless the court otherwise orders, 11ad aNy interest
so payable shall be at the sameer te as that at which
interest is payable upon judgment debts due from
or to the Crown.
(3) This section shall apply both in relation
to proceedings pending at the conmnencement of
this Ordinance and in relation to proceedings
instituted thereafter.
Satisfaction 21. (1) Where in any civil proceedings by or
of orders
against the against the Crown, or in connection with any
Crown. arbitration to which the Crown is t parity, any
order (including an order for costs) is made by any


AINTTTGUA. 166


Cro?ii Prr~oceedinys.


No 19 of IFri








('roc'n 1 .Proceedings,


court in favour of any person against the Crown,
the proper officer of the court shall, on applica-
tion in that behalf made by or on behalf of
that person at any time after the expiration of
twenty-one days from the d-tt. of the order or, in
case the order provides for the payment of costs
and the costs require to be taxed, at any time after
the costs have been taxed, whichever is the later,
issue to that person a certificate in the prescribed
form containing particulars of the order:

Provided that, if the court so directs, a separate
certificate shall be issued with respect to the costs
(if any) ordered to be paid to the applicant.
(2) A copy of any certificate issued under this
section may be served by the' person in whose
favour the order is made upon the particular officer
of the Crown concerned, or the Crown Attorney, as
the case may be.
(3) If the order provides for the payment of
any money by way of damage or otherwise, or of
any costs, ith certificate shall state the amount so
payable, and it shall be lawful for the Governor by
warrant under his hand to direct the amount appear-
ing by the certificate to be due, to he paid to the
person entitled thereto or to his solicitor, together
with the interest, if any, lawfully due thereon:
Provided that the court by which any such
order as aforesaid is made or any court to which an
appeal against the order lies may direct that, pend-
ing an appeal or otherwise, payment of the whole
of any amount so payable, or any part thereof, shall
be suspended, and if the certificate has not been
issued may order any such directions to be inserted
therein.
(4) Save as aforesaid and subject to rules of
court no execution or attachment or process in the
nature thereof shall he issued out of any court for
enforcing payment by the Crown of any such
amount or costs Irs aforesaid, and the Crown
Attorney or other officer of the Crown as the party
in whose name civil proceedings by or against the
Crown have been instituted shall not be personally
liable under any order for the payment by the


14' ;k NTIG UA.


No.. I'D of 1954.







ANTIGUA. 18 Crown Proceedinys.


Crown, or the Crown Attorney, or other officer of
the Crown as such, of any such money or costs.
(5) This section shall apply both in relation
to proceedings pending at the commencement of
this Ordinance and in relation to proceedings
instituted thereafter.
Execution by 22. (1) Subject to the provisions of this
the Crown, Ordinance," any order made in favour of the Crown
against any person in any civil proceedings to which
the Crown is a party may he enforced in the same
manner as an order made in an action between
subjects, and not otherwise.

Cap. 7. (2) Sections 4 and 5 and the Debtors Act
(which provide respectively for the abolition of
imprisonment for debt, and for saving the power
of committal in case of judgment debts) shall apply
to sums of money payable and debts due to the
Crown:
Provided that for the purpose of the application
of the saitl section 4 to any sum of money payable or
debt due to the Crown, the section shall have effect
as if there were included among the exceptions
therein mentioned default in payment of any sum
payable in respect of stamp duty under section 74
Oap. 13S. of the Stamp Act.
(3) Nothing in this section shall affect any
procedure which immediately before the commence-
ment of this Ordinance was available for enforcing
an order made in favour of the Crown in proceed-
ings brought by the Crown for the recovery of any
fine or penalty, or the forfeiture or condemnation
of any goods, or the forfeiture of any ship or any
share in a ship.
Attachment of 23. (1) Where any money is payable by the
moneys pay- Crown to some person who, under any order of any
crown. court, is liable to pay any money to any other
person, and that other person would, if the money
so payable by the Crown were money payable by a
subject, be entitled under rules of court to obtain
an order for the attachment thereof as a debt
due or accruing due, or an order for the appoint-
m.nt of a secuestrator or receiver to receive the


No. 19 of 19354.







Crown Proceedings.


money on his behalf, the Supreme Court may,
subject to the provisions of this Ordinance and in
accordance with rules of court, make an order
restraining the first-mentioned person from receiv-
ing that money and directing payment thereof to
that other person, or to the seIunestrator or receiver:

Provided that no such order shall be made in
respect of:-
(a) any wages or salary payable to any
officer of the Crown as such;

(b) any money which is subject to the
provisions of any enactment prohibiting or
restricting assignment or charging or taking in
execution; or

(c) any money payable by the Crown to
any person on account of a deposit in the
Government Savings Bank.

(2) The provisions of the preceding subsection
shall, so far as they relate to forms of relief falling
within the jurisdiction of a Magistrate's Court have
effect in relation to Magistrates' Courts as they
have effect in relation to the Supreme Court but
with the substitution of a reference to Magistrates'
Courts rules for any reference in the said sub-
section to rules of court.

PART IV.
MISCEITLLANEOUS AND SUPPLEMENTAL.

24. (1) Subject to and in accordance with discovery.
rules of court:-
(a) in any civil proceedings in the
Supreme Court or the Court of Summary
Jurisdiction to which the Crown is a party,
the Crown may be required by the court to
make discovery of documents and produce
documents for inspection; and

(b) in any such proceedings as afore-
said, the Crown may be required by the
court to answer interrogatories:


No. 19 of 1954.
1


19 AINTIGUA.







ANTIGcA. 20 0rown Proceedings.


Provided that this section shall be without
prejudice to any rule of law which authorise, or
requires the withholding of any document or the
refusal to answer any question on the gr-ound
that the disclosure of the document or the
answering of the question would be injurious to
the public interest.
Any order of the court made under the
powers cofrerred by paragraph (b) of this sub-
section shall direct by what officer of the Crown
the interrogatories are to be answered.
(2) Without prejudice to the proviso to the
preceding subsection, any rules made for the
purposes of this section shall be such as to secure
that the existence of a document will not be
disclosed if, in the opinion of the Governor, it
would be injurious to the public interest to dis-
close the existence thereof.
Execution of 25. (1) Nothing in this Ordinance shall
pro"eeing" authorise proceedings in rem in respect of any
the Crown. claim against the Crown, or the arrest,
detention or sale of any of Her Ma)esiy's ships
or aircraft, or of any cargo or other property
belonging to the Crown, or give to any person
any lien on any such ship, aircraft, cargo or
other property.
(2) Where proceedings in rem have been
instituted in the Supreme Court, the Court of
Summmaniry Jurisdiction or in a Magistrat.e's Court
against any such ship, aircraft, cargo or other
property, the court may, if satisfied, either on an
application by the plaintiff for an order under
this subsection or an application by the Crown
to set aside the proceedings, that the proceedings
were so instituted by the plaintiff in the
reasonable belief that the ship, aircraft, cargo or
other property did not belong to the Crown, order
that the proceedings shall be treated as if they
were in pe'ri),on, duly instituted against the
Crown in accordance with the provisions of this
Ordinance, or duly instituted against any other
person whom the court regards as the proper
person to be sued in the circumstances, e id tlat
the proceedings shall continue accordingly


No. 1-9 ()f 195,4.








Crown Proceedings.


(3) Any sucb order may be made upon such
terms, if any, as the court thinks just; and where
the court makes any such order it may make
such consequential orders as the court thinks
expedient.

26. Nothing in this Ordinance shall pre-
judice the right of the Crown to iely upon the
law relating to the limitation of time for bring-
ing proceedings against public authorities.


27. (1) This Ordinance shall not prejudice
the right of the Crown to take advantage of the
provisions of any Federal Act or any Presidential
Act or Ordinance although not named therein,
and it is hereby declared that in anyv civil pro-
ceedings against the (rown the provisions of any
Federal Act or Presidential Act or Ordinance
which could, if the proceedings were between
subjects, be relied upon by the defendant as a
defence to the proceedings, whether in whole or
in part, or otherwise, may, subject to any express
provision to the contrary, be so relied upon by
the ("rown.

(2) Section 6 of the Debtors Act (which
eml)powers the court in certain circumstances to
order the arrest of a defendant about to quit the
Colony) shall, with any necessary modifications,
apply to civil proceedings brought by the Crown.

28. No claim by or against the Crown, and
no proceedings for the (inforcemeneit of any such
cllim, shall abate or ie affected by the demise of
the Crown.

29. (1) Any power to inakt rules of court
or M-agistrates Courts' rules shi ll include power to
make rules for the purpose of giving effect to the
provisions oft this Ordinance, and any such rules
na, v c,,iitain provisions to have effect in relation
to any proceedings hy or against the Crown in
substitution for or by waiy of addition to any of
the provisions of the rules applying to proceedings
between subjects.


Limitation ,f
actions.


Application to
the Crown of
etrtain statiu-
tory provi-
sionls.











Cap. 7.






No abatement
on demise of
Crown.


Rules of court.


No. 19 of 1954.


21 ANTIGUA.








Crown Tr ceeding;.


(2) Provisions Thill le made by rules of court
and Magistrates' Courts rules with respect to the
following matters:-
(a) for providing for service of process,
or notice thereof, in the case of proceedings
by the Crown against persons, whether British
subjects or not, who are not resident in the
Colony;

(b) for securing that where any civil
proceedings are brought against the Crown
in accordance with the provisions of this
Ordinance the pLintiff shall, before the Crown
is required to take any step in the proceedings,
provide the Crown with such information as
the Crown may reasonably require as to the
circumstances in which ii is alleged that the
liability of the Crown has arisen and as to
the department'L and officers of the Crown
concerned;
(c) for providing that in the case of
proceedings against the Crown the plaintiff
shall not enter judgment against the Crown
in default of appearance 'r pleading without
the leave of tle court to be obtained on an
application of which no ice has been given to
the Crown;
(d) for excepting proceediu's brought
against the Crown front the operation of any
rule of court providing for summary judgment
without trial;
(e) for authorising the Crown to deliver
interrogatories without leave of a court in
any proceedings for the enforcement of which
proceedings by way of English information
might hava.been taken if this Ordinance had
not been passed, so, however, that the Crown
shall noi bh entitled t deliver any third ir
subsequent int terrogaitories without the leave
of the court;

(t) for enabling evidence to be taken
on coinimission in proceedings by or against
the Crown;


No. 19 of 195i4.


ANTrrGUA. 22







No. 19 of 1954. Crown Pruceedings. 23 ANTIGUA.

(g) for providing:-
(i) that a person shall not be entitled
to avail himselff of any set-off or
counterclaim in any proceedings by
the Crown for the recovery of taxes,
duties or penalties, or to avail him-
self in proceedings of any other
nature by the Crown of any set-off
or counterclaim arising out of a
right or claim to repayment in
respect of any taxes, duties or
penalties;

(ii) that a person shall not be entitled
without the leave of the court to avail
himself of any set-off or counter-
claim in any proceedings by the
Crown if either the subject matter
of the set-off or counterclaim does
not relate to a Government depart-
ment connected with the proceedings
or the proceedings are brought in
the name of the Crown Attorney;

(iii) that the Crown when sued, and its
alleged liability has arisen through
the acts of a government department,
shall not without the leave of the
court be entitled to avail itself of
any set-off or counterclaim if the
subject matter thereof does not
relate to that department;

(iv) that the Crown when sued otherwise
than as is mentioned in paragraph
(iii) shall not avail itself of any
set-off or counterclaim without the
leave of the court.
80. Save as otherwise expressly provided, Pending
the provisions of this Ordinance shall not affect proceeadi'.
proceedings instituted under the Crown Suits Act Cap. r.
before the commencement of this Ordinance; and
for the purposes of this section such proceedings
being claims against the Government of the
Presidency and of the same nature as claims which







ANTIGUA. 24 Crown Proceedings. No. 19 of 1954.
could have been preferred against the Crown in
23 & 24 Vict. England under the Petitions of Right Act, 1860,
c. 4. shall be deemed to have been so instituted if
a statement of claim with respect to the matter in
question is filed with the Registrar of the Supreme
Court for transmission to the Colonial Secretary
before the commencement of this Ordinance.

Financial pro- 31. (1) Any expenditure incu'rred by or
visions, on behalf of the Crown in right of Hr Majesty's
Government in the Presidency by reason ot the
passing of this Ordinance shall be defraved out of
moneys to be provided by the Legislative Council
of the Presidency.

(2) Any sums payable to ihe Crown in right
of Her Majesty's Government in the Presidency
by reason of the passing of this Ordinance shall
be paid into the Treasury of the Presidency to
the credit of the general revenue.

savings. 32. (1) Nothing in this Ordinance shall
apply to proceedings by or against, or authorise
proceedings in tort to be brought against, Her
Majesty in Her private capacity.
(2) Except as therein otherwise expressly
provided, nothing in this Ordinance shall--

(a) affect the law relating to prize salvage,
or apply to proceedings in causes or matters
within the jurisdiction of the Supreme
Court as a prize court or to any criminal
proceedings; or
(b) authorise proceedings to be taken
against the Crown under or in accordance
with this Ordinance in respect of an alleged
liability of the Crown arising otherwise than
in respect of Her Majesty's Government in
the Presidency; or affect proceedings against
the. Crown in respect of any such alleged
liability as aforesaid; or
(c) affect any proceedings by the Crown
otherwise than in right of Her Majesty's
Government in the Presidency; or








CroI' n Proceedings.


(d) subject the Crown to any greater
liabilities in respect of the acts or omissions
of any independent contractor employed by
the C(rown than those fo which the Crown
would be subject in respect of such acts or
omissions if it were a private person; or
(e) affect any rules of evidence or any
presumption relating to th, extent to which
the Crown is bound by any Federal Act or
Presidential Act or Ordinance; or
( f) affect any right of the Crown to
demand a trial at bar or to control or other.
wise intervene in proceedings affecting its
rights, property or profits,
and without prejudice to the general effect of tht-:
foreoin g prlWovisions, i'i'r, III of tlis Ordinance
shall not apply to the Cronv except in right of
Her Maije.sy's ;vernC l n11 in thei Preo denciiy.
(3) A certificate ,o,' the c ioveror:-
(a) to th, effect tht :!n v :1.ny lged lialbilit.v
of the C rown arilse. otherwise than ill
respect of Her Majesty's Government in the
Presidency;
(b) to the effect that any proceedinP.-
by the Crown are proceedings otherwise tha.
in right of Her Majesty's Government in the
Presidency.
shall, for the purposes of this Ordinance, he
conclusive as to the iimatter.- so certified.
(4) Where any property vest, in the Crown
by virtue of any rule of Ihi w which operates
independently of the ncts or the intentions of the
(:rown, the Crown shall north iv virtue of this
Orldinan e' e sIbject to an, li abilities in tort by
reason only of the property being so vested: hut
the provisions of this subsection shall he without
prejudice to the liabilities of the Crown under
this Ordinance in respect of any period after the
Crown or anv person actiniL, fo4 the (rown has
in fact ,!kein iosslession .,r control of any such
property, or entered into occupation ti'ereof.


N o. 19 of 1954.


25 ANTIGUA.








AnTI .Vk. 26 C'r,:,l ProceedinUs. No. 19 of 19' L.

(5) This Ordintiaue s all not operate to limit
the discretion of the court to grant relief by way
of niandamus in cpses in which such relief might
have been granted before the commencement of
this Ordinance, notwithstanding that by reason of
the provisions of this Ordinance some other and
further remedy is available.
Commence- 33. This Ordinance shall come into opera-
went. tion on a dny to be appointed by the Governor by
proclamation published in the Gazette.

A.LEC LOVELACE,
President.

Passed the Legislative Council this 17th day
of December, 1954.

J. L. ROBINSON,
Clerk of the Council.

























ANTIGUA
Printed at the Government Printini Office, Leeward Islauds.
by E. M. BLACoKMAN. Government Printer.--By Authority.
1935.


Price 28 cents.


500-3.55.











LEEWARD ISLANDS.
GENERAL GOVERNMENT.

STATUTORY RULES AND ORDERS.
1955, No. 13.

DEFENCE FINANCE

The Exportation of Foreign Currency (Exemption) Order, 1955,
dated the 10th day of March, 1955, made by the Governor under
regulation 8 of the Defence (Finance) Regulations, 1942 which
have effect by virtue of the Supplies and Services (Transitional
Powers) Act, 1945 (Imperial) the Supplies and Services (Transi-
tional Powers) (Colonies etc.) Order in Council, 1946 (Imperial)
the Supplies and Services (Transitional Powers) Order, 1946
(S.R. & 0. 1946 No. 5), the Supplies and Services (Continuance)
Order, 1954 (Imperial) and all other powers thereunto him
enabling.


1. SHORT TITLE. This Order may be cited as the Exportation
of Foreign Currency (Exemption) order 1955.
2. EXEMPTION. (1) Non-resident travellers shall he exempted
from the provisions of paragraph (1) of regulation 8 of the Defence
(Finance) Regulations 1942 in regard to the taking out of any
Presidency of the Colony of foreign currency:
Provided that this exemption shall apply only to such foreign
currency as may have been brought into any Presidency by such
persons or such part thereof as may not have been spent by them
,hdring their stay in the Colony.
(2) For the purposes of this paragraph the expression non-
resident traveller" shall include passengers on any ship or aircraft
intransit to some other place beyond the Colony, persons who are not
ordinarily resident or domiciled in the Colony and such other persons
as the Governor may from time to time declare to be non-resident
travellers for the purposes of this Order.
Dated this 10th day of March, 1955.
K. W. BLACKBURNE,
governorr.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLAOKMAN, Government Printer.-By Authority.
1955.


0.3~1/00007-480--3.55.


[Price 3 cents.]




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