• TABLE OF CONTENTS
HIDE
 Main
 Antigua - Bill: Prison Ordinance,...
 Antigua - Bill: Harbour Launches...
 Antigua - Statutory Rules and Orders,...














Title: Leeward Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00252
 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: VID00252
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 65
        Page 66
    Antigua - Bill: Prison Ordinance, 1955
        Page A 1
        Page A 2
        Page A 3
        Page A 4
        Page A 5
        Page A 6
        Page A 7
        Page A 8
        Page A 9
        Page A 10
        Page A 11
        Page A 12
    Antigua - Bill: Harbour Launches (Amendment) Ordinance, 1955
        Page B 1
        Page B 2
    Antigua - Statutory Rules and Orders, No. 5 of 1955: Villa Area (Town Extension) Scheme
        Page C 1
        Page C 2
        Page C 3
        Page C 4
        Page C 5
        Page C 6
        Page C 7
Full Text








SEWARD ISLANDS


/GAZETTE.

lblbthb by uttbority.


VOL. LXXXIII.


THURSDAY, 14TH APRIL, 1955.


Notices.

BY THE GOVERNOR OF THE
LEEWARD ISLANDS.

A PROCLAMATION.
ALEC LOVELACE,
Administrator.

WHEREAS under section 3 of the
Cotton Protection Ordinance 1922
(No. 7 of 1922), as amended by the
Cotton Protection Amendment Ordi-
nance, 1926 (No. 5 of 1926), it is
provided that the Governor in Coun-
cil may from time to time by Procla-
mation published in the Gazette
declare any period of each year to be
a close season for cotton and for such
other plants as may be specified in
any such Proclamation either for the
whole Presidency or for such area or
areas thereof as may be specified in
such Proclamation:
NOW THEREFORE 1, ALEC
LOVELACE, a member of the Most
Excellent Order of the British Empire,
Administrator of the Presidency of
Antigua, with the advice of the
Executive Council of the Presidency
of Antigua, do by this my Proclama-
tion declare that the period from the
seventh day of May, 1955 to the
fifteenth day of August 1955, inclu-
sive, shall be a close season within
the meaning of the said Ordinance for
the whole of the Presidency of Anti-
gua, excepting that area of land situ-
ate at Friars Hill under the control
of the Central Cotton Station.
'AND I do hereby order all occu-
piers of land, in pursuance of the
said Ordinance, completely to uproot
and burn all cotton and okra plants
and all or any portion of the same
growing or remaining on any such
land occupied by them before the
first day of the said close season.
AND I do further declare that any
person who sows or plants or causes
to be sown or planted any cotton or
okra in any part of the said Presi-
dency during the said close season
shall b' guilty of an offence under
the said Ordinance.
GIVEN at the Administrator's Ofice,
Antigua, this 9th day of April,
1955, in the fourth year of Her
Majesty's reign.
GOD SAVE THE QUEEN!



p. 7if 7

L4P7 ~c?/


It is notified for general informa-
tion that His Excellency the Gover-
nor has issued a Commission to the
Hon. P. D. MACDONALD, C.M.G.,
appointing him to be Governor's
Deputy during His Excellency's
absence from Antigua, whilst on leave
in Barbados from the 13fh to the
20th April, 1955.
The Secretariat,
Antigua.
12th April, 1955.
Ref. No. 13/00283.


It is hereby notified for general
information that Mr. Justice W. A.
DATE, Puisne Judge, has been ap-
pointed to act as Chief Justice of the
Supreme Court of the Windward
Islands and Leeward Islands with
effect from the 26th April, 1955,
during the absence of the Honourable
the Chief Justice on vacation leave in
the United Kingdom.

The Secretariat,
Antiyua.
12th April, 1955.
Ref. No. 13/00111.


It is hereby notified for general
information that His Excellency the
Governor has been pleased to appoint
the Hon. S. T. CHRISTIAN, O.B.E.,
to act as Puisne Judge of the Supreme
Court of the Windward Islands and
Leeward Islands, with effect from the
26th April, 1955, on the departure of
the Honourable Chief Justice on
vacation leave and the appointment of
the Hon. W. A. DATE, Puisne Judge,
to act as Chief Justice.

The Secretariat,
Antigua.
12th April, 1955.
Ref. No. 13/00111.



No. 36.
Appointments and transfers etc.,
in the public service, with effect from
the dates stated, are published for
general information:-
NoRRIS, R., Assistant Colonial Secre-
tary (Establishment). appointed to
act as Colonial Secretary from the
20th to the 23rd April, 1955, inclu-
sive, during the absence from the
Colony of the Colonial Secretary.


No. 37.
The following Bills which are to be
introduced in the Legislative Council
of Antigua, are circulated with this
Gazette and form part thereof:-
"The Prison Ordinance, 1955."
The Harbour Launches (Amend-
ment) Ordinance, 1955."
No. 38.
The following Statutory Rule and
Order is circulated with this Gazette
and forms part thereof:-
Antigua.
No. 5 of 1955, "The Villa Area
(Town Extension) Scheme "
7 pp. i rice 9 cents

General (Open) Import Licence.
No 1 of 1955.

1. General (Open) Import Licence
No. 2 of 1954 dated the 9th March,
1954, is hereby amended as follows:-
By the deletion of the words
"Lumber and wood products
excluding furniture" fromi the
schedule thereto.
2. General (Open) Import Licence
No. 1 of 1954 dated the 9th March.
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
products ".

Dated this 24th day day of March,
1955.
By Order of the Governor,
R. R. O'GARRA,
Supply Officer.

Nationalized or expropriated
British property or interests
in property in Roumania and
Bulgaria.
Notice is hereby given that pur-
suant to Orders made on the 17th
March, 1955, amending the Principal
Order relating to Roumania and Bul-
garia, the Foreign Compensation
Commission shall not receive any
claim in respect of these two coun-
tries which has not reached the
Commission on or before 30th April,
1955.
O. M. BROWNE,
Custodian of Enemy Property.
Ref. No. A.C. 77/12.


No. 17.


I~








THE LEEWARD ISLANDS GAZETTE.


[14 April, 1955.


TRADE MARKS OFFICE,
ANTIGUA, 28th March, 1955.
PHILLIP MORRIS & CO, LTD.,
INCORPORATED, of 100 Park
Avenue, New York, State of New
York, United States of America, have
applied for Registration of one Trade
Mark consisting of the following:-

MARLBORO

in Class 45 that is to say: Cigarettes.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for more


than 71 years before the date of
their said Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at ths Trade
Marks Office, Antigua, of opposition to
registration of the said Trade Mark.


RAINFALL FIGURES.

Central Experiment Station,
Antigua.


1951. 1952. 1953. 1954. 1966.


Jaln.
Feb.
Mar.
Apr. 9th


O. M. BROWNE,

Registrar of Trade Marks.


3.60 3.10 2.55
1.88 1.60 1.02
1.09 1.62 5.60
.11 .49 -


3.44 2.16
2.45 .68
1.08 .88
.19 .93


6.68 6.81 9.17 7.16 4.00


ANTIGUA.
Printed at the|Government Printing Office, Leeward Islands, by:E. B1 BLACKMAN,
Government Printer.-By Authority,
1955,


[Price 13 cents]





No. of 1955.


A NTIGUA.

No. of 1955.

An Ordinance to provide for the establishment,
management, supervision and control of Pris-
ons in the Presidency.

ENACTED by the Legislature of Antigua as
as follows:-

1. This Ordinance may be cited as the Prison Short title
and Corn-
Ordinance, 1955, and shall come into operation on MenceOent.
a date to be fixed by the Governor by Proclamation
published in the Gazette.

2. In this Ordinauce unless the context Interpreta-
requires- tion.
"prisoner" means any person lawfully sen-
tenced or ordered to be imprisoned or
detained in prison;
"prison means gaol, and includes the airing
ground or other ground or buildings
occupied by prison officers and contiguous
thereto and any other place which the
Governor shall by proclamation published
in the Gazette declare to he a prison.


Prison.


ANTIGUA.








PROVISION, MAINTENANCE AND
CLOSING OF PRISONS.
Presidency 3. There shall be provildel and maintained
ad 'aioain at the expense of the Presidency, adequate accom-
prison. modation for its prisoners in a prison:
Provided however that the buildings and
premises in the Presidency now used as a prison
shall continue to be used as the prison for the
Presidency.
Power to alter 4. The Governor may with the approval of
ildSns and the Legislative Council alter, enlarge or rebuild any
onus. prison in the Presidency or may, if necessary, build
new prisons in lieu of or in addition to any existing
prisons.
Closing of 5. (1) The Governor may at any time by
prisons. proclamation declare any prison in the Presidency
to be closed; and every prison which the Governor
shall so declare to be closed shall, as from the date
of the proclamation, cease to be u.ced as a prison
accordingly.

(2) Persons committed to any prison closed
under this section shall, upon thle closing of such
p ison, be deemed to be committedl to the prison
nearest thereto, or to such other prison as the
Governor may appoint or determine.
VISITING COMMITTEE.
Visiting 6. (1) Ilules made under section 27 of this
committee. Ordinance shall provide for the constitution by the
Governor of a visiting committee of a prison
consisting of Justices of the Peace of the Presidency
appointed at such times, in such manner and for
such periods as may be prescribed by the Rules.

(2) Rules made as aforesaid shall prescribe the
functions of the visiting committee and shall among
other things require members to pay frequent visits
to a prison and hear any complaints which may be
made by the prisoners, to consider periodically the
the character, conduct and prospects of each pris-
)onel anld report to the Go(vernor any matter which
they consider it expedient to report; and any


ANTIGUA. 2


Pri:,nl.


No. of 1955.






SNo. of 1955. Prison.


member of the visiting committee may at any time
enter the prison and shall have free access to every
part of it and to every prisoner.
PRISON OFFICERS.
7. (1) The Governor shall appoint an officer Prison
with such title as he may approve who shall be in offi.ers.
charge of the prison in the Presidency and shall
superintend and manage the same.
(2) In addition to the officer appointed under
subsection (1) of this section the Governor shall
appoint such other officers including an honorary
chaplain, as may be necessary, for the efficient
management of the prison.
(3) The duties of the officers appointed by
virtue of subsections (1) and (2) of this section
shall be such a.- may be prescribed by Rules made
under section 27 of this Ordinance.
8. Every male prison officer while acting as Powers of
such shall have all the powers, authority, protection prison
and privileges of a constable. ors
CONFINEMENT AND TREATMENT OF PRISONERS.
9. (1) A prisoner, whether sentenced to Place of co-
imprisonment :;r committed to prison on remand or filement of
pending trial or otherwise, may be lawfully confined
in any prison.
(2) Prisoners shall be committed to such pris-
ons as the Governor may from time to time direct;
and may by direction of the Governor be removed
during the term of their imprisonment from the
prison in which they are confined to any other
prison in the Presidency.
(3) A writ, warrant or other legal instrument
addressed to the officer in charge of a prison and
identifying that prison by its situation or by any
other sufficient description shall not be invalidated
by reason only that the prison is usually known by
a different description.
10. (1) Every prisoner shall be deemed to Legalcustody
be in the legal custody of the officer in charge of the of 'riR"".
prison.


3 ANTIGUA.








(2) A prisoner shall be deemed to be in legal
custody while he is confined in, or is being taken to
or from, any prison and while he is working, or is
for any other reason, outside the prison in the
custody or under the control of an officer of the
prison.
Corporal 11. (1) Except as provided by this section,
punishment corporal punishment shall not be inflicted in any
in prisons. r Pu
prison.
(2) Rules made under section 27 of this
Ordinance may authorise the infliction of corporal
punishment for mutiny, incitement to mutiny, or
gross personal violence to an officer of a prison
when committed by a male prisoner.

(3) The rules shall not authorise the infliction
of corporal punishment except by order of the
visiting committee made at a meeting at which not
less than three members arc present; and no such
,rder shall be made except after an inquiry in which
the evidence is given on oath:
Provided that the Gvernor may, if he thinks
fit in any particular case, direct that the functions
exercisable as aforesaid by the visiting committee
shall be exercised by a magistrate appointed by him
in that behalf.
(4) The punishment which may be inflicted
under such an order as aforesaid shall not exceed-

(a) in the c'nse of a person appearing to
the visiting committee or magistrate to be not
less than twenty-one ye:lrs of age, eighteen
strokes of a cat-o'-iine-tails or tamarind rod; or
(b) in the case of a person appearing to
them or him to be under that age, twelve
strokes of a tamarind rod,
and if corporal punishment is inflicted, no further
punishment by way of confinement in cells or
restricted diet shall be imposed.
(5) Where an order for the infliction of
corporal punishment has been made under this
section, a copy of the notes of the evidence given


No. of 1955.


ANTIGUA. 4


Prison.






SNo. of 1955.


at the inquiry, copy of the order and a statement
of the grounds on which it was made shall forth-
with be given to the Governor; and the order shall
be carried into effect only after confirmation by
the Governor and, if the Governor confirms the
order with modifications, in accordance with the
modifications.
(6) A refusal by the Governor to confirm such
an order as aforesaid shall not prejudice any power
to impose another punishment for the offence for
which the order was made.

12. The officer in clhrge of every prison in Duty of
which persons committed for trial before a Circuit officer in
charge to
Court are confined shall deliver to that Court a deliver
calendar of those persons. calendar of
prisoners.
13. (1) Rules made under section 27 of this Removal of
Ordinance may provide in what manner an appellant "risners for
within the meaning of the Windward Islands and other pur-
Leeward Islands Court of Appeal Rules, 1940, loes
when in custody, is to be taken to, kept in Custody 1940 No. 22
at, and brought back from, any place at which he is (o enteal
entitled to be present, for the purposes of those rules,
or any place to which the Court of Appeal for the
Windward Islands and Leeward Islands or any
judge thereof may order him to be taken for the
purpose of any proceedings of that Court.
(2) The Governor may-
(a) if he is satisfied that the attendance
at any place in the Presidency of a person
detained in a prison in the Presidency is
desirable in the interests of justice or for the
purposes of any public inquiry, direct him to
be taken to that place;

(b) if. he is satisfied that a person so
detained requires mcdiral or surgical treatment
of any description, direct him to be taken to a
hospital or other suitable place for the purpose
of the treatment,
and where any person is directed under this sub-
section to be taken to any place he shall, unless the
Governor otherwise directs, be kept in custody


Prison.


5 ANTIGUA.






No. of 1955.


while being so taken, while .:t that place, und while
being taken hack to hlie prison in which he is
required in accordance with law to be detained.
(3) It shall be lawful for any magistrate, in
any case where he may see fit to do so, upon
application to issue a warrant or order under his
hand for any prisoner to be taken from the
prison to his Court for the purpose of answering
any charge that may be preferred against him.
Removal of 14. The Governor may by writing under
prisoners
from prison his hand order any prisoner in the Presidency to
in one Presi- be removed to a prison in another Presidency
pino t there to undergo the period of his imprisonment
in another or detention:
Presidency,
Provided however that no order shall be
made under this section unless the consent of
the Government of the Presidency to which the
prisoner is to be removed has been first obtained.
Calculation 15 (1) In any sentence of imprisonment
of term of
sentence, the word month shall, unless the contrary is
is expressed, be construed as meaning calendar
month.
(2) A prisoner who but for this subsection
would be discharged on a Sunday, Christmas Day
or Good Friday, shall be discharged on the day
next preceding.
Remission 16. (1) Rules made under section 27 of
conduct and this Ordinance may make provision whereby, in
award of such circumstances as may be prescribed by the
gratuities. .
grtitie rules, a person serving a sentence of imprison-
ment for such a term as may be so prescribed
may be granted remission of such part of that
sentence as may be so prescribed on the ground
of his industry and good conduct, and on the
discharge of a person From prison in pursuance
of any such remission as aforesaid his sentence
shall expire.
(2) Rules made as aforesaid may also
provide for the award of gratuities on their
discharge to prisoners who have been sentenced
to imprisonment with hard labour for a term of
or exceeding twelve months.


A4NTIGUAl. 6


Prison.







*No. of 1955.


17. (1) If the Governor is satisfied that by Power of
Governor to
reason of the condition of a prisoner's health it is dischargeto
undesirable to detain him in prison, but that, prisoners
such condition of health being due in whole temporarily
or in part to the prisoner's own conduct in of ill health.
prison, it is desirable that his release should be
temporary and conditional only, the Governor
may, if he thinks fit having regard to all the
circumstances of the case, by Order authorise the
temporary discharge of the prisoner for such
period and subject to such conditions as may be
stated in the. order.
(2) Where an order of temporary discharge
is made in the case of a prisoner not under sentence,
the orderr shall contain conditions requiring the
attendance of the prisoner at any further proceed-
ings on his case at whicn his presence may be
required.
(3) Any prisoner discharged under this section
shall comply with any conditions stated in the
order of temporary discharge, and shall return to
prison at the expiration of the period stated in the
order, or of such extended period as may be fixed
by any subsequent order of the Governor, and if the
prisoner fails so to comply or return, he may be
arrested without warrant and taken back to prison.
(4) Where a prisoner under sentence is dis-
charged in pursuance of an order of temporary
discharge, the currency of the sentence shall be
suspended from the day on which he is discharged
from prison under the order to the day on which
he is received back into prison, so that the former
day shall be reckoned and the latter shall not be
reckoned as part of the sentence.
(5) Nothing in this section shall affect the
duties of the medical officer of a prison in respect
of a prisoner whom the Governor does not think fit
to discharge under this section.
OFFENCES.
18. Every prisoner who- Escape,
attempt to
escape, and
(a) escapes or t:ttemipts to escape from prison breach.
any prison wherein he is lawfully confined; or


Prison.


7 ANTIGUA.






No. of 1955.


(b) escapes or attempts to escape during
the time of his conveyance to or from a prison,
or whilst on his way to or from any road or
public work, or during the time of his
employment therein; or
(c) forcibly breaks out of any cell or
other place in which he is lawfully confined or
makes any breach therin with intent to escape,

shall be guilty of an offence against this Ordinance
and on conviction thereof on indictment be liable
to imprisonment for a period not exceeding two
years.

Rescue, or 19. Every person who rescues, or attempts
rescue, of to rescue any person who has been convicted, or
prisoner., who is in custody, on a charge of felony, shall be
guilty of felony and shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding three years; and every person who rescues,
or attempts to rescue, any person who has been
convicted, or who is in custody, on a criminal
charge other than felony, shall he guilty of a mis-
demeanour, and shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding eighteen months; and all persons aiding,
assisting or abetting the commission of any such
offence as aforesaid shall Ie liable to be prosecuted
and punished in the same manner as principals.

Wilfully 20. Every person having the custody of a
permitting prisoner, who shall knowinglv a)(n wil'flly allow
prisoner to
escape. him to escape, shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding two years.

Negligently 21. Fyery person having the custody of a
permitting prisoner, who, through negligence or carelessness,
prisoner to
escape, allows any such prisoner to escape, shall be liable
to fine or imprisonment, or both, at the discretion
of the Court.

Assaulting 22. Any person who assaults or resists any
or resisting prison officer in the execution of his duty, or aids
prison
officers or excites any person so to assault or resist anl
such officer shall be liable on sunnnary conviction
to a penalty not exceeding one hundred dollars,


ANTIGUA. 8


Prison.







9 ANTIGUA.


or to imprisonment, with or without hard labour,
for any term not exceeding two months; or, if the
offender be a prisoner, he shall be liable, on
conviction on indictment, to be imprisoned, with
or without hard labour, for any term not exceeding
one year;

Provided however that no prisoner shall be
liable both to punishment under this section and
section 11 of this Ordinance for an assault against
a prison officer.

23. Any person who aids any prisoner in Assisting
escaping or attempting to escape from a prison or prisoner to
who, with intent to facilitate the escape of any escape.
prisoner, conveys any thing into a prison or to a
prisoner or places any thing anywhere outside a
prison with a view to its coming into the posses-
sion of a prisoner, shall be guilty of felony and
liable to imprisonment for a term not exceeding
two years.

24. Any person who contrary to the rules unlawful
of a prison brings or attempts to bring into the conveyance
of spirits or
prison or to a prisoner any spirituous or IfIerlented tobacco into
liquor or tobacco, or places any such liquor or any prison etc.
tobacco anywhere outside the prison with intent
that it shall come into the possession of a prisoner,
and any officer who contrary to those rule, allows
any such liquor or any tobacco to be sold or used
in the prison, shall be liable on summary convic-
tion to imprisonment for a term not exceeding six
months or a fine not exceeding one hundred
dollars.

25. Any person who contrary to the rules Unlawful
of a prison conveys or attempts to convey any let- introduction
of other
ter or any other thing into or out of the prison or articles.
to a prisoner or places it anywhere outside the
prison with intent that it shall come into the pos-
session of a prisoner shall, where he is not thereby
guilty of an offence under either section 23 or
section 24 of this Ordinance be liable on summary
conviction to a fine not exceeding fifty dollars.


Prison.


of 1955.






No. of 1555.


Display of 26. The officer in charge of every prison
peutieos. shall cause to be affixed in a conspicuous place out-
side such prison a notice of the penalties to which
persons committing offences under sections 23, 24
and 25 of this Ordinance are liable.

RULES.

power to 27. (1) Subject to the provisions of the
make Rule. West Indian Prisons Act, 1838, the Governor in
I & 2 Vict.
c. 67 Council may make rules for the regulation and
(Imperial) management of prisons and for the classification,
treatment, employment, discipline and control of
persons detained therein.

1 & 2 Vict. 28. (1) Subject to the provisions of the
c. 67 West Indian Prisons Act 1838, the Governor-in-
Council may make rules for the regulation and
management of prisons, the conduct, discipline
and duties of the officers employed therein, and the
classification, treatment, employment, discipline
and control of prisoners.

(2) Rules made under this section shall make
provision for ensuring that a person who is charged
with any offence under the rules shall be given a
proper opportunity of presenting his case.


President.
Passed the Legislative Council this day
of 1955.


Clerk of the Council.


OBJECTS AND REASONS.


The object of this Bill is to give effect to the
cal:nge of policy whereby the administration,
manilagement and discipline of prisons will be dealt
with on a Presidential rather than on Federal basis.


Prison.


ANTIGUA. ]10







No. of 1955.


2. The retention of the power in clause 14
to remove prisoners from one Presidency to
another with the consent of the receiving Presiden-
cy is considered necessary in the interest of the
smaller Presidencies.

3. The Bill is based partly on the United
Kingdom Prison Act, 1952 and partly on the
Prisons Act (Cap. 85) of the Colony from which
several clauses have been taken.

4. A Comparative Table is attached.

P. CECIL LEWIS,
Attorney General.

16th July, 1954.

COMPARATIVE TABLE.

SOURCES OF LEGISLATION:

United Kingdom Prison Act 1952, 15 & 16 Gee. 6 & 1
El. 2, Ch. 52.
Leeward Islands Prisons Act, Cap. 85, as amended by Acts No.
8/1945 and No. 2/1949.
Grenada Prisons Ordinance Cap. 174.

Clauses Source Comment

2 Section 2 of Cap. 174 of Grenada Definition of "prison-
Prisons Ordinance Cap. 85 as er" taken from
amended by Act No. 2/1949 Grenada Prisons Or-
dinance Cap. 174,
and definition of
"prison from
Leeward Islands Act
No. 2/1949.

3, 4 & 5 Sections 3, 4 & 7 of Cap. 85

6, 7, 8 & 9 Sections 6, 7, 8 & 9 respectively
of the United Kingdom Act. Modified.
10 Section 13 of United Kingdom
Act. Modified.
11 Section 18 of United Kingdon Act. Modified.
12 Section 20 of United Kingdom
Act. Modified.


Prison.


11 ANTIGUA.








No. of 1955.


COMPARATIVE TABLE-(Cont'd)


Olauses


Source


Comment


13





14
15

16 (1)

(2)

17

18

19
20
21
22
23


Section 22 of United Kingdom
Act.




New
Section 24 of United Kingdom
Act.
Section 25 (1) of United Kingdom
Act.
Section 2 of Prisons (Amendment)
Act No. 8/1945.
Section 28 of United Kingdom
Act.
Sections 34 and 39 of Cap. 85.

Section 35 of Cap. 85.
Section 37 of Cap. 85.
Section 38 of Cap. 85.
Section 40 of Cap. 85.
Section 39 of United Kingdom
Act.
Section 40 of United Kingdom
Act.
Section 41 of United Kingdom
Act.
Section 42 of United Kingdom
Act.
Section 47 of United Kingdom


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


Modified, Subclause
(3) corresponds to
section 25A (2) of
Cap. 85 as added by
section 5 of Act No.
8 of 1945.








Sections 34 and 39 of
Cap. 85 merged.



Proviso new.








Modified.


24

25

26

27


ANTIGUA. 12


Prison.


-4.55.


[Price 14 cents.]







No. of 1955. Harbour Launches
(Amendment)


















ANTIGUA.


No. of


1955.


An Ordinance to amend further Ihe
Launches Ordinance, 1919.

ENACTED by the Legislature of
as follows:-


Harbour


Antigua


1. This Ordinance may be cited as the
Harbour Launches (Amendment) Ordinance,
1955 and shall he read as one with the Harbour
Launches Ordinance, 1919, as amended, herein-
after called the Principal Ordinance.

2. Section 3 of the Principal Ordinance is
hereby amended b--

(a) the re-lettering of paragraph (f)
of the section as paragraph (/) thereof; and
(h) the insertion therein of the follow-
ing as paragraph ( '):-

"(f) prescribe the arrangements
to be made for the carriage of the
passengers' luggage and prohibit the
carriage of passengers' luggage in any
place not appointed therefore" .


ANTIGUA.


Short title.

3/1919.
5/1928.
7/1928.


Amendment
of section 3 of
Principal
Ordinance.






ANTIGUA. 2


Harbour Launches
(Amendment).


No. of 1955.


Insertion of
section 1A in
Principal
Ordinance.


3. The following shall be inserted in the
Principal Ordinance next after section 4 as sec-
tion 4A:-


Who may IA. Any complaint in respect of a
prosecute breach of any regulation made under this
Ordinance may be laid or made by the
Harbour Master."



President.

Passed the Legislative Council this
day of 1955.



<'lr/r of the ('Cll' i/.




OBJ CTS ANI) I A S,'ONS.


The object of this Hill is to amend the
Harbour Launches Ordinauce. 1919, to enable
regulations to Ie made by the Governor in
Council unler section 3 of the Ordinance for the
purpose of preventing overloading of Htarbour
Lifaunchles.

UN I)AL. H[1. LOCKHART,
C 'rowni AltorneI.








ANTIGUA.
Printed at the l ov-rnnimnl Printing '!r,'.. \tar d I r la i-t
by E. M. I, BL.\CKIAN. Governmnifit Priiiter --T Authority.
i; 55.


-316 -4.55.


[Prir, 4 cepltS.]










LEEWARD ISLANDS.
ANTIGUA.

STATUTORY RULES AND ORDERS.
1955, No. 5.

THE VILLA AREA (TOWN EXTENSION) SCHEME, MADE BY THE CENTRAL
AUTHORITY AND APPROVED BY THE GOVERNOR IN COUNCIL UNDER
SECTION 6 OF THE TOWN AND COUNTRY PLANNING ORDINANCE,
1948 (No. 4 OF 1948).
(Gazetted April 14, 1955).

TOWN AND COUNTRY PLANNING ORDINANCE-1948.
VILLA AREA (Town Extension) SCHEME.

1. DESIGNATION OF SCHEME.
The Scheme set out hereunder shall be designated the Villa Area
(Town Extension) Scheme.
2. AREA OF SCHEME.
The provisions of the scheme shall apply to all that area of land
comprising approximately 5(i acres delineate, I and defined on a map or
plan prepared by C. A. S. IiALLPUIKI, Licetnsd Surveyor on the I17th
day of July, 1955 which said land was formerly part of VILLA
ESTATE and is bounde(l as follow,: that is to say on the north by
lands of CADMAN, MULC(' RE and others and the public road leading
to FORT JAMES, on the east by lands of MARGETSON and
FRANKLIN, on the southeast and south by the ANTIGUA SUGAR
FACTORY Railway line leading to the Point Wharf and land belong-
ing to the City Commissioners used as a refuse dump and on the west
by the sea.
3. OBJECT OF THE SCHEME.
The object of the scheme is to develop the area as a housing estate
with a view to relieving the pressing need for housing sites by people in
the Point area where slun conditions exist and for the people of the
middle income group who find it difficult to get plots of land in devel-
oped areas.
4. DEVELOPMENT OF LAND.

Save as may be permitted by the terms of an order i.ade under the
provisions of Section 22 (1) of the Town and( Country Plainning Ordi-
nance 1948 (No. 4 of 1948) the development of land (\iilhin the mean-









ing of the sid Ordinance) shall be restricted to the area shown on the
afore said I tip or plan and bIn carried out in accordance with the
provisions of the scheme.
5. SIZE OF PLOTS.
There are 1( 7 building plots in the area-8 of approximately 21,000
sq f. ft. Cch, .11 of approximately 6,000 sq. ft. each, 91 of 5,000 sq. ft.
each and 354 of 3,000 sq. ft. each and an open plot for use as a park
and playing field of an approximate area of 5 acres.
6. ZONING: HOUSING ZONES.
The plots facing on the road to FORT JAM] S shall be regarded
as Zone A. The minimum floor space for dwelling houses in this area
shall be 1,010 sq(. This shall als, apply to the area on the north side
of the road to Fort James. Zone B shall cover and extend from main
street B t the northern side of the main street E. In this area the
minimum floor space of all dwelling houses shall be 320 sq. ft. Zone C
shall extend from the southern side of main street E and the minimum
floor of any dwelling house shall be 120 sq. ft. The height of building
from floor to plate shall not be less than 8 feet, the ventilation space
under the floor shall not be less than 24 inches and the building shall
be on concrete or stone-masonry pillars.
COMMERCIAL ZONE.
All tlihoe plots bordering the streets surrounding the park and
shown on the nmp or plan with a red line along the frontage shall be
zoned for the accommodation of commercial buildings, in which area,
stores, shops, offices, printeries, clubs, hotels, restaurants, cinemas,
places of entertainment, retail warehouses, public buildings, and minor
trades not giving rise to public nuisance (e.g. noise, smoke, noxious
odours) shall be permitted. Domestic dwellings on upper floor shall be
permitted but all other domestic dwellings shall be excluded.
PUBLIC FACILITIES.

(a) Recreation Centre. The area bounded on the north by main
street D, on the east by cross-street Eb, on the south by main street E
and on the west by cross-street G, shall be zoned for a public recreation
ground and park.
(b) Baths, Latrines (S Urinals. Plots marked V along cross-street
G shall be zoned for Public Latrines, Baths and Urinals.

7. PROHIBITED PURPOSES.

(a) No l:)!id shall he bought, sold, leased, mortgaged, exchanged
or sublet without the consent in writing of the Central Authority.









(b) The consent, f the Central Authority shall not he unreasonably
withheld, provI dll that co:iseunt shall not be granted unless the prosIpective
purchaser, less.ex, exchange or sub-lessee or his agent make a statutory
declaration that the land is required and intended for his own use or the
personal use of his principal.
(c) Tn cases where consent has been withheld to an applicant for
permission to sell, lease, or exchange, the Central Authority may with
the agreement of the prospective vendor, lessor or exchanger repurchase
the land at a reasonable sum. In the event of failure to arrive at a
reasonable sum by agreement the matter shall be referred to arbitration.
(d) No dry goods store, shop, parlour or other place where food is
sold shall -be established outside the commercial zone, without the
approval in writing of the Central Authority.
S. SUBDIVIDING.
No plot aR laid out on the said map or plan shall be subdivided.
9. MAINTENANCE OF LAND AND HOUSE IN GOOD CONDITION.
It shall b) the responsibility of the purchaser of each plot to main-
tain both land and house in good condition to the satisfaction of the
Central Authority.
10. BUILDING LINE.
In order to preserve the uniformity of the frontage the purchaser
of each plot shall observe the building line which is a distance of at least
30 ft. from the boundary line in Zone A, and in all other zones 10 ft.
from the boundary line: and in no case shall the front of any dwelling
house or any building be made to extend nearer to the said boundary
line.
11. APPROVAL OF PLANS.
No dwelling house, shop, hotel or other building shall be erected
upon any of the, plots otherwise than in accordance with plans and eleva-
tions and of ni:terials previously approved by or on behalf of the Central
Authority and no building shall be commenced upon ainy plot until the
Central Authelintv or its agents shall have given a certificate in writing
of such approve l.
12. ONE BUILDING OR PRIVATE HOUSE WITH
OUT-BUILDINGS ON EACH PLOT.
Not more than one building or dwelling house shall be erected on
each plot except the necessary and usual outbuildings, stables, garage
with living rooms over to be used in connection with any house erected
on the same plot or any hIiuse now standing ri' h ateeafter to be erc('te" on
any adjoining land; and no building shall be erected until the site and









elevation thereof and the site of any offices aind staibling thereto shall have
been approved by or on behalf of the Central Authority, and every such
building shall be of such character and description and built according to
such plans, desigi ns id el-I nations as shall have icen similarly approved
in writing before te saim:: is conmmencud, and no tciit iiuilding shall after
erection be altered without the like previous consent in writing before the
same is commenced.
13. COVERAGE OF PLOT.
No dwelling house, including out-houses of whatever character on a
building plot shall cover more than of the surface of the plot.
14. EXCAVATION.
No sand or gravel shall be dug out of any plot except in' the course
of excavating for foundation.

15. KITCHENS.
The floor of every kitchen shall be made of non-inflammable materials
aind the chimney of every such building shall ),( carried to such a height
above continuous height as may be specified by the Central Authority.
16. GARAGE.
Every garage shall be made of concrete, stone, iron or some non-
inflammable material as far as practicable.
17. LATRINE ACCOMMODATION.
Every building intended for use as a dwelling or as a shop, or as
a factory, or as a place of business shall be provided with proper latrine
accommodation of a type to he approved by the Health Authorities.

18. DRAINAGE.
Each plot shall have drains properly laid to a suitable outfall for
the effici nt (driinage of any rain or surface water from the site, and the
subsoil of the site shall be effectuallv 1 ldrinded, whe:trever the possibility
of dampness of the site renders such a precaution necess:rvy; and such
drainage shall be subject to inspection an: appl'oval of the Authority.

19. PROJECTIONS BEYOND BUILDING LINE
OR OVER PUBLIC PLACE.
No portion of the froni wall of any message or dwelling-house to
be erected on any part: of the plot Ihall p,iocc beyond the building line
indicated ii!,jn tth siid pi;tl, and no !(.o,:.'ij of or attachment, to any
building shall project beyonti the building liie indicated upon the said
plan.









20. TEMPORARY STRUCTURES.


There shall not at any time be erected or placed or suffered to be or
remain on any of the plots any temporary building or structure except
sheds, workshops or office rooms to be used for the purpose of and
in connection with the building of permanent buildings in course of
construction upon such plot.
21. AIR SPACE IN FRONT OF DWELLING HOUSE.
Every dwelling house in Zone A shall have an open space of at least
one hundred and ten feet in front thereof; in all other zones this open
space shall be at least 50 feet. The space shall be measured to the boundary
of any land or building immediately opposite to the dwelling house or to
the opposite site of any public place on which the dwelling house abuts
and the space shall extend throughout the whole frontage of such
dwelling house.
22. AIR SPACE AROUND DWELLING HOUSE.
No dwelling house shall be placed nearer than a distance of sixteen
feet to its site boundary at the rear or nearer than a distance of six feet
from the eaves or any projecting part to its site bouindctry on either side;
provided that outbuildings approved by the vendor or other competent
authority may be erected at the rear of a dwelling house.
23. NOTICE OF INTENTION TO BUILD.
(a) Every person intending to erect, remove or alter a building
shall give notice of such intention to the Central Authority.
(b) The notice shall be in duplicate upon the form prescribed by
the Central Authority and shall be accompanied by plans in duplicate
sufficient to show that the proposed building comply with the require-
ments of the Central Authority.
24. APPROVAL BY THE AUTHORITY.
The Central Authority shall within six weeks of the delivery
of such notice, signify in writing its approval or disapproval thereof.
In the case of disapproval the Authority shall give reasons for its
disapproval or specify what alterations are required.

25. NOTIFICATION OF WORK.

Any owner or his agent who intends to execute work to which this
scheme appliess,

(a) .-all notify the Contiral Authority in writing, the date on which
work will begin;










(b) shall notify the Central Authority in writing of the completion
of any work within fourteen day S after completion.
2(;. PERIOD) OF (CONSTRUCTION.
(a) Building construction shall commence within six months of
approval, failing which the approval shall be deemed to have lapsed.
Construction shall be completed within one year of thin dati of
commencement.
The Central Authority may in its discretion grant an extension of
the above mentioned period.
(b) In the case of default the Central Authority may re-purchase
the lot at the price for which it was sold by the Central Authority and
may purchase for a reasonable sum that part of the building which had
been erected up to the time of expiry of the agreed period. [n the event
of failure to arrive at a reasonable sum by agreement the matter shall be
referred to arbitration,
27. INSPECTION.
(a) The Central Authority shall within twenty one days after receipt
of a notice of completion as provided for in clause 25 section (b), inspect
the work covered by such notice.
(b) The Central Authority or any duly authorized officer reserves the
right to enter any part of the scheme whether sold, leased, rented or
exchanged for purpose of such inspection;
(c) Every person who executes work in any part or section of
the scheme shall afford members of the Central Authority or its duly
authorised employees free access to the work for the purpose of inspection
at all reasonable times during the execution of the work.
29. DEFAULT.

(a) The owner or his agent who executes work to w',::: this scheme
applies :nd wh, receives from the Central Authority notice in writing,
during the progress of the work or within six weeks matter receipt by the
Central Authority of a notice of completion as provided for in clause 25
section (b) specifying any inmtters in respect of which the erection or
execution may be in contravention of the scheme and requiring such
person, within a time specified, to cause anything done contrary to the
provisions of the scheme to be amended or to do anything which by any
such provision may be requiredd to be done hut which has been omitted to
be done, shall within the imin specified, comply with the several require-
ments and shall deliver t the Authority ; notice in writing of the com.
pletion of such work within fourteen days of the completion.









(b) In the case of non-compliance with the requirements of the
aforesaid notice, it shall be lawful for the Authority in accordance with
the provisions of section 20 of the Town and Country Planning Ordi-
nance of 1948 to execute the works required and recover the cost from
the owner as a civil debt.

30. RIGHT OF APPEAL.
Any person aggrieved by the agreement or refusal of the Authority
to signify its approval under clause 24 or to grant its consent under
clause 6 shall have a right of appeal in terms mutatis mutandis of section
14 of the Town and Country Planning Ordinance, 1948.

Made by the Central Housing and Planning Authority this 13th day
of December, 1954.

R. A PIPER,
Secretary and Executive Officer
Central Authority.


NOVELLE H. RICHARDS,
Chairman Central Authority.

Approved by the Governor in Council this 21st day of December,
1954.

J. L. ROBINSON,
Clerk of the Council.














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


480--4.55.


[Priece 9 eents.]




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

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