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Title: Leeward Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00258
 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: VID00258
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
        Main 1
        Page 79
        Page 80
        Page 81
    Antigua - Bill: Petroleum (Amendment) Ordinance, 1955
        Page A 1
        Page A 2
    Virgin Islands - Ordinance, No. 4 of 1955: Crown Proceedings Ordinance, 1955
        Page B 1
        Page B 2
        Page B 3
        Page B 4
        Page B 5
        Page B 6
        Page B 7
        Page B 8
        Page B 9
        Page B 10
        Page B 11
        Page B 12
        Page B 13
        Page B 14
        Page B 15
        Page B 16
        Page B 17
        Page B 18
        Page B 19
        Page B 20
        Page B 21
        Page B 22
        Page B 23
        Page B 24
    General Government - Statutory Rules and Orders, No. 20 of 1955: Pensions (Amendment) Regulations, 1955
        Page C 1
        Page C 2
    General Government - Statutory Rules and Orders, No. 21 of 1955: Importation and the Exportation of Notes (Exemption) (Amendment) Order, 1955
        Page D 1
        Page D 2
    General Government - Statutory Rules and Orders, No. 22 of 1955: Air Navigation (Conduct at Airports) (Revocation) Regulations, 1955
        Page E 1
Full Text









LEEWARD ISLANDS


GAZETTE.


Iublibeb by Rutbority.


THURSDAY, 26TH MAY, 1955.


No. 23.


Notices.

BY THE COMMISSIONER OF
MONTSERRAT.

A PROCLAMATION.
CHA RLESWORTH ROSS,
Commissioner.
WHEREAS by section 30 of the
Defence Force Ordinance, 1954 (No.
8 of 1954) it is provided that the said
Ordinance shall come into operation
on a date to be appointed by the
Governor by proclamation published
in the Gazette.
NOW. THEREFORE, I, CHARLES-
WORTH ROSS, Commissioner of the
Presidency of Montserrat, do by this
my proclamation declare that the said
Ordinance shall come into operation
on the 1st day of June, 1955.
AND all Her Majesty's officers and
loving subjects in the Presidency of
Montserrat and all others whom it
may concern are hereby required to
take due notice hereof and to give
their ready obedience accordingly.
GIVEN at the Commissioner's Ofice,
Montserrat, this 9th day of
May, 1955, and in the fourth
year of Her Majesty's reign.
GOD SAVE THE QUEEN!

CONFIRMATION OF ORDINANCES.
No. 53.
The Secretary of State for the
Colonies has notified the Governor
that the power of disallowance will
not be exercised in respect of the un-
dermentioned Acts and Ordinances:-
ACTS.
Leeward Islands.
No. 3 of 1955, "The Workmen's
Compensation (Repeal) Act, 1955 ".
No. 15 of 1955, "The Supplemen-
tary Appropriation (1953) Act, 1955."
ORDINANCES.
Antigua.
No. 23 of 1954. "The Crown
Agents (Change of Title) Ordinance,
1954 ".
St. Kitts-Nevis-Anguilla.
No. 18 of 1954, The Building Lots
(Provision of /Amenities) (Amend-
ment) Ordinan e, 1954."


No. 1 of 1955, "The Nevis Cotton
Marketing Ordinance, 1955 ".
No. 3 of 1955, "The Appropriation
Ordinance, 1955".
Virgin Islands.
No. 13 of 1954, "The Harbours
and Wharves Ordinance, 1954".

No. 54.
The following Bill which is to be
introduced in the Legislative Council
of Antigua, is circulated with this
Gazette and forms part thereof:-
"The Petroleum (Amendment)
Ordinance, 1955 ".

No. 55.
The following Ordinance and
Statutory Rules and Orders are circu-
lated with this Gazette and form
part thereof:-
ORDINANCE.
Virgin Islands.
No. 4 of 1955, "The Crown Pro-
ceedings Ordinance, 1955 ".
26 pp. Price 32 cents.
STATUTORY RULES & ORDERS.
General Government.
No. 20 of 1955, "The Pensions
(Amendment) Regulations, 1955 ".
2 pp. Price 4 cents.
No. 21 of 1955, "The Importation
and the Exportation of Notes (Ex-
emption) (Amendment) Order, 1955."
2 pp. Price 4 cents.
No. 22 of 1955, The Air Navigation
(Conduct at Airports) (Revocation)
Regulations, 1955.
1 pp. Price 3 cents.

Notice Concerning the Valida-
tion of internally issued Secu-
rities in Austria.
For the purpose of restoring an
orderly state of affairs with regard
to the internal securities issued in
Austria the Ministry of Finance has
been empowered, in terms of the
Austrian Securities Validation Law,
Federal Gazette No. 188/54, to call
up by announcement in the official
notice column of the Wiener Zeitung
those Austrian Schillings and Reichs-


mark securities, issued in Austria,
for which a validation procedure is
deemed necessary.

Securities, deemed to be subject to
this validation procedure, require to
be registered with one of the follow-
ing registration offices:-
Creditanstalt -B an k verein,
Schottengasse, 6, Vienna I.
Osterreichische Landerbank A.
G. Am Hof 2, Vienna I.
Osterreichisohe Credit-Institut
A. G. Herrengasse 2, Vienna I.
within six months of the date of the
notice of their call up in the Wiener
Zeitung.

Securities, subject to validation
procedure, which are not submitted
in accordance with the detailed
provisions of the law to one of the
above-named registration offices,
within the stipulated time limit,
become invalid on the expiration of
the time limit.

Persons. who have not already
deposited their internal Austrian Se-
curities, either directly or indirectly,
with an Austrian Bank, are recom-
mended, in their own interest, to
contact immediately, either their
own bank or one of the the three
Austrian banks mentioned above, for
the purpose of registering the securi-
ties, or a claim to such securities, in
the prescribed manner within the
time limits imposed, and for infor-
mation as to whether a security issue
has been already officially called up
for validation, and, if so, the date
of the expiration of the stipulated
time limit, and also as to whether,
as a result of an official pronounce-
ment, a security issue has been
declared exempt from the validation
procedure.
Subject to compliance with foreign
exchange regulations the securities
may also be forwarded directly for
registration to one of the three
Austrian banks named above. How-
ever, in this case the respective
Austrian bank requires to be specifi-
cally empowered to carry through in
the name of, and for the account of,
the owner of the security, all the
necessary measures required by the
validation procedure.
Ref. No. A. C. 24A/24.


V 8


C___~____________~______~__________ ~








THE LEEWARD ISLANDS GAZET-TE.


[26 May, 1955.


Department of Agriculture-
St. Kitts Nevis Anguilla Post
of Agricultural Assistant
Grade II.
Applications are invited for the
post of Agricultural Assistant Grade
II in the Department of Agriculture
of the Presidency of St. Kitts Nevis
and Anguilla.
The appointment will be for a
period of three years in the first
instance with a salary scale of $2640-
120-3000. The actual point of entry
in the scale will be determined in the
light of experience and qualifications
of the candidate. Applicants should
hold the diploma of the Imperial
College of Tropical Agriculture and
should have had some experience of
field work in a department of agri-
culture.
A transport allowance is payable at
the rate at present ruling in the
Presidency.
Quarters are not provided.
The officer will be engaged mainly
on pasture improvement and devel-
opment.
Applications should be addressed
to His Honour the Administrator,
St. Kitbs Nevis Anguilla.
Ref. No. 36/00004.

Re death of Wilfred Samuel,
late of Basseterre, in the is-
land of Saint Christopher, a
workman lately employed at
The St. Kitts (Basseterre)
Sugar Factory which death
occurred on the 17th day of
March, 1955 at Bobb Phipps
Bridge, Palmetto Point.

COMPENSATION in the above
matter having been deposited with
me under Section 8 of the Workmen's
Compensation Act, the Dependants of
the said WILFRED SAMUEL, deceased,
are hereby required to appear before
the Commissioner on SATURDAY
the 28th day of MAY, 1955 at 10
o'clock in the forenoon at the Court
House, Basseterre, when the Commis-
sioner will proceed to determine the
distribution thereof.
PROOF of relationship of depend-
ants to the deceased will be required
by the Commissioner to be furnished
by claimants at the enquiry, such
proof to be in the form of Certificates
of Birth and Marriage as in the cir-
cumstances be necessary.
A CLAIMANT for funeral ex-
penses of the deceased must submit
and prove his claim to the Registrar
before the 27th day of May, 1955.
Dated the 10th day of May, 1955.
H. S. L. MOSELEY,
Registrar of the Supreme court .
Ref. No. 361/ 0004.


TRADE MARKS OFFICE,
ANTIGUA, 17th May, 1955.
GUINNESS EXPORT LIMITED
of Park Royal Brewery, Cumberland
Avenue, Park Royal, London N. W.
have applied for Registration of one
Trade Mark consisting of the follow-
ing:-


MUSCLE MAN
in Class 43 that is to say:- Beer,
Stout, Ale and Porter.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 5 years
before the date of their said Applica-
tion.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition to
registration of the said Trade Mark.

O. M. BROWNE,
Registrar of Trade Marks.

TRADE MARKS OFFICE,
ANTIGUA, 16th May, 1955.
ANGUS WATSON & 00 LIMITED
of 5, City Road, Newcastle-on-Tyne,
England have applied for Registration
of one Trade Mark consisting of the
following:-


in class 42 that is to say: Substances
used as food or as ingredients in food.
The Applicants claim that they have
used the said Trade Mark in respect of
the said goods which has not been
used in the Leeward Islands before
the date of their said Application.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to
registration of the said Trade Mark.

O. M. BROWNE,
Registrar of Trade Marks.


TRADE MARKS OFFICE,
ANTIGUA, 17th May, 1955.

'GUINNESS EXPORT LIMITED
of Park Royal Brewery, Comberland
Avenue, Park Royal, London, have
applied for Registration of one Trade
Mark consisting of the following:-


in Class 43 tlat is to say:-
Stont, Ale and Porter.


Beer,


The Applicants claim that they
have used the said Trade Mark in
respect of the sAid goods for five years
before the date of their said Applica-
tion.
Any person may wil.hin three
months from the date of the first
appearance of this Advertisement in
the Leeward .slt ods Gaz'tte. give
notice in duplicate at the Trade
Marks Offic-, Antigua. of opposition to
registration of the said Trade Mark.

0. A RROWNE,
Registrar of Trade iMarks.


TRADE MARKS OFFICE,
ANTIGUA, 16th May, 1955.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
Winston-Salem, North Carolina,
U. S. A. have applied for Registration
of one Trade Mark consisting of the
following:-




|Winston
__A AI LI


in Class 45, that is to say: Tobacco
products including cigarettes.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 21 years
before the date of the ir said Applica-
tion.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to
registration of the said rrade Mark.

O. M. BROWNE,
Registrar of Trade Marks.









26 May, 1955.]


THE LEEWARD ISLANDS GAZETTE


TRADE MARKS OFFICE,

ANTIGUA, 16th May, 1955.

The COCA-COLA EXPORT COR-
PORATION of 515 Madison Avenue,
City and State of New York, U. S. A
have applied for Registration of one
Trade Mark consisting of the follow-
ing:-


FANTA


in Class 44 that is to say:- Non-
alcholic beverages, fruit juices, syrups,
concentrates and other preparations
for the making of such beverages and
fruit juices.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for years
before the date of their said Applica-
tion.

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

O. M. BROWNE,
Registrar of Trade Marks.

Notice is hereby given that a copy
of the list of the original assessments
of the City Rate for 1955 to which
objections have been taken and
alterations made thereto by the
Central Board of Health has this day
been posted up on the outer door of
the Treasury and may be seen at the
Central Board of Health Office.


Notice is also hereby given that all
the amounts for City Rate for the
year 1955 must be paid into the
Treasury by the 31st August 1955.

A. M. TAYLOR,
Secretary, Central Board of Health.

Central Board of Health Office,
Antigua.
16th May, 1955.


TRAFFIC NOTICE.

The Vehicle & Road Traffic Ordi-
nance 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 6.45 p.m.
to 5.30 a.m.

Dated this 4th day of May, 1955'

E. M. V. JAMES, Lt.-Col.,
Trafic Commissioner.
36/00004

WEIGHTS AND MEASURES.


The Inspector of Weights and
Measures shall attend for the purpose
of examining, weighing and stamping
Weights and Measures and Weighing
Instruments at the following times
and places:-
(1) At the Police Station, Parham,
on Tuesday the 7th June, from 10
a.m. to 4 p.m.


(2) At the Police Station, Willikies,
on Friday the 10th June, from 10
a.m. to 4 p.m.

(3) At the Police Station, Bolans,
on Tuesday the 14th June, from 10
a.m. to 4 p.m.

(4) At the Police Station, All
Saints, on Friday the 17th June, from
10 a.m. to 4 p.m.
(5) In the City of St. John at the
Police Station on the 20th, 21st, 22nd,
23rd and 24th June from 10 a.m.
to 4 p.m.

Provided that should any of the
days prescribed above for the Inspec-
tor's attendance at Parham, Willikies,
Bolans and All Saints fall on a Bank
Holiday, the Inspector shall attend
on the following day instead.

G. M. ROBERTS,
Inspector of Weights & Measures.

Police Headquarters,
Antigua.
3rd May, 1955.
Ref. No. A. 82/1.


RAINFALL FIGURES.


Central Experiment Station.

Antigua.


Jan.
Feb.
Mar.
Apr.
May 14th


1951. 1952. 1963. 1954. 1i56.
3.60 3.10 2.55 3.44 2.16
1.88 1.80 1.02 2.45 .68
1.09 1.62 5.60 1.08 .83
2.16 3.14 2.06 .49 1.75
7.07 2.42 .90 2.64 1.71
15.80 11.88 12.13 10.10 7.13








THE LEEWARD ISLANDS GAZETTE.


TRADE MARKS OFFICE,
ANTIGUA, 17TH MAY, 1955.
VINE PRODUCTS LIMITED of V.P. Winery, Villiers Road, Kingston-on-Thames, Surrey, England, have
applied for Registration of one Trade Mark consisting of the following:-


in Class 43 that is to say: Wines
The Applicants claim that they have used the said Trade Mark in respect of the said goods for 28 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
L6eward Islands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of opposition to registration of
the said Trade Mark.
O. M. BROWNE,
Registrar of Trade Marks.

TRADE MARKS OFFICE,
ANTIGUA, J6TH MAY, 1955.
JOHN DEWAR & SONS, LTD. of Glasgow Road, Perth, Scotland have applied for Registration of one
Trade Mark consisting of the following:-



CES T4o
SDEWAR'S
RARE OLD SCOTCH WHISKY


SPECIALLY SELECTED & BLENDED BY
JOHN DEWAR & SONS LT.
PERTH SCOTLAND


in Class 43, that is to say:-Scotch Whisky.
The Applicants claim that they have used the said Trade Mark in respect of the said goods fr9m June 1954
before the date of their said Application.
Any person may with three months from the date of the first appearance of this Advertisement in the
Leeward Islands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of opposition to registration df
the said Trade Mark.
O. M. BROWNE,
Registrar of Trade Marks.

ANTIGUA.
Printed at the Government Printing Offloe, Leeward Islands, by E. DI BLACKMAN,
Government Printer.-By Authority,
1955,
[Price 49 Ments]


[26 May, 1955.






. I .


No. of 1955. Petroleum (Amendment).


ANTIGUA.


No.


of 1955.


.An Ordinance to amend the Petroleum
1949.


Ordinance,


ENACTED by the Legislature of Antigun as
follows:-
1. This Ordinance may be cited as the
Petroleum (Amendment) Ordinance, 1955, and
shall be read as one with the Petroleum Ordinance,
1949, as amended, hereinafter called the Principal
Ordinance.

2. Subsection (2) of section 12A of the
Principal Ordinance is hereby amended by the
insertion between the words "vehicle" and "or"
in the fifteenth line thereof of the words "is or
was for use only on that ship or vehicle".


President.


Passed the Legislative Council the
1955.


Clerk of the Council.


ANTIGUA.


Short title.


5/1949.
/51954.


Amendment of
Section 12A
(2) of Princi-
pal Ordinance.




. If


ANTIGUA. 2 Petroleum (Amendment).


No. of 1955.


OBJECTS AND REASONS.



The object of this Bill is to rectify an omission
in Section 12A subsection 2 of The Petroleum
Ordinance, 1949, as amended by the Petroleum
(Amendment) Ordinance, 1954.


22nd April, 1955.


DESMOND A. McNAMARA,
Acting Crown Attorney.


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


316-5.55.


Price 4 cents.


CAL


C~






No. 4 of 1955. Crown Proceedings. VIRGIN
ISLANDS.
[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
4th May, 1955.



VIRGIN ISLANDS.

No. 4 of 1955.
An Ordinance to amend the law relating to the
civil liabilities and rights of the Crown and to
civil proceedings by and against the Crown,
to amend the law relating to the civil liabilities
of persons other than the Crown in certain
cases involving the affairs or property of the
Crown, and for purposes connected with the
matters aforesaid.
ENACTED by the Legislature of the Virgin
Islands as follows:-
1. This Ordinance may be cited as the Crown short title.
Proceedings Ordinance, 1955.
2. (1) Any reference in this Ordinance to Interpreta-
the provisions of this Ordinance shall, unless the tion.
context otherwise requires, include a reference to
rules of court and Magistrates' Courts rules made
for the purposes of this Ordinance.
(2) In this Ordinance-
"agent" when used in relation to the Crown,
includes an independent contractor em-
ployed by the Crown;
"Attorney-General" means the Attorney-
General of the Leeward Islands;
"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







VIRGIN 2 Crown Proceedings. No. 4 of 1955.
ISLANDS.
Merchant Shipping Acts, 1894 to 1940,
or which are for the time being demised
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
til United Kingdom unless that ship is
for the time being demised 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;
proceedings against the Crown" includes a
claim by way of set-off or counterclaim
raised in proceedings by the Crown;
prescribed" means prescribed by rules made
under section 29 of this Ordinance;
"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
this 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 Attorney-







No. 4 of 1955. Crown Proceedings. 3 VIRGIN
ISLANDS.
General or any officer of the Crown as such is a
party:
Provided that the Crown shall not for the
purposes of Parts III and IV of this Ordinance be
deemed to be a party to any proceedings by reason
only that they are brought by the Attorney-General
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 Royal Navy Service.
(b) the Queen Alexandra's Royal Navy
Nursing Service; and
(c) any other organisation established
under the control of the Admiralty, the Army
Council or the Air Council.
(5) References in this Ordinance to any
enactment shall be construed as references to that
enactment as amended by or under any other
enactment including this Ordinance.
PART I.
SUBSTANTIVE LAW.
8. (1) Where after the commencement of Right to sue
this Ordinance any person has a claim against the the Crown.
Crown as defined in subsection (2) of this section,
then, subject to the provisions of this Ordinance,
the claim may be. enforced 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 subsection (1) of this section shall be construed
as meaning a claim against the 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 F,
by a proceeding provided by any other statutory
provision.







VIRGIN 4 Crown Proceedinq,. No. 4 of I955.
ISLANDS.
(3) Any claim against the Crown made
pursuant to any, statutory provision enacted after
the commencement of this Ordinance shall, unless
otherwise directed by any law, be likewise enforced
as of right, and without the fiat of the Governor,
by proceedings taken against the Crown in accord-
ance with the provisions of this Ordinance.
Liability of 4. (1) Subject to the provisions of this
the Crown in
ort.own Ordinance, the Crown shall be subject to all those
liabilities in tort to which, if it were a private
person of full age and capacity, it would be
subject-
(a) in respect of torts committed by its
servants or agents;
(b) in respect of any breach of those
duties which a person owes to his servants or
agents at common law by reason of being their
employer; and
(c) in respect of any breach of the duties
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 paragraph (a) of this
subsection in respect of any act or omission of a
servant or agent of the Crown unless the act or
omission would apart from the provisions of this
Ordinance have given rise to a cause of action in
tort against that servant or agent of his estate.
(2) Where the Crown is bound by a statutory
duty which is binding also upon persons other than
the Crown and its officers, then, subject to the
provisions of this Ordinance, the Crown shall, in
respect of a failure to comply with that duty, be
subject to all those liabilities in tort (if any) to
which it would be so subject if it were a private
person of full age and capacity.
(3) Where any functions are conferred or
imposed upon an officer of the Crown as such
either by any rule of the common law or by any
law, and that officer commits a tort while perform-
ing or purporting to perform those functions, the
liabilities of the Crown in respect of the tort shall







io. 4 of 1955. Crown Proceedings. 5 VIRGIN
ISLANDS.
be 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 an
officer of the Crown in respect of any tort committed
by 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 proceedings against the Crown had
been proceedings against the said officer.
(5) No proceedings shall lie against the Crown
by virtue of this section in respect of anything
done or omitted to be done by any person while
discharging or purporting to discharge any res-
ponsibilities of a 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 act,
neglect or default of any officer of the Crown,
unless that officer 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 of 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 the Governor certifies that the holder thereof
would normally be so paid.
6. (1) Where after the commencement of Provisions as
this Ordinance any servant or agent of the Crown to industrial
infringes a patent, or infringes a registered trade
mark, or infringes any copyright and the infringe-
ment is committed with the authority of the
Crown, then, subject to the provisions of this
Ordinance, civil proceedings in respect of the
infringement shall lie against the Crown.
(2) Nothing in subsection (1) of this section
or in any other provisions of this Ordinance shall
affect the rights of the Governor under section 29
of the Patents Act. Cap. 147.







VIRGIN 6 Crown Proceedings. No. 4 of 1955.
ISLANDS.
(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 infringement of
a registered trade mark, or in respect of the
infringement of any such copyright as is mentioned
in subsection (1) of this section.

Application 6. Where the Crown is subject to any
of lawas to liability by virtue of this Part of this Ordinance,
indemnity and
contribution. any law relating to indemnity and contribution
shall be enforceable by or againstt the Crown in
respect of the liability to which it is so subject as if
the Crown were a private person of full age and
capacity.

Liability in 7. (1) Subject as hereinafter provided, no
onnetion proceedings in tort shall lie against the Crown for
packets. anything (lone or omitted to be done in relation to
a postal packet by any person while employed 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 the Crown
under this subsection in respect of loss of or
damage to a registered inland postal packet in so
far as the loss or damage is due to any wrongful
act done or any 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:

Provided that:--

(a) no proceedings shall lie under this
subsection in respect of any postal packet
registered before the commencement of this
Ordinance;

(b) the amount recoverable in any pro-
ce dings under this substction shall not exceed
the nl:ke: \alie of the ,packet in question
(excluding tihe market value of any message
or information which it bears) at the time
when the cause of action arises;







No. 4 of 1955. Croum Proceedings. 7 VIRGIN
ISLANDS.
(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 the registration of the
packet; and

(d) the Crown shall not be liable under
this subsection in respect of any packet unless
such conditions 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
tgis 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 act 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,
upon an application by any person who is not the
sender or addressee of the packet, that the sender
and the addressee are unable or unwilling to
enforce their remedies in respect of the packet
under the said subsection, the court may, upon
such terms as to security for costs and otherwise
as the court thinks just, allcw that other person to
bring proceedings under the said subsection in the
name of the sender or the addressee of the packet.







VIRGIN 8 Crown Proceedings. No. 4 of 1955
ISLANDS.
Any reference in this subsection to the sender
or addressee of the packet includes a reference to
his personal representatives.

(4) Where by virtue of subsection (3) of this
section any person recovers any money or property
which, apart from that subsection, would have
been recoverable by some other person, the money
or property so recovered shall be held on trust for
that person.
(5) Post Office rules may be made 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. same meaning as in the Post Office Act.
The expression inland postal packet"
means a postal packet which is posted in the
Presidency, for delivery at any place within
the Presidency to the person to whom it is
addressed.
The expression sender in relation to
a postal packet, has such meaning as may be
assigned to it by Post Office Rules.
(7) Any reference in this section to a postal
packet shall be construed as including a reference
to the contents of such a packet.

Provisions 8. (1) Nothing done or omitted to be done
creating to by a member of the armed forces of the Crown
the armed
forces, while on duty as such shall subject either him or
the Crown to liability in tort for causing the death
of another person, or for causing personal injury
to another person, in so far as the death or per-
sonal injury is due to anything suffered by that
other person while he is a member of the armed
forces of the Crown if-
(a) at the time when that thing is
suffered by that other person, he is either on
duty as a member of the armed forces of the
Crown or is, though not on duty as such, on







No. 4 of 1955. Crown Proceedings. 9 VIRGIN
ISLANDS.
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
member of the armed forces of the Crown in
right of its Government in the United King-
dom, the Minister of Pensions certifies that
his suffering that thing has been or will be
treated as attributable to service for the pur-
poses of entitlement to an award under the
Royal Warrant, Order in Council or Order of
Her Majesty relating to the disablement or
death of members of the force of which 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 Colony or in the Presi-
dency, the Governor in Council certifies that
his suffering that thing has been or will be
treated as attributable to service for the pur-
poses of entitlement to a gratuity or pension
under any enactment relating to the disable-
ment or death of members of the force of
which he is a member:
Provided that this subsection shall not exempt
a member of the said forces from liability in tort
in any case in which the court is satisfied that the
act or omission was not connected with the execu-
tion of his duties as a member of those forces.
(2) No proceedings in tort shall lie against
the Crown for death or personal injury due to
anything suffered by a member of the armed forces
of the Crown if-
(a) that thing is suffered by him in con-
sequence of the nature or condition of any
such land, premises, ship, aircraft or vehicle
as aforesaid, or in consequence of the nature
or condition of any equipment or supplies
used for the purposes of those forces; and
(b) (i) in the case of a member of the
armed forces of the Crown in right of its
Government in the United Kingdom, the







VIRGIN 10 Crown Proceedings. No. 4 of 1955.
ISLANDS.
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 the 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 not, 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, for 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 of the Crown in right of its
Government in the United Kingdom; or
(b) that at any particular time any land,
premises, ship, aircraft, vehicle, equipment or
supplies was or was not, or were or were not,
used for hle purposes of the said forces,
shall, for the purposes of this section, be conclu-
sive as to the fact which it certifies.







Crown 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
Governor with the advice of the Executive
Council of 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
means a member of the armed forces of the
Crown in the right of its Government in the
Colony or in the Presidency (including mem-
bers of the Police Force) or in right of its
Government in the United Kingdom.

(6) Nothing in this section shall be deemed
by implication or otherwise to confer any right of
action against 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-
ties which, if this Ordinance had not been passed,
would have been exercisable by virtue of the
prerogative of the Crown, or any powers or authori-
ties conferred on the Crown by any law and,
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 any proceedings under this
Ordinance it is material to determine whether any-
thing was properly done or omitted to be done in
the exercise of the prerogative of the Crown, the
Governor may, if satisfied that the act or omission
was necessary for any such purpose as is mentioned
in the last preceding subsection, issue a certificate
to the effect that the act or omission was necessary
for that purpose; and the certificate shall, in those
proceedings, be conclusive as to the matter so
certified.


11 VIRGIN
ISLANDS.


Saving in
respect of acts
done under
prerogative
and statutou y
powers.


go. 4 bf 1955.







VIuRnGI 12
ISLANDS.


Crown Proceedings.


No. 4 of 1955.


PART II.


JURISDICTION AND PROCEDURE.


Civil proceed-
ings in the
Supreme
Court.








57 & 58 Viot.
0.39.
Civil proceed-
ings in the
court of Sum-
mary Jurisdic-
tion and
Magistrate's
Court.




















Interplaader.


10. (1) Subject to the provisions of this
Ordinance, all civil proceedings by or against the
Crown in the Supreme Court shall be instituted
and proceeded with in accordance with rules of
court and not otherwise.

(2) In relation to any claim against the
Crown in the Supreme Court as a Colonial Court
of Admiralty which falls within the 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, 1894.

11. (1) Subject to the provisions of this
Ordinance, and to sections 8 and 9 of the Summary
Jurisdiction Act which limit the jurisdiction of the
Court of Summary Jurisdiction 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 Magistrate's Court (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 by or
against the Crown may be instituted in a Court of
Summary Jurisdiction or in a Magistrate's Court.

(2) Any proceedings by or against the Crown
in a Court of Summary Jurisdiction shall be
instituted and proceeded with in accordance with
rules of court of the Court of Summary Jurisdic-
tion and not otherwise.

(3) Any proceedings by or against the Crown
in a Magistrate's Court shall be instituted and pro-
ceeded with in accordance with Magistrates' Court
Rules and not otherwise.

12. The Crown may obtain relief by way
of interpleader proceedings, and may be made a
party to such proceedings, in the same manner in
which a subject may obtain relief by way of such
proceedings notwithstanding that the application
for relief is made by a Provost Marshal or Bailiff,







No. 4 of 1955. Crown Proceedings. 13 VIRGIN
ISLANDS.
and all rules of court and Magistrates' Court rules
relating to interpleader proceedings shall, subject
to such modifications as may be prescribed have
effect accordingly.
13. (1) Civil proceedings by the Crown Parties to
may be instituted either by the Attorney-General proceedings.
ir by an authorized officer in his official name:
Provided that where in any Act or Ordinance
passed before the coming into operation of this
Ordinance it is therein provided that any debt due
to the Crown shall be 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 may
be instituted either against the Attorney-General or
against an authorised officer in his official name.
(3) The Governor shall by order publish a
list of the official names of authorised Officers by
whom or against whom civil proceedings by or
against the Crown may be brought in relation to a
department of the Crown in the Presidency.
(4) No proceedings instituted in accordance
with this Part of this Ordinance by an officer of
the Crown in pursuance of the proviso to subsection
(1) of this section or by or against an authorised
officer appointed under subsection (3) of this
section or in the name of or against the Attorney-
General shall abate or be affected by any change in
the person holding any such office.
14. All documents required to be served on Service 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 an officer of the Crown other than
the Attorney-General, be served on that officer or
on the Attorney-General.
15. (1) If in a case where proceedings are Removal and
instituted against the Crown in a Magistrate's transfer
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 the Attorney-
General to the effect that the proceedings may







VIRGIN 14 Cro-wn Proceedings. No. 4 of 1955.
ISLANDS.
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 appears to the
court by whom the proceedings are tried that the
removal has 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 of any proceedings 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 as 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







No. 4 of 1955. Crown Proceedings. 15 VIRGIN
ISLANDS
injunction or making the order would be to give ISLANDS
any relief against the Crown which could not have
been obtained in proceedings against the Crown.
17. In any civil proceedings by or against the costs in civil
Crown, the costs of and incidental to the proceed- ohionhe to
ings shall be awarded ill the same manner and on rown is a
the same principles as in cases between subjects, and party.
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
trates' Courts rules relating to appeals and stay of execution.
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 II.
to civil proceedings hy 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
qcire facias, 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
Attorney-General or a particular
officer of the Crown;







VIRGIN 16 Crown Proceedings. No. 4 of 1955.
ISLANDS."
(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.
(2) Subject to the provisions of this section,
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
been passed, might have been enforced or
vindicated or obtained by an action against
the Attorney General in accordance with the
provisions of the Crown Suits Act or any
other statutory provision; and
(b) all such proceedings as any person is
entitled to bring against the Crown 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.

(3) Notwithstanding anything in the preced-
ing provisions of this section, the provisions ofithis
Part of this Ordinance shall not have effect with
respect to any proceedings brought by the Attorney-
General 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
debts,damages (which provides that a judgment debt shall carry
n osts, 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, and any interest
so payable shall be at the same rate as that at which
interest is payable upon judgment debts due from
or to the Crown.






SNo. -4 of 1955. Crown Proceedings. 17 VIRGIN
ISLANDS.
(3) This section shall apply both in relation
to proceedings pending at the commencement of
this Ordinance and in relation to proceedings
instituted thereafter.

21. (1) Where in any civil proceedings by or Satisfaction
against the Crown, or in connection with any against tho
arbitration to which the Crown is a party, any Crown.
order (including an order for costs) is made by any
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 date 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 Attorney-General, 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, the 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 be 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.






VInGIN 18 Crown Pr..c/.'. No. 4 of-1955.
ISLANDS.
(4) Save as aforesaid and subject to rules of
court no execution or attachment or process in the
nature thereof shall be issued out of any court for
enforcing payment by the Crown of any such
amount or costs as aforesaid, and the Attorney-
General 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
Crown, or the Attorney-General, 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 be 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 said 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 tmy sum
payable in respect of stamp duty under section 74
oap. I:rB. 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.








No. 4 of 1955. Crown Proceedmgs. 19 VInGIN
ISLANDS.
23. (1) Where any money is payable by the Attachment of
Crown to some person who, under any order of any monoys pay-
court, is liable to pay any money to any other Crown.
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-
ment of a sequestrator or receiver to receive the
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 sequestrator 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.
MISCELLANEOUS AND SUPPLEMENTAL.
24. (1) Subject to and in accordance with niscovery.
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,








VTRGIN 22 Crown Proceedings. No. 4 of 1955.
ISLANDS.
may contain provisions to have effect in relation
to any proceedings by or against the Crown in
substitution for or by way of addition to any of
the provisions of the rules applying to proceedings
between subjects.
(2) Provisions shall be 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 plaintiff 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 it is alleged that the
liability of the Crown has arisen and as to
the departments 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 the court to be obtained on an
application of which notice has been given to
the Crown;
(d) for excepting proceedings brought
against the Crown from the operation of any
rule of court providing for sumnmry 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 have been taken if this Ordinance had
not been passed, so, however, that the Crown
shall not be entitled t) deliver any third or
subsequent interrogatories without the leave
of the court;






SNo. 4 of 1955. Crown Proceedings. 23 VIRGIN
ISLAND.
(t) for enabling evidence to be taken
on commission in proceedings by or against
the Crown;
(g) for providing:-
(i) that a person shall not be entitled
to avail himself 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 Attorney-General;
(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 proceedings.
proceedings instituted under the Crown Suits Act Cap.6.
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






VIRGIN 24 Crown Proceedings. No. 4 of'1955.
ISLANDS.
could have been preferred against the Crown in
23i& 24 Vict England under the Petitions of Right Act, 1860,
. :34. 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 incurred by or
visions. on behalf of the Crown in right of IHer Majesty's
Government in the Presidency by reason of the
passing of this Ordinance shall be defrayed out of
moneys to be provided by the Legislative Council
of the Presidency.

(2) Any sums payable to the 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. 82. (1) Nothing in this Ordinance shall
apply to proceedings by or against, or authorise
proceedings in tort to be brought against, Her
SMajesty 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







No. 4 of 1955. Crown Proceedings. 25 VIRGIN
ISLANDS.
(d) subject the Crown to any greater
liabilities in respect of the acts or omissions
of any independent contractor employed by
the Crown than those to 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 the 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 the
foregoing provisions, Part III of this Ordinance
shall not apply to the Crown except in right of
Her Majesty's Government in the Presidency.
(3) A certificate of the Governor:-
(a) to the effect that any alleged liability
of the Crown arises otherwise than in
respect of Her Majesty's Government in the
Presidency;
(b) to the effect that any proceedings
by the Crown are proceedings otherwise than
in right of Her Majesty's Government in the
Presidency,
shall, for the purposes of this Ordinance, be
conclusive as to the matters so certified.
(4) Where anh property vests in the Crown
by virtue of any rule of law which operates
independently of the acts or the intentions of the
Crown, the Crown shall not by virtue of this
Ordinance he subject to any liabilities in tort by
reason only of the property being so vested: but
the provisions of this subsection shall be without
prejudice to the liabilities of the Crown under
this Ordinance in respect of any period after the
Crown or any person acting for the Crown has
in fact taken possession or control of any such
property, or entered into occupation thereof.







VIRGIN
ISLANDS.


26 Crown Proceedings.


(5) This Ordinance shall not operate to limit
the discretion of- the court to grant relief by way
of mandamus in cases 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.
Revocation of 33. The declaration embodied in section 2
declaation and f the Crown Proceedings (General Legislature
3/1954. Competency) Ordinance, 1954, is hereby revoked
and the said Ordinance is hereby repealed.
Commence- 34. This Ordinance shall come into opera-
inent. tion on a day to be appointed by the Governor by
proclamation published in the Gazette.

H. A. C. HOWARD,
President.
Passed the Legislative Council this 29th day
of March, 1955.

H. O. CREQUE,
Clerk of the Council.




















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


No. 4 of 19.16


47100308 670-5i.5-5.


Prices 32 cents.









LEEWARD ISLANDS.
GENERAL GOVERNMENT.


STATUTORY RULES AND ORDERS.

1955, No. 20.


THE PENSIONS (AMENDMENT) REGULATIONS, 1955, DATED
MAY 18, 1955, MADE BY THE GOVERNOR IN COUNCIL
WITH THE SANCTION OF THE SECRETARY OF STATE
UNDER SUBSECTION (2) OF SECTION 3 OF THE PENSIONS
ACT, 1947 (No. 12/1947).



1. Short Title. These Regulations may be cited as
the Pensions (Amendment) Regulations, 1955, and shall be
read as one with the Pensions Regulations, 1947, contained in
the First Schedule to the Pensions Act, 1947, hereinafter
referred to is the Principal Regulations.

2. Revocation. The First Schedule to the Principal
Regulations is hereby revoked and replaced by the following:-
"First Schedule to the Regulations. (Reg. 8 (1)).
Aden
Bahamas
Barbados
Basutoland
Bechuanaland Protectorate
Bermuda
British Guiana
British Honduras
Cayman Islands
Ceylon
Crown Agents for Overseas Governments and Administrations
Cyprus
Dominica
East Africa High Commission
East African Railways and Harbours Administration
Eastern Region of Nigeria
Falkland Islands
Federated Malay States
Federation of Malaya
Federation of Nigeria
Federation of Rhodesia and Nyasaland
Fiji
Gambia
Gibraltar









Gold Coast
Grenada
Hong Kong
Jamaica
Kenya
Kenya and Uganda Railways and Harbours Administration
Malayan Establishment
Malayan Union
Mauritius
Nigeria
North Borneo
Northern Region of Nigeria
Northern Rhodesia
Nyasaland
Oversea Audit Service (Home Establishment)
St. Hlelena
St. Lucia
St. Vincent
Sarawak
Seyohelles
Sierra Leone
Singapore
Somaliland
Straits Settlements
Swaziland
Tanganyika Territory
Trinidad
Turks and Caicos Islands
Uganda
United Kingdom of Great Britain and Northern Ireland
Western Pacific:-
Gilbert and Ellice Islands Colony
British Solomon Islands Protectorate
New Hebrides
Western Region of Nigeria
Tonga
Zanzibar ".


1956


Made by the Governor in Council this 18th day of May,
5.

HELEN H. BALLOT,
Acting Clerk of the Council.






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


Price 4 cents.


59/0002~3-480-5.55.


...,-









LEEWARD ISLANDS.
GENERAL GOVERNMENT.


STATUTORY RULES AND ORDERS.
1955, No. 21.


DEFENCE FINANCE.


THE IMPORTATION AND EXPORTATION OF NOTES (EXEMPTION) (AMENDMENT)
ORDER, 1955, DATED MAY 18, 1955, MADE BY THE GOVERNOR UNDER
REGULATIONS 6 AND 8 OF THE DEFENCE (FINANCE) REGULATIONS,
1942, AS fAVTNG EFFECT BY VIRTUE OF THE SUPPLIES AND SERVICES
(TRANSITIONAL POWERS) ACT. 1945 (IMPERIAL) THE SUPPLIES AND
SERVICES (TRANSITIONAL POWERS) (COLONIES, ETC.) ORDER IN COUNCIL,
1946 (IMPERIAL) THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)
ORDER, 1946, AND THE SUPPLIES AND SERVICES (CONTINUANCE) ORDER,
1951 (IMPERIAL).


1. Short Title. This Order may be cited as the Importa-
tion and the Exportation of Notes (Exemption) (Amendment) Order,
1955, and shall be read as one with the Importation and Exportation of
Notes (Exemption) Order, 1952 (S. R. & 0. 1952 No. 22) hereinafter
called.the Principal Order.

2. Amendment. (1) Sub-paragraph (1) of paragraph 2 of
the Principal Order is hereby amended by the insertion of a comma after
the word Colony" in the sixth line and by the substitution of a
comma and the words without any limitation as to amount, for the
words "to the amount of ten pounds occurring after the word
" Colony in the seventh line.
(2) Sub-paragraph (2) of paragraph 2 of the Principal Order is
hereby amended by-
(a) the substitution of a comma for the word "and occur-
ring after the word Colony in the fifth line;
(b) the snbstitution of a comma for the words "to the amount
of ten pounds occurring after the word Colony in the sixth
line;
(c) the.substitution of a comma and the words "such amount
that the sum of such notes does not exceed in total" for the words










"an amount not exceeding occurring after the word to" in the
eighth line;

(d) the substitution of the words not exceeding twenty-five
pounds sterling in value or the amount brought by such person into
the Presidency whichever is the greater for all the wcrds
occurring between the word currency and the colon at the end
of the line.

Made by the Governor this 18th day of May, 1955.


K. W. BLACKBURNE,
Governor.































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


C0 31/00007-II-480-5.55.


[Price 4 cents]









LEEWARD ISLANDS.
GENERAL GOVERNMENT.

STATUTORY RULES AND ORDERS.

1955, No. 22.


The Air Navigation (Conduct at Airports) (Revocation)
Regulations, 1955, made by the Governor under the
Authority of Articles 8B and 30 of the Air Naviga-
tion (Colonies, Protectorates and Mandated Territories)
Order, 1927, as continued in force by the Colonial
Air Navigation Order, 1949.


1. Short Title. These Regulations may be cited as
the Air Navigation (Conduct at Airports) (Revocation)
Regulations, 1955.

2. Revocation. The Air Navigation (Conduct at
Airports) Regulations, 1949 (S. R. & 0. 1949 No. 28) are
hereby revoked.


Dated this 23rd day of May, 1955.


K. W. BLACKBURNE,
Governor.













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


"1


480-5.55.


. [Price 3 cents.]




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