Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00277
 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: VID00277
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

Full Text








THE LEEWAR KS"IN


GAZETTE .

LubliHlbe bY 2utboritE .

VOL. LXXXIII. THURSDAY, 29TH SEPTEMBER, 1955.


Notices,

BY THE GOVERNOR OF THE
LEEWARD ISLANDS..

A PROCLAMATION.
P. D. MACDONALD,
Acting Governor.
WHEREAS the Legislative Council
of the Presidency of the Virgin Is-
lands has been duly constituted under
the provisions of the Virgin Islands
Constitution and Elections Ordinance,
1954 (No. 7/1954):
AND WHEREAS by proclamation
under the hand of the Governor dated
the 7th day of October, 1954, issued
under the provisions of subsection (1)
of section 25 of the said Ordinance,
the said Council was first summoned
to meet in session for the despatch of
public business on the 16th day of
October, 1954:
AND WHEREAS by proclama-
tion dated the 7th day of October,
1954, a session of the said Council
was appointed to bb held at ten o'clock
in the forenoon at St. George's Hall
in the "town of Road Town in the
aforesaid Presidency on Saturday the
16th day of October, 1954:
AND WHEREAS in pursuance of
the aforesaid proclamations the said
Council duly met in session on the
16th day of October, 1954:
AND WHEREAS it is provided,
inter alia, by subsection (1) of sec-
tion 25 of the said Ordinance that the
Governor may at any time, by procla-
mation, prorogue the said Legislative
Council:

AND WHEREAS it appears ex-
pedient to prorogue the said Council:
NOW, THEREFORE, in exercise
of the powers in me vested as herein-
before recited I do hereby prorogue
the Legislative Council of the Presi-
dency of the Virgin Islands until such
further date as may be appointed, by
proclamation of the Commissioner
under the provisions of section 18 of
the said Ordinance, for the first sit-
ting in the next session of the said
Council.
AND the Members of the said
Council and all other Her Majesty's
Officers and loving subjects in the
said Presidency and all those whom



3 "7 -7 7

LYV^7Q


it may concern are hereby required
to take due notice hereof and to
govern themselves accordingly.
GIVEN at the Government House,
Antigua, this 29th day of Sep-
tember, 1955, and in the fourth-
year of Her Majesty's reign.
GOD SAVE THE QUEEN!

BY THE COMMISSIONER OF
THE PRESIDENCY OF THE
VIRGIN ISLANDS.

A PROCLAMATION.

H. A C. HOWARD,
Commissioner.
WHEREAS pursuant to the provi-
sions of subsection (1) of section 25
of the Virgin Islands Constitution
and Elections Ordinance, 1954 (No.
7/1954) the Goverdor by proclamation
dated the 7th day of October, 1954
prorogued the Legislative Council of
the Presidency of the Virgin Islands
until such further date as may be
appointed, by proclamation of the
Commissioner under the provisions of
section 18 of the said Ordinance, for
the first sitting in the next session of
the said Council:
AND WHEREAS it is provided
by section 18 of the Virgin Islands
Constitution and Elections Ordinance,
1954, that the sessions of the Legisla-
tive Conncil shall be held at such
times and places as the Commissioner
shall from time to time by proclama-
tion appoint:
AND WHEREAS it is expedient
that a session of the said Council
should now be held:
NOW, THEREFORE, I do by this
my proclamation hereby appoint that
a session of the said Council of the
Presidency of the Virgin Islands shall
be held and that the first meeting
shall commence with a sitting on the
10th day of October, 1955 at eleven
o'clock in the forenoon and that the
sittings of the said Council shall be
held at Saint George's Hall in the
town of Road Town, Tortola, in the
Presidency aforesaid.
AND the Members of the said
Council and all other Her Majesty's
Officer's and loving subjects in the
said Presidency and all those whom
it may concern are hereby required


to take due notice hereof and to give
their ready obedience accordingly.
GIVEN at the Commissioner's Office,
at Tortola, in the Virgin Islands,
this 29th day of September, 1955,
and in the fourth year of Her
Majesty's reign.
GOD SAVE THE QUEEN!
18/00054.

No. 99.
Appointments and transfers etc.,
in the public service, with effect from
the dates stated, are published for
general information:-
BROWNE, S. A., Junior Clerk, Office
of Superintendent of Police, Anti-
gua, confirmed in appointment.
Sep. 1
CHRISTIAN, C. M., employed on
contract, appointed substantively
as Surveyor of Worke, Virgin
Islands. Jan. 1
CLARKE, F. A., Junior Clerk,
Administration, Antigua. to be Act-
ing Clerk to the Antigua Executive
and Legislative Councils. Sep. 1
Ref. No. A. C. 13/65.
FIFiLD, Rev. D. O., B.A., appointed to
act as Headmaster, Secondary
School, Virgin Islands. Sep. 1
JACOBS, Dr. E. O., Medical Officer in
Administrative Charge, Virgin Is-
lands, transferred to Nevis.
June 13
O'NEAL, Mrs. I., Student Nurse,
Virgin Islands, promoted to Nurse.
May 23
SCOTT, S. H., B.A., Headmaster,
Secondary School, Virgin Islands,
resigned appointment. Aug. 31

CONFIRMATION OF ORDINANCES.

No. 100.
The Secretary of State for the
Colonies has informed the Acting
Governor that the power of disallow-
ance will not be exercised in respect
of the undermentioned Act and
Ordinances.
ACT.
Leeward Islands.
No. 4 of 1955, "The Pensions
(Amendment) Act; 1955,"


DS


No. 42.









THE LEEWARD ISLANDS GAZETTE.


ORDINANCES.

St. Kitis-Nevis-Anguilla.
No, 8 of 1955, The Income Tax
(Amendment) Ordinace, 1955. "
Montserrat.

No. 3 of 1955, "The British
Caribbean Sh i p p i n g (Agreement)
Ordinance, 1955."
Ref. No. 47/00366.
Virgin Islands.
No. 3 of 1955, "'The Supplemen-
tary Appropriation (1953) Ordinance,
1955."'
Ref. No. 47/00140.
No. 6 of 1955, "The Land and
House Tax Ordinance, 1955. "


No. 97.
The following Bill which is to be
introduced in the Legislative Council
of Antigua, is circulated with this
Gazette and forms part thereof:-
"The Workmen's Compensation
Ordinance, 1955."

ACQUISITION OF LAND.
Notice required under Section
4 of the Land Acquisition
Act, 1944 (No. 11/1944).


NOTICE IS HEREBY GIVEN
that it appears to the Governor in
Council that the lands described in
the Schedule hereto and situate at
Liberta in the Parish of Saint Paul
in the Island of Antigua are likely to
be needed for purposes which in the
opinion of the Governor in Council
are public purposes, namely to erect
thereon a School, Health Centre,
Nurses Quarters and amenities, AND
that it is necessary to make a prelim-
inary survey of the said land.

SCHEDULE.

A piece or parcel of land contain-
ing approximately 20 acres situate in
the village of Liberta in the Parish of
Saint Paul in the Island of Antigua
and owned by the following, Stephen
.R. Mendes, James Frederick, Berkeley
Jarvis, Robert Joseph, Antigua Trades
and Labour Union, Ellis Ferrence
and Charles Titus.

Dated the 19th day of September,
1955.
F. A. CLARKE,
Ag. Clerk of the Council.

Administrator's Office,
St. John's,
Antigua.
Ref. No. A. 46/64.


ACQUISITION OF LAND.

Notice required under Section
4 of the Land Acquisition
Act, 1944 (No. 11/1944).
NOTICE IS HEREBY GIVEN
that it appears to the Governor in
Council that the lands described in
the Schedule hereto and situate at
John Hughes in the Parish of Saint
Mary in the Island of Antigua are
likely to be needed for purposes
which in the opinion of the Governor
in Council are public purposes,
namely, for housing purposes, AND
that it is necessary to make a prelim-
inary survey of the said land.

SCHEDULE.

A piece or parcel of land contain-
ing approximately 8 acres forming
part of land owned by John Richard
Francis known as Mill Hill Estate
and situate at John Hughes in the
Parish of saint Mary in the Island of
Antigua.
Dated the 19th day of September,
1955.
F. A. CLARKE,
Ag. Clerk of the Cornoil.

Administrator's Office,
St. John's,
Antigumi.
Ref. No. A. 46/82.

In the Supreme Court of the
Windward Islands and
Leeward Islands,
ANTIGUA CIRCUIT.
A. D. 1955.

Notice is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts) Order in Council,
1939, and duly approved as therein
provided on the 16th day of October
A.D. 1941, the Honourable the Puisne
Judge selected for the sitting of the
Court in the Antigua Circuit has
appointed the day of the month on
which the ensuing Circuit Court shall
sit as follows, that is to say:-
The Antigua Circuit on Monday
the 3rd October, 1955, at 10 o'clock
in the forenoon.
Dated the 19th day of September,
1955.
CECIL O. BYRON,
Ag. Registrar of the Supreme Court.

In the Supreme Court of the
Windward Islands and
Leeward Islands.
MONTSERRAT CIRCUIT.
CIRCUIT COURT NOTICE.

NOTICE IS HEREBY GIVEN
that in pursuance of Rules made by
the Chief Justice under section 16 of
the Windward Islands and Leeward
Islands Courts Order in Council,


1939, on the 24th day of September,
1941, as amended, the Honourable the
Puisne Judge selected for the sitting
of the Court in the Montserrat Circuit
has appointed the undermentioned
day on which the ensuing Circuit
shall sit in the Presidency, that is to
say:-
On Monday the 3rd day of Octo-
ber, 1955 at 11.00 o'clock in the
forenoon.

J. D. B. RENWICK,
Acting Registrar, Montserrat Circuit.
Registrar's Office,
Montserrat,
6th September, 1955.


Re death of Anderson Browne,
late of Fountain Estate, in the
island of Saint Christopher
a workman lately employed
at Fountain Estate which
death occurred on the 26th
day of May, 1955 at the
Cunningham Hospital in the
town of Basseterre, in the
island of Saint Christopher.
COMPENSATION in the above
matter having been deposited with
me under Section 8 of the Work-
men's Compensation Act, the Depen-
dants of the said ANDERSON
BROWNE, deceased, are hereby
required to appear before the
Commissioner on Saturday the 8th
day of October, 1955 at 10 o'clock in
the forenoon at the Court House,
Basseterre, when the Commissioner
will proceed to determine the
distribution thereof.
PROOF of relationship of depen-
dants 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 circumstances
be necessary.
A CLAIMANT for funeral ex-
penses of the deceased must submit
and prove his claim to the Registrar
before the 7th day of October 1955.

Dated the 17th day of September,
195.5.

A. R. MEADE,
Acting Registrar of the Supreme
Court,
Saint Christopher Circuit.
Ref. No. 36/00004.

IT IS HEREBY NOTIFIED for
general information that as from the
27th July, 1955, occupational forces
travel permits, (Grey cards) will, with
the following exceptions, no longer
be required by British subjects travel-
ling to any destination in Austria:

(a) Members of the occupation
forces, including military personnel
on temporary visits in an official
capacity; and


[29 September, 1955.


156









THE LEEWARD ISLANDS GAZETTE.


(b) Members of the Allied Com-
mission for Austria, who will
require travel permits until the
withdrawal is complete.
The following categories of British
subjects will be permitted to enter
Austria without visas:
(i) Holders of United Kingdom
passports;
(ii) holders of passports issued by
United Kingdom Consulates;
and
(iii) citizens of other Commonwealth
countries which have con-
cluded a visa-abolition agree-
ment with Austria.
Administrator's Ofice,
Antigua.
Ref. No. A. 57/11.

Statement of Currency Notes
Circulation in the British
Caribbean Territories (East-
ern Group) on 1st Septem-
ber, 1955.


Average circulation
1955:-
Br. Caribbean Cur-
rency Notes
Demonetized Gov't.


during July,

$
54,414,382.00


Notes outstanding 1,366,451.00

55,780,833.00

Br. Caribbean Currency Notes in
circulation on 1st September,
1955:
Trinidad & Tobago
(including
Montserrat) ... 27,582,905.00
Barbados ... 5,332,625.00
British Guiana ... 13,876,229.50
Grenada ... 1,939,100.00
St. Vincent ... 504,400.00
St. Lucia ... 934,000.00
Dominica ... 1,061,400.00
Antigua ... 1,544,300.00
St. Kitts ... 1,519,500.00


Total Br. Caribbean
Currency Notes ...

Demonetized Trinidad
and Tobago Gov't.
Notes outstanding ...
Demonetized Br.
Guiana Gov't.
Notes outstanding ...
Demonetized Barbados
Gov't. Notes
outstanding ...

Total demonetized
Government Notes
outstanding ...


54,294,459.50



914.753.00


NOTICE TO MARINERS.


Antigua, B.W.I.-Bell Buoy

Moored.
The Bell Buoy which had been
removed for repairs has been replaced
near to the southwest extremity of
Warrington Bank in the St. John's
road stead.

E. H. BLANCHARD,
Harbour Master.
10th September, 1955.


Marine Marker-Burt Point.
The Burt Point Light is situated at
latitude 180 24' 57" North, longitude
640 36' 40.6" West or approximately
200 yards due east of Burt Point at
the entrance to Road Harbour,
Tortola, British Virgin Islands. The
light gives a white single flash at the
rate of 20 flashes per minute, with an
effective range in clear weather con-
ditions of about 5 miles. The light
will be put in operation on Monday,
the 26th September, 1955.

The Secretariat,
Antigua.
15th September, 1955.
Ref. No. 70/00001.


Regional Economic Committee
of the British West Indies,
British Guiana and British
Honduras.
The Regional Economic Committee
invites applications from suitably
qualified persons for the following
post:
ASSISTANT TRADE COMMISSIONER
(STUDENTS) FOR THE BRITISH
WEST INDIES, BRITISH GUIANA
AND BRITISH HONDURAS IN
CANADA


at an annual salary in the scale
$3,600x150-$4,800 Can. plus a
318,586.50 house allowance of $1,200 Can. per
annum. Passages on assumption and
termination of appointment for the
87,293.0C Assistant Trade Commissioner and
family up to five in all from the
place of engagement will be paid by
the Committee.


1,320,632.50


Total circulation
on 1st Sept., 1955 55,615,092.00

L. SPENCE,
Executive Commissioner,
British Caribbean
Currency Board.

British Caribbean Currency Board,
Treasury Chambers,
Port of Spain,
Trinidad, B. W.I
No. 24/00044


The post does not at present carry
pension or superannuation rights.
The appointment will be for a period
of three years in the first instance.

Candidates should be University
graduates preferably with experience
of University life in Canada. Prefer-
ence will be given to West Indians.
The Assistant Trade Commissioner
will be required to perform the duties
of students liaison officer and will be
under the general supervision of the


Trade Commissioner for the British
West Indies, British Guiana and
British Honduras in Canada, in whose
offices in Montreal the student liai-
son headquarters will be located.
The Committee reserves the right
to fill the post by invitation if no
suitable application is received.

Applications furnishing full details
of candidate's education, special
qualifications and experience, together
with supporting documents and
names of two referees, should be
addressed to the Executive Secretary,
Regional Economic Committee, Hast-
ings House, Barbados, to reach him
by 19th October, 1955.


Regional Economic Committee
of the British West Indies,
British Guiana and British
Honduras.
The Regional Economic Committee
invites applications from suitably
qualified persons for the following
post:

BRITISH CARIBBEAN STUDENTS
LIAISON OFFICER IN THE U.S.A.
at an annual salary in the scale of
$4,400 x240-$5,120 (U.S.) A repre-
sentation allowance of $1,400 (U.S.)
per annum and a House allowance of
$1,4 0 per annum are payable.
Passages on assumption and termina-
tion of appointment for the Liaison
Officer and family up to five in all
from and to the place of engagement
will be paid.

2. The post does not at' present
carry pension or superannuation
rights. The appointment will be for
three years in the first instance.
3. Candidates should be Univer-
sity graduates conversant with experi-
ence of life and the educational
system in the U.S.A. and should
preferably have attended a U.S.A.
University.

4. The duties of the post include
advising students generally, in secur-
ing places for them in approved
universities, and in evaluating of
U.S.A. degrees in relation to their
equivalent in the United Kingdom
for purposes of recruitment to service
in the British Caribbean territories.
The Liaison Officer will keep Govern-
ments informed of educational devel-
opments in North America and keep
students in touch with employment
opportunities in the West Indies.
5. The Officer will be responsible
to British Caribbean Governments for
the execution of his duties but in the
matter of local discipline and admin-
istration, responsible to the U.K.
Colonial Attach6 in Washington. He
will also be required to assist the
Colonial Attach6 as occasion demands
in the execution of certain of his
routine duties relating to the West
Indies.


29 September, 1955.]










THE LEEWARD ISLANDS GAZETTE.


6. Headquarters will be in Wash-
ington under the aegis of the British
Embassy.

7. Applications furnishing full
details of candidate's education,
special qualifications and experience,
together with supporting documents
and names of two referees, should be
addressed to the Executive Secretary,
Regional Economic Committee, Hast-
ings House, Barbados to reach him
before the 19th October, 1955.

-8. The Committee reserves the
right to fill the post by invitation if
no suitable application is received.


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

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

Dated the 21st day of September,
1955.
E. M. V. JAMES, Lt.-Col.,
Traffic commissioner.
Ref. No. 26100004


RAINFALL FIGURES.

Central Experiment Statior;.

A ntigua.


Jan.
Feb.
Mar.
Apr.
May
June
July
Aug.
Sept. 24th


1951.
3.60
1.68
1.09
2.16
10.54
2.74
3.28
9.18
5.75


1953. 1951. 1955.
2.55 3.44 2.16
1.02 2.45 .68
5.60 1.08 .83
2.06 .49 1.75
1.50 3.83 2.81
1.31 3.32 1.47
3.20 3.47 2.13
3.15 5.93 8.25
1.88 8.51 3.84


40.02 40.39 22.27 32.52 23.92


GOVERNMENT SAVINGS BANK STATISTICS.

LEEWARD ISLANDS.

All figures in British West Indian dollars.

Number of reporting banks: 4.

Figures for end of quarter 30tli:June, 1955.


LIABILITIES.

1. Notes in circulation


2. Deposits
(i) Demand
(ii) Time
(iii) Savings


Nil.
Nil.
2,279,597.20


3. Balances due to
(a) Other banks in Colony
(b) Banks abroad


4. Other Liabilities


$
Nil.

2,279,597.20





Nil.
Nil.


23,738.20


ASSETS.

1. Cash in Treasury
2. Balances due by other banks in Colony
3. Balances due from banks abroad
and other short claims
4. Loans and Advances


5. Investments

(a) Local
(b) Other

6. Other Assets


Total Liabilities


269,473.16
1,928,240.95


11,068.72



2,303,335.40


$
94,552.57
Nil.

Nil.
Nil.

2,197,714.11


Total Assets


-"


[29 September, 1955.


160


2,303,335.40









29 September, 1955.] THE LEEWARD ISLANDS GAZETTE. 161

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.

On appeal from Magistrate District "C ".
SAINT CHRISTOPHER.



No. 12 of 1955: A. A. M. HILL Respondent
vs.
DOREEN LAKE Appellant

No. 13 of 1955: A. A. M. HILL Respondent
vs.
EDWARD RICHARDS Appellant

No. 14 of 1955: A. A. M. HILL Respondent
vs.
OLIVER FOSTER Appellant

No. 15 of 1955: A. A. M. HILL Respondent
vs.
JOHN ESDAILLE Appellant

JUDGMENT.

In these cases the learned Magistrate failed, as required by Section 99 of Cap. 61, to draw up convictions,
contenting himself with filing in each case what on its face appeared to be a certified copy of the entry in the Register
of the Magistrate's Court, which entry, inter alia had in one column an adjudication as to the conviction and sentence
of the Defendant.
On a preliminary objection that no conviction appeared on the record it was argued by the Appellant that
the certified copy of the entry of the conviction was filed by the Magistrate to take the place of the formal conviction
required by Cap. 61 and is bad in form as not showing the jurisdiction of the Court and that the conviction, if it be so
regarded, is bad and should be set aside.
A conviction is a judgment of the Court not existing until it is drawn up, and unlike an order on complaint
it can be completed or amended on an appeal. (Rex v. The Justices of Cheshire 5 B. and A. 439.)
I hold that there are really no forms of conviction drawn up in these cases, and not convictions in improper
or inadequate form. There is no conviction filed, and before the appeals can be considered on their merits the cases
should be remitted to the Magistrate with instructions that proper convictions be drawn up in each case.
The Magistrate is therefore ordered in each case above to file a conviction in proper form and that the
.appeals be then replaced on the calendar for argument at a later date,

Costs to the appellant of 2 2. 0. in each case in any event.

Dated the 30th day of August, 1955.

SYDNEY T. CHRISTIAN,
Acting Puisne Judge.
Ref. No. 36/00004.









THE LEEWARD ISLANDS GAZETTE.


IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.

In the Magistrate's Court District "C ".
PRESIDENCY OF ST. CHRISTOPHER-NEVIS-ANGUILLA.
On appeal to a Judge of the Supreme Court.


No. 3 of 1955.

CATALINE WILLIAMS VS. JAMES WILLIAMS.



This is an appeal by the Defendant-Appellant, the husband, from an Order made by the learned
District Magistrate for District C by which he ordered the Defendant-Appellant to pay to the Plaintiff-Respondent
a sum of $1.00 weekly for the maintenance of a child of the marriage between the parjics.
The charge before the learned Magistrate as appearing on the record on appeal was to show cause why
you should not be adjudged to have deserted your child of a marriage, and be ordered to pay towards the
maintenance thereof such sum or sums which to the Court seems meet."

No section or sub-section of any Act under which the charge was brought was cited, but there is no section
of any act dealing with orders for maintenance of a wife and children other than section 130 of Cap. 61 of the
Federal Acts of the Leeward Islands as substituted by section 11 of the Magistrate's Code of Procedure (Amendment)
Act No. 13 of 1954.

In that Act a married woman is given the right to apply for an Order against her husband (inter alia) if
the husband
(a) has deserted the applicant
(f) being under a duty to provide reasonable maintenance for the applicant and the children of the
applicant has wilfully neglected or refused to do so."

Apparently no complaint of desertion of the wife was made and no application made by her for an Order for
herself or for the maintenance of the child based on his wilful neglect or refusal to provide reasonable maintenance
for the wife and the infant child. Indeed the record shows that the wife left her husband of her own accord
(cross-examination of Cataline Williams) and the husband had paid no money for the maintenance of herself or her
child since she left him. Apparently on the authority of Starkie v Starkie (No 2)(1953) 2 A. E. R. 1519 if complaint
had been made on the husband's desertion of the wife even if their separation had been on a consensual basis, the
Court would have had the power to make a nominal award to the wife and an award to the child of a reasonable sum.

The grounds given in this case by the husband for his failure to support the wife was that she had
admitted that she had committed adultery and his belief that the child born in 1951 and supported by him as his child
up to the date of the separation in 1954, was not really his offspring. I am satisfied that on a proper complaint for
the support of herself and the child even if all the facts given in testimony in the husband's behalf were accepted,
the presumption of the child being his, and being thus entitled to be supported by the husband, would not have been
overcome, and an Order would have had to be made on the husband to support the child. Adultery of the wife
would not remove his liability to support the child born of the union.

The question however still remains as to whether an Order can be made based on the desertion of the child
alone and I can find no such basis for an Order in any part of section 130. I draw attention to the wording of
section 130 (1) (f)

"being under a duty to provide reasonable maintenance for the applicant (wife) and the children
of the applicant."
There is of course a liability on the husband to support the wife if he has proved to have deserted her, but
none based on the desertion of a child of the marriage.
Under the circumstances therefore the appeal must be allowed on this ground. As this point was not
raised or argued before the learned Magistrate I make no Order as to Costs.

Dated the 29th day of August, 1955.
S. T. CHRISTIAN,
Acting Puisne Judge.
Rof. No. 36/00004.






ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E. M. BLACKMAN,
Government Printer.-By Authority
1955.
[Price 8 wcnt4]


[29 September, 1955.





No. of 1955, WVorkmeun's Compensation.


ANTIGUA.

No. of 1955.

An Ordinance to provide for the payment of
compensation to workmen for injuries suffered
in the course of their employment.

ENACTED by the Legislature of Antigua
as follows:-
1. This Ordinance may be cited as the Short title.
Workmen's Compensation Ordinance, 1955.

2. (1) In this Ordinance, unless the context' Interpreta-
otherwise requires:- tion.
dependantss means such of the members of
a workman's family as were wholly or
mainly dependent upon the wages of the
workman at the time of his death, or
would but for the incapacity due to the
accident have been so dependent, and
where the workman, being the parent or
grandparent of an illegitimate child,
leaves such a child so dependent upon
his wages or, being an illegitimate child,


3t7 -7
iLf


ANTIGUA.






ANTIGUA. 2 Workmen's Compensation.


leaves a parent or grandparent so depen-
dent upon his wages, shall include such
an illegitimate child and parent or
grandparent respectively:

Provided that a person shall not
be deemed to be mainly dependent on the
wages of another person unless he was
dependent mainly on contributions from
that other person for the provision of
the ordinary necessaries of life suitable
for persons in his class and position;

"employer" includes Her Majesty in Her
Government of the Presidency and any
person or body of persons corporate or
unincorporated and the legal personal
representative of a deceased employer,
and, where the services of a workman are
temporarily lent or let on hire to another
person by the person with whom the
workman has entered into a contract of
service or apprenticeship, the latter shall
for the purposes of. this Ordinance, save
as is provided in subsection (1) of section
23, be deemed to continue to he the
employer of the workman whilst he is
working for that other person.

In relation to a person engaged in
plying for hire with any vehicle, the use
of which is obtained by that person under
a contract of bailment (other than a hire
purchase agreement) the person from
whom the use of the vehicle or vessel is
so obtained shall be deemed to be the
employer.

In relation to a person, employed
for thepurposes of any game or recreation
and engaged or paid by a club, the
manager or members of the managing
committee of the club shall, for the
purposes of this Ordinance, be deemed to
be the employer;


No. of 19.55.






No of 1955. Workmen's Compensation. 3 ANTIGUA.

"manager" in relation to a ship means the
ship's husband or other person to whom
the management of the ship is entrusted
or by or on behalf of the owner;

"medical practitioner" means a person regis-
tered to practise medicine and surgery
under the Medical Act, 1937; 3111937.

"medical referee" means a medical practi-
tioner appointed under section 47 as a
medical referee for the purposes of this
Ordinance;
member of a family means wife or husband,
father, mother, grandfather, grandmother,
stepfather, stepmother, son, daughter,
grandson, granddaughter, stepson, step-
daughter, brother, sister, half-brother,
half-sister and shall include any child or
children, not specifically mentioned, living
with the deceased at the time of his death
and wholly or mainly dependent on his
earnings; and such other person as was
at the time of the injury living in the
household of the worker and was wholly
or mainly dependent on his earnings;

partial incapacity means, where the incapa-
city is of a temporary nature, such in-
capacity as reduces the earning capacity
of a workman in any employment in
which he was engaged at the time of the
accident resulting in the incapacity, and,
where the incapacity is of a permanent
nature, such incapacity as reduces his
earning capacity in every employment
which he was capable of undertaking at
that time:
Provided that every injury specified
in the Schedule shall be deemed to result
in permanent partial incapacity;

"ship ", "vessel", "seaman" and "port"
shall have the same meaning as in the
Merchant Shipping Act, 1894;






ANTIGUA. 4 Workmen's Compensation.


"total incapacity" means such incapacity
whether of a temporary or permanent
nature, as incapacitates a workman for all
work which he was capable of performing
at the time of the accident resulting in
such incapacity:
Provided that permanent total inca-
pacity shall be deemed to result from the
permanent total loss of the sight of both
eyes or from any combination of injuries
specified in the Schedule where the
aggregate percentage of the loss of
earning capacity, as specified in the
Schedule against these injuries, amounts
to one hundred per centum;
"Schedule" means the Schedule to this
Ordinance;
"section" means a section of this Ordinance;
"wages" includes any privilege or benefit
which is capable of being estimated in
money, other than a travelling allowance
or the value of any travelling concession
or a contribution paid by the employer of
a workman towards any pension or
provident fund or a sum paid to a
workman to cover any special expenses
entailed on him by the nature of his
employment, or remuneration for overtime
not habitually performed or remunerated
at a special rate;
"workman ", subject to the exceptions here-
inafter mentioned, means any person who
has entered into or works under a contract
of service or apprenticeship with an
employer, whether by way of manual
labour, clerical work or otherwise, and
whether the contract is expressed or
implied, is oral or in writing and whether
the remuneration is calculated by time or
by work done:
Provided that the following persons
shall be excepted from the definition of
workman, that is to say-


No. of 1955.






No. of 1965. Workmen's Compensation. 5. ANTIGUA.

(a) any person whose remuner-
ation exceeds two thousand five
hundred dollars a year or such sum
as may from time to time .by Order
be fixed by the Governor in Council;

(b) a person whose employment
is of a casual nature and who is
employed otherwise than for the
purposes of the employer's trade or
business, not being a person em-
ployed for the purposes of any game
or recreation and engaged or paid
through a club;

(c) an outworker, that is to
say, a person to whom articles or
materials are given out to be made
up, cleaned, washed, altered, orna-
mented, finished or repaired or
adapted for sale in his own home or
on other premises not under the
control or management of the person
who gave out the articles or
materials;
(d) a member of the employer's
family dwelling in his house;

(e) members of the Leeward
Islands Police Force, including
special and additional constables, and
local constables;

(f) a domestic servant em-
ployed in any private residence;

(g). a person in the civil em-
ployment of Her Majesty otherwise
than in Her Government of the
Presidency, who has been engaged
in a place outside the Presidency;

(h) a person in the naval,
military or air service of the Crown.






ANTIGUA. 6 Workmen's Compensation.


(2) Any reference to a wprkman who has
been injured shall, where the workman is dead,
include a reference to his legal personal representa-
tive or to his dependants or other person to whom
or for whose benefit compensation is payable.
(3) If on any proceedings for the recovery of
compensation under this Ordinance it appears to
the court by whom the claim to compensation is to
be settled that the contract of service or apprentice-
ship under which the injured person was working
at the time when the accident causing the injury
happened, was illegal, the court may, if having
regard to all the circumstances of the case it thinks
proper so to do, deal with the matter as if the
injured person had at the time aforesaid been a
person working under a valid contract of service or
apprenticeship.
COMPENSATION.
Employers' 8. (1) If in any employment a workman
liability for suffers personal injury by accident arising out of
and in the course of such employment his employer
shall be liable to pay compensation in accordance
with the provisions of this Ordinance:
Provided that where an accident arises out of
employment, it shall be presumed, unless the
contrary is shown, to have occurred in the course
of the employment, and where the accident
occurred in the course of the employment, it shall
be presumed unless the contrary is shown, to have
arisen out of the employment:
Provided further that the employer shall not
be so liable under this Ordinance for such compen-
sation should-
(a) the injury not incapacitate the work-
man whether totally or partially for a period
of at least three consecutive calendar days;
(b) the accident be proved to be attribu-
table to the workman's own serious and
wilful misconduct which shall include:-
(i) his being under the influence
of drugs or intoxicating drink;
or


X0 f 1010.






Worktmen's Compensation.


(ii) a contravention of any law,
regulation or order, whether
statutory or otherwise, expressly
made for the purpose of ensur-
ing the safety or health of
workmen, or of preventing
accidents to workmen, if the
,contravention was committed
deliberately or with a reckless
disregard of the terms of such
law, regulation or order; or
(iii) the wilful removal or disregard
by the workman of any safety
guard or other device which he
knew to have been provided for
the purpose of securing the
safety of workmen; or
(iv) any other act or omission which
the court may, having regard
to all the circumstances of an
accident, declare to be serious
and wilful misconduct;
(c) it be proved that the accident would
not have occurred, or in so far as the incapa-
city or death would not have been caused, but
for a pre-existing diseased condition of the
workman;
(d) death or incapacity result from per-
sonal injury if the workman has at any time
represented to the employer that he was not
suffering from that or a similar injury, know-
ing that the representation was false.
(2) An accident resulting in the death or
total and permanent disablement of a workman
shall be deemed to arise out of and in the course of
his employment and the employer shall be liable to
pay compensation notwithstanding that the work-
man was at the time when the accident happened
acting in contravention of any statutory or other
regulation applicable to his employment, or of any
orders given by or on behalf of his employer, or
that he was acting without instructions from his
employer, if such act was done by the workman for


7 ANTIGUA.


No. of 1955..







ANTIGUA. 8 Workmen's Compensation.


Accidents
happening
while meeting
emergency.










Employers
not liable in
certain cases.






Liability of
employer for
expenses of
conveyance
to place of
treatment
and for other
expenses of
treatment.


the purposes of and in connection with his
employer's trade or business.
4. An accident happening to a workman in
or about any premises at which he is for the time
being employed for the purposes of his employer's
trade or business, shall be deemed to arise out of
and in the course of his employment and the
employer shall be liable to pay compensation, if the
accident happens while he is taking steps on an
actual or supposed emergency at these premises, to
rescue, succour or protect persons who are, or are
thought to be or may possibly be, injured or
imperilled, or to avert or.minimise serious damage
to property.
5. Notwithstanding anything in this Ordi-
nance, no compensation shall be payable under this
Ordinance in respect of any injury directly or
indirectly sustained as a result of war, invasion, act
of foreign enemies, hostilities or warlike operations
(whether war is declared or not) civil war, mutiny,
insurrection, rebellion, revolution, conspiracy or
or military or usurped power.

6. (1) In every case where injury arising
out of and in the course of his employment has
been sustained by a workman the employer shall
irrespective of whether the workman is disqualified
for compensation under the provision of paragraph
(a) of subsection (1) of section 3 be liable to pay
to the workman or to any other person advancing
the same, the reasonable expenses of conveying,
where necessary, the injured workman from the
place of the accident to the place of treatment and
thence to his residence.
(2) Where medical treatment or examination
is immediately required as a result of bodily injury
(including fatal injury) to a workman arising out
of and in the course of his employment and the
treatment or examination so required (in this
section referred to as emergency treatment") is
effected by a medical practitioner, the employer
shall irrespective of whether the workman is
disqualified for compensation under the provision
of paragraph (a) of subsection (1) of section 3 be
liable to pay to the practitioner-


No. of 1965.






No. of 1955. Workmen's Compensation. 9 ANTIGUA.

(a) a fee prescribed by Regulations made
under this Ordinance in respect of each work-
man in whose case the emergency treatment is
effected by the practitioner, and
(b) a sum in respect of any distance
which the practitioner must cover in order to
proceed from the place whence he is summoned
to the place where the emergency treatment is
carried out by him and to return to the first
mentioned place, equal to the travelling
allowance paid by Government to officers in
the employment of Government:
Provided that the minimum sum to
which the medical practitioner shall be entitled
shall not in any case be less than the amount
to which the practitioner would be entitled had
he travelled a distance of two miles.
(3) The employer shall, irrespective of
Whether the workman is disqualified for compensa-
tion under the provision of paragraph (a) of
subsection (1) of section 3, be liable to pay to the
workman or to any other person providing the
same the reasonable cost, charges and expenses
(which shall include travelling expenses necessary
as a result of periodic medical treatment prescribed
by a medical, practitioner and also expenses
incurred by the workman in establishing his claim
to compensation, provided he does so successfully)
in respect of any medical treatment given to the
workman in consequence of any personal injury
sustained by him and arising out of and in the
course of the workman's employment by that
employer, such cost, charges and expenses being
adjusted to the workman's station in life and his
actual physical condition occasioned by the injury.
7. (1) The compensation shall be payable To whom
to or for the benefit of the workman, or where compensation
death results from the injury, to or for the benefit
of his dependants, as provided by this Ordinance.
(2) Where there are both total and partial
dependants nothing in this Ordinance shall be
construed a:. preventing the compensation being
allotted partly to the total and partly to the
partial dependants.






ANTIGUA. 10 Workmen's Compensation. Xno.


Amount of 8. (1) Subject to the provisions of this
compensation. Ordinance, the amount of compensation shall be as
follows, namely:-

(a) where death results from the injury
and-
(i) the workman leaves a defendant
or dependants wholly dependent
upon his earnings, a sum equal
to forty-two months' wages or
five thousand dollars whichever
is the less;

(ii) the workman does not leave a
dependant or dependants wholly
dependent upon his earnings
but leaves a dependant or de-
pendants mainly so dependent,
such sum not exceeding the
amount of compensation pay-
able under the preceding sub-
paragraph as may be agreed
upon, or in default of agreement
as may be awarded by the
court to be reasonable and
proportionate to the injury to
the said dependent or depen-
dants;

(b) where permanent total incapacity
results from the injury-

(i) in the case of an adult, a sum
equal to fifty-four months'
wages or six thousand dollars
whichever is the less;

(ii) in the case of a minor, a sum
equal to one hundred and eight
months' wages or six thousand
dollars whichever is the less;

(c) where permanent partial incapacity
results from the injury-


of 1955.






No. of 1955. Workmen's Compensation. 1i

(i) in the case of an injury specified
in the Schedule such percentage
of the compensation which
would have been payable in the
case of permanent total incapa-
city as is specified therein as
being the percentage of the loss
of earning capacity caused by
that injury; and

(ii) in the case of an injury not
specified in the Schedule, such
percentage of the compensation
payable in the case of perma-
nent total incapacity as is
proportionate to the loss of
earning capacity permanently
caused by the injury:

Provided that such com-
pensation may be increased
having regard to the nature of
the injury sustained in relation
to his type of work and other
circumstances.

Where more injuries than one are caused by
the same accident, the amount of compensation
payable under this head shall be aggregated, but
not so in any case as to exceed the amount which
would have been payable if total incapacity had
resulted from the injuries;

(d) where temporary incapacity, whether
total or partial, results from the injury, a
weekly payment payable as from the eighth
day of the incapacity and thereafter weekly
during the incapacity or during a period of
five years, whichever is shorter, based on the
following scale:-

(i) where the workman's wages
are fifty dollars per month
or less, one hundred per centum
of the full wages of a month;


ANTIGUA.






Workmen's Compensation. No.


(ii) where the workman's wages
exceed fifty dollars per month
but do not exceed seventy-five
dollars per month, seventy-five
per centum of the full wages of
a month, with a minimum of
fifty .dollars;
(iii) where the workman's wages
exceed seventy-five dollars per
month but do not exceed one
hundred dollars per month,
sixty-six and two-thirds per
centum of the full wages of a
month with a minimum of
fifty-seven dollars;
(iv) where the workman's wages
exceed one hundred dollars per
month, fifty per centum of the
full wages of a month, with a
minimum of sixty-seven dol-
lars:
Provided that if the incapacity lasts les. than
twelve days no compensation shall be payable in
respect of the first three days.
(2) The period of incapacity shall be deemed
to commence on the day of the accident.
(3) In the event of permanent total incapacity
following temporary incapacity no deduction shall
be made from any lump sum payable in respect of
such permanent total incapacity by reason of
weekly payments having been made during tempo-
rary incapacity.
(4) No weekly payment shall in any case
exceed the difference between the.amount of the
wages of the workman before the accident and the
amount of such wage as he is earning or is able to
earn during the period of incapacity in some suitable
employment or business after the accident.
(5) On the ceasing of the incapacity before
the date on which any weekly payment falls due,
there shall be payable in respect of that period a
sum proportionate to the duration of the incapacity
in that period.


ANTtGUA. 12


of 1955.





/
No. of 1955. Workmen's Compensation. 13 ANTIGUA.

9. (1) Where in the opinion of a medical Additional
practitioner a workman's temporary incapacity, oinjred'io
whether total or partial is such that he requires the workman to
constant assistance of another person during his efray ost
incapacity, additional compensation shall be paid during tem-
to the workman during such incapacity at a rate porary inca
being not less than one-half of the rate prescribed aci
in section 8.

(2) Before any person is employed to assist a
workman under subsection (1) of this section the
opinion of a medical practitioner shall be sought as
to the nature of the assistance required and the
probable duration thereof.

10. (1) Subject as hereinafter provided, Snpplemen-
where any male workman is entitled to a weekly sa to ork-
payment by way of compensation under this man entitled
Ordinance, he shall be entitled, for each week in to weekly
respect of which he is entitled to the weekly
payment-

(a) in the case of such a workman who
has a wife who was married to him at the
time of the accident, to a supplementary
allowance in respect of her at a rate not
exceeding one dollar and twenty cents a
week; and
(b) in the case of such a workman who
has children under the age of fifteen years,
to a supplementary allowance in respect of
each child (not being an illegitimate child) at
a rate not exceeding one dollar and twenty
cents a week, and in respect of an illegitimate
child living with the workman at the time of
the accident, at a rate not exceeding sixty
cents a week:
Provided that a child who-
(i) has attained the age of fifteen
years; and
(ii) was, when he attained that age,
a child receiving full-time in-
struction in a school,







WI,rklmen's Compensation.


shall be treated for the purposes of this
paragraph as if he did not attain that age
until the date on which he ceases to be a child
receiving full-time instruction as aforesaid or
on the 31st day of July next following the
day on which he attains the age of sixteen
years, whichever is the earlier date.
(2) Where the weekly payment is in respect
of permanent total incapacity or equals the amount
which would-be payable to the workman in the case
of permanent total incapacity resulting from the
injury, any such allowance shall be the maximum
allowance specified in the foregoing subsection, and
in any other case shall bear the same proportion to
the maximum allowance as the weekly payment
bears to the amount of the weekly payment which
would be payable to the workman in the case of
permanent total incapacity:
Provided that the total amount of the supple-
mentary allowances payable in respect of any
weekly payment shall not exceed such sum as
would together with the said weekly payment,
amount-
(a) in the case of total incapacity, to
seven-eighths of the average weekly earnings
of the workman before the accident, calculated
in like manner as for the purpose of ascertain-
ing the weekly payment; or
(b) in the case of partial incapacity, to
seven-eighths of the difference between the
amount of the said average weekly earnings of
the workman before the accident and the
average weekly amount which he is earning or
is able to earn in some suitable employment or
business after the accident.
Anry reference in this subsection to the average
weekly earnings of the workman before the
accident shall be construed, in a case where the
amount of the weekly payment is increased as a
result of a review under section 13, as a reference
to the weekly sum which he would probably have
been earning at the date of the review if he had
remained uninjured.


ANTIGUA. 14~


No. of 1955.






Workmen's Compensation. 15


(3) The supplementary allowances shall be
deemed to be part of the said weekly payment for
all purposes except the calculation of the compen-
sation payable in a case where death results from
the injury and the allowances shall accordingly
be payable by the employer liable to make the
weekly payment.
11. (1) Where an accident arising out of and Artificial
in the course of his employment has caused the loss 'lb"p att
of a limb or other mutilation and the supply of
artificial member or members and apparatus
(excluding dental appliances and artificial eyes)
will improve the earning capacity of an injured
workman, such artificial member or members and
apparatus shall be provided at the expense of the
employer and the rate of compensation payable
shall be reduced in proportion to the improvement
in earning capacity resulting from the use of the
artificial member or members and apparatus.
(2) The court may order an employer to pay
for the replacement or repair of artificial member
or members and apparatus damaged as a result of
an accident, arising out of and in the course of a
workman's employment by that employer.
12. (1) For the purposes of section 8 the Method of
monthly wages of a workman shall be calculated as Cagating
follows, namely:-
(a) where the workman has, during a
continuous period of not less than twelve
months immediately preceding the accident,
been in the service of the employer who is
liable to pay compensation, the monthly wages
of the workman shall be one-twelfth of the
total wages which have fallen due for payment
to him by the employer in the last twelve
months of that period;
(b) in other cases, the monthly wages
shall be thirty times the total wages earned in
respect of the last continuous period of service
immediately preceding the accident from the
employer who is liable to pay compensation,
divided by the number of days comprising
such period:


No; of 1955.


ANTIGUA.






ANTIGUA. 16 Iflorkmen's Compensation.


Provided that-
(i) where by reason of the shortness
of the time during which the
workman has been in the
employment of an employer or
the casual nature of the em-
ployment, or the terms of the
employment, it is impracticable
at the date of the accident to
compute a rate of remuneration
which would be representative
of the workman's average
monthly, earnings, regard may
be had to the average monthly
amount which, during the
twelve months previous to the
accident, is being earned by a
person of average diligence or
ability in the same category
employed at the same work by
the same employer, or, if there
is no such person so employed,
by such a person in the same
category employed in the same
class of employment and in the
same district;
(ii) where in any case it seems more
equitable compensation may be
awarded, having regard to the
earnings of the workman at the
time of the accident.

(2) A period of service shall, for the purpose
of this section, be deemed to be continuous which
has not been interrupted by the period of absence
from work exceeding fourteen days.

Review 18. (1) Any weekly payment payable under
of weekly this Ordinance either under an agreement between
payments. .
the parties or under an order of a court may be
reviewed by a court on the application either of the
employer or of the workman if-
(a) where the review takes place more
than six months after the accident, it is claimed
and proved that, had the workman remained


No. of 1955.






No. of 1955. Workmen's Compensation. 17 ANTIGUA.
uninjured and continued in the same class of
employment as that in which he was employed
at the date of the accident, his average monthly
earnings during the twelve months immediate-
ly preceding the review would, as a result of
fluctuations in rates of remuneration, have
been greater or less by more than twenty per
cent. than his average monthly earnings during
the twelve months previous to the accident
(or if the weekly payment has been previously
varied on a review during the twelve months
previous to that review or the last of such
reviews), the weekly payment shall be varied
so as to make it such as it would have been if
the rates of remuneration obtaining during the
twelve months previous to the review had
obtained during the twelve months previous
to the accident;

(b) there has been a change in the
condition of the workman, in which case the
application shall be accompanied by the
certificate of a medical practitioner, or subject
to regulations made under this Ordinance, an
application made without such certificate.

(2) Any weekly payment may, on review
under this section, subject to the other provisions
of this Ordinance, be continued, increased, de-
creased or ended, or if the incapacity is found to
have resulted in permanent incapacity, be converted
to the lump sum to which the workman is entitled.

14. An employer shall not be entitled Casesinwhich
otherwise than in pursuance of in, agreement to employer may
end or diminish a weekly payment except in the payment.
following cases:-
(1) where a workman in receipt of a weekly
payment in respect of total incapacity
has actually returned to work;
(2) where the earnings of a workman in
receipt of a weekly payment in respect
of partial incapacity have actually been
increased;






Workmen's Compensation.


(3) where the medical practitioner who has
examined the workman under section 19
or, in his absence, any other medical
practitioner has certified that the work-
man has wholly or partially recovered, or
that the incapacity is no longer due in
whole or in part to the accident, and a
copy of the certificate (which shall set
out the grounds of the opinion of the
medical practitioner) together with notice
of the intention of the employer from
the date of the service of the notice to
end the weekly payment, or to diminish
it by such amount as is stated in the
notice, has been served by the employer
upon the workman:
Provided that-
(a) in the last mentioned case,
if before the expiration of ten clear
days from the date of the service of
the notice, the workman sends to
the employer the report of another
medical practitioner (which report
shall set out the ground of his
opinion) disagreeing with the cer-
tificate so served by the employer,
the weekly payment shall not be
ended or diminished except in
accordance with such report, or if
and so far as the employer disputes
such report except in accordance
with the certificate given by a
medical referee in pursuance of
section 48; and
(b) where an application has
been made in pursuance of the said
section 48 to refer the dispute to a
medical referee, it shall be lawful
for the employer, pending the
settlement of the dispute to pay
into court-
(i) where the notice was a
notice to end the weekly
payment,. the whole of


No. of 1955'.


ANTIGUA. 18






No. of 1955. Workmen's Compensation. 19 ANTIGUA.

each weekly payment be-
coming payable in the
meantime;
(ii) where the notice was a
notice to diminish the
weekly payment, so much
of each weekly payment
so payable as is in dispute;
and the sum so paid into
court shall, on the settle-
ment of the dispute, be
paid to the employer or to
the workman, according
to the effect of the certifi-
cate of the medical referee,
or, if the effect of that
certificate is disputed as in
default of agreement, may
be determined by the court
or, on appeal by a Judge
of the Supreme Court;
(c) nothing in this section shall
be construed as authorising an
employer to end or diminish a
weekly payment in any case in
which, or to an extent to which,
apart from this section he would not
be entitled to do so.


16. (1) Compensation payable where the
death of a workman has resulted from an injury
shall be paid into court, and any sum so paid in
shall be apportioned among the dependants of the
deceased workman or any of them in such
proportion as the court thinks fit, or may, in the
discretion of the court be allotted to any one such
dependant, and the sum so allotted to any
dependent shall be paid to him or be invested,
applied or otherwise dealt with for his benefit in
such manner as the court thinks fit.
(2) Compensation payable where permanent
incapacity has resulted from an injury shall be
paid into court, and any sum so paid shall be
paid to the person entitled thereto or be invested,
applied or otherwise dealt with for his benefit in
such manner as the court thinks fit.


Distribution
of compensa-
tion on death,






ANTIGUA. 20 Workmen's Compensaton.


(3) Any other compensation payable under
this Ordinance, may be paid into court and,
when so paid in, shall be paid by the court to
the person entitled thereto.
(4) The receipt of the clerk of the court
shall be sufficient discharge in respect of any
amount paid in under the provisions of this
Ordinance.
(5) On the payment in of any money under
subsection (1) of this section the court may deduct
therefrom the actual cost of the workman's funeral
expenses, to an amount not exceeding sixty
dollars and pay the same to the person by whom
such expenses were incurred, and shall, if he
thinks necessary, cause notice to be published,
or to be served on each dependant in such manner
as he thinks fit calling upon the dependants to
appear before it on such date as it may fix for
determining the distribution of the compensation.
If the court is satisfied, after any inquiry which
it may deem necessary, that no dependent exists,
the court shall repay the balance of the money
after deduction of hospital and other medical
expenses incurred to the employer by whom it was
paid. The court shall, on application by the
employer, furnish a statement showing in detail
all disbursements made.
Workman (6) Where a weekly payment is payable
under di under this Ordinance to a workman under any
legal disability, the court may, of its own motion
or on application made to it in this behalf, order
that the weekly payment be paid during the
disability to any dependant of the workman or to
any other person whom it thinks best fitted to
provide for the welfare of the workman.
Variation (7) Where, on application made to the court
of order in this behalf or otherwise, the court is satisfied
that, on account of neglect of children on the
part of a parent, or on account of the variation of
the circumstances of any dependant, or for any
other sufficient cause, an order of the court as to
the distribution of any sum paid as compensation
or as to the manner in which any sum payable to
any such dependent is to be invested, applied or


No. of 1955..







No. of 1955. Workmen's Compensation. 21


otherwise dealt with, ought to be varied, the
court may make such order for the variation of
the former order as it thinks just in the cir-
cumstances of the case:
Provided that no such order prejudicial to
any person shall be made unless such person has
been given an opportunity of showing cause why
the order should not be made, or shall be made
in any case in which it would involve the
repayment by a dependant of any sum already
paid to him.
(8) The solicitor or agent of a person Deductions
claiming compensation under this Ordinance for costs.
shall not be entitled to recover from him any costs
in respect of such claim or to claim a lien in respect
of such costs on, or deduct such costs from, the
sum awarded or agreed as compensation, except
such sum as may be awarded by a court, subject
to regulations made under this Ordinance, on an
Application made either by the person claiming
compensation, or by his solicitor or agent, to
determine the amount of the costs to be paid
to the solicitor or agent.

16. Save as provided by this Ordinance, no Compensation
lump sum or weekly payment payable under this iot to be as-
Ordinance shall be capable of being assigned, tached or
charged or attached or shall pass to any person charged.
other than the workman by operation of law,
nor shall any claim be set off against the same.

CONDITIONS OF COMPENSATION.

17. (1) Proceedings for the recovery under Requirements
this Ordinance of compensation for any injury as to dnotiof
accident and
shall not be maintainable unless:- claim for
compensation.
(a) written or oral notice of the accident
has been given as soon as practicable after
the happening thereof;
(b) written or oral notice of the accident
has been given before the workman has
voluntarily left the employment in which lie
was injured;


ANTIGUA.







ANTIGUA. 22 Workmen's Compensation.


(c) the claim for compensation with
respect to such accident has been made within
six months from the occurrence of the
accident causing the injury;
(d) in the case of death the claim for
compensation has been made within six
months after the date of death or within six
months after the date of the accident;
(e) in the case of death occurring more
than six months after the accident causing
injury, a claim for compensation has been
made by the workman within six months
of the accident:

Provided that-
(i) any defect or inaccuracy in
notice shall not be a bar to the
maintenance of such proceed-
ings if it is found in the
proceedings for settling the
claim that the employer is not,
or would not, if an amended
notice were then given and
the hearing postponed, be
prejudiced in his defence by
the defect or inaccuracy or
that such defect or inaccuracy
was occasioned by ,mistake,
absence from the Colony or
other reasonable cause;
(ii) the failure to make a claim
within the period specified
shall not be a bar to the
maintenance of such proceed,
ings if it is found that the
fail u r e was occasioned by
absence from the Colony or
other reasonable cause;
(iii) the failure to give such notice
or make a claim within the
period specified shall not be
a bar to the maintenance of
such proceedings if there be an


!g. of 1953'.






No. of 1955. Workmen's Compensation. 23 ANTIGUA.

acknowledgment in writing,
signed by the employer or
his authorized agent, that he
waives compliance with the
provisions of this section and
the said provisions shall be
deemed to be waived to the
extent set out in such
acknowledgment;
(iv) if the employer or his au-
thorized agent admits liability
to pay compensation, it shall
not be necessary for the
workman to give any such
notice, and the claim for
compensation may be made
within three months after the
date of the admission of liability;
(v) the want of a notice shall not
be a bar to the maintenance
of proceedings if the employer
is proved to have had know-
ledge of the accident from any
other source at or about the
time of the accident.
(2) Notice in respect of an injury under this
Ordinance may be given to the employer (or if
there is more than one employer to one of such
employers) or to any foreman or other official
under whose supervision the workman is em-
ployed, or to any person designated for the
purpose by the employer, and shall give the name
and address of the person injured, and shall state
in ordinary language the cause of the injury and
the date at which the accident happened.
(3) The notice, if in writing, may be given
by delivering the same at or sending it by the
post in a registered letter addressed to the
residence or place of business of the person to
whom it is to be given.
(4) Where the employer is a body of persons,
corporate or unicorporate, the notice, if in
writing, may also be given by delivering it or by







ANTIGUA. 24 Workmen's Compensation.


sending it by post in a registered letter addressed to
the employer, at the office, or if there be more
than one office any one of the offices of
such body.
(5) The workman shall, if required by his
employer, supply to him such further particulars
of the accident and of the injury as the employer
may reasonably require.
(6) Any person making a false declaration,
knowing it to be false, for the purpose of obtain-
ing compensation shall be guilty of an offence
against this Ordinance and shall be liable on
summary conviction to a penalty not exceeding
fifty dollars.

Weekly pay- 18. If a workman receiving a weekly
ments to cease payment ceases to reside in the Colony, such
on workman J c '
ceasing to weekly payment shall thereupon be redeemed by
reside in the a lump sum to be determined by agreement
Colony. between the parties and if the parties cannot
agree, as may be determined by a court on the
application of either party.

Medical ex- 19. (1) Where a workman has given notice
amination of an accident or where an accident has occurred
after notice
of accident. in respect of which the necessity of giving notice
under this Ordinance is dispensed with, he shall, if
so required by the employer, submit himself for
for examination by a medical practitioner provided
and paid by the employer.
(2) The workman shall, when required,
attend upon that medical practitioner at the time
and place notified to the workman by the
employer, provided, Iuch time and place is
reasonable.
(3) In the event of the workman being, in
the opinion of any medical practitioner whatever,
unable or not in a fit state to attend on the
medical practitioner named by the employer, that
fact shall be notified to the employer, and the
medical practitiuoier so named sihall fix a time and
place for a personal ex;itlinatio.l of the workman
and shall send him notice accordingly.


No. of 1956..






No. of 1955. Workmen's Compensation. 25 ANTIGUA.

(4) If the workman refuses or wilfully
neglects to submit himself to such examination,
or in any way wilfully obstructs or unnecessarily
delays such examination, his right to compen-
sation and to take or prosecute any proceedings
under this Ordinance in relation to compensation,
shall be suspended until such examination has
taken place.
(5) The workman shall be entitled to have
his own medical practitioner present at such
examination, but at his own expense.
(6) Where the workman is not attended by
a medical practitioner he shall, if so required by
the employer, submit himself for medical treat-
ment by a medical practitioner selected by the
employer without expense to the workman.
(7) If the workman has refused to submit
himself to treatment by a medical practitioner
when so required under the provisions of subsec-
tion (6) of this section, or having submitted
himself to such treatment has disregarded the
instructions of the medical practitioner, then if it
is thereafter proved that the refusal or disregard
was unreasonable in the circumstances of the case
and that the injury has been aggravated thereby,
the injury and resulting incapacity shall be deemed
to be of the same nature and duration as they
might reasonably have been expected to be if the
workman had submitted himself to treatment'by,
and duly. carried out the instructions of the
medical practitioner, and compensation, if any,
shall be payable accordingly.
(8) Where a claim for compensation is made
in respect of the death of a workman, then if
the workman had refused or wilfully neglected to
submit himself to examination by a medical
practitioner when so required under the provisions
of this section, or had wilfully obstructed or
unnecessarily delayed the examination or had
refused to submit himself to treatment by a
medical practitioner when so required under the
provisions of thib section or, having submitted
himself to treatment, had disregarded the instruc-
tions of the medical practitioner, and if it






ANTIGUA. 26 Workmen's Compensation.


is thereafter proved that the refusal, neglect,
obstruction, delay or disregard was unreasonable
in the circumstances of the case and that death
of the workman was caused thereby, the death
shall not be deemed to have resulted from the
injury and no compensation shall be payable.

Medical ex- 20. Any workman receiving weekly pay-
amiaton of ments under this Ordinance shall, if so required
receiving by the employer, from time to time but at reason-
payments. able intervals, submit himself for examination by
a medical practitioner provided and paid by the
employer and the provisions of section 19 shall
apply to any such examination.
No compensa- 21. Where under this Ordinance n right to
tion payable compensation is suspended no compensation shall
for period of
suspension of be payable in respect of the period of suspension.
right.
Agreements 22. (1) The employer and the workman
for pamnt may, after the injury in respect of which the
tion. claim to compensation has arisen, agree in
writing to-
(a) the amount to be paid by the
employer as compensation in respect of the
incapacity of the workman resulting from
that injury;
(b) any other matter under this Ordi-
nance, and such agreement shall be forwarded
to the court which may within three months
cancel iu and make such order (including an
order as to any sum already paid under the
agreement) as in the circumstances may be
thought just if it is of the opinion that-

(i) the sum paid or to be paid was
or is inadequate or excessive;
or
(ii) the agreement was obtained by
such fraud, undue influence,
misrepresentation or other im-
proper means, as would in law
be sufficient ground for avoid-
ing an agreement; or


X0. ot 1955.,






Workmen's Compensation. 27 ANTIGUA.


(iii) the agreement was entered into
in ignorance of or under a
mistake as to the true nature
of the injury.
(2) Any such agreement may on application
to the magistrate be made a judgment of the court
under this Ordinance.
(3) Where it is desired to have an agreement
made a judgment of the court, a memorandum
thereof shall be sent by any interested party to
the clerk of the court who shall, subject to the
provisions hereinafter contained, on being satisfied
as to its genuineness, record such memorandum in
a special register, and thereupon the memorandum
shall for all purposes be enforceable as a judgment
of the court:
Provided that-
(a) no such memorandum shall be
recorded before fourteen days after the
despatch by the clerk by registered post, of
notice to the parties interested; and
(b) where a workman seeks to record a
memorandum of agreement between his em-
ployer and himself for the payment of
compensation under this Ordinance and the
employer proves by affidavit that the work-
man has in fact returned to work and is
earning wages as he did before the accident,
and objects to the recording of such memo-
randum, the memorandum shall only be
recorded, if at all, on such terms as the court
under the circumstances may think just.

23. (1) Where any person (in this section Sub-contract-
referred to as the principal ") in the course of or ig.
for the purposes of his trade or business, contracts
with any other person (in this section referred to
as the contractor ") for the execution by or
under the contractor of the whole or any part of
any work undertaken by the principal, the
principal shall, provided the notice of the accident
required under section 17 is given to him, be liable
to pay to any workman employed in the execution


X. of 1955..







ANTIGUI,. 28 VWrkmnen's Compensatzon.


of the work any compensation under this Ordinance
which he would have been liable to pay if that
workman has been immediately employed by him;
and where compensation is claimed from or
proceedings are taken against the principal, then
in the application of this Ordinance references to
tihe principal shall be substituted for references to
the employer, except that the amount of compen-
sation shall be calculated with reference to the
earnings of the workman under the employer by
whom he is immediately employed:
Provided that, where the contract relates to
threshing, ploughing, or other agricultural work
and the contractor provides and uses machinery
driven by mechanical power for the purposes of
such work, he and he alone shall be liable under
this Ordinance to pay compensation to any work-
man employed by him on such work.

(2) Where the principal is liable to pay
compensation under this section he shall be entitled
to be indemnified by any person who would have
been liable to pay compensation to the workman
independently of this section.
(3) Nothing in this section shall be construed
as preventing a workman recovering compensation
under this Ordinance from the contractor instead
of the principal.
(4) This section shall not apply in any case
where the accident occurred elsewhere than on, or
in, or about premises on which the principal has
undertaken to execute the work or which are
otherwise under his control or management.

Compensation 24. (1) If a workman contracts any disease
for occupa- to which this section applies, and the disease is due
tonal diseases,
to the nature of the employment, and the incapa-
city or death of the workman results from that
disease, compensation shall be payable as if the
disease was a personal injury by accident arising
out of and in the course of that employment, and
all the provisions of this Ordinance shall apply
accordingly, subject however to the provisions of
this section.


No. of 1955.






No. of 1955. Vorkmen's Compensation. 29 ANTIGUA.
(2) For the purposes of calculating the earn-
ings of the workman in a claim for compensation
under this section, the commencement of the
incapacity of the workman, or the date of his death
if there has been no previous period of incapacity,
shall be treated as the date of the happening of the
accident, if he is then employed in any employment
to the nature of which the disease is due, by the
employer from whom the compensation is claimed,
and if he is not then so employed, the last day on
which he was so employed shall for this purpose be
treated as the date of the happening of the
accident.

(3) For all other purposes of this Ordinance,
the commencement of the incapacity of the work-
man, or the date of his death if there has been no'
previous period of incapacity, shall be treated as
the date of the happening of the accident.

(4) If the disease has been contracted by a
gradual process, so that two or more employers are
severally liable to pay compensation in respect
thereof under this section, the aggregate amount of
compensation recoverable shall not exceed the
amount that would have been recoverable if those
employers had been a single employer, and in any
such case those employers shall, in default of
agreement, be entitled as between themselves to
such rights of contribution as the magistrate thinks
just, having regard to the circumstances of the case,
in any action brought or application made by any
of them for this purpose.

(5) The diseases to which this section applies
shall be prescribed by order from time to time by
the Governor in Council.

(6) Nothing in this section shall affect the
right of a workman to compensation in respect of a
disease to which this section does not apply if the
disease is contracted as a result of an injury in
respect of which he is entitled to compensation
under the other provisions of this Ordinance.






ANTIGUA. 30 Workmen's Compensation.


INSURANCE.
Compulsory 25. (1) Subject to the provisions of this
insurance Ordinance, it shall not be lawful for any person to
against work-
men's com- employ another person as a workman, unless there
pesaion is in force in relation to the employment of that
workman a policy of insurance or other contract of
indemnity in respect of the liability of the
employer in case of the death of or bodily injury to
the workman arising out of and in the course of
such employment:
Provided that this subsection shall apply only
to the employment set out in subsection (3) of
this section, unless the Governor in Council by
Order published in the Gazette declares that it
shall apply to any other employment mentioned in
that Order, and the Governor in Council may at
any time and from time to time make a new Order
applying this subsection to other employment and
may alter, amend or revoke any such Order:
Provided further that this subsection shall not
apply where the workman is employed by or on
behalf of the Crown or the Government of the
Presidency.
(2) The Labour Commissioner or any person
authorised by him in that behalf may call for and
inspect any policy of insurance taken out under the
provisions of this section.
(3) The employment to which subsection (1)
of this section applies are-
(a) any employment connected with
building construction and structural work in
connection with buildings, if more than three
workmen are engaged thereupon;
(b) any employment connected with any
woodworking machinery or sawmill, sugar
factory, foundry, docks, wharves or quays and
the loading and unloading of ships threat;
(c) any employment connected with
,mining or forestry; and
(d) any employment connected with any
dangerous operation.


No. of 1955.






No. of 1956. Workmen's Compensation. 31 ANTIGUA.
(4) The Governor in Council may, if satisfied
that a bond in such sum of money as he may fix *
entered into by an employer with sufficient sureties
offers as good a security for the payment of
compensation agreed upon or adjudged to be paid
under this Ordinance, direct that such bond be
given and that it shall stand in lieu of the insurance
required under subsection (1) of this section and
every such bond shall be made in favour of the
Labour Commissioner appointed under the Labour
Ordinance, 1950 and be deposited with the 5/1950.
Registrar of the Supreme Court.
(5) The Labour Commissioner shall, upon any
employer failing to pay any sum of money agreed
upon or adjudged by the court to be paid as
compensation under this Ordinance for the benefit
of a workman or his dependants, enforce the bond
in relation to that workman and the bond, if given
to secure the payment of compensation in respect
of other workmen shall remain in force as regards
the other workmen, notwithstanding such enforce-
ment.
(6) The Governor in Council may, if he
considers any employer financially able, apart
from money to be derived from insurance, to
meet all claims for compensation agreed upon or
adjudged to be paid under the Ordinance, exempt
that employer frord the duty to effect insurance
or to enter into a contract of indemnity under
subsection (1) of this section and any such
exemption may be cancelled or varied by the
Governor in Council.
(7) Every person who acts in contravention
of this section shall be guilty of an offence
against this Ordinance and shall be liable on
summary conviction to a fine not exceeding two
hundred and forty dollars or to imprisonment for
a term not exceeding three months or to both
such fine and imprisonment.
(8) Notwithstanding anything contained in
any enactment prescribing the time within
which proceedings may be brought under the
Magistrate's Code of Procedure Act, proceedings cap. 61.
for an offence under this section may be brought






ANTIGUA. 32 Workmen's Compensation.


within a period of six months from the date on
* which it first came to the knowledge of the
prosecutor that the offence had been committed.
(9) In subsection (3) of this section,
"dangerous operation" means an operation
connected with any manufacture, machinery,
plant, process or description of manual labour in
factories, workshops or elsewhere which the
Governor in Council may, by notice published in
the Gazette, declare to be dangerous to life or
limb for the purposes of workmen's compen-
sation.


26. (1) If, after insurance has been
effected or other contract of indemnity entered
into or a bond securing the payment of compen-
sation given pursuant to section 25, an employer
becomes liable to pay compensation to a work-
man or his dependants, then notwithstanding
anything to the contrary in 'any policy of
insurance contract of indemnity or bond con-
tained, the insurer or person liable to indemnify
the employer or to secure the payment of
compensation under a bond shall pay the
compensation agreed upon or adjudged to be
paid, including any sum payable in respect of
costs, in the manner prescribed in section 15.
(2) No sum shall be payable by an insurer,
or person liable under a contract of indemnity
or a bond given to secure payment of compensa-
tion under the provisions of this section-
(a) unless, in the case of compensation
agreed upon between an employer and a
workman or his dependants, such insurer or
other person liable as aforesaid consented to
pay the sum agreed upon as compensation
to the workman or his dependants; or
(b) unless, in the case of compensation
adjudged by the court to be paid to a work-
man or his dependants, the insurer or
person liable as aforesaid had notice of the
application to determine the compensation
in time to enable him to apply to be added
as a co-defendant, if he is so minded; or in


Conditions
under which
liability for
payment by
insurer arises.


N'o. of 1955.






No. of 1955. Workmen's Compensation. 33 ANTIGUA.
respect of any judgment to pay compensa-
tion, so long as execution thereon is stayed
by the court or pending appeal; or in
respect of a policy of insurance, if before the
happening of the event which was the
cause of the death or personal injury giving
rise to the liability, the policy was cancelled
by mutual consent or by virtue of any
provision contained therein.
(3) If notice of the application to determine
any compensation is given to an insurer, or
other person liable under a contract of indemnity
or bond to secure the payment of compensation,
in time to enable him to apply to the court to be
added as co-defendant, the court shall add the
insurer or other such person as a co-defendant
and he shall have the same right to defend the
proceedings as if he were the employer.

(4) Where any sum paid by the insurer or
S person liable to indemnify the employer or to
secure the payment of compensation under a
bond is covered by the policy of insurance
contract of indemnity or bond (as the case may
be) by virtue only of this section, such sum shall
be recoverable by the insurer or other person as
aforesaid from the employer.
27. (1) Every employer to whom section Registration
25 applies shall- of employ ers
(a) within thirty days after the com-
mencement of this Ordinance in the case of
an employer already in business; or
(b) within thirty days after commenc-
ing business,
make application for registration to the Labour
Commissioner on the prescribed form.
(2) The Labour Commissioner shall, upon
the receipt by him of an application under
subsection (1) of this section containing the
particulars specified in the prescribed form and
on being satisfied that the particulars are correct
forthwith register the employer and the particu-






ANTIGUA. 34 Workmen's Compensation. No. of 1955.
lars thereof to which the application relates and
he shall issue to the applicant a certificate of
registration on the prescribed form.

(3) Where any change takes place in any
of the particulars registered under subsection (2)
of this section, the employer shall within thirty
days after the date upon which the change takes
place, make application to the Labour Commis-
sioner for the registration of the change and the
Labour Commissioner shall amend the register
accordingly and issue to the applicant a certifi-
cate of registration of the change as aforesaid.

(4) The Labour Commissioner may take
such steps as he may consider necessary to
ascertain whether the particulars supplied by the
employers who apply for registration are correct.

(5) Any person who fails to comply with
the requirements of this section, or who wilfully
delays or obstructs the Labour Commissioner or
any officer appointed by him in the exercise of
any power, duty or function under this section
shall be guilty of an offence against this
Ordinance and shall be liable on summary
conviction to a penalty not exceeding twenty-
five dollars.

ALTERNATIVE REMEDIES.

Alternative 28. (1) When the injury was caused by
remedies, the personal negligence or wilful act of the
employer or of some person for whose act or
default the employer is responsible, nothing in
this Ordinance shall affect any civil liability of
the employer, but in that case the workman may
at his option claim compensation under this
Ordinance, or take proceedings independently of
this Ordinance, but the employer shall not be
liable to pay compensation under this Ordinance
and damages. Acceptance of compensation
under this Ordinance shall not operate as a bar
to proceedings independent of this Ordinance.






No. of 1955. Workmen's Compensation. 35


(2) If, within the time limited in this
Ordinance for taking proceedings, an action is
brought to recover damages independently, of
this Ordinance for injury caused by an accident,
and it is determined in such action or on appeal
that the injury is one for which the employer is
not liable in such action, but that he would have
been liable to pay compensation under the
provisions of this Ordinance, the action shall be
dismissed; but the court in which the action is
tried, or, if the determination is the determina-
tion on an appeal (by either party) by an
appellate tribunal, that tribunal, shall, if the
plaintiff so choose, proceed to assess such
compensation, but may deduct from such com-
pensation all or part of the costs which, in its
judgment, have been caused by the plaintiff
bringing the action instead of proceeding under
this Ordinance:
Provided that the court or appellate tribunal
may, instead of itself assessing such compensation,
remit the case to the magistrate for the assess-
ment of the compensation, and in such cas emay
order the magistrate to.deduct from the amount
of compensation assessed by him all or part of
such costs as aforesaid.
(3) In any proceedings under subsection (2)
of this section, when the court or appellate
tribunal assesses the compensation, it shall give
a certificate of the compensation it has awarded
and the directions it has given as to the
deduction of costs, and such certificate shall have
the force and effect of and shall be registered
as an agreement under this Ordinance.
29. Where the injury for which compen- Remedies
against em-
sation is payable under this Ordinance was ploye a
caused under circumstances creating a legal stranger.
liability in some person other than the employer
to pay damages in respect thereof-
(a) the workman may take proceedings
both against that person to recover damages
and against any person liable 'to pay
compensation under this Ordinance but
shall not be entitled to recover both damages
and compensation; and


ANTIGUA.






ANTIGUA. 36 Workmen's Compensation.


(b) if the workman has recovered com-
pensation under this Ordinance, the person
by whom the compensation was paid, and
any person who has been called on to pay
an indemnity under section 23 (relating to
liability in case of workmen employed by
contractors), shall be entitled to be indem-
nified. by the person so liable, to pay
damages as aforesaid, and all questions as to
the right to and amount of any such
indemnity shall, in default of agreement, be
settled by the court.

INSOLVENCY OR BANKRUPTCY OF
EMPLOYER.

80. (1) Where the employer has entered
into a contract with any insurers in respect of
any liability under this Ordinance to any
workman, then, in the event of the employer
becoming insolvent or bankrupt, or making a
composition or arrangement with his creditors,,
or, if the employer is a company, in the event of
the company having commenced to be wound up
or a receiver or manager of the company's
business or undertaking having been duly
appointed, or possession having been taken by or
on behalf of the holders of debentures secured
by a floating charge of any property comprised
in or subject to the charge, the rights of the
employer against the insurers as respects that
liability shall, notwithstanding anything in the
enactments relating to insolvency or bankruptcy
and the winding up of companies, be transferred
to and vest in the workman, and upon any such
transfer the insurers shall have the same rights
and remedies and be subject to the same
liabilities as if they were the employer, so
however that the insurers shall not be under any
greater liability to the workman than they
would have been under to the employer.
(2) If the liability of the insurers to the
workman is less than the liability of the
employer to the workman, the workman may
prove for the balance in the insolvency or


Provisions as
to cases of
insolvency or
bankruptcy of
employer.


No. of 1955.







No. of 1955. Workmen's Compensation. 37 ANTIGUA.

,bankruptcy or liquidation, or, as the case may
be, he may recover the balance from the
receiver or manager.
(3) There shall be included among the
debts which-
(a) under section 38 of the Bankruptcy
Act are, in the distribution of the property Cap. 1.
or assets of a bankrupt, to be paid in
priority to all other debts; and
(b) under section 195 of the Companies
Act are in the winding up of a company to Cap. 140.
be paid in priority to all other debts,
the amount due in respect of any compensation
or liability for compensation accrued before the
following date, that is to say:-
(i) in the first case the date of the
receiving order; and
(ii) in the second case the date of the
commencement of the winding up
of the company.


For the purposes of this provision where the
compensation is a weekly payment, the amount
due in respect thereof shall, failing agreement
between the two parties, be a lump sum to be
fixed by the court.
(4) The provisions of this section with
respect to preferences and priorities shall not
apply where the insolvent or bankrupt or the
company has entered into such a contract with
insurers as aforesaid.


Lump sum in
lieu of weekly
payments



No priority if
insured.


(5) This section shall not apply where a Voluntary
company is wound up voluntarily merely for the liquidation.
purposes of reconstruction or of amalgamation
with another company.


31. (1) If the employer becomes insolvent
and is ordered to pay compensation under this
Ordinance, he shall, if requested, disclose
whether he is insured against personal injury to
or death of the workman employed by him and,
if so insured, the name and address of the
insurer and the amount for which he is insured.


Employer
liable for
compensation
to disclose
insurer.







ANTIGUA. 38 Workmen's Compensation.


(2) When the insurer indemnifies an em-
ployer against liability to pay compensation and
has used or uses that employer's name or has
acted on his behalf in any proceedings under
this Ordinance, that insurer shall be bound by
the decision given upon those proceedings in the
same manner and to the same extent as the
employer and the insurer shall indemnify the
employer accordingly:
Provided that the liability of the insurer
shall shall be limited by the terms and conditions
of the policy of insurance subsisting between
him and the employer.
APPLICATION TO SPECIAL CLASSES
OF PERSONS.
32. In the case of injury to any person in
the employment of the Crown to whom the
provisions of the Ordinance apply, and who is
entitled to pension or gratuity which would not
be payable if such injury were received other-
wise, that person or his dependants shall be paid
compensation under this Ordinance or pension or
gratuity, whichever is the greater.

33. (1) In the application of this Ordi-
nance to workmen in the employment of a local
authority, the exercise and performance by it of
its powers and duties conferred and imposed by
law, or by by-law or regulation shall be regarded
as the trade, business or undertaking of that
authority.
(2) The provisions of the last preceding
section shall, mulatis mutandis, apply in respect
of a workman in the employment of any local
authority where provision exist- by law or by
by-law or regulation for the grant of a pension
or gratuity to such workman in the case of an
injury received by him in the discharge of his.
duties, or to any other person in the event of the
workman's death resulting I'rom that injury.

34 (1) This Ordinance shall apply to
masters, seamen, and ;ipprentices to the sea.
service, provided that such persons are workmen
within the meaning of this Ordinance, and are


Application to
workmen in
the employ-
ment of the
Crown.





Application to
workmen in
the employ
ment ot a
local author-
ity.













App location to
persons emll-
ployed on
ships.


-N~o. Of 1955,,






To. of 1955. Workmen's Compensation. 39 ANTIGUA.

members of the crew of any ship registered in
the Presidency, or of any other British ship or
vessel of which the owner, or (if there is more
than one owner) the managing owner, or mana-
ger resides or has his principal place of business
in the Presidency, subject to the following
modifications:-
(a) the notice of accident and the
claim for compensation may, except where
the person injured is the master, be given
to the master of the ship as if he were the
employer, but where the accident happened
and the incapacity commenced on board the
ship it shall not be necessary to give any
notice of the accident;

(b) in the case of the death of the
master, seaman or apprentice, the applica-
tion for compensation shall be made within
six months after news of the death has been
received by the claimant;


(c) where the injured master, seaman
or apprentice is discharged or left behind in
a British possession or in a foreign country,
depositions respecting the circumstances
and nature of the injury may be taken by
'any Judge or magistrate in the British
possession, and by any British consular
officer in the foreign country, and if so
taken shall be transmitted by the person by
whom they were taken to the Governor, and
such depositions or certified copies thereof
shall in any proceedings for enforcing the
claim be admissable in evidence as provided
in sections 691 and 695 of the Merchant
Shipping Act, 1894, and those sections shall
apply accordingly;
(d) in the case of the death of a
master, seaman or apprentice leaving no
dependants, no compensation shall be paya-
ble, if the owner of the ship is under the
Merchant Shipping Act, 1894, liable to pay
expenses of burial;


57 & 58 Vict .
c. 60.






ANTIGUA. 40 Workmen's Compensation.


(e) the weekly payment shall not be
payable in respetet of the period during
which the owner of the ship is, under any
law in force for the time being in the
Presidency relating to merchant shipping,
liable to defray the expenses of maintenance
of the injured master or seaman or appren-
tice;
(f) any sum payable by way of
compensation by the owner of ship under
this Ordinance shall be paid in full notwith-
standing anything in section 503 of tie
Merchant Shipping Act, 1894, (which
relates to the limitations of shipowner's
liability in certain cases of loss of life,
injury or damage), but the limitation of the
owner's .liability imposed by that section
shall apply to the amount recoverable by
way of indemnity under section 29 (relating
to remedies both against employer and
stranger) as if the indemnity were damages
for loss of life or personal injury;
(g) subsections (2) and (3) of section
174 of the Merchant Shipping Act, 1894
(which relates to the recovery of wages of
seamen lost with their ship), shall apply as
respects proceedings for the recovery of
compensation by dependants of masters,
seamen and apprentices lost with their ship
as they apply with respect to proceedings
for the recovery of wages due to seamen
and apprentices; and proceedings for the
recovery of -compensation shall in such a
case be maintainable if the application is
made within ,18 months of the date at which
the ship is deeiled to have been lost with
all hands.
(2) This Ordinance shall also apply to any
person not being a master, seamen or apprentice
to the sea service, employed on board any such
ship as is mentioned in this section, if he is so
employed for the purposes of the ship or of any
passengers or cargo or mails carried by the ship,
and if he is otherwise a workman within the
meaning of this Ordinance.


No. of 1055.






Workmen's Compensation 41 ANTIGUA.


35. (1) If it is alleged that the owners of Detentionof
Sandy ship are liable as such owners to pay compen- ships.
station under' this Ordinance, and at any time that
ship is found in any port of the Presidency, or
within three miles of the coast thereof, a Judge of
the Supreme Court may, upon its being shown to
him by any person applying in accordance with the
rules of court that the owners are probably liable as
such to pay such compensation, and that none of
the owners reside in the Presidency, issue an order
directed to any officer of customs or other officer
named by the Judge requiring him to detain the
ship until such time as the owners, agent, master,
or consignee thereof have paid such compensation,
or have given security, to be approved by the Judge,
to abide the event of any proceedings that may be
instituted to recover such compensation and to pay
such compensation and costs as may be awarded
thereon; and any officer of customs or other officer
to whom the order is directed shall detain the ship
accordingly.
(2) In any legal proceeding to recover such
compensation, the person giving security shall be
made defendant, and the production of the order of
the Judge, made in relation to the security, shall
be conclusive evidence of the liability of the
defendant to the proceeding.

(3) Where a complaint is made to the
Governor that before an application can be made
under this section the ship in respect of which the
application is to be made will have departed from
the limits within which she can be arrested, the
ship shall, if the Governor so directs, be detained
for such time as will allow the application to be
made and the result thereof to be communicated to
the officer detaining the ship, and that officer shall
not be liable for any costs or damages in respect of
the detention, if made in accordance with the
directions of the Governor.

(4) Section 692 of the Merchant Shipping
Act, 1894, shall apply to the detention of a ship 57 & 58 Vict.
under this Ordinance as it applies to the detention c. 60.
of a ship under that Act, and, if the owner of a
ship is a corporation, it shall for the purposes of this


No. of 1965.






ANTIGUA. 42 Workmen's Compensation.


section be deemed to reside in the Presidency if it
has an office in the Presidency at which service of'
writs can be effected.
(5) Where a ship has been devised to
charterers, the provisions of this section shall apply
to claims against the charterers of the ship as they
apply to claims against the owners of a ship with
the substitution of charterers for owners:
Provided that no ship shall be detained on a
claim against the charterers of the ship after the
expiration of the term for which the ship is
demised to them.
PROCEDURE.

Workman's 36. If an employer on whom notice of the
right toapply accident has been served as aforesaid does not
for compen-
sation if no within four weeks after the receipt of the notice
"gred in four agree in writing with the workman as to the
weeks. amount of compensation to be paid, the workman
may make such application as in this Ordinance is
'provided for enforcing his claim to compensation.

All claims to 37. (1) All claims for compensation under
be determined this Ordinance and any matter arising out of
by magis-
trate. proceedings thereunder shall be determined by the
magistrate's court of the district in which there
occurred the accident in respect of which the claim
for compensation arose whatever may be the
amount involved. All such questions shall be
determined upon application made to such magis-
trate in manner provided by this Ordinance:
Provided that-

(a) a claim may be had and taken in a
magistrate's court of a district on which both
parties mutually agree;
(b) the Governor in Council from time to
time may, for the convenience of parties and
the saving of expense, by order, direct in
what magistrate's court proceedings for
compensation may be taken in respect of
accidents occurring in any area specified in the
order.


No. of 1955.







No. of 1955. Workmen's Compensation. 43 ANTIGUA.


(2) (i) The court may, subject to regulations
made under this Ordinance, submit
to a medical referee for report any
matter of a medical character which
seems- material to any question
arising in the course of the proceed-
ings before the court;
(ii) when the court has decided to refer
a matter to a medical referee by
virtue of the provisions of paragraph
(i) of this subsection, the court
shall fix the time within which the
parties may come to an agreement as
to the choice of a medical referee,
and failing such agreement, the
court' shall refer the matter to a
medical referee chosen by the court;

(iii) a medical referee to whom any such
reference is made shall, in accordance
with regulations made under this
Ordinance, give. a certificate of his
findings and such certificate shall be
conclusive evidence as to the matters
so certified;
(iv) regulations may be made by the
Governor in Council for prescribing
the duties of the medical referee in
cases of reference made under this
subsection and the forms to be used.

(3) No application for the settlement of any
matter by the court shall he made unless and until
some question has arisen between the parties in
connection therewith which they have been unable
to settle by agreement.

38. (1) A workman or an employer (here-
inafter called the applicant") who desires the
determination of any question arising out of an
accident in which compensation is or might be
claimed shall lodge with the clerk of the magistrate's
court a written application in the prescribed form
accompanied by particulars containing-


Reference by
court to medi-
cal referee.


Application
for compen-
sation to be
lodged with
clerk of court
accompanied
by particu-
lars.







ANTIGUA. 44 Workmen's Compensation.


(a) a concise statement of the circum-
stances under which the application is made
and the relief or order which the applicant
claims, or the question which he desires to
have determined;


(b) the full name and address
applicant and of his attorney .or agent
name and address of thd respondent.


of the
and the


(2) If the application be made by an employer
it shall be accompanied by a statement whether he
admits his liability to pay compensation, or denies
such liability and whether the admission or denial
is total or partial, and if he admit or deny li:tility
partially, a statement of the extent to which he
admits or denies liability. In the case of a denial
of liability the grounds shall be stated.

(3) If the clerk of court be satisfied that the
applicant is, owing to illiteracy, blindness or any
other physical cause, unable to furnish the informa-
tion required, he shall himself fill in the application
and particulars on the prescribed form.

39. (1) As soon as an application,
together with the accompanying particulars
and statement herein prescribed, has been
lodged the clerk of the court shall forthwith
cause a copy thereof to be served upon the
respondent together with a notice requiring the
respondent to lodge with the clerk of the court
such answer as is prescribed in subsection (2)
within the period therein prescribed and that
in default of his complying with that or of his
appearing at a time and place fixed in the
notice, such order may be made under this
Ordinance as the magistrate thinks just and
expedient. Except with the written consent
of the respondent communicated to the clerk of
the court, not less than fourteen clear days
shall elapse between the date of the service
of the notice upon the respondent and the
date fixed for hearing the application.


Copy of appli-
cation and
particulars to
be served on
respondent.


go. of 1965..






No. of 1955. Workmen's Compensation. 45

(2) If the respondent intends to oppose
an application he shall, within seven days after
service of notice, or within such extended
period as the magistrate may upon special
request allow, lodge with the clerk of the court
written answer containing a concise statement
of the extent and grounds of his opposition.
(3) The magistrate may, at any time
before the determination of the question in
'dispute and upon such terms as to adjournment
or as to costs as he deems just allow an
application, or any particulars or statement
accompanying the same, or any answer thereto
to be amended. Any such amendment shall be
lodged with the clerk of the court who shall
forthwith cause it to be served upon the
opposite party.
40. Save as is specially provided in this
Ordinance a magistrate's court shall, upon or
in connection with any question to be deter-
mined thereunder have all the powers and
jurisdictions exercisable and be subject to all
the duties and obligations to be performed by
a magistrate's court of the district in or in
connection with civil actions in such court and
the law, rules and practice in such civil actions
shall mutatis mutandis apply; and any order
made by a magistrate under this Ordinance
Smay be enforced as if it were a judgment or
order of the court.
41. (1) If, the workman at the hearing
of an application be incapacitated by reason of
the injury in respect of which the application
is made and if further it be uncertain whether
the incapacity is temporary or permanent, or
if permanent, whether it is partial or total, the
magistrate may, if he is satisfied that the
workman is entitled to compensation in the
event of the incapacity being permanent,
adjourn the hearing for a period or periods not
exceeding twelve months in all, reckoned from
from the date of the accident causing the
injury and may make an interim order that
the employer shall, in the meantime, pay such


ANTIGUA.


Magistrate to
have power
and jurisdic-
tion of magis-
trate's court.










Magistrate
may adjourn
hearing for
twelve months
where there is
doubt as to
degree of
incapacity.






46 Workmen's Compensation.


compensation to the workman as is provided
by the Ordinance in the case of temporary
incapacity for work or permanent partial
incapacity for work, as the case may be.

(2) If the workman at the hearing of an
application be not incapacitated but there is
reason to believe that the injury sustained by
him may ultimately result in his permanent or
total incapacity for work or in his death, the
magistrate may adjourn the hearing for a period
or periods not exceeding twelve months in all,
reckoned from the date of the accident causing
the injury, so that the workman may retain
his right to recover compensation in the case
of permanent incapacity, partial or total,
resulting ultimately from the injury, or the
dependants retain their right to recover
compensation in the event of the workman's
death.
Power of 42. The magistrate may, in his discre-
mgirat e tion, o the application of either party to any
tons of la proceedings before him or of his own motion
without such application submit any question
of law in the form of a special case for the
decision of a Judge of the Supreme Court, and
if he does so, shall decide the question in
conformity with such decision.

Appeals to 43. (1) An appeal shall lie to the
Supreme Supreme Court from any order of a magistrate
where-

(a) a question of laI is involved;
(b) the decision was one whibh the
magistrate viewing the evidence reasonably
could not properly make:

Provided that from the following orders of a
magistrate, namely:--
(a) an order awarding as compensation
a lump sum, or disallowing a claim in
full or in part for a lump sum;


ANRTIGUA.


No. of 1955.






No. of 1955. Workmen's Compensation 47


(b) an order providing for the distribu-
tion of compensation among the dependants
of a deceased workman, or disallowing
any claim of a person alleging himself
to be such a dependant;
(c) an order allowing or disallowing
any claim for the amount of an indemnity
under the provisions of subsection (2) of
section 23; or
(d) an order refusing to register a
memorandum of agreement or registering
the same or providing for the registration of
the same subject to conditions,
no appeal shall lie against any such order unless
the amount in dispute in the appeal is more than
two hundred and forty dollars.
(2) Notwithstanding anything herein con-
tained, no appeal shall lie in any case in which
the parties have agreed to abide by the decision
of the magistrate, or in which the order of the
Magistrate gives effect to an agreement come to
by the parties.
44. The provisions of the Magistrate's Code Provisions of
S of Procedure Act for the time being in force "Mgistrate's
Code of Pro-
relating to special cases and to appeals in civil cedure Act to
proceedings from a magistrate to a Judge of the 'iapplSy to a
Supreme Court shall apply to and govern any appeals.
special case submitted to the Judge under section
42, and, subject to the provisions of subsections (1)
and (2) of section 43, any appeal to a Judge of the
Supreme Court under this Ordinance.
45. The decision of a Judge of the Supreme Decisions of
Court in any special case submitted to him or in Pndgeof Su-
any appeal under this Ordinance shall be final. inspecial cases
and appeals to
be final.
MISCELLANEOUS.
46. Any provision in a contract of employ- No right to
meant existing at the commencement of this ontractnou
Ordinance, or thereafter entered into, whereby a
workman or his dependants relinquish any right to
compensation under this Ordinance or to damages
independently of this Ordinance whether for the
workman or for any dependants shall be null and
void.


ANTIGUA.






ANTIGUA. 48 Workmen's Compensation. No. of 1955..
Appointment 47. (1) The Governor may appoint any
nid roeunera- medical practitioner to be a medical referee for the
cal referee. purpose of this Ordinance and may revoke any
such appointment at any time.

(2) Any appointment made under the pre-
ceding subsection, or any- revocation of any such
appointment, shall take effect on the date of its
publication in the Gazette.

(3) The remuneration of, and other expenses
incurred by medical referees under this Ordinance
shall, subject to regulations made under this
Ordinance and except so far as they are defrayed
by fees received from the parties under this
Ordinance, be paid out of moneys provided by the
Legislative Council.

(4) Where a medical referee has been em-
ployed as a medical practitioner in connection with
any case by or on behalf of an employer or work-,
man or by any insurers interested, he shall not act
as medical referee in that case.
(5) The number of medical referees appointed
by the Governor shall be at least
at any time:
Provided that the reduction, below
of the number of medical referees shall not
invalidate any reference to, or any certificate given
by, a medical referee.

Application for 48. (1) Where a workman has submitted
medical to himself for examination by a medical practitioner,
referee, or has been examined by a medical practitioner
selected by himself, and the employer or the
workman, as the case may be, has within six days
after such examination furnished the other with a
copy of the report of that practitioner as to the
workman's condition, then, in the event of no
agreement being come to between the employer and
the workman us to the workman's condition or
fitness for employment, a magistrate, on application
being made to him by one or both parties, may
refer the matter to a medical referee.







of 1955. Workmen's Compensation. 49 ANTIGUA.


(2) In the case of an application made by
both parties under the provisions of the preceding
subsection, the magistrate shall refer the matter to
a medical referee chosen by both parties, but, if
such parties cannot agree on the choice of a
medical referee within such time as may be fixed
by the magistrate, the magistrate shall refer the
matter to a medical referee chosen by him.
(3) The medical referee to whom the matter
is so referred shall, in accordance with regulations
made under this Ordinance, give a certificate as to
the condition of the workman and his fitness for
employment, specifying, where necessary, the kind
of employment for which he is fit, and that
certificate shall be conclusive evidence as to the
matters so certified.
(4) Where no agreement can be come to
between the employer and the workman as to
whether or to what extent the incapacity of the
workman is due to the accident, the provisions of
this section shall, subject to any regulations made
under this Ordinance, apply as if the question were
a question as to the condition of the workman.
(5) If a workman, on being required so to do,
refuses to submit himself for examination by a
medical referee to whom the matter has been so
referred as aforesaid, or in any way obstructs the
same, his right to compensation and to take or
prosecute any proceeding under this Ordinance in
relation to compensation, or, in the case of a
workman in receipt of a weekly payment under
this Ordinance, his right to that weekly payment
shall be suspended until such examination has
taken place.
49. Every employer in any industry to Employers to
which the Governor may direct that this section ~kn returns
shall apply shall, on or before such day in every
year as the Governor may direct, send to the
Labour Commissioner a correct return specifying
the number of injuries in respect of which compen-
sation has been paid by him under this Ordinance
during the previous year, and the amount of such
compensation together with such other particulars
as to the compensation as the Governor may direct


No.







ANTIGUA. 50 Workmen's Compensation. No.


and in default of complying with this section shall
be guilty of an offence against this Ordinance and
shall be liable on summary conviction to a penalty
not exceeding fifty dollars.

Display of 50. (1) There shall be displayed at or near
notice, every mine, quarry, factory or workshop a notice
containing such abstract of this Ordinance and the
regulations made thereunder as may be prescribed
by the Labour Commissioner.

(2) Any person who fails to comply with the
requirements of subsection (1) of this section shall
be guilty of an offence against this Ordinance and
shall be liable on summary conviction to a penalty
not exceeding ten dollars.

Regulations. 51. The Governor in Council shall have
power to make regulations for-

(a) prescribing the procedure and forms
in respect of matters to be done under this
Ordinance;

(b) matters which are specifically
mentioned in this Ordinance as being matters
which may be prescribed by regulation; and

(c) generally for carrying out the
objects and provisions of this Ordinance.

Enforcement. 52. The Labour Commissioner may
institute or cause to be instituted any prosecution
for the purpose of enforcing any of the
provisions of sections 25, 26, 27, 49 and 50
and any officer of the Labour Department may
appear as prosecutor for and on behalf of the
Labour Commissioner.

Revocation of 53. The declaration embodied in section 2
declaration of the Workmen's Compensation (General
and repeal.
911937. Legislative Competency) Ordinance, 1937, is
hereby revoked and the said Orhinance is hereby
repealed.


of 1955.







No. of 1955. Workmen's Compensation. 51 ANTIGUA.

54. This Ordinance shall come into
operation on a day to be appointed by the
Governor by proclamation published in the
Gazette.


President.

Passed the Legislative Council this
day of 1955.


Clerk of the Council.


SCHEDULE. SECTION 8(1)(o)(i).

Degree of
Injury Disablement
por centum.

Loss of two limbs
Loss of both hands or of all fingers and thumbs
Total loss of sight
Total paralysis
SInjuries resulting in being bedridden permanently 100
Any other injury causing permanent total disablement
Loss of remaining eye by one-eyed workman
Loss of remaining arm by one-armed workman
Loss of remaining leg by one-legged workman J
Loss of arm at shoulder ... ... 80
Loss of arm above elbow ... ... 70
Loss of arm below elbow ...... 60
Loss of hand at wrist ... ... 60
Loss of four fingers and thumb on one hand ... 60
Loss of four fingers ...... 45
Loss of thumb-both phalanges ... ... 35
one phalanx ... ... 15
Loss of index finger-three phalanges ... 15
two phalanges ... 10
one phalanx ... 8
Loss of middle finger-three phalanges ... 8
two phalanges ... 4
one phalanx ... 2
Loss of ring finger-three phalanges ... 8
two phalanges ... 4
one phalanx ... 2
Loss of little finger-three phalanges ... 5
two phalanges ... 3
one phalanx ... 2
Loss of metacarpals-first or second (additional) ... 5
third, fourth or fifth (additional) 5








ANTIGUA. 52 Workmen's Compensaton.


SCHEDULE-(contd.)

Injury.

Loss of leg-at hip joint ...
above knee ...
at knee
below knee ...
at ankle -..
Loss of foot-at ankle
above the junction of the foot with toes.
Loss of toes-all
great, both phalanges
great, one phalanx ...
other than great, if more than one toe lost
Loss of eye-eye out ...
sight of ...
lens of
sight of, except perception of light ...
Loss of hearing-both ears ...
one ear.....

Total permanent loss of use of member shall
loss of member.


Degrees of
Disablement
per centum.
75
70
70
60
40
40
35
35
15
15
each 3
40
40
30
40
70
20

be treated as


The percentage of incapacity for ankylosis of any joint
shall be reckoned as from 25 to 100 per cent., of the incapacity
for loss of the use of that member, according to whether the
joint is ankylosed in a favourable or unfavourable position.

In the case of a right-handed workman, an injury to the
left arm or hand and, in the case of a left-handed workman, to
the right arm or hand shall be rated at ninety per centum of
the above percentages.

Where there is a loss of two or more parts of the hand,
the percentage of incapacity shall not be more than for the
whole hand.

A one-eyed workman who on entering employment has
failed to disclose the fact that he is one-eyed to his employer
shall, if he loses his remaining eye, be entitled to compensation
in respect of a degree of disablement of forty per centum only.

For the purposes of this ,Schedule, a one-eyed workman
means a workman who has lost the sight of one eye.


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


[LPrioe cents.]


No. of 1955.


-316--9.55.




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