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Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00298
 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: VID00298
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001724221
notis - AJD6739
 Related Items
Succeeded by: Antigua, Montserrat and Virgin Islands gazette

Table of Contents
    Main
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
    Antigua - Ordinance, No. 18 of 1955: Harbours and Roadsteads (Amendment) Ordinance, 1955
        Page A 1
        Page A 2
    The Public Service Commission Instructions, Saint Christopher Nevis and Anguilla, 1956
        Page B 1
        Page B 2
        Page B 3
        Page B 4
        Page B 5
        Page B 6
        Page B 7
        Page B 8
        Page B 9
    Saint Christopher - Nevis - Anguilla - Statutory Rule and Order, No. 7 of 1956: Public Service Commission Regulations, 1956
        Page C 1
        Page C 2
        Page C 3
        Page C 4
        Page C 5
Full Text







RD ISLANDS


ETTE.


VOL. LXXXIV.


TlublieRSbY 1b utboritY.

THURSDAY, 19TH JANUARY, 1956.


Notices.


It is notified for general informa-
tion that under the provisions of
Regulation 3 of the Antigua Public
Service Commission Regulations 1956,
Statutory Rule and Order No. 4 of
1956, His Excellency the Governor
has been pleased to appoint Mr.
FRANCIS R. ANJO to be Chairman
and Mr. G. G. AUCHINLECK and Mr.
F. J. ODLE to be members of the
Public Service Commission for the
Presidency of Antigua.
Mr. J. L. ROBINSON has been
appointed Secretary to the Commis-
sion.

Administrator's Office,
Antigua.
17th January, 1956.
Ref. No. A.C. 131235.

It is hereby notified that approval
has been received for importations
from the United States of America
and Canada to continue during the
year 1956, under the Token Import
Scheme.
Administrator's Office,

Antigua.
18th January, 1956.
Ref. No. S.A. 40/32.

The Commissioner of Montserrat
announces with great regret the
death of Mrs. GERALDINE S. DALY
Certificated Teacher, Class I, Educa-
tion Department, Montserrat, which
occurred on the 5th January, 1956.

It is notified for general informa-
tion that Mr. GEORGE HENRY has
been appointed under Section 4 of
the Cattle Trespass Ordinance, 1910,
as keeper of a Public Pound at
Pigotts in the Parish of St. George in
place of Mr. W. ROBINSON.
Administrator's Ofice,
Antigua.
17th January, 195.
Ref. A. 50/40.


3 17.-L~f-


No. 7
Appointments and transfers etc.,
in the public service, with effect from
the dates stated, are published for
general information:-
THOMPSON, E. A., Administrative
Secretary, to be Financial Secre-
tary, Administration, Antigua.
Jan. 19
Ref. No. A.C. 13/65.

No. 8.
The Governor has, this day, been
pleased to assent to the undermen-
tioned Ordinance:-
SSt. Christoiphr-Nevis-Anguilla.
No. 4 of 1956, "The Transfer of
Sombrero (General Legislature Com-
petency) Ordinance, 1956."


No. 9.
The following Ordinance, Public
Service Commission Instructions,
Saint Christopher Nevis and Anguilla,
1956, and Statutory Rule and Order,
are circulated with this Gazette and
form part thereof:-
ORDINANCE.
Antigua.
No. 18 of 1955, "The Harbours
and Roadsteads (Amendment) Ordi-
nance, 1955." 2 pp. Price 4 cents
"The Public Service Commission
Instructions, Saint Christopher Nevis
and Anguilla, 1956."
9 pp. Price 15 cents.
STATUTORY RULE & ORDER.
Saint Christopher-Nevis-Anguilla.
No. 7 of 1956, The Public Service
Commission Regulations, 1956."
5 pp. Price 8 cents

It is notified for general informa-
tion that the Governor in Council has
made the following appointments:-
Hon. B. T. CARROTT to be Chairman
and Mr. JOHN MEADE to be mem-
ber of the Industrial Development
Board (Industrial Development
Ordinance, 1953, No. 13 of 1953)
in place of Hon. V. C. BIRD and
Hon. B. T. CARROTT respectively.


Mr. D. W. HURST to be Chairman
and Mr. CLARENCE JOSEPH to be
member of the Antigua Electricity
Board (Electricity, Ice and Cold
Storage Ordinance, 1948, (No. 1 of
1948), in place of Hon. E. H. LAKE
and Hon. L. HURST respectively.
Hon. L. HURST to be Chairman and
Mr. P. JULIAN to be member of
the Labour Welfare Fund Com-
mittee (Sugar Export Cess Regula-
tions, 1948, No. 5 of 1948), in place
of Mr. O. BIRD and Hon. E. E.
WILLIAMS respectively.
Mr. JOHN LAWRENCE to be a mem-
ber of the Central Board of Health,
(Central Board of Health (Constitu-
tion and Temporary Powers) Ordi-
nance, 1954, No. 15 of 1954) in
place of Mr. D. W. HURST.
The above appointments take effect
on 19th January, 1956.
ALEC LOVELACE,
Administrator.
Ref. No. A.C. 22/17.

TRADE MARKS OFFICE,
ANTIGUA, 29th December, 1955.
THE ARBORITE COMPANY
LIMITED of 385 Lafleur Avenue,
Town of LaSalle, Province of Quebec,
Canada, have applied for Registration
of one Trade Mark consisting of the
following:-


ARBORITE

in Class 17, that is to say:- Decora-
tive surfacing panels for surfacing
walls or other surfaces such as counter
or table tops, or other articles of
furniture.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for six
years before the date of their said
Application.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.
CECIL O. BYRON,
Acting Registrar of Trade Marks.


THE


NNo. 5.


~~






THE LEEWARD ISLANDS GAZETTE.


[19 January, 1956.


In the Supreme Court of the
Windward Islands and
Leeward Islands.

ANTIGUA CIRCUIT.
A.D. 1956.

Notice is hereby given that in pur-
suance of Rules made by the Chief
Justice under Section 16 of the Wind-
ward Islands and Leeward Islands
(Courts) Order in Council, 1939, and
duly approved as therein provided on
the 16th day of October A.D. 1941,
the Honourable the Puisne Judge
selected for the sitting of the Court in
the 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 30th January, 1956, at 10 o'clock
in the forenoon. -

Dated the 6th day of January, 1956.

CECIL O. BYRON,
Acting Registrar of the Supreme
Court.


INCOME TAX NOTICE.

The Income Tax Ordinance No.
7 of 1945 (as amended).
PUBLIC OFFICERS AND PENSIONERS.
Any public officer or pensioner
liable to pay income tax whose
income including that of his wife
consists solely of his and/or her
emoluments as a public officer or


pensioner or other allowance from
public funds, shall deliver a true
and correct return of his whole
income to the Commissioners not
later than the 31st day of January,
1956. (Section 67 and S. R. & O.
1946, No. 13).

OTHER PERSONS.

Every person (including a com-
pany) liable to pay income tax shall
deliver a true and correct return of
his whole income not later than the
31st day of March, 1956 (Section 67
and S. R. & 0. 1946, No. 13).

AGENTS, TRUSTEES, ETC.

Any person having the direction,
control or management of any
property or concern, or being in
receipt of income; on behalf of any
person, whether resident or non-
resident, as attorney, factor, agent,
trustee, curator or committee
should make and deliver to the
Commissioners a return in respect
of such property, concern or income
not later than the 31st day of March,
1956. (Sections 28 and 29).

GENERAL.
Any person may be considered to
be liable to pay income tax if his
income from all sources exceeds one
hundred and twelve pounds ($537.60).

All claims for deduction from
income tax must be substantiated by
the production of receipts or other
bona fide evidence.


PENALTIES.
Any person liable to pay income,
tax who fails to make or deliver a
return within the prescribed period
shall be guilty of an offence against
this Ordinance and shall be liable on
conviction to a penalty not exceed-
ing one hundred pounds, and in
default of payment to imprisonment
with or without hard labour for a
term not exceeding six months.
Section 68.

Any person who makes or delivers
a false return or keeps or prepares
any false accounts or particulars
concerning any income on which
tax is payable shall be guilty of
an offence and shall be liable on
conviction to a fine not exceeding
five hundred pounds, or to imprison-
ment with or without hard labour
for a term not exceeding six months.
(Section 64).

E. G. 0. M. BERRIDGE,

for the Commissioners.



RAINFALL FIGURES.

Central Experiment Station,

Antigua.


Month. 1952. 1953. 1951, 1955. 1956.
Jan. to 14th .45 .91 1.78 1.86 4.82


Medical Act, 1937.
Pursuant to Section 23 of the Medical Act, 1937, of the Leeward
(Amendment) Act of 1948 the following registrations are hereby notified:-

MEDICAL PRACTITIONER


REGISTRAR'S OFFICE,
ANTIGUA, B.W.I.
12th January, 1956.

Islands as amended by the Medical


Name.


Dr. Bertram H. Ross



Dr. Jean Lenore Harney



Dr. R. J. J. Henry

Dr. Margaret M. R. O'Garra


Qualification.


M.B., B.S. (Lond)
M.R.C.S. (Eng.)
L.R.C.P. (Lond) 1952

L.M.S.S.A. (Lond)
M.R.C.S. (Eng.)
L.R.C.P. (Lond) 1952

M.B., B.S. (Durham) 1953

M.B., B.S. (Lond) 1954


Date Registered.


14th December, 1955



14th December, 1955



14th December, 1955

11th January, 1956


Registration No.


178



174



179

180


CECIL O. BYRON,
Acting Registrar.






THE LEEWARD ISLANDS GAZETTE.


IN THE COURT OF APPEAL FOR THE WINDWARD ISLANDS AND
LEEWARD ISLANDS.

ON APPEAL FROM THE SUPREME COURT OF THE WINDWARD ISLANDS
AND LEEWARD ISLANDS.

APPPELATE JURISDICTION.
Between:-
JOSEPH E. BYRON Appellant.
and
PEARL LEWIS Respondent.
1954. No. 2-ANTIGUA.
Before:-
JACKSON C.J.
GORDON J.
LEWIS J. (Acting)
1955. December 12, 15.
Mr. R. H. LOCKHART for appellant.
Mr. S. T. CHRISTIAN for respondent.

JUDGMENT.

This is an appeal from the decision of Date, J., sitting in the Appellate Jurisdiction of the
Supreme Court, quashing a conviction of the respondent by the Acting Magistrate of District "A ",
Antigua, on a charge of keeping intoxicating liquor for sale by retail without being duly licensed to sell
the same.
Section 23 of the Licensing Act (No. 4 of 1879), as amended by section 2 of the Licensing
Act, 1879, Amendment Ordinance, 1921, in so far as it is relevant reads as follows:-
Any person who sells or offers for sale or keeps or exposes for sale wholesale or by retail any
intoxicating liquor without being duly licensed to sell the same, or at any place where he is not
authorised by his licence to sell the same shall be liable to the following penalties:-
(1) For the first offence he shall be liable to a penalty not exceeding fifty pounds, or
to imprisonment with or without hard labour for a term not exceeding one month."
The facts, as found by the learned Magistrate were, briefly, that on the 3rd April 1954 the
respondent was living with her husband in a house at Cedar Grove. On that day the house was searched
by the police who found concealed under a mattress in the bedroom 12 bottles of rum, and in the sitting
room a bottle of rum, two empty pint bottles smelling of rum, and two tins containing eleven shillings
and two pence. On the police seizing these things the respondent said All you give me my money-
me have to sell rum till I dead. Ah dat me ah live by-if all you carry them away before the night out
more have to come"' or words to that effect.
The respondent and her husband were both charged and were tried together. Each was
convicted and fined $45 and in default of payment ordered to be imprisoned with hard labour for two
months; one month was allowed for payment of the fines.
Against her conviction the respondent appealed, and at the hearing of the appeal it was urged
on her behalf that she could not lawfully be convicted of keeping liquor for sale on premises occupied by
her husband and herself when her husband was also convicted. On this point Date, J., held that in
view of the fact that the evidence accepted by the Magistrate tended to show that the appellant was the
one actively concerned in the business of keeping the rum for sale, and that there was no evidence that
the respondent had acted under the coercion of her husband it was open to the learned Magistrate to
convict the respondent.
At the hearing of the appeal, however, the Acting Crown Attorney drew attention to two
previous decisions of the Supreme Court (in its Appellate Jurisdiction) in Christian v. Hill (Leeward
Islands Gazette No. 33 of 13th March 1947 at page 97) and Osborne v. Silcott (Leeward Islands Gazette
No. 40 of 10th April 1947, at page 121) in both of which Cools-Lartigue, J., held that the Magistrate
had no power to order imprisonment in default of payment of a fine imposed in respect of an offence
under section 23 of the Licensing Act, without first issuing a warrant of distress under section 61 of the
Act. Date, J., held that he was bound by these decisions and accordingly quashed the conviction.


19 January, 1956.]





THE LEEWARD ISLANDS GAZETTE.


Against this decision the present appeal has been brought, on the following grounds:-
(1) That the learned Judge misdirected himself and was wrong in law in holding that the
Court, in its appellate jurisdiction, was bound by the decisions of Cools-Lartigue, J., given
in the cases of Christian vs. Hill (Leeward Islands Gazette of 13th March, 1947 at page
97) and Osborne vs. Silcott (Leeward Islands Gazette of 10th April, 1947, at page 121)
for the following reasons-
(a) The learned Judge was bound by the decision of the Court of Appeal for
the Windward Islands and Leeward Islands in the case of Mlaude Thibou and 4rthur
J. Bowery (Leeward Islands Gazelle of 8th February, 1951 at page 38) affirming a
Judgment of the Acting Chief Justice, sitting in the Supreme Court in its appellate
jurisdiction dismissing an appeal from a conviction and sentence of a fine of 50 and
in default of payment thereof imprisonment for three months with hard labour made
under section 23 of the Licensing Act, 1879, as amended;
(b) It was not brought to the notice of Cools-Lartigue, J., (whose decisions in
the cases in question were based on the English cases of In Re Brown (1878) 3
Q.B.D. 545 and In Re Clew (1882) 8 Q.B.D. 511 that there was no provision in
the Magistrate's Code of Procedure Act (Cap. 61) or in the Licensing Act, 1879,
analogous to sections 16 and 19 of the Summary Jurisdiction Act, 1848 (11 & 12
Vict. c. 43) which authorises the issue of a warrant of distress in the first instance on
conviction for an offence where the Statute creating that offence provides no mode of
levying the penalty;
(c) That in view of ground (1) (b) the learned Judge could not otherwise than
be satisfied that the said decisions of Cools-Lartigue J. were given per incuriam, and
consequently he was wrong in law in holding that he was bound by the said
decisions;
(d) That the learned Judge erred in not stating what was the ratio decidendi in
the cases of Brown and Clew which had made him come to the conclusion, after close
examination of the cases, that he was bound to follow the decisions of Cools-
Lartigue, J.
(2) That, if it should be held that the learned Judge was bound by the aforesaid decisions of
Cools-Lartigue, J., the said decisions and/or the judgment of the learned Judge appealed
from are wrong in law in so far as it was thereby expressly or impliedly held that, by
virtue of the provisions of section 61(1) of the Licensing Act, 1879, or of any other
provision or decision, prior to ordering imprisonment in default of payment of a penalty
under section 23 of the said Act, as amended, the Court must first order a distress to be
made; for the reasons stated in paragraphs (a) and (b) of ground (1) and for the
following reasons:-
(a) the judgment of the Magistrate was in accordance with the provisions of
section 120 of the Magistrate's Code of Procedure Act;
(b) the said provisions of section 61 of the Licensing Act, 1879 were impliedly
repealed by section 120 of the Magistrate's Code of Procedure Act, 1891 (now
chapter 61 of the Revised Federal Acts of the Leeward Islands);
(c) the said provisions of section 61 of the Licensing Act, 1879 are, by virtue
of section 11(2) of the Leeward Islands Act 1871 to 1950, void for repugnancy to
the provisions of section 120 of the said Magistrate's Code of Procedure Act."
The respondent filed a cross-appeal urging that the learned Judge was wrong in law in holding
that it was open to the Magistrate to convict the respondent of the offence of keeping liquor for sale
since her husband and herself were occupying the premises where the rum was kept and her husband
was convicted of the offence of keeping the liquor for sale at the same premises.
At the hearing the learned Crown Attorney argued only grounds l(a), 2(b) and 2(c) as set
out in the Notice of Appeal.
Mr. Christian, who appeared for the respondent, took an objection in limine that the Court
had no jurisdiction to hear the appeal. He submitted that section 14(1) (d) of the Leeward Islands and
Windward Islands Courts Order in Council, 1939, as amended by S. R. & 0. No. 7 of 1941, referred to
in the notice of appeal, applied only to civil appeals, and also that sections 196 and 197 of the
Magistrate's Code of Procedure Act (Cap. 61) as replaced by section 4 of the Magistrate's Code of
Procedure Act (Amendment) Ordinance, 1946, which give to a party aggrieved a right of appeal to this
Court, and to this Court jurisdiction to hear the appeal, did not apply to the Crown, since the Crown
was not a party aggrieved.


[193 Jantiry, 19356.





THE LEEWARD ISLANDS GAZETTE.


The Leeward Islands and Windward Islands Courts (Amendment) Order in Council, 1949
declared (1) that the power conferred upon the Governors of the Leeward Islands and Windward Islands
by subsection (2) of section 14 of the principal Order, to confer jurisdiction upon the Court of Appeal in
certain matters includes, and shall be deemed always to have included, power to confer jurisdiction upon the
said Court in any matter not specified in subsection (1) of the said section and not falling within section
13 of the principal Order; ;an (2) that section 19 of the principal Order shall be deemed always to have
included a reference to jurisdiction.
In our opinion, this amending Order removed all doubts which might previously have existed
as to the jurisdiction of this Court to hear appeals from an order made by a Judge on appeal from an
order of a Magistrate in a criminal case. Section 13 of the principal Order deals only with appeals by
persons convicted before the Supreme Court sitting in its criminal jurisdiction; the right of appeal and
the jurisdiction granted and conferred by sections 196 and 197 of the Magistrate's Code of Procedure
Act Cap. 61, do not fall within its provisions and clearly fall within the provisions of section 14 (2).
With respect to the right of the Crown to appeal, Mr. Christian conceded that the Judge having ordered
the appellant to pay costs the appellant was a party aggrieved "
The preliminary objection was accordingly overruled.
The first point for decision in this appeal may be stated thus: Did the learned Magistrate,
on a conviction under section 23 of the Licensing Act, 1879, have power to order imprisonment in default
of payment of a fine without first making an order for distress.
With regard to the first ground of appeal it is sufficient to state that although the decision of
this Court in Thibou v. Bowery (supra) dealt with the case of a conviction and sentence under section
23 of the Licensing Act, 1879, the point raisedin the instant case was not argued or dealt with in that
case, and it cannot therefore be considered as an authority on this question.
In his decisions in Christian v. Hill (supra) and Osborne v. Silcott (supra), Cools-Lartigue, J.'
purported to follow the cases of In re Brown (1878) 3 Q.B.D. 545 and In re Clew (1882) 8 Q.B.D. 511'
Both of these cases arose under section 3 of the English Licensing Act (35 & 36 Vict. c. 94), under
which a person convicted of keeping intoxicating liquor for sale on unlicensed premises was liable to a
penalty or to imprisonment. It was held that the punishments were alternative and that where the
justices imposed a penalty they could not order imprisonment in default of payment without first
issuing a warrant of distress under section 51 of the Act; and that section 21 (3) of the Summary
Jurisdiction Act, 1879 (42 & 43 Vict. c. 49) did not apply to the Licensing Act. In the case of In re
Clew (supra) Lopes, J., said, at page 514:
"I think the Summary Jurisdiction Act had no application. Section 21 subsection 3
"provides that where a person is adjudged to pay any sum of money, and in default of
payment a warrant of distress is authorized to be issued, and it appears to the Court
that the person has no goods or insufficient goods, or that the levy of the distress
"will be more injurious than imprisonment, such Court may order the person, on non-
"payment, to be imprisoned. I think that sub-s. 3 applies solely to cases where the
"justices may impose punishment by fine or, in default of payment, imprisonment."
In Christian v. Hill Cools-Lartigue, J., held that as section 61 (1) of the local Licensing Act,
1879, was similar in terms to section 51 of the English Licensing Act a Magistrate who imposed a
penalty must first order distress to be made before ordering imprisonment in default of payment of the
penalty, and that sections 120 and 125 of the Magistrate's Code of Procedure Act (Cap. 61) did not
apply to the Licensing Act. In Osborne v. Silcott he further held that this was so even though
the penalty imposed was less than 5. It is therefore necessary for this Court to consider whether
Christian v. Hill and Osborne v. Silcott were rightly decided.
It will be convenient at this stage to set out the relevant sections of the Acts under considera-
tion. The Licensing Act 1879, s. 61 (1) reads as follows:-
"61. Except as in this Act otherwise expressly provided, every offence under this Act
may be prosecuted, and every penalty and forfeiture may be recovered and enforced
in manner provided by the Magistrate's Code of Procedure Act, 1891, subject to the
following provisions:-
(1) Where the Court of Summary Jurisdiction orders that a distress shall be made in default
of the payment of any penal sum exceeding five pounds, including under that expression
costs actually adjudged in respect of an offence, the Court may order that, in default of
the said sum being paid as directed, the person liable to pay the same shall be imprisoned
for any term not exceeding the period specified in the following scale:-
For any sum exceeding five pounds, but not exceeding ten pounds, three months.


19 January, 1956.1





18 THE LEEWARD ISLANDS GAZETTE. [19 January, 1956.
For any sum exceeding ten pounds, but not exceeding thirty pounds, four months.
For any sum exceeding thirty pounds but not exceedil'g fifty pounds, six months.
For any sum exceeding fifty pounds, a year."
Section 120 of the Magistrate's Code of Procedure Act, (Cap. 61) reads thus:-
A Magistrate by whose conviction any sum is adjudged to be paid may do all or any of
the following things, namely;
(a) Order imprisonment in the first instance, unless such sum be paid forthwith;
(b) Allow time for the payment of the said sum;
(e) Direct payment to be made of the said sum by installments;
(d) Direct that the person liable to pay the said sum shall be at liberty to give
to the satisfaction of that Magistrate, or such person as may be specified by him,
security with or without a surety or sureties for the payment of the said sum or of
any installment thereof and such security may be given and enforced in manner
provided by this Act;
(e) Issue a warrant of distress for the leaving of the said sums;
(f) Order imprisonment in default of sufficient distress or of the payment of
any instalment."
Section 125 of the same Act states:-
The period of imprisonment imposed by a Magistrate under this or any other Act in
respect of the non-payment of any sum of money adjudged to be paid by a conviction or in
respect of the default of a sufficient distress to satisfy any such sum or in respect of the
default of payment of any instalment of such sum shall notwithstanding any enactment
to the contrary in any past Act be such period as in his opinion will satisfy the justice of
the case, but shall not in any case exceed the maximum fixed by the following scale:-
Where the amount of the sum or The said period
sums of money adjiuged shall not
to be paidl- exceed-
Does not exceed ten shillings ... 14 days
Exceeds 10/- but does not exceed 1 ... 30 days
,, 1 ,,,, 5 ... 2 months
,, ,, ,, ,, 20 ... 4
S 20 ...... ... 6
and may be either with or without hard labour in the discretion of the Magistrate."
Now it is to be noted that section 61 of the Licensing Act, which is a Presidential Act,
expressly refers to the Magistrate's Code of Procedure Act, a Federal Act governing procedure in
the Magistrate's Court, and states that penalties are to be recovered and enforced as provided in
that Act except as in this Act otherwise expressly provided,".........and "subject to the following
provisions." It was contended for the appellant that the provisions of section 61 (1) conflict with
those of section 120 of the Magistrate's Code of Procedure Act and were therefore void for
repugnancy. We do not consider that there is any conflict between the two provisions. On the
contrary we are of opinion that section 61 (1) is additional to the provisions of the Magistrate's
Code of Procedure Act and is limited in its application to the cases to which it expressly refers.
Section 120 of the Magistrate's Code of Procedure Act expressly authorises the Magistrate
to order imprisonment in default of payment of the n hole or any instalment of a sum adjudged to
be paid, without requiring distress to le first issued. In this respect it differs significantly from
the corresponding section (section 7) of the Summary Jurisdiction Act, 1879, which contains
provisions similar only to (b), (c), (d) and (e) of section 120. Indeed, the Summary Jurisdiction
Act, 1879, contemplated that penalties should he recovered by distress, and allowed imprisonment
to be ordered in default of payment only where distress proved to be in fact inadequate, or in the
cases specially provided for in section 21. It was in this setting that it was held in In re Brown
and [n re Clew that although section 21 (3) of the Act provided for imprisonment to be ordered in
default without first issuing a warrant of distress where the court was satisfied that distress would
be useless or inappropriate, that section applied solely to cases where the statute creating the
offence authorised punishment by fine, or in default of payment, imprisonment. In our view,
section 61 of the Licensing Act, 1879, incorporates by refereenc the provisions of section 120 of the
Magistrate's Code of Procedure Act, and thus expressly gives to the Magistrate the option of
imposing imprisonment in default of payment of the penalty under paragraph (a), or of issuing a
warrant of distress under paragraph (e).






THE LEEWARD ISLANDS GAZETTE.


It follows from what we have said above that Cools-L:rtigne, J., erred in thinking, As he
said in Osborne v. Silcott, that the relevant provisions of the Sunim ary Jurisdiction Act, 1879, were
exactly similar to the local law; and that in our opinion, (hrilzian r. lill and Osborne v. Silrott
were wrongly decided.
Before us counsel for the respondent herein sought and was granted leave to add an
additional ground to his cross appeal setting out why the conviction and sentence should not be
sustained in that "it was not open to the Magistrate to convict the appellant-respondent of the
offence and to sentence her in the alternative to a term of imprisonment of two months with hard
labour" inasmuch as section 23 of Licensing Act, 1879, did not permit the said Magistrate to
order a term of imprisonment exceeding one month."
This question was considered in the case of The Queen v. Hopkins (1893) 1 Q.B. 621, where
a similar point arose. !keferrii- to the argument that the legislature never could have intended
that a man should be liable to be sent to prison for non-payment of a penalty for a longer term
than that for which he was liable to be sent to prison by way of punishment for the offence for
which the penalty was imposed Bruce, J., said:
But it seems to me that the legislature has expressed, and in words which admit of
no doubt, exactly the opposite intention ...........I do not think we ought to set aside the
ordinary rules of construction upon the assumption that the legislature never could have
intended to adopt a principle which it has, as it seems to me, expressly adopted in the very
Act which is now under consideration."
Again in the case of The King v. Leach and Another 1913 3 K.B. p. 40 where the defendant
was convicted under section 65 of the Licensing (Consolidation) Act, 1910, and fined 25 in
default of payment to be imprisoned for three months the same question was raised. Darling, J.,
-as he then was, in delivering his judgment referred to the case of The Queen v. Hopkiins and said-
I am still of opinion that the argument used by the Court in that case applies to
the present case, as well as the observations of Lord Coleridge C.J. that it is a great
anomaly to hold that a man can be sent to prison for a longer time if he is merely fined
for an offence than le could be if he in the first instance received a sentence of imprison-
ment for the offence itself, but that only Parliament could remove the anomaly by
repealing or amending its statutes. That was said in 1893, and, seventeen years after-
wards, namely, in 1910, when the Licensing (Consolidation), Act, 1910, was passed
Parliament had an opportunity of remedying the anomaly which Lord Coleridge referred
to but Parliament did not do so; on the contrary, it deliberately re-enacted it in the same
form as that in which it was at the date of the decision of Reyi. r. Hfopkins; for by section
99 of that Act it is provided that except as otherwise provided, any offence under this
Act may be prosecuted and every fine of forfeiture may be recovered and enforced in
manner provided by the Summary Jurisdiction Acts." Sect. 65 of the Act does not
otherwise provide as to the method of recovering fines imposed in respect of the contra-
vention of that section, and, therefore the Summary Jurisdiction Acts apply."
Similarly here, section 61 of the Licensing Act 1879 does not otherwise provide, and
therefore the Magistrate's Code of Procedure Act applies.
In the present case the term of imprisonment ordered by the Magistrate was authorised
by section 125 of the Magistrate's Code of Procedure Act.
We now turn to the question raised in the cross appeal, namely, whether the Magistrate
erred in law in convicting the respondent when he also convicted her husband of .the same offence.
It was urged by learned counsel for the respondent that the offence of keeping liquor for sale
without a licence was a passive one, and that the responsibility for the unlicensed liquor prima
facie lay with the person who had charge of the premises on which it was kept. He submitted
that since the husband was in charge of the marital home he was the person prima facie responsible,
and that as in this case he had been convicted it was not open to the Magistrate to convict the
respondent also.
While we agree with the proposition that the husband, being in charge of the marital home,
would be the person prima facie responsible, the evidence in this case shows clearly that the respondent
identified herself with and assumed responsibility for the liquor which was found on the premises. In
the course of his argument Mr. Christian submitted that the statements made by the respondent at the
time of the search were merely petulant remarks" not involving guilt, and drew attention to the fact
that the respondent had later said that she was not guilty. At the trial however the respondent did not
adopt this attitude but denied that she had made the statements. The Magistrate rejected her denial
accepted the evidence of the police as he was entitled to do, and convicted her. The husband has not
appealed and we express no opinion as to whether or not he was properly convicted, but we are clearly


19 January, 195'i.]





20 THE LEEWARD ISLANDS GAZETTE. [19 January, 1956.

of opinion that there was ample evidence before the Magistrate upon which he could convict the
respondent.

In the result the appeal is.allowed, the order of the learned Judge is set aside, and the
conviction and sentence by the Magistrate affirmed.

DONALD JACKSON,
Chief Justice.

K. L. GORDON,
Puisne Judge.

A. M. LEWIS,
Acting Puisne Judge.


















































ANTIGUA.
Printed at the Government Printing Offoe, Leeward Islande, by E. M. BLAcrMAN,
Government Printer-By Authority.
1956.
[Price 37 oente.]







Harbours and Roadsteads
(Amendlment).


[L.S,]
[ ASSENT,
K. W. BLACKBURNE,
Governor.
31st December, 1955.
















ANTIGUA.


No. 18 of 1955.


An Ordinance to amend further the Harbours and
Roadsteads Act, 1894.

ENACTED by the Legislature of Antigua
as follows:---

1. This Ordinance may be cited as the Short title.
Hartours and Roadsteads (Ameniidment) Ordi-
nance, 1955 and shall hc read and construed as
one with the Hirboirs and ]Roiadste.lns Act, 184, 3194
as amended (hreinafter called the Principal 9/1952
Ordinance).


2. Section 6 of the Principal Ordinance is
herebyv repealed and replaced as follows:-


6. (1) It shall be lawful for the Governor
from time to time to appoint such persons as
iuiay seem fit to be Harbour Master and
Deputy IHrbour Masters for the Presidency.


Section 6 of
tho Principal
Ordinance
repealed and
replaced.
Appointment
of Harbour
Meter
and Deputy
Harbour
Matter.


No. 18 of 1955.


ANTIGUA.








ANTIGUA. 2 Harbours and Roadsteads
(Amendment).


No. 18 of 1955.


(2) Every Deputy HEarbour Master
shall have all the powers and duties of the
Harbour Master and be subject to all the
provisions of this Act, save and except that
he shall have no power to make or declare
any general rule or regulation or to rescind
or alter any order, rule or regulation m-
by the Harbour Master. "



ALEC LOVELACE,
President.

Passed the Legislative Council this 29th day
of December, 1955.

F. A. CLAKE1,
Acting Clerk of the Council.
























ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, 4}overinenlt Printer.- By Authority.
1956.


[Price 4 cent-31,'


500-1.56.









Saint Christopher Nevis and
Anguilla.

The Public Service Commission In-
structions, 1956, made by the
Governor under Regulation 6 of
the Public Service Commission
Regulations, 1956, (S. R. & 0. 195.6
No. 7) this 18th day of January,
1956.
PART I.
PRELIMINARY.
Title and
1. (1) These Instructions may be cited is Application.
the Public Service Commission Instructions, 1956.
(2) These Instructions shall apply to all
members of the Public Service except as provided
in paragraph 15.
Interpreta-
2. In these Instructions unless the context tion.
otherwise requires:-
Administrator shall have the same mean-
ing as in the Ordinance;
appointment means the conferment of an
office of emolument in the public service,
whether or not subject to subsequent
confirmation, upon a person not in the
public service; the grant of permanent
and pensionable terms of service in a
public office to a person recruited and
serving on contract or agreement in a
pensionable or non-pensionable public
office; the re-engagement of a person
on contract or agreement for a further
period in the same or another public
office; the permanent transfer to an
office in the public service of a member
of the Civil Service of the United
Kingdom who is serving on temporary
transfer in an office in the public
service; the paid appointment of a public
officer to act in any public office other
than the office to which lie is substan-
tively appointed;








"the Chairman means the person appointed
under regulation 3 of the Public Ser-
vice Commission Regulations, 1956, as
Chairman of the Commission and shall
include an acting Chairman;
" the Commission means the Public Service
Commission appointed under the Public
Service Commission Regulations, 1956;
"Governor" shall have the same meaning as
in the Ordinance;
" Member means any person appointed
under the Public Service Commission
Regulations, 1956, as Chairman or
Member of the Commission, and shall
include any person appointed under those
Regulations to be a temporary Member;
"office of emolument" means any pensiona-
ble or non-pensionable post which is
shown under a Personal Emoluments
sub-head in the current Estimates of
the Presidency;
"officer in charge of prison discipline ", "the
Keeper ", subordinate officer" and
Visiting Justices" shall have the same
meanings as in the Rules and Regu-
lations for the Government of Prisons
made by the Governor in Council on
the 18th day of August, 1909, as
amended;
" promotion" means the conferment upon
a person in the public service of a public
office to which is attached a higher
salary or higher salary scale than that
attached to the public office to which he
was last substantively appointed;
" public office ", public officer and public
service" shall have the same meanings
as in the Ordinance;
" the secretary means the person appointed
under the Public Service Commission
Regulations, 1956, as secretary of the
Commission;









"salary" means' basic salary;


scale" means a salary scale as from time to
time set out in the Estimates of Revenue
and Expenditure;

"the Ordinance" means the Public Service
Commission Ordinance, 1956; 3/1956.

transfer" means the conferment, whether
permanently or on secondment upon a
person in the public service of such
public office other than that to which
he was last substantively appointed
which involves no question of an imme-
diate promotion.

3. (1) The Commission shall advise the Duties of the
Governor or the Administrator on such appoint- Commission.
ments, promotions and transfers of public officers
as are required to be submitted to the Secretary
of State, or the Governor, or the Administrator
for approval:

Provided that this function shall not in any
way affect the power and authority of the
Secretary (o State to fill any post of the class
referred t, in paragraph 11 (1) of these Instruc-
tions in accordance with the provisions of Colonial
Regulations.

(2) The Commission shall when required
advise the Governor or the Administrator on-

(a) disciplinary procedure in accordance
with such instructions as may be issued by
the Governor;
(b) all recommendations that an officer
should be retired on the grounds of general
inefficiency;

(c) such other functions as are vested
in the Governor by the Ordinance.










PART II.
APPOINTMENTS (INCLUDING PROMOTIONS
AND TRANSFERS).

Control of 4. In order to discharge its duties under
reoruitnenit. paragraph 3 of these Instructions the Commission
may exercise control ovor and may be required to
approve all schemes for admission to any public
office by examination, for the award of scholarships
for special training and facilities for courses of
instruction, and over all other methods of recruit-
ment, including the appointment and procedure
of Boards for the selection-of candidates. It may
prescribe the manner in which applications for
Government appointments should be made and
arrange for such examination s asmay be consid-
ered necessary to be held before any candidate is
admitted to the public service.

Principles 5. (1) In making recommendations for
relating to first appointments to the public service, the
selection for L i I
first appoint- Commission shall be guided by the principle that
nmnts and prior consideration shall be given to the claims
Portion. of suitably qualified local candidates.


(2) In making recommendations for pro-
motions within the public service, the Commission
shall be guided by the principle that prior
consideration shall be givcn to the claims of
suitably qualified public officers serving in the
Presidency.


Advertisement
of vacancies.







Principles and
Irocfd nl
applic;ale to
Siot.iuni for
promotion.


6. Where the Commission considers it
necessary to advertise the existence of a vacancy
in the public service, the requirements of the
vacant posr and the qu(tdiiitiions necessary for
it shall be settled by the Governor or the
Administrator. The Conlmission shall publish.
the ,advertisement, and shall consider any replies
received thereto.

7. (1) In m inc:;i' irconmmend:ltions for
promotions in the puifi. service the Cominission
shall consider the clainim, of public officers; ,n the
basis of official qualifications, experience and merit.










(2) Recommendations for promotion shall
state whether the person recommended is the
senior officer in his department eligible for
promotion and where this is not the case detailed
reasons shall be given in respect of each person
in that same department over whom it is proposed
that the person recommended should be promoted.

8. Where the General Orders require that Eiuie.ncy bar
progress to a higher point in a salary scale is examination.
dependent on the results of an efficiency bar
examination, the (Commiisioin shall arrange and
conduct the said examination in accordance with
a syllabus prepared by tie Commission and
published in the Gazette.


9. The principles and procedure for mak-
ing recommendations for paid acting appointments
shall be the same as that prescribed in these
Instructions for making a promotion. When
recommending an acting appointment it shall be
stated whether or not the officer recon mended
for acting appointment is in every way qualified
to perform ill the duties of the office in which he
is to act.

10. When it is necessary to make an
appointment, promotion or transfer, the proce-
dure prescrilbd in paragraphs 11 and 12 of these
Instructions shall be followed except that, where
,any delay involved in carrying out such procedure
is likely to cause serious inconveniences, the
Governor or the Administrator shall report the
matter to the Chairman who may as a matter
of urgency recommend an acting appointment
without regard to that procedure.

11. The procedure governing recommenda-
tions for appointments, promotions and trniinsfers
in the public service shall be in accordatii.ce with
the following classification :-

(1) (CLAr.s A-Posts of which the initial
salary is lnot less than ~4,800 per annum and
the filling of which requires the approval of
the Secretary of State.


Princip'les
relating~ to
act it t1
a4)pointmellts.


Departure
from
procedure in
special
circumictan ls.








Procedure
relating to
aippouintmpints
to bo filled
otherwise
than by
examilination.









(a) As soon as a vacancy occurs or
is known to be impending, the Governor
or the Administrator shall notify the
secretary and furnish him with details of
the requirements of the post, the qualifi-
cations necessary, and the emoluments
attached thereto.
S(b) The Commission shall consider
public officers in the Presidency, in
accordance with the principles in para-
graphs 5 and 7 of these Instructions.
(c) If in the opinion of the Commis-
sion there is no local public officer suitably
qualified for appointment to the post, the
Commission may seek the advice of the
Public Service Commission in any other
British Caribbean Territory or may con-
sider other local candidates not in the
public service.
(d) The Commission shall make
recommendations to the Governor for
filling the post in order that the Governor
may submit his recommendations to the
Secretary of State.
(e) If the Commission is unable to
recommend the appointment of a candidate
it shall inform the Governor accordingly
stating the steps which have been taken.
to ascertain whether a suitable candidate
is available and the reasons why a recom-
mendation cannot be made.

(2) CLASS B-Posts above scale I in the
Salary Scales of the Civil Service, the filling of
which requires the approval of the Governor.

(a) As soon ais a vacancy occurs or is
known to be impending, the Governor
Sor the Administrator shall notify the
secretary and furnish him with details of
the requirements of the post, the qualifi-
cations necessary, and the emoluments
attached thereto.









(b) The Commission shall consider
public officers in the Presidency, in
accordance with the principles in para-
graphs 5 (2) and 7 of these Instructions.

(c) If in the opinion of the Commis-
sion there is no public officer in the
Presidency who is suitably qualified to fill
the post, the Commission may then
consider other public officers outside the
Presidency and, if necessary, advertise
the post in accordance with paragraph 6
of these Instructions.
(d) The Commission shall then
make recommendations to the Governor
for filling the post.

(3) CLASS C-Posts in the graded ser-
vice (scales I to XIV in the Salary Scales
of the Civil Service) and other posts, the
filling of which requires the approval of the
Administrator.

(a) As soon as a vacancy occurs
or is known to be impending, the
Administrator shall notify the secretary
and furnish him with details of the
requirements of the post, the qualifications
necessary, and the emoluments attached
thereto.
(b) The Commission shall consider
public officers in the Presidency, in
accordance with the principles in para-
graphs 5 (2) and 7 of these Instructions.

(c) If in the opinion of the Commis-
sion there is no public officer in the
Presidency who is suitably qualified to fill
the post, the Commission may then con-
sider other public officers outside the
Presidency or candidates selected as a
result of examinations in accordance with
paragraph 12 of these Instructions, or
may advertise the post.









(d) The Commission shall then
make recommendations to the Adminis-
trator for filling the post.

Vacancies to 12. Where vacancies are to be filled according
bexamitions to the results of examinations in conformity with
any approved scheme of recruitment the procedure
set out in paragraph 11 of these Instructions.shall
not apply. The Governor or the Administrator
shell notify the vacancies to the secretary and the
Commission shall arrange for the holding of neces-
sary examinations in accordance with the scheme of
recruitment.

PART III.
MISCELLANEOUS.

Representa- 13. The Commission shall not consider
tionn from representations from individuals (including individ-
nal officers) except when required to do so by the
Governor or the Administrator.

cases not 14. Any case not covered by these Instruc-
covered. tions shall be reported to the secretary and the
Commission may refer the case to the Governor
who may issue instructions under his hand as to
how the case shall be dealt with, and the case shall
be dealt with accordingly.

Savings. 15. Nothing in these Instructions shall-

(a) apply to any member of the Gover-
nor's personal staff;

(b) apply to any Judge of the Supreme
Court or any Magistrate;

(c) apply to any office or rank in a Naval,
Military or Air Force constituted by or raised
under any enactment;

(d) apply to any appointments to and
promotions in the Oversea Audit Service;









(e) affect the powers and responsibility
conferred upon the Commissioner of Police by
the Police Act, 1951, as amended, and any
regulations made thereunder, in respect of
aLppoilntmnts, promotion and discipline of all
ranks of the Police Force below the rank of
Inspector; or of the powers and responsibility
conferred upon the officer in charge of prison
discipline, the Keeper or the Visiting Justices
by the Rules and Regulations for the Govern-
ment of the Prisons made by the Governor
in Council on the 18th day of August, 1909,
as amended, in respect of discipline of subordi-
nate officers.


16. These Instructions shall come into co,
operation on the 19th day of January, 1956. mO

Dated this 18th day of January, 1956.


K. W. BLACKBURNE,
Governor.





















A NTIGUA.
Printed at the Government Printing Offioe, Leeward Islands,
by E. M. BLAOKMAN, Government Printer.-By Authority.
1956.


12/1951.


nmmenco-
nt.


13100325--350--1.56.


[Price ?5 ceihfs.]









LEEWARD ISLANDS.
SAINT CHRISTOPHER NEVIS AND ANGUILLA.

STATUTORY RULES AND ORDERS.
1956, No. 7.

THE PUBLIC SERVICE COMMISSION REGULATIONS DATED
JANUARY 18, 1956, MADE BY THE GOVERNOR UNDER
SECTION 9 OF THE PUBLIC SERVICE COMMISSION ORDI-
NANCE, 1956 (No. 3/1956.)


1. Short Title. These Regulations may be cited as
the Public Service Commission Regulations, 1956.
2. Interpretation. (1) In these Regulations unless
the context otherwise requires-
Commission means the Public Service Commission
the establishment of which is provided for under
section 5 of the Public Service Commission Ordi-
nance, 1956;
Instructions means the Instructions from time to time
issued under the hand of the Governor in accordance
with regulation 6 of these Regulations;
"public office" means any office of emolument in the
public service;
"public officer" means the holder of any public office
and includes any person appointed to act in any
such office;
"public service" means the service of the Crown in
respect of the government of the Presidency.
(2) References to a member of the Commission shall,
unless the context otherwise requires, include references to
the Chairman or acting Chairman.
3. Membership of Commission. The Governor
shall by writing under his hand appoint a Chairman (not
being a public officer) and not more than two other persons
to be members of the Commission. At least one member of
the Commission shall be a person who is not a public officer
or a retired public officer.









4. Tenure of Office and terms of Service of
Commission. (1) Members of the Commission shall hold
office during the Governor's pleasure and subject thereto the
Chairman shall hold office for such period not exceeding two
years as may be prescribed in the instrument by which he is
appointed; provided that a person shall, if qualified, be eligible
for re-appointment from time to time as a member of the
Commission.
(2) The Governor may appoint any person to act in the
place of the Chairman or any other member of the Commis-
sion in case of his temporary absence or inability to act as
such Chairman or other member.
(3) Any member of the Commission may, if he is not
a public officer, at any time, and, if he is a public officer, with
the consent of the Governor, resign his office by instrument in
writing addressed to the secretary of the Commission who
shall forthwith forward the same to the Governor through the
Administrator and from the date of the receipt by the
secretary of the Commission of such instrument such member
shall cease to be a member of the Commission and the vacancy
caused by such resignation or by the death of a member or by
the removal of a member shall be filled by the Governor by
the appointment of another person for the remainder of the
term of office of the member whom he replaces.
(4) The appointment, removal or resignation of any -
member of the Commission or of its secretary shall be notified
in the Gazette.
(5) Out of such funds as may be provided by the
Legislative Council to cover the expenses of the Commission,
the Chairman or acting Chairman of the Commission shall be
paid the sum of fifteen dollars for each meeting of the Com-
mission which he attends, and every other member of the
Commission, not being a public officer, shidll be paid the sum
of ten dollars for each meeting of'the Commission which he
attends; provided that the maximum amount payable in any
month shall, in the case of the Chairman or acting Chairman,
be sixty dollars and, in the case of any other member, be
forty dollars; provided further that no public officer shall be
paid any remuneration as a member of the Commission.

(6) Members of the Commission, other than public
officers, may be paid travelling and subsistence allowances at
such rates as may from time to time be prescribed by the









Governor for attendance at meetings of the Commission or
for travelling for other purposes connected with the functions
of the Commission.

5. Oath of Office. The Chairman and members
of the Commission shall on their appointment as such take an
oath or make an affirmation, each according' to his conscience,
in the form in the Schedule to these Regulations. Such an
oath or affirmation shall be administered by or made before
a Magistrate or Justice of the Peace.

(. Issue of Instructions. The Governor may by
writing under his hand from time to time issue Instructions to
the Commission prescribing the manner in which it shall
perform its functions and for carrying into effect the purposes
and provisions of these lRegulations.

7. Record of Meetings and Decisions. Minutes
of all meetings of the Commission shall be recorded and kept
by the Secretary. Copies of such minutes duly confirmed at
a subsequuenl, meeting shall as soon as practicable thereafter
be forwarded to the Aldministrator for transmission to the
Governor. All recommendations made by the Commission
shall be submitted to the Governor through the Administrator.


S Quorum and Voting. At any meeting of the
Comnnission the Chairman or acting Chairman and any one
member >hall form a quorum for the transaction of business.
The Chairmanm or acting Chairman, as the case may be, shall
have a deliberative as well as a casting vote. All decisions of
the Collmission shall be by a majority of tlhe votes of the
members present and outing Provided that th.ic Chairman or
acting Chairuman, as the case may be, shall have a second or
casting vote whieniver the voting shall be equal.

9. Consultation with Persons other than
Members. The Commirssiorn in considering ainv matter or
question referred to it for its advice may consult such Heads
of Government Departments or other public officers or other
persons as the Commission may consider proper and desirable.

10. Appointment of Secretary. The Adminis-
trator shill appoint a Secretary to the Commission.









11. Protection of Members from Legal
Proceedings. The Chairman and any member of the
Commission shall have such and the like protection and
privileges in case of any action or suit brought against him
for any act done or omitted to be done or words spoken in
the execution of his duty as is by law given to any Judge of
the Supreme Court of the Windward Islands and Leeward
Islands in the exercise of his judicial office.

12. Improper Influence. Any person who other-
wise than in the course of his duty directly or indirectly by
himself or by any other person in any manner whatsoever
influences or attempts to influence any decision of the Com-
mission or of the Chairman or of any member shall be guilty
of an offence and upon summary conviction shall be liable to
a fine not exceeding five hundred dollars or to imprisonment
for a term not exceeding six months; provided that nothing
in this regulation shall prohibit any person who may properly
do so from giving a certificate or testimonial to any applicant
or candidate for any public office or from supplying any
information or assistance upon formal request by the
Commission.

13. Wilfully supplying False Information
to Commission. Any person who, in conn action with
an application by any person for employment or promotion
in the public service or with any matter upon which it is the
duty of the Commission to advise the Governor or any Head
of a Government; Department under these Regulations, wilfully
gives to the Commission or to any member thereof or to any
person or body of persons appointed to assist the Commission
in the exercise of its functions or the discharge of its duties
any information which is false by reason of the falsity of, or
by reason of the omission of, a: material particular, shall be
guilty of an offence and upon summary conviction be liable
to imprisonment for a period not exceeding six months or to
a fine not exceeding one thousand dollars.

14. Commencement. These Regulations shall come
into operation on the 19th day of January, 195C.










SCHEDULE.

Regulation 5.
OATH OF OFFICE.

I, having been appointed to act as

Chair man swear
of the Public Service Commission, do
member solemnly and sincerely

declareand affirmthat I will freely and without fear or favour,

affection or ill-will, give my counsel and advice in connection with

all snch matters as may be referred to the Public Service Commission

under the Public Service Commission Regulations, 1956, and that

I will not directly or indirectly reveal such matters to any un-

authorised persons or otherwise than in the course of duty.


Signature................. .................. .........

Sworn
-----before me this day of 19
Declared



Magistrate'or Justice of the Peace.






Dated this 18th day of January, 1956.



K. W. BLACKBURNE,
Governor.




ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
1956.
13100325-525-1.56. Price 8 oents.




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