THE LEEWARD ISLANDS
oublishetr b) .Autboritn.
THURSDAY, 3RD MAY, 1956.
His Excellency has been pleased to
appoint, the Hon. P. C. LEWIS, Q.C.,
Attorney General of the Leeward
Islands, to act as Puisne Judge of
the Supreme Court of the Windward
Islands and Leeward Islands, with
effect from the 3rd May. 195(i, on the
departure of the Hon. W. A. DATE,
Puisne Judge, on vacation leave.
3rd May, 1956.
Ref. No. C. 131/00111.
It is hereby notified for general
information that His Excellency the
Governor has been pleased to appoint
Mr. H. A. BESSON ti be a Conmmis-
sioner if the Supreme Court of the
Windward Islands and Leeward Is-
lands with effect from the 27th A pril,
1956, whilst he is performing the
duties of the office of Legal Assistant,
British Virgin Islands.
28th April, 1956.
Ref. No 4:/00007.
It is hereby notified for general
information that His Excellency the
Governor has been pleased to accept
the resignation of Mr. N. E. A.
HARRIGAN as an Official Member of
the Legislative Council and as a
Presidential Official Member of the
Executive Council of the British
Virgin Islands with effect from the
30th April, 1956. and h;s been pleased
to appoint Mr. H. A. BESSON, Legal
Assistant, to be an Official Member of
the Legislative Council and a Presi-
dential Official Member of the Execu-
tive Council of the British Virgin
Islands with effect from the 1st May,
30th April, 1956.
Ref. No. C. 18/00012.
It is notified for general informa-
tion that Major A. A. M. HILL,
Superintendent of Police, has been
appointed to act as Commissioner of
Police, LeewardIslands Police Force,
Lewa 1 slnd
absence of Lieutenant
M. V. JAMES on sick
301h April, 1956.
Ref. No. C.P.F. 50.
Appointments and transfers etc.,
in the public service, with effect from
the dates stated, are published for
HILL, A. A. M., Superintendent of
Police, to act as Commissioner of
Police during the absence of the
Commissioner of Police on sick
leave. Apr. 9.
Ref. No. C.P.F. 50.
LOCKHART, Hon. R. H., Crown
Attorney, Antigua, to act as Attor-
ney General, Leeward Islands.
3rd May, 1956
The following Imperial Legislation
and Statutory Rules and Orders are
circulated with this Gazette and form
4 and 5 ELIZ. 2. "The Leeward
Islands Act, 1956." 6 pp. Price 10 cts.
STATUTORY HULES & ORDERS.
No. 43 of 1955, The Rules of the
Supreme Court (Crown Proceedings)
1955." 17 pp. Price 20 ots.
No. 12 of 1956, The Crown Pro-
ceedings (Authorised Officers) Order,
1956." 2 pp Price 4 cts.
INSURANCE OF GOVERN-
MENT MOTOR VEHICLES.
Tenders are invited for comprehen-
sive insurance coverage of all Gov-
ernment own vehicles. There are
approximately 71 such vehicles to be
2. The contract of insurance should
provide that where coverage is given
during the currency of the Policy
such coverage will expire on the
termination of the Policy and in
every such case for an adjustment of
the appropriate premium.
3. A list of the motor vehicles
with necessary information will be
supplied to insurance agents on re-
4. Tenders should be in sealed
envelopes marked Tender for In-
surance of Vehicles" and should be
addressed to the Administrator to
reach the Administrator's Office not
later than 4 p.m. on Friday 22nd
5. Government does not bind itself
to accept the lowest or any tender.
30th April, 1956.
Presidency of Antigua.
THE FRIENDLY SOCIETIES
(No. 8 of 1928).
ASSOCIATION OF ANTIGUA.
Pursuant to the provisions of Sec-
tions 71 (1) (b) and (3) of the Friendly
Societies Act, No. 8 of 1928, I have
this day with the approval of His
Lordship Mr. Justice DATE, Puisne
Judge of the Supreme Court of the
Windward Islands and Leeward Is-
lands for the Antigua Circuit, obtain-
ed in Chambers on the 6th day of
April, 1956, cancelled the registry
of the Ex-Servicemen's Association
of Antigua, a Society duly registered
under the provisions of the said Act
on the 27th day of July, 1948.
The reason for such cancellation is
that the said Society has wilfully and
after notice from the Registrar,
violated the provisions of Sections 26
and 28 of the aforesaid Act.
GIVEN under my hand at the
S'uprernm Court Registry St.
John's, Antigua, this 9th day
of April, 1956.
CECIL O. BYRON,
Acting Registrar of Friendly
THE LEEWARD ISLANDS GAZETTE.
[3 May, 1956.
Provision has been made for a
limited number of candidates from
thi Colonies to be admitted to cadet-
ship in 1957, at the Royal Air Force
College, Cranwell, and for Royal Air
Candidates for admission to Cran-
(a) be within the age limits of
17J to 19 years on 1st January
1957, and should have reached
a standard of general education
equal to that which is normally
required for admission to a
degree course at a University, e.g.
the University College of the
West Indies, including a know-
ledge of Mathematics to the
(6) comply with the medical
standards laid down for admis-
sion to the Royal Air Force.
(c) be British subjects and
unmarried and members of fam-
ilies established and resident in
Candidates for Royal Air Force
(a) be within the age limits of
15 and 17 on the Isz January,
1957, and shall be required to
have passed locally a written
examination based upon exam-
ination papers prepared in
England for the purpose.
(b) comply with the medical
standards laid down for enlist-
ment in the Royal Air Force.
(c) be British subjects and
members of families established
and resident in the Presidency.
Passage costs to the United King-
dom of nominated candidates will be
borne by the United Kingdom Gov-
ernment but no candidate will be
nominated unless his parent or
guardian accepts financial liability in
writing for his maintenance and
return passage to Antigua should the
candidate fail to qualify in the selec-
tion tests or be found medically unfit
for Royal Air Force Service by the
final Medical Board. In the case of
apprentices, however, any such can-
didates who are not considered
suitable for apprenticeship, may, if
suitable and willing, be offered enlist-
ment as boy entrants under the
scheme as an alternative to rejection.
All applications should be addressed
to The Administrator marked Appli-
cation for Royal Air Force Cadetship
or Application for Royal Air Force
Apprenticeship, as the case may be,
and should reach the Administrator's
Office not later than 31st July, 1956.
City Rate for 1956.
Notice is hereby given that the
City Rate Assessment List for 1956
has been posted on the outer door of
, the Treasury and at the Central Board
of Health Office.
The rate fixed on properties north
of the houses bordering on Alfred
Peters Street under an assessed
anin:l rental value of $48.00 is 5%
and of $48.00 and over 7J%. The
rate on all other property under an
assessed annual rental value of
$48 is 10% and of $48 and over 15%.
Any person who objects to any
assessment in the said list must lodge
his objection in writing with the
Secretary, Central Board of Health
within fourteen days after the date
of this notice.
A. M. TAYLOR,
Secretary. Central Board
Central Board of Health Office,
.19th April, 1956.
Ref. No. A. 65/7-IV.
Central Experiment Station.
Month. 1952. 1953. 1954. 1055. 1956.
Jan. 2.41 1.93 3.04 2.16 5.15
Feb. 1.60 1.02 2.45 .68 1.23
Mar. 1.62 5.60 1.08 .83 1.40
Apr. 21 3.10 2.06 .49 1.75 3.23
8.73 10.61 7.06 6.42 11.01
Printed at the Government Printing Office, Leeward Islands, by EARL PIGOTT,
Acting Government Printer.-By Authority.
[ Prioe 38 cents. I
Leeward Islands Act, 1956
4 & 5 ELIZ. 2. Ch. 23
ARRANGEMENT OF SECTIONS
1. Constitution as separate colonies of Leeward Islands Presidencies.
2. Provision consequential on preceding section.
3. Power to make emergency laws for the new colonies.
4. Power to establish courts for the new colonies.
5. Amendments of 9 & 10 Geo. 5. c. 47.
t. Variation and revocation of Orders in Council.
7. Short title and interpretation.
Schedule- Amendment of Leeward Islands and Windward
Islands (Courts) Order in Council, 1939.
4 & 5 ELIZ. 2
Leeward Islands Act, 1956.
An Act to constitute the Presidencies of the
Leeward Islands separate colonies and
confer upon Her Majesty power to make,
or to authorize the making of, emergency
laws therefore and to establish courts there-
for; to amend the West Indian Court of
Appeal Act, 1919; and for purposes con-
nected with the matters aforesaid.
[15th March, 1956]
BE it enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual
and Temporal. and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-
1. -() such day as Her Majesty umay by Order in
Council appoint for the purposes of this section (in this
Act referred to as the appointed day ") each of the four
Presidencies which. ,y virtue of the Leeward Islands Act,
1871, as amend(ied by Ac-s of the Legislature of the
Leewanr Islands, together constitute the colony of the
Lee\ward Islands (that is to say, Antigna, Saint Christo-
pher e\is and Angiiilla, Monitserrat and the Virgin
islands) sill becconi a separate colony and the said Act
of 1871 shall cease to have effect.
2. (1) The repeal of the Leeward Islands Act, 1871,
shall operate to render of full elect the provisions
relating to lawmaking powers contained in the Ordinances
of the Legislatures of the said Presidencies entitled
respectively the Antigiua Constitution and Elections
Ordinance. 1951. the Saint Christopher Nevis and
Anguilla Constitutinii and Elections Ordinance, 1952, the
Montserrat Constitution and Elections Ordinance, 1952.
and the Virgin Islands Constitution and Elections
34 & 35 Vict.
CH.i 23 L'eeward itnds A(-/. 195,5. 1 & 5 E'LlZ. 2'
Ordinance. )19.1, and, as from the appointed day, the
remaining pIrovisions of each of those Ordinances shall
have effect as if they had been enacted by virtue of the
provisions thereof which by virtue of this subsection are
rendered of full effect, anm so sliall the provisions of any
Ordinance ameijding it passed before that day (whether
before or after the passing of this Act).
(2) Her Majesty may, by Order in Council.-
(a) in the case o4f each of tlhe said Presidencies-
(i) determine, or empower any authority
having functions therein or constituted therefore
to determine, the laws otherr than alny to which
the foreioin subl section applies) which. after
the Ibegiiang of tie appointedd day. are (subject
to ;ay amendment or repeal by the Legislature
of the Prsidenlcy or other competent authority)
to remain valid as respects the Presidency not-
withstanding its (constitution a aa separate
(ii) :tldpt or modify,. (r empower any such
ath1rity 11 s 1aforeaid to :aapt or i(dify, to
suii'h extent as IHer Majesty in ('lCo il or that
.utholl rily, as the case Imay ie, thinks necessaryy
(or expedient in view of the constitution of tlhe
Presidency as ;i s('eparate(' colonmy, allny laws
hi:vinc el'fect therteil aiter the 1begiimin; (of the
ppoillted(I day by virtu either of subsection (1)
(o' this section or of an exercise of pow()\ers con-
fe roed by or under tle fore inlg suh-i )t i ra hl :
mntitiry or .cosequenti:Il matters for which it
appears to H-er AIijesty iI Council mneossary 0or
expedient to maike provision inl view of the dissolu-
tin of thle colohny of the Lee\walrd Islands.
(3 An Order in Council under this section made
before the appointed day may ,he so framed :is to enable
;I l authority ,lipon ilIwho] power is thereby cofllerred to
determine, a.iil, or modify laws to, exercise hath pIower
before thlmt 1.\,. so(. however('. tliht noI ilistrunmeln t by
which that poior i exercised slhll come into operation
before tlat day.
piwertomake 38.-( 1) lie Madjesty may. ill thie case of any colony
emergency' constituted by section one of this Act, by Order ill
nw coom es. (1Coneil Iilke diltlitng a period ol Inwrgency, or empo(wer('
(subject to such restrictions, if any, as may be sp(cilied
in the Ordier) sticli authority ;is imay be so specified to
make during any such period. sucli laws for the colony
as appear to Her Majesty in C(ouncil or that authIority, as
the case may hbe, to be necessary or expedient for
4 &- 5 ELIz. 2 Leewavrd ].ilaw/s A4,t 19t5.
securing the public safety, the defence of the colony or
the maintenance of public order or for maintain ng
supplies and services essential to the life of the conmmu-
nity, and a law made by or by virtue of an Order in
Council under this subsection for a colony shall have
effect notwithstanding the provisions of any other enact-
ment applying to the colony or any rule of law having
,2) A law made by or by virtue of an Order in
Council under the foregoing subsection for a colony shall
(unless previously revoked' expire at the end of the
period of emergency during which it was made unless
provision for its continuance in force (with or without
modification) is made by the Legislature of the colony.
(3) Upon tlhe revocation or expiry of a law by or by
virtue of an Order in Council under subsection (1) of this
sectitiol, sii-ection (2) ,o section thirty-eight of the Inter- 52 & .3 iet.
pretation Act. 1889. shall apply as if that law were an e 6:.
Act of Parliamnent which had then been repealed by
:Ianther such Act.
(4) hi this section tlhe expressionn "period of emer-
gency" means in relation to a colony constituted by
section ,one of this Act. a period beginning with a
declaration made I)y such authority and in such manner
as ina. by (rder f H iir \Majt ty il Council he prescribed
in relation to the colony that a public emergency exists
therein and ending with a deeclaration so maltde that a,
public emergency. no longer exists therein.
4 --(1) lHer Majesty may by Order in Council Power to
provide f'>r lite establishment, for any of the colonies estatish
constituted by s ctio lim, on ,of this Act, of courts consti- nc colonies.
touted in sui'h manner and having such jurisdiction
Whether civil or criminal, original or appellate) as may
ble determined. by or under the Order, and an Order in
Council under this subsection may make provision for
any incidental. supplementary or consequential matters
tr which it appears to Her Majesty in Council necessary
or expedite nt to imalk provision for the purposes of the
A- AI'rom thle :ppointtd day
(l/) the cIollionis to which the Leeward Islands
and Windward Islands (Courts) Order in
Council. .'.'.', applies shall include the
separate coolnies constituted by section one
of this Act; and
(b) so far as regards those colonies, that Order,
and any other Order in Council amending
it made before the appointed day (whether
before or after the passing of this Act),
shall have effect as if they hadl been made
under this section:
C Fi. 23 3
4 CH. 23 Leeward Islands Act, 1956 4 & 5 ELIZ. 2
and the provisions of the said Order of 1939 specified in
the first column of the Schedule to this Act shall, as from
that day, have effect subject to the amendments respec-
tively specified in relation to those provisions in the
second column of that Schedule (being amendments con-
sequential on the provisions of paragraph (a) of this
Amendments 5.- (1) In subsection (3) of section one of the West
of Indian Court of Appeal Act, 1919 (which subsection
Ge9.5. & 0 specifies the persons who are to be the judges of the
West Indian Court of Appeal), for the words from Thol
expression Chief Justice to the end'of the subsection
there shall be substituted the words "Any reference in
this subsection to a Chief Justice shall be construed as
including a reference to a person for the time being
acting in the capacity of Chief Justice ".
(2) As from the appointed (lay the West Indian
colonies to which the said Act of 1919 applies shall
include the separate colonies constituted by section one
of this Act, and accordingly section one of the said Act of
S119 shall, as from that day, have effect as if. in subsec-
tion (2) of that section, for the words the Leeward
Islands ", there were substituted the words Antigua, St.
Christopher Nevis and Anguilla, Montserrat, the Virgin
Variation and 6.--Any power conferred by this Act to make an
revocation of Order in Conicil shall be construed as including power to
Council. vary or revoke the Order in Council by a subsequent
Order in Council
Short title 7.-( 1) This Act mhy be cited as the Leeward Islands
and inter- Act. I 95.
(2) Any reference in this Act to a Presidency shall
S1e construed as including a reference to the dependen-
cies (if any) thereof.
4h5LT 2 ,eeuwad T.1andn s Act, 19563.
Amendments of Leeward Islands and Windward Islands
(Courts) Order in Council. 1939
and Subject maIt
Paragraph (2) of
Article 1 (Colonies
to which the Order
Paragraph (1) of
Article 2 (Interpre-
Paragraph (4) of
Article 4 (P'lace of
residence oi judges
of Supreme C(ourt).
Paragraph (2) of
Article 14 (Appeals)
For the words and the Leeward Islands there
shall be substituted the words Antigua,
Saint Christopher Nevis and Anguilla,
Mont:'err:it and the Virgin Islands ".
In the definition of Public Seal ", for the
words and, with reference to the Leeward
Islands. the Public Seal of the Colony",
there shall be substituted the words "and,
with reference to the Leeward Islands, the
Public Seal of any one of the Colonies
comprised in the Leeward Islands".
In the definition of Law ", after the words
Ordinance of the Legislature of any
Colony thero shall be inserted the words
any Act of the Legislature of the Leeward
Islands which, by virtue of an Order in
Couinil under section two of the Leeward
Island Is Act, 1956. remains valid as respects
any of the (olonies comprised in the
Leeward Islands ".
The words "or Presidency sball be omitted.
For the words by resolution of the Legislative
Councils of Grenada, St. Vincent, St. Lucia
and I)ominica and the General Legislative
Council of the Leeward Islands there shall
be substituted the words by resolution of
the Legislative Council of each of the
Article 19 (Saving The words or of any Presidency of the
of powers of local Leeward Islands shall be omitted.
Printed at the Guovrnmniit Printiing OClice. Leeward Islands
by EARL PIGOTT. Acting" (Owvernment Printer. -By Authority.
C. 18/000 15-111-480 -5.56.
4 & 5 ELTZ. 2
Price 10 conts.
STATUTORY RULES AND ORDERS.
1955, No. 43.
SUPREME COURT (CROWN PROCEEDINGS).
The Rules of the Supreme Court (Crown Proceedings) 1955,
made by the Chief Justice of the Supreme Court of the
Windward Islands and Leeward Islands with the
approval of the Governor of the Windward Islands and
the Governor of the Leeward Islands under the author-
ity of section 16 of the Leeward Islands and Windward
Islands (Courts) Order in Council. 1939 and pursuant
to section 29 .of the Crown Proceedings Ordinance of
1. SnoORT TITLE. These LRles minv be cited as the Rules
of the Supreme Court (Cr:)wn Proceetdings) 1955, and shall
be read as one with the ItRles of the Supreme Court, 1907, as
amended, and shall be used in conjunction with the Rules of
the Supreme Court of .JulieCature of En'l:lid as extended to
the Colony by section 20 of the Supreme Court Act, 1939
(No. 20/1939) as amended.
2. INTERPRETATION. In these Rules-
"the Ordinance" i relation to a Pre.idency, means the
Crown Proceedings Ordinmee :is enacted by the
Legislative Council of that Presiidency.
3. INSERTION OF NE':W Oiln)Esl ArFTEI OC)tDER I. A after
Order I there shall 1) inserted the following Order:-
CIVIL PlROCEI:1INGs BY o01 AGAINST THE CROWN.
1. Save as pro nided by the Ordinance or by these
(a) the lPrincipal Rules shall, so far as may be,
apply to all civil proceedings by or against, the Crown
instituted in the Supreme Court or the Court of
Summary ,I irisdicti( n n and after the (late of com-
mencement of the Ordinance in each Presidency;
(b) such civil proceedings as aforesaid shall, so
far as may be, take the same form as civil proceed-
ing bet ween subjecI., and l shall, if no -pecial form
is applicable, take the form of an action comlmenced
by writ of suniiunos;
(r) civil proceedings b)y or against the Crown
which have been instituted before the date of coin-
melncement of the Ordiniance in any Presidency shall
be governed by lhe practice and procedure in force
immediately before that d\ay.
2. For the purpose of this Order proceedings
against the Crown under the Crown Suits Act shall be
deemed to live been instituted before the date of com-
mencement of the Ordiniince in anv Presidency, if a
statement of claim wvith r .pect io the matter in lqesiion
has been left with the Rfegistrar of the Supreme Court
for transmission to the Colotial Secretary before that date.".
4. AMI~:NI)tmr NTr o ; ()wtl: Ill. In Order III (which
relates to the indiorsemenftt of cIlaim on the writ of s lummions)
there shall be inserted after lRule 3 the following Rule:-
"3A, Notwith.ltanding" anything in Rule 2 or
Rule 3 of this Order, the endorsement of claim in proceed-
ings agailsti the Crown shall contain information as to
the circumstan:lces in which it is alleged that the liablility
of the Crownl has arisen :tld as to the governmentt depart-
ments and officers of the Crown concerned. In such pro-
ceedings if the defendant considers that the indorsement
of claim does not contain sufficient information as afore-
said, the defendant 111may, at any time before the time
limited by the writ of summnons for appearance has
expired, by notice in writing to the plaintiff request
further information as specified in the notice. \here
such a notice has been givenn the time for appearance shall
expire four dayv afto'r the defendant tlias notified the
pl;ainiti in writing that tiic defendant is :tstisfied or four
days after the court or in, judge has, oni the application of
the plaintiff by summons served on the defendant not less
than seven days before the return day, decided that no
further information as to the matters aforesaid is reason-
5. AMIENDMENT OF (O)i;Dli IX. In Order IX (which
relates to the service of a writ of suillnions) there shall ie
inserted after Rule 5 the following Rule:-
5A. The provisions of this Order shall have
effect Hubj)i t to tie ,ro,\ii1 n, of .etion 14 of the
Ordii!: ne rlwhi,. !L 1 .l ) i!+ i11,- service of doemnents on
the Crown for rh : plnp. t. 4 .I-r ;i, section with any
civil .'oc-c'tdinl1g lI r ,! lailst tlhe ('rown.".
6. AIENI;NT o0,' (~ )o ,.in XF. At the end of Order
XI (which relates to service ouit of tIhe jurisdiction) there
shall be insertedt the following tudle:-
14. Thi Ord er appie in the case of proceedings
by the Crown but dows nol; apply in the case of proceed-
ings ai!.gainst Ithe .C'rown.''
7. A.\ MEN IDM T 1,' ()OmU XI II. In Order XIII (which
relates to default of :ppe;r'anc.e) there shall be added after
Rule 17 tlh following hule:-
1S. In civil proceedings against the Crown no
judgment shall be entered in def(itiil of aippearanc< with-
ou(t it lanvee of the (coi.u or a Ijudge, :anfd any application
for uiic(h le!v e ]h:il he n ide by notice of motion or
sulIloli()I0n; served I'ot less t,!i seven days before the
8. AIENDMEXNT OF I)F XIV. In Order XIV at.
the end of Rule 1 their: shall br inserted the following
(d) Where an application is made by the Crown
under this uleri, the cause of acti(o shall be deemed to
be silliciently verili if an afidiavit is made by:-
(i) an ofcer duly authorized by the department
(ii) the Crown Attorney, (or in the case of the
Presidency of the Virgin Islands, the Attor-
ney General) or a solicitor acting for the
(iii) an officer duly authorised by the Crown Attor-
ney, (or in the cas' of the Presiide ncy of the
Virgin Islands, the Attorney i(,eneral) or a
solicitor acting: for the Crown;
stating that to t the btst of1' his knowledge :and belief the
plaintiff is entitled to the relief claimed and there is no
defence to the action except as to the amount of
damages claimed, if any.
(e) No application shall be made under this Rule
in any proceedings against the Crown.".
9. AMENDMENT O ORDER XIVA. In Order XIVA
after Rule 1 (which relates to summary judgment for
specific performance) there shall be inserted the following
"IA.. (1) In proceedings by the Crown, where
an application is made under Rule 1 of this Order, the
cause of action shall he deemed to be sufficiently
verified if an affidavit is made by:-
(a) an officer duly authorised hy the depart-
ment concerned; or
(b) the Crown Attorney, (or in the case of
the Presidency of the Virgin Islands, the Attorney
General) or a solicitor acting for the Crown; or
(c) an officer duly authorised hy the Crown
Attorney, (or in the case of the Presidency of the
Virgin Islands, the Attorney General) or a solicitor
acting for the Crown;
stating that to the best of his knowledge and belief the
plaintiff is entitled to the relief claimed and there is no
defence to the action,
(2) In proceedings against the Crown no applica-
tion shall be made under Hule 1 of this Order.".
10. AMENDMENT OF ORDER XVI. In Order XVI
(which relates: to parties) there shall be added after Rule 47
the following Rules:-
48. In respect of civil proceedings by or against
the Crown, the provisions of this order r shall have
effect subject to the provisions of section 13 of the
Ordinance which relate to the pa' ties to such proceed-
49. An anplication by any person under subsec-
tion (3) of section 7 of the Ordinance for leave to bring
proceedings in the name of the sender or addressee of a
postal packet or his personal representatives shall be
made by originating summons in the Supreme Court.
Tel respondents to the summons shall be the Crown
and the person in whcse name the applicant seeks to
11. AMENDMENTT (), ()oF DEHU XVIA. Order XVIA
(which relate- to third party procedure) is hereby amended
(a) by inserting after Rule 1 the following Rule:-
"1A. Notwithstanding anything in Rule 1
of this Order, leave to issue a third party notice
for service on the (Crown shall not he granted
except upon an application to the court or a judge
by summons served upon the plaintiff and the
(ro' n. Such leave shall not be granted unless
the court or a judge is satisfied tliat the Crown is
in possession of all siuci information as it reason-
ably requir's as to the circIumstances in which it is
alle,-ed that the liability of the Crown has arisen
and as to the departments and officers of the
(h) by adding to Rule 5 (which relates to default
by a tIhird party) the following proviso:-
Provided that in the case of third party
proceedings against the Crown the foregoing pro-
visions of this Rule shall not apply unless the
court or a judge so orders; and any application for
such an order shall be made by summons served
not less than seven days before the return day.";
(() by adding to Rule ( (which relates to pro-
cedure on default before trial) the following:-
"A defendant shall not in any event be
entitled to enter judgment against the Crown
under this rule without the leave of the court, or a
judlg. Any application for leave to niter judg-
ment against the Crown under this IRule shall be
made by summons served not less than seven days
before the return day.".
12. AMENDMENT OF OnDJU XNIX. Order XIX is
hereby amended as follows:-
(a) in Riule ( which relate'- to sot-of' and counter-
climn) there shall he inserted after the words Subject
to the provisions of 1nlo 1, i Or )der XXNI, thie wordI
and subject also to lule ;iA ot this Order ";
(h) by the insertion after Rule ,; of the following
3A. (I) A person shail not be entitled to
avail himself of an'- soet-oif or countleclaim in any
proceedings liy the t'ro \in !or the recovery of
taxes, duties or pom'nlties. or to avail himself in
proc-edings by t!he Crown of any other nature of
any set-off or oiunterclaimi arising out of a right
or claiilm io repaymilent in respect of any taxes,
duties or penalties.
(2) A person shall not. be entitled without
the leave of thie coour or a jiud e to avail himself
ol alny set-off or co ulter;clain in any proceedings
by the ('rowin, if either the subject matter of the
set-ol' or counterclaim does not relate to a Govern-
ment department connected with the proceedings
or tlhe proceedings are hirouLht in the name of the
Crown A ttornev, or iii the case of the Presiden c
of the Vmiri Islan i in the name of the Attorney
(3) The Crown when L sued and its alleged
liability has arisie through the acts of a ( ove\n-
mienlt, d(ie)artmlent, shall not lie entitled without the
leave o the court or a, jud.ue to atvil itself of any
set-off or countercelini if tihe subject matter there-
of does not relate to that department.
(4) The Crown, whiWI sued otherwise than as
is mentioned in pai'ra.iaph ( ), shall not be en-
titled without 1 lie le;av(e ofl the court or a judge to
avail itself f any set-oil' or colunterclaim.
(5) Any application for leave prsuaniit To
parag'riaph., ( ), (:i) or (4) of this Riule shall hbe
made l)v stumnllloni.".
13. A,\;U' ,T Ol (-()i'In XXV. In Or'der XXV
(which relates to )iprocOetdins2; i li eu of dei!urrer) there
shall be added an'r lile 5 thi follow ing Rule:
1, "(;i. \ i k)l,1' i e ]; / 'o llo*l.i ,, *1 iiu nr' t
su )seclioix (:.)) ol 'e i'>i l ;, i dinan e ( i
relates to proceeding's iu rien insit iI uted against property
holoni-i to the Crown) may be made to tOe court or
a judge at any time before trial by motion or summons,
or may he made at the trial of the proceedings "
14. \AME NT E O iF Or)i XXVII. Order XXVII
(which relates to default of pleading) is herely amended as
(a) hv the insertion in V'ule 11 thereof after the
words "those in; the preceding I~ules of this Order
mentioned" of the words "and those to which Rulle
IS of this Order applies,";
(/) by the insertion after lNule 17 of the following
"1I. In proceedings against the Crown no
judgment for the- plintiff shall he entered in
default of1 plekNding' without the le ;ve of tih' Court
or' a judte and any application for suwhl le \e shall
be made bv notie f m)rotion or suntiols served
not less than seven dAls before the return diay.".
15. AMiN M'iNT 0' ( )ail, : XXX. Order XXX (which
relates to summionls i'for directions) is hereby amended by
t le dele'ioni of the words "The whole Order shall he omitted"
and the siihbsttittion therefore of the words "This Order shall
apply subject to the following modifications:-"
S(1) In Rule 1 (i') the words "Admiralty actions
within the meaning of section 56 of the Act, or to', in
the firsi ;ni second lines, aii the words -or to actions
in whichh an application ror transfer to the Commercial
List is pendingg. or in which tralinser to such list has
been ordered" in the fourth, fifth and sixth lines shall
(2) In Rule 2 (2)-
(i) paragraph (/) shall he omitted;
(ii) in paragraphl (,), for the words "'a Com-
missioner or eiuniiier there shall be
substituted the words the Regiistrar of
the Supreme Court";
(iii) in paragraph (,,) for the words the Court
of A.ppe l" there shall bo s11ustitui ed
a Court of Appeal ";
(iv) paragraph (/) shall be omitted.
(3) Iule 7 is hereby amended as follows:-
(a) by the substitution of the following Rule
for Rule 7 (1):-
7. (1) \here an order lhas been made for the
transfer to the Supreme Court of a suit pursuant
to section 13 of thel Suimmarv Jurisdiction Act, or
where proceeding institt ted against the Crown
have been transferred to the said Court pursuant
to section 1 of the (Ordinance the following pro-
visions shall appl:-
(a) in the case of a transfer pursuant to
section 13 of the Sumnry lJurisdietion Act, the
provisions of that section; and
(h) in the case of a transfer pursuant to
section 15 of the Ordinance, the proper officer
of the Supremen Court shall send an office copy
of the Crown Attorney's (or in the case of the
Presidency of the \irgini Islands, the Attorney
General's) certificate to the proper officer of
the court from which the proceedings are
being transferred who shall thereupon annex
the certificate to the writ of summons and
transmit the said writ and certificate and all
other documents filed in the proceedings to
the proper officer of the Supreme Court. The
latter officer shall ,i\e notice to all parties
that the proceedings w~ill be heard in the
Supreme Court ijid thai the defendant is
required to enter the appearance provided for
in the following paragraph, and the said
officer shall file the said documents and make
an entry of the filinii thereof in the Cause
Book and shall distinguish the action in the
manner in which actions are now distinguish-
ed in the Canse l oo1k inl the Siipreme Colrt
Ipulrsualnt to Order V IUIdle 13.";
(b) liy the suhstiltution of wolds "IRegistry of
the Supreme Court' for the volss "Central office"
in paragraph (2);
(c) by tile suib,titiul ion if tlie words ".a Ala-is-
trate's Court for the w words tie County C('oirt
in paragraph (3);
(d) by the ,substitution of the words "the
Magistrate's Court" for the words "the County
Court" in the first and eigl'th lines of para-
(e) by the insertion after the words or he
may of the words except where the defendant
is the Crown in paagrgraph (6).".
16. AMENDMENT OF U:DER XX X I. Order XXXI
(which relates to interrogatories and discovery and inspec-
tion of documents) is hereby amended as follows:-
(a) by th( insertion after Rule .5 of the following
"5A. In proceedings to which the Crown is a
party, if an order is made for interrogatories to
be answered by the Crown, thle order shall direct by
what officer of tie Crown the interrogatories are to be
5B. In any proceedings by the Crown for the
enforcement of any right for the enforcement of which
proccedlings by way of English information might have
been taken if the Ordinance had not been passed, the
Crown may, at any stage of the proceedings, deliver
interrogatories or further interrogatories without the
leave of the court or a judge, so however that the
Crown shall not be entitled to deliver any third or sub-
sequent set of interrogatories without the leave of the
court or a judge.":
(b) by the insertion after Rule 28 of the following
"2SA. In proceedings to which the Crown is a
l)art, any affidavit to be made in answer to an order
for discovery a against the Crown shall be m'tle by such
otf'icer of the Crown as the court shall direct.";
(c) by the insertion after inule 29 of the following
,0 In anyr proceedings in the Sulpreme Court to
which tihe ('rown is a pi;rty, any order of the Court
made under thle powers conferred by subsection (1)
of section 2 1 of tli ()rdilmnce slail Ibe construed as not
recqti 'ii, d cloemui e of thlie ,:, isien~' o(!' ai' documentt,
tie' existence wl hic' ( i. '., iiiu( ii th'e Iopinion of the
Governor be injurious to thie public interest to disclose.".
17. AM-.NTIENT OF OnRlmi; XXXVT. In Order
XXXVI (which relates to trial) there shall be inserted after
Sule 10)A the following Rule:-
"101. Nothing in any of these Rules shall preju-
dice the right of the Crown to demmiul a. loial venue
for the trial ol any proceedings in which the Crown
Attorney, or in the case o( tih Presidency of the
Virgin Islands, the :Attorney G(eneral, has waived his
right to a trial at bar.".
18. AMiNN1M lNTOi' ORI, l( i XXXVII. Order XXXVII
(which relates to evidence generally) is hereby amended as
(a) by tihe substitution of tihe following H ule for
Rule 36 thereof:--
"3(;. In all actions to perpeituate testimony touch-
in,' an\ honour, title, dii-gity or office or any other
matter or thing in which t he Crown may have an
estate or interest, the plaintiff may proceed against the
Crown under section 1i3 )l tie ()rdinance, an; tle pro-
visions of the ordinance e and 1lhese linles shall apply
(b) hy the insertion at the end thiereol of the
following H i le:-
"61. For the avoidance of doubt it is hereby
declared that any pov ers exe(cisa;lde by the court or a
judge in regard to the taki ii' f (' vi(lenc'' are exrcisa-
ble in proceedings by or against, the Crowi as t.hey are
exercisable in proceedings betweo'e snlujects.".
19. INS,1iN lo F N i w n) ,lI Ai','ER OimDE, XLIB.
After Order X LI li there shall be inserted the following
Order X LI C
OnuIIRS, ETC., A GAtNST THE C()IOWN
1. In this Order the 'followin-' expressions ]have
the following meanings:--
'"Order against tile (row'n" means any order (in-
chldini i' a1 order for e. oi'd.) oimd in any civil
ocnoeedilion withy o arbitration to CwhiC or i
connection with anv arbitration to which thu
Crown is a pTnrty. in favour of any person
against the Crown or against an officer of
the Crown as such;
"Order" includes a judgment, decree, rule, award
2. Nothing in any of the following Orders-
XLII (execution and discovery in aid of execu-
XL ill (writs of fieri-facias, elegit and sequestra-
tion, and sales under executions)
XLI V (attachment)
XLV (attachment of debts)
XL\VI (charging orders, distringas and stop orders)
XL VII (writ of possession)
XLVIII (writ of delivery)
shall apply in respect of any order against the Crown.
3. Any application for a certificate under section
21 of the Ordinance (which relates to satisfaction of
orders against the Crown) shall be made to the proper
officer who is to be ascertained as provided by Rule 1
of Order LXX! Any application under that section
for a direction that a separate certificate be issued with
respect to costs ordered to be paid to the applicant shall
ba made to the court or a judge, and may be made ca'
phOri/ without summons. Any such certificate shall be
in one of the Forms A and 1 in the Schedule hereto
with such variations as the circumstances may require.
ArrTAcl1MDINT OF MONEYS PAYABLE BY THE CROWN.
.. (1) No order for the attachment of debts under
Order X IV or for the appointment of a sequestrator
und.r ( orderr XL1 i I or for the appointment of a receiver
under Order I shall be made or have effect in respect
of anv monev due or accruing or alleged to be due or
accruing fionm the Crown.
(z) jii a cisi where' it is alleged that such an order
could Iniiv, 1 'e~- oiii'i and wou ld have had effect in
resp1'ct ol swuc mow ney i!' it htid jicen (Iue or accruing
from Li subject the co'ur or a judge ina\ on the applica-
tion by summons of the judgment creditor make an
order restraining the judgment debtor from receiving
such money and directing payment by the Crown to
the judgment creditor or to ;I sequestrator or receiver,
and the court, or a judge may pointit a sequestrator or
receiver for that, purpose.
(3) No such Order shall be made in respect of:-
(a) wages or salary payable to any officer of
the Crown as such;
(b) money which is subject to the provisions
of any enactment prohibiting or restrict-
ing assigning or charging or taking in
(') mlonee payable by the Crown l to any
iperon on account of a( deposit in the
Government ,'avings Bank.
(4) Any such summons shall be served at least
four days before the retlur day on the (;rown, and,
unless otherwise ordered, on the judgment debtor or his
solicitor.' Service on the judgment debtor or his solici-
tor shall be effected in the mianer provided for such
service bh order r X LV, R ule 1 Service on the Crown
shall be effected in accordance with Section 14 of the
(5) If the Crown disputes liability, the court or
a judge may, order that any issue or (question necessary
for determine the Crown's liability be tried or deter-
mined in anv manner in which ainy issue or question in an
action may be triel or determined. Where it is suggested
by the Crown that the debt with reference to which the
proceedings are t:akfn 1belons to some third person, or
that any third p mrson i;as : clin im up)n it, the court or
a judge may order such third perscnl to appear and state
the nature and ,particulars I hIis claim upon such dealt.
After hearing any such third person as asior-said, and any
other person whom by the same (or any sul-bstquent order
the court or a judge may require to appearr, the court or a
judge may bar the claim of the third per.,ion (r Imike such
other order with re-pIect to his claiin as the court or a
judge thinks fit, luponl such ton)-, ini all cascs, with
respect to thl third jiri olir's (.i ni (if a;l3'), a; lld i) costs,
as the court, or judge thinks just and reasonable. I
the third person dors not al)pear when ordered, the court
r a judge rmay exercise any powers which the court or a
judge might have exercised if he had appeii.tad.
(6;) In this Rule the exlession "'judgment debtor"
means the person against whom the order for the attach-
ment of debts or for the appointment of a sequestrator or
receiver could have been obtained as aforesaid, and the
expression "judgnwnt creditor" means a person in whose
favour it could have been obtained.".
20. AMENDMEiNT 01O ORDER L. In Order L, after
Rules 15A to 22 (which relate to receivers) there shall be
inserted the following Rule:-
"22A. Rules 15A to 22 (inclusive) of this Order
shall have effect subject to Rule I of Order XLI u.".
21. AMENDMENT OF ORDER LIV. In Order LIV
(which relates to applications and 'proceedings at Chlumlers) in
Rule 4F (which relates to the cas.s in which a respondlent is
not required to enter al appearance to an originating -iummons)
there shall be inserted after p)iragraiph (13) the following
"(14) Under Order XVI, Rule 49.".
22. AMEN1)MENT 01" OmDER LXV[I. Order LXVI[
(which relates to the service of orders etc.) is herelb amended
(a) by the insertion therein after Rule 1 of the
1 A. (1) The provisions of these Rules relating
to the service of documents shall have effect subject to
the provisions of section 1-1 of the Ordinance which
provide for the service of documents on the Crown
for the purpose ol or in connection with civil pro-
cee(dings by or aQainst the Crown.
(2) Service of :\ doclumfelt in accordance with
their said sectim 1! shall be effected (a) by leaving
the document within the prescribed hours at the office
of the person to be served, or of any agent whom he
has lnominated for the purlpo-e, but in either case
with a person helmoning to the office where the docu-
ment is left. or (h) by posting it in a prepi.id regis-
tered envelope addressed to the person to be served
or any such a 'nt as aforesaid; and where service
under this Rule i, mIeIde vb post the time at which
the d(ncmtient so posted! would Ibe delivered iln the
ordinary course of post ,iall be consid ered as the
time of service thereof.
(3) All documents to be served on the Crown
for the purpose of or in connection with any civil
proceedings in the Supreme Court shall be treated for
the purposes of these Rules as documents in respect
of which personal service is not requisite.
(4) In this Rule the expression-
"document" includes writs, notices, pleadings,
orders, summonses, warrants and other
documents, proceedings and written com-
"prescribed hours" means the hours of business
from time to time in force for the olfice
of the person to served.";
(b) by the addition at the end of Rule 2 of the
'"This Rule does not apply in the case
of documents required to be served in ac-
cordance with section 14 of the Ordinance.";
(c) by the addition to Rule 4 (which relates to
service of documents where no appearance
has been entered) of the following pro-
"Provided that the preceding provi-
sions of this Rule shall not have effect in
the case of civil proceedings against the
Crown where no appearance has been enter-
ed on behalf of the Crown; and in any
such case service shall be effected in tlhe
manner provided by section 14 of the
Ordinance and the preceding Iules of this
23. AMENDMENT OF OlDEKl LXXI. In Order LXXI
(which rclat vs to initerpre(ta-!ion of terms) there shall be
added at lie ,mnd of ilk' i'1, lie following words:-
S"Civil proceeding, by the Crown" and "civil pro-
ceedings against the Crown and civil proceedings by
or against the Crown "' have the same respective mean-
ings as in Part II of the Ordinance, and do not
include any of the proceedings specified in subsectionl (3)
of section 19 of the Ordinance. "Civil proceedings to
which the Crown is a party" has the same meaning as it
has for the purposes of Part IV of the Ordinance by
virtue of subsection (3) of section 2 of the Ordinance.
Except where the context otherwise requires, refer-
ences in these Rules to actions for the recovery of land
or for the recovery of possession of land shall be construed
as including proceedings against the Crown for an order
declaring that the plaintiff is entitltad as against the Crown
to the land or to the possession thereof, and references in
these Rules to actions for the recovery or delivery or
specific delivery of property other than land or the
possession of such property shall be construed as including
proceedings against the Crow n for an order declaring
that the plaintiff is entitled as against the Cro in to the
property or to the possessioii thereof.".
24. COMMENCEMENT. These Rule-s shall come into
operation on the 30th day of June, 1956.
Made by the Chief Justice this 7th day of December, 1955.
Approved by the Governor of the Windward Islands this
30th day of December, 1955.
C. M. DEVE RELL,
Approved )by the (-overno r of the Leeward Islands this
9th d.:v of December, 1955.
K. W. BLACKBURNE,
F'ORM A. Knle 19 (3).
In the Supreme Court of the Windward Islands and
Certificate of Order against the Crown.
By a judgment (Ildcree) (order) of this Honourable Court dated
the day of 19 it was adjudged
(Give iar'ticularls of the judgment decree o o ordrr).
I hereby certify that the amount payable to
by in pursuance of the said judgment
(decree) (order) is (*together with interest
thereon from the day of until the
date of payment, and together with costs which have been taxed and
certified by the Taxing Master at Interest is
payable on the said costs from the day of
until the date of payment).
(tThis certificate does not include the amount payable under the
said judgment (decree) (order) in respect of costs).
Omit so far as not required.
To be included where a separate certificate has been directed to ba issued as to
P,. I t,, ri.
FORM B. Rule 19(3).
In the Supreme Court of the Windward Islands and
Certificate of Order for Costs against the Crown.
By a judgment (decree) (order) of this Honourable Court dated
the day of 19 it was adjudged
(decreed) (ordered) :-
(Give particulars of the judgment decree or order).
I hereby certify that the costs payable to
by in pursuance of the said judgment
(decree) (order) have been taxed and certified by the Taxing Master
at (Interest is payable on the said
costs from the day of until the date of
Omit where not required.
Printed at the Government Printing Office, Leoward Islands.
by EARH PIGOTT, Actingr Government Printer. -By Authority.
43/00049-492-5.56 [Price 20 cents.]
STATUTOI Y RULES AND ORDERS.
1956, No. 12.
THE CROWN PROCEEDINGS AUTHORIZEDD OFFICERn) ORDER,
1956, DATED APrIL 10, 1956, MADE BY THE GOVERNOR
UNDER SECTION 13 (3) OF THE CROWN PROCEEDINGS
ORDINANCE, 1955 (No. 4/1955).
1. SHORT TITLE. This Order may be cited as the
Crown Proceedings (Authorised Officers) Order, 1956.
2. LIsT ov AUTHORISED OFFICERS. The officers speci-
fied in the first column of the Schedule hereto are authorized
officers for the purpose of subsection (3) of section 13 of the
Crown Proceedings Ordinance, 1955, and civil proceedings by
and against the Crown may be brought by and against the
said officers in relation to the Government departments set
opposite their names in the second column of the said Schedule.
3. COMMENCEMENT. This Order shall come into opera-
tion on the 30th day of June, 1956.
Official names off Authorised Offic-rs
Commissioner of Police
Officer in Charge of Prison
Surveyor of Works
Headmaster, Secondary School
Supervising Teacher, Prin;ry
Medical Officer in administrative
Dated this 10th (ay of Al
Treasury and Customs
Registry of the Supreme Court
and Prvost Marshal's Office,
Virgin Islands Circuit.
Harbour :lnd Wharves
General Registry of Births,
Deaths ad IMarriages
M-dical and Health
E. A. EVELYN,
Actinql ( Commis)sio ieir.
Printed at the G(ovorinmint P'rinting Office. Leeward Islands,
by EARL PI(o''Tr Ai:ting Government Printer.-By Authority.
[P'ric 4 woens.-