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Title: Saint Vincent government gazette
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Permanent Link: http://ufdc.ufl.edu/UF00077473/01647
 Material Information
Title: Saint Vincent government gazette
Alternate Title: Government gazette
St. Vincent government gazette
Physical Description: v. : ; 35 cm.
Language: English
Creator: Saint Vincent
Publisher: G.P.O.
Place of Publication: Kingstown, St. Vincent
Kingstown St. Vincent
Publication Date: January 5, 1954
Frequency: weekly
regular
 Subjects
Subject: Gazettes -- Periodicals -- Saint Vincent   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
Spatial Coverage: Saint Vincent and the Grenadines -- Saint Vincent
 Notes
Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
General Note: Description based on: Vol. 111, no. 1 (Tues., 3 Jan. 1978); title from caption.
General Note: Supplements which accompany some numbers contain extraordinary issues, ordinances, statutory rules of order, etc.
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Bibliographic ID: UF00077473
Volume ID: VID01647
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 19844741
lccn - sn 89018505
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Succeeded by: Government gazette

Table of Contents
    Main
        Page 3
        Page 4
        Page 5
    Statutory Instruments No. 1206 of 1953: The Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) Order, 1953
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
        Page A-7
        Page A-8
        Page A-9
    Statutory Instruments No. 1474 of 1953: The Carriage by Air (Colonies, Protectorates and Trust Territories) Order, 1953
        Page B-1
        Page B-2
        Page B-3
        Page B-4
        Page B-5
        Page B-6
        Page B-7
        Page B-8
        Page B-9
        Page B-10
        Page B-11
        Page B-12
        Page B-13
        Page B-14
    Statutory Rules and Orders No. 1: The Agricultural Workers (Sugar and Arrowroot) Wages Regulation Order, 1954
        Page C-1
        Page C-2
    Statutory Rules and Orders No. 2: The Industrial Workers Wages Regulation Order, 1954
        Page C-3
        Page C-4
Full Text


























SAINT VINCENT


GOVERNMENT


GAZE'TTE


VOL. 87.] SAINT VINCENT, TUESDAY, 5 JANUARY, 1954. [NO. 2.


GOVERNMENT NOTICES.

No. 3.
APPOINTMENTS.

PRISON VISITING COMMITTEE.
The following persons have been
appointed members of the above Com-
mittee for the year 1954 under the
provisions of Rule 3 of the St. Vincent
Prison Rules, 1945 (S.R. & O. No. 39
of 1945):-
E. GLASGOW, Esq., (Visiting Justice),
G. A. MCINTOSH, E&q..
H. A. DAVIS, Esq., O.B.E.,
R. T. SAMUEL, Esq.,
T. V. YOUNG, Esq.,
D. F. JOHNSON, Esq.,
Mrs. STELLA DARE,
Revd. J. B. BROOMES,
Thi SnpErintendent of Prisons,


Secretary.


5th January, 1954.
(J. 19/1943).


No. 4.
LOCAL COMMITTEE, BRITISH INDUS-
TRIES FAIR.
The following persons have been
appointed to serve on a local Committee
to collect exhibits for the British In-
dustries Fair, 1954:-
O. D. BRISBANE, Esq.,-representing
the Chamber of Commerce,
ALBAN DaSANTOS, Esq.,-represent-
ing the Planters' Association.


IAN CHILD, Esq.,-representing the
Arrowroot Association,
C, L. DeFREITAS, Esq.,-representing
the Agricultural Department,
Miss K. E. WILLIAMS,-representing
the Education Department,
Secretary :-Mr. G. F. JACK, Labour
Department.
5th January, 1954.
(B. 26/1949 II).

No. 5.
TEMPORARY APPOINTMENT.
His Excellency the Governor has been
pleased to appoint Dr. JAROSLAW KOL-
CAN, M.B., Ch.B., as a District Medical
Officer, St. Vincent, for a period of
three years with effect from 31st De-
cember, 1953.
5th January, 1954.
(P. F. 690).


No. 6.
VACATION LEAVE.
Mrs. WINIFRED NEVERSON, Ward
Sister, Colonial Hospital, has been
granted three months' vacation leave as
from 1st December, 1953.
5th January, 1954.
(M. 111950 II).

No. 7.
The Hon'ble K. H. C. ALLEYNE,
Crown Attorney, has been granted six


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4 SAINT VINCENT, TUESDAY, 5 JANUARY, 1954.-(No. 2).


months' vacation leave with effect from
1st January, 1954.
5th January, 1954.
(P. F. 627).

No. 8.
Mr. J. M. CAVE, Superintendent of
Agriculture, has been granted two
months' vacation leave with effect from
3rd January, 1954.
5th January, 1954.
(P. F. 581).

No. 9.
Mr. FITZ H. JAMES, First Senior
Compositor, Government Printing Of-
fice, has been granted six months' vaca-
tion leave with effect from 4th January,
1954.
5th January, 1954.
(P. F. 519).

No. 10.
ACTING APPOINTMENTS.
Consequent on the grant of vacation
leave to the Hon'ble K. H. C. ALLEYNE,
Crown Attorney, the following acting
appointments have been approved with
effect from 1st January, 1954:-
Mr. E. F. GLASGOW, Magistrate, to
act as Crown Attorney ;
SD. F. JOHNSON, Registrar, Su-
preme Court, to act as Magistrate;
,, D. E. WEEKES, Deputy Regis-
trar, to act as Registrar.
5th January, 1954.
(P. Fs.' 637, 631, 145).

No. 11.
Mr. H. S. MCCONNIE, Officer-in-
Charge, Camden Park Experiment Sta-
tion, has been appointed to act as
Superintendent of Agriculture during
the absence on leave of Mr. J. M. CAVE,
Superintendent of Agriculture.
5th January, 1954.
(P. F. 354).

No. 12.
TRANSFERS.
His Honour the Administrator has
approved of the following transfers
with effect from 1st January, 1954:-
Miss CLARE FINDLAY, Junior Clerk,
Audit Office to Government Of-
fice,
Miss ISLEY DAISLEY, Junior Clerk,
Government Office, to Audit Of-
fice.
5th January, 1954.
(P. Fs.464,345).


No. 13.
UNIVERSITY COLLEGE LONDON.
GOWER STREET, W.C.1.

WEBB SCHOLARSHIP.
A Scholarship, known as the Webb
Scholarship, may be awarded in 1954.
The Scholarship is awarded to a
woman student normally resident in a
territory, which, in the opinion of the
College Committee, is one of the less
developed areas of, or associated with,
the British Commonwealth of Nations.
The Scholarship is awarded for the
purpose of providing her with an
opportunity to receive a liberal educa-
tion at university standard which would
fit her to play a leading role in the
further development of her home
community.
The value of a Webb Scholarship is
250 a year.
A candidate must be qualified for
matriculation as an undergraduate stu-
dent of the University of London. The
Scholarship is primarily intended for an
undergraduate student, but may in
exceptional circumstances be awarded
to a postgraduate student.
A candidate must send written notice
of her intention to compete for the
Scholarship to the Registrar of the
College on or before 1st March. She
will be required to submit, on a form
which will be supplied by the Registrar,
particulars of her qualifications and of
the studies she wishes to pursue in the
event of the Scholarship being awarded
to her.
The candidate selected must pursue a
course of study approved by the appro-
priate Faculty.
The Scholarship is tenable for the
minimum period required for the com-
pletion of the course to which the
Scholar is admitted, subject to the pro-
vision that the tenure shall not exceed
four sessions.
5th January, 1954.

No. 14.
LEGISLATION.
The following Documents are pub-
lished with this issue of the Gazette:-
The Carriage by Air (Non-interna-
tional Carriage) (Colonies, Pro-
tectorates aid Trust Territories)
Order, 1953.
The Carriage by Air (Colonies, Pro-
tectorates and Trust Territories)
Order, 1953.
S.R. & 0. No. 1.-The Agricultural
Workers (Sugar and Arrowroot)
Wages Regulation Order, 1954.















SAINT VINCENT, TUESDAY, 5 JANUARY 1954.--(No. 2). 5


S.R. & O. No. 2.-The Industrial
Workers Wages Regulation Or-
der, 1954.
By Command,
A. L. SAMUEL,
Acting Government Secretary.
GOVERNMENT OFFICE,
5th January, 1954.

1 DEPARTMENTAL AND
OTHER NOTICES.

EDUCATION NOTICES.

TERM I, 1954.

GRAMMAR SCHOOL.
Term I, 1954, will begin on Monday,
18th January, at 10.30 a.m.
J. F. GORDON,
Acting Headmaster.
GRAMMAR SCHOOL,
5th January, 1954.

GIRLS HIGH SCHOOL.
Term I, 1954. will begin on Monday,
18th January, at 10.30 a.m.
J. M. BUCHAN,
Headmistress.
GIRLS' HIGH SCHOOL,
5th January, 1954.

TREASURY NOTICE.

Business Houses and other persons are
hereby informed that Government Local
Purchase Orders which hitherto have
been used for the supply of stores will,
in future, be used also for the supply of
any kind of service.
2. Treasury Payment Vouchers will
no longer be provided for the making
up by suppliers of their claims on
Government. Suppliers will bill Govern-
ment in the normal way for the amounts
due supporting their invoices with
duplicate copies of the relevant Local
Purchase Orders. Arrangements have
been made to effect settlement on a
monthly basis but in any instances
where payment is not made during the
month succeeding that in which trans-
actions took place, suppliers are invited
to inform the Colonial Treasurer of the
omission. The practice does not apply
to transactions effected in the month of
December in any year, payment for
which will be made by Government
before 31st December.


3. The present Local Purchase Order
form is issued in duplicate, a new form
will shortly be introduced which will be
issued to Suppliers in triplicate. The
Original of this new Form should be
retained by the Supplier, the Duplicate
should be priced and returned with the
goodssupplied and the Triplicate should
be attached to the Supplier's invoice or
statement rendered at the month end.
PETER R. ELLS,
Colonial Treasurer.
TREASURY CHAMBERS,
ST. VINCENT, B. W. I.
31st December, 1953.
(A. 24/1951 II).


SUPREME COURT NOTICES.

NOTICE is hereby given that a Sitting
of the Supreme Court of the Windward
Islands and Leeward Islands will be
held at the Court House in Kingstown,
for the trial of CRIMINAL causes on
Tuesday the 12th day of January, 1954,
commencing at 11.00 o'clock in the
forenoon.
All parties concerned, also such per-
sons as are bound over by recognizance
to prosecute or give evidence, or sum-
moned as jurors or witnesses are com-
manded to give their personal atten-
dance.
5th December, 1953.


NOTICE is hereby given that a Sitting
of the Supreme Court of the Windward
Islands and Leeward Islands will be
held at the Court House in Kingstown,
for the trial of CIVIL causes in the
Summary and Original Jurisdictions of
the Court on Tuesday the 12th day of
January, 1954, commencing at 11.00
O'clock in the forenoon.
5th December, 1953.


NOTICE is hereby given that a Sitting
of the Supreme Court of the Windward
Islands and Leeward Islands will be
held at the Court House in Kingstown,
for the hearing of APPEALS FROM
MAGISTRATES on Tuesday the 12th
day of January, 1954, commencing at
11.00 o'clock in the forenoon.
D. F. JOHNSON,
Registrar.
REGISTRAR'S OFFICE,
KINGSTOWN,
S5th December, 1953.


PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINQENT.
[Price 24 Cents.]







STATUTORY INSTRUMENTS

1953 No. 1206.
CIVIL AVIATION.
The Carriage by Air (Non-international Carriage)
(Colonies, Protectorates and Trust Territories)
Order, 1953.
Made 1st August, 1953
Laid before Parliament 4th August, 1953
Coming into Operation 1st October, 1953
At the Court at Buckingham Palace, the 1st day of August, 1953
Present,
The Queen's Most Excellent Majesty in Council.
Whereas it is expedient that the provisions of the First Schedule
to the Carriage by Air Act, 1932 (a), and the provisions of
subsections (4) and (5) of section one of the Act, shall extend
with certain exceptions, adaptations and modifications to the
territories mentioned in the Fourth Schedule to this Order in
respect of carriage by air, not being international carriage by air
as c'jfincd in the said First Schedule :
Now, therefore, Her Majesty, in pursuance of the powers
conferred upon Her by the said Act, is pleased, by and with the
advice of Her Privy Council, to order, and it is hereby ordered, as
follows :-
1. (1) This Order may be cited as the Carriage by Air (Non- Short title and
international Carriage) (Colonies, Protectorates and Trust commencement.
Territories) Order, 1953.
(2) This Order shall come into force on the first day of
October, 1953.
2. (1) In this Order, unless the context otherwise requires- Interpretation.
Governor of a territory" means the officer for the time
being administering the Government of that territory;
"The Act" means the Carriage by Air Act, 1932;
"The East African Territories" means the Colony and
Protectorate of Kenya, the Trust Territory of Tanganyika and
the Uganda Protectorate;
"The High Commission" means the East Africa High
Commission established by the East Africa (High Commission)
Orders in Council, 1947 to 1953(b);
"Territory" means any of the territories to which this
Order applies in accordance with the provisions of Article 6 of
this Order.
(2) The Interpretation Act, 1889(c), shall apply for th'3
purposes of the interpretation of this Order as it applies for the
( 22 & 23 Geo. 5, c. 36.
)S.R. & 0. 1947/2863; Rev. XI, p. 695; 1947 I, p. 758; S.I.
r/2126; 1953/975; 1951 I, p. 1222. (c) 52 & 53 Vict. c. 63.
L^3











Application of
First Schedule
to Carriage by
Air Act, 1932,
to non-
international
carriage.

Application of
section 1 (4)
and (5) of
Carriage by
Air Act, 1932,
to non-
international
carriage.

Power to
restrict
application of
Order.



Application of
Article 5 of the
Order to the
East African
Territories.

Application
of Order.


purposes of the interpretation of an Act of Parliament and as if
this Order were an Act of Parliament.
3. Subject to the provisions of Article 5 of this Order, the
provisions of the First Schedule to the Act, adapted and modified
as set out in the Second Schedule to this Order, shall apply to all
carriage by air, not being international carriage by air as defined
in the First Schedule to the Act.



4. The provisions of subsections (4) and (5) of section one of
the Act, adapted and modified as set out in the First Schedule to
this Order, shall apply to the carriage by air specified in Article 3
of this Order.





5. The Governor of a territory may by writing direct that the
provisions (in whole and not in part) of this Order, in relation to
that territory, shall not apply to any carriage by air, or to any
class of carriage by air, and any such direction may be expressed
to be, and if so expressed shall take effect, subject to any
conditions or limitations which in the circumstances of the case
appear to the Governor to be required.

6. Article 5 of this Order shall have effect in relation to each
of the East African Territories as if for references in the said
section to the Governor there were substituted references to the
High Commission.


7. This Order shall apply to the territories mentioned in the
Fourth Schedule to this Order.
W. G. Agnew.


SCHEDULES.


Article 4


FIRST SCHEDULE.


Section 1-(4) Any liability imposed by Article 17 of the First Schedule to the
Act as applied by this Order on a carrier in respect of the death of a passenger
shall be in substitution for any liability of the carrier in respect of the death of
that passenger either under any enactment or at common law, and the provisions
of the Second Schedule to the Act adapted and modified as set out in the Third
Schedule to this Order shall have effect with respect to the persons by and for
whose benefit the liability so imposed is enforceable and with respect to the manner
In which it may be enforced.
(5) Any sum in francs mentioned in Article 22 of the First Schedule to the Act
as applied to this Order shall, for the purposes of any action against a carrier,








be converted into sterling, or its equivalent in the local currency, at the rate of
exchange prevailing on the date on which the amount of any damages to be paid
by the carrier is ascertained by the Court.

Article 3
SECOND SCHEDULE.
CHAPTER I.
SCOPE.
Article 1.
(1) This Schedule applies to all carriage of passengers, luggage or cargo
performed by aircraft for reward. It applies equally to gratuitous carriage by
aircraft performed by an air transport undertaking.
Article 2.
(2) This Schedule does not apply to the carriage of postal packets performed
under the terms of any international postal convention nor to the carriage of
postal packets as defined in the Post Office Acts, 1908 to 1940(d).

CHAPTER II.
DOCUMENTS OF CARRIAGE.
AIR CONSIGNMENT NOTE.
Article 5.
(1) Every carrier of cargo has the right to require the consignor to make out
and hand over to him an air consignment note.
(2) The absence or loss of this document does not affect the existence or the
validity of the contract of carriage which shall be none the less governed by the
provisions of this Schedule.
Article 7.
The carrier of cargo has the right to require the consignor to make out
separate consignment notes when there is more than one package.

Article 10.
(1) The consignor is responsible for the correctness of the particulars and
statements relating to the cargo which he inserts in the air consignment note, if
any.
(2) The consignor will be liable for all damage suffered by the carrier or any
other person by reason of the incorrectness or incompleteness of the said
particulars and statements.
Article 11.
(1) The air consignment note, if any, is prima face evidence of the conclusion
of the contract, of the receipt of the cargo and of the conditions of carriage.
(2) Any statements in an air consignment note relating to the weight,
dimensions and packing of the cargo, or relating to the number of packages, are
prima facie evidence of the facts stated; any such statements relating to the
quantity, volume and condition of the cargo do not constitute evidence against
the carrier except so far as they both have been, and are stated in the air
consignment notes to have been, checked by him in the presence of the consignor,
or relate to the apparent condition of the cargo.
(d) 8 Edw. 7, c. 48; 5 & 6 Geo. 5, c. 82; 10 & 11 Geo. 5, c 40; 25 & 26 Geo. 5, c. 15;
3 & 4 Geo. 6, c. 25.







Article 12.
(1) Subject to his liability to carry out all his obligations under the contract
of carriage, the consignor has the right to dispose of the cargo by withdrawing
it at the aerodromne of departing or destination, or by stopping it in the course of
the carriage on any landing, or by calling for it to be delivered at the place of
desti nation or in the course of the carriage to a person other than the original
ccnsignee or Ty requiring it to be returned to the aerodrome of departure. He
must not exercise this right of disposition in such a way as to prejudice the carrier
or other corsignors and he must repay any expenses occasioned by the exercise of
this right.
(2) If it is not reasonably practicable to carry out the orders of the consignor
the carrier must so inform him forthwith.
14) The right conferred on the consignor ceases at the moment when that of
ihe consignee begins in accordance with Article 13. Nevertheless, if the consignee
declines to accept the :ir consignment note, if any, or the cargo, or if he cannot be
communicated with, ihe consignor resumes his right of disposition.

Article 13.
(1) Exc,'At in the circumstances set out in the preceding Article, the consignee
is entitled, on arrival of the cargo at the place of destination, to require the carrier
to deliver the c.rgo to him. on payment of the charges due and on complying with
the condition. of the contract of carriage.
(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to
the consignee as soon as the cargo arrives.
(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived
at the cxpiralicn of seven days after the date on which it ought to have arrived,
thl-- consignee is entitled to put into force against the carrier the rights which flow
from the contract of carriage.

Article 14.
The consigncr and the consignee can respectively enforce all the rights given
them by Articles 12 and 13, each in his own name, whether he is acting in his own
interest or in the interest of another, provided that he carries out the obligations
imposed by the contract.

Article 15.
(1) Articles 12, 13 and 14 do not affect either the relations of the consignor and
the consignee with each other or the mutual relations of third parties whose rights
are derived either from the consignor or from the consignee.
(2) The provisions of Articles 12, 13 and 14 can only be varied by special
contract in writing between the parties.

Article 16.
(1) The consignor must furnish such information and documents as atr
necessary to meet the formalities of customs, octroi or police, before the cargo can
be celie erle to the consignee. The consignor is liable to the carrier for any
darmae occa sied by the absence, insufficiency or irregularity of any such
information or documents, unless the damage is due to the fault of the carrier or
his servants or agents.
(2) The carrier is under no obligation to enquire into the correctness or
sufficiency of such information or documents.







CHAPTER III.
LIABILITY OF THE CARRIER.
Article 17.
The carrier is liable for damage sustained in the event of the death or
wounding of a passenger or any other bodily injury suffered by a passenger, if the
accident which caused the damage so sustained took place on board the aircraft
or in the course of any of the operations of embarking or disembarking.

Article 18.
(1) The carrier is liable for damage sustained in the event of the destruction
or loss of, or of damage to, any luggage or any cargo, if the occurrence which
caused the damage so sustained took place during the carriage by air.
(2) The carriage by air within the meaning of the preceding paragraph
comprises the period during which the luggage or cargo is in charge of the carrier,
whether in an aerodrome or on board an aircraft, or, in the case of a landing
outside an aerodrome, in any place whatsoever.
(3) The period of the carriage by air does not extend to any carriage by land,
by sea or by river performed outside an aerodrome. If, however, such a carriage
takes place in the performance of a contract for carriage by air, for the purpose of
leading, delivery or trans-shipment, any damage is presumed, subject to proof to
the contrary, to have been the result of an event which took place during the
carriage by air.

Article 19.
The carrier is liable for damage occasioned by delay in the carriage by air of
passengers, luggage or cargo to the extent of the amount of any such damage
which may be proved to have been sustained by reason of such delay or of an
amount representing double the sum paid for the carriage, whichever amount may
be the smaller :
Provided that-
(i) The carrier may by special contract in writing expressly exclude, increase
or decrease the limit of his liability as above provided; and
(ii) Nothing in this Article shall be deemed to affect any rule of law relating
to remoteness of damage.

Article 20.
(1) The carrier is not liable if he proves that he and his servants or agents
h;.-e taken all reasonable measures to avoid the damage or that it was not
reasonably possible for him or them to take such measures.

Article 21.
If the carrier proves that the damage was caused by or contributed to by the
negligence of the injured person the Court may, in accordance with the provisions
of its own law, exonerate the carrier wholly or partly from his liability.

Article 22.
(1) Subject to the provisions of paragraph (4) of this Article, in the carriage
of passengers the liability of the carrier in respect of injury to (including injury
resulting in the death of) any passenger is limited to the sum of 125,000 francs.







In a case where damages are awarded in the form of periodical payments, the
equivalent capital value of the said payments shall not exceed 125,000 francs.
(2) Subject to the provisions of paragraph (4) of this Article, in the carriage
of luggage of which the carrier takes charge and of cargo the liability of the carrier
in respect of destruction, loss or damage is limited to a sum of 250 francs per
kilogram.
(3) Subject to the provisions of paragraph (4) of this Article, as regards
objects of which the passenger takes charge himself the liability of the carrier in
respect of destruction, loss or damage is limited to 5,000 francs per passenger.
(4) With respect to the carriage referred to in paragraphs (1), (2) and (3) of
this Article the carrier and the passenger or the carrier and the consignor, as the
case may be, may by special contract in writing agree to a limit of liability higher
than that specified in those paragraphs.
(5) The sums mentioned above shall be deemed to refer to the French franc
consisting of 651/2 milligrams of gold of millesimal fineness 900. These sums may be
converted into any national currency in round figures.

Article 23.
Any provision in a contract of carriage tending to relieve the carrier of liability
or to fix a lower limit than that which is laid down in this Schedule otherwise than
in accordance with the provisions of this Schedule shall be null and void, but the
nullity of any such provision does not involve the nullity of the whole contract,
which shall remain subject to the provisions of this Schedule.

Article 24.
(1) In the cases covered by Articles 18 and 19 any action for damages, however
founded, can only be brought subject to the conditions and limits set out in this
Schedule.
(2) In the cases covered by Article 17 the provisions of the preceding paragraph
also apply, without prejudice to any question as to who are the persons who have
the right to bring such an action and what are their respective rights.

Article 25.
(1) The carrier shall not be entitled to avail himself of the provisions of this
Schedule which exclude or limit his liability, if the damage is caused by his wilful
misconduct.
(2) Similarly the carrier shall not be entitled to avail himself of the said
provisions, if the damage caused as aforesaid by any servant or agent of the carrier
acting within the scope of his employment unless the carrier proves that the wilful
misconduct of his servant or agent took place without his actual fault or privity.

Article 26.
(1) Receipt by the person entitled to delivery of luggage or cargo without
complaint is prima facie evidence that the same has been delivered in good
condition and in accordance with the contract of carriage.
(2) In the case of damage, the person entitled to delivery must complain to
the carrier forthwith after the discovery of the damage, and, at the latest within
three days from the date of receipt in the case of luggage and seven days from the
date of receipt in the case of cargo. In the case of delay the complaint must be
made at the least within fourteen days from the date on which the luggage or
cargo has been placed at his disposal.








(3) Every complaint must be made by notice in writing despatched within the
times aforesaid.
(4) Failing complaint within the times aforesaid, no action shall lie against
the carrier, save in the case of fraud on his part.

Article 27.
In the case of the death of the person liable, an action for damages lies in
accordance with the terms of this Schedule against those legally representing his
estate.

Article 29.
(1) The right to damages shall be extinguished if an action is not brought
within two years, reckoned from the date of arrival at the destination, or from the
date on which the aircraft ought to have arrived, or from the date on which the
carriage stopped.
(2) The method of calculating the period of limitation shall be determined
by the law of the Court seised of the case.


Article 30.
(1) In the case of carriage to be performed by various successive carriers, each
carrier who accepts passengers, luggage or cargo shall be bound by the provisions
of this Schedule, and is deemed to be one of the contracting parties to the contract
of carriage in so far as the contract deals with that part of the carriage which is
performed unCdr his supervision.
(2) In the case of carriage of this nature, the passenger or his representative
can take action only against the carrier who performed the carriage during which
the accident or the delay occurred, save in the case where, by express agreement,
the first carrier has assumed liability for the whole journey.
(3) As regards luggage or cargo, the passenger or consignor will have a right
of action against the first carrier, and the passenger or consignee who is entitled
to delivery will have a right of action against the last carrier, and further, each
may take action against the carrier who performed the carriage during which the
destruction, loss, damage or delay took place. These carriers will be jointly and
severally liable to the passenger or to the consignor or consignee.


CHAPTER IV.

PROvIsIONS RELATING TO COMBINED CARRIAGE.

Article 31.

(1) In the case of combined carriage performed partly by air and partly by any
other mode of carriage, the provisions of this Schedule apply only to the carriage
by air.
(2) Nothing in this Schedule shall prevent the parties in the case of combined
carriage from agreeing to special conditions relating to other modes of carriage,
provided that the provisions of this Schedule are observed as regards the carriage
by air.









CHAPTER V.

GENERAL AND FINAL PROVISIONS.

Article 32.

Any provision contr.ined in the contract and all special agreements entered
into before the damage occurred by which the parties purport to infringe the rules
laid down by this Schedule by deciding the law to be applied shall be null and void.
Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to
this Schedule.

Article 33.
Nothing contained in this Schedule shall prevent the carrier either from
refusing to enter into any contract of carriage, or from making stipulations which
do not conflict with the provisions of this Schedule.


First Schedule

THIRD SCHEDULE.

PROVISIONS AS TO LIABILITY OF CARRIER IN THE EVENT OF THE DEATH OF A PASSENGER.

1. The liability shall be enforceable for the benefit of such of the members of
the passenger's family as sustained damage by reason of his death.
In this paragraph the expression member of a family" means wife or
husband, palrnt, step-parent, grandparent, brother, sister, half-brother, half-sister,
child, step-child, grandchild.
Provided that, in deducing any such relationship .as aforesaid, any illegitimate
person and any adopted person shall be treated as being, or as having een, the
legitimate child of his mother, and reputed father or, as the case may be, of his
adopters.
2. An action to enforce the liability may be brought by the personal
representative of the passenger or by any person for whose benefit the liability is
under the last preceding paragraph enforceable, but only one action shall be
brought in respect of the death of any one passenger, and every such action by
whomsoever brought shall be for the benefit of all such persons so entitled as
aforesaid as either are domiciled in the territory or, not being domiciled there,
express a desire to take the benefit of the action.
3. Subject to the provisions of the next succeeding paragraph, the amount
recovered in any such action, after deducting any costs not recovered from the
defendant, sh31ll be divided between the persons entitled in such proportions as
the Court (or, where the action is tried with a jury, the jury) directs.
!. The Court before which any such action is brought may at any stage of the
proceedings make any such order as appears to the Court to be just and equitable
in view of the provisions of the First Schedule to the Act as applied by this Order
limiting the liability of a carrier and of any proceedings which hav3 been, or are
likely to be, commenced outside the territory in respect of the death of the
passenger in question.









Article 6


FOURTH SCHEDULE.

TERRITORIES TO WHICH THIS ORDER APPLIES.


Aden (Colony and Protectorate)
Bahamas
Barbados
Basutoland
BEchuanaland Protectorate
Bermuda
British Guiana
British Honduras
British Solomon Islands Protectorate
Cyprus
Falkland Islands and Dependencies
Fiji
Gambia (Colony and Protectorate)
Gibraltar
Gilbert and Ellice Islands Colony
Gold Coast-
(a) Colony
(b) Ashanti
(c) Northern Territories
(d) Togoland under United King-
dom trusteeship
Hong Kong
Jamaica (including Turks and Caicos
Islands and the Cayman Islands)
Kenya (Colony and Protectorate)
Leeward Islands-
Antigua
Montserrat
St. Christopher, Nevis and Anguilla
Virgin Islands


Malta
Mauritius
Nigeria-
(a) Colony
(b) Protectorate
(c) Cameroons under United King-
dom trusteeship
North Borneo
Northern Rhodesia
Nyasaland Protectorate
St. Helena and Dependencies
Sarawak
Settlements of Penang and Malacca
Seychelles
Sierra Leone (Colony and Protector-
ate)
Singapore
Somaliland Protectorate
Swaziland Protectorate
Trust Territory of Tanganyika
Trinidad and Tobago
Uganda Protectorate
Windward Islands-
Dominica
Grenada
St. Lucia
St. Vincent
Zanzibar Protectorate


EXPLANATORY NOTE.
(This Note is not part of the Order, but is intended to indicate its general purport.)
This Order applies subsections (4) and (5) of section 1 of the Carriage by Air
Act, 1932, and the provisions of the First Schedule to that Act, subject to certain
adaptations and modifications, to carriage by air which is not international carriage
as defined in the First Schedule to that Act. The provisions of this Order apply
to the territories mentioned in the Fourth Schedule to the Order.








STATUTORY INSTRUMENTS.

1953 No. 1474.

CIVIL AVIATION.

The Carriage by Air (Colonies, Protectorates and
Trust Territories) Order, 1953.

Made -4th October, 1953
Laid before Parliament 6th October, 1953
Coming into Operation 1st January, 1954

At the Court at Balmoral, the 4th day of October, 1953
Present,
The Queen's Most Excellent Majesty in Council.
Whereas a Convention signed at Warsaw on the 12th day of
October, 1929, is in force as regards the territories mentioned in
the Second Schedule to this Order :
And Whereas it is expedient to extend the provisions of
Sections I and 2 of the Carriage by Air Act, 1932(a) subject to
certain adaptations and modifications to such territories :
Now, therefore, Her Majesty, by virtue of and in exercise of
the powers in this behalf by the Carriage by Air Act, 1932, or
otherwise in Her Majesty vested, is pleased, by and with the advice
of Her Privy Council, to order, and it is hereby ordered, as follows:-

1. (1) This Order may be cited as the Carriage by Air Citation and
(Colonies, Protectorates and Trust Territories) Order, 1953. commencement.
(2) This Order shall come into operation on the first day of
January, 1954.

2. (1) In this Order, unless the context otherwise requires :- Interpretation.
Colony means any of the colonies, protectorates or other
territories mentioned in the Second Schedule hereto;
The Act means the Carriage by Air Act, 1932;
"The Convention" means the Convention for the
unification of certain rules relating to international carriage
by air which was signed on behalf of His late Majesty King
George the Fifth at Warsaw on the 12th day of October, 1929,
the provisions of which are set out in the annex to the First
Schedule hereto :
(2) The Interpretation Act, 1889(b), shall apply for the
purposes of the interpretation of this Order as it applies for the
purposes of the interpretation of an Act of Parliament and as if
this Order were an Act of Parliament.
X (a) 22 & 23 Geo. 5, c. 36. (b) 52 & 53 Vict. 2. 63.



Srs








Application of 3. The provisions of Sections 1 and 2 of the Act subject to the
sections 1 and 2 adaptations and modifications as set forth in the First Schedule
of the Act. hereto shall be and hereby are extended to the territories
mentioned in the Second Schedule hereto.

Revocation. 4. The following Orders are hereby revoked but without
prejudice to anything lawfully done thereunder-
The Carriage by Air (Colonies, Protectorates and Mandated
Territories) Order, 1934(c);
The Carriage by Air (Colonies Protectorates and Mandated
Territories) (Date of coming into Force of Convention) Order,
1935(d);
The Carriage by Air (Aden) Order, 1938(e);
The Carriage by Air (Aden Protectorate) (Date of Coming
into Force of Convention) Order, 1938(f); and
The Carriage by Air (Basutoland, Bechuanaland
Protectorate and Swaziland) Order, 1952(g).
W. G. Agnew.

FIRST SCHEDULE.
Section 1.-(1) The provisions of the Convention as set out in the First Annex
to this Schedule shall, so far as they relate to the rights and liabilities of carriers,
passengers, consignors, consignees and other persons and subject to the provisions
of this section, hae, the force of law in the Colony in relation to any carriage by
air to which the Convention applies, irrespective of the nationality of the aircraft
performing that carriage.
(2) Her Majesty may by Order in Council from time to time certify who are
the High Contracting Parties to the Convention, in respect of what territories they
are respectively parties and to what extent they have availed themselves of the
Provisions of the Additional Protocol to the Convention, and any such Order shall,
except in so far as it has been superseded by a subsequent Order, be conclusive
evidence of the matters so certified.
(3) Any reference in the said First Annex to ihe territory of any High
Contracting Party to the Convention shall be construed as a reference to the
territories subject to his sovereignty, suzerainty, mandate or authority, in respect
of which he is a party.
(4) Any liability imposed by Article 17 of the said First Annex on a carrier in
respect of the death of a passenger shall be in substitution for any liability of the
carrier in respect of the death of that passenger either under any enactment or at
common law and the provisions s.t out in the Second Annex to this Schedule shall
have effect with respect to the persons by and for whose benefit the liability so
imposed is enforceable and with respect to the manner in which it may be enforced.
(5) Any cum in francs mentioned in Article 22 of the said First Annex sha-l,
for the purposes of any action against a carrier, be converted into sterling, or its
equivalent in the local currency, at the rate of exchange prevailing on the date on
which the amount of any damages to be paid by the carrier is ascertained by the
court.
(c) S.R. & O. 1934/915; Rev. I, p. 1230; 1934, p 131.
(d) S.R. & O. 1935/150; Rev. I, p. 1216; 1935, p. 124.
(e) S.R. & 0. 1938/778; Rev. I, p. 1243; 1938, I, p. 50.
(f) S.R. & O. 1938/1350; Rev. I, p. 1217; 1938, I, p. 51.
(g) S.I. 1952/2036.








Section 2.-Every High Contracting Party to the Convention who has not
availed himself of the provisions of the additional Protocol thereto shall, for the
purposes of any action brought in a court in the Colony in accordance with the
provisions of Article 28 of the said First Annex to enforce a claim in respect of
carriage undertaken by him, be deemed to have submitted to the jurisdiction of
that Court, and accordingly rules of court may provide for the manner in which
any action is to be commenced and carried on; but nothing in this section shall
authorise the issue of execution against the property of any High Contracting
Party.

FIRST ANNEX.

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL
CARRIAGE BY AIR.

CHAPTER I.

SCOPE.-DEFINITIONS.

Article 1.
(1) This Convention applies to all international carriage of persons, luggage
or goods performed by aircraft for reward. It applies equally to gratuitous
carriage by aircraft performed by an air transport undertaking.
(2) For the purposes of this Convention the expression "international
carriage means any carriage in which, according to the contract made by the
parties, the place of departure and the place of destination, whether or not there
be a break in the carriage or a transhipment, are situated either within the
territories of two High Contracting Parties, or within the territory of a single High
Contracting Party, is there is an agreed stopping place within a territory subject
to the sovereignty, suzerainty, mandate or authority of another Power, even
though that Power is not a Party to this Convention. A carriage without such an
agreed stopping place between territories subject to the sovereignty, suzerainty,
mandate or authority of the same High Contracting Party is not deemed to be
international for the purposes of this Convention.
(3) A carriage to be performed by several successive .air carriers is deemed, for
the purposes of this Convention, to be one undivided carriage, if it has been
regarded by the parties as a single operation, whether it had been agreed upon
under the form of a single contract or of a series of contracts, and it does not lose
its international character merely because one contract or a series of contracts is
to be performed entirely within a territory subject to the sovereignty, suzerainty,
mandate or authority of the same High Contracting Party.


Article 2.
(1) This Convention applies to carriage performed by the State or by legally
constituted public bodies provided it falls within the conditions laid down in
Article 1.
(2) This Convention does not apply to carriage performed under the terms of
any international postal Convention.








CHAPTER II.

DOCUMENTS OF CARRIAGE.

ELECTION 1.-PASSENGER TICKET.

Article 3.
(1) For the carriage of passengers the carrier must deliver a passenger ticket
which shall contain the following particulars :-
(a) the place and date of issue;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier may reserve the
right to alter the stopping places in case of necessity, and that if he
exercises that right the alteration shall not have the effect of depriving
the carriage of its international character;
(d) the name and address of the carrier or carriers;
(e) a statement that the carriage is subject to the rules relating to liability
established by this Convention.
(2) The absence, irregularity or loss of the passenger ticket does not affect the
existence or the validity of the contract of carriage, which shall none the less be
subject to the rules of this Convention. Nevertheless, if the carrier accepts a
passenger without a passenger ticket having been delivered he shall not be entitled
to avail himself of those provisions of this Convention which exclude or limit his
liability.

SECTION 2.-LUGGAGE TICKET.

Article 4.
(1) For the carriage of luggage, other than small personal objects of which
the passenger takes charge himself, the carrier must deliver a luggage ticket.
(2) The luggage ticket shall be made out in duplicate, one part for the
passenger and the other part for the carrier.
(3) The luggage ticket shall contain the following particulars:-
(a) the place and date of issue;
(b) the place of departure and of destination;
(c) the name and address of the carrier or carriers;
(d) the number of the passenger ticket;
(e) a statement that delivery of the luggage will be made to the bearer of
the luggage ticket;
(f) the number and weight of the packages;
(g) the amount of the value declared in accordance with Article 22 (2);
(h) a statement that the carrier is subject to the rules relating to liability
established by this Convention.
(4) The absence, irregularity or loss of the luggage ticket does not affect the
existence or the validity of the contract of carriage, which shall none the less be
subject to the rules of this Convention. Nevertheless, if the carrier accepts luggage
without a luggage ticket having been delivered, or if the luggage ticket does not
contain the particulars set out at (d) (f) and (h) above, the carrier shall not be
entitled to avail himself of those provisions of the Convention which exclude or
limit his liability.








SECTION 3.-AIR CONSIGNMENT NOTE.

Article 5.
(1) Every carrier of goods has the right to require the consignor to make out
and hand over to him a document called an "air consignment note"; every
consignor has the right to require the carrier to accept this document.
(2) The absence, irregularity or loss of this document does not affect the
existence or the validity of the contract of carriage which shall, subject to the
provisions of Article 9, be none the less governed by the rules of this Convention.

Article 6.
(1) The air consignment note shall be made out by the consignor in three
original parts and be handed over with the goods.
(2) The first part shall be marked for the carrier ", and shall be signed by
the consignor. The second part shall be marked for the consignee "; it shall be
signed by the consignor and by the carrier and shall accompany the goods. The
third part shall be signed by the carrier and handed by him to the consignor after
the goods have been accepted.
(3) The carrier shall sign on acceptance of the goods.
(4) The signature of the carrier may be stamped; that of the consignor may
be printed or stamped.
(5) If, at the request of the consignor, the carrier makes out the air
consignment note, he shall be deemed, subject to proof to the contrary, to have
done so on behalf of the consignor.

Article 7.
The carrier of goods has the right to require the consignor to make out
separate consignment notes when there is more than one package.

Article 8.
The air consignment note shall contain the following particulars:-
(a) the place and date of its execution;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier may reserve the
right to alter the stopping places in case of necessity, and that if he
exercises that right the alteration shall not have the effect of depriving
the carriage of its international character;
(d) the name and address of the consignor;
(e) the name and address of the first carrier;
(f) the name and address of the consignee, if the case so requires;
(g) the nature of the goods;
(h) the number of the packages, the method of packing and the particular
marks or numbers upon them;
(i) the'weight, the quantity and the volume or dimensions of the goods;
(j) the apparent condition of the goods and of the packing;
(k) the freight, if it has been agreed upon, the date and place of payment,
and the person who is to pay it;
(1) if the goods are sent for payment on delivery, the price of the goods, and,
if the case so requires, the amount of the expenses incurred;







(m) the amount of the value declared in accordance with Article 22 (2);
(n) the number of parts of the air consignment note;
(o) the documents handed to the carrier to accompany the air consignment
note;
(p) the time fixed for the completion of the carriage and a brief note of the
route to be followed, if these matters have been agreed upon;
(q) a statement that the carriage is subject to the rules relating to liability
established by this Convention.

Article 9.
If the carrier accepts goods without an air consignment note having been
made out, or if the air consignment note does not contain all the particulars set
out in Article 8 (a) to (i) inclusive and (q), the carrier shall not be entitled to
avail himself of the provisions of this Convention which exclude or limit his
liability.
Article 10.
(1) The consignor is responsible for the correctness of the particulars and
statements relating to the goods which he inserts in the air consignment note.
(2) The consignor will be liable for all damage suffered by the carrier or any
other person by reason of the irregularity, incorrectness or incompleteness of the
said particulars and statements.
Article 11.
(1) The air consignment note is prima face evidence of the conclusion of the
contract, of the receipt of the goods and of the conditions of carriage.
(2) The statements in the air consignment note relating to the weight,
dimensions and packing of the goods, as well as those relating to the number of
packages, are prima facie evidence of the facts stated; those relating to the
quantity, volume and conditions of the goods do not constitute evidence against
the carrier except so far as they both have been, and are stated in the air
consignment note to have been, checked by him,in the presence of the consignor,
or relate to the apparent condition of the goods.

Article 12.
(1) Subject to his liability to carry out all his obligations under the contract
of carriage, the consignor has the right to dispose of the goods by withdrawing
them at the aerodrome of departure or destination, or by stopping them in the
course of the journey on any landing, or by calling for them to be delivered at the
place of destination or in the course of the journey to a person other than the
consignee named in the air consignment note, or by requiring them to be returned
to the aerodrome of departure. He must not exercise this right of disposition in
such a way as to prejudice the carrier or other consignors and he must repay any
expenses occasioned by the exercise of this right.
(2) If it is impossible to carry out the orders of the consignor the carrier must
so inform him forthwith.
(3) If the carrier obeys the orders of the consignor for the disposition of the
goods without requiring the production of the part of the air consignment note
delivered to the latter, he will be liable, without prejudice to his right of recovery
from the consignor, for any damage which may be caused thereby to any person
who is lawfully in possession of that part of the air consignment note.








(4) The right conferred on the consignor ceases at the moment when that of
the consignee begins in accordance with Article 13. Nevertheless, if the consignee
declines to accept the consignment note or the goods, or if he cannot be
communicated with, the consignor resumes his right of disposition.

Article 13.
(1) Except in the circumstances set out in the preceding Article, the consignee
is entitled, on arrival of the goods at tlh place of destination, to require the carrier
to hand over to him the air consignment note and to deliver the goods to him, on
payment of the charges due and on complying with the conditions of carriage set
out in the air consignment note.
(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to
the consignee as soon as the goods arrive.
(3) If the carrier admits the loss of the goods, or if the goods have not arrived
at the expiration of seven days after the date on which they ought to have arrived,
the consignee is entitled to put into force against the carrier the rights which flow
from the contract of carriage.

Article 14.
The consignor and the consignee can respectively enforce all the rights given
them by Articles 12 and 13, each in his own name, whether he is acting in his own
interest or in the interest of another, provided that he carries out the obligations
imposed by the contract.

Article 15.
(1) Articles 12, 13 and 14 do not affect either the relations of the consignor or
the consignee with each other or the mutual relations of third parties whose rights
are derived either from the consignor or from the consignee.
(2) The provisions of Articles 12, 13 and 14 can only be varied by express
provision in the air consignment note.

Article 16.
(1) The consignor must furnish such information and attach to the air
consignment note such documents as are necessary to meet the formalities of
customs, octroi or police before the goods can be delivered to the consignee. The
consignor is liable to the carrier for any damage occasioned by the absence,
insufficiency or irregularity of any such information or documents, unless the
damage is due to the fault of the carrier or his agents.
(2) The carrier is under no obligation to enquire into tha correctness or
sufficiency of such information or documents.


CHAPTER III.

LIABILITY OF THE CARRIER.

Article 17.
The carrier is liable for damage sustained in the event of the death or
wounding of a passenger or any other bodily injury suffered by a passenger, if the
accident which caused the damage so sustained took place on board the aircraft or
in the course of any of the operations of embarking or disembarking.








Article 18.
(1) The carrier is liable for damage sustained in the event of the destruction
or loss of, or of damage to, any registered luggage or any goods, if the occurrence
which caused the damage so sustained took place during the carriage by air.
(2) The carriage by air within the meaning of the preceding paragraph
comprises the period during which the luggage or goods are in charge of the
carrier, whether in an aerodrome or on board an aircraft, or, in the case of a
landing outside an aerodrome, in any place whatsoever.
(3) The period of the carriage by air does not extend to any carriage by land,
by sea or by river performed outside an aerodrome. If, however, such a carriage
takes place in the performance of a contract for carriage by air, for the purpose of
loading, delivery or transhipment, any damage is presumed, subject to proof to the
contrary, to have been the result of an event which took place during the carriage
by air.
Article 19.
The carrier is liable for damage occasioned by delay in the carriage by air of
passengers, luggage or goods.
Article 20.
(1) The carrier is not liable if he proves that he and his agents have taken all
necessary measures to avoid the damage or that it was impossible for him or them
to take such measures.
(2) In the carriage of goods and luggage the carrir is not liable if he proves
that the damage was occasioned by negligent pilotage or negligence in the
handling of the aircraft or in navigation and that, in all other respects, he and his
agents have taken all necessary measures to avoid the damage.

Article 21.
If the carrier proves that the damage was caused by or contributed to by the
negligence of the injured person the Court may, in accordance with the provisions
of its own law, exonerate the carrier wholly or partly from his liability.

Article 22.
(1) In the carriage of pascangers the liability of the carrier for each passenger
is limited to the sum of 125,000 francs. Where, in accordance with the law of the
Courts seised of the case, damages may be awarded in the form of periodical
payments, the equivalent capital value of the said payments shall not exceed
125,00C francs. Nevertheless, by special contract, the carrier and the passenger
may agree to a higher limit of liability.
(2) In the carriage of registered luggage and of goods, the liability of the
carrier is limited to a sum of 250 francs per kilogram, unless the consignor has
made, at the time when the package was handed over to the carrier, a special
declaration of the value at delivery and has paid a supplementary sum if the case
so requires. In that case the carrier will be liable to pay a sum not exceeding the
declared sum, unless he proves that that sum is greater than the actual value to
the consignor at delivery.
(3) As regards objects of which the passenger takes charge himself the liability
of the carrier is limited to 5,000 francs per passenger.
(4) The sums mentioned above shall be deemed to refer to the French franc
consisting of 651/2 milligrams gold of milesimal fineness 900. These sums may be
converted into any national currency in round figures.








Article 23.
Any provision tending to relieve the carrier of liability or to fix a lower limit
than that which is laid down in this Convention shall be null and void, but the
nullity of any such provision does not involve the nullity of the whole contract,
which shall remain subject to the provisions of this Convention.

Article 24.
(1) In the cases covered by Articles 18 and 19 any action for damages, however
founded, can only be brought subject to the conditions and limits set out in this
Convention.
(2) In the cases covered by Article 17 the provisions of the preceding paragraph
also apply, without prejudice to the questions as to who are the persons who have
the right to bring suit and what are their respective rights.

Article 25.
(1) The carrier shall not be entitled to avail himself of the provisions of this
Convention which exclude or limit his liability, if the damage is caused by his
wilful misconduct or by such default on his part as, in accordance with the law of
the Court seised of the case, is considered to be equivalent to wilful misconduct.
(2) Similarly the carrier shall not be entitled to avail himself of the said
provisions, if the damage is caused as aforesaid by any agent of the carrier acting
within the scope of his employment.

Article 26.
(1) Receipt by the person entitled to delivery of luggage or goods without
complaint is prima facie evidence that the same have been delivered in good
condition and in accordance with the document of carriage.
(2) In the case of damage, the person entitled to delivery must complain to
the carrier forthwith after the discovery of the damage, and, at the latest, within
three days from the date of receipt in the case of luggage and seven days from the
date of receipt in the case of goods. In the case of delay the complaint must be
made at the latest within fourteen days from the date on which the luggage or
goods have been placed at his disposal.
(3) Every complaint must be made in writing upon the document of carriage
or by separate notice in writing despatched within the times aforesaid.
(4) Failing complaint within the times aforesaid, no action shall lie against
the carrier, save in the case of fraud on his part.

Article 27.
In the case of the death of the person liable, an action for damages lies in
accordance with the terms of this Convention against those legally representing
his estate.
Article 28.
(1) An action for damages must be brought, at the option of the plaintiff, in
the territory of one of the High Contracting Parties, either before the Court having
jurisdiction where the carrier is ordinarily resident, or has his principal place of
business, or has an establishment by which the contract has been made or before
the Court having jurisdiction at the place of destination.
(2) Questions of procedure shall be governed by the law of the Court seised of
the case.








Article 29.
(1) The right to damages shall be extinguished if an action is not brought
within two years, reckoned from the date of arrival at the destination, or from the
date on which the aircraft ought to have arrived, or from the date on which the
carriage stopped.
(2) The method of calculating the period of limitation shall be determined by
the law of the Court seised of the case.

Article 30.
(1) In the case of carriage to be performed by various successive carriers and
falling within the definition set out in the third paragraph of Article 1, each carrier
who accepts passengers, luggage or goods is subjected to the rules set out in this
Convention, and is deemed to be one of the contracting parties to the contract of
carriage in so far as the contract deals with that part of the carriage which is
performed under his supervision.
(2) In the case of carriage of this nature, the passenger or his representative
can take action only against the carrier who performed the carriage during which
the accident or the delay occurred, save in the case where, by express agreement,
the first carrier has assumed liability for the whole journey.
(3) As regards luggage or goods, the passenger or consignor will have a right
of action against the first carrier, and the passenger or consignee who is entitled
to delivery will have a right of action against the last carrier, and further, each
may take action against the carrier who performed the carriage during which the
destruction, loss, damage or delay took place. These carriers will be jointly and
severally liable to the passenger or to the consignor or consignee.

CHAPTER IV.

PROVISIONS RELATING TO COMBINED CARRIAGE.

Article 31.
(1) In the case of combilnd carriage performed partly by air and partly by
any other mode of carriage, the provisions of this Convention apply only to the
carriage by air, provided that the carriage by air falls within the terms of Article 1.
(2) Nothing in this Convention shall prevent the parties in the case of
combined carriage from inserting in the document of air carriage conditions
relating to other modes of carriage, provided that the provisions of this Convention
are observed as regards the carriage by air.

CHAPTER V.

GENERAL AND FINAL PROVISIONS.

Article 32.
Any clause contained in the contract and all special agreements entered into
before the damage occurred by which the parties purport to infringe the rules laid
down by this Convention, whether by deciding the law to be applied, or by altering
the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage
of goods arbitration clauses are allowed, subject to this Convention, if the
arbitration is to take place within one of the jurisdictions referred to in the first
paragraph of Article 28.








Article 33.
Nothing contained in this Convention shall prevent the carrier either from
refusing to enter into any contract of carriage, or from making regulations which
do not conflict with the provisions of this Convention.

Article 34.
This Convention does not apply to international carriage by air performed by
way of experimental trial by air navigation undertakings with the view to the
establishment of a regular line of navigation, nor does it apply to carriage
performed in extraordinary circumstances outside the normal scope of an air
carrier's business.

Article 35.
The expression days when used in this Convention means current days not
working days.

Article 36.
The Convention is drawn up in French in a single copy which shall remain
deposited in the archives of the Ministry for Foreign Affairs of Poland and of which
one duly certified copy shall be sent by the Polish Government to the Government
of each of the High Contracting Parties.

Article 37.
(1) This Convention shall be ratified. The instruments of ratification shall
be deposited in the archives of the Ministry for Foreign Affairs of Poland, which
will notify the deposit to the Government of each of the High Contracting Parties.
(2) As soon as this Convention shall have been ratified by five of the High
Contracting Parties it shall come into force as between them on the ninetieth day
after the deposit of the fifth ratification. Thereafter it shall come into force
between the High Contracting Parties who shall have ratified and the High
Contracting Party who deposits his instrument of ratification on the ninetieth day
after the deposit.
(3) It shall be the duty of the Government of the Republic of Poland to notify
to the Government of each of the High Contracting Parties the date on which this
Convention comes into force as well as the date of the deposit of each ratification.

Article 38.
(1) This Convention shall, after it has come into force, remain open for
accession by any State.
(2) The accession shall be effected by a notification addressed to the
Government of the Republic of Poland, which will inform the Government of each
of the High Contracting Parties thereof.
(3) The accession shall take effect as from the ninetieth day after the
notification made to the Government of the Republic of Poland.

Article 39.
(1) Any one of the High Contracting Parties may denounce this Convention
by a notification addressed to the Government of the Republic of Poland, which
will at once inform the Government of each of the High Contracting Parties.







(2) Denunciation shall take effect six months after the notification of
denunciation, and shall operate only as regards the Party who shall have proceeded
to denunciation.

Article 40.
(1) Any High Contracting Party may, at the time of signature or of deposit of
ratification or of accession declare that the acceptance which he gives to this
Convention does not apply to all or any of his colonies, protectorates, territories
under mandate, or any other territory subject to his sovereignty or his authority,
or any territory under his suzerainty.
(2) Accordingly any High Contracting Party may subsequently accede
separately in the name of all or any of his colonies, protectorates, territories under
mandate or any other territory subject to his sovereignty or to his authority or any
territory under his suzerainty which has been thus excluded by his original
declaration.
(3) Any High Contracting Party may denounce this Convention, in accordance
with its provisions, separately or for all or any of his colonies, protectorates,
territories under mandate or any other territory subject to his sovereignty or to his
authority, or any other territory under his suzerainty.

Article 41.
Any High Contracting Party shall be entitled not earlier than two years after
the coming into force of this Convention to call for the assembling of a new
international Conference in order to consider any improvements which may be
made in this Convention. To this end he will communicate with the Government
of the French Republic which will take the necessary measures to make
preparations for such Conference.
This Convention done at Warsaw on the 12th October, 1929, shall remain open
for signature until the 31st January, 1930.
[Here follow the signatures on behalf of the following countries :-Germany,
Austria, Belgium, Brazil, Denmark, Spain, France, Great Britain and Northern
Ireland, the Commonwealth of Australia, the Union of South Africa, Greece, Italy,
Japan, Latvia, Luxembourg, Norway, the Netherlands, Poland, Roumania,
Switzerland, Czecho-Slovakia, the Union of Soviet Socialist Republics, and
Yugoslavia.]

ADDITIONAL PROTOCOL.
(With reference to Article 2).
The High Contracting Parties reserve to themselves the right to declare at the
time of ratification or of accession that the first paragraph of Article 2 of this
Convention shall not apply to international carriage by air performed directly by
the State. its colonies, protectorates or mandated territories or by any other
territory under its sovereignty, suzerainty or authority.
[This additional Protocol was signed on behalf of the same countries as those
above mentioned.]
SECOND ANNEX.
PROVISIONS AS TO LIABILITY OF CARRIER IN THE EVENT OF THE DEATH OF A PASSENGER.
1. The liability shall be enforceable for the benefit of such of the members of
the passenger's family as sustained damage by reason of his death.








In this paragraph the expression "member of a family" means wife or
husband, parent, step-parent, grandparent, brother, sister, half-brother, half-sister,
child, step-child, grandchild.
Provided that, in deducing any such relationship as aforesaid, any illegitimate
person and any adopted person shall be treated as being, or as having been, the
legitimate child of his mother and reputed father or, as the case may be, of his
adopters.
2. An action to enforce the liability may be brought by the personal
representative of the passenger or by any person for whose benefit the liability is
under the last preceding paragraph enforceable, but only one action shall be
brought in the Colony in respect of'the death of any one passenger, and every such
action by whomsoever brought shall be for the benefit of all such persons so
entitled as aforesaid as either are domiciled in the Colony or, not being domiciled
there, express a desire to take the benefit of the action.
3. Subject to the provisions of the next succeeding paragraph, the amount
recovered in any such action, after deducting any costs not recovered from the
defendant, shall be devided between the persons entitled in such proportions as
the Court (or, where the action is tried with a jury, the jury) direct.
4. The Court before which any such action is brought may at any stage of the
proceedings make any such order as appears to the Court to be just and equitable
in view of the provisions of the First Annex to this Schedule limiting the liability
of a carrier and of any proceedings which have been, or are likely to 1e,
commenced outside the Colony in respect of the death of the passenger in question.


SECOND SCHEDULE.
Aden (Colony and Protectorate).
Bahamas.
Barbados.
Basutoland.
Bechuanaland Protectorate.
Bermuda.
British Guiana.
British Honduras.
British Solomon .Islands Protectorate.
Cyprus.
Falkland Islands and Dependencies.
Fiji.
Gambia (Colony and Protectorate).
Gibraltar.
Gilbert and Ellice Islands Colony.
Gold Coast-
(a) Colony.
(b) Ashanti.
(c) Northern Territories.
(d) Togoland under United Kingdom trusteeship.
Hong Kong.
Jamaica (including Turks and Caicos Islands and the Cayman Islands).
Kenya (Colony and Protectorate).








Leeward Islands-
Antigua.
Montserrat.
St. Christopher,
Virgin Islands.
Malta.
Mauritius.
Nigeria-


Nevis and Anguilla.


(a) Colony.
(b) Protectorate.
(c) Cameroons under United Kingdom trusteeship.
North Borneo.
Northern Rhodesia.
Nyasaland Protectorate.
St. Helena and Ascension.
Sarawak.
Settlements of Penang and Malacca.
Seychelles.
Sierra Leone (Colony and Protectorate).
Singapore.
Somaliland Protectorate.
Swaziland.
Tanganyika.
Trinidad and Tobago.
Uganda Protectorate.
Windward Islands-
Dominica.
Grenada.
St. Lucia.
St. Vincent.
Zanzibar Protectorate.


EXPLANATORY NOTE.

(Thib Note is not part of the Order, but is intended to indicate its general purport.)
This Order is made under the Carriage by Air Act, 1932, the provisions of
which give effect to the Warsaw Convention. The Order extends certain rules of
the Convention relating to international carriage by air to the territories
mentioned in the Second Schedule to the Order. It replaces consolidates and
revokes the Carriage by Air (Colonies, Protectorates and Mandated Territo-les)
Order, 1934, and certain other related Orders made under the Act.










1
SAINT VINCENT.

STATUTORY RULES AND ORDERS,

1954, No. 1. "

THE AGRICULTURAL WORKERS (SUGAR AND
ARROWROOT) WAGES REGULATION ORDER.

(Gazetted 5th January, 1954).

1. Short Title. This Order may be cited as the Agricultural Workers
(Sugar and Arrowroot) Wages Regulation Order, 1954.

2. Remuneration. The Statutory minimum remuneration payable to
persons employed in the Sugar and Arrowroot industries shall be in accordance
with the provisions contained in the Schedule to this Order.

3. Commencement. This Order shall come into force on the 11th day
of January, 1954.

Made by the Governor under Section 10 (4) of the Wages Council Ordinance,
1953 (No. 1 of 1953) this 4th day of January, 1954.

W. F. COUTTS,
Administrator.

SCHEDULE.

WAGE RATES.
1. Th, minimum rate of remuneration payable to all daily-paid workers
employed in the fields of the sugar and arrowroot industries shall be as follows:
Male Female
98 per day 750 per day

HoURs OF WORK.
2. A day shall be considered to mean a period not exceeding eight hours.

PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
IKINGSTOWN, ST. VINCENT.
[ Price 4 cents. ]
1954.








SAINT VINCENT.

STATUTORY RULES AND ORI)E',

1954, No. 2. "

INDUSTRIAL WORKERS WAGES REGULATION OR R.

(Gazetted 5th January, 1954)

1. Short Titie. This Order may be cited as the Industrial Workers VWag',s
Regulation Order, 1054.

2. Remuneration and Holidays. The Statutory minimum remuneration
payable to persons employed in industrial undertakings as well as holidays to be
allowed shall be in accordance with the provisions contained in the Schedule to
this Order.

3. Commencement. This Order shall come into force on the 11th day
of January, 1954.

Made by the Governor under Section 10 (4) of the Wages Council Ordinance,
1953 (No. 1 of 1953) this 4th day of January, 1954.

W. F. COUTTS,
Administrator.

SCHEDULE.

WAGE RATES.
1. The minimum rate of remuneration payable to all daily-paid workers
employed in industrial undertakings in all areas of the Colony shall be as follows
Male Female
$1.20 per day 960 per day

HOURS OF WORK.
2. A day shall be considered to mean a period not exceeding eight hours.

OVERTIME.
3. (a) Whenever an industrial worker employed on time-work works, with
the consent of his employer, for more than eight hours, he shall be paid therefore
(except as is hereinafter provided) for every hour or part thereof a sum of not less
S than) *e and a quarter of the normal rate of pay.








4

(b) Whenever an industrial worker employed on time-work on- Sunday,
Christmas Day, Good Friday or the first Monday in August, he shall be paid
therefore for every hour or part thereof a sum of not less than time and a half of
the normal rate of pay.

HOLIDAYS WITH PAY.
4. Every industrial worker shall be entitled to one week's (i.e. 7 wor:-ing days)
holiday with full pay after the completion of 200 cdys work in any one y'ar.

SICK LEAVE.
5. Every industrial worker shall be entitled to one week's (i.e. 7 working days)
sick leave with full pay after the completion of 200 days work in any one year, on
production of a medical certificate.


PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
KINCSTOWN, ST. VINCENT.
-- ;: Price-8 cents. 1
1954.




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