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Group Title: Official gazette, St. Christopher, Nevis, and Anguilla
Title: Official gazette
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Permanent Link: http://ufdc.ufl.edu/UF00082876/00119
 Material Information
Title: Official gazette
Series Title: Official gazette
Physical Description: v. : ; 33 cm.
Language: English
Creator: Saint Kitts-Nevis-Anguilla
Publisher: The Authority
Place of Publication: Basseterre
Publication Date: March 19, 1959
Frequency: completely irregular
 Subjects
Subject: Politics and government -- Saint Kitts and Nevis   ( lcsh )
Politics and government -- Anguilla   ( lcsh )
Genre: periodical   ( marcgt )
Spatial Coverage: Saint Kitts-Nevis
Anguilla
 Notes
Statement of Responsibility: published by Authority.
Dates or Sequential Designation: -v. 76, no. 4 (15th Jan. 1981).
Numbering Peculiarities: Includes extraordinary issues.
General Note: Masthead title: St. Christopher Nevis and Anguilla. Official gazette.
 Record Information
Bibliographic ID: UF00082876
Volume ID: VID00119
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 - 08247893
 Related Items
Preceded by: Official gazette
Succeeded by: Official gazette

Table of Contents
    Main
        Page 8
        Page 9
    Statutory Rules and Orders 1958, no. 39: Sugar Export Cess (Amendment) Regulations, 1958
        A-1
        A-2
    Ordinance no. 31 of 1958: Land Acquisition Ordinance, 1958
        B-1
        B-2
        B-3
        B-4
        B-5
        B-6
        B-7
        B-8
        B-9
        B-10
        B-11
        B-12
        B-13
        B-14
        B-15
        B-16
        B-17
        B-18
        B-19
        B-20
        B-21
        B-22
        B-23
        B-24
        B-25
Full Text






ST. CHRISTOPHER NEVIS AND

OFFICIAL GAZETTE


VOL. LIV. THURSDAY, MARCH 19TH, 1959. No. 20.


Miss Cassandra Parris, Charge
Nurse, Alexandra Hospital ap-
pointed Ward Sister, Alexandra
Hospital with effect from 1st
January, 1959.
13th March, 1959.

The undermentioned Statutory
Rules and Orders are circulated
with this issue of the Gazette and
form part thereof:-
No. 39 of 1958. The Sugar
Export Cess (Amendment) Regu-
lations, 1958.


ment transferred Senior
Audit Department with
from 1st January, 1959.


Clerk,
effect


13th March, 1959.
Mr. C. A. Halbert Junior Clerk,
Customs Department appointed
Senior Clerk, Customs Department
with effect from 1st January,
1959.

13th March, 1959.


Cotton Close
ST.


Season 1959
KITTS


13th March, 1959.


The undermentioned Ordinance
is circulated with this issue of the
Gazette and forms part thereof :-
No. 31 of 1958. The Land
Acquisition Ordinance, 1958.
13th March, 1959.

Mr. Henry Archibald, Officer
Class XII, Mental Wards appoint-
ed and transferred Officer Class X,
Cunningham Hospital with effect
from 16th February, 1959.
13th March, 1959.

Mr. J. O'Loughlin, Senior Clerk,
Accountant General's Depart-


The Close Season for Cotton in
St. Kitts is from May 1st, 1959 to
August 15th, 1959 inclusive.
All Cottbn and Okra plants
must be completely destroyed by
burning before May 1st and all
cotton fields thoroughly cleaned
of fallen bolls, which must also be
burned.
All seed cotton must be dis-
posed of or delivered to the cotton
Ginneries before April 30th, as it
is illegal for growers to hold seed
cotton during the Close Season.
No Cotton or Okra may be
planted during the period of May
1st to August 15th.
Sgd S. H. ABBOTT,
Agricultural Superintendent.
14th March, 1959.


X
?A-8 9aq7/
S S






OFFICIAL GAZETTE, THURSDAY, MARCH 19th, 1959.


Applications are invited for ap-
pointment to two vacant posts of
Assistant Mistress (Graduate),
Girls' High School, St. Vincent.


SALARY:











QUALIFI-
CATIONS:


The school is a Gov-
ernment Institution.
The salary of the
posts which are pen-
sionable is in the
scale $2016 x $96 -
$2880 x $120 -
$3600 (420 x 20 -
600 x 25 750)
plus a 20% pension-
able addition per
annum.

Applicants should
possess a Degree of
a University within
the British Common-
wealth, and must
be able to teach one
of the following sub-
jects : English, Ma-
thematics, or His-
tory to Higher
School Certificate
standard, or Com-
mercial Subjects to
School Certificate
level.


Further particulars regarding
the appointment may be obtained
from the Chief Secretary, Wind-
ward Islands, Grenada, to whom
applications giving full particulars,
qualifications and experience, and
accompanied by three testimonials
(which will not be returned) should
be addressed to reach him not
later than 31st March, 1959.


Lighting of Vehicles in the
Colony of St. Christopher,
Nevis and Anguilla.

By virtue of the power con-
ferred on me by Section 2 of The


Vehicles and Road Traffic Ordi-
nance No. 20 of 1949, I hereby
announce that, until further
notice, the period for the lighting
of vehicles shall be from 6.30 p.m.
to 5.30 a.m.


W. V. SAMUELS
Traffic Commissioner

16th March, 1959.



Mr. W. O. Edmead, Junior
Clerk, Post Office Department,
(Parcel Post Section) confirmed to
the pensionable establishment of
the Civil Service with effect from
11th March, 1959.

161h March, 1959.


The Administrator has appoint-
ed Mr. Edward Mills to be Pound
Keeper of the Public Pound at
Jessups Village, Nevis, with effect
from 1st April, 1959, in place of
Mr. Robert Hodge.

17th March 1959.


The Administrator has re-ap-
pointed the Registrar, Provost
Marshal and Additional Magis-
trate to be Chairman of the Rent
Commissioners for the Colony,
and H. C. Dinzey Esq., and S. M.
Carty Esq., as Members.

These appointments are for a
period of two years with effect
from 29th March, 1959.

17th March, 1959.


Printed for the Government of St. Cbristopher Nevis and Anguilla, by A. ,i. LOGADA, Ltd. Printers
by Authority "The St. Kitts Printery," Fort & Central Streets. Basaeterre, St. Kitts, W.I.




Publications Not Available

Supplements to
Saint Kitts-Nevis-Anguilla
official gazette
v.54 no.20


Statutory Rules and Orders
1958 no.39







No. 31 of 1958. The Land Acquisition i-nt Christop erc''
Ordinance, 1958. evis and AnguillaA
| 22 Uii959
LS I Assent, \
(LOS A. T. Q

llth December, 1958.


Saint Christopher Nevi and Anguilla.

No. 31 of 1958.

An Ordinance to authorise the acquisi-
tion of land for public purposes.

Commence- [ By Proclamation]
ment.
ENACTED by the Legislature of
the Colony of Saint Christopher Nevis and
Anguilla.
Short title. 1. This Ordinance may be cited as the
Land Acquisition Ordinance, 1958.

INTERPRETATION.

Interpreta- 2. In this Ordinance, unless the con-
tion. text otherwise requires, the following expres-
sions shall have the meanings hereby assigned
to them -
"authorised officer" means any per-
son who may from time to time
be appointed as such by the Gov-
ernor in Council for the purposes
of this Ordinance;

"person interested" means every
person claiming, or entitled to
claim, compensation under this
2 9 7/ Ordinance;


t 7







No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


Provided that a tenant by
the month or at will shall be
deemed not to be a person in-
terested for the purposes of this
Ordinance ;
"public purpose" means a purpose
determined to be a public purpose
in accordance with the provisions
of section 3 of this Ordinance.

ACQUISITION OF LAND AND
ABANDONMENT OF ACQUISITION.
Acquisition 3. (1) If the Governor in Council
of land. considers that any land should be acquired
for a public purpose he may, with the ap-
proval of the Legislative Council, cause a
declaration to that effect to be made by the
clerk of the Executive Council in the manner
provided by this section and the declaration
shall be conclusive evidence that the land to
which it relates is required for a public
purpose.

(2) Every declaration shall be pub-
lished in two ordinary issues of the Gazette
and copies thereof shall be posted on one of
the buildings (if any) on the land or exhibited
at suitable places in the locality in which the
land is situate, and in the declaration shall
be specified the following particulars relating
to the land which is to be acquired -
(a) the parish or district in which
the land is situate;
(b) a description of the land giving
the approximate area and such other
particulars as are necessary to identify
the land;
(c) in cases where a plan has been
prepared, the place where, and the time







No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Preliminary
notification
and power to
enter land.


when, a plan of the land can be inspect-
ed;

(d) the public purpose for which
the land is required.

(3) Upon the second publication of
the declaration in the Gazette as aforesaid
the land shall vest absolutely in the Crown,
and the authorised officer and his agents,
assistants and workmen may enter and take
possession of the land accordingly.

(4) Nothing in this section shall be
deemed to prevent the acquisition of lands
for public purposes by private treaty.

4. If it appears to the Governor in
Council that any land is likely to be required
for any purpose which, in the opinion of the
Governor in Council, is a public purpose and
it is necessary to make a preliminary survey
or other investigation of the land, he may
cause a notification to that effect to be pub-
lished in the Gazette and at the same time in
notices to be exhibited at suitable places in
the locality in which the land is situate, and
thereupon it shall be lawful for the author-
ised officer and his agents, assistants and
workmen, to do all or any of the following
things:-

(a) to enter upon and survey and
take levels of any land in any locality
to which the notification relates;

(b) to dig or bore into the sub-soil
of such land;

(c) to do all other acts necessary
to ascertain whether the land is adapted
to such purpose ;








No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


(d) to demarcate the land intended
to be taken, and the intended line of
work, if any, proposed to be done there-
on;

(e) to mark levels and lines by
placing marks and cutting trenches;

(f) where otherwise the survey
cannot be completed, the levels taken
or the boundaries or line of the work
demarcated, to cut down and clear away
any standing crop, fence, tree or bush ;

(g) to do all such other acts as
may be incidental to or necessary for
any of the purposes aforesaid :

Provided that -

(i) the authorised officer shall not
enter into any building, or into or
upon any enclosed yard, court or
garden attached to a dwelling
house, except at reasonable hours,
and except with the consent of
the occupier thereof, without
previously giving to such occupier
at least seven days' notice in
writing of his intention to do so;

(ii) compensation shall be assessed
and paid to the persons interested
in the land so entered for any
actual damage or injury resulting
to them by reason of the exercise
of the powers conferred by this
section-

(a) in so far as it relates to land
the acquisition of which is subsequently
deemed to be abandoned under section








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Power to
apply land to
purposes of
acquisition
without wait-
ing for formal
vesting.


Authorised
officer to
treat with
landowner.


9 or abandoned under section 10 of this
Ordinance, as though it were compensa-
tion payable under this Ordinance for
the acquisition of the land;
(b) in so far as it relates to land
the compulsory acquisition of which is
subsequently completed under section
3 of this Ordinance, as though it were
part of the compensation for the acqui-
sition of the land.

5. If, at any time after the publication
of a notification in accordance with the pro-
visions of section 4 of this Ordinance, it
appears to the Governor in Council that the
land or some parcel of the land to which it
refers should be acquired but that for any
reason it is not possible to make an imme-
diate declaration to that effect, it shall be
lawful for the Governor to direct the autho-
rised officer to do any work on the land or
parcel thereof connected with the use to
which the land is intended to be put on its
acquisition, and thereupon the authorised
officer may proceed with the execution of
the work:
Provided that compensation shall be
paid to the persons interested for any actual
damage or injury resulting to them by reason
of the exercise of the powers conferred by
this section and shall be determined in the
same way as compensation for actual damage
or injury resulting from the exercise of the
powers conferred by section 4 of this Ordi-
nance.


6. (1) As soon as any declaration has
been published in accordance with the pro-
visions of section 3 of this Ordinance, the
authorised officer shall, without delay, enter
into negotiations (or further negotiations) for








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Demarcation
of land and
issue of notice
of acquisition.


the purchase of the land to which the dec-
laration relates upon reasonable terms and
conditions, and by voluntary agreement with
the owner of the land.

(2) It shall not be necessary for the
authorised officer to await the publication of
the declaration before he endeavours to ascer-
tain from the owner the terms and conditions
on which he is willing to sell his land, but
no negotiations or agreement shall be deemed
to be concluded unless and until the condi-
tions of sale and acquisition have been ap-
proved in writing by the Governor.

7. (1) As soon as may be after any
land has been acquired compulsorily, the
authorised officer shall, if the land has not
been demarcated or if it cannot be identified
by reference to any plan, cause the same to
be demarcated, and he shall also issue a
notice of acquisition in accordance with the
provisions of this section.

(2) Every notice of acquisition under
this section shall -

(a) state the decision of the Gov-
ernor in Council to acquire and take
possession of the land compulsorily;

(b) contain the particulars which,
in relation to the land, were included in
the declaration provided for by subsec-
tion (2) of section 3 of this Ordinance;
and

(c) require all persons interested,
as soon as is reasonably practicable,
either --

(i) to appear personally or by attor-
ney or agent before the authorised







No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


officer to state the nature of their
respective interests in the land
and the amounts and full particu-
lars of their claims to compensa-
tion in respect of those interests,
distinguishing the amounts under
separate heads and showing how
the amount claimed under each
head is calculated; or

(ii) to render to the authorised officer
a statement in writing, signed by
them or by their attorneys or
agents, setting forth the like
matters.

(3) The authorised officer shall cause
a copy of the notice of acquisition to be
served, either personally on, or by post ad-
dressed to the last known place of abode or
business of, every person who is known or
believed by the authorised officer to be enti-
tled to compensation in respect of the acqui-
sition, and whose whereabouts are known to
the authorised officer:

Provided that where the whereabouts of
any such person are not known, the author-
ised officer shall cause copies of such notice
to be posted on one of the buildings (if any)
on the land or exhibited at suitable places in
the locality in which the land is situate.

(4) Any person who, without lawful
authority or excuse, removes or destroys any
landmark placed, or removes or defaces or
destroys any notice posted or exhibited, by
the authorised officer in or upon the land or
any building thereon in accordance with the
provisions of this Ordinance, shall be liable,
on summary conviction, to a fine not exceed-
ing one hundred dollars or to imprisonment








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Authorised
officer may
require infor-
mation as to
interests in
land.


Claim of per-
son inter-
ested to have
land ac-
quired or
abandoned.


for a term not exceeding three months.

8. (1) The authorised officer may, by
notice served personally, or by post addressed
to the last known place of abode or business
of the person concerned, require the owner or
occupier of, or any person interested in, any
land, or in any part thereof, in respect of
which a declaration or a notification has
been published in the Gazette under section 3
Sor section 4 respectively of this Ordinance, to
deliver to him within a time to be specified
in the notice, being not less than twenty-one
days after service of the notice, a statement
in writing containing, so far as may be within
his own knowledge, the name of every person
possessing any interest in the land, or any
part thereof, whether as partner, mortgagee,
lessee, tenant or otherwise, and the nature of
such interest.

(2) Every person who is required to
make and deliver a statement under this
section and who, without reasonable excuse,
refuses to make or deliver such statement, or
wilfully makes any such statement which is
false or incomplete in any material particular,
shall be liable, on summary conviction, to a
fine not exceeding one hundred dollars or to
imprisonment for a term not exceeding three
months.


9. If, within three months after entry
have been made on any land under the pro-
visions of section 4 of this Ordinance, such
land shall not have been acquired or aban-
doned, any person interested in the land or
any part thereof may serve a notice on the
authorised officer requiring that the acqui-
sition of the land or part thereof be completed
or abandoned, and, if within one month
thereafter, the acquisition of such land or








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Abandon-
ment of ac-
quisition.


part thereof be not completed or abandoned
in accordance with the provisions of this
Ordinance, the acquisition of the land or part
thereof shall be deemed to have been aban-
doned.

10. (1) At any time before any land
has been acquired compulsorily the Governor
may, by notification published in the Gazette,
declare that the intended acquisition of
such land is abandoned.

(2) When the acquisition of any land
is abandoned in accordance with the provi-
sions of this section, or is deemed to have
been abandoned under section 9 of this
Ordinance, any compensation payable by
virtue of this Ordinance shall, in default of
agreement, be assessed as though it was com-
pensation payable under this Ordinance for
the acquisition of land.

(3) No compensation shall be payable
in any case for loss of bargain or for damages
for breach of contract.

APPOINTMENT AND POWERS OF
BOARD OF ASSESSMENT.

11. (1) All questions and claims relat-
ing to the payment of compensation under
this Ordinance and to the apportionment of
such compensation shall, save as is herein-
after provided, be submitted to a Board of
Assessment to be appointed in each case in
accordance with the provisions of section 12
of this Ordinance.

(2) A Board of Assessment shall have
full power to assess, award and apportion
compensation in such cases, in accordance
with the provisions of this Ordinance.


Determina-
tion of ques-
tions by
Board of
Assessment.








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Appointment
of Board of
Assessment.


Documents,
etc. to be
forwarded to
the Board.


12. (1) As soon as it becomes neces-
sary to do so the Governor shall cause a
Board of Assessment (hereinafter referred to
as "a Board" or "the Board") to be appoint-
ed.

(2) A Board for the purposes of this
Ordinance shall in every case be constituted
of-

(a) a Judge of the Supreme Court,
who shall be the Chairman of the Board
(hereinafter referred to as "the Chair-
man") ;

(b) a member to be appointed by
the Governor;

(c) a member to be nominated by
the owner of the land to be acquired :

Provided that where in any case the
Governor is satisfied that the owner of the
land has refused to exercise his right to
nominate a member of the Board, or has
unreasonably delayed such nomination, or
where the persons interested in the land have
failed to agree upon such nomination, the
Governor, by order in writing, may direct
the Chairman to proceed with the inquiry
notwithstanding that there has been no such
nomination by the owner, and in every such
case the Board shall be deemed to be lawfully
constituted without the presence of such
member, and, if there is any difference of
opinion as to the amount of compensation
that should be awarded, the decision of the
Chairman shall be deemed to be the decision
of the Board.
13. (1) Upon the appointment of a
Board, or where proceedings are taken before
a Magistrate for the determination of any







No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


question relating to the payment of compen-
sation, the authorised officer shall forward
to the Chairman, or to the Magistrate, as the
case may be, those of the following docu-
ments and particulars which relate to the
acquisition or the intended acquisition of the
land, as the case may be -

(a) a copy of any notification and
declaration which has been published in
the Gazette;

(b) a copy of the notice of acquisi-
tion ;

(c) a copy of any notice issued or
received by him;

(d) a copy of all statements re-
ceived by him in compliance with any
notice issued by him;

(e) the names and addresses of the
persons whom the authorised officer has
reason to believe are interested in the
land ; and

(f) a copy of the report required
by this section.

(2) The report to be sent to the
Board shall state the opinion of the author-
ised officer, and his reasons for such opinion,
upon each of the following matters -

(a) what is a fair and proper des-
cription of the land acquired, including
particulars of any building, trees or
standing crops thereon;

(b) the approximate acreage of the
land;







No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


(c) the value of the land for the
purposes of compensation under this
Ordinance;

(d) the amount of provisional com-
pensation which should be paid for the
land, including any damage payable in
respect of entry into possession;

(e) the apportionment of the pro-
visional compensation among the per-
sons interested in the land, in respect of
their interests.

(3) The authorised officer, in assess-
ing the amount of any compensation for the
purpose of a report under this section, shall
have regard to the rules prescribed by this
Ordinance which may and may not be taken
into consideration in assessing compensation.

Inquiry by 14. Where a Board has been appointed
Board. under this Ordinance, the Board shall hold
an inquiry at a place, date and time to be
fixed by the Chairman, of which not less than
fourteen clear days notice shall be given to
the parties concerned, and every such inquiry
shall be conducted in public.

Procedure at 15. The procedure at an inquiry before
inquiry. a Board, the summoning and remuneration
of witnesses for attendance threat, and all
questions incidental to the inquiry shall be
governed by the provisions of the laws for
the time being in force relating to civil pro-
ceedings in the Supreme Court:

Provided that in the case of any doubt
arising on any question of practice and pro-
cedure the same may be settled by the Chair-
man.








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher ,
Nevis and Anguilla.


Power of en-
try for pur-
pose of
inquiry.


Award of
Board.



























Procedure
where claim
for compen-
sation does
not exceed
certain
amounts.


16. The Board, or any person author-
ised by them, may at any time before, during
or after an inquiry under this Ordinance,
enter upon and inspect any land for any
purpose connected with such inquiry.

17. (1) At the conclusion of the in-
quiry the Board shall decide upon the claims
for compensation and apportionments sub-
mitted to them and shall make an award
under the land of the Chairman who shall
cause the same to be filed in the Supreme
Court.

(2) The decision of the majority of
the members of the Board with respect to
the compensation to be paid shall be deemed
to be the decision of the Board, and, if all
the members of the Board differ, the mean
between the amount decided upon by the
Chairman and that one of the amounts de-
cided upon by the two other members of the
Board which approximates most nearly to
the amount decided upon by the Chairman
shall be deemed to be the compensation
awarded by the Board.

(3) An appeal shall lie against a
decision of the Board to the Court of Appeal
for the Windward Islands and Leeward
Islands.

DETERMINATION OF SMALL CLAIMS
FOR COMPENSATION.

18. (1) Anything in any law to the
contrary notwithstanding, in any case in
which the compensation claimed does not
exceed two hundred and forty dollars, and
in any case in which the compensation
claimed does not exceed four hundred and
eighty dollars and, in the latter case, the








No. 31 of 1958. The Land Acquisition Saint Christopher'
Ordinance, 1958. Nevis and Anguilla.


parties agree in writing to the settlement of
the claim by a Magistrate, the amount of the
compensation to be paid in any such case
shall be determined by a Magistrate.

(2) It shall be lawful for any Magis-
trate, upon the application of either party
with respect to any question of disputed
compensation in either of the cases mentioned
in subsection (1) of this section, to summon
the other party to appear before him at a
time and place to be named in such summons
and to hear and determine such question of
disputed compensation.

(3) For the purposes of any proceed-
ing under this section -

(a) the procedure to be followed
threat, the summoning and remunera-
tion of witnesses and all questions inci-
dental to such proceeding shall be gov-
erned by any law for the time being in
force relating to the recovery of claims
under two hundred and forty dollars
before a Judge of the Supreme Court and
all the provisions of any such law shall
apply mutatis mutandis to any such
proceeding; and

(b) the provisions of sections 16,
19, 20, 21, 22 and 25 of this Ordinance
shall apply with such verbal alteration
(not affecting the substance) as may be
necessary to make the same applicable.

(4) An appeal shall lie against the
determination by a Magistrate of any ques-
tion of disputed compensation under this
section in like manner as if such determina-
tion:was given in the exercise of the summary
jurisdiction of a Magistrate in a civil matter







No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


under the provisions of the Magistrate's Code
Cap. 61. of Procedure Act, and for the purposes of
such appeal the determination of the Magis-
trate under this section, shall be deemed to be
a. decision of the Magistrate within the mean-
ing of section 172 of the said Act.

PROVISIONS GOVERNING ASSESS-
MENT OF COMPENSATION, ETC.

Rules for 19. Subject to the provisions of this
assessment of Ordinance, the following rules shall apply to
compensa- the assessment and award of compensation
by a Board for the compulsory acquisition of
land --
(a) the value of the land shall, sub-
ject as hereinafter provided, be taken to
be the amount which the land, if sold in
the open market by a willing seller,
might have been expected to have real-
ised at a date twelve months prior to
the date of the second publication in the
Gazette of the declaration under section
3 of this Ordinance:
Provided that this rule shall not
affect the assessment of compensation
for any damage sustained by the person
interested by reason of severance, or by
reason of the acquisition injuriously
affecting his other property or his earn-
ings, or for disturbance, or any other
matter not directly based on the value
of the land;

(b) the special suitability or adapt-
ability of the land for any purpose shall
not be taken into account if that purpose
is a purpose to which the land could be
applied only in pursuance of statutory
powers, or for which there is no market
apart from the special needs of a parti-







No., 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


cular purchaser or the requirements of
any Government department;

(c) where the value of the land is
increased by reason of these thereof or
of any premises thereon in a manner
which could be restrained by any court,
or is contrary to law, or is detrimental
to the health of the inmates of the prem-
ises or to public health, the amount of
that increase shall not be taken into
account;

(d) where land is, and but for the
compulsory acquisition would continue
to be, devoted to a purpose of such a
nature that there is no general demand
or market for land for that purpose, the
compensation may, if the Board is satis-
fied that reinstatement in some other
place is bona fide intended, be assessed
on the basis of the reasonable cost of
equivalent reinstatement;

(e) no allowance shall be made on
account of:-

(i) the acquisition being compulsory
or the degree of urgency or neces-
sity which has led to the acquisi-
tion ;

(ii) any disinclination of the person
interested to part with the land
acquired;
(iii) any damage sustained by the per-
son interested which, if caused by
a private person, would not render
such person liable to an action;
(iv) any damage, not being in the
nature of deprivation of or inter-







No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


ference with an easement, servi-
tude or legal right, which, after
the time of awarding compensa-
tion, is likely to be caused by or
in consequence of the use to
which the land acquired will
be put :

Provided that nothing therein
shall prejudice any claim under
this Ordinance for damage subse-
quently sustained in consequence
of the use to which the land ac-
quired is put;
(v) any increase to the value of the
land acquired likely to accrue
from the use to which the land
acquired will be put;

(vi) any outlay or improvement of
such land which has been made,
commenced or effected within
twelve months before the publica-
tion of the declaration under sec-
tion 3 of this Ordinance, with the
intention of enhancing the com-
pensation to be awarded therefore
in the event of such land being
acquired for public purposes.

20. As to severance, compensation may
be assessed on the footing that any specified
works, crossings, or access agreed to on
behalf of the Governor shall be erected, pro-
vided, and allowed, and any such agreement
shall be reduced into writing and be signed
by the Chairman and shall be valid and
effectual and binding on the parties.

21. The Board, in awarding compensa-
tion, may add thereto interest at the rate of
four per centum per annum, calculated from


Special rule
as to sever-
ance.






Interest.







No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


the date upon which the authorised officer
entered into possession of the land acquired
until the date of the payment of the compen-
sation awarded by the Board.
Rules as to 22. (1) The authorised officer shall pay
costs. to the claimant the reasonable costs incurred
by him in or about the preparation and sub-
mission of his claim, unless the Chairman con-
siders that the claimant has failed to put
forward a proper claim within a reasonable
time after the service of the notice under
section 7 of this Ordinance or that the claim
put forward is grossly excessive or that he
has been a party to some deceit or fraud in
respect of his claim.

(2) Subject to the provisions of sub-
section (1) of this section, where an uncondi-
tional offer in writing of any amount as
compensation has been made to any claimant
by or on behalf of the authorized officer and
the sum awarded as compensation does not
exceed the amount offered, the Chairman
shall, unless for special reasons he thinks it
proper not to do so, order the claimant to
bear his own costs and to pay the costs of
the authorised officer so far as the costs of
the authorised officer were incurred after the
offer was made; and, where the claimant has
failed to put forward a proper claim in suffi-
cient time to enable the authorised officer to
make a proper offer, the foregoing provisions
of this section shall apply as if an uncondi-
tional offer had been made by or on behalf of
the authorised officer at the time when, in
the opinion of the Board, a proper claim
should have been put forward and the claim-
ant has been awarded a sum not exceeding
the amount of such offer.
(3) Subject to the provisions of sub-
section (1) of this section, where a claimant







No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


has made an unconditional offer in writing to
accept any amount as compensation and has
put forward a proper claim in sufficient time
to enable the authorised officer to make a
proper offer, and the sum awarded is equal to
or exceeds that amount, the Chairman shall,
unless for special reasons he thinks it proper
not to do so, order the authorised officer to
bear his own costs and to pay the costs of
the claimant so far as the cost of the claim-
ant were incurred after the offer was made.

(4) Subject to the preceding provi-
sions of this section, the costs shall be in the
discretion of the Chairman who may direct
to and by whom and in what manner those
costs or any part thereof shall be paid, and
he may in any case direct such costs to be
taxed by the Registrar of the Supreme
Court.

(5) The mode of enforcing any order
as to costs shall be in the manner prescribed
by the practice of the Supreme Court.

(6) Where the Chairman orders the
claimant to pay the costs or any part of the
costs of the authorised officer, the authorised
officer may deduct the amount so payable by
the claimant from the amount of any com-
pensation which may be payable to him.

MISCELLANEOUS.

Absentee 23. (1) Where there is no person com-
owners. petent to alienate land or to receive or to
give a sufficient discharge for any compensa-
tion awarded or where any person interested
in land, by reason of his absence from the
Colony and of his not being represented
therein by a duly authorised attorney, does
not submit a statement to or appear before








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


the authorised officer as required by section
7 of this Ordinance, and where such person,
after diligent inquiry, cannot be found, the
authorised officer may pay the compensation
into the Supreme Court to the credit of the
person entitled thereto.

(2) Any compensation paid into the
Supreme Court by virtue of this section may,
on the subsequent application of any person
claiming to be entitled thereto, be paid out
to such person on the order of a Judge of
the Court.

(3) All moneys paid into the Supreme
Court under the provisions of this section
which remain unclaimed for twelve years
after such payment shall be transferred and
paid in to the general revenue of the Colony,
and all claims thereto shall be forever barred.

24. A person interested in any land
which, without any portion thereof being
compulsorily acquired, has been injuriously
affected by the erection or construction on
land compulsorily acquired of any works in
respect of which the land was acquired, shall
be entitled to compensation in respect ol
such injurious affection:

Provided that compensation shall not be
payable under this section in respect of any
injurious affection which, if caused by a
private person, would not render such person
liable to an action.

25. (1) If any land shall be comprised
in a lease for a term of years unexpired and
part only of such land shall be acquired com-
pulsorily, the rent payable in respect of the
land comprised in such lease may, on the
application of the lessor or the lessee to a


Compensa-
tion to per-
sons inter-
esuLC in ad-
jacent land.


Special pro-
visions as to
leases.








No. 31 of 1958. The Land Acquisition Saint Christopher
Ordinance, 1958. Nevis and Anguilla.


Judge of the Supreme Court, be apportioned
between the land acquired and the residue of
the land.

(2) After such apportionment the
lessee shall, as to all future accruing rent, be
liable to pay only so much of the rent as
shall be so apportioned in respect of the resi-
due of the land, and as to the residue of the
land, and as against the lessee, the lessor
shall have all the same rights and remedies
for the recovery of such portion of the rent
as previously to such apportionment he had
for the recovery of the whole rent reserved
by such lease, and all the covenants, condi-
tions, and agreements of such lease, except
as to the amount of rent to be paid, shall
remain in force with regard to the residue of
the land in the same manner as they would
have done in case the residue of the land
only had been included in the lease.

(3) Where it is shown that the com-
pulsory acquisition of a portion of land
comprised in a lease has rendered the residue
unsuitable for the purpose for which the land
was leased or where in the circumstances the
said Court considers it just so to do the
Court may rescind the lease altogether, and
in such case the lessee shall only be liable to
pay the rent due at the date of the occurrence
of the circumstances on which the rescission
order is based.

(4) Where as the result of such re-
scission of lease the lessor or lessee suffers any
loss or injury he shall be entitled to compen-
sation as hereinbefore provided in this
Ordinance.








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Persons in
possession to
be deemed
owners.








Fees and ex-
penses of
Board.


Conveyanc-
ing, etc. costs
to be paid by
authorised
officer.








Payment of
compensa-
tion, etc.


26. Where any question arises touching
the title of any person to any land which
may be entered upon or acquired for the
purposes of this Ordinance, or touching any
estate or interest therein, the person having
the ostensible possession or enjoyment of the
rents and profits of such land shall, for the
purposes of this Ordinance, be deemed to be
the owner of the same until the contrary is
proved.

27. (1) Every assessor shall receive for
his services such fee as the Governor, on the
recommendation of the Chairman, may
direct.

(2) The Governor may also authorise
the reimbursement of the travelling and sub-
sistence expenses incurred by the Chairman
and members of a Board appointed under
this Ordinance.

28. All reasonable costs, charges, and
expenses incurred by the owners of the land
or persons interested therein for all convey-
ances, assurances, transfers and transmissions
of any lands purchased or acquired, and of
any outstanding terms or interests therein,
and of deducing, evidencing and producing
title to such lands, terms or interests, and of
making out such abstracts and attested copies
as the authorised officer may require, shall be
paid by the authorised officer.

29. All amounts which have been
awarded by way of compensation under this
Ordinance, including interest and costs to be
paid by the authorised officer, and all other
costs, charges and expenses which shall be
incurred under the authority of this Ordi-
nance, shall be paid out of the Treasury on
the warrant of the Governor.







No. 31 of 1958.


The Land Acquisilion
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Exemption
from stamp
duty and fees.





Limitation of
time for mak-
ing claims.












Assaulting or
obstructing
officer.


30. Anything in any law to the con-
trary notwithstanding, no instrument or
document relating to anything lawfully done
under, or for the purposes of this Ordinance,
shall be chargeable with any stamp duty,
registration or recording fee.

31. Except with the approval of the
Governor in Council in any case in which he
considers that injustice may otherwise be
done, no claim for compensation which may
be made under the provisions of this Ordi-
nance shall be admitted or entertained unless
the same shall be made within twelve months
after the date on which entry has been made
on the land under section 4 of this Ordinance
or, if a declaration has been made under
section 3 of this Ordinance, within a similar
period after the date of the second publica-
tion of such declaration.

32. If any person -

(a) assaults or obstructs or aids
and abets any person in assaulting or
obstructing the authorised officer or any
of his agents, assistants, or workmen in
the execution of his or their duty under
this Ordinance; or


(b) opposes or impedes the lawful
occupation or taking of possession of
any land under the provisions of this
Ordinance,

he shall be liable, on summary conviction, to
a fine not exceeding two hundred and forty
dollars or to imprisonment with or without
hard labour for a term not exceeding three
months.








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Repeal Cap. 33. The Acquisition of Land Act, the
91, 14/1939, Acquisition of Land (Amendment) Act, 1939,
8/1941, the Acquisition of Land (Amendment) Act,
11/1944,
3/1953, 1941, the Land Acquisition Act, 1944, the
S. R. & O. Land Acquisition (Amendment) Act, 1953
1956, No 19. and the Amendments to the Land Acquisi-
tion Act, 1944 and to the Land Acquisition
(Amendment) Act, 1953 effected by the
Adaptation of Laws Regulations, 1956 are
hereby repealed.
Validation. 34. All rights, powers, acts and duties
exercised and undertaken in the Colony by
the Governor, the Governor in Council, the
Legislative Council, any Judicial Officer, any
Government Officer or any other person
whatever in exercise of the powers and au-
thorities purported to have been vested in
them by the Acts referred to in section 33
of this Ordinance, are hereby declared to
have been validly, properly and lawfully
done and are confirmed as from the time of
the exercise of such rights, powers, acts and
duties, and, the said Governor, the Governor
in Council, the Legislative Council, any Judi-
cial Officer, any Government Officer or any
other person whatever as aforesaid are hereby
freed, acquitted, discharged and indemnified
as well against the Queen's Most Gracious
Majesty Her Heirs and Successors as against
all and every person and persons whatever,
from all legal proceedings of any kind what-
ever, whether civil or criminal in respect of
or consequent on the exercise of any such
rights, powers, acts and duties as aforesaid.
Commence- 35. This Ordinance shall come into
ment. operation on a date to be appointed by the
Governor by proclamation published in the
Gazette.
H. A. C. HOWARD,
President.








No. 31 of 1958.


The Land Acquisition
Ordinance, 1958.


Saint Christopher
Nevis and Anguilla.


Passed the Legislative Council this 24th day of Nov-
ember, 1958.


VINCENT P. AUDAIN,
Acting Clerk of the Council.




































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