VI RGI ISLANDS GAZETTE.
Yub/ished 6by authority.
V OL. I. 'TH I URSD)AY, 201r; SEPTEMBER, 156. No. 13.
11. .,,1.1 5; No. 13.
ASSIGNMENT id under the Public Seal of the Vir4n Islands to the Adminitrator of the Co)1ony of the Virgin Islands of certain powers and authorities vested in the Governor of the Leeward Islands by t )e Leeward Islands
Letters Patent. 11 56.
K. WV. 3LA1KBTRNE.
By His Excellency Sir Kenneth William Blackburne, a Knight Commander of the Most Di-tinguished Order of Saint Michael and Saint George, an Officer of the Most Excellent Order of the British Empire, Governor and Commander in Chief of the Leeward Islands and Vice
Admiral of the same.
W HEREAR by Letters Patent passed undr the G4reat Seal of the l ealim P'reamble. constitutintg the Ofice of Governor ad C(ommander in (hif of the Leeward Islands, bearing date at Westmi,-Ister the twentieth day of J Unie, 1956, ter Majesty was pleased to declare Her Royal will and pleasure to be, amongst other things, in effect that the Administrator of each olony shall, during Her lajesty's pleasure, administer the Government of tliat Colony except when the Governor, being there present, otherwise directs and that for the purpose of so administering the 1',overmment thereof, to do within such Coloi so far as the same can be done therein, such things belonging to the Office of G(overnor, as the (;overnor may from time to time think fit to assign to such Administrator:
AND H.EREAS, it appears to me to be expedient that the Administrator of
the Colony of the Virgin Islands be empowered to exercise within the said Colony, so far as the same are exercise ble therein, the undermentioned powers and authorities, vested in the Governor by the said Letters Patent.
NOWV, THEREFO0 E, I do hereby assign to the Administrator for the time Assignment being of' the Colony of the \iri-in Islands the following powers and authorities, so far as '"r the same are exercisable therein, unless the Governor being present in the said Colony, otherwise directs, that is to say:1. The power of requiring any person in the public service to take the Oath oaths.
of Allegiance in the form set out in the First Schedule to the Leeward Islands Letters Patent, 1956, together with such other Oath or Oaths as may from time to time be prescribed by any laws in force in the Colony andl the power of administering such Oaths
or of causing them to be administered by some public officer.
2. The power- Appointment
(,) with the advice of the Public Service Commission, of making appointments or promotions to any olice in the public service to Class C posts as described in Virgin Islands G(eneral Order No. 22 and in the case of teachers
to any office below the grade of graduate teacher; and
(b) of accepting the resignation of officers holding such appointments.
3. The power of grantingo- Leaof
(a) leave of absence to all public officers in the Colony in accordance with
the provisions of G(,eneral Orders for the time being in force, except in respect of leave beyond the normal period as laid down in the said General Orders:
Provided that whenever the Administrator seeks leave himself, it shall be
S necessary for the Governor's approval to be first obtained; and ;/. / 7
50 THE ANTIGUA, MONTSEIIAT A.ND VIIGIN ISI,ANDS GAZETTE [September20 ,1956
(b) leave of absence to the unofficial members of the Executive and Legislative Councils of the Colony.
Disciplinary 4. The powerProoeedings. (a) of taking disciplinary proceedings under the Regulations for
Her Majesty's Colonial Service (hereinafter referred to as Colonial l' egulations ") for the time being in force and of imposing the appropriate penalties (including dismissal) in respect of officers whom he is by paragraph 2 of this Instrument empowered to appoint; and
(b) to interdict any officer in the public service of the Colony if he considers that the public interest requires that such officer should cease instantly to exercise the powers and functions of his office. Increments 5. The po ver to approve the payment to any public officer of any increment
of sary. of salary in accordance with the provisions of Colonial Regulations for the time being
in force on the subject and to suspend, defer or stop such increment in accordance with
the provisions of General Orders.
Special 6. The power to sign Special Warrants for amounts not exceeding $480 and
Warrants. also to sign Special Warrants in other cases for any amount when the expenditure has
been duly sanctioned by the Secretary of State or by the Governor:
Provided that in the exercise of this power due regard shaldl be had to the special or any other instructions of the Secretary of State applying to the Colony while
the Colony continues to be grant-aided from United Kingdom funds:
And provided further that Special Warrants shall not in any event be signed contrary to the provisions of Colonial regulations for the time being in force or of any
regulations substituted for or amending the same.
Imprest 7. The power to sanction lmprests from public funds up to a maximuin of
Warrants. $240 and to sign Imprest Warrants up to a similar xiuount.
Advances. 8. The power to sanction advances from public funds up to a maximum of
$3,360 and to sign Advance Warrants up to a similar amount.
REmmiession 9. The power toetc, of arrears
(a) sanction the writing off of all losses of stores due to depreciation from normal unavoidable causes;
(h) sanction the abandonment or remission of any claim for money due to the (Government or the writing off of any suim which has appeared as an asset in a previous acont up to a maximum amount of $240;
(c) sanction the writing off of arrears of revenue up to a maximum amount of $480;
(d) sanction the writing off of losses of cash or stamps, due to theft or fraud or to the gross negligence of an officer, up to a maximum amount of $240;
(e) sanction the writing off of losses of stores due to theft or fraud or the gross negligence of an officer, up to a maximum amount of $240; and,
( f) sanction the writing off of losses of cash, stamps or stores, due to causes other than those enumerated in the preceding sub-paragraphs of this paragraph, up to a maximum of $480.
Appointment 10. The power of appointing Boards of Survey to examine the Treasury cash
of Boards ofI1 Survey on stamps etc. in accordance with the provisions of Financial Instruction 35 orany other Treasmry instruction substituted for or amending the same. cash.
Sale of 11. The power to authorise the sale of unserviceable stores under the provisions
unserviceable of Stores ILule 30 or of any other rule substituted for or amending the same.
Appointment 12. The power of appointing Boards of Officer 3 to inspect and report upon Governof Boards to
inspect stores, ment stores in accordance with the provisions of Stores Rule 116 or of any other rule
substituted for or amending the same.
September 20, 1956] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE 51
13. The power of appointing and of approving the recommei&dati uns of Boardr a of of Survey on stores and of dispensing with a Bnard of Survey in accordance with Stors ,, Rules 34-35 or of any other rule substituted for or amendinu the same.
14. The power to give serviceable Government stores or property, not exceeding Gift of
$96 in value and not required for Government purposes, to institutions or organisations in e Ir tble the Colony, at his discretion, in accordance with the provisions of Regulation No. 280 of institutions, Part II (1951 edition) of Colonial Regulations or of any other regulation substituted for eto. or amending the same.
15. The power to appoint Tenders Boards and to take any other action under Appointmoenit
- of Tvuder8
the provisions of Stores Rule 77 or of any other rule substituted for or amending the o e same.
16. The power of remitting any fine, penalty or forfeiture not exceeding the seniosion of sum of $96 due and accrued to tier Majesty. Fine~
All powers not herein specified will be exercised by the Governor.
GIVEN under my hand and the Public Seal of the Colony of the Virgin Islands this 20th day of August, in the year of Our Lord One Thousand Nine Hundred and Fifty-six and in the fifth year of Her Majesty's reign.
I HE ANTIG UA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [September 20,1956
It is notified for general information that the Secretary of State for the Colonies has selected Mr. A. F. Dawkins for secondment for two years to the post of Administrator of Montserrat.
Mr. Dawkins was born in 1916, and was educated at Marlb orough; Balliol College, Oxford:; ad the London School of Economties. After war service between 1939 and 1945 hlie was appointed as an Administrative Officer in ,ierra Lemone, a post which he still holds.
Mr. Dawkins is married and has one child.
It is e\x pecte I that Mr. Dawkins iil I assiune duty at the end of October or early in No)vember.
(hief t'ecrttarty's OOtce,
14I, Sept e r, 1956. Rel. No.C. 13/t001tol:2.
By virtue of the powers vested in hinm Iy Sction 3 of the Telecommnitideations Act, No. 13 of 1949, His Excelleney the Governor has been pleased to appoint the officer for the time being performing the duties of Manager of the Electricity Service. Mlontserrat, as Telecomumn uications Officer for the Colony of Mmitserrat in place oIf the Treaturer. Mo tserrat, whos.,e appointment previously as Telecommunications Officer is now terminated.
(ch ,efr ,',,;tary'.s Office,
1 1/A ,.' ntn, r, 1956
Ref. No. 7/00022.
It is hereby notifild for ot eral inftnitation that his Exeell,'ecy the G()vrlor hlas issued a Colllissioll to P. D. iVlacdonald Esq., C. M. (., appoimtil)g ii:n to b, (Governlor's I)eputy, uri his bsen'ce I ot Anitignua wNhit t, visiting the Vicgin Islands from the 30th September to the 7th October, 1956.
Chief/ tSecreary's Office,
15/' ,plernber, 1956.
Ref. No. 13/002, 3
It is notilie for general iformiation that, the Piolish ( Govermnent having app inede( Monsieur Jan Petrus as ('otsul-(ntal of Poland in London w i th jurisdiction including British olonial territories. Protectorates and territories under trust by the (ovenment (If t It e Untited Kingdorn, formal recognition as such Consul-Getneral is hIreby accorded to bi 1m.
(hiefS ,cretary's Office.
A t i1t114.
(No.14 of 1952.)
It is hereby notified, for general information, that ianyv person, who imports firearms, other than for his own use, shall be liable to prosecution under section 7 of the Fire(,arms Ordinance 1952 unless hlie shall obtain a licence to deal in firearms or to trade as a firearms dealer upon the premises specified in his licence.
Ref. No. A. 40/
The A ct ti g Administrator
announces with deep regret the death of Mr. E. T. Edgecombe, Elected Mentber for the Northern District, on the 8th Septemnber. 1956.
Mr. Edgecombe has eten an Elected lMember of the Legislattive C(Iuncil from 1952 and hIis passing is a great loss to the C)loy.
Aplpointments and trai:stf-rs etc., in the public service, with effect torn the td' s slatedI, are )iblished for gelerd Inforl'ne::ti(on:Roberts, C. S., Economnic and Financial
Adviser, Leeward Islands, to act as (hief Secretary, Leeward Islands, with effect from the 24th to the the 28th September, 1956, during the absence of Mr. P.D. Macdonald, C.M.(G., whilst paying an official
visit to Montserrat.
The allowing Ordinances alt cir-culated with this Gazette and form part thereof:A ntiYut.
No. 23 of 1956, The Distribution of German Enemy Property Ordinac-e, 1956." 8 pp. Pricr 12 cents
No. 21 of 1956, The Worklnen's IComipensation Ordinance, 1956. "
50 pp. rie 70 ,,,nts
(ntral Experiment Station intiguat.
Month. 1952. 1953. 1t 1 5 0 5 6.
Jan. 2.41 1.93 3 04 2.16 5.15
Feb. 1.60 1.02 2.15 .68 1.23
Mar. 1.2 -.60 1.08 .8,3 1.40
April 3.14 2.06 .49 1.75 3.83
May 3.07 1,50 3.83 2.81 2.58
Jtne 5.74 1.31 3.32 1.47 5,72
.1 July 8.3S 3.20 3.47 2.13 4.29t August 8.43 3.15 5.93 8.25 5.57
To 15th Sep. 2.72 1.48 7.65 2.51 .70
37.11 21.25 31.26 22.59 30.47
In the Supreme Oourt of the
Windward Islands and
NOTICE is hereby ixeii that in pursuance of Rl ls made by thle Chief ustice under Section 16 of the Windward Islands and Leeward Islands (Courts) Order in lounil.ci 1939. and duly approved as thlerein provided on the 16th lay of October, A. 1). 1911, the llhotiourale the Puiste Judge selected for the Sitting oIf the Court in Antigua has ilppointed thle (lay of the month (II which t ie en1 suing CouIrt shall sit as follows, that is to say :
The Antiguta Court (o Tuesday the 2nd day of Octobler, 1956, at 10 oclock in the forenootn.
Dated the 17th day of September, 1956.
0. M. Browne.
Notice to Mariners
West Indies, Antigua--Bell on
The bell on the Iuoy mo)ored near the siuth-west edge of War'ington Bank in the roadtead of St. J ten's, Antigna, is out of com;iissionl.
E. H. Blanchard,
13thi September, 1956.
l!egtlationns i2 (1) tand 19 (1)
Town and Country Planning Ordinance, 1948.
All Saints, Bendals, Bolans,
Five Islands, Freemansville, Parham, Pares Village, St.
Phillips, Table Hill Gordon
and Willikies Schemes.
Notice is het'eby'ivoenl that on the 4th and 11th of September. approval was given to the abve-narmed Schemes by the Governor-in-(ouncil.
A certified copy of the Schemes and of the maps therein referred to have been deposited at the office of the Cettral Hotitjg and Planning Authority. High Street, ST. John's, Antigna, and will be open for inspection without payments of fee between the hours of 10 a.m. and 3 I).m. daily (except on Saturdays wheni the hIonrs will be 10 a.m. to 11.30 a.mn.).
l)ated this 18th day of tS'ptember, 1951;.
Secretary (" E'cutie (/licer
Central ttousing 4- Planning Authority
A18 ta Septeber, 19,56
18th September, 19,56.
September 20, :] THE AN[PIUA, ilONTSEIRIAT AND 1 1'1N ISLANDS GAZETTE 53
Antigua Constitution and Elections Ordinance, 1951.
TAKE NOTICE that the lists of voters for the electoral district of Saint Phillip and Saint Peter ill be revised by ine t lie mundrigned Revising Officer on Tuesday the 25th day of September, 1956, at the Magistrate's Court. Parhaiim. at 2.00 p.m.
D)ated this 10th day of Septemniber, 1956.
0. M. Browne,
Magistrate D)istricts A & 13B.
Antigua Constitution and Elections Ordinance, 95 1.
TAKE NOTICE that the lists of voters for the electoral district of Saint John's City (North) will be revised 1 by me the unldirsigned Re ising Officer on Monday the thli day of September, 1956, at tii, Court House in the City of Saint John at
9 o'clock in the forenoon.
Dated this 10th dy of S ,tmber, 1956.
0. M. Browne,
Magistrate Districts A & B
Antigua Constitution and Elections Ordinance, 1951
TAKE NOTICE that the lists of voters for the electoral district of Saint John's City (Southl) and Blarbudan w-vill be revised by mile the undersignoed Revising Officer tn Momtay the 24th day of September, 1956, at the Magistrate's Court, Saint John's, at 2.00 p.m.
Dated this 10th day of Septembiher, 1956.
0. M. Browne,
Revi sing Q!JTicer.
Magistrate Districts A & B
Antigua Constituticn and Elections Ordinance. 1951.
TAKE NOTICE that ih. list of( voters for the electoral district f Saint t John (Rural) South will bI revised by ilne thie lndersigned SAMUEl. LAU(CHLAND ATHILL on o101iay the 21th day of Septemi)er, 1956, at the Magistrate's Court. All Saints. at
2.00 p. Inm.
I ated this 6th day of September. 1956.
Antigua Constitution and Elections Ordinance. 1951.
TAKE NOTICE tlat the lists of vot rs for thie electoraln district of Saint it Paul will be revisiad by me thle undersigned SAMUEL LA UCILANI) ATHILL on Monday thl( 2th (lay ()f Si ptcmiber. 1956, at the Librta Polic. Stitin in the Villae of Lib ria at 9.00 a. I.
Thlted this Gth (day of September, 1956.
8. L. ATHILL,
Antigua Constitution and Elections Ordinance, 1951.
TAKE NOTICE that the lists of votrs for the electoral district of Saint lary will be revised by ne the und ersigel Samuel Lauchland Athill on Tuesday the 25th day of September. 1956, at ithe ,olans Magistrate's Court, Bolans. at 2.00 p.m.
Dated this 6th day of September, 1956.
S. L. A iTH[ILL,
ei i'.'.ing ()fier'.
Antigua Constitution and Elections Ordinance, 1951.
TAKE NOTICE that the lists of voters for the electoral district of Saint John (Rural) West ,x ill be revised by mei the undersized Samuel Lauchland
Athil on Tuesd ay the 25th day of September, 1956. at the Greenbay (Gov ernmnent School, (Gr'eenhay. at 9.00
iatedl this 6th yi of '-eptemiber, 1956.
S. L. ATHILL,
Antigua Convtitution and Elections Ordinance, 1951
TAKE NOTIlCE thli the lists of voters for the electoral district of Saint (George am Saint Johii (Hural) North will lie revised by ti iHe iundersigned Revisinig Officer on Tuesday the 25th hay of September, 1956, at the' Princess Margaret School, St. John's, at
9 ,'click in the firemon.
Da;ited this I 0th day of Septemb, r, 1956.
0. M. Browne.
R ,isilg ./.ir.
Magistrate Districts A & 1I
Villa Area Development
It is hereby notifledl for general information that permission has been granted to persons who have paid their second deposit on lands at the Villa Area to construct or remove their house on the plot allotted to them, providing the necessary application is made to the Central Health Boaiird.
- This applies to th developed area
S'cretary J Er ecutive 0beicer.
Gentral IHutsinig &1 Planingof
oti Septe mber', 1956.
51 THE ANTTGUA, MONTHS R 'i !AT AND VIRGN IS ANDS \ZETTE tmbr2,156
Hurricane Precautions, 1956.
1. At the beginning" of the Hturricane Season the public are ailvised to take precautions to safeguard their homes and other property in the event of a storm. :)uri i hurricane the central electricity supply will be turned d off. and every hUo t iold should therefore' i6 providlvd with hurricane lantern or at flash lioht (n prerbly i :h both) which siild checked regularly and kept in working order throughout the hurricane s~easo.
2. Owners of barometers should take readings daily at 10 a m., 4 p.m. alnd 10 p.m. Any change lower than the usual diurnal one of 0- 1) inch should be regarded with suspicion.
3. The masters or agents of vessels itf in (doubt should cominmunicate with the I[arbour Master for information.
4. When barring up a house, on indication of b:Id weather, begin with the side facing the direction of the prevailing wiod, which varies from North West to North East. Should the centre of a storm pass over the island there will be a short period of calhn during which the Northern side of the building could be opened up and the Soutihern an d WesterlyV sides closed. Very often there is no calhn, and under such circumstances it is wise to lhve everything securely fastened.
5 The united Staies \Xw'ather Bureau at Sun Juai:, -uerto Rico, issues regular weather reports for the Eastern Caribbean which are broadcast in Spanish and English (ily throughout the hurricane season by several radio aions in tPuerto i ico. Owners of riilos ,.ioull mtke : habit of listening to these broadcasts whic, mary be heard over the following stations at the times and on the frequencies and wavelength shown: BROADCAST TIMES (LOCAL)
Station. Frequency D)aily wether '-pecirfl hu rricane wrn iar gs.
WIPR 940 kcs '8-55 a.m 6.30 1...
(319.14 m) 4.55 p.m. 12.30 p.mn.
WAPA 680 kes 7.45 a.m.'
(441.18 mn) 12.15 p.
'exc pt oin Sau l a Su1day
WKAQ 5 8 0 k,s ('.30 p.m.
(517.21 im) 12.30 a.m.
Window tr Islands 3395 kcs 7.10 p.m.
(88.4 m) 10.10 p.m.
Except Saturda. s
Stations WSTA in St. Thomas al WIVI in St. Croix almo broadcast the Weathr Bu eau's special hurricalfiwarnings and advisories.
Storm Warning Sifgnals.
AT )A Y.
The following signals displayed at the flarbour Master's Office, G(oat Hill, Ottos lill,
Police Headquarters and other Police stations denote the approach of disturbed
weather:A. A Red Flag with black square in centre means Tlropicl disturbance reported;
likely to affect island of Antigua-CA UTION ADV ISED.
B. TWO red flags, with black squares in centre-HURRICANE SIGNALD)ANGER 1XPECTE D.
Two )ETONATIING ROCKETS will he Fired from the Harbour Master's Office to
AT DAY & AT NiliT.
A RE0 LIGHT will be displayed at Police Stations fhe Police will go through St.
John's and villages sounding their whistles.
Telephone Exchanges will inform subscribers. After a hurricane warning has been
received the nevs will be broadcast by' Radio Antigua (8.255 megacycles; 92.16 metres) at regular intervals:-9 n.m., 1 p.m., 5 p.m. and more often if necessary.
St. John's. Antigrua.
10th July. 1956.
A. 52/6 -II.
Printed at the Govern r, Printing Office, Antigua, Leewaird 1Ilaud~, by EARL P tor ', Acting Government Printer.--By Authority.
[Price 90 cents]
No. 23 of 1956.
Distribution of German
K. W. BLACKBURNE,
6th September, 1956.
No. 23 of 1956.
An Ordinance to provide for the vesting of German
Enemy Property in the Colony in an Administrator and for the distribution thereof.
ENACTED by the Legislature of the Colony of Antigua as follows:-
1. This Ordinance may be cited as the short title.
Distribution of German Enemy Property Ordinance, 1956.
2. (1) In this Ordinance the following
expressions have the meanings hereby respectively
assigned to them, that is to say:"the appointed day means the date of the
commencement of this Ordinance;
x British person means, in relation to any
14 -"'.7iq 7j
ANTIGUA. 2 Distribution of German No. 23 of 1956.
(a) any British subject, citizen of the Republic of Ireland or British protected person resident or carrying on business on that date in the Colony;
(b) any body of persons (whether corporate or unincorporate) which on that date was a body incorporated or constituted under the laws in force in the Colony;
"claimant" in relation to any German enemy debt means the person who under section 6 of this Ordinance makes a claim in respect of that debt;
"the Custodian" means the Custodian of Enemy Property appointed under regulation 8 of the Defence (Trading with the Enemy) Regulations, 1939;
"German person" means, in relation to any date,
(a) the German State;
(b) any individual who on that date was a German national resident in Germany;
(c) any body of persons (whether corporate or unincorporate) wh6 on that date was a body incorporated or constituted in or under the laws of Germany;
"German enemy debt" means any sum due at the passing of this Ordinance in respect of an obligation incurred before the third day of September nineteen hundred and thirty-nine, which on that day was an obligation of any German person to any British person except that where ainy British person (not being the Governinent of the Colony) carried on business on the said day both in and outside the Presidency, any sum attributable to business carried on outside the Colony shall be excluded;
No. 23 of 1956. Distribution ol German 3 ANTIGUA.
"German enemy property" means property
which, on the appointed day is under the control of the Custodian, being property, which on or at any time after the third day of September, nineteen hundred and thirty-nine, belonged to, or was held or
managed on behalf of(a) the German State;
(b) any individual who, on the
said third day of September, nineteen hundred and thirty-nine, or at any time thereafter, was a German national resident in Germany or in .any territory under the sovereignty of a State which on or at any time after the said day was at war with
(c) any individual who was a
German national on or at any time
after the said day and(i) was included among the persons specified in any order made under sub-regulation 3 of t h e Defence (Trading with the Enemy) Regulations, 1939;
(ii) was a person whose property became subject to control under regulation 8 of the said Regulations at a time when he was not an enemy within the meaning of the said Regulations;
(d) any body of persons
(whether corporate or unincorporate) which on or at any time after the said day was a body incorporated or constituted in, or under the laws
of, Germany; and
ANTiGUA. 4 Distribution of German No. 23 of 1956.
(e) any body of persons (whether corporate or unincorporate) which on or at any time after the appointed day was controlled by any such individual or body as is mentioned in paragraph (b), paragraph
(c) or paragraph (d) hereof;
"German national" does not include any person who acquired German nationality by reason of the inclusion in the German State after the first day of March, nineteen hundred and thirty-eight, of any territory not comprised therein on that day;
" Germany means territory comprised in the German State on the first day of March, nineteen hundred and thirty-eight;
"property means real or personal property and includes any estate or interest in real or personal property and money, any negotiable instrument, debt or other chose in action, and any other right or interest whether in possession or not;
"relevant time" means the appointed day;
"trade debt" means any sum due in respect of
(i) goods supplied in the course of trade;
(ii) services incidental to the goods so supplied; or
(iii) shipping right, rebates or fares.
(2) For the purposes of this Otdinance, a
person who at any time was resident in Germany shall be deemed to have been a German national at that time unless it is proved to the satisfaction of the Administrator of Enemn property, within six months of the appointed day in such, manner as he may prescribe that he was not a German national
at that time.
No. 23 of 1956. Distribution of German 5 ANITIGIUA.
(3) For the purposes of this Ordinance, property which, or the right of transfer over which is vested in any custodian of enemy property appointed under section 9 of the Trading with the Enemy Ordinance, 1939, and property which, by 12/1939. virtue of any order made tinder the said section 9,, cannot be dealt with without the consent of the Governor, shall be deemed to be subject to control under the said section 9.
(4) Any reference in this Ordinance to the
Tradirigj with the Enemy Ordinance, 1939, shall be 12/1939. construed as a reference to that Ordinance as amended by or under any other Ordinance.
8. The Governor shall appoint for the Appointment
purposes of the distribution of German Enemy trator.dinisproperty in pursuance of this Ordinance on such terms as he may specify to persons who establish claims in respect of German enemy debts, an
Administrator of German Enemy Property (hereinafter in this Ordinance referred to as "the Administrator").
4. (1) All German enemy property on the Property to appointed day in the hands of the Custodian shall "'t int Administravest in the Administrator. tor.
(2) The Governor may by Order vest in the Administrator any other German enemy property situate in the Colony or the right to transfer the same. Any order so made shall be sufficient as respects property of any description to vest in the Administrator any property or the right to transfer any property as provided by the vesting order without the necessity of any further conveyance, assurance or document.
(3) A vesting order made in accordance with the preceding subsection may be varied or revoked by the Governor.
6. This Ordinance shall riot apply- Excluded
(4) to any claim in respect of a German Claims.
ell(-My debt unzless (in addition to the conditions prescribed in subsection (1) of section 2 of this Ordinance) at the relevant time that
debt was due to a British person;
ANTIGUA. 6 Distribution of German No. 23 of 1956.
(b) to any claim in respect of a German enemv debt due at the relevant time to a company incorporated in the Colony whose activities in the Colony on the third day of September, nineteen hundred and thirtynine were confined to complying with the Cap. 10. requirements of the Companies Act and to
distributing profits earned abroad;
(c) to any claim in respect of a balance at a bank expressed in a unit of German
(d) to any claim in respect of a bank note expressed in a unit of German currency or any other note so expressed which has at
any time been legal tender in Germany;
(e) to any other claim in respect of a German enemy debt expressed in a Unit of
German currency except(i) claims in respect of trade debts;
(ii) claims in respect of loans made to German persons by persons who at the date of the loan were British persons; (iii) olaims in respect of rent due on the third day of September, nineteen hundred and thirtynine;
(iv) claims in respect of dividends on shares or stock declared before the third day of September, nineteen hundred and thirty-nine; and
(t) to any claim by an insurer or an insurance broker in respect of a contract of insurance or re-insurance with a German
Makingof 6. (1) Claims for payment under this OrClaims. dinance may be made only by the person to whom
the sum claimed was due at the relevant time or hy n instirer who at the relevant time was entitled by subrogation to enforce payment of the sum
No. 23 of 1956i. Di8ribuiion of (erman 7 ANTIGUA.
i,7e my Property.
Provided that in the event of the death, bankruptcy, winding up, mental incapacity, or absence from the Colony of any such person 'or insurer as aforesaid the claim may be made by any person authorised by him in that behalf or by any person entitled to deal with his property.
(2) Claims for any payment under this
Ordinance shall be made to the Administrator within three months from the appointed day or such further time us the Governor may by Order made either generally or in relation to any specified class of claim direct.
(3) Claims shall be imiade on the appropriate form prescribed by the Administrator and shall contain the information reqmred on the form and shall be accompanied by such documents as may be so required.
(4) The Administrator may by notice in
writing require the claimant to furnish within such time as may be specified in the notice such further information and documents in the i:laimant's
possession or control as the Administrator may require for the verification of the claim.
7. (1) The Administrator shall determine Detorminawhether any claim is established for the purposes tion and payment of
of this Ordinance and the amount for which it may Claims. be admitted for payment, and shall serve written notice of the determination on the claimant.
(2) The determination of the Administrator in relation to any claim shall be final:
Provided that the claimant, if dissatisfied with the determination as being erroneous in point of law, may by notice in writing given within six weeks after being served with notice of determination as aforesaid and setting out the question or questions of law in respect of which it is alleged that the determination of the Administrator was erroneous, require the Administrator to state and sign a case for the opinion thereon of the Supreme Court and the decision of the Supreme Court shall be final.
ANTIGUA. Distribution o/ German No. 23 of 1956.
(::) The Administrator shall be entitled to
appear at the hearing of any case stated by him
under this section.
Disposal of 8. (1) Where any moneys, being German
interest and enemy property is received by the Custodian and is
placed by him in his name on deposit or current
account at a bank, the interest accruing therefrom shall belong to the Crown and be paid into the
general revenue of the Colony.
(2) The proceeds of German enemy property
collected by the Administrator shall, in so far as they are not distributed in accordance with the provisions of this Ordinance, be paid into a special account at the Treasury of the Colony and be used for such purposes as the Governor may
Commence- 9. This Ordinance shall come into force on a
inent. date to be appointed by the Governor by Proclamation published in the Gazette.
Passed the Legislative Council this 28th day
of August, 1956.
F. A. CLARKE,
Clerk of the Council.
Printed at the governmentt Printing Offtin, Antigua, Leewrd Islands,
by EARL PIGOTT, Acting Government Printer.-By Authority.
Prie 12 cents
Workmen's Compen nation,
K. W. BLACKBURNE, Governor.
8th September, 1956.
No. 24 of 1956.
An Ordinance to provide for the payment of
compensation to workmen for injuries suffered
in the course of their employment.
ENACTED by the Legislature of Antigua as follows:1. This Ordinance may be cited as the Short title. Workmen's Compensation Ordinance, 1956.
2. (1) In this Ordinance, unless the context Interpretaotherwise requires:- tion.
"adult" and "minor" mean respectively
a person who is not and a person who is
under the age of seventeen years;
"dependants" means such of the members of
a workman's family as were wholly 'or mainly dependent upon the wages of the workman at the time of his death, or would but for the incapacity due to the accident have been so dependent, and where the workman, being the parent or grandparent of an illegitimate child, leaves such a child so dependent upon
No. 24, of 195C.
ANTIGUA. 2 Workmen's Compensation. No24f19.
his wages or, being an illegitimate child, leaves a parent or grandparent so depenident upon his wages, shall include such ain illegitimate child and parent or
Provided that a person shall not
be deemed to be mainly dependent on the wages of another person unless he was dependent mainly on contributions from that other person for the provision of the ordinary necessaries of life suitable
for persons in his class and position;
"employer" includes Her Majesty in Her
Government of the Presidency and any person or body of persons corporate or unincorporate and the legal personal representative of a deceased employer, and, where the services of a workman are temporarily, lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, 'the latter shall for the purposes of this Ordinance, save as is provided in subsection (1) ,of section 22, be deemed to continue to be the employer of the workman whilst he is
working for that other person.
In relation to a person engaged in
plying for hire with any vehicle or vessel, the use of which is obtained by that person under a contract of bailment (other than a hire purchase agreement) the person from whom the use of the vehice or vessel is so obtained shall be
deemed to be the employer.
In relation to a person, employed
for the purposes of any game or recreation and engaged or paid by a. club, the manager or members of the managing committee of the club shalll' for the purposes o[ this Ordinance, be deemed to
be the employer;
No. 24 of 1956.
Workmen's Compensation. 8 ANTIGUA.
manager" in relation to a ship means the
ship's husband or other person to whom the management of the ship is entrusted
by or on behalf of the owner;
"medical practitionerr means a person registered to practise medicine and surgery
under the Medical Act, 1937; 3111937
"medical referee" means a medical practitioner appointed under section 46 as a medical referee for the purposes of this
"member of a family" means wife or husband,
father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister and shall include any child or children, not specifically mentioned, living with the deceased at the time of his death and wholly or mainly dependent on his earnings; and such other person as was at the time of the injury living in the household of the worker and was wholly
or mainly dependent on his earnings;
partial incapacity means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the incapacity, and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in every employment which he was capable of undertaking at
Provided that every injury specified
in the Schedule shall be deemed to result
in permanent partial incapacity;
Schedule" means the Schedule to this Ordinance;
No. 24 of 1956.
TjWorkmen's Conpensation o
"section" ineans a section of this Ordinance; 57& 8 "ship ",' "vessel ", seaman and port"
Viet. C. 60. shall have the same meaning as in the
Merchant Shipping Act, 1894;
"total incapacity" means such incapacity whether of a temporary or permanent nature, as incapacitates a workman for all' work which he was capable of performing at the time of the accident resulting in such incapacity:
Provided that permanent total incapacity shall be deemed to result from the permanent total loss of the sight of both eyes or from any combination of injuries specified in the Schedule where the aggregate percentage of the loss of earning capacity, as specified in ths Schedule against these injuries, amounte to one hundred per centum; "wages" includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a
workman to cover any special expenses entailed on him by the nature of his employment, or remuneration for overtime not habitually performed or remunerated at a special rate;
"workman ", subject to the exceptions hereinafter mentioned, means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, is oral or in writing and whether the remuneration is calculated by time or by work done:
Provided that the following persons shall be excepted from the definition of workman, that is to say--
No, 24 of 19.56.
fforkmen>'s Compensation. 5
(a) any person employed otherwise than by way of manual labour whose earnings exceed two thousand five hundred dollars a year or such sum as may from time to time by Order be fixed by the Governor in
(b) a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid
through a club;
(c) an out worker, that is to say, a person to whom articles or materials are given out to be made up, cleaned, wa,.ished, altered, ornamented, finished or repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles
(d) a member of the employer's family dwelling in his house;
(e) members of the Leeward Islands Police Force, including
special and additional constables;
(r) a person in the civil employment of Her Majesty otherwise than in Her Government of the Presidenvcy, who has been engaged
in a place outside the Presidency;
(g) a person in the naval, military or air service of the Crown.
(2) Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit compensation is payable.
(3) If on any proceedings for the recovery of compensation under this Ordinince it appears to the court by whom the claim to compensation is to be settled that the contract of service or apprenticeship under which the injured person was working
i(o. 24 of 195f.
INTIG UA. 6 Workmen's Conzmensaion.
at the time when the accident causing the injury happened, was illegal, the court may, if having regard to all the circumstances of the case it thinks proper so to do, deal with the matter as if the injured person had at the time aforesaid been a person working under a valid contract of service or
Employers' 8. (1) If in any employment a workman
liability for suffers personal injury by accident arising out of comnt,,-ation. and in the course of such employment his employer
shall be liable to pay compensation in accordance
with the provisions of this Ordinance:
Provided that the employer shall not be so
liable under this Ordinance for such compensation
should(a) the injury not result in the total or partial incapacity of the workman for a period
exceeding three days;
(b) the accident be proved to be attributable to the workman's own serious and
wilful misconduct which shall include:(i) his being under the influence of drugs or intoxicating drink; or
(ii) a contravention of any law, regulation or order, whether statutory or otherwise, expressly made for the purpose of ensuring the safety or health of workmen, or of preventing
acci(dentF to workmen, if the contravention was committed deliberately or with a reckless disregard of the terms of such law, regulation or order; or (iii) the wilful removal or disregard by the workinan of any safety guard or other device whici lie knew to have been provided for the purpose of securing the safety of workmen; or
No. 24, of 1956.
fWorkmen s Compensation.
(iv) any other act or omission which the court may, having regard to all the circumstances of an accident, declare to be serious and wilful misconduct;
(c) it be proved that the accident would
not have occurred, or in so far as the incapacity or death would not have been caused, but for a pre-existing diseased condition of the
(d) death or incapacity result from personal injury if the workman has at any time represented to the employer that he was not suffering from that or a similar injury, knowing that the representation was false.
(2) An accident resulting in the death or total and permanent incapacity of a workman shall be deemed to arise out of and in the course of his employment and the employer shall be liable to pay compen-ation notwithstanding that the workman was at the time when the accident happened acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by the workman for the purposes of and in connection with his
employer's trade or business.
4. An accident happening to a workman in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business, shall he deemed to arise out of and in the course of his employment and the employer shall be liable to pay compensation, if the accident happens while he is taking steps on an actual or supposed emergency at these premises, to rescue, succour or protect persons who are, or are thought to be or may possibly be, injured or imperilled, or to avert or minimise serious damage to property.
5. Notwithstanding anything in this Ordinance, no compensation shall be payable under this Ordinance in respect of any injury directly or indirectly sustained as a result of war, invasion, a.t
happening while meeting emergency.
Employers not liable in certain cases.
No. 24 of 1956.
ANTIGUA. 8 Workmen's Conpensation.
of foreign enemies, hostilities or warlike operations (whether war is declared or not) civil war, mutiny, insurrection, rebellion, revolution, conspiracy or
military or usurped power.
Liability of 6. (1) In every case where injury arising
"epes of out of and in the course of his employment has conveyance been sustained by a workman the employer shall to place of l ii- e
treatment irrespective of whether the workman is disqualified and for other for compensation under the provision of paragraph expenses of
teatent. (a) of subsection (1) of section 3 be liable to pay
to the workman or to any otlfsr person advancing the same, the reasonable expenses of conveying, where necessary, the injured workman from the
place of the accident to the place of treatment and
thence to his residence.
(2) Where medical treatment or examination
is immediately required as a result of bodily injury (including fatal injury) to a workman arising out of and in the course of his employment and the treatment or examination so required (in this section referred to as emergency treatment") is effected by a medical practitioner, the employer shall irrespective of whether the workman is
disqualified for compensation under the provision of paragraph (a) of subsection (1) of section 3 be
liable to pay to the practitioner(a) a fee prescribed by Regulations made under this Ordinance in respect of each workman in whose case the emergency treatment is
effected by the practitioner, and
(b) a sum in respect of any distance which the practitioner must cover in order to proceed from the place whence he is summoned to the place where the emergeniyV trea i'nt is carried out by him and to return to the first mentioned place, equal to the trivelling allowance paid by (Government to officers in
the employment of Government:
Provided that the minimum sum to
which the medical practitioner shall be entitled shall not in any case be less than the amount to which the practitioner would be entitled had
he travelled a distance of two miles.
No. 24 of 1956.
I'orkmen's Compensation. 9
(3) The employer shall, irrespective of whether the workman is disqualified for compensation under the provision of paragraph (a) of subsection (1) of section 3, be liable to pay to the workman or to any other person providing the same the reasonable cost, charges and expenses (which shiall include travelling expenses necessary as a result of periodic medical treatment prescribed by a medical practitioner and also expenses incurred by the workman in establishing his claim to compensation, provided he does so successfully) in respect of any medical treatment given to the workman in consequence of any personal injury sustained by him and arising out of and in the course of the workman's employment by that
employer, such cost, charges and expenses being adjusted to the workman's station in life and his actual physical condition occasioned by the injury and not exceeding in respect of medical treatment as an out-patient thirty dollars.
7. (1) The compensation shall be payable To whom
to or for the benefit of the workman, or where compensation death results from the injury, to or for the benefit of his dependanits, as provided by this Ordinance.
(2) Where there are both total and partial dependants nothing in this Ordinance shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.
8. (1) Subject to the provisions of this Amount of Ordinance, the amount of compensation shall be as compensation. follows, namiely:(a) where death results from the injury
tho acrtual cost of the. burial of the deceased workman to an amount not exceeding sixty
dollars and in addition(i) if the workman leaves a dependant or dependants wholly dependent upon his earnings, a sum equal to forty-two months' wages or five thousand dollars whichever is the less;
No. 24 of 1956.
1 orkmen's Com pensation.
(ii) if the workman does not leave a
dependant or dependants wholly dependent upon his earnings but leaves a dependant or dependants mainly so dependent, such sum not exceeding the amount of compensation payable under the preceding subparagraph as may be agreed upon, or in default of agreement as may be awarded by the
court to be reasonable and proportionate to the injury to the said dependant or dependants;
(b) where permanent total incapacity results from the injury(i) in the case of an adult, a sum
equal to fifty-four months' wages or six thousand dollars
whichever is the less;
(ii) in the case of a minor, a sum
equal to one hundred and eight months' wages or six thousand
dollars whichever is the less;
(c) where permanent partial incapacity results from the injury(i) in the case of an injury specified
in the Schedule such percentage of the compensation which would have been payable Lil the case of permanent total incap4city as is specified therein as being the percentage of the loss of earning capacity caused by
that injury; and
(ii) in the ease of an injury not
specified in the Schedule, such percentage of the compensation payable in the case of permnanent total incapacity as is proportionate to the loss of earning capacity permanently
caused by the injury:
No. 24 of 1950.
Workmen's Cornpensation. 11 ANTIGtfA.
Provided that such compensation may be increased by such an amount as may be agreed upon or in default of agreement as may be awarded by the court, having regard to the nature of the injury sustained in relation to the type of work and other circumstances of the workman.
Where more injuries than one are caused by the same accident the amount of compensation payable under this head shall be aggregated, but not so in any case as to exceed the amount which would have been payable if total incapacity had resulted from the injuries;
(d) where temporary incapacity, whether
total or partial, results from the injury(i) in the case of a weekly paid adult a sum equal to seventyfive per centum, and in the case of a weekly paid minor a sum equal to eighty per centum, of the weekly wages of such adult or minor, as the case may be, payable on the eighth day from the date of the incapacity and thereafter weekly during the incapacity or during a period of five years, whichever period is shorter;
(ii) in the case of a monthly paid adult a sum equal to thirtyseven and a half per centum, and in the case of a monthly paid minor a sum equal to forty per centum, of the monthly wages of such adult or minor, as the case may be, payable on the sixteenth day from the date of the incapacity and thereafter half-monthly during the incapacity or during a period of five years, whichever period is shorter.
(2) The period of incapacity shall be deemed to commence on the (lay of the accident.
No. 24 of 19.56.
ANTIGUA. 12 Workmen's (Compensation. No. 24 of 1956
(3) In the event of permanent total or permanent partial incapacity following temporary incapacity no deduction shall be made from any lump sum payable in respect of such permanent total or permanent partial incapacity by reason of weekly or half-monthly payments having been
made during temporary incapacity.
(4) On the ceasing of the incapacity before
the date on which any weekly or half-monthly payment falls due, there shall be payable in respect of that period a sum proportionate to the duration
of the incapacity in that period.
additional 9. (1) Where in the opinion of a medical
toenitionjured practitioner a workman's temporary incapacity, workman to whether total or parmLial is such that he requires the defray costI
of assistance constant assistance of another person during his during tern- incapacity, additional compensation shall be paid porary incapaciy. to the workman during such incapacity at a rate
being not more than fifty per centum of the rate
prescribed in section 8.
(2) Before any person is employed to assist a
workman under subsection (1) of this section the opinion of a medical practitioner shall be sought as to the nature of the assistance required and the
probable duration thereof.
Artificial 10. (1) An employer shall be liable to
apparatus. supply artificial eyes and dental appliances to a
workman whenever the necessity for such artificial eyes or dental appliances is the result of an accident arising out of and in the course of the
employment of the workman by that employer.
(2) Where an accident arising out of and in
the course of his employment has caused the loss of a limb or other mutilation and the supply of artificial member or members and apparatus will improve thw earning capacity of an injured workman, such artificial member or mnmnib)ers and apparatus shall be provided at the expense of the employer and the rate of coimpetrsation payable shall be reduced in proportion to the improvement in earning capacity resulting : from the use of the
artificial member or members and apparatus.
No. 24 of 1!95C. JVorkrnens Compensaton. 13 ANTIOA.
(3) The court may order an employer to pay MT,4tWxa of for the replacement or repair of artificial member c"lculating or members and apparatus damaged as a result of ge. an accident, arising out of and in the course of a workman's employment by that employer.
11. (1) For the purposes of section 8 the wages of a workman shall be calculated as follows:(a) in the case of a weekly paid work(i) where the workman has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the weekly wages of the workman shall he one fiftysecond of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;
(ii) in other cases, the weekly wages shall be seven times the total wages earned in respect of the last continuous period of service immediately preceding the acci(lent from the employer who is liable to pay compensation divided by the number of days comprising such period;
(b) in the case of a monthly paid workman:
(i) where the workman has, during a continuous period of not less than twelve months immediately preceding the accident been in the service of the employer who is liable to pay compensation, the monthly wages of the workman shall be one twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;
ANTIOUA. 14 Workcmen's Compensation. No. 24 of 1956.
(ii) in other cass, e monthly wages shall he thirty tinis the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period: Provided that(i) where by reason of the shortness of the time during which the workman has been in the employment of an employer or the casual nature of the employment, or the terms of the employment, it is impracticable at the date of the accident to compute a rate of remuneration which would be representative of the workman's average weekly or monthly earnings, regard may be had to the average weekly or monthly amount which, during the twelve months previous to the accident, was earned by a person of average diligence or ability in the same category employed at the same work by the same employer, or, if there is no such person who was so employed, by such a person in the same category employed in the same class of employment and in the same district;
(ii) where in any case it seems more equitable compensation may be awarded, having regard to the earnings of the workman at the time of the accident.
(2) A period of service shall, for the purpose
of this section, be deemed to be continuous which has not been interrupted by the period of absence
from work exceeding fourteen days.
N oroIme'8 Compensation. 15 ANTIGUA.
12. (1) Any weekly or half-monthly pay Review
ment payable under this Ordinance either under an ofpayments. agreement between the parties or under an order of a court may be reviewed by a court on the application either of the employer or of the workman if(a) where the review takes place more
than six months after the accident, it is claimed and proved that, had the workman remained uninjured and continued in the same class of employment as that in which he was employed at the date of the accident, his average weekly or monthly earnings during the twelve months immediately preceding the review would, as a result of fluctuations in rates of remuneration, have been greater or less by more than twenty per cent. than his average weekly or monthly earnings during the twelve months previous to the accident (or if the weekly or halfmonthly payment has been previously varied on a review during the twelve months previous to that review or the last of such reviews), the weekly or half-monthly payment shall be varied so as to make it such as it would have been if the rates of remuneration obtaining during the twelve months previous to the review had obtained during the twelve months previous
to the accident;
(b) there has been a change in the
condition of the workman, in which case the application shall be accompanied by the certificate of a medical practitioner, or subject to regulations made under this Ordinance, an
application made without such certificate.
(2) Any weekly or half-monthly payment may, on review under this section, subject to the other provisions of this Ordinance, be continued, increased, decreased or ended, or if the incapacity is found to have resulted in permanent incapacity, be converted to the lump sum to which the workman is entitled.
13. An employer shall not be entitled Casesinwhich
otherwise than in pursuance of an, agreement to alter weekly end or diminish a weekly or half-monthly payment or halfmonthly
except in the following cases:-- payment,
No. 24 o'f 19,56,L
ANTIGUA. 16 Workmen's Compensation.
(1) where a workman iii receipt of a weekly
or half-monthly payment in rcsp(Nct of total incapacity has actually returned to
(2) where the medical practitioner who has
examined the workman under section 18 or, in his absence, any other medical practitioner has certified that the workman has wholly or partially recovered, or that the incapacity is no longer due in whole or in part to the accident, and a copy of the certificate (which shall set out the grounds of the opinion of the medical practitioner) together with notice of the intention of the employer from the 'date of the service of the notice to end the weekly or half-monthly payment, or to diminish it by such amount as is stated in the notice, has been served by
the employer upon the workman:
Provided that(a) in the last mentioned case,
if before the expiration of ten clear days from the date of the service of the notice, the workman sends to the employer the report of another medical practitioner (which report shall set out the ground of his opinion) disagreeing with the certificate so served by the employer, the weekly or half-monthly payment shall not be ended or diminished except in accordance with such report, or if and so far as the employer disputes such report except in accordance with the certificate given by a medical referee in pursuance of
section 47; and
(b) where an application has
been made in pursuance of the said section 17 to refer the dispute to a medical referee, it shall be lawful for the employer, pending the settlement of the dispute to pay
No. 24, of 1956.
W,orkmen's Compensation. 17 ANTIGUA
(i) where the notice was a notice to end the weekly or half-monthly payment, the whole of each weekly or half-monthly payment becoming payable in the meantime;
(ii) where the notice was a notice to diminish the weekly or halfmonthly payment, so much of each weekly or ihalf-monthly payment so payable as is in dispurte; and the sum so paid into court shall, on the settlement of the dispute, be paid to the employer or to the workman, according to the effect of the certificate of the medical referee or, if the effect of that certificate is disputed as in default of agreement, may be determined by the court or, on appeal by a Judge of the Supreme Court;
(c) nothing in this section shall be construed as authorising an employer to end or diminish a weekly or half-monthly payment in any case in which, or to an extent to which, apart from this section he
would not be entitled to do so.
14. (1) Compensation payable where the death of a workman has resulted from an injury shall be paid into court, and any sum so paid in shall be apportioned among the dependants of the deceased workman or any of them in such proportion as the court thinks fit, or may, in the discretion of the court be allotted to any one such dependant, and the sum so allotted to any dependant shall be paid to him or be invested, applied or otherwise dealt with for his benefit in such manner as the court thinks fit.
(2) Compensation payable where permanent incapacity has resulted from an injury shall be paid into court, and any sum so paid shall be paid to the person entitled thereto or be invested, applied or otherwise dealt with for his: benefit in such rnanner as the court thinks fit.
Distribution of conimpensation on death,
No. 24 of 1956,
ANTIGUA. 18 Workmen's Compensation.
(3) Any other compensation payable under
this Ordinance, may be paid into court and,
when so paid in, shall be paid by the court to
the person entitled thereto.
(4) The receipt of the clerk of the court
shall be sufficient discharge in respect of any amount paid in under the provisions of this
(5) On the payment in of any money under
subsection (1) of this section the court may d(edduct therefrom the actual cost of the burial of the deceased workman, to an amount riot exceeding sixty
dollars and pay the same to the person by whom such expenses were incurred, and shall, if it thinks necessary, cause notice to be published, or to be served on each dependant in such manner as it thinks fit calling upon the dependants to appear before it on such date as it may fix for determining the distribution of the compensation.
If the court is satisfied, after any inquiry which it may deem necessary, that no dependant exists, the court shall repay the balance of the money after deduction of hospital and other medical expenses incurred to the employer by whom it was paid. The court shall, on application by the
employer, furnish a statement showing in detail
all disbursements made.
Workman (6) Where a weekly or half-monthly payment
iinder (6 wekyorhaf
Sabilityi. is payable under this t Ordinance to a workman under
any legal disability, the court may, of its own motion or on application made to it in this behalf, order that such weekly or half-monthly payment he paid during the disability to any dependent (of the workman or to any other person whom it thinks best
fitted to provide for the welfare of the workman.
Variation (7) Where, on application made to the court
of order, in this behalf or otherwise, the court is satisfied
that, on account of neglect of children on the part of a parent, or on account of the variation of the circumstances of any dependant, or for any other sufficient cause, an order of the court as to the distribution of any sum paid as compensation or as to the manner in which any sum payale to any such dependant is to be invested, applied or
No, 24 of 1956).
ITFrkmen's Compensation. 19
otherwise dealt with, ought to be varied, the court may mIake such order for the variation of the former order as it thinks just in the circumstances of the case:
Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him.
(8) The solicitor or agent of a person Deductions claiming compensation under this Ordinance for costs. shall not be entitled to recover from him any costs in respect of such claim or to claim a lien in repect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation, except such sum as may be awarded by a court, subject to regulations made under this Ordinance, on an application made either by the person claiming compensation, or by his solicitor or agent, to determine the amount of the costs to be paid to the solicitor or agent.
15. Save as provided by this Ordinance, no Compensation lump sum or weekly or half-monthly payment pay- signed, at. able under this Ordinance shall be capable of being tached or assigned, charged or attached or shall pass to any charged. person other than the workman by operation of law, nor shall any claim be set off aginst the same.
CONDITIONS OF COMPENSATION.
16. (1) Proceedings for the recovery under requirements this Ordinance of compensation for any injury a ton otic of
I accident and
shall not be maintainable unless:- claim for
(a) written or oral notice of the accident
has been given as soon as practicable after
the happening thereof;
(b) written or oral notice of the accident
has been given before the workman has voluntarily left the employment in which he
No. 234 of 1956.
ANTIGUA. 20 1Vorkmen'( Compenscation2
(c) the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident causing the injury;
(d) in the case of death the claim for compensation has been made within six
months after the date of death or within six months after the date of the accident;
(e) in the case of death occurring more than six months after the accident causing injury, a claim for compensation has been made by the workman within six months of the accident:
Provided that(i) any defect or inaccuracy in suct-v
notice shall not be a bar to the maintenance of such proceedings if it is found in the proceedings for settling the claim that the employer is not, or would not, if an amended notice were then given and the hearing post poned, be prejudiced in his defence by the defect or inaccuracy or that such defect or inaccuracy was occasioned by mistake, absence from the Presidency or
other reasonable cause:
(ii) the failure to make a claim
within the period specified shall not be a bar to the maintenance of such proceedings if it is found that the f a iI u r e was occasioned by absence from the Presidency or
other reasonable cause;
(iii) the failure to give such notice
or make a claim within the
period specified shall not be a bar to the, maintenance of such proceedings if there be an
No. 24 of 1956,
Work'men's Conpensation. 21 ANTIGUA.
acknowledgment in writing, signed by the employer or his authorized agent, that' he waives compliance with the provisions of this section and the said provisions shall be deemed to be waived to the e x t e n t set out in such acknowledgment;
(iv) if the employer or his authorized agent admits liability, to pay compensation, it shall not be necessary for the workman to give any such notice, and the claim for compensation may be made within three monihs after the date of the admission of liability;
(v) the want of a notice shall not be a bar to the maintenance of proceedings if the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident.
(2) Notice in respect of an injury under this Ordinance may be given to the employer (or if there is more than one employer to one of such employers) or to any foreman or other official under whose supervision the workman is employed, or to any person designated for the purpose by thc employer, and shall give the name and address of the person injured, and ,hall state in ordinary language the cause of the injury and the date at which the accident happened.
(3) The notice, if in writing, may be given by delivering the same at or sending it by the post in a registered letter addressed to the residence or place of business of the person to whom it is to be given.
(4) Whrere the employer is a body of persons, corporate or unincorporate, the notice, if in writing, may also be given by delivering it or by
No. 24 of 1956.
A NTIGUA. 22 Vor/kmen's Compensation.
sending it by post the employer, at than one office such body.
in a registered letter addressed to the office, or if there be more any one of the offices of
(5) The workman shall, if required by his employer,. supply to him such further particulars of the accident and of the injury as the employer may reasonably require.
(6) Any person making a false declaration, knowing it to be false, for the purpose of obtaining compensation shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to a penalty not exceeding one hundred dollars.
17. If a woknkman receiving a weekly or halfmonthly payment ceases to reside in the Presidency, such weekly or half-monthly payment shall thereupon be redeemed by a lump sum to be determined by agreement between the parties and if the parties cannot agree, as may be determined by a court on the application of either party.
18. (1) Where a workman has given notice of an accident or where an accident has occurred in respect of which the necessity of giving notice under this Ordinance is dispensed with, he shall, if so required by the employer, submit himself for examination by a medical practitioner provided and paid by the employer.
(2) The workman shall, when
attend upon that medical practitioner at and place notified to the workman employer, provided such time and reasonable.
required, the time by the place is
(3) In the event of the workman being, in the opinion of any medicM practitioner whatever, unable or not in a fit state to attend on the medical practitioner named by the employer, that fact shall be notified to the employer, and the medical practitioner so named shall fix a. tiime and place for a personal examination of tlhe workman and shall send him notice accordingly.
ments to cease on workman ceasing to reside in the Presidency.
after notice of accident.
No. 24 of 1956.
Workmen's Compensation. 23 ANTIGUA.
(4) If the workman refuses or wilfully neglects to submit himself to such examination, or in any way wilfully obstructs or unnecessarily delays such examination, hi right to compensation and to take or prosecute any proceedings under this Ordinance in relation to compensation, shall be suspended until such examination has taken place.
(5) The workman shall be entitled to have his own medical practitioner present at such examinatio,, but at his own expense.
(6) Where the workman is not attended by a medical practitioner he shall, if so required by the employer, submit himself for medical treatment by a medical practitioner selected by the employer without expense to the workman.
(7) If the workman has refused to submit himself to treatment by a medical practitioner when so required under the provisions of subsection (6) of this section, or having submitted himself to such treatment has disregarded the instructions of the medical practitioner, then if it is thereafter proved that the refusal or disregard was unreasonable in the circumstances of the case andl that the injury has been aggravated thereby, the injury and resulting incapacity shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had submitted himself to treatment by, and duly carried out the instructions of the medical practitioner, and compensation, if any, shall be payable accordingly.
(8) Where a claim for compensation is made in respect of the death of a workman, then if thle workman had refused or wilfully neglected to submit himself to examination by a medical
practitioner when so required under the provisions this section, or had wilfully obstructed or unnecessarily delayed the examination or had refused to submit himself to treatment by a medical practitioner when so required under the provisions of this section or, having submitted himself to treatment, had disregarded the instructions of the medical practitioner, and if it
No. 24 of 1956.
ANTIGUA. 24 Workmen's Compensaton. No. 24 of 1966.
is thereafter proved that the refusal, neglect, obstruction, delay or disregard was unreasonable in the circumstances of the case and that death of the workman was caused thereby, the death shall not be deemed to have resulted from the
injury and no compensation shall be payable.
Medical ex- 19. Any workman receiving weekly orhalfamnation of monthly payments under this Ordinance shall, if Workmnn
receiving so required by the employer, from time to time aynients but at reasonable intervals, submit himself for
examination by a medical practitioner provided and paid by the employer and the provisions of section
18 shall apply to any such examination.
No comnipensa- 20. Where under this Ordinance a right to tion payable compensation is suspended no compensation shall for p rio d ofI
suspension of be payable in respect of the period of suspension. right.
Agreements 21. (1) The employer and the workman
for Payment1in tof +
of cpmpensa may, after the injury in respect of which the tion. claim to compensation has arisen, agree in
writing to(a) the amount to be paid by the
employer as compensation in respect of the incapacity of the workman resulting from
(b) any other matter under this Ordinance, and such agreement shall be forwarded to the court which may within three months cancel it and make such order (including an order as to any sum already paid under the agreement) as in the circumstances may be
thought just if it is of the opinion that(i) the sum paid or to be paid was or is inadequate or excessive; or
(ii) the agreement was obtained by such fraud, undue influence, mier presentat ion or other irnmproper means, as would in law be sufficient ground for avoiding an agreement; or
Wforkmnen's Compensation. 25 ANTIGUA.
(iii) the agreement was entered into in ignorance of or under a mistake as to the true nature of the injury.
(2) Any such agreement may on application to the magistrate be made a judgment of the court under this Ordinance.
(3) Where itr is desired to have an agreement made a judgment of the court, a memorandum thereof shall b sent by any interested party to the clerk of the court who shall, subject to the provisions hereinafter contained, on being satisfied as to its genuineness, record such memorandum in a special register, and thereupon the memorandum shadl for all purposes be enforceable as a judgment of the court:
Provided that(a) no such memorandum shall be
recorded before fourteen days after the despatch by the clerk by registered post, of
notice to the parties interested; and
(b) where a workman seeks to record a
memorandum of agreement between his employer and himself for the payment of compensation under this Ordinance and the employer proves by affidavit that the workmnian has in fact returned to work and is earning wages as he did before the accident, and objects to the recording of such memorandum, the memorandum shall only be
recorded, if at all, on such terms as the court
under the circumstances may think just.
22. (1) Where any person (in this section referred to as the principal ") in the course of or for the purposes of his trade or business, contracts with any other person (in this section referred to as "the contractor ") for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall, provided the notice of the accident required under section 16 is given to himn, be liable to pay to any workman employed in the execution
No. 24 of j956.
ANiriG ,'. 26 Workmen's C(onmpcnsatwin.
of the work any compensation under this Ordinance which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed froin or
proceedings are taken against the principal, then in the application of this Ordinance references to the principal shall be substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the workman under the employer by
whom he is immediately employed:
Provided that, where the contract relates to
threshing, ploughing, or other agricultural work and the contractor provides and uses machinery driven by mechanical power for the purposes of such work, he and he alone shall be liable under this Ordinance to pay compensation to any workman employed by him on such work.
(2) Where the principal is liable to pay
compensation under this section he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the workman
independently of this section.
(3) Nothing in this section shall be construed
as preventing a workman recovering compensation under this Ordinance from the contractor instead
of the principal.
(4) This section shall not apply in any case
where the accident occurred elsewhere thuin on, or in, or about premises on which the principal has undertaken to execute the work or which are
otherwise under his control or management.
Compensation 23. (1) If a workman con tracts any disease for occupa- to which this section applies, and the disease is due lional diseases,
onal dishes. to the nature of the employment, and the incapacity or death of the workman results from that disease, compensation shall be payable as if the disease was a personal injury by accident arising out of and in the course of that empiloyment, and all the provisions of ihis )dinan.ce shall applyy accordingly, subject howe xer to the provisions of
No. 24 of 1956.
Workmen's Compensation. 27 AiNTIGUA.
(2) For the purposes of calculating the earnings of the workman in a claim for compensation under this section, the commencement of the incapacity of the workman, or the date of his death if there has been no previous period of incapacity, shall be treated as the date of the happening of the accident, if he is then employed in any employment to the nature of which the disease is due, by the employer from whom the compensation is claimed, and if he is not then so employed, the last day on which he was so employed shall for this purpose be treated as the date of the happening of the
(3) For all other purposes of this Ordinance, the commencement of the incapacity of the workman, or the date of hiis death if there has been no previous period of incapacity, shall be treated as the date of the happening of the accident.
(4) If the disease has been contracted by a gradual process, so that two or more employers are severally liable to pay compensation in respect thereof under this section, the aggregate amount of compensation recoverable shall not exceed the amount that would have -been recoverable if those employers had bzei a single employer, and in any such case those employers shall, in default of agreement, be entitled as between themselves to such rights of contribution as the magistrate thinks just, having regard to the circumstances of the case, in any action brought or application made by any of them for this purpose.
() The disease, s to which this section applies shall be prescribed by Order from time to time of the Governor in Council.
(6) Nothing in this section shall affect the right of a workman to compensation in respect of a disease to which thi: section does not apply if the disease is contracted as a result of an injury in respect of which he is entitled to compensation under the other provisions of this Ordinance.
No. 24 of 1956.
ANTIGUA. 28 Workmen's Cuopq)ensation.
Compulsory 24. (1) Subject to the provisions of this
insurance Ordinance, it shall not be lawful for any person to against workmen's com- employ another person as a workman, unless there pensation is in force in relation to the employment of that claims.
claims workman a policy of insurance or other contract of
indemnity min respect of the liability of the employer in case of the death of or bodily injury to the workman arising out of and in the course of
Provided that this subsection shall apply only
to the employments set out in subsection (3) of this section, unless the Governor in Council by Order published in the Gazette declares that it shall apply to any other employment mentioned in that Order, and the Governor in Council may at any time and from time to time make a new Order applying this subsection to other employments and
may alter, amend or revoke any suoh Order:
Provided further that this subsection shall not
apply where the workman is employed by or on behalf of the' Crown or the Government of the
(2) The Labour Commissioner or any person
authorised by him in that behalf may call for and inspect any policy of insurance taken out under the
provisions of this section.
(3) The employments to which subsection (1)
of this section applies are(a) any employment connected with
building construction and structural work in connection with buildings, if more than three
workmen are engaged thereupon;
(b) any employment connected with any woodworking machinery or sawmill, sugar factory, foundry, docks, wharves or quays and
the loading and unloading of ships thereat;
No. 24 of 1956.
I r" irn's ("ompensation. 29 ANTIGUA
(c) any employment connected with
mining or forestry; and
(d) any employment connected with any
(4) The Governor in Council may, if satisfied that a bond in such sum of money as he may fix entered into by an employer with sufficient sureties offers as good a security for the payment of compensation agreed upon or adjudged to be paid under this Ordinance, direct that such bond be given and that it shall stand in lieu of the insurance required under subsection (1) of this section and every such bond shall be made in favour of the Chief Accountant and be deposited with the Registrar of the Supreme Court.
(5) The Chief Accountant shall, upon any employer failing to pay any sum of money agreed upon or adjudged by the court to be paid as compensation under this Ordinance for the benefit of a workman or his dependants, enforce the bond in relation to that workman and the bond, if given to secure the payment -of compensation in respect of other workmen shall remain in force as regards the other workmen, notwithstanding such enforcement.
(6) Every person who acts in contravention of subsection (1) of this section shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to a fine not exceeding two hundred and forty dollars or to imprisonment for a term not exceeding three months.
(7) Notwithstanding anything contained in any law prescribing the time within which proceedings may )e brought under the Magistrate's Code of Procedure Act, proceedings Cap, for an offence under this section may be brought within a period of six months from the date on which it first came to the knowledge of the prosecutor that the offence had been committed.
No. 24 of 1956.
ANTIGUA. 30 TFOrime 's Co(>mpensatwon.
(8) In subsectimon (:) o(l' thi section, "dangerous operation" means an opration connected with any manufacture, nmchinery, plant, process or description of manual labour in factories, workshops or elsewhere which the Governor in Council may, by notice published in the (azeate, declare to be dangerous to life or limb for the purposes of workmen's compensation.
25. (1) If, after insurance has been effected or other contract of indemnity entered into or a bond securing the payment of compeisation given pursuant to section 24, an employer becomes liable to pay compensation to a workman or his dependants, then notwithstanding anything to the contrary in any policy of insurance contract of indemnity or bond contained, the insurer or person liable to indemnify the employer or to secure the payment of compensation under a bond shall pay the compensation agreed upon or adjudged to be paid, including any sum payable in respect of costs, in the manner prescribed in section 14.
(2) No sum shall be payable by an insurer, or person liable under a contract of indemnity or a bond given to secure payment of compensation under the provisions of this section(a) unless, in the case of compensation
agreed upon between an employer and a workman or his dependants, such insurer or other person liable as aforesaid consented to pay the sum agreed upon as compensation
to the workman or his dependants; or
(b) unless, in the case of compensation
adjudged by the court to be paid to a workman or his dependants, the insurer or person liable as aforesaid had notice of the application to determine the compensation in time to enable him to apply to be added as a co-defendant, if he is so minded: or in respect of any judgment to pay compensation, so long as execution thereon is stayed
Conditions under which Aability for payment by insurer arises,
No. 24t of 1956.
Wr!omen'S ,ompmensat;on. 31 ANTTGUA.
by the court or pending appeal: or in respect of a policy of insurance, if before the happening of the event which was the cause of the death or personal injury giving rise to the liability, the policy was cancelled by mutual consent or by virtue of any
provision contained therein.
(3) If notice of the application to determine any compensation is given to an insurer, or other person liable under a contract of indemnity or bond to secure the payment of compensation, in time to enable him to apply to the court to be added as co-defendant, the court shall add the insurer or other such person as a co-defendant and he shall have the same right to defend the proceedings as if he were the employer.
(4) Where any sum paid by the insurer or person liable to indemnify the employer or to secure the payment of compensation under a bond is covered by the policy of insurance contract of indemnity or bond (as the case may be) by virtue only of this section, such sum shall be recoverable by the insurer or other person as aforesaid from the employer.
26. (1) lEvery employer to whom section Registration 24 applies shall- of emplo ers.
(a) within thirty days after the commencement of this Ordinance in the case of
an employer already in business; or
(b) within thirty days after commencing business,
make application for registration to the Labour Commissioner on the prescribed form.
(2) The Labour Commissioner shall, upon the receipt by him of an application under subsection (1) of this section containing the particulars specified in the prescribed form and on being satisfied that the particulars are correct forthwith register the employer and the particu-
No. 24 of 19.56,
ANTIGUA. 32 Worlonen's (atapeflsatiofl. No24f J6
lars thereof to which the application relates and lie shall issue to the applicant a cerLificate of
registration on the prescribed form.
(3) Where any change takes place in any
of the particulars registered under subsection (2) or this section, the employer shall within thirty days after the date upon which the change takes place, make application to the Labour Commissioner for the registration of the change and the Labour Commissioner shall amend the register accordingly and issue to the applicant a certificate of registration of the change as aforesaid.
(4) The Labour Commissioner may take
such steps as he may consider necessary to ascertain whether the particulars supplied by the employers who apply for registration arecorrect.
(5) Any person who fails to comply with
the requirements of this section, or who wilfully delays or obstructs the Labour Commissioner or any officer appointed by him in the exercise of any power, duty or function under this section shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to a penalty not exceeding twentyfive dollars.
Alternative 27. (1) When the injury was caused by remedies. the personal negligence or wilful act of the
employer or- of some person for whose act or default the employer is responsible, nothing in this Ordinance shall affect any civil liability of the employer, but in that case the workman may at his option claim compensation under this Ordinance, or take proceedings independently of this Ordinance, but the employer shall not be liable to pay. compensation under this Ordinance and damages. Acceptance of compensation under this Ordinance shall not operate as a bar
to proceedings independent of this Ordinance,
No. 24 of 1956'
Torkimen's Conmpensation. 33
(2) If, within the time limited in this Ordinance for taking proceedings, an action is brought to recover damages independently of this Ordinnnce for injury caused by an accident, and it is determined in such action or on appeal that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Ordinance, the action shall be dismissed; but the court in which the action is tried, or, ift the determination is the deternmination on an appeal (by either party) by an appellate tribunal, that tribunal, shall, if the plaintiff so choose, proceed to assess such compensation, but may deduct from such compensation all or part of the costs which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Ordinance:
Provided that the said court or the appellate tribunal may, instead of itself assessing such compensation, remit the case to the magistrate for the assessment of the compensation, and in such case may order the magistrate to deduct from the amount of compensation assessed by him all or part of such costs as aforesaid.
(3) In any proceedings under subsection (2) of this section, when the court or appellate tribunal assesses the compensation, it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction of costs. and such certificate shall have the force and effect of and shall be registered as an agreement under this Ordinance.
28. Where the injury for which compen- Remedies
against ellsation is payable under this Ordinance was pioyer nd caused under circumstances creating a legal stranger. liability in some person other than the employer to pay damages in respect thereof(a) the workman may take proceedings
both against that person to recover damages and against any person liable to pay compensation under this Ordinance but shall not be entitled to recover both damages
and compensation; and
No. 24 of 1956.
4 Vorkmen's Conpensat'ion.
(h) if the workman has recovered compensation under this Ordinance, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under section 22 (relating to liability in case of workmen employed by contractors), shall be entitled to be indem.
nified by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of any such indemnity shall, in default of agreement, be
settled by the court.
INSOLVENCY OR BANKRUPTCY OF
29. (1) Where the employer has entered into a contract With any insurers in respect of any liability under this Ordinance to any workman, then, in the event of the employer becoming insolvent or bankrupt, or making a composition or arrangement with his creditors, or, if the employer is a company, in the event of the company having commenced to be wound up or a receiver or manager of the company's business or undertaking having been duly appointed, or possession having been taken by or on behalf of the holders of debentures secured by a floating charge of any property comprised in or subject to the charge, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in the enactments relating to insolvency or bankruptcy and the winding up of companies, he transferred to and vest in the workman, and upon any stuch transfer the insurers shall have the same rights aiid remedies and be subject to the same liabilities as if they were the employer, so however that the insurers shall not be under any greater liability to the workman than they would have been under to the employer.
(2) If the liability of the insurers to the workman is less than the liability of the employer to the workman, the w-rkrnan may prove for the balance ini the insolvency or
Provisions as to cases of insolvency or
bankruptcy of employer.
A NrlGuA. 34
No. 24 of 1956.
2 Workmen's Corn pension. 35 ANTIGUA.
bankruptcy or liquidation, or, as the case may be, he may recover the balance from the receiver or manager.
(3) There shall be included among the debts which(a) under section 38 of the Bankruptcy
Act are, in the distribution of the property cap. i.
or assets of a bankrupt, to be paid in
priority to all other debts; and
(b) under section 195 of the Companies
Act are in the winding up of a company to Cap. 140,
be paid in priority to all other debts,
the amount due in respect of any compensation or liability for compensation accrued before the following date, that is to say:(i) in the first case the date of the
receiving order; and
(ii) in the second case the date of the
commencement of the winding up
of the company.
For the purposes of this provision where the Lump sum in compensation is a weekly or half-monthly pay- lieou of ment, the amount due in respect thereof shall, paye failing agreement between the two parties, be a lump sum to be fixed by the court.
(4) The provisions of this section with No priority if respect to preferences and priorities shall not insured. apply where the insolvent or bankrupt or the company has entered into such a contract with insurers as aforesaid.
(5) This section shall not apply where a Voluntary company is wound up voluntarily merely for the liquidation. purposes of reconstruction or of amalgamation with another company.
30. (1) If the employer becomes insolvent Employer and is ordered to pay compensation inler this liable for
Ordinance, he shall, if requested, disclose to diseloe whether he is insured against personal injury to insure. or death of the workman employed by him and, if so insured, the name and address of the insurer and the amount for which he is insured,
No. 24 of 1056.
ANTIGUTA. 36 lVorkm'- N. 4o 15i
(2) When the iiurer indemnifies an employer against liability to pay compensation and has used or uses that employer's name or has acted on his behalf in any proceedings under this Ordinance, that insurer shall be bound by the decision given upon those proceedings in the same manner and to the same extent as the employer and the insurer shall indemnify the employer accordingly:
Provided that the liability of the insurer shall be limited by the terms and conditions of the policy of insurance subsisting between him and the employer.
APPLICATION TO SPECIAL CLASSES
31. (1) The provisions of this Ordinance shall apply to a workman in the employment of the Crown where in consequence of injury received by any such workman in the discharge of his duties a pension or gratuity is payable to him or in case of death to his dependants and such pension or gratuity is less than the compensation payable under this Ordinance.
(2) In this section the references to pension or gratuity shall be construed as meaning a pension or gratuity which is payable under any law relating to pensions in a case of injury received or death occurring in the discharge of duty in the service of the Government of the Colony as defined in such law and which would not be payable if the injury were received or the death occurred otherwise.
32. (1) In the application of this Ordinance to workmen in the employment of a local authority, the exercise and performance by it of its powers and duties conferred and imposed by law, or by-law or regulation shall be regarded as the trade, business or undertaking of that authority.
(2) The provisions c the last preceding section shall, mulatis mutandis, apply in respect of a workman in the employment of any local authority where provision exists by law or by-law or regulation for the grant of a pension
Application to workmen in the employment of the Crown.
Application to workmen in the employment of a
No. 24 of 1956.
W[orkomen's Compensation. 37 ATiottA.
or gratuity to such workman in the case of an injury received by him in the discharge of his duties, or to any other person in the event of the workman's death resulting from that injury.
88. (1) Tiis Ordinance shall apply to masters, seamen, and apprentices to the sea service, provided that such persons are workmen within the meaning of this Ordinance, and are members of the crew of any ship registered in the Presidency, or of any other British ship or vessel of which the owner, or (if there is more than one owner) the managing owner, or manager resides or has his principal place of business in the Presidency, subject to the following modifications:(a) the notice of accident and the
claim for compensation may, except where the person injured is the itiaster, be given to the master of the ship as if he wNere the employer, but where the accident happened and the incapacity commenced on board the ship it siall not be necessary to give any
notice of the accident;
Application to persons emp]oyed on hips.
(b) in the case of the death of the master, seaman or apprentice, the application for compensation shall be made within six months after news of the death has been received by the claimant;
(c) where the injured master, seaman or apprentice is discharged or left behind in a British possession or in a foreign country, depositions respecting the circumstances and nature of the injury may be taken by any Judge or magistrate in the British possession, and by any British consular officer in the foreign country, and if so taken shall be transmitted by the person by whom they were taken to the Governor, and such depositions or certified copies thereof shall in any proceedings for enforcing the claim b1e admissabl in ev idene as provided in sections 691 and 695 of the Merchant Shipping Act, 1894, and those sections shall 5 & 58as viet. apply accordingly; c. 60.
No. 24 of 1956.
(d) in the case of the death of a master, seaman or apprentice leaving no dependants, no compensation shall be payable, if the owner of the ship is under the Merchant Shipping Act, 1894, liable to pay expenses of burial;
(e) the weekly or half-montlly payment shall not be payable in respect of the period during which the owner or the ship is, under any law in force for the time being in the Presidency relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman or apprentice;
(f) any sum payable by way of compensation by the owner of the ship under this Ordinance shall be paid in full notwithstanding anything in section 503 of the Merchant Shipping Act, 1894, (which
relates to the limitations of shipowner's liability in certain cases of loss of life, injury or damage), but the limitation of the owner's liability imposed by that section shall apply to the amount recoverable by way of indemnity under section 28 (relating to remedies both against employer and stranger) as if the indemnity were damages for loss of life or personal injury;
(9) subsections (2) and (3) of section 174 of the Merchant Shipping Act, 1894 (which relates to the recovery of wages of seamen lost with their ship), shall apply as respects proceedings for the rvc'wery of compensation by dependants of masters, seamen and apprentices lost with their ship as they apply with respect to proceedings for the recovery of wages due to seamen and apprentices; and proceedings for the recovery of compensation shall in such a case be maintainable if the application is made within 1S months of the date at which the ship is deemed to have been lost with all hands.
14o. 24 of 0956.
Workmen s Comnpensation 39 ANTIGtA.
(2) This Ordinance shall also apply to any person not being a master, seamen or apprentice to the sea service, employed onil board any such ship Ias is mentioned in this section, if he is so employed for the purposes of the ship or of any passengers or cargo or mails carried by the ship, and if he is otherwise a workman within the meaning of this ordinance .
84. (1) If it is alleged that the owners of Detentionof any ship are liable as such owners to pay compen- ships. sation under this Ordinance, and at any time that ship is found in any port of the Presidency, or within three miles of the coast thereof, a Judge of the Supreme Court may, upon its being shown to him by any person applying in accordance with the rules of court that the owners are probably liable as such to pay such compensation, and that none of the owners reside in the Presidency, issue an order directed to any officer of customs or other officer named by the J udge requiring him to detain the ship until such time as the owners, agent, master, or consignee thereof have paid such compensution, or have given security, to be approved by the Judge, to abide the event of any proceedings that may be instituted to recover such compensation and to pay such compensation and costs as may be awarded thereon; and any officer of customs or other officer to whom the order is directed shall detain the ship accordingly.
(2) In any legal proceeding to recover such compensation, the person giving security shall be made defendant, and the production of the order of the J udge, made in relation to the security, shall be conclusive evidence of the liability of the defendant to the proceding.
(3) Where a complaint is made to the Governor that before an application can be made under this section the ship in respect of which the application is to be made will have departed from the limits within which she can be arrested, the ship shall, if the Governor so directs, be detained for such time as will allow the application to be made and the result thereof to be communicatd to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention, if made in accordance with the directions of the Governor.
0. 24 of 1956.
40 orkmnten6 (o),nsa/,ion. No. 24. of 1956
si. At(4) Section 692 of the Merchant Shi)pping s '. Act, 1894, shall apply to the detention of a ship
.60. 8 At 84
under this Ordinance as it applies to the detention of a ship under that Act, and, if the owner of a ship is a corporation, it shall for the purposes of this section be deemed to reside in the Presidency if it has an office in the Presidency at which service of
writs can be effected.
(5) Where a ship has been demised to
charterers, the provisions of this section shall apply to claims against the charterers of the ship as they apply to claims against the owners of a ship with
the substitution of charterers for owners:
Provided tha~t no ship shall be detained on a
claim against the charterers of the ship after the expiration of the term for which the ship is
demised to them.
Workman 's right to apply for conmpensation if no anionyt agreed in four weeks,
All claims to he determined by magistrate.
35. If an employer on whom notice of the accident has been served as aforesaid does not within four weeks after the receipt of the notice agree in writing 'with the workman as to the amount of compensation to be paid, the workman may make such application as in this Ordinance is provided for enforcing his claim to compensation.
36. (1) All claims for compensation under this Ordinance and any matter arising out of
proceedings thereunder shall be determined by the maCistrate's court of the district in which there occurred the accident in respect of which the claim for compensation arose whatever may be the amount involved. All such questions shall be
determined upon application made to such magistrate in manner provided by this Ordinance:
Provided that-(a) a claim may be had and taken in a
magistrate's court of a district on which both
parties mutually agree;
(b) the Governor in C(tuncil from time to
time mnay, for the convenience .)f )parties and the saving of expense, by order, direct in what magistrate's court proceedings for compensation may be taken in respect of
accidents occurring in any area specified in the
Workmen's Compensation. 41 ANTIGUA.
(2) (i) The court may, subject to regulations Reference by
made under this Ordinance, submit coltromedito a medical referee for report any matter of a medical character which seems material to any question arising in the course of the proceedings before the court;
(ii) when the court has decided to refer
a matter to a medical referee by virtue of the provisions of paragraph (i) of this subsection, the court shall fix the time within which the parties may come to an agreement as to the choice of a medical referee, and failing such agreement, the court shall refer the matter to a medical referee chosen by the court;
(iii) a medical referee to whom any such
reference is made shall, in accordance with regulations made under this Ordinance, g-ive a certificate of his findings and such certificate shall be conclusive evidence as to the matters
(iv) regulations may be made by the
Governor in Council for prescribing the duties of the medical referee in cases of reference made under this subsection and the forms to be used.
(3) No application for the settlement of any matter by the court shall be made unless and until some 1,,estiom has arisen between the parties in connection therewith which they have been unable to settle by agreement.
3 7. (1) A workman or an employer (here- Application
inafterfor compeninafter called the applicant") who desires the station to be determination of any question arising out of an lodged with accident t in which compensation is or might be alc ofcourt claimcdt shall lodge with the clerk of the magistrate's by particucourt a written application in the prescribed form lars. accompanied by particulars containing-
No. 24 of '1956.
(a) a concise statement of the circurmstances under which the application is made and the relief or order which the applicant claims, or the question which he desires to
(b) the full name and address of the
applicant and of his attorney or agent and the
name and address of the respondent.
(2) If the application be made by an employer it shall be accompanied by a statement whether he admits his liability to pay compensation, or denies such liability and whether the admission or denial is total or partial, and if he admit or deny liability partially, a statement of the extent to which he admits or denies liability. In the case of a denial of liability the grounds shall be stated.
(3) If the clerk of the court be satisfied that the applicant is, owing to illiteracy, blindness or any other physical cause, unable to furnish the information required, he shall himself fill in the application and particulars on the prescribed form.
88. (1) As soon as an application,
together with the accompanying particulars
and statement herein prescribed, has been lodged the clerk of the court shall forthwith cause a copy thereof to be served upon the respondent together with a notice requiring the respondent to lodge with the clerk of the court such answer as is prescribed in subsection (2) of this section within the period therein prescribed and that in default of his complyillng with that or of his appearing at a time and place fixed in the notice, sich order may be made under this Ordinrance as the magistrate thinks just and expedient. Except with the written consent
of the respondent communicated to the clerk of the court, not less than fourteen clear days
shall elapse between the date of the service of the notice upon the respondent and the
date fixed for hearing the application.
Copy of application and particulars to be served on respondent.
No. 24 of 1956.
IVorkmen's Compensation. 43
(2) if the respondent intends to oppose an application he shall, within seven days after service of notice, or within such extended period as the magistrate may upon special request allow, lodge with the clerk of the court written answer containing a concise statement of the extent and grounds of his opposition.
(3) The magistrate may, at any time before the determination of the question in dispute and upon such terms as to adjournment or as to costs as he deems just allow an application, or any particulars or statement accompanying the same, or any answer thereto to be amended. Any such amendment shall be lodged with the clerk of the court who shall forthwith cause it to be served upon the
89. Save as is specially provided in this Ordinance a magistrate's court shall, upon or in connection with any question to be determined thereunder have all the powers and jurisdictions exercisable and be subject to all the duties and obligations to be performed by a magistrate's court of the district in or in connection with civil actions in such court and the law, rules and practice in such civil actions shall mutatis mutandis apply; and any order made by a magistrate under this Ordinance may be enforced as if it were a judgment or order of the court.
40. (1) If the workman at the hearing of an application be incapacitated by reason of the injury in respect of which the application is made and if further it be uncertain whether the icapacity is temporary or permanent, or if permanent, whether it is partial or total, the magistrate may, if he is satisfied that the workman is entitled to compensation in the event of the incapacity being permanent, adjourn the hearing for a period or periods not exceeding twelve months in all, reckoned from the date of the accident causing the injury and may make an interim order that
the employer shall, in the meantime, pay such
Magistrate to have power and jurisdiction of magistrate's court.
Magistrate may adjourn hearing for twelve months where there is doubt as to degree of incapacity.
No. 24 of 1956.
rXNTIGUA. 44 IVorkmnen's Conpensation.
compensation to the workman as is provided by this Ordinance in the case of temporary incapacity for work or permanent partial
incapacity for work, as the case may be.
(2) If the workman at the hearing of an
application be not incapacitated but there is reason to believe that the injury sustained by him may ultimately result in his permanent or total incapacity for work or in his death, the magistrate may adjourn the hearing for a period or periods not exceeding twelve months in all, reckoned from the date of the accident causing the injury, so that the workman may retain his right to recover compensation in the case of permanent incapacity, partial or total, resulting ultimately from the injury, or the dependants retain their right to recover compensation in the event of the workman's
Power of 41. The magistrate may, in his discremagistrate to nio onteyo "~t
uebmit tion, on the application of either party to any submit ques- n
tons of Ian. proceedings before him or of his own motion
without such application submit any question of law in the form of a special case for the decision of a Judge of the Supreme Court, and if he does so, shall decide the question in
conformity with such decision.
Appeals to 42. (1) An appeal shall lie to the
Supreme Supreme Court from any order of a magistrate
Court. where(a) a question of law is involved;
(b) the decision was one which the niagistrate viewing the evidence reasonably
could not properly make:
Provided that from the following orders of a
magistrate, namely:(a) anl orde, awardintg as compensat on a lumtip sum, or disallowitng a claim in
fall or in part for a lamp sum;
No. 24 of 1956.
No. '24 of 19~iA; TTori in en ','~ Oolflpefl8a/iofl 45 ANTIGYJA.
(b) an order providing for the distribution of compensation among the depenlants of a deceased workman, or disallowing any claim of a person alleging himself
to be such a dependant;
(c) an order allowing or disallowing
any claim for the amount of an indemnity under the provisions of subsection (2) of
section 22; or
(d) an order refusing to register a
memorandum of agreement or registering
the same or providing for the registration of
the same subject to conditions,
no app,,l shall lie against any such order unless the amount in dispute in the appeal is more than two hundred and forty dollars.
(2) Notwithstanding anything herein contained, no appeal shall lie in any case in which the parties. have agreed to abide by the decision of the magistrate, or in which the order of the magistrate gives effect to an agreement come to by the parties.
43. Save as provided in section 44 the Provisions of provisions of the Magistrate's Code of Procedure Maistate's Code of ProAct for the time being in force relating to cedure At to
special cases and to appeals in civil proceedings apply to Speial cases and
from a magistrate to a Judge of the Supreme appeals. Court shall apply to and govern any special case submitted to the Judge under section 41, Cap. c1. and, subject to the provisions of subsections (1) and (2) of section 42, any appeal to a Judge of the Supreme Court under this Ordinance.
44. Notwithstanding the provisions of sec- Decision of tion 196 of the Magistrate's Code of Procedure Judge of Snpreme Court
Act the decision of a Judge of the Supreme inspecial cases Court in avny special case submitted to him or in and appeals to be final.
any appeal under this Ordinance shall be final, Cap. 61.
45. Any provision in a contract of employ- No right to ment existing at the commencement of this contact out of Ordinance,
Ordinance, or thereafter entered into, whereby a workman or his dependants relinquish ainy right to compensation under this Ordinance or to damages
No. 24 of 195C,
ANTIGuA. 46 Workmoen's comenciation.
Appointment and remuneration of inedionl referee.
Appliontion for 47. (1) Where a workman has submitted reference to himself for examination by a medical practitioner, medical
referee, or has been examined by a medical practitioner
selected by himself, and the employer or the workman, as the case may be, has within six days after such examination furnished the other with a copy of the report of that practitioner as to the workman's condition, then, in the event of no agreement being come to between the employer and the workman as to the workman's condition or fitness for employment, a magistrate, on application being made to him by one or both parties, may
refer the matter to a medical referee.
independently of this ()rdinanee whetlwr for the workman or for any depedmants shall be will and void.
46. (1) The Governor may appoint any medical practitioner to be a inedical referee for the purpose of this Ordinance and may revoke any such appointment at any time.
(2) Any appointinent made under the preceding subsection, or any revocation of any such appointment, shall take effect on the date of its publication in the Gazette.
(3) The remuneration of, and other expenses incurred by medical referees under this Ordinance shall, subject to regulations made under this Ordinance and except so far as they are defrayed by fees received from the parties under this Ordinance, be paid out of moneys provided by the Legislative Council.
(4) Where a medical referee has -been employed as a medical practitioner in connection with any case by or on behalf of an employer or workman or by any insurers interested, he shall not act as medical referee in that case.
(5) The number of medical referees appointed by the Governor shall be at least three at any time:
Provided that the reduction, below three, of the number of medical referees shall not invalidate any reference to, or any certificate given by, a medical referee.
No. 24 of 1956.
2Vor/nien's Cmpensation. 47 ANTIGUA.
(2) In the case of an application made by both parties under the provisions of the prtceutilg subsection, the magistrate shall refer the matter to a medical referee chosen by both parties, but, if such parties ctnnot agree on the choice of a medical referee within such time as may be fixed by the magistrate, the magistrate shall refer the matter to a medical referee chosen by him.
(3) The medical referee to whom the matter is so referred shall, in accordance with regulations made under this Ordinance, give a certificate as to the condition of the workman and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclusive evidence ,s to the matters so certified..
(4) Where no agreement can be come to between the employer and the workman as to whether or to what extent the incapacity of the workman is due to the accident, the provisions of this section shall, subject to any regulations made under this Ordinance, apply as if the question were a question as t6 the condition of the workman.
(5) If a workman, on being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been so referred as aforesaid, or in any way obstructs the same, his right to compensation and to take or
prosecute any proceeding under this Ordinance in relation to compensation, or, in the case of a
workman in receipt of a weekly or half-monthly payment under this Ordinance, his right to that weekly or half-monthly payment shall be suspended intil such examination has taken place.
48. Every employer in any industry to Employers to
which the Governor may direct that this section "ak returns of injuriess.
shall apply and every insurance company shall, on or before such dsy in every year as the Governor may direct, send to the Labour Commissioner a correct return specifying the number of injuries in respect of which compensation has been paid by such employer or insurance company, as the case may be, under this Ordinance during the previous year, and the amount of such compensation
N'.o. 24, o f 195 6
ANTItuA. 48 Wforkmen's Compensation.
together with such othor particulars as to the corntogether with ich other p)articuLars :s to tIh conmpensation as the Governor may direct and in default of complying with this section any such employer or insurance company shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to a penalty not exceeding fifty
Display of 49. (1) There shall be displayed at or near
notice, every mine, quarry, factory or workshop a notice
containing such abstract of this Ordinance and the regulations made thereunder as may be prescribed
by the Labour Commissioner.
(2) Any person who fails to comply with the
requirements of subsection (1) of this section shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to a penalty
not exceeding ten dollars.
Regulations. 50. The Governor in Council shall have
power to make regulations for(a) prescribing the procedure and forms in respect of matters to be done under this
(b) matters which are specifically mentioned in this Ordinance as being matters which may be prescribed by regulation; and
(c) generally for carrying out the objects and provisions of this Ordinance.
Enforcement. 51. The Labour Commissioner may
institute or cause to be instituted any prosecution for the purpose of enforcing any of the provisions of sections 26, 48 and 49 and any officer of the Labour Department may appear as prosecutor for and on behalf of the Labour
Revocation of 52. The declaration embodied in section 2 declaration of the Workmen's Compensation (General and repeal.
911937. Legislative Competency) Ordinance, 1937, is
hereby revoked and the said Ordinance is hereby
No. 24 of 1956.
No. 24 of 1956. Workmen's Compensation. 49 ANTIGUA
58. This Ordinance shall come into commenceoperation on a day to be appointed by the ment and Governor 1) )roclamation published in the vn Gazette, but shall not apply in any case where the accident happened before the commencement of this Ordinance.
Passed the Legislative Council this 28th day of August, 1956.
F. A. CLARKE,
Clerk of the Council.
SCHEDULE. SECTION 8(1)(c)(i).
In iury Disablement
Loss of two limbs
Loss of both hands or of all fingers and thumbs Total loss of sight
Injuries resulting in being bedridden permanently ) 100 Any other injury causing permanent total disablement Loss of remaining eye by one-eyed workman Loss of remaining arm by one-armed workman Loss of remaining leg by one-legged workman Loss of arm at shoulder ... 80
Loss of arm above elbow ...... 70
Loss of armn below elbow ... ... 60
Loss of hand at wrist ... ... 60
Loss of four fingers and thumb on one hand ... 60
Loss of four fingers ...... 45
Loss of thumb-both phalanges ...... 35
one phalanx ...... 15
Loss of index finger-three phalanges ... 15
two phalanges ... 10
one phalanx ... 8
Loss of middle finger-three phalanges ... 8
two phalanges ... 4
one phalanx ... 2
Loss of ring finger-three phalanges ... 8
two phalanges ... 4
one phalanx ... 2
Loss of little finger-three phalanges ... 5
two phalanges ... 3
one phalanx ... 2
Loss of minetacarpals--first or second (additional) ... 5 third, fourth or fifth (additional 5
ANTIGUA. 50 Workmen's Compensation. No. 24 of 1956.
Tufu ry. Disable m n t
Loss of leg-at hip joint ... ... 75
above knee ... 70
at knee ...... 70
below knee ..... 60
at ankle .... 40
Loss of foot-at ankle... ... 40
above the junction of the foot with toes 35 Loss of toes-all ... ... 35
great, both phalanges ... 15
great, one phalanx ...... 15
other than great, if more than one toe lost each 3 Loss of eye-eye out ...... 40
sight of ... ... 40
lens of ... ... 30
sight of, except perception of light ... 40 Loss of hearing-both ears ... ... 70
one ear ...... 2 0
Total permanent loss of use of member shall be treated as loss of member.
The percentage of incapacity for ankylosis of any joint shall be reckoned as from 25 to 100 per cent., of the incapacity for loss of the use of that member, according to whether the joint is ankylosed in a favourable or unfavourable position.
In the case of a right-handed workman, an injury to the left arm or hand and, in the case of a left-handed workman, to the right arm or hand shall be rated at ninety per centum of the above percentages.
Where there is a loss of two or more parts of the hand, the percentage of incapacity shall not be more than for the whole hand.
A one-eyed workman who on entering employment has failed to disclose that fact to his employer shall, if he loses his remaining eye, be entitled to compensation in respect of a degree of disablement of forty per centum only.
For the purposes of this Schedule, a one-eyed workman means a workman who has lost the sight of one eve.
Printed at the Government Printing Office, Antigua, Leeward Islands,
by EARUL PIGo'r'rTT, Acting Oovernment Printer-By Authority.
A 47/8-560 -9.56.
[Price 70 cents.]