i 00ANTIGUTA, M1ONTSEREyAT Y'4.
VIRGIN IS LANDS GAZI Ti.
Jz iishec/ by au'zt/o'tty.
S VOL. 11. THURSDAY, 14aTH FEBRUARY, 1957. -o
No(t iceS. No. 16. j'i rgin I,&tnds.
__________The Acftizig Governor ha,, ti is (lay No. 42 of 1956. "Hesol tion (11 fltIt is lieteli notice,( for grceneral been pleased to assist to tile under Lo--islativ( f,Ittiil of tilt NVtrgiul
infrmaiontha t e oven ot- nentjoied (Itd lilies :-- Kla ids dii ted N isember 19, 19;5.
inflat in txcht lo- v T \iJior Msi made nulder seefliol 1,iS of til C'usocopne ny Mrs.o totios I);itis Ai]'iaiict. I 9)27 (No. 9 of
XVI LLIA.11S. wvill msives in A ntitpu~i by No. I of 19.>57, -Tl~ Ak[ italTrea~t- 1927), as :o' i-d'il. I pp Pi ice 3f'. B3ritish West Indies Airways on ment Ordinlance, 19.56 Sattor( av. tlhe 23rd l'*.ouv 5.Statement of Currency Note
8th elntar, is;, Circulation in the British 2. A ftrtber anuoncernent will Rde. No. 47/o0 158. Caribbean Territories (Eastbe issued i il ittw ou concetnin2, ern Group) on 1st January.
the arrangetnet it for the rece lit ion ffontt5e'Ptat. 19157.
ad o heGvior o Iof 957 4Tt keo;.re A veraige circulation dotinig Ni ~vrdei-it.Ordiniime, 19'5 7 ". e 195:
Chif~eceflr'sQ~i,;,Bfr. ('aribI ieat i I r-$ Chie Seit t~e/'s0/le, thi 1Felit-iavx 1'-7 reincy i,,otes r8.5]I 6,6(,8.00
Antilu(I )etinnetizeil Go(v't.
9/h Febroo' ,, I 957. C/hief Secretary's, fice. ,ie neadn 19970
Ref. No. P. F. 672. Aniiqua *Ntsottidg 119970
_____ .. -7th February, 19.57. 5 ),
Ifot iobnI notied for general Ref. No. 47100482.Br anbe Crtcy oesn
informath lat, with the cottir-fi.Crfha uen Ntsn
rence of t he S-ecretary of State for No. 17. circillationl oil let ,Jati ntirx, 19,)7:
the Colonies, Mr. D. H. A. McNamara, The following (rdiiiaiices and Slruiii im
Magistrate, An tigma itt beo)n1 appoilint- Statutory Rules anid Orders at- ctr- Tlrilosl (,g 294,1365.00' ed Crownt Attire. ~ St. Kit ts-Nevis. naetwt hs aet tilfr litiasl (iin ..1,55,3,61'.00
Anguilla, InI snc'estoln to Mr. W. E. putt iht hihereof:-dfoi 11-til Grena al ... 12,41.100.(
Jacobs wltose appoiin utet as Attrtney utteef-veia..260100 General of thfi Lerdttu Ihlais htas ORDINAN(J'ES. St. Vincent ... 419,400.00
aireaily been armttnedt. Mr. Mc St. Lutcia ... 1,.034,0)00.00
Namara is ex 1iected to tace up his new Virgin Islantds. Doinittica ... 1,479,400.00l
appojittnent on or about the 10th Atigua...,7,3.0
Febriai~y 19157. No. 16 of 1956. -Tho Pounrd St. Kitts ... 1,546i,50000
(Amendnment) Ordliianc, 1 956." Montserrat ... 307,405.001
Cief 01/16rs NYc," 2 pp MI','e 4 -ents. ____A nvtitw. I Ta)L- fir. (ta il)heli
9th Fe 1a 1957. No. 17 of 1956, "The Juiterpreia- (Thiteuty _Notes ... 63,105,107.00
Ref. No. C.PF.:;,.:;. tion tool GenerNI1 Claus-s Act (A tnd___________________ men t) Ordinance, 1956. Demntetized Tlrinuid
A Crtifial ofNauraisaio No 12 pp. Price 4 cents. and Tobagto Gov't.
A (ertfict eof atralsaton o. KtoH ontstanidiig ... 776,283.00
of 0957 dlited the 23rd'.*in mar\. 1957, No. IS of 1956, The Puiblic Assist- Dentoutetizel Br. bas lieen gran te- to Dr. Zdzislaw Piotr anee Ordinance, 1956.'' Giana Gov't. Walczak of Plymiouth, Iot,-~errat. 6 pp. Price~( 8 cents. Notes outstantig ... 281,162.00
under the Biritish No.io20lofy1956,
1948. Noioalt Act of196,-he Cr initial Dernoitetized Barbados
Procedure Act (Aiewtnent) Ordi- Gov't. Nittes,
Chief Sevwretar!'a 0/lice. nance, 1956;. 11)1 Iliice e*c outstanding ... 73,540.0
Leeward Islands, N.2 f15, TeIdcmns Ttl(enntz(
Antigwi.No21o196- e nltmnsTtldrotid
(;1h February, 1957. Act (Ainendment) Ordiance, 1956." Government Notes
Ref. No. 56/0001:1. 1 pp. Price 3 cents, outstanding ..1,130,985.00
STATUTORY RULES & ORDERSk'. Total virculationi onl
The Admninistrator of Antigua has 1st jailt., 1957 ... 64,236,092.00
appointed tite iinderintioned Mar- Antig~ua. L. SPENCE,
riage Officer for the Colony of An- No50o19,"'heTbell cuteCntmsine.
tin:Gordon Schemie." 7 pp Price 10c. Bi-iti,3h Catribbean
Rev Cal CrusMurayNo. 3 of 1957. Proclamation date d Brilish Caribblean Currency Board,
Administralor'8 Qflice, January 23, 1957 niade by the Gov- Treasmury Chambers,
Antigua. ertior under section 34 of the Edttca- Port of Spain.
11th lFebruary. 1957. tion Ordlinance, 1956 (No. 11 of 1956). Trin idad B. WV. L
Ref. No. A,8/4, 1 pp Prie 3o Ref. No. 2-000087.
34 THE ANTIGUA, MONTSERRAT ANI) VIRGIN ISLANDS GAZETTE [Fel)ruary 14, 1957
Statement showing British Caribbean Coin fictions and the Certificate of the TRADE MARKS OFFICE,
Circulation in the British Caribbean Comptroller General of the Ullited TOItTOLA,
Territories (Eastern Group) on Ist Kingdoin llat- iit Officto givin- full 13HITISH VIRGIN ISLANDS.
January, 1957. PArticulal- of this Pateot Which NvUl 24tb Jamutry, 1957.
be open to public inspection at the
Aver;tfc circulation ollirilia said Office at uly tillik. between. the '11. H. 11" S'11 A, 13 ROOKS Co., 1,1111TED. of 6201 Park Avenue, Montreal, November, 1956 $2,761,768.00 of 9.00 aivi :t.'30 p.tii. on
Trini&id &'Pobago $I,'_'48,800-Q() workiiig days txeept oil .iaturdays Canada, Meroliants have applied for Rtroados 454,77.5.00 when the li'mirs will be froin 9.00 Relgistration of two Trade Marks
Brilisli cuialla ) -, "'. () 0 ....... to t2 noon. consisting of tile following:(41-ilacia 131,825.00 Any person ni:ly wit-Iiin hvo inonthr
(. Vincent 86,500.00 fl-oll, tile (late o'f tbisadvertisement
st. Lucia 115,150mo give notice to the U--istrar of opposi- _'0Q E
[)oliiinich 83,450.00 tio, to file issue 4d' a certificate of
Antifila 107,000.00 registration upon ally ol' tbe grounds RED R
st, Kitt.-, 97,7,50. 0 reserib,-dinS,-(-tion 10oftbel'atents
1 1,,itt, erntt 16-6,500) Act, 1906, for opposition to ,be grant
Pr('o" Sets 1,870.00 of Lettors Pat(lit. (2)
$2,927,74.5.00 Dated tl), 24tli day of-laiiiinry, 1957. L. KPv-.iC,-,
Execittive Commissioner 11. ALEX. i1KIS, sON,
Br. Caribboan Currenev Bom.d. Holistral.,
.1-1 e a d (I i i a r t e rs,
Britisii Giribbean Carrency 114) ird, Ro(vi Towti. "'o, tolil.
Treasury Cliambers, "T
Port of Spain.
Trinidad. TIMDE )TARI 0 FF1 C E, V
Ref. No, 24/00087.
11, (; I N I Sll, A N DS.
"Itli J;oioary. 1957. fi
ACQUISITION OF LAND. 13102, O'N & 11FI)GES of 100 Park
Notice required under section 4 of the Avenuo, Now Y,)rl(, Skite of New Land Acquisition Act, 1944 York, US. \. ii !vo awdi ,d for regis- in cl:iss 42, that is to s tv: Sul)stances
(No. 11/1944). ti-atiOll Of W 4" Tl'Adt- Akoll C,)IISistiDg USe(1 as food or as illgredints in foodof thp Tbt, Olat they
Notic", is hwr djv V n that it
bave listed tho ,, dd Tr-mif, Al a I
(,,ovtq.nol. if) coulp-il
illat t1lo 1 tnds (iescrilwd ill ihe respcot of tile said "ood, for JULYsovell yoto o tbo, dRt i of i beir
w d -s belorPar iq a ita Ba v i I s (.11- [slal)d of ;iaid API)li(
Tortola lre lfl ol v to J)" ll,-odi of for a Any persim in iy wifl;in ffiree,
pllrlw ,o wilicil it) file ol)ifl;(,l1 ol, flic
111oll"lls lroll) tile ti'llf, of jw first,
governorr in Council is a public pur- appe lranee of Ole Ad\t,,viisnit nt in
pose, lialTiely to erect aild e' iabli ll a the Alil yua. J1(n1!,wvr(4t mull VirginStocl F .rw AN] i t 1 at it ito lflaj e a sur\ov of t1lo h5l(lmb; Utpzptle. give notice in dupliat(, at the Trade Alarl;s Office. British
said Larid. C
Virgin 1-slands of opposition to rogiaSchedule A bv trati on of tho said Trade Marks.
A 1'iece or p:lrop) of' Lind
.111,4 Lpprrximaleiy 1.13 acr, s ijown H. ALEX BFS 'SON,
as t1w Piiraquit t. BaY Eij,;tte aild FILTER
Situate at panuliliia Rl, ill dw isialld MOUTH IECE Regltshwr of Tiw!W _1T(irr1r&
of Tortola owllt_-(1 b Atxlzl [) 1).
: iil.,aj tb ;016Es MEW YORK
Dated 21st (htv of Janoory. 1.1.57. TRAFFIC NOTICE.
Af. TITLEY, The Antigua Vehicles & Road
17,-H of the ( ollncil. Traffic Ordinance, 1946.
Aeh)iini, iralor' s 01lico,
To),tola, ill Class 45, Hutt is to say: Cigarettes.
.British Fbvill Islan(I"t.
Ilef. Ni,. 79100062. The Applicants ciaim tbat they By virtue of the powers confe:-red
- 1mve Ow s:tid Trad- )tTark in on tile ill ',-wetion 2 of the Antigua
VIRGIN ISLANDS respect of Ulu -aid -oods for seven Vehicles and R(,ad Trallic 0 -dinaijce,
vars 11 4ort- tilt, d, 1946, No. 5 of 191f; I 1)(-reby fix the
The 1 -git4tration of U'iiiti ol Kingdom .1 vo of t1joir said eriod hereundor for tbe 1i -lltill! of
Pat, iits Act. velliel-l";.
N0-K,'E 1, IIHItEBY GIVEN that, thrive Until filrtiwr lv;tice, tll(' ligliting
nionths froni thc date 4 Ylie first
1110( 'I f 1 :%IJE G FT mit (of. ill(, "liolvertisellielat in 1wriod of vc4hioles, sliall be from
BP UIJPA.111KTP IL 1-1AFT1TXG' of j!'le Anli.(Ple(, Muntselrral (.ttid flirqin 6.15 p,111. to 6.10 a.111.
Kowfl. T vrol, Austria, li tvo-. appli-d Isl(tn(h -ivo notice in duplifor r,,,i tractionn of United Kingdoin cate at tile Trade Allarl s Office, British Dated this 2901 day of January, Pat-!i( No. 734232 dated tlie 2-2nd day Virgin 14-nds of opposition to regis- 1957. of April. 19.53, and i,-,stiod tli-- Iftli traction of' t1w said Trade Nfark; E. M. V. JAMES,
Noveili))-r, 19.5.5, :tud liavi, lilt d tt tbe Traffic CommissionerRet Ollie-. at, Rwd T( wn, 11. ALFX BES,0N,
Tort'lla, a compk-te colly of floe speci- i%'eyistraiwf Tret(le Jfarks. Rer. xo. :i (*)loot l08.
IV )rtmrv T11111" ANTIGUA. MONTSERRAT A-iN--D VflkGf.\- ISL NPS GAZETTE 3,
In the Supfeni-. iCotirt of the 'OVindward 'Islands and Leeward Islands,
On Arlpeal from the --,VIaoistrate*s Court, District "B".
Appeal No. 1.0419,56.
(ti"d lp/w//an is
FILAINCI ,' PINILRERT
b,( 10? Ll'."tivis .1.
S. 'F. QP. ior tiio- Apj) Aliw's
C. E. Vp,% Ncls for tll, Re"poll(lelit.
28th January. 19.57.
11Y a complaint tf tte(l tile 2,501 day of.lanuar.v, I J,56 file(I by the Respond(AnG's Solicitor the Appt: llarlts were
-liar,ed that they oil tile 31st da v of D-ceii-lber, 1955 at All Sitints Villagxe were guilty of persistent trespass after, Jilaving be(-11 (1111y wartiod ". Aliisel for tlie Appellants pointe(l out tilat. lio reference. was inaflo ill tile colliplailit either to any section) ol' to a"N' Aot or Or(linaiw- to in'licate iin(ler wliat law the complaint was brought. H(-, howev"r, refel rod to and rea(i sectioii 48 of tlie Small Cliar-, s A(,t, ('ap. 67, and said that it was appart-n tile Njaoistrate allot b\ Iiiinself, and Counsel foi. tile Rc, D,)Tldent, timi, Otis was the section and the Act, under witch the t-]iarge iliontiont-ol ill t1le Complaint was inten(leol to be Jai(i, allt] tit(, complaint as filed was accor(fingly lieard oil that ass 1111-1 pl o) 1.
St-ction 46 of Ole iol;tll Cliarges Act rowis as ff)llc)ws:"All v person %vllo persists ill conlill,, or rolllainin- oil :illy plantation, larils or premises, aftr beillf,
wal-netl lio to Colo, I lereolj, or to (lepart tberofr )11), ""Irill he to a thie not excee(liw-, five poitn(ls or to
iinprisonition! For it torm llot excee(iill- two fliontlis."
wils i),- Collosol for tilt' Al)!P( Hal'ItS til tl- tlji, s!,efiotl two lcen istelitlv
()It lwiv plantitt,101), ( X. affi r WaVlle(t ) o 0 reow ati(i 'b) rermtitih)(r oll tijN plantation,
e (-. after beiory warned to d-part fli(lrefrollifor (I)e Ro I)omlont on tlie other ban(I subinitted diat dio, section create(I 0111v one offence, viz, the (Afollce of cr lnill;J t,)- wiliell (. ould be oollitilitte(I ill fwo ways-(a.) by per 4istetitlv comin- oil lan(l after being AVM11l(1d 11,1t, to til reoll, il!l i (11)) by rolli'dilinY on law l afttm- i)oill' ,, wal-110(1 to departt ih, rel'roni.
I,, 'I);, tr lt answ" v to tili collili-I oi, "pillioll N'l(l I (io 1).4 fill l it il, t. Ssavv "o rt Oivc, it) i!wre can no do 11 H1, is on" from whiell t\to enlarge" lroty I)e oxtra(',! (L lol(l J ','acl( of "kis it i ))Jwlkvs
to me t1i'li it o )n1pl-li 11kw \;;!It) pl")poso's to invoke tile S ,Ction sliolild be partioul-arly C lrel'ill to state ill iiis coinplaint till- exa('t liatill'o o 01" 4 *,11(-,-, m w llicl) Iw C )rilpjailli4.
Tllfx complailit 11my 1;c, cn-iticispcl by rt? Isoll of it', wortlin-. Tlit-- worcls or fill(, complitint are tliat, the Ieferl(jallcis -, 11; of lwysistow trespasss Jter liaviji- b-on (hd.v w;mw(i ". To e rn to I o.N tli(- vFcnis, wire guilty in
allegill,.f collmlaillr fliat wn lliv lwk ll oommitte(i is to uso Linguage wlli(-Ii ill its forin i)egs 11-- vi-rv tilic'stioll wlli, !l t1w complaiwitit lia" IA out to provo :111(t c0liveys tilf, i till tressiol I t1lat tilere bt, ll it projilcigill" of tlile It, is liol;(,(i that a ooinpli.int fliis particular forni of' wor(Is will not 1)o ill future.
flo, ill ;tll(-iJ)2 a persis-tent tresjiiiss b\ tbe (Iofeiitlants ifter !mi] 6-c-ii Iuk- -warlwd
-was undoiibte lly anibLnioln, an(l tile, TA 1-isl vato so foil 11(l. It is aiiil)i-notis ill the sensc, illa, iL ctW not illo-liente wlietlwr tilf, -warllilln was ill ri)];Itioll to ay) alipgo(I lrespa ;., by coiling on to the I:tll(l ;ifter the warning, Or in relation to an alleged trespass by tlin (Iefon(tants by remaining on till' Jalifl aftt-r bein- to cle art therefroill.
,q before tlll Magistvite Collusol for tile (bifelldallt", (Iiii not tal o mly ol)jeotioll 'L w silifficiellov of the coniplaiiii: at tlin lc- -,i till i i !r of the ca-w as lit, ou.-lit to liave tiono. Tile Magistrate in his reasons for appeal sik-A-s that at the. onts-t of tlie cas,, ho wu, not awaro of tile anil)iguity ill t1w c-omplaint nor (fill Counsel for eithr p irtv raise any objo( tion !fmnsol fill- the dc"Celi'lalit, (H(I llowever objk ot to 01o sufficienoy of t1w volitillailit at the closo
of' the ea, e for (11P 'iefOllee alid :[!)oiittecl t1lat, it was allli)i ,'[1olls. Ill pitrtioular lio contention [ tliat the complaint as Nvorded did not discl()sf- \vllotll r it wix-,4 beill", alleged t1wt "llo lefondallts persi,40(1 it) ('011611L, (111 lllt lall l after being warned or wlietlier flie tllelpecl was by tile (1(40,11i'lailts, relwtillilig oil tlie lall(I ilitt"r ll-illi" warned to departt
Conlisol for tile cornl)hinallf t1wro'llpoll silhillitte"I t1hat ill" Allt-istrate I)ad power to ampn(l tile, complaint umier 01- provisions colitaillei! ill t1w M:igistrat(-'s of Procedure et, Cap. 61. The (1-fell(lailts, Colinsel sullniitt(-,d in r -ply that the Ma uistrate llivi no power to ;an-uI tile complaint aft-t- both parties lind closed their case., Tile Magi trate tlivrcnpon wljolirned to c.misitio- r tile, subinissiiIns ill' Couns-I wi(l to give a decisionn thereon and (ill flio case as a \Vll!il,,.
B-fore thisCourt Cooi)sol for tlio Apiwilitz)k ur-d tliat Ille ellari- as lai(l m-as defeotivt, lln i thA it dil not convey anything at all to t1w A p1w1lalits. I](- that if tilt, complaint dil litean anythim, ,it all it might possibly be
interpreted to meon tirat Hic, Al),)ellall(s (111t-rod lipon licTitl after boilif, Nvarric,(l licit, to do so, but it certainly mild not be interprefcd to llw ol 111 lt fl- A;il)ell;1llts worc, el)ar-, (l will) roillailling opoll lallcis aftcr being -warileft to deplirt t1wrefrom. He snlimitt-l ill slwft tljat ffie coioplaint x1as vavm atilt t1ofective, did I)ot Set forth ',lily enlarge Illown
to the law, an(I in par iollliw 11i'i licit set fortil mly o4ence w1liell rlli 'llt filli witilill the lmi-wwe of section 48 (it' Cap. 6 7. TIiis, Ile \kas taLtl as a defendant -was ( ittiflecl to know at tb-e outsf t of Ole case with wliat ofrence Ile
3k< THE ANTIGUTA, i\IONTSEPHIRT AND VIRGIN ISANDS GAX 'VI'E [Fo'brumi'v 11, 1 5
Thle first question to bte decided in this appeal is wherhll r the complaint a i! I~ waV~s a ptiiii'i r rn lant I lily opinions it was not, List un hi r itli poweris confterred oin lie Magistraite by sectinsis tho ralll p1 (lj of
Proceduse Act. Cap. 61, thie Magistrate's could have amendled the complaint befor it Nxas heard.
,Sections 239 of this Act ronds as follows-"No objection shall he allowed to aily iliformnatiOnl, comiplint, 515 nmonas or warraoi t forrun sy alleged
defect therein in substance or inl form or for anyv variance bet w'eni such in I' rmation. coin ldaint, SUmmI01s or warrant and the evi deneocc adlduced on thep. at oft he ii toiman t or compl 0 nant at tile, heitrinr of such
iformnation oir coinplalist.
'This sect ion correspo ndis ti section 1 of the Sutasn11ry J1u risdi ction Act. 16r48 (tnptrini) otn r ill tli at is,,t iot means, to use the words of Oliver J. inl Edivards v'. Joiiox (1,91#7) 1 K. Ii., 65.9 at p'ig 6rr is that -' no in formation is to be summnarily dismissed because it is defective in i i'm or substance 1 nit it nin1.Jt be liut inl ord''r and the pptler course foir the MAlagistrate to have taken iii thle ci icuisratie s w;is to iave 'tlle ipoil the oi 011lii ant to Inst his compisint in order before it was hleardi. This however was liit done. What the ?\I igistrate luritli'er i tind w1s, to call upon the complainant's Counsel after the- evidence, of tlie coi lainasit awlr life Ic tendan ts hsau el un I csnd to elect which of t lie chiarges under sectioii 48 of Call. 67 hip piopos(rti t0 brill- ',I I!a est defls shni t. 'lot Hd'(ct of such a rulisig was cleao'ly in ily opinion to prejudfice the d ef,'niiaubts. Tlhseiir cae lad )i een closed, they ha;il already cross-examined thli oniplaissan t and his wit issses ani I at tHie eid of th eir 5'as- t1io de fendants -,xer o rt swiol ly piesentedl with a iww coinl)daint which allegedI that they i'' mainel ('11i t r' i'a o of' thle. Coiili aiait ;i P in i g warned to depart therefrom unidr section 48 oi' the Ssall Charges Aict, 67 This W,1s n elitiel new
complaint. The itefesidants hail had tio opliortnit''- of dsisss-e' nniling tile orliltii 5 hs witliesses as to the(
truth (if this allegattion and hail the charge hpii laidi in t lie ti r..t inlstaiee as ii w .5 I J hi ter noielnlint t lie defenslants may have been able by skilful sild n -t te crosi-exaiiil ti in ti siilow flint to' crI ~Jiit was niot esiatilied and that they hadi o case to answer: oir evenly if called upil fori thuir sle-fuoeo thlY nzy iv in hail at proper arsi complete answer thereto.
The Magistrate's action inl allowingl the ciinpiiiit to ativ'ssrl is, coitnpl~it after the close of' the case amounted to this that thle cosoplainass t was peiihtteat, i Ii i h the evitliict to i i franiii' a cisarge to suit the evidence adduced by himself assil his witnesses. Tis was cle;Ay x wrow tyit csoiiti'iiy iio the asc-epteil rules) of practice aswl procedure in c'i ni isa Icounrts which requh~ e thiat the( iling sit a coiplaiitt li i its d isreceit the ailducti si of evidence in support thereof and not vice versa as was dtonle iii this cisc. A coisslipbiant insist first lat' hi., charg'o thlen support it by evidence; lie casinot leadl evidence soin a cruiplairof which, as iii this c'ase. wais de~fect ivx'e an i awbiguouls ansd then at bhe close of the whole case put f. ewanil a, ft'"sls oiplaint tis suit tlir' eviileiico l)- htu id isTil he reuisi of the Magistrate's action was in effect to deny the detenidants anil opportu i tv sif in' tiug ai I answesring a coipllaint onl which they were snibseijulntly convii'tedI.
It is true that no objeotion wa.s iak-'n lix the slefenlaslits' Counsel to the complaint at thle beginning of the case, which was thle proper place- at which thef object ion should have beeii takesii and ii) thioispect lie hazs to bear somne responsibility for what, has isceurrest, teverthuhless hiis failure tio take anl object iwi at the proper time cannot its the particular circuinstminces of this clse, snake ei'egulas' what was s rsv,.a inaiuife,'! it's i larity in Hise proceed.ings.
The Respoindont's Counsel argued that the provisions of section 211 of the NIiJstr s' tr''s ( 'sio s of Pricedure Act, Cap. 61, ought to be invoked onl his behalf. This4 section reads as follows:"If ally suchl Variance o'r anly oti r vaiaince lsetxveen thie its osmatisin or cons 1lait in(] lie ovi Thisce
addusceid iii sn post tliereof, api lens' to thle Mag st sate press'si a iid actits g at thl hen'u o eso-i ht i
party charged by the iiiformiat ioni or5 cotiplai sit bias bfe't th r'reby vso,'i veil or' ii ', tls Mai( aeuo
such terisis as lie may think fit, may adijosurn t lie, hieaisiig of trho case to souiss fiir (is'ilay, assli iii t r e mDeanltimle cosus itf thle tha iiefetidtist ti) pison, (or to such (iti0V custody as thle '1rtsgiSt i'd thsi is P Iii, or may sIiscehirge him upon Isis en tesinig into a recognlisforice, with o 'i- wis ii t suirety oir iiS' e at r~se diiscr'etion of
the Masgistrate, cnulitiieil for Ihis appgiaraice at thle tinier asisb islic to which Ili' b'im'ritsg is :v 1.1 1 'u ro d.''
This sectiont in my opiuios ihas iso apicationf to thle circitis I sices of this hleari iig pIrs'fre the~ Mag-ic I ate. for when the asljouruistent was granted the- whole of the evidinus inl the cease liad been hear"d and~ the cas' completed and no sidjoi si mssent of th Is'iasi ol t t that stage ci ml r have ibson of asny '' i or assistassite to the lefeisi ant s whose case was alre-ady closet. Its asny event thle aibjissrtie wasL cleanl fur tile M\agistr'ate's owvn Coll vessiess ce. His reasotn for adjourising as shows in thle recoil wa1-s to give "a ruilingp inl Co'lst oil tile siliiri.jrf of Crilliseol and s' for decision
I am of the opinions that the conisplaint a haul by the cosulplaiiisaist before. -nindint was defective, that this defect should have been remedied at tho outset of the proceedings before the complaint was licaid, but this was not dome, and it does ssot matter who was responsible for this oversight.
I find further that thsere. was no power ius the Magistrate to allow ani amend snt oif the complaint at a stage. when all of the evidence had been taken awld at thle close of the case fot' theq sefesibiaits. ansd that such an amtndment, which in reality amonted to the filing oif an entir-,ly new complaint, mtusst of necessity have gravely prejudiced the defendants.
In thle result I holl that the proicedutre followed by the Magist 'ste iil lisis ('ase_ was~,, so irreguslar' that the defendants were in fact deprived of ats opportunity of answes'inp- the Ciumplainst onl wlsis',i the~y were, convicted and accordingly the convictions cannot statid.
Thle appeals are liserefore allowed, the convictions of both defendants squashed and the judgment and order of the learned Mag-istrate set aslihe. Tnie Resposndent shall pay to the Appellants the suni of one and a half guineas each.
P. Cecil Lewis,
Printed at the Governmenst Pnxtissg oilise, Ansitio, L,'e'A'ari [stair ts, to ', X, [11 A 'KM i.3.H i'i-versiuesit Piite.-. By Auishosity
No. 16 of 1956. Pound (Amendment). VIRmG4
P. D. MACDONALD,Acting Governior. 15th December, 1956.
1. 3 MMAK9b7
No. 16 of 1956.
An Ordinance to amend further the law relating
to trespass by Stock.
[15th December, 1956.] Commence.
ENACTED by the Legislature of the Colony of the Virgin Islands.
1. This Ordinance may be cited as the Pound Short Title. (Amendment) Ordinance, 1956, and shall be read 4163 711900.
as one with the Pound Ordinance, 1863, as 2/190so. amended, hereinafter called the Principal Ordinance.
2. Section 3 of the Principal Ordinance is Amendment hereby amended as follows:- of seotion 3
(a) by the insertion between the comma
after the word "dog" and the word "or" of
the word "sheep "; and
(b) by the insertion between the comma
after the word swine" and the word "or"
,of the word "sheep ".
VIRGIN 2 Pound (Amendment). No. 16 of 1956.
Substitution 3. (1) For Schedule B to the Principal
of new Sched- Ordinance the following is hereby substituted:ule B to
Ordinance, "SCHEDULE B.
Caption Fees Payable by Pound Keeper to Persons Impounding Stock
For every head of stock other than sheep,
goats or swine .... $1.03
For every head of sheep, goats or swine .43
Fees Payable to Pound Keeper on Redemption of Stock
For every head of stock other than sheep,
goats or swine .... $1.03
For every head of sheep, goats or swine .43
For receiving each head of stock other
than sheep, goats or swine .... 1.54
For receiving each head of sheep, goats
or swine .... .51
For every 24 hours any stock shall remain
in his charge after the first 24 hours
that is to say(i) stock (other than sheep, goats or swine) .... .43
(ii) sheep, goats or swine .17
For advertisement of each head of stock .43"
Repeal. (2). Section 2 of the Revenues, and Fees
2/1950. (Adjustment) Ordinance, 1950, and that part of
the Schedule to the said Ordinance under the Caption The Pound Ordinance, 1863 are hereby
G. P. ALLSEBROOK,
Passed the Legislative Council the 20th day
of November, 1956.
H. 0. CREQUE,
Clerk of th4e Council.
Printed at thb Government Prin ing Office, Antigua, Leeward Islands,
by E. M. BL,.ACKMAN, Goverrlment Printer.-By Authority.
47/00442--600-2.57, [Price 4 csnt8.j
No. 17 of 1956. Interpretation and General VIGIN
Clauses Act (Amendment). ISLANDS.
P. D. MACDONALD, Acting Governor.
15th December, 1956.
N No). 17 of 1956.
An Ordinance to amend the Interpretation and
General Clauses Act, 1955.
[ I st .1 uly, 1956] Commercement
ENACTED by the Legislature of the
Colony of the Virgin Islands.
1. lThis Ordinance may be cited as the Short titio. In terpretation and General Clauses Act (Amendment) Ordinance, 195d, and shall be read as one with the Interpretation and General Clauses L. Is. Acts 12/1955
Act, 1955, as amended, hereinatter called the 116 Principal Act. s. I. o
0!5t; No. 22
2. (1) Section 2 of the Principal Act is Amendment hereby amended- of section 2 of
(a) by substituting the following defini- Act.
tion for the definition of the expression Administrator" in subsection (1) of the
sectionAdministrator" means the person for
the time being holding the office of Administrator of the Colony and includes any person for the time
VIR(IN 2 Interpretation and General No. 17 of 1956.
ISLANDS. Otauses Act (Amendment).
being lawfully discharging the functions of that office and to the extent to which a Deputy appointed under Article 8 of the Leeward Islands Letters Patent, 1956, is authorised to discharge those functions, that Deputy;
(b) by re-numbering subsections (3) and (4) as subsections (4) and (5) respectively; and
(c) by inserting the following subsection as subSection (3) of the section"(3) Whenever in any Act passed by the General Legislature of the Leeward Islands or in any Ordinance having effect in the Colony on the first day of July, 1956, or in any Ordinance passed thereafter, the expression Governor appears, save as otherwise expressly provided or implied in such Act or Ordinarce and except, when, in the case of any such Act, the Gvernor. by order published in the Gacette,
(declares otherwise, that expression shall be deemrned to include the officer for the time being administering the Governmient of the Colony ".
(2) This Ordinance shall be deemed to have
had effectas from the 1st day of July, 1956.
(G. P. ALISEBHOOK,
Passed the Legislative Council the 20th
day of November, 1956.
L (). CIouQc
Clerk of the (C'ouncil.
Printed at the Governmnient Printing Ofiice, Ih waird Islands.
by E. M. BLA KM A N. Government Pintor.-By Authority.
47/00203--550-2.57. fjr ice 4 cent.s.1
No. 18 of' 1956, Pub~lic A~sssiai ce. ViflCT1
I A SNT,
P. D. MACDONALD,
15th December, 1956.
No. 18 of 1956.
An Ordinance to repeal the Poor Relief Ordinance
1864 and to make new provisions for the assistance of the poor and destitute from
[BY PROCLAMATION] Commence.
ENACTED by the Legislature of the Colony of the Virgin Islands.
1. This Ordinance may be cited as the Pub- Short title. lic Assistance Ordinance, 1956.
2. In this Ordinance, unless the context Interpretation. otherwise requires"Committee" means the Public Assistance
Committee appointed under section 3;
" district means one of the Public Assistance
Districts into which the Colony is divided in accordance with the provisions of
" poor and destitute person means any and
every person who, by reason of infancy, old age, illmss, disease, bodily infirmity or mental incapacity is unable to maintain himself or herself and cognate expressions shall be construed accordingly;
i VN 2 Publc ssistane. No. 18 of 1956.
" section means section of this Ordinance.
Appointment -8. (1) There shall be a Public Assistance of Committee
oand Chairman Committee for the purpose of granting outdoor thereof relief to, and of applyiifg any sumns which may
from time to time be provided by the Legislative Council for the outdoor relief of, poor and destitute
persons in the Colony.
(2) The Committee shall consist of not less
than three and not more than five members
appointed by the Governor.
(3) The members shall hold office for two
years but shall be eligible for re-appointment.
(4) The Governor shall appoint one of the
members of the Committee to be chairman of the Committee and the person so appointed shall preside at all meetings of the Committee but in his absence from any meeting the members present shall elect one of their number to preside at that
(5) The Governor may appoint a clerk to the
Seats of mem- 4. A member of the Comminttee shall vacate bers when va- his seat thereon if he tenders his resignation in Cant.n
writing to the Governor or if he fails without reasonable excuse (the sufficiency whereof shall be determined by the Administrator) to attend three
consecutive meetings of the Committee.
Procedure and 5. (1) The Committee shall meet at such duties of the times and places as-the Chairman may appoint. Committee. rdteIl1
(2) Subject to the provisions of subsection
(3) of this section the Conmmittee shall(a) periodically review the general condition of the poor and destitute inhabitants of the Colony with a view to making recommendations to the Administrator for the
alleviation thereof; and
(b) from time to time examine such individual cases of poverty and destitution in the Colony as may conie to its attention with a, view to alleviating them or arranging for
No. 18 o f 1 95G. Publi( A s.sitance. 3 VTRGiN
(3) For the purpose of carrying out. the functions prescribed by subsection (2) of this section the (Committee-shall have power to invite to a meeting ayiv Voluntary Assistant co-opted as hereinafter provided in section 7.
(4) Every member of the Committee shall have the right to vote on every question put to the Committee.
(5) Notwithstanding an thing to the contrary, the Committee may reach decisions by the written opinions of members without any formal meeting being held.
(6) The quorum of the Committee at any meeting shall be three persons. not less than two of whomn shall be members of the Committee appointed under subsection (2) of section 3.
6. (1) For the purposes of this Ordinance 'ublic Aspistthe Colony shall be divided into Public Assistance ance Di)tricts. Districts.
(2) Public Assistance Districts shall be such areas as may from time to time be fixed by the Committee and approved by the Governor in Council and notice thereof shall be published in such manner as to the Governor in Council may seem fit.
7. (1) The Committee may from time to Power ofCoinmtime co-op)t for each district a Voluntary Assistant pnit tn aplu ~point voiu-who shall be a person residing in the district and tary Assistable iand willing to assist in the administration of ants. public assistance in such district.
(2) A Voluntary Assistant may be invited by the Committee to record his written opinion with respect to any individuals case of poverty and destitution in his district or to attend any particular meeting to consider individual cases of poverty and destitution or to review the general condition of the poor and destitute in the district.
(3) Whenever a Voluntary Assistant is so invited by the Committee the provisions of subsections (4) ad (5) of section 5 shall apply to a Voluntav Assistant a, they ap)pl to a member of the Committee appointed under subsection (2) of section 3.
Vm 4 Public Assislance. No. 18 of 195.
Appointment 8, (1) It shall be lawful for the Committee
of Rerivng" to appoint such Relieving Officers as it may conOfficers.
sider necessary for the administration of public
assistance in the different districts.
(2) The Relieving Officers may be requested
to attend the meetings of the Committee but shall
not vote thereat.
Committee to 9. In the exercise of its functions under grant Public
Asitan uic. paragraph (b) of subsection (2) of section 5 of this
Ordinance the Committee is hereby authorised(a) to grant a weekly allowance as outdoor relief to any poor and destitute person not being an inmate of any hospital or
(b) to make a special grant to any poor and destitute person for defraying the cost of medical attention to that person and for such other non-recurrent purposes as the Committee may consider appropriate by way of relief or assistance to such poor and destitute person; and
(c) to provide material and labour for building or repairing a dwelling house for any
poor and destitute person. ,
Provided that(a) the sums disbursed by the Committee in any year shall not exceed the sums provided by the Legislative Council for the
(b) if the Governor-in-Council shall fix maximum weekly allowances for outdoor relief, the allowances granted by the CoMnmittee shall not exceed the maxima so fixed. Pablio Assist- 10. The Committee shall keep a register ance Register. containing the names and addresses of all poor and
destitute persons receiving allowances of outdoor relief, the amount of the allowance to each stated in United States currency, the commencement and termination of the allowance, the name of the persons to whom each payment was made and the total amount of each weekly distribution; and the entries in the Register shall be arranged so as to
show the particulars by districts.
No. 18 of 1956. Public Assistance. 5 VmsI
11. (1) All allowances granted utinder the Time and provisions of section 9 of this Ordinance shall be """"gro paid or given at such place or places and on such giving public days as the Committee may from time to time resistance. prescribe.
(2) A payment shall whenever practicable be made to the person to whom an allowance is granted personally, and, when not practicable, the payment shall be made to someone authorized to receive the same on behalf of the person to whom the allowance is granted.
(3) The written authorisation of the Chairman, or where the Chairman is not a public officer or a person designated in, writing by the Administrator of the Colony, shall be sufficient evidence of a decision of the Committee; and the Treasurer shall pay allowances and other disbursemnents on such authorisation.
12. (1) It shall be the duty of ,the father, Duty of faniimother, or child of any poor and destitute person, ly to reiev and maintain
if possessed of sufficient means, to relieve and poor persons. maintain that person.
(2) On the application of the Committee a Magistrate mnay make an order requiring any person liable under subsection (1) of this section for the maintenance of a person to maintain that person in such manner as may be set out in the order, and such order may, inter alia, include a direction for the repayment to the Committee of a part or the whole of any sum disbursed by the Committee in maintaining that person.
(3) Every person who fails to comply with any order made by a Mlagistrate under the provisions of this section shall be liable to a penalty of thirty-four cents for each day during which he fails so to comply.
13. It shall be lawful for the Committee Recovery of in its discretion to pay the whole or part of the bmriad an funeral excost of the Iburial and expenses incidental to the penses. funeral of any person and to recover the amount so paid from the person, if any, who under this Ordinance was liable for the maintenance of the
VGTIN Public ssistance. No. 18 of 1956.
decreased person or from any person intermeddling with or taking possession of any
property of such deceased person.
Proceedings by 14. All proceedings taken by the Comthtecom- mittee under this Ordinance shall be commenced
and carried on by such person as may be appointed generally or in any particular case by resolution of the Committee, and any penalty or order imposed by this Ordinance shall be recovered and enforced under the provisions of Cupv. 61. the Magistrate's Code of Procedure Act.
Repeal. 15. The Poor Relief Ordinance, 1864, and
all amendments thereto are hereby repealed.
Commence- 16. This Ordinance shall come. into opera.
mnt. tion on a day to be appointed by the Governor
by Proclamation published in the Gazette.
G. P. ALLSEBROOK,
Passed the Legislative Council this 20th
day of November, 1956.
H. O. CEQUE,
Clerk of the Council.
Priited at the Government Printing Office. Antigua, Leeward lslamls,
by E. M. BLACUMAN, Government Printer.-By Authority.
47/00376-600-2.57. [Price 8 cents.J
No. 20 of 1956. Criminal Procedure Act VIRGIN
P. D. MACDONALD, Acting Governor.
15th D)ecember, 1956.
No. 20 of 1956.
An Ordinance to amend further- the Criminal
[15th December, 1956] Commencement.
ENACTED by the Legislature of the Colony of the Virgin Islands.
1. This Ordinance may be cited as the Short title. Criminal Procedure Act (Amendment) Ordinance, 1956, and shall be read as one with the Criminal L.Is. Acts 110i Cap.3
Procedure Act, as amended, hereinafter called 111945 the Principal Act. s.R. & 0.
1956 No. 22
2. Subsection (1) of section 14A. of the Amendment Principal Act is hereby amended- of section 14A
of the Princi(a) by the deletion of the words "the pal Act.
Legal Assistant may require the Magistrate
to send to him "; and
(b) by thie substitution of the words
shall be sent to the Attorney General for the words which he thinks fit appearing at
the end of the subsection.
G. P. ALLSEBROOK, President.
Passed the Legislative Council the 20th day of November, 1956.
H. (). CREQUE,
Clerk of the Council.
Printed at the Government Printing Offlee,. Antig-ua, Leeward Islands,
by E. M. BLACKMAN, Government Printer,-By Authority 1957.
47/00439--500-2.57. [Price 3 cents.]
No. 21, of 11956. Indictments Act (Amendment) VIRGIN IS LAN )S.
P'. D. MACDON~ALD,
15th December, 1956.
VW[RIN IS LANDS.
No. 21 of 1956.
An Ordinance to amend the Indictments Act.
[150h D~ecemnber, 1956.] OominenceS ENACTED1 by the Legislature Of the ColonY
of the Virgin Islands.
1. This Ordinance may' he cited as the Short Tith%.
idictmnents Act (Amendment) Ordinanice, 19,56,
antzd shall be, read as one with the Indictments Acts, L. Is. Act.
as amended, hereinafter called the Principal Act. S. R.0
1956 No. 22,
2. Subse-ction) (1) of sectii 3 of the Arnenduientof
Pr'ini1):l Ac is ereb ameded y th susittiion 3 of
Prinip~ Ac isherey wewld b thesubtittio Principal
of the wo rds such pei-,ons as the Chief justice Act.
may q pointt' for the words the Chief J us-tice, the Puisne Judge, the Legal Assistant and the
Chief R~egistrar "
G. P. ArLLSEBKOOK
Passed the Leg(islative Council the 20th day
of November, 1956.
H. 0. CRElQU.1
Cler / f the (onci
Printed a. the Government Printing Woofce Aniiua, Leew,-rd khmaic.
by E, M. BiACKAIAN, 'ov VEINxJEITT PRLNrriw-BJv Authority.
47100137-50-2.5 %7. Pie3 &3nb.
STATUTORY RULES AND ORDERS.
1956, No. 50.
THE TABLE HILL GORDON SCHEME, MADE BY THE CENTRAL
AUTHORITY AND APPROVED BY THiE GOVERNORIN COUNCIL UNDER SECTION 6 OF Tim, TOWN AND COUNTRY PLANNING
ORDINANCE, 1948 (No. 4 OF 1948).
1. Designation ,of Scheme. The Scheme set out
hereunder shall be designated the Table Hill Gordon Scheme.
2. Area of Scheme. The provision of the scheme
shall apply to all that area of land comprising of 8. 529 acres delineated and defined on the rnap or plan prepared by E. A. Govia, Licensed Surveyor, on the 18th February, 1953 which said lands were formerly part of Table Hill Gordon Estate and is bounded as follows that is on the East by Public Road, on the North by Public Road, of the West by lands of Edwards, on the South by lands of Table Hill Gordon.
3. Object of Scheme. To provide plots to relieve congestion of villages.
4. Development of Land. Save as may be
permitted by the terms of an order made under the provisions of section 22 (1) of the Town and Country Planning Ordinance 1948 (No. 4 of 1948) the development of land (within the meaning of the said Ordinance) shall be restricted to the area shown on the aforesaid map or plan and be carried out in accordance with the provisions of this scheme.
5. Size of Building Plots. There are 40 plots of various sizes, as shown on the plan.
6. Prohibited Purposes. (a) No land shall be bought, sold, leased, mortgaged, exchanged or sublet without the consent in .writing of the Central Authority.
X (b) The consent of the Central Authority shall not
be unreasonably withheld, provided that consent. shall not
be granted unless the prospective purchaser, lessee, exchangee or sub-lessee or his agent make a statutory declaration that the land is required and intended for his
own use or the personal use of his principal.
(c) In cases where consent has been withheld to an
application for permission to sell, lease or exchange, the Central Authority may, with the agreement of the prospective vendor, leasor or exchanger repurchase the land at a reasonable sum. In the event of failure to arrive at a reasonable- sum by agreement the matter shall be referred
(d) No dry goods store, shop, parlour or other place
where food is sold shall be established or connected without the approval in writing of the Central Authority.
7. Subdividing. No. plot as laid out on the said map
or plan shall be subdivided.
8. Maintenance of Land and House in Good Condition. It shall be the responsibility of the purchaser of each plot to maintain both land and house in good condition to the satisfaction of the Central Authority.
9. Building Line. In order to preserve the uniformity of the frontage the purchaser of each plot shall observe the building line which is a distance of at least 10 ft. from the road boundary, curb of the road or access path, and in no case shall the front of any dwelling house or any building be made to extend nearer to or further from the said road or street than such position on the said land as is indicated by the said building line.
10. Size of Houses and height of Dwelling Houses above ground. Every new building intended
ts a dwelling house to be erected on any of the lots shall ha-:e a minimum habitable floor space of not less than 120 sq. ft. and shall have the lowest floor raised from the ground at least eighteen inches and supported on masonry with proper and sufficient ventilation beneath the floor; provided that if the frontage of the building abuts on any public place the said building shall be on a continuous dwarf wall or concrete pillars.
11. AppL-oval of Plans. No dwelling-house, shop, hotel or other building shall be erected upon any of the plots otherwise that, in accordance with plans and elevations and of
materials piveiously approved by or on behalf of the Central Authority and no building shall be commenced upon any plot until the Central Authority or its agents shall have given a certificate in writing of such approval.
12. One Building or Private House with Out-Buildings on each Plot. Not more than one building or dwtlling-house shall be, erected on each plot except the necessary and usual oat-buildings, stables, garage with living rooms over to be used in connection with any house erected on the same plot or any house now standing or hereafter to be erected on any adjoining land and such dwelling-house shall not be of less value than 20 exclusive of stabling and out-buildings, and no building shall be erected until the site and elevation thereof and the site of any offices and stabling thereto shall have been approved by or on behalf of the Central Authority, and every such building shall be of such character and description and build according to such plans, designs and elevations as shall have been similarly approved in
-writing before the same is commenced, and no such building shall after erection be altered without the like previous consent in writing before the same is commenced.
13. Coverage of Plot. No dwelling.-house, including out-houses of whatever character on a building plot shall cover more than of the surface of the plot.
14. Excavations. No sand or gravel shall be (lug out of any plot except in the course of excavating for foundations.
1. Kitchens. The floor of every kitchen shall be made of non-inflammable materials and the chimney of every such building shall be carried to such a height above continuous height as may be specified by the Central Authority.
16. Garage. Every garage shall be made of concrete, stone, iron or some non-inflammable material as far as practicable.
17. Latrine Accommodation. Every building intended for use as a dwelling or its a shop, or as a factory, or as a place of business shall be provided with proper latrine accommodation e.g. a pit latrine of a type to be approved by the Health Authorities.
18. Drainage. Each plot shall have drains properly laid to a suitable outfall for the efficient drainage of any rain or surface water from the site, and the subsoil of the site shall be effectually drained, whenever the possibility of dampness of the pite renders such a precaution necessary.
19 Projections beyond Building Line or over Public Place. No portion of the front wall of any messuage or dwelling-house to be erected on any part of the plot shall project beyond the building line indicated upon the said plan, and no portion of or attachment to any building shall permanently project .on or over any public place in such a manner that in the opinion of the Central Authority or other competent authority it would cause an obstruction or danger.
20. Temporary Structures. There shall not at any time be erected or placed or suffered to be or remain on any of the plots any temporary building or structure except sheds, workshops or office rooms to be used for the purpose of and in connection with the building of permanent buildings in course of construction upon such plot.
21. Air space in front of Dwelling-House. Every dwelling-house shall have an open.-space of at least twenty-four feet in front thereof. The space shall be measured to the boundary of any land or building immediately opposite to the dwelling-house or to the opposite site of any public place on which the dwelling-house immediately abuts and the space shall extend throughout the whole frontage of such dwelling-house.
22. Air space around Dwelling-House. No dwelling-house shall be placed nearer than a distance of sixteen feet to its site boundary at the rear or nearer than a distance of six feet from the eaves or any projecting part to its site boundary on either side. Provided that out-buildings approved by the vendor or other competent authority may be erected at the rear of a dwelling house.
28. Encroachment. No person shall erect any new building without previously removing every step or other encroachment which may be in or on the public place in front of the site where such building is to be erected.
24. Notice of intention to Build. (a) Every person intending to erect, remove or alter a building shall give notice of such intention to the Central Authority.
(b) The notice shall be in duplicate upon the form
prescribed by the Central Authority and shall be accompanied by plans in duplicate sufficient to show that the proposed building comply with the requirements of
the Central Authority.
25. Approval by the Central Authority. The Central Authority shall within six weeks of the delivery of such notice, signify in writing its approval or disapproval thereof. In the case of disapproval the Authority shall give reasons for its disapproval or specify what alterations are required.
26. Notification of work. Any owner or his
agent who intends to execute or executes work to which this scheme applies,
(a) shall notify the Central Authority in writing the
date on which work will begin;
(b) shall notify the Central Authority in writing of
the completion of any work within fourteen days after
(c) may notify the Central Authority in writitig of
the completion of part of any work to a value not less than five hundred dollars within fourteen days of the completion
27. Period of Construction. (a) Building
construction shall commence within six months of approval, failing which the approval shall be deemed to have lapsed.
Construction shall be completed within one year of the date of commencement.
The Central Authority may in its discretion grant an extension of the abovernentioned period.
(b) In the case of default the Central Authority may
re-purchase the lot at a price for which it was sold by the Central Authority and may purchase for a reasonable sum that part of the building which had been erected up to the
time of the expiry of the agreed period.
In the event of failure to arrive at a reasonable sum by agreement the matter shall be referred to arbitration.
28. Inspection. (a) The Central Authority shall within twenty-one days after receipt of a notice of completion as provided for in clause 26 sections (b) and (c), inspect the work covered by such notice.
(b) the Central Authority or any daly authorised
officer reserves the right to enter any part of the scheme whether sold, leased, rented or exchanged for purpose of
(c) every person who executes work in any part or
section of the scheme shall afford members of the Central Authority or its duly authorised employees free access to' the work for the purpose of inspection at all reasonable
times during the execution of the work.
29. Default. (a) The owner or his agent who executes work to which this scheme applies and who receives from the Central Authority notice in writing during the progress of the work of within six weeks after receipt by the Central Authority of a notice of completion as provided for in clause 26 sections(b) and (C) specifying any matters in respect of which the erection or execution may be in contravention of the scheme and requiring such pe-son, within a time specified, to cause anything done contrary to the provisions of the scheme to be amended, or to do anything which by any such provision may be required to be done but which has been omitted to be done, shall within the time specified, comply with the several requirements and shall deliver to the Authority a notice in writing of the completion of such work within fourteen days of the completion.
(b) In any case of non-compliance with the requirements of the aforesaid notice, it shall be lawful for the/ Authority in accordance with the provisions of section 20 of the Town and Country Planning Ordinance, 1948 to execute the works required and recover the cost from
the owner as a civil debt.
30. Any person aggrieved by the agreement or refusal of the Authority to signify its approval under clause 25 to grant its consent under clause 6 shall have a right of appeal in terms "mutatis mutandis" of section 14 of the Town and Country Planning Ordinance, 1948.
Made by the Central Housing and Planning Authority this 14th day of May, 1956.
Secretary 4, Executive Ogicer.
NOVELLE H. RICHARDS,
Chairman, Central Housing "
Approved by the Governor in, Council this 4th day of September, 19563.
F. A. CLARKE,
Clerk of Ihe Council,
Printed at the Gover-mnet Printing Office, Antigua, Leewstd Islando.
by E, M. BLACKMAN, M.B.B., Government Printer.-By Authority.
A 38195-500-2.57, [Prive 10 cent8,
STATUTORY RULES AND ORDERS.
1957, No. 3.
PROCLAMATION DATED THE 23rd DAY OF JANUARY, 1957, MADE
BY THE GOVERNOR UNDER SECTION 34 OF THE EDUCATION
ORDINANCE, 1956 (No. 11 OF 1956).
BY THE GOVERNOR.
WHEREAS the Education Ordinance, 1956 (No. 11/1956) was brought into operation on the 30th day of June, 1956 by Proclamation made by the Governor on the 18th day of June, 1956 (S. R. & 0. 1956 No. 25):
AND WHEREAS by Proclamation dated the 19th day of November, 1956, the Governor purported to bring into operation the said Education Ordinance, 1956 on the 1st da of January, 1957 (S. R. & O. 1956 No. 69).
NOW, THEREFORE, I, ALEC LOVELACE, a Member of the Most Excellent Order of the British Empire, Administrator of the Colony of Antigua, do by this my Proclamation revoke the Proclamation dated the 19th day of November, 1956 (S. R. & O. 1956 No. 69).
AND all Her Majesty's loving subjects in the Colony of Antigua and all others whom it may concern are hereby required to take due notice hereof and to give their ready obedience accordingly.
GIVEN at the Administrator's Ojfice, Antigua, this
23rd day of January, 1957, in the fifth year of
Her Majesty's reign.
' GOD SAVE THE QUEEN!
Printed at the Government Printing Office, Antigna, Leeward Islands,
by E. M. BLACKMAN, M.B.E., Government Printer.-By Authority.
A 47/125-500-2.57. [Price 3 cents.]
STATUTORY RULES AND ORDERS.
1956, No. 42.
RESOLUTION OF THE LEGISLATIVE COUNCIL OF THE VIRGIN
ISLANDS DATE) NOVEMBER 19, 1956, MADE UNDER
SECTION 18A OF THE CUSTOMS DUTIES ORDINANCE,
1927 (No. 9 OF 1927), AS AXME)NDED.
BE IT RESOLVED by the Legislative Council of the
(a) The First Schedule to the Customs Duties
Ordinance, 1927 (No. 9 of 1927), as amended, is hereby
further amended as follows:(i) by the insertion after the word "launches"
in item 12(A) of the words "other than Boats, Ships and Launches fitted and equipped for use for public
(ii) by the insertion after the word marine"
in item 58(1) (e) of the words other than machinery for Boats, Ships nd Launches used for public
(b) The Second Schedule to the Customs Duties
Ordinance 1927 (No. 9 of 1927), as amended, is hereby further amended by the insertion after Item 15 of the
following item:"15A. Boats, Ships and Launches fitted, equipped and for use for public passenger service; and any machinery equipment or fittings for such
Boats, Ships and Launches."
Passed the Legislative Council the 20th day of November,
H. O. CREQUE,
Clerk of the Council.
Printed at the Government Printing Office, Antigna, Leeward Islands,
Vby E. M. BLACKTMAN, Government Printer.-By Authority.
A5/00034-525-2.57. [Price 3 cents]
I e 72/