ANTIGUA, MONTS R4
VIRGIN ISLANDS GA
O'ublished by authority.
VOL. II. THURSDAY, 1ST AUGUST, 1957. No. 33.
Notices. No. 84. No. 88
Appointments, transfers, etc., in The following Statutory Rules and It is notified for general informa- the public service, with effect from Orders are circulated with this Gazette tion that Sir ERIC HALLINAN, the dates stated, are published for and form part thereof:-Federal Chief Justice, will be visiting general information:- Antigua.
Trinidad from the 30th July to the A T
8th August and Jinaica from the 8th RYAN, C. McA., Junior Clerk, Chief No. s2L of 1957, The Police WelAugust to the 17th August in order Secretary's Office, dismissed from fare Association (Amendment) Rules,
to discuss matters relating to the the Service. July 1 1957." Price 3 cents
Establishment of the Federal Supreme Montser'rat.
Court. Ref. No. 77/00110. No. 15 of 1957, Proclamation
dated July 26, 1957, proroguing the
Thie Secretariat, No. 85. Legislative Council of the Colony ".
Antig 1 pp. Price 3 cts.
30th Jtly, 1957. OONFIRMATION OF ORDINANCE Virqin landsd.
Ref. No. 43!00070. _No. 22 of 1957, The Public Holidays (Opening of Shops) (No. 2)
It is hereby notified for general The Secretary of State for the Order, 1957." 'pp. Price 3 cts.
information that His Excellency the Colonies has informed the Governor Governor has been informed by the that the power of disallowance will Radio Montserrat.
Secretary of State for the Colonies not be exercised in respect of the It is notified for general informathat Her Majesty the Queen has been undermeontioned Ordinance:- that the newly erected broadcasting
graciously pleased to approve of the station, Radio Montserrat, will be
appointment of Mr. G. L. TAYLOR, Virgin Islands. test-broadcasting between 5 p.m. and
a Judge of the Assistant Court of test-broadcasting between 5 p.m. and
Appeal Barbados, to be a Paisne No. 13 of 1956 The General Loan 6 p.m. on Wednesday and Sunday
Judge of the Supreme Court of the and Stock Ordinance, 1956". afternoons for the next two or three
Windward Islands and the Leeward weeks. It will be transmitting or
Islands. Chief Secretary's Office, 1550 Kcs. broadcasting band.
Antigua. Interested persons are invited to
Chief Secrelary's Ofice, 26th July, 1957. send reports on receptions etc. to the
Anlt'gu/. Manage r, Electricity Department,
31st July, 1957. Ref. No. 47100454 Montserrat.
Ref. No. P. F. 714. The Secretariat,
No. 86. Antigqua.
It is notified for general informa- 23rd July, 1957.
tion that Sub-Inspector E. T. TONGE The Governor has this day been Ref. No. 10/00005. has been appointed to act as Inspector pleased to assent to the undermenduring the absence on pre-retirement tioned Ordlinanoe:- TRADE MARKS OFFICE,
leave of Inspector SHERRIFF, with PLYMOUTH, MONTSERRAT.
effect from the 30th July, 1957. Antigua. 18th July, 1957.
CLUETT, PEABODY & CO., INC..
The Secretariat, No. 9 of 1957 "The Police Act of 433 River Street, Troy, State of
Antigua. (Amendme(-nt) Ordinance, 1957." New York, have applied for Registra30th July, 1957. Jul. 29 tion of one Trade Mark consisting of
Ref. No. 60/00039. The Secretariat, the following:
With reference to the notice 30th July, 1957. SANFORIZED
appearing in the Antigua, Montse& rat Ref. No. 47/00429 in Class 24 that is to say: Cotton
and Virgin Islands Gazette No. 11 piece goods of all kinds.
Qf the 7th March. 1957, it is notified The Applicants claim that they
for general information that the No. 87 have used the said Trade Mark in
Exequatur empowering S ig nor respect of the said goods for 26
Lucian Olivieri to act as Consul of The following Bills which are to b years before the date of their said Italy for the Windward and Leeward introduced into the Legislative Coun- Application. Islands, Barbados, Trinidad and oil of Antigua are circulated with this Any person may within three Tobago and British Guiana, with Gazette and form part thereof:- months from the date of the first
residence at Caracas, received Her "The Title by Registration Act appearance of this Advertisement in
1 majesty's signature on the 30th May, (Amendment) Ordinance, 1957." the Antigua, Montserrat & Virgin
1957. Islands Gazette, give notice in dupli"The Licensing Act (Amendment) cate at the Trade Marks Office, Chief Secretary's Ofice, Ordinance, 1957." Montserrat, of opposition to registraAntigua. tion of the said Trade Mark.
15th July, 1957 "The Law Reform (Miscellaneous F. 0. C. Harris,
.Ref. No. Ooolo0010 Provisions) Ordinance, 1957." Registrar of Trd. warks.
162 THE ANTIGUA, 1NTSElRiAT AND VIRGIN ISLANDS GAZETTE. [Augulst 1, 15T
TIHADE MARK'S OFFICE TRADE MARKS OFFICE, TRADE MARKS OFFICE,
PLYMOUTH MONTSERRAT. PLYMOUTH, MONTSERRAT.
ANTIGUA, 13thl July, 1957. 18th July, 1957. 18th July, 1957.
CLUETT, PEABODY & CO., INC., O'KEEFE OLD VIENNA BREWO'KEEFE OLD VIENNA BREW- of 433 River Street, Troy, State of ERY LIMITED of 297 Victoria Street,
ERY LIM ITE I) of 297 Victoria Street, New York ihave applied for Registra- Toronto, Ontario, Canada, have apToronto, Onuario, Canada have applied tion of one Trade Mark consisting of plied for Registration of one Trade for Registration of one Trade Mark the following:- Mark consisting of the following:consisting of the following:umH lSANFORIZED
in Class 38 that is to say: Articles of
The applicants claim that they .
have used the, said Trade Mark in
respect of the said goods for 26 ,
years before the date of their said
SA E R E E Any person may within three
#11I-ltllmif~llusillllIlIIfIIlIllmultil months from the (late of the first n class 43 that is to say:-Lager Beer.
appearance of this Advertisement in The Applicants claim that they the Antiqlua, Mon tserrat and Virgin TeApplicants claim that they the Antigua, Montser-rat and Vfrgin have used the said Trade Mark in in Class 43 that is to say :--Lager beer. Alands Gazette, give notice in dnpli- respect of the said goods for 6 cate at the Trade Marks Office, months before the date of their said
The Applicants claim that they Montserrat, of opposition to registra- application
have used the said Trade Mark in tion of the said 'Irade Mark. Any person may within three
respect of the said goods for six Any person may within three
months before the date of their said F. 0. C. HARRIS, months from the date of the firstL
Application. Registrar of Trade Marks. appearence of this advertisment in the
ppl Antigua. Montserrat, and Virgin
I Any person I may within three Islands Gazette, give notice in dupli,months from the date of the first TRADI)E MARKS OFFICE. cate at the Trade Marks Office, Montappearance of this Advertisement in PLYMOU'rH, MONTSERRAT. serrat, of opposition to registration of'
the Antigqua, Montserrat and Virgin 18ith July, 1957. the said Trade Mark.
Islands Gazette, give notice in dupli- F. 0. C. Harris,
cate at the Trade Marks Office, PETER JACKSON (jVERSEAS) Roegis/rar of 1'Trade Marks.
Antigua, of opposition to registration LIMITED of Granite House, 97-101, of the said Trade Mark. Cannon Street, London, England, VIRGIN ISLANDS.
have applied for Registration of one The Registration of United Kingdom CECIL O. BYRON, Trade Mark consisting of the follow- The Registration of United Kingdom1925.
ing:- Patents Act, 1925.
Registrar of Trade Marks. NOTICE IS HEREBY GIVEN
that (HELTON (POPPITS) LIMITED, of Marlow, Buckinghamshire,
TRADE MARK'S OFFICE, WI England have applied for registration
PLYMOUTH. MON'ISERRAT, in the Colony of the Virgin Islands
18th July, 1957. of LUited Kingdom P'atent No.
Ji 750,737 dated the 19th day of April,
CLUETT, PEABODY & CO., INC.. 1 1955, and issued on the 5th day of
of 433 River Street, Troy, State of ........February. 1957, and have filed at the
New York, have applied for Registra- Registrar's Oice, Road Town, TorRegistrar's Offico Road Town, Tortion of one Trade Mark consisting of hl! tola, British Virgin Islands. a cornthe following:- plete copy of the specifications and
I L : : Pthe Certificate of the Comptrollcr 1 General of the United Kingdom
1OPatent Office giving full particulars of this patent, which will be open to
in Class 45 that is to say:-Tobacco public inspection at the said office at in Class 38 that is to say: Articles of whether manufactured or unmanu- any time between 9.00 a.m. and clothing. factured. 3.30 p.m. on working days except
Saturdays when the hours will be
aim that they Tclaim that they The Applicants claim that they from 9.00 a.m. to 12 noon.
liave used( the said Trade Mark in have used the said Trade Mark in Any person may within two months
respect of the said goods for 37 years respect of the said goods for 28 years from the date of this Advertisement before the date of their said Applica- before the d(late of their said Appli- give notice to the Registrar of opposition. cation. tion to the issue of a Certificate of
Any person may within three Any person may within three Registration upon any of the grounds
months from the date of the first months from the date of the first prescribed in Section 10 of' the Patents appearance of this Advertisement in appearance of this Advertisement in Act. 1906. for opposition to the grant
th- tga a sra perac fti detsmn nof Letters Patent.
the A tigua, Montserrat and Virgin the Antigua, Montserrat & Virgin Dated the 18th day of July, 1957.
Islands Gazette, give notice in dupli- 1,slands Gazette, give notioe in duplicate at the Trade Marks Office, Mont- cate at the Trade Marks Office, Mont- H. ALEX BESSON,
serrat, of opposition to registration of serrat, of opposition to registration of Registrar,
the said Trade Mark. the said Trade Mark. Registrar's Office
F. 0. C. HARRIS, F. 0. C. HARRIS, Tortola
Registrar of Trade Marks. Registrar of Trade Marks. British Virgin Islands.
August 1, 1957] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE 163
TRADE MARK'S OFFICE, Trade Marks Office, TRADE MARK'S OFFICE,
TORTOLA, Tortola, British Virgin Islands, ROAD TOWN, TORTOLA,
BRITISH VIRGIN ISLANDS, 18th July, 1957. BRITISH VIRGIN ISLANDS.
1Lh July, 1957. 19th July, 1957.
PETER JACKSON (OVERSEAS)
THE SOCONY MOBIL OIL COM- LIMITED of Granite House, 97-101 CLUETT, PEA BODY & CO., INC.
PANY, INC., of 150 East 42nd Street, Cannon Street, London, England, of 433 River Street, Troy, State of New York, U.S.A. have applied for have applied for Registration of one New York, United States of America, Registration of one Trade Mark con- Trade Mark consisting of the follow- have applied for registration of one Listing of the following:- ing:- Trade Mark consisting of the followIng
M o b il in class 38, that is to say: A rticles of
,~ I clothing.
Y ill!!!ji The Applicants claim that they
Ill have used the said Trade Mark in
in Class 47, that is to say: Petroleum respect of the said goods for 26 years
and products of petroleum, with or before the date of their said applicawithout admixtures of other materials tion.
for illuminating, heating, power, __i 'T 1 1
burning, lubricating, cutting, greas- Any person may within three
ing, tempering, quenchinu, slushing in Class 45, that is to say: Tobacco, months from the date of the first and flushing, and all the other goods whether manufactured or unmanu- appearance of this Advertisement in in the class. factured. the Antigua, Montserrat and Virgin
The Applicants claim that they Islands Gazette, give notice in dupliThe Applicants claim that they have used the said Trade Mark in cate at the Trade Mark's Office, have not used this said Trade Mark respect of the said goods for twenty- Tortola, British Virgin Islands, of in respect of the said goods before eight years before the date of their opposition to registration of the said the date of their said application but said application. Trade Mark.
it is their intention to commence Any piaon Trd Mtrk.
such use in the near future. Any person may within three H. ALEX BESSON,
months of the date of the first appear. Registrar of Trade Marks.
Any person may within three ance of this Advertisempnt in the months of the date of the first Antigua, Montserrat and Virgin
appearance of this Advertisement in Islands (Nazette, give notice in dupli- AGRICULTURAL OFFICER the Antigua, Montserrat and Virgin cate at the Trade Marks Office, Tor- (EXTENSION)
Islands Gazette, give notice in dupli- tola, British Virgin Islands, of opposicate at the Trade Marks Office, tion to registration of the said Trade Department of Agriculture, St. Vincent.
Tortola, Brittsh Virgin Islands, of Mark.
opposition to registration of the said H. Alex Besson, Applicatioixs are invited from suitTrade Mark. Registrar of Trade Marks. ably qualified candidates for appointment to the post of Agricultural OffiH. ALEX. BPisoN, cer (Extension ), Department of
Registrar of r'r ade Marks. TRADE MARKS OFFICE, Agriculture, St. Vincent, particulars
ROAD TOWN, TORTOLA, of which are as follows:-BRITISH VIRGIN ISLANDS.
Trade Mark's Office. 19th July, 1957. Appointment.
Road Town, Tortola,
British Virgin Islands. CLUETT, PEABODY & CO., INC. The post is pensionable, but the
19th July, 1957. of 433 River Street, Troy, State of appointment will be on a contractural New York, United States of America, basis or on secondment, for a period ALPIN & BARRETT LIMITED have applied for registration of one of 2 years in the first instance. The
of Newton Road. Yeovil, Somerset, Trade Mark consisting of the follow- pension rights of any pensionable England, have applied for registra- ing:- seconded officer will be preserved.
tion of one Trade Mark consisting of
the following:- SANIORIZED Duties.
EN AC SANR Z DThe duties of the offcer willbe
EN PA. in class 24, that is to say: Cotton those assigned to him by the Supertnpiece goods of all kinds, and in Class tendent of Agriculture to whom he in Class 2, that is to say: Chemical 38, that is to say: Articles of clothing, will be directly responsible. Such substances used for agricultural hor- The Applicants claim that they duties will include the direction of ticultural, veterinary and sanitary have used the said Trade Mark in Agricultural Extension and Soil Conpurposes; and in class 3, that is to respect of the said goods for 26 years servation programmes, as well as say: Chemical substances prepared before the (late of their said Appli- general work of an administrative for use in medicine and pharmacy. cation. nature,
Any person may within three Any person may within three
months from the date of the first months from the date of the first Qualifications.
appearance of this Advertisement in appearance of this Advertisement in the Antigua, Montserrat & Virgin the Antigua, Montserrat and Virgin The minimum qualification relatands Gazette, give notice in dupli- Islands Gazette, give notice in dupli- quired is the Diploma of the Imperial cate at the Trade Marks Office, cate at the Trade Marks Office, College of Tropical Agriculture or an
Tortola, Britiqh Virgin Islands, of Tortola, British Virgin Islands, of equivalent degree, with experience in opposition to registration of the said opposition to registration of the said Tropical Agriculture. General adTrade Mark. Trade Mark. ministrative experience and knowH. Alex. Besson, H. ALEX. BESSON, ledge of extension work would be
Registrar of Trade Marks. Registrar of Trade Marks. advantageous.
164 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [Aug-ust 1, 1951.
;alary. Leave and Leave Passages. Applications giving full particulars
of applicant, and accompanied by two
The salary is in the scale $3,360x Vacation leave on full salary will testimonials should be addressed to 120-4,320, plus a pay addition of be granted in accordance with local the Chief Secretary Windward Islands, 20% of salary. leave regulations. In the case of a Grenada, and should reach him not
contract appointment, vacation leave later than the 15th August, 1957. Allowances. will be granted at the rate of one
Travellin and Subsistence Allow- eek for each completed period of Administrator's Office,
Traveling and Subsistence Allow- three months resident service. Such St. John's
ances are payable in accordance with leave to be taken on the satisfactory Antigua. local regulations, in respect of ap- termination of the contract. 19th July, 1957.
pruvd travel on duy. La Ref. No. A. O. 13/89--III.
Leave passages are provided in
Quarters, accordance with the Win d ward
Quarters are not provided. Islands Leave Passage Regulations. R1AINFALL ICURES.
Quarters are not provided.
Medical Attention. Agricultural Department,
Passages. Free medical atte-niion and medicines are not provided. Alitigug.
Free passages to St. Vincent will be
provided on first appointment for the Taxation.
officer, his wife and children, not All Government officials are liable Month 1a53. 1954. 1955. 1956. 1957. exceeding five persons in all; Chil- to taxation imposed by local enact- January 1.93 3.04 2.16 5.15 3.16 dren to be under 18 years of age, un- ments. I"eb. 1.02 2.45 .68 1.23 2.2k
Mar. 5.60 LoS .8. 1 40 .4
married and dependant on the officer. General. April 2.o6 .49 175 3.83 2.M
In the cae of a contract appointment The officer will be subject to the May ].50 3.83 2.81 2.58 1.19
or appointment on secondment free Colonial Regulations, local General June 1.31 3.32 1.47 5.72 2.86
passages will be provided on the Orders, and Financial and Store To27thJuly 3.68 2.58 2.13 4.29 I.8
satisfactory termination of the con- Rules and Subsidiary legislation in 16.50 16.79 11.83 24,20 13.76
tract or secondment. force for the time being.
TRADE MARKS OFFICE,
ANTIGUA, 13th July, 1957.
BHIRMUDEZ BISCUIT COMPANY LIMITED of No. 10-14 Duncan Street, Port-of-Spain, Trinidad, have appli e, for Rogistrition of one Trade Mark consisting of the following:in Class 42 that is to say: Substances used as food or as ingredients in food.
The Applicants claim that they have used the said Trade Mark in respect of the said goods for one month before the date of their said Application.
Any person may within three months from the d(late of the first appearance of this Advertisement in the Antigua, Montserrat and Virgin Islands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of opposition to registration of the said Trade Mark.
Cecil 0. Byron,
Registrar of Trade Marks.
August 1, 1957.] THE ANTIGUA, ,MONTSERRAT AND VIRGIN ISLANDS GAZETTE 13
With reference to paragraph 5 of the Notice regarding Hurricane Precautions in 1957 dated Lth July, 1957 and published in the local Newspapers the following should be substituted for the particulars in respect of Radio Trinidad;Station. Frequency (Wavelength) Daily weather Special hurricane
Radio Trinidad 790 Kes (379.7m.) 6.45 a.m. 8.00 a.m.
730 ,, (411.0m.) 6.54 a.m. 8.00 a.m.
3275 ,, ( 91.6m.) 8.10 a.m. 2.00 p.m.
6085 ,, ( 49.3m.) 12.40 p.m. 8.00 p.m.
7.54 p.m. 11.00 p.m.
24th July, 1957.
Ref. No. S.S. 52!6-II
TRADE MARKS OFFICE,
TORTOLA, B.V.I., 18th July, 1957. BERMUDEZ BISOUIT COMPANY TAMITED of 10-14 Duncan Street, Port-of-Spain, Trinidad, B.W.I. have applied for Registration of one Trade Mark consisting of the following:in Class 42, that is to say: Substances used a- fooi or as ingredients it food.
The applicants claim that they have used the said Trade Mark in respect of the said goods for one month before the date of th-ir said application.
Any person may within three months of tho d(late of the first appearance of this Advertisement in the Antiqua, Montserrat an-d Virgin Islands Gazette, give notice in duplicate at the Trade Marks Office, Tortola, Britishk Virgin Islands of opposition to registration of the said Trade Mark.
FH. ALEX. BESSON,
Registrar of Trade Marks.
TRADE MARKS OFFICE,
18th July, 1957.
BERMUDEZ BISCUIT' COMPANY LIMITED of No. 10-14 Duncan Street, Port-of-Spain, Trinidad have applied for Registration of on. Trade Mark consisting of the following:in Class 42 that is to say: Substances used as food or as ingredients in food.
The Applicants claim that they have used the said Trade Mark in respect of the said goods for one month before the date of their said Application.
Any person may within three months from the date of the first appearance of this Advertisement in the Antigua, Montserrat, and Virqin Islands Gazette, give notice in duplicate at the Trade Marks Office, Montseirat. 6f opposition to registration of the s.id Trade Mark.
F. O. C. HARRIS,
Registrar of Trade karkt.
166 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [August 1, 195T"
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARiD ISLAND& ANTIGUA CIRCUIT.
On Appeal from the Magistrate's Court District "A ".
APPEAL No. 5/1957.
CLAUDE EARL FRANCIS Appellant
ADRIAN A. M. HILL _R espondent
Superintendent of Police
Before: LEWIs, J.
L. Lockhart for Appellant
J. Hannays (Legal Assistant) for Respondent
8th July, 1957.
The appellant was convicted by the Magistrate It appears to me that the findings of fact of District "A sitting in St. John's on the 11th implicit in the magistrate's decision are either day of April, 1957, of the offence of driving a motor vehicle on the Old Parham Road on the 22nd (a) that the appellant had brought his
day of March, 1957, without reasonable considera- car to a standstill before the accident occurred,.
tion for the other persons using the road, contrary or to Section 53 of the Vehicles and Road Traffic (b) that the appellant's car w'as still in
Ordinance 1956. motion when the accident occurred, and that in
either case the appellant's conduct in the
The appellant has appealed from the Magis- circumstances was such that it could rensonatrate's decision on the following grounds:- bly be held by the magistrate that he was
1. That the decision is erroneons in driving his car in the manner charged.
point of law in that the learned Magristrate
poi wrofnlaw in nthat the e edagtra The facts of this case are that the appellant
driving A.G. 998 at the time of the accident, was driving along the Old Parham Road at about the car being at a standstill. 12.45 p.m. on the day in question in the direction
of St. John's. There were two other persons in 2. That the decision is unreasonable and the car with him one of whom, Sergeant Brookts,
cannot be supported having regard to the was sitting in the front seat on the appellant's left,
evidence; in fact all the evidence points to the and the other, Sergeant Simon who was sitting in conclusion that the defendant exercised every the back seat. Sergeant Brookes says that the care for other users of the road. appellant was driving o08 his left side of the road,
and after the appellant's car had passed the Antigua This appeal has caused the Court some concern Grammar School he (i.e. Sergeant Brookes) saw because the trial magistrate has failed to remit to two other vehicles on the road. One was a carthe Court, in accordance with the usual practice, a A.G. 6.51 which was parked on the extreme left of memorandum containing the reasons for his decision the road facing St. John's, and the other a lorry and the primary facts found by him. This Court some four or five hundred feet away from the
is aware that no statutory authority exists for this parked car and approaching the appellant's car in practice, but nevertheless the practice is a well the opposite direction. The lorry when first seen established one and has much to commend it, and by Sergeant Brookes was in the centre of the road the Court is of the opinion that it should be and at this time the appellant's car was about the observed in all cases where an appeal is lodged same distance from the parked car as was the lorry. against a magistrate's decision. The vehicles continued to approach each other
increasing their respective speeds according to There is no power under the Magistrate's Code Sergeant Brookes from about 20 to 25 m.p.h. and of Procedure Act, Cap. 61 to remit an appeal by when the appellant's car was about 15 to 20 feet motion to a trial magistrate for further information from the parked car the appellant moved towards as may be done in the case of an appeal by way of the centre of the road and stopped his car. The a stated case. In the circumstances the Court is lorry continued to approach and attempted to pass left with no other alternative but to try and the appellant's car. This manoeuvre was not ascertain as well as it can what facts the magistrate wholly successful for Sergeant Brookes says he must, ex necessitate, have found on which to base "heard a bang at the rear end" of the appellant's his decision to convict, car.
(August 1, 19)57 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. 167
The appellant in his evidence admits that of the road and therefore another question arises he drew from his extreme left hand side of the viz: Could the magistrate on the evidence before road to the middle of the road, but says that he him, and despite the fact that the appellant's car did so to avoid some school children who were may have been at rest when the accident occuron his left side, antd it was then he observed ti e red, have found that the appellant in the circumoncoming lorry. He says il:at it was obvious to stances then existing was driving his car in the him that he could not pa the parked car before manner alleged in the charge ? To answer this the lorry did, and as the lorry had the right of question it is necessary to ascertain what were way he drew slightly to the left as the children the circumstances in which the appellant :had then gone through a hedge, and brought his brought his car to a standstill, and to what car to a standstill about 12 to 15 feet behind the extent, if any, this action on the part of the parked car. appellant may have contributed to or caused the
A witness for the prosecution named accident.
Samuel Bousan who was the driver of the lorry A witness for the prosecution Sergeant
,concerned says that while his lorry was passing Osborne gave evidence of measurements which the parked car defendant was about passing_, he took at the scene of the accident. It is alleged same car also. I felt I touch him so 1 slowed by Sergeant Brookes and not contradicted by the up. Defendant was at that time almost centre appellant that the appellant's car was in the of the road." This witness under cross examrnina- same position when the measurements were tion said I never saw when you stopped laken as it was when the accident occurred. The behind A.G. 651. When I began to pass you appellant also admits that he is in no position to
I thought the whole of my lorry could pass you question the measurements made by Sergeant clear. I believed you did the touching in the Usborne therefore these measurements must he winding of your stopping." The inference to accepted as being true and correct. The Serbe drawn from this witness's evidence is that the geant says that the road at the relevant spot was witness was of the opinion that the appellant's 16 feet 10 inches wide, the distance from the car was not at rest when the vehicles touched right front wheel of the appellant's car to the each other. right edge of the road was 7 feet 8 inches and
from the right rear wheel to the right edge of
The evidence of Sergeant Brookes on this the road 6 feet 9 inches. The centre line of the point is very clear however. In answer to
A.G. 998 stopped about 15 feet to rear of A.G A.G. 98 stopped about 15 feet to rea of A.G. given by Sergeant Osborne clearly indicate that 651 and was in the centre of the road. At that the appellant had stopped his car well over the time lorry was 5 feet away from A.G. 651." The centre line of the road and at somewhat of an appellant himself says that he stopped his car angle across, and not parallel with, the road. before the accident ocurred and his statement in this respect is corroborated by Sergeant It was argued by counsel for the appellant
Brookes who, the appellant admits gave his evi- that before a conviction could be obtained for dence in a very fair mIariaer. On the other hand the offence with which the appellant was the witness Samuel Bousan who was called for charged it must be shown that the appellant did the prosecution was the driver of the lorry con- some positive act constituting the offence. In this cerned in the accident and it is only natural that particular case hlie submitted that as the appellant hlie should portray his own actions in the most was merely sitting passively in his car when both favourable light or at least attempt to minimize vehicles came into contact he could not be convicted the part lie played in the accident and accentuate under the section, although he might he charged the appellant's. One wonders why, with another under some other section with obstruction. Counmember of the Police Force present in the appel- sel for the appellant further submitted that it was lant's car, the prosecution thought it necessary essential in order to obtain a conviction under the to call Samuel Bousan as one of its witnesses. In section that evidence should be given that the perthe light of these facts the conclusion cannot be son charged had his vehicle in motion. These avoided that the evidence of the witness Samuel submissions do not commend themselves to me. Bousan was tainted by self interest and conse- A person while driving his car may do some act or quently the evidence of Sergeant Brookes which series of acts which in particular circumstances corroborated the appell-'Mts statement that his might constitute the offence charged, or he may, on car was brought to a standstill before the acci- the other hand, even after he has brought his car dent occurred is to be l)preferred to that of to standstill by his actions immediately preceding Samuel Bousan. In the circumstances I am of the the stopping of his car have created a situation so opinion that the magistrate could rersonably hazardous to other users of the road that a magishave found that the appellant's car had come to trate may be justified in finding his user of the a standstill before the accident occurred and a road unreasonable notwithstanding the fact that his contrary finding would appear to me to be car was not in motion at the time. I am of the
against the weight of evidence. Such a finding opinion therefore, that evidence to the effect that in the appellant's favour ('_es not mean however the appellant's car was in motion is by no means that the appellant by merely stopping his car an essential ingredient of the offence with which he before the accident occurred thereby freed him- is charged and it was not incumbent on the proseself of any responsibility or duty to other users cution to establish this fact.
168 THE ANTIGUA, MONTSERiAT AND VIRGIN ISLANI)S GAZETTE. [August 1, 1957
The evidence makes it clear that the appellant already at lest before the lorry attempted to pass brought his car to a standstill over the middle line it the initiative had ceased to be with the appellant Of the road and on that side of the road along and had passed to the driver Bousan on whom which the lorry would have to pass. It was also alone the responsibility rested to take such action clear that the space through which the lorry had as the circumstances required. Theorecticallv this to pass (omitting for the moment consideration of argument is sound but in actual fact the (driver the grass verge which was 2 feet wide) was 7 feet of the lorry was placed in a position where he had 8 inches wide at the front of the appellant's car to make a decision in the agony of the moment and 6 feet 9 inches at the rear of the said car. and in a matter of seconds. He was placed in that The lorry itself was 7 feet 2 inches wide. These position through no fault of his own but by the. were the conditions created by the appellant and action of the appella t in bringing his car to in those conditions a lorry driver 5 feet away a standstill in an awkward situation in the path of from the parked car and travelling at a speed the oncomniig lorry. These were the circuImsomewhere between 15 and 25 m.p.h. was called stances in which the accident occurred and in the upon to make a decision whether or not he could light of these facts the nmagiistrate decided to convict safely negotiate the passage between the right of the appellant. the appellant's car and tihe right hand side of It was submitted by counsel for the resonItwahebite yroaslfodher.pn
the road. dent that whether the magistrate found theThe distance which the lorry driver had to Ippellant's car to be at a standstill or in motion travel before hlie came abreast of the appellant's at the time when the accident occurred was car cannot be ascertained with any degree of immaterial provided that the surrounding ciraccuracy as the length of the parked car has not cumstances at the time were such (and he been given in evidence. All that can be said is submitted that they were) that the magistrate that before the lorry actually got abreast of the could reasonably have found that the appellant appellant's car it would have to travel the was guilty of the charge. He therefore subestimated distance of 5 feet between itself and the Witted that the magistrate's decision ought not parked car, also the length of the parked car and tp he disturbed. On the other hand counsel for the distance between the parked car and te appellant submitted on the authority of the appellant's car.' This latter distance was Bracegirdle v Oxley (1947) 1. All E.?. 126 that measured by Sergeant Osborne and found to be the Magistrate's decision was one to which no
7 feet 3 inches as between the front bumper of reasonable magistrate, applying his mind to the appellant's car and the back bumper of the proper considerations and giving himself proper parked car. directions, could come and consequently this
Court ought to interfere with the decision.
~In the circumstances assuming tht the parked I am unable to agree with this submission, for car was 7 feet 6 inches long the lorry would although it is possible that another magistrate
have had to travel only about 10 feet before it dn the same facts may have come to a different came abreast of the appellant's cair. This -w ntesmefcsmyhaecmso ifrn
came abreast of the appellants r. This was conclusion it cannot inevitably be said that the a relatively short distance and consequently the magistrate's decision n this ase was so unreawitness Samuel Bousan could not have had much sonable that's it ought not tio stand. I therea-fore time to arrive at a calculated decision travelling as sotabld that it was open t toh magistrate to findore bie wsaaspe bewe 15ad2 np h old. that it was open. to tho magistrate to find
he was at a speed between 15 and 25 m.p.h. in the circumstances that the appellant was Nevertheless Bousan decided that his lorry could in the circumstances that the appellant was driving his vehicle wit.!iout reasonable considerasafely pass the appellant' car in the available tion for other persons using the road and I am space. In the events which subsequently happened f the opinion that such a finding can be his judgment was shown to be erroneous as his supported by the evidence.
lorry in fact came into contact with the rear end of the appellant's car. In the result the, appeal will be dismissed
and the appellant is ordered to pay three
It was argued by counsel for the appellant guineas costs. that the witness Bousan could safely have passed guineas costs. the appellant's car if he had used the grass verge, P. Cecil Lewis,
and that in any event as the appellant's car was Puisne Judge.
Printed at the Government Printing Ofhce, Antia, Leeward Islands, by E X. BLACKMAN, Government Printer.-By Authority.
[Price 19 cents.*
No, of 1957. Tihl,, Iby Regiratlion ANr TuA.
Act (A men dentt.
No. of 1957.
An Ordinance to amend further the Title by
ENACTED by the Legislature of the Colony of Antigua.
1. This Ordinance may be cited as the Title Short title. by Registration Act (Amendment) Ordinance, Cap. 99; Acts 7/I 928
1957, and shall be read as one with the Title by /1932 Registration Act, as amended, hereinafter called the 5l935 ~1511937
Principal Act. 41947
.S. R. & O.
1956 No. 22.
2. Section 12 of the Principal Act is hereby Section 12 of
1A~~~~~ an p1.pda he Principal
repealed and replaced as follows:- Act repealed
"12. (1) Land not registered under Rightto first
this Act may be so registered- ined ace de(a) if the applicant can show a good application
documentary title thereto in himself and therefore,
, ava< d ......
ANTIGUA. 2 Title by flReyistration No, of 1957.
his predecessors in ownership for at least thirty years next before tihe date of the presentation of the request under this Act;
(b) if, notwithstanding that such documentary title thereto cannot be shown, the Court is satisfied from the deeds or other documents accompanying the request that the applicant has the right to claim the land as owner and that he himself has been in undisturbed possession of the same continuously during the period of twelve years next before the date of the presentation of the request under this Act;
(e) if the applicant has, by descent or by will or deed, acquired a title to the land from a person who would have been entitled himself to have the land registered in accordance with the provisions of paragraph (b) of this subsection;
(d) if the land has been in the sole and undisturbed possession of the applicant alone in his own right or as executor, administrator or trustee, or partly in the sole and undisturbed possession of the applicant in any such right and partly in the sole and undisturbed possession of any other person through whom he
claims, continuously for a period of thirty years next before the d(late of the presentation of the request under this Act.
(2) The application to bring land under this Part of this Act shall be made by the owner who shall present a request to the Registrar-of Titles for the issue to him of a first certificate in respect of the land described in the request.
(3) Where the owners of the land are joint tenants, tenants in common or coparceners, the request shall be made in the names of, and shall be signed by, all of them.
No. of 1957. 'Title by JReqistration 3 ANTIGA.
(4) The request shall be in Form 1
in th, Second Schedule and shall be accompanied at the time of presentationby all the titles, deeds or other documents under which the applicant claims to be the
owner of the land.
(5) Forthwith upon the presentation of the request, the Registrar of Titles shall thereupon proceed to give public information of such application by exhibiting' on the door of the Court House a copy of the Schedule of applications in Forim 3 in the Second Schedule, and the person presenting the request shall give further notice of such application by causing that part of the said schedule of applications which relates to his application, to be advertised in two issues of at least one newspaper published in the Colony, and no such certificate shall be issried until the expiration of four weeks from the date of exhibiting the schedule or from the date of the first appearance
thereof in the said newspaper.
(6) The applicant shall also within
seven days after the presentation of the request cause notice of the application to be served personally upon all owners or cocupiers of land adjoining the land for which a first certificate is applied for, and no certificate shall be issued until proof has been given by the applicant that such notice has been given and that four weeks have expired since the giving of that
(7) A Judge may, upon or without
any application, order such special notification to individuals or generally, or may direct such public advertisement of the application for the first certificate in.
newspapers outside the Colony as m'ay to
him appear just and rosoable,
ANTIGUA. 4 TYitle 11 Re i,'Ui,'on *No. of 1957.
(8) Every request for the issue of a first certificate shall be accompanied by a, plan made by a licensed surveyor, and the Registrar of Titles shatll reject any plan which he considers insufficient, subject to an appeal to a Judge in Chambers.
(9) Where the application for a firt certificte is in any respect based on possession of the laid, the request shall be acconlpanied by affidvits of the applicant and of two other persons at least, and such atllhivits shall set out in detail the facts estan)lishing that the applicant has been in sole and undisturbed possession of the land continuously for the period of time required by this section as well as the acts of ownership exercised over the land and shall prove that the rents, fruits and profits accruing out of the land have been taken and appropriated by the applicant as owner during such period."
Section 14 of 3. Section 14 of the Principal Act is hereby the Principal repealed and replaced as follows:Act repealed
" Possessionto 14. (1) Possession for the purpose of
as owner. of section 12 of this Act shall be possession
as owner by a person, his heirs, executors administrators or assigns and not as an encumbrancer holding a life interest or interest
for a termn of years or other less estate.
(2) A certificate of title issued under section 13 of this Act to an executor, administrator or trustee shall be expressed as having been issued to the applicant as such executor,
administrator or trustee. "
Amendment 4. Section 19 of the Principal Act is hereby
of section 19 amnendedof the Principal Act, (i) by substituting the words and figures
"Crown Proceedings Ordinance, 1954" for the words "Crown Suits Act or any Ordinance amending,
No. of 1957. Title by Registratim T
repealing or substituted for the same'' in subsection (1) of thle sectW~I) ll for1( iI9 ''3 o~f
23 "in the inargi nai note therto;
(Mi bysbsittingy the words into the
gree ir revenue of the Colony "'f
tie words "'into the said fund "' in
subseci ion (2) (f tile section.
5. Si hsee,(tIoi (2) of st'ctioii 3-11 of tile Amprndii-nt Prince pdl Act is; hureby mne iid( i by sn b~ilt itillno of section 34iA I of the Princi" Subseeuos (5), (~6), (7) andl (8) tof set1,cl! 12 as pal Act. well as section 113 "' for '' Sections 12 and .13 occurring therein.
6. The Principal Act is hereby' amended by liiertio-ii of
insertinfy therein irm md iato-l after serin34.,\ bhe 1, s-eetio,, followini~r sections nuniheredf 34 B. 3 IC, 341), 3414 pal AthePin and 34 F:"3 -11,. WVhere at cert i ot te of title has issue of niew
been issued wilthout a plmn :atacied it shall certifiate of
be awin fr tI ItgistraPit of ri~ties ait thle attached.
request of the registered P ;ojrietor to issue( to ich reti:gstered propriet or it new
certifiate of title with plan attached.
34C, Notwithstandiit anNvth ingt, to Request for
the contrmrv cowiitned in this Act, from first certificate ft title etc. to
:111d :1tt-'l ttit n lnto Ipertiion of e fteompin t i ( 1 3 ITnesrt or. thle oStt f med by plin.
aI first ctrt ifiate of title and, whenl there is 110 plan attached to the certificate of title, every a ppl ication made tinder sections 34B) injd 1414 of this A1ct for thle issue of at new certificate of title anfd everY tralisfer aid every request for transmission of land registered tinder this Act and everY recitnest: for the issue of a new certificate of title under the provisions of actions 3411 a.nti 34F of this Act shll be aeonpaitiet by three plans of the land to h~e descril led in tie certificate of title, two Of witich shall be atached to thle original Rod duplicIte certificates of title when
ANTIGUA. 6 Title by Registration No. of 1957'
Section 12 (5) 34D. Subsections (5), (6), (7)
(6) (7) (8) and
ofion a3 to and (8) of section 12 as well as section apply to r(- 13 of this Act shall have effect, mutalis
sections 34B .mutandi,, on every request made under
and 34C. sections 34B and 34C of this Act.
Partition. 34E. Where an Order for the partition of land registered under this Act is made by the Court the W\Vrit of Partition directed to the Provost Marshal shall he sufficient to authorise the Provost Marshal to transfer to the several parties amongst whom the land has been
partitioned their respective portions, and subject to-the production of the required plans by the respective parties concerned the Registrar of Tities shall at the request of the Provost Marshal issue certificates of title to the said parties for their respective portions at their expense.
Rectification 34F. If it is proved to the satisfacof plan, tion of the Court or a Judge that any
error or discrepancy appears on a plan registered under this Act he may direct such inquiry as he may think fit to be made into the circumstances of the case and upon proof of such error or discrepancy order that the plan be corrected or rectified or that a new plan be made and substituted for the former: Provided that on every such inquiry four weeks notice shall be given to the owners or occupiers of lands adjacent to the portion of land comprised in the plan to be corrected or rectified and likely to be affected by such correction or rectification and provided further that when a new plan is ordered section 34D of this Act shall also apply to this section."
Amendment 7. Section 136 of the Principal Act is hereby
of section 136 amendedof the Prineipal Act. (a) by inserting a comma after the
word "clerks "; and
No. of 1957. Title byq Registration 7 AN n'GouA.
(b) by inserting the words "or by
means of a rubber stamp" between the
said comma and the words "if such".
8. Section 146 of the Principal Act is hereby kmoendment amended by substituting the word "appears for of section 14 of the Princithe word "bears pal Act.
9. Section 164 of the Principal Act is hereby Amendment amended by substituting the word "Crown for of"'ction 164 M 'of the Prinoithe words "assurance fund pal Act.
10. Section 165 of the Principal Act is Amendment hereby amended by substituting the "words of .ection165 of the PrinciSupreme Court" for the words "Circuit Court ". pal Act.
11. Section 170 of the Principal Act is hereby oAm emen amended by inserting the words "or otherwise con- of the Princitrary to the provisions of section 19 of the Supreme pal "ct. Court Act, 1939 between the words for or in expectation of any fee, gain or reward and the words and a further affidavit "; and substituting 20/1939 for Cap.22 in the marginal note to the section.
Passed the Legislative Council this day of 1957.
Clerk of the Council.
ANTrIGUA. 8 Tile b1/ le'0istrauo No, of 1957,
OBJECTS AND REASONS.
The object of this Bill is to revise the Title by Registration Act in the following respects:(i) by seeking to make provisions to define more
precisely the right of the owners of unregistered land to bring the same under the operation of the
said Act (Clauses 2 and 3); and
(ii) by seeking to amend the Act in other respects
which are deemed necessary.
2. Clauses 2 and 3 of the Bill are based upon the Title by Registration Act (Amendment) Ordinance, 1949 (No. 2 of 1949) of Domiiica and clause 6 of the Bill is, based upon the Title by Registration Act (Amendment) Ordinance, 1950 (No. 15 of 1950) of the same Colony.
W. E. JACOBS,
Attorney General's Chambers,
28th March, 1957.
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A 471180-320-7.57. [Price J0 cen ls.1
No, of 1957. Licensing Act (Amendment) ANTIGUA.
No. of 1957.
An Ordinance to amend further the Licensing Act,
ENACTED by the Legislature of the Colony of Antigua.
1. This Ordinance may be cited as the Short title. Licensing Act (Amendment) Ordinance, 1957, and shall be read as one with the Licensing Act, 4/1879 1879, as amended, hereinafter called the Principal /1947 Ordinance.
2. Section 3 of the Principal Ordinance is Amendment of section 3 of
hereby amended as follows:- the Principal
(i) by deleting the definition of the
expression cruise ship "; and
(ii) by substituting the following for the
definition of the expression
" hotel ""hotel means any building or group of buildings (occu-
ANTIGUA. 2 Licensi, Act (Amcndment) No. of 19,5 7.
pled together) for the acconniodation for reward of guests and includes the curtilagre thereof and all structures within such curtilage or occupied with or appurtenant to the said building or group of buildings ;.
Amendment 3. Section 4 of the Principal Ordinance is
of section 4 of
the Principal hereby amended by deleting the words and brackOrdinance. ets (other than applications for a proprietary
Section A of 4. Section 11A of the Principal Ordinance
Ordinance is hereby repealed. repealed.
Amendment 5. Section 12 of the Principal Ordinance is
of section 12
of the Princi- hereby amended as follows:-pal Ordinance.
(i) by substituting the following for subsection (2):"Hotel (2) (a) A hotel licence, in the
licence, form set out in Schedule E to
this Act, which shall authorise the person to whom it is granted to sell by retail any intoxicating liquor, on which every duty payable thereon has been paid, to be consumed on the hotel premises, whether the person to whom such liquor is supplied is or is not a guest at such hotel.
No intoxica- (b) No intoxicating liquor shall
ting liquor to
be sold in any be sold or exposed, offered or kept hotel not duly for sale, in any hotel which is not
licensed, duly licensed in that behalf.
Premises to (c) No hotel licence shall be
for use as granted for any premises unless
hotel, the Licensing Magistrate is satisfied that the said premises are designed and fitted out for use as A hotel.";
No. of 1957. Licensing Act (Amendment) Arr ic i.
(ii) by deleting subsection (2A);
(iii) in subsection (6)(a) by renurnbering the subsection
as para-raph (a) thereof,
(b) by substituting the words
" Licensing Magistrate" for the words Governor in Council occurring in
the subsection, and
(c) by adding the following as paragtph (b) of the subsection:"(b) No proprietary c lub licence shall be granted in respect of any premises which the Licensing Magistrate is satisfied are either designed and fitted out for use as a hotel or are being used
as a hotel.";
(iv) in subsection (8)(a) by substituting the words On
every hotel licence, seventy-two dollars for the words )On every hotel
licence, ten pounds ", and
(b) by deleting the words "On
every special hotel licence..........
twenty-four dollars ".
6. Section 32 of the Principal Ordinance is Amendment hereby amended as follows:- of section i2
of the Prinaoipal Ordinance.
(i) by substituting the words a tavern
licence or a club licence for the words "a tavern licence, a club licence or a special hotel licence"
occurring in subsection (1); and
(ii) by deleting the words "or to persons
other than guests in an hotel in respect of which a special hotel licence has been granted" and the words or special hotel" occurring
in subsection (3).
ANTIGUA. 4 Licensing Act (Amendment) No. of 1957.
Amendment 7. Schedule E to the Principal Ordiiiance
of Scheale is hereby amended by substituting the word per. to the PrincipalOrdinance. son for the word guest occurring therein.
Repeal of 8. Schedule E5 to the Principal Ordinance
to the Princi is hereby repealed. pal Ordinance.
Passed the Legislative Council this
day of 1957.
Clerk of the Council.
No, of 1957. Ternsign Act (Amendment) 5 AN T I r A.
OBJECTS AND REASONS.
At present, every person desirous of applying for the grant or renewal of a proprietary club licence shall make application for the same to the Governor in Council who may authorise the Collector of Customs to grant the appropriate licence or may reject the application; such rejection is final and no appeal lies therefrom.
2. There are also, at present, Hotel licences and Special hotel licences which may, inter alia, be granted under the provisions of the Licensing Act, 1879, as amended. A hotel licence authorises the person to whom it is granted to sell by retail to any guest in the hotel therein named or described any intoxicating liquor, on which duty has been paid, to be consumed upon the hotel premises. A Special hotel licence
authorises the person to whom it is granted to sell by retail between the hours of eight o'clock in the morning and eleven o'clock in the evening any intoxicating liquor, on which duty has been paid, to be consumed on the hotel premises, whether the person to whom such liquor is supplied is or is not a guest at such hotel. During the time that any cruise ship is within the limits of a port in the Colony, or on the occasion of any dance, ball, or other entertainment being held in a specially licensed hotel, the senior police officer in the Colony may grant a written authority to the occupier of a specially licensed hotel to sell intoxicating liquor to the passengers from such ship and other persons attending at such time such dance, ball or other entertainment (luring such hours and on such days as may be specified in such written authority.
3. As regards paragraph 1 of this memorandum, it has been decided that licensing powers in respect of proprietary clubs should, as they were formerly, be conferred upon the Licensing Magistrate and this Bill seeks to give effect to that decision. The Bill also seeks to prohibit the granting of proprietary club licenses in respect of any premises which the Licensing Magistrate is satisfied are either designed and fitted out for use as a hotel or are being used as a hotel.
4. As regards paragraph 2 of this memorandum, it has been decided that persons to whom Hotel licences have been granted should, as at present, be authorised to sell intoxicating liquor by retail to be consumed on the hotel premises at any time. It has, however, also been decided that such persons should be authorised to sell intoxicating liquor as aforesaid,
ANTIGUA. 6 Licensing Act (Amendment) No. of 1957.
not only to guests in hotels but also to persons who are not such guests and that Special hotel licences should no longer be granted-this Bill also seeks to give effect to those decisions.
5. At present the fee payable in respect of a hotel licence is $4S.00 quarterly and that in respect of a Special hotel licence is $24.00 quarterly. In consequence of the proposal to abolish Special hotel licences, the Bill seeks to increase the fee in respect of hotel licences to $72.00 so as to avoid any loss of revenue.
6. The opportunity has been taken to substitute, in the Principal Ordinance, a new definition for the expression
" hotel "
W. E. JACOBS,
Attorney General's Chambers,
19th June, 1957.
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A. 47195-320-7-57. Price 8 cents.
No. of 1957. Law Reformn ANTIGUA.
No. of 1957.
An Ordinance to amend the common law fn certain
respects and to enact certain provisions affectming civil remedies.
ENACTED by the Legislature of the Colony of Antigua.
1. This Ordinance may be cited as the Law Short title.
Reform (Miscellaneous Provisions) Ordinance, 1957.
2. (1) In this section- Apportionment of liabicourt means, in relation to any cl&im, the lities inoaseof I contributory
court or arbitrator by or before whom the negligence.
claim falls to be determined;
" damage includes loss of life and personal
"fault means negligence, breach of statutory
duty or other act or omission which gives rise to a liability in tort or would, apart from this Ordinance, give rise to the
defence of contributory negligence.
ANTGUA. 2 Law Refort INo. of 1957.
(2) Where any person suffers damage as the
result partly of his own fault and partly of the fault of any other person, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard t) the claimant's share in the
responsibility for the damage:
Provided that-(a) this subsection shall riot operate to defeat any defences arising under a contract;
(b) where any contract or enactment providing for the limitation of -liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit
(3) Where damages are recoverable by any
person by virtue of the foregoing subsection subject to any reduction as is therein mentioned, the Court shall find and record the total damages which would have been recoverable if the claimant
had not been at fault.
(4) Where any person dies as the result
partly of his own fault and partly of the fault of any other person or persons, and accordingly, if an action were brought for the benefit of the estate 8l195, under section 2 of the Causes of Action (Survival)
Act, 1951 the damages recoverable would be reduced utinder subsection (2) of this section, any damages recoverable in an action brought for the benefit of the wife, husband, parent or child of the deceased cap. 8 person- under the Fatal Accidents Act shall be
reduced to a proportionate extent.
(5) Where, in any case to which subsection
(2) of this section applies, one of the persons at fault avoids liability to any other such person or his personal representative by plea(ling any enact-: ment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages or contributions from that other person or representative by virtue of the said subsection,
No. of 1957. Law Reform 3 ATIGUA.
(6) Where any case to which subsection (2) of this section applies is tried with a jury, the jury shall determine the total damage which would have been recoverable if the claimant had not been at fault and the extent to which those damages are to be reduced.
(7) Article 21 of the Convention contained 22 & 23 Geo. V in the First Schedule to the Carriage by Air Act, c. 86 1932, (which empowers a Court to exonerate wholly or partly a carrier who proves that the damage was caused by or contributed to by the n(gligence of the injured person) shall have effect subject to the provisions of this section.
3. Section 2 of this Ordinance shall not savings for apply- Maritime
Act, 1911, and
(a) to any claim to which section one of past cases.
the Maritime Conventionls Act, 1911, applies, 1 & 2 sGo.
and that Act shall have effect as if this Ordi- v.c. 7.
nance had not been passed; or
(b) to any case where the acLs or omissions
giving rise to the claim occurred before the
-passing of this Ordinance.
4. (1) The doctrine of common employment Abolition of at common ilawi is hereby abolished, and it shall not doctrine of all .common embe a defence t,, an action against a defendant for ployment damages in respect of personal injuries caused by the wrongful act, neglect or default of a person employed by the defendant, that that person was at the time of the occurrence which caused the injuries in common employment with the plaintiff.
(2) Every provision in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this Ordinance) is void in so far as it had the effect of excluding or limiting any liability of the employer in respect of personal inji,es caused to the person employed or apprenticed by the wrongful act, neglect or default of any person in common employment with him.
ANTIGUA. 4 Law Reform No. of 1957.
(3) In this section, personal injuries" includes any disease and any impairment of a person's
physical or mental condition.
(4) This section binds the Crown.
Liability of 5. (1) In this sectionowner of dog
for injury to men4tr
persons, poul poultry means domestic fowls, turtry and small keys, geese, ducks and guinea fowls;
" small stock means calves, heifers, sheep, goats and swine.
(2) The owner of a dog shall be liable in
damages for injury done to any person, poultry or small stock by that dog; and it shall not be necessary for the person seeking such damages to show a previous mischievous propensity in the dog, or the owner's knowledge of such previous propensity, or to show that the injury was attributable to neglect
onthe part of the owner.
(3) Where any such injury has been done
by a dog, the occupier of any house or premises where the dog was kept or permitted to live or remain at the time of the injury shall be presumed to be the owner of the dog, and shall be liable for the injury unless he proves that he was not the
owner of the dog at that time:
Provided that where there are more occupiers
than one in any house or premises let in separate apartments, or lodgings, or otherwise, the occupier of t hat particular part of the house or premises in which the dogr has been kept or permitted to live or remain at the time of the injury shall be presumed
to be the owner of the dog.
Passed the Legislative Council this day of 1957.
Clerk of the (Council.
No. of 1951. Law Reform 5 ANTIGUA.
OBJECTS AND REASONS.
The object of this Bill is to revise the law of the Colony by bringing it into line with that in force in England with respect to contributory negligence and the abolition of the doctrine of common employment.
2. The Bill also seeks to make provisions governing the liability of the owners of dogs for injury to persons, poultry and small stock; these provisions are also based upon United Kingdom legislation but have been modified to meet local requirements.
3. A Comparative Table is attached.
W. E. JACOBS,
Attorney General's Chambers,
29th March, 1957.
. COMPARATIVE TABLE
The Law Reform (Miscellaneous Provisions)
1. Short Title
2. The Law Reform (Contriutory Negligence) Act, 1945 (8 & 9 Geo. 6 c. 28), Sections 1 and 4. Adapted
3. The same. Section 3 Adapted
4. The Law Reform (Personal
Injuries) Act, 1948 (11 & 12 Geo. 6 c. 41), Sections 1, 3
and 4 Adapted
5. The Dogs Act, 1906 (6 Edw. 7
c. 32), Section 1 Adapted
Printed at the Government Printing Offioe Antigua, Leeward Iada,
by E. M. BLA( ATAN, Government Printer,,-By Authority, 1957,
A, 47/220-320-7.57. Price 7 cents.
STATUTORY RULES AND ORDERS.
1957, No. 21.
The Police Welfare Association (Amendment) Rules, 1957,
dated July 17, 1957, made by the Governor by virtue of section 60 of the Police Act, 1951 (No. 12 of 1951).
1. Citation. These RlZules may be cited as the Police Welfare Association (Amendment) Rules, 1957, and shall be read as one with the Police Welfare Association Rules, 1949 (General Government S. R. & O. 1949, No. 14) hereinafter called the Principal Rules.
2. Amendment. Paragraph (1) of rule 3 of the Pri' cipal Rules is hereby amended(a) by substituting the words not more than six
members for the words not more than five members ";
(b) by substituting a semi-colon for the colon after
the words "in each year" and adding immediately after the semicolon the words of these members, one shall be either an inspector or a sergeant, two shall be corporals
and three shall be constables."; and
(c) by deleting the proviso to the paragraph.
Dated this 17th d(lay of July, 1957.
A. T. WILLIAMS,
Printed at the Government Printing Office, Antigua, Leeward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
A 60184--530-7.57. [Price 3 cents.]
STATUTORY RULES AND ORDERS.
1957, No. 15.
PROCLAMATION DATED JULY 26, 1 957, PROROGUING THE LEGISLATIVE COUNCIL OF THE COLONY.
BY THE GOVERNOR OF THE LEWARD ISLANDS.
0. R. Kelsick,
WHEREAS the Legislative Council of the Colony of Montserrat has been duly constituted under the provisions of the Montserrat Constitution and Elections Ordinance, 1952 (No. 1 of 1952.):
A D WHER AS it is provided, inter alia, by subsection (1) of section 25 of the said Ordinance that the Governor may at any time, by proclamation, prorogue the said Legislative Council:
AND W H1E E S it appears expedient to prorogue the said Council:
NOW, 'I H E EFO k E, in exercise of. the powers in me vested as hereinbefore recited I do hereby prorogue the Legislative Council of the Colony of Montserrat until such further date as may be appointed, by proclamation of the Administrator und(ler the provisions of section 18 of the said Ordinance, for the first sitting in the next session of the said Council:
AND the members of the said Council and all other Her Majesty's officers and loving subjects in the said Colony and all those whom it may concern are hereby required to take due notice hereof and to govern themselves accordingly.
GIVEN at the Go'iernment House, Antiua, this
26th day of July, 1957, and in the sixth
year" of HIer Majesty's reign.
GOD) SAVE THE QUEEN!
Printed at one Govexnment Printing Offio.e, Antigua, Leeward Islands,
by E. M. BiACKMAN, GOVERNMENT PRINTEMR.-By Authority.
18100076- 500-7.57. [ Price 3 oents.l
STATUTORY RULES AND ORDERS.
1957, No. 22.
The Public Holidays (Opening of Shops) (No. 2) Order, 1957, dated
July 22, 1957, made by the Governor in Council under Section 8 of the
Public Holidays Act, 1954 (No. 19 of 1954), as amended.
WHEREAS by section 8 of the Public Holidays Act, 1954 (No. 19 of 1954), as amended, it is provided notwithstanding anything contained in the said Act the Governor with the advice of the Executive Council, may from time to time, by order published in the Gazette, permit any class of shop or store specified in such order to be kept open on a public holiday for the sale of any article in the Colony or any part thereof during such hours and subject to such terms and conditions as may be prescribed by such order:
AND WHEREAS the Governor with the advice of the Executive Council of the Colony is pleased to order and it is hereby ordered as follows:.-1. Short title. This Order may be cited as the Public Holidays (Opening of Shops) (No. 2) Order. 1957.
2. Opening of Shops. All shops and stores in the said Colony of whatever nature may be kept open on the public holidays stated in the schedule hereto for the sale therein of any articles up to and including the hour of 11.00 p.m. on the said days.
Made by the Governor in Council this 22rid day of July, 1957.
Clerk (!f the Council.
5th August, 1957 (the first Monday in August).
21st October, 1957 (St. Ursula's Day).
14th November, 1957 (the anniversary of the birth of the Heir to
26th December, 1957 (Boxing Day).
Printed st the Government Printing Office, LFeward Island&.
by E. A. BY,.ACWMAN.,,Government Printer.- By AXthority.
47100492.-500-8.57. Price 3 cents.