Citation
The Antigua, Montserrat and Virgin Islands gazette

Material Information

Title:
The Antigua, Montserrat and Virgin Islands gazette
Creator:
Antigua
Montserrat
British Virgin Islands
Place of Publication:
[St. John's? Antigua]
Publisher:
Govt. Printer.
Frequency:
weekly
completely irregular
Language:
English
Physical Description:
12 v. : ; 25-35 cm.

Subjects

Subjects / Keywords:
Law -- Periodicals -- Antigua and Barbuda ( lcsh )
Law -- Periodicals -- Montserrat ( lcsh )
Law -- Periodicals -- British Virgin Islands ( lcsh )
Politics and government -- Periodicals -- Antigua and Barbuda ( lcsh )
Politics and government -- Periodicals -- Montserrat ( lcsh )
Politics and government -- Periodicals -- British Virgin Islands ( lcsh )
Genre:
serial ( sobekcm )
legislation ( marcgt )
federal government publication ( marcgt )
periodical ( marcgt )

Notes

Dates or Sequential Designation:
v. 1-12, no. 18; July 5, 1956-Mar. 30, 1967.
General Note:
Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.

Record Information

Source Institution:
University of Florida
Holding Location:
University of Florida
Rights Management:
This item was contributed to the Digital Library of the Caribbean (dLOC) by the source institution listed in the metadata. This item may or may not be protected by copyright in the country where it was produced. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by applicable law, including any applicable international copyright treaty or fair use or fair dealing statutes, which dLOC partners have explicitly supported and endorsed. Any reuse of this item in excess of applicable copyright exceptions may require permission. dLOC would encourage users to contact the source institution directly or dloc@fiu.edu to request more information about copyright status or to provide additional information about the item.
Resource Identifier:
001667609 ( ALEPH )
17270322 ( OCLC )
AHX9420 ( NOTIS )
58045856 ( LCCN )

Related Items

Preceded by:
Leeward Islands gazette
Succeeded by:
Antigua official gazette
Succeeded by:
Montserrat official gazette
Succeeded by:
Virgin Islands official gazette

Full Text
- 237
THE
ANTIGUA, M TT
AND
VIRGIN ISLAND TTE.
Oublished by cAuthority.
ON9 VOL. II. THURSDAY, 17TH OCTOBER, 1957. No. 45.
Notices. (f) Lower South Sound point 5. The Government does not bind
situated at Virgin Gorda (lat. itself to accept the highest or any bid. 18028'N. long. 64'23'W) comprising
approximately 2 acres in extent. 6. If any bid made by a nonLease of Crown Lands. The point is situated at the extreme British subject is accepted, the lease
south of a two-mile long reef by him of any lands cannot be probarrier enclosing a bay which has a ceeded with or effected unless and good anchorage and good possibili- until a licence is granted to him for Sealed bids are invited for the lease ties for underwater sports fishing. this purpose under the Aliens Land
for a period of 99 years with option There is no bathing beach but there Holding Regulation Act (Cap. 76).
of renewal, and development within is a building site within the area
the first five years of the lease, of the offered. Administrator's Offle,
following Crown Lands in the Colony Road Town, Tortola,
of the British Virgin Islands:- 2. The lands will be leased subject British Virgin Islands.
(a) The whole of the island of to the fulfilment of the agreed condiLittle St. Eustatia situated within tions of development within an initial INVALIDATION OF ANTIGUA STAMPS.
the North Sound, Virgin Gorda, period of five years and thereafter the
(lat 1831'N, long. 64022'W) con- lease will extend to 99 years inclusive It is hereby notified for general prising approximately 20 acres and of the first five years. The lessee information that, notwithstanding the containing two small but very will have the option of further renew- provisions of the King George VI ten lovely white-sand beaches of al at the expiration of the lease. shillings and one pound Stamps
moderate depth one being on the (Invalidation) Order, 1957 (S. R. & 0.
north of the island and the other 3. Preference will be given to 1957 No. 9) the Antigua stamps of on the south. The larger of the constructional developments for the values of ten shillings and one two beaches is about 400 ft. long purposes which promote tourism or pound authorised for use in Antigua and 120 ft. wide. There are several for private residences. Bids should by the Stamps Order, 1948, (S. R. & 0 good building sites. indicate clearly- 1948 No. 6) may, by virtue of the
King George VI ten shillings and one
(b) The whole of the island of (a) the lands to which they pound Stamps (Continuance of Use)
Prickly Pear situated within the relate (each portion described in Order, 1957, (S. R. & 0. 1957 No. 29) North Sound, Virgin Gorda, (]at paragraph 1 above should be bid continue to be used for the payment
1831'N. long. 6421'W) comprising for separately though there is no of postage or stamp duties up to and approximately 40 acres and contain- objection to two or more portions including the 31st day of March, ing several, good white-sand beaches being combined together in the 1958, after which date they shall no and a number of building sites. same bid); longer be valid for the said purposes.
The island also has a few small
ponds. (b) the type and value of the Provision has, however, been made
development which the intended in the above Continuance of Use
(c) The whole of the island or lessee proposes to carry out with Order for a period of grace of three
islht of Little Saba, known as particulars as to the size of any months thereafter, that is on or
1 "Little Savy" comprising approx- buildings or other facilities to be before the. 30th day of June, 1958,
imately I acre. It is situated within erected on the premises and the use within which holders of the stamps the North Sontd, Virgin Gorda, to which they will )e put; of the abovementioned denomina(lat. 1803'N. long. 64020'W). The tions may effect their exchange tit the
islet has no beach but has an (c) the time within which devel- General Prist Office, St. John's, Antianchorage and possibilitie. for opment will be completed; and gug, for a stamp or stamps of equal underwater sports fishing. A house (d) the annual rental which the value authorised for use in the Colony
can be built upon it. iof Antigua.
intended lessee is prepared to pay administrator's Oce,
(d) Anguilla Point, a promontory to the Government in consideration Antigua.
of the island of Virgin Gorda, of the lease on a per-acre basis 21st September, 1957.
situated in the North Sound (lat. showing
1830'N. long. 64024'W) comprising
2 acres and codzaining a good (i) rental per year during It is hereby notified for general
white-sand beach. There ale one information that his Excellency the
or two building sites. Governor has issued a commission to
(it)rentl pr yer duingMr. 0. R. KE LSICK, D.F.C. appoint(e) Savannah Bay at the centre remainder of the lease. Mng hi to be is Deputyafo th
ing him to be his Deputy for the
of Virgin Gorda, (lat. 18'22'N. long. period of His Excellency's visit to
64'25'W) comprising two separate 4. Bids should be submitted in Merr o m the 4th to
1n Montserrat from the 4th to the 7th
lots of land totalling approximately sealed envelopes marked "BID FOR October, 1957.
6 acres. There are two or more CROWN LANDS" addressed to the
small building sites. The lease Administrator, Administrator's Office, Chief Secretary's Offioe,
will include rights to the beach but Road Town, Tortola and should reach Antigua.
not an exclusive right over the that office not later than 12.00 noon 4th October, 1957.
whole of the beach. on Saturday the 26th Ootober, 1957. 13/00359
'K




238 TlE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZTI' E. [October 17,1957.
It is hre-by notified for general It is notified for general informa- OONFiPrTTTO OF ORDININCOS information that Sir Eric Pridie, tion that the Secretary of State for No. 123. K.O.M.G, D.S.O, O.B.E, Chief Medi- thile Colonies has advised that Ser- No. 123.
cal Officer, Colonial Office, will visit geant J. E. STIVENS of the Leeward The Secretary of State for the Antigua from 8th to 10th and 12th Islands Police Force has been accept- Colonies has informed the Governor to 15th October, Montserrat from 10th ed for a course of training for that the power of disallrmwance will to 12th October and the British Virgin police officers which is due to be held not be exercised in respect of the Islands from 15th to 18th October, at the Metropolitan Police Training undermnentioned Ordinance:School, [lHendon, during the period
2. He will be accompanied on his 28th October, 1957 to 15th March, Antigua.
tour of the Leeward Islands by Sir 1958.
Joseph Harkness, K.C.M.G, O.B.E., 2. Sergeant STEVENS is due to No. 3 of 1957, Publication of the
Medical Adviser to the Comptroller leave for the United Kingdom on or First List of Voters (Extension of for Development and Welfare in the about the 14th October, 1957. Time) (Amendment) Ordinance,
West Indies. The Secretariat, 1957." Sep. 25
Antigua.
Chief ecrolary's Ofice, 7th October, 1957. Secretariat,
Antigua, 60/00143 An tigua.
7th October, 1957, 47/00459
80/00058 The Administrator of Antigua has No. 124.
appointed the undermentioned MarIt is hereby notified for general riage Officer for the Colony of The following Bills which are to be information t h a t Sir KENNETH Antigua: introduced into the Legislative CounBLACKBURNE. K.C.M.G., O.B.E., has Reverend JOHN K. LOCKYIR. cils of Antigua and Montserrat
been appointed Chairman of the Administrator's Ojice, respectively are circulated with this
Joint Commission which as agreed at Antigua. Gazette and form part thereof:talks in London in July, 1957 be- 9th October, 1957.
tween representatives of the United Ref. No. A. 8/4. Antigua.
States, the. United Kingdom, the
Standing Federation Committee and No. 122. "The Exchange Control Ordinance,
the Government of Trinidad and Appointments, transfers, etc., in 1957."
Tobago, will investigate all aspects of the public service, with effect from The Antigna Constitution and the British West Indies request to the dates stated, are published for Elections (Amendinent) Ordinance, make Chaguaramas available as site general information:- 1957."
for the Federal Capital. Jarvis, G. W., Sergeant of Police to be .1onts-val.
uhief Secretary's Office, Sub-Inspector of Police, Leeward "The Prison (Amendment) OrdiAnrgua. Islands Police Force Oct. 22 nance, 1957."
7th October, 1957. P.F. 697 Antigua. The Pensions Act (Amendment)
Ref. No. S. 1A/00005 Bailey. Miss R., Student Nurse, Hol- Ordinance, 1057."
)etrton Hospital resigned appointIt is hercby notified for general mient. Oct. 27.
information that Mr. R. H. Hobden, Christian, C., Petty Officer Class I Appilicitions are invited for the D.F.C., of the West Indian Depart- Public Works Department, appoint- post of Senior Assistant Master, St.
ment of the Colonial Office, will pay ed Chief Petty Officer, Pablic Vincent Grammar School. a visit to the Leeward Islands as Works Department. March 9
follows:- Henry, Miss G., Uncertificated Teach- SAARY:
er, Education Department, appoint- Ilhe salary of tihe post, which is Antigua. ed Certificated Elementary School pensionable is in the scale $2,880 x16th-22nd October Assistant Grade II. Aug. 4 12)- $3,600 per anum, plus a pensionHenry., Miss V, Staff Nurse, Holberton able pay addition of 20% of salary. St. Kitts-Nevis-Anguilla. Hospital, resigned appointment. DUTIES:
22nd-29th October Oct. 8'
22nd-29th, Otober Oct. 8 The officer will be required to
British Virgin Islands. Kirnon, J A. M., Junior Cler Public teach either Mathematics or History
29th October-4th November W r k s Department, appointe and English nu j) to Cambridge Higher
Senior Clerk, Electricity Depart, School Certiicate srandal'I, and to MIAOil ecodm, t totheSchool Cortificate standard, and to Montserrat. ment, on secondment to th e undertake the teaching of general
5th-9th November Treasury W. V., Petty Officerp. 18 subjects in the middle and/or lower
PubLewis Works Department appoint-ty officer lass II school as the Headmaster may direct. Antigua. Public Works Department appoint- He will also be required to assist with
9th-13th November ed Petty Officer Class I, Public extra-curricular activities as occasion
Works Department. March. 9 arises and to assist in the preperation
Chief Seoretary's Oefice, Joshua, D. L, Technician, Printing ariof schemes or work assist in the principation
Antigua. Department, resigned appointment. scta o i.
8th October, 1957. Oct. 14 subject taught by him.
80100058 Maynes, R., Uncertificated Teacher, QUALIFICATIONS:
80(00058 .Education Department resignedQULFATOS
Euappointmenttion. DepartmSept. 30resigned The officer should be a graduate appointment. S-ipt. 30 of a recognised University. A certifiThe Administrator of Antigua Meade, C. N., Senior Clerk, Treas- cate or Diplonia in Education would records with regret the death, on the ury, seconded for duty as Air Traffic cabe an Diploma in Education wouldasset 11th October, 1957, of Mr. OHARLES Control Officer, Coolidge Air Base. W. REYNOLDS, School Attendance Oct. 7 Further particulars regarding the
Officer, Antigua. Osborne, Mrs. E., Junior Clerk, Peas- appointment may be obtained from
ant Development Services, Antigua, the Chief S-cretary, Windward Administrator's Office, transferred to the Colony of St. Islands, Grenada, to whom appliSt. John's, Kitte-Nevis-Anguilla as a Junior cations should be addressed to reach
Antigua. Clerk. Jul. 30 him not latter than the 31st October,
16th October, 1957. Sp cer, R, Uncertificated Teacher, 1957.
Ref, No. A. E. 2333. Education Department resigned appointment. Sept. 30 Ref. A.C. 1318S9-IV




October 17, 1957] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. 239
TRADE MARKS OFFICE, In the Supreme Court of the Any person may within three
PLYMOUTH, Windward Islands and months from the late of the first
MONTSERRAT, Leeward Islands. appearance of this Advertisement in
20th September, 1957. MONTSERRAT CIRCUIT. the Antigua, Montserrat & Virgin
CIRCUIT COUR'T NOTICE. Islands Gazette give notice in dupliYARDLEY & COMPANY LIMIT- NOTICE 1S HEREBYgiven that in cate at the Trade Marks Office, MontED of 105, Carpenters Road, Strat- pursuance of Rulesmade by the Chief sarrat, of opposition to registration of ford, London, E,, and 33, Old Bond Justice under section 16 of the Wind- the said Trade Mark. Street, London, W.. England, have ward Islands and Leeward Islands applied for registration of one Trade Courts Order in Council, 1939, on the F. 0. C. HARRIS,
Mark consisting of the following:- 24th day of September, 1941, as Registrar o/ Trade Marks.
amended, the Honourable the Puisne
Judge selected for the sitting of the IT IS HEREBY NOTIFIED for
j Court in the Montserrat Circuit has e
appointed the undermentioned day general information that as from the
on which the ensuing Circuit shall 8th day of October, 1957, all goods sit in the Colony, that is to say:- brought or sent to the Antigua ElectriOn Tuesday the 29th day of Octo- city, Ice and Cold Storage Department ber, 1957, at 10.00 o'clock in the for Cold Storage will only be accepted I t10.00 c.o H on condition that the department
F. f. C. HARRIS shall be under no liability in respect
Registrar of any loss, deterioration, damage or
Montserrat Circuit. claim of whatever nature occasioned Registrar's Office, by or arising directly or indirectly
R ontserrat, from any defect of whatever nature
23rdete r, .in the refrigerating plant and rooms in Class 48, that is to say: Perfumery Ref.M. 65 A.8-eIII. of the department.
(including toilet articles, preparations The above condition shall be imfor the teeth and hair, and perfumed plicit on the presentation and accept.
soap). ance of any such goods for Cold
RAINFALL FIGURES Storage.
Any person may within three R. T. STEVENS,
months from the date of the first Agricultural Department, Ag. Director,
appearance of this advertisement in Electricity & Telephones.
the Antigua, Montserrat & Virgin A nitlgu a. 7th October, 1957.
Islands Gazette give notice in dupli- Month 1953. 1954. 1955. 1956. 1957. cate at the Trade Marks Office, Montserrat, of opposition to registration of Janunry 1.93 3.04 2.16 5.15 3.16 TRADE MARK'S OFFICE, the said Trade Mark. TORTnLA
Feb. 1.02 2.45 .68 1.23 2.29 BRITISH VIRGIN ISLANDS.
F. 0. C. Harris, 24th September, 1957.
Registrar of Trade Marks 3Ir. 5.60 1.09 .88 1.40 .40 BROWN AND WILLIAMSON
April 2.06 .49 1.75 8.83 2.64 TOBACCO CORPORATION (EXPORT) LIMITED, of Westminster
TRADE MARKS OFFICE, 1.50 3.83 2.81 2.58 1.19 House, 7, Millbank, London, S. W.,
PLYMOUTH, MONTSERRAT. June 1.31 3.32 1.47 5.72 2,86 England, have applied for registration
20th September, 1957. of one Trade Mark consisting of the
July 3.20 3.47 2.13 4.29 1.50 following:CARRERAS LIMITED of Arcadia August 3.15 5.93 8.25 5.67 6.48
"Works, Hampstead Road, London,
N.W., England, have applied for September 2.10 9.91 5.159 2.10 8.45
Registration of one Trade Mark and r
design consisting of the following:- To 12th Oct. .23 2.62 2.32 1.21 1.26
~122.10 36.14 27.99 33.18 0.13 1
PLYMOUTH, MONTSERRAT.
WEST INDItN September, 1957.1
i" WEST INDIAN TOBACCO COM- L
PANY LIMITED of Champ Fleurs, IR
Eastern Main Road, St. Joseph, Trinidad, British West Indies, have applied
for registration of one Trade Mark
consisting of the following:in class 45, that is to say: Tobacco
whether manufactured or unmanufacin Class 45, that is to say: Tobacco, tured.
whether manufactured or nnmanu- To c The Applicants claim that they have
featured used the said Trade Mark in respect
of the said goods for nine years before
Any person may within three r the date of their said Application.
months from the date of the first Any person may within three
appearance of this Advertisement in / months of the first appearance of this
the Antigua, Mlontserrat & Virgin Advertisement in the Antigua, MontIsland, Gaette give notice in dupli- serrat and Virgin Islands Gazette,
cate at the Trade Marks Office, Mont- f- give notice in duplicate at the Trade
serrat, of opposition to registration of Mark Office, British Virgin Islands, of
the said Trade Mark. opposition of the said Trade Mark.
F. 0. C. HARRIS, in Class 45, that is to say: Manufac- H. Alex Beason,
Registrar of Trade Marks. tured tobacco. Registrar of Trade Marks.




240 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE [October 17, 1957
BANKING STATISTICS: LEEWARD ISLANDS.
All figures in British West Indian dollars.
Number of reporting banks: 3 (Barclays Bank (D. C. 0.), Royal Bank of Canada, and Antigua Co-operative Bank Ltd.)
Figures for Quarter ending 31st March, i957. LIABILITIES. ASSETS.
$ $
1. Notes in circulation 5,995.00 1. Cash 819,381.40
2. Balances due by other banks in Colony 24,713.18
2. Deposits $ 11,719,467.76 3. Balances due by banks abroad
(i) Demand 3,860,314.09 and other short claims due by 7,445,373.86
(ii) Time 453,826.66 $
(iii) Savings 7,405,237.01 (i) U.K. 7,244,575.81
(ii) U.S.A. 23,498.65
3. Balance due to (iii) Canada 177,299.40
(iv) Elsewhere
(a) Other banks in Colony 303,392.33 4. Loans and Advances to 3,798,068.72
(b) Bank abroad 354,161.89 (i) Primary Production (including
processing of primary
(i) U.K. 22,787.28 products)
(ii) U.S.A. 87,074.02 (ii) Other industries (including
(iii) Canada 170,457.76 Commerce, Trainsporta(iv) Elsewhere 73,842.83 tion & Distribution)
4. Other Liabilities 299,992.50 $1,997,188.69
(iii) Other Advances 180,880.03
Total Liabilities 12,683,009.48 5. Investments 2 428,27
(a) Local
Excess of reported assets over liabilities 2,662.6L (b) Other 2,428.27
12,685,672.09 6. Other Assets 595,706.66
Net overseas assets held against local liabilities 7,091,211.91 Total Assets 12,685,672.09
GOVERNMENT SAVINGS BANK STATISTICS
LEEWARD ISLANDS
All figures in British West Indian Dollars.
Number of reporting banks: 3 (Barclays Bank (D.C.O.), Royal Bank of Canada, and Antigut Co-operative Bank Ltd.).
Figures for Quarter ending 30th June, 1957.
LIABILITIES. ASSETS. $
$ 1. Cash 876,047.82
1. Notes in circulation 15,930.00 2. Balances due by other banks
2. Deposits $ 12,946,959.96 in Colony 15,685.99
(i) Demand 4,783,986.75 3. Balances due by other banks
(ii) Time 431,326.55 abroad and other short
(iii) Savings 7,731,646.66 claims due by 9,437,240.83
(i) U.K. $9,146,657.37
3. Balance due to (ii) U.S.A 41,55S.00
(a) Other banks in (iii) Canada 249,025.46
Colony 268,926.00 (iv) Elsewhere
(b) Banks abroad 385,795.14 4. Loans and Advances 2,968,422.25
(i) U.K. $2,353.00 to (i) Primary Produc(ii) U.S.A. 139,059.01 tion (including
(iii) Canada 173,545.00 processing of
(iv) Elsewhere 70,838.13 primary products $85,852.00
(ii) Other Industries
4. Other Liabilities 354,942.38 (including commerce,
I Transportation and
Total Liabilities 13,962,553.48 1 distribution) $1,663,235.71
-I (iii) Other Advances $1,219,334'54
Excess of reported assets 1 5. Investments
over liabilities 3,444.73 (a) Local
(b) Other
13,965,998.21 6. Other Assets 668,601.32
Net overseas assets held Total Assets 13,965,998.21
against local liabilities 9,104,486.69




,October 17, 1957] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. 241 TRADE MARKS OFFICE, PLYMOUTH, MONTSERRAT, 2nd October, 1957. BRITISH-AMERICAN TOBACCO COMPANY LIMITED of Westminster House,
1 Millbank, London, S.W. England have applied for Registration of Five Trade Marks consisting of the Ifollowing:(1) (2)
Trade
Mark,
.W.D.&H.O.WILLS.
W D.&H.O.WILLS.
BRISTOL & LOtDOI.
(3) (4) (5)
CLPR
~England
John Pn yer &Sons Ce LPPE!JCI IS CUALPY
FATIMA
in Class 45 that is to say: Tobacco whether manufactured or unmanufactured.
The Applicants claim that they have used the said Trade Marks 1, 2, 3, 4 & 5 in respect of the said goods for 37, 30, 23, 4 & 37 years respectively 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 Antiqua, Jlonteerrat F. O. C. HARRIS,
Registrar of Trade Marks.




242 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE [October 17, 1957T
TRADE MARKS OFFICE, TORTOLA 10
BRITISH VIRGIN ISLANDS.
24th September, 1957.
BROWN AND WILLIAMSON TOBACCO CORPORATION (EXPORT) LIMITED, of WestminsterHouse, 7, Millbank, London S. W. England, have applied for registration of one: Trade Mark consisting of thefollowing:in class 45, that is to say: Tobacco whether manufactured or unmanufactured.
The Applicants claim that they have used the said Trade Mark in respect of the said goods for twentyeight years before the date of their said Application.
Any person may within three months of the first appearance of this Advertisment in the Antigua, Mont. earrat and Virgin Islands Gazette, give notice in duplicate at the Trade Marks Office, British Virgin Islands, of opposition of the said Trade Mark.
H. ALEX BESSON,
Registrar of Trade Marks,.
TRADE MARKS OFFICE, PLYMOUTH, MONTSERRAT.
2nd October, 1957.
BROWN & WILLIAMSON TOBACCO CORPORATION (EXPORT) LIMITED of
Westminster House, 7, Millbank, London, S.W., have applied for Registration of Two Trade Marks consisting of the following:(1) (2)
L Te
in Class 45 that is to say:-Tobacco whether manufactured or unmanufactured.
The Applicants claim that they have used the said Trade Mark 1 & 2 in respect of the said goods for 9 & 28 years respectively before the date of their said Application.
Any person may within three months from the first appearance of this Advertisement in the Antigua, Monteerrat d Virqin Islands Gazette, give notice in duplicate at the Trade Marks Office, Montserrat, of opposition to registration of the said Trade Mark.
F. 0. HARRIS,
Registrar of Trade Marks
Printed at the Government Printing Offloe, Antigua, Leeward Islads, by E. M. BLACKMAN, Government Printer.-By Authority.
1957.
[Price 8 cents.]




ANTIGUA.
Exchange Control Ordinance, 1957.
ARRANGEMENT OF SECTIONS.
INTRODUCTORY.
section
1. Short title.
2.. General provisions as to Interpretation.
PART I
Gold and Foreign. Currency.
3. Dealings in gold and foreign currency.
4. Surrender of gold and foreign currency.
5. Bailees of gold and foreign currency.
6. Travellers' cheques, etc.
PART 11
Paymnewts.
7. Payments in the Colony.
8. Payments outside the Colony.
9. Compensation deals.
PART III
Securities.
10. Issue of securities.
11. Transfer of securities and coupons.
12. Issue of bearer certificates and coupons.
13. Substitution of securities and Certificates outside Colony.
14. Payment of capital moneys outside the Colony.
15. Duties of persons keeping registers.
16. Additional provisions as to nomi 'nee holdings.
17. Deposit of certificates of title.
18. Additional provisions as to deposited certificates.
19. Special provisions as to dealings in certain securities.
20. Validation of certain transfers.
21. Application of Part III to secondary securities.
22. Interpretation of Part I11.
PART IV
Itnport a$nd Export.
23. Restrictions on import.
24. General restrictions on export.
21). Payment for exports.




PART V.
Miscellaneous.
26. Duty to collect certain debts. 27. Duty not to delay sale or importation of goods. 28. Property obtained by infringement of Ordinance. 29. Provisions supplemental to preceding provisions of Part V. 30. Transfer of annuities, policies, etc. 31. Settlements. 32. Companies.
PART VI
Supplemental.
33. Exemptions. 34. Blocked accounts. 35. Contracts, legal proceedings, etc. 36. Enf6bement and administration. 37. Application to Crown. 38, Treasury orders. 39. Other powers of Treasury. 40. Financial provisions. 41. Branches.
42. Persons leaving the scheduled territories. 43. Determination of residence. 44. Commencement and Repeal.
SCHEDULES:
First Schedule.-The Schedule Territories.
Second Schedule.-Foreign Companies.
Third Schedule.-Blocked Accounts.
Fourth Schedule.-Legal Proceedings, etc.
Fifth Schedule.-Enforcement.
Part I.-General provisions as to evidence and information.
Part II.-General provisions as to offences.
Part III.-Imnport and export.
Sixth Schedule-Retention of Defence (Finance) Regulations.




No. of 1957. Exchange Control. ANTIGUA.
ANTIG UA.
No. of 1957.
BI LL FOR
An Ordinance to confer powers, and impose duties
and restrictions, in relation to gold, currency, payments, securities, debts,. and the import, export, transfer and settlement of property, and for purposes connected with the matters
aforesaid.
[BY PROCLAMATION] Commenee.
ENACTED by the Legislature of the Colony of Antigua.
1. This Ordinance may be cited as the -Short title.
Exchange Control Ordinance, 1957.
2. (1) In this Ordinance, except so far as the General procontrary is expressly provided or the context other- visions Fas to
interpreta.
wise requires, the following expressions have the tiot meanings hereby assigned to them, that is to say:"authorised dealer" means, in relation to gold
or any foreign currency, a person for the time being authorised by an order of the Governor to act for the purposes of this Ordinance as an authorised dealer in relation to gold, or, as the case may be,
that foreign currency;




ANTIGUA. 2 .Exrhange Control. No. of 1957.
"authorised depositary means a person for the time being authorised by an order of the Grovernor to act as an authorised depositary for the purposes of Part III of this Ordinance;
" bearer certificate" means a certificate of title to securities by the delivery of which (with or without endorsement) the title to the securities is transferable;
"certificate of title to securities means any document of title whereby a person
recogniscs the title of another to securities issued or to be issued by the first-mentioned person, and in the case of any such docunent with coupons (whether attached or on separate coupon sheets) includes any coupons which have not been detached; "
coupon means a coupon representing dividends or interest on a security; "foreign currency has the meaning ascribed to it by section 3 of this Ordinance,;
gold means gold coin or gold bullion;
"policy of assurance" means any policy
securing the payment of a capital sum or annuity on the occurrence of a specified event which is certain to happen and includes(a) any policy by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life; and
(b) any policy securing the payment ot an immediate annuity;
and the reference in this definition to the ocurrence of a specified event which is certain to happen shall include the occurrence, which is certain to happen, of one of specified events none of which by itself is certainto happen;




No. of 1957. Exchange Control. 3 AnrTIGIoA.
"prescribed" means prescribed, for the purposes of the provision in question, by
order of the competent authority;
"scheduled territories" has the meaning
ascribed to it by section 3 of this Ordinance;
"secondary securities" has the meaning ascribed
to it by section 21 of this Ordinance;
" securities means shares, stock, bonds, notes
(other than promissory notes), debentures, debenture stock, units under a unit trust scheme and shares in an oil royalty;
" specified currency has the meaning ascribed
to it by section 4 of this Ordinance as
extended by section 6 thereof;
" unit trust scheme means any arrangements
made for the purpose, or having the effect, of providing for persons having funds available for investment, facilities for the participation by them, sis beneficiaries under a trust, in profits or income arising from the acquisition, holding management or disposal of any property whatsoever;
"unit means, in relation to a unit trust
scheme, a right or interest (whether described as a unit, as a sub-unit or otherwise) which may be acquired under
the scheme.
(2) Any provision of this Ordinance (however worded) the effect of which is to prohibit the doing of any act where a person to or by whom the act is to be done or who stands in a specified relation to any property possesses any specified attribute as to residence or otherwise shall, where the act is done to or by two or more persons or, as the case may be, where two or more persons stand jointly in that relation to the property, operate to prohibit the doing of that act if any' of those persons possess that attribute; and any provision of this Ordinance imposing an obligation on any person to do an act if he possesses any specified attribute as to residence




ANTIGUA. 4 Exchange Control. No. of 1957.
or otherwise shall, in relation to any act which can
only be done by two or more persons jointly(a) where all those persons possess that attribute operate to impose a joint obligation on all of them to do the act; and
(b) where some only of them possess that attribute, operate to impose a separate obligation on each one of them who possesses that attribute to do all he can to secure the doing of the act.
(3) Any power conferred by this Ordinance
to prescribe the declarations which are to be furnished on any occasion shall include a power to require that the declarations shall be made by specified persons and shall be verified in a specified
manner.
(4) Nothing in this Ordinance shall be
construed as requiring the Financial Secretary to pay any sum otherwise than in sterling or British West Indian dollars or otherwise than in the Colony, and any provision of this Ordinance requiring the Financial Secretary to pay any sum to any person shall, where that sum is ift a specified currency, be construed as a provision that the Financial Secretary shall pay to that person the amount in sterling or British West Indian dollars which he would have received for the specified currency if he had sold it to an authorised dealer in pursuance of an offer made under ,ection 4 of this
Ordinance at the time when the said sum is paid.
(5) The obligations and prohibitions imposed
by this Ordinance shall, subject to the express limitations contained therein, apply to all persons, notwithstanding that they are not British subjects.
PART I.
Gold and Foreiqn Currency.
Dealings in 8. (1) Except with the permission of the
gold and Governor, no person, other than an authorised foreign
c nrrency. dealer, shall, in the Colony, buy or borrow any gold
or force gn currency from, or sell or lend any gold or foreign currency to, any person other than an
authorised dealer.




No. of 1957. Exchange Control. 5 ANTIGUA.
(2) Except with the permission of the Governor, no person resident in the scheduled territories, other than an authorised dealer, shall, in the Colony, do any act which involves, is in association with or is preparatory to buying or borrowing any gold or foreign currency from, or selling or lending any gold or foreign currency to, any person outside the Colony.
(3) Where a person buys or borrows any gold or foreign currency in the Colony or, being a person resident in the scheduled territories does any act which involves, is in association with or is preparatory to the buyiiig or'borrowing of gold or foreign currency outside the Colony, he shall comply with such conditions as to the use to which it may be put or the period for which it may be retained as may from time, to time be notified to him by the Financial Secretary.
(4) In this Ordinance(a) the expression foreign currency "
does not include any currency or notes issued by the G6vernmient or murder the law of any part of the scheduled territories but, save as aforesaid, includes any currency other than sterling or Eritish West Indian dollars and an vY notes of a class which are or have at any time been legal tender in any territory outside the Colony, and any reference to foriegn currency, except so far as the context otherwise requires, includes a reference to any right to receive foreign currency in respect of any credit or
balance at a bank; and
(b) the expression the scheduled
territories means the territories specified in the First Schedule to this Ordinance, so, however, that the Governor may at any time by order amend the said Schedule, either by the addition or exclusion of territories or otherwise, and the said expression
shall be construed accordingly.




ANTIGUA. 6 Erchlange Control. No. of 1957.
Surrender of 4. (1) Every person in the C'olony who is gold and entitled to sell, or to procure the sale of, any gold foreign-I n
currency. or any forenign currency to which this section
applies, aid is not an authorized dealer, shall offer it, or cause it to be offered, for sale to an authorised dealer, unless the Financial Secretery consents to his retention and use thereof or he disposes thereof to any other person with the perminissi6n of the
Financial Secretary.
The foreign currency to which this section
applies is suich foreign eurrencv (hereafter in this Ordinance referred to as specified currency ") as may from time to time be specified by order (of the
Governor.
(2) If a person who has obtained the consent
of the Financial Secretary to his retention and use of any gold or specified currency, and has stated in an application for the consent that he requires it for a particular purt'ose(, no longer requires the gold or currency fr that purpose, the preceding subsection shall thereupon apply to him in relation to that gold or currency as if the Financial Secretary had revoked his consent to his retention and use thereof.
(3) A person who requires any gold or
specified currency from an authorized dealer shall be treated for the purposes of this section as if the Financial Secretary had consented to the retention and use by him of that gold or currency (subject, however, to any conditions notified to him in accordance with subsection (3) of the preceding section), and as if any statement made by him in an application for that gold or currency as to the purpose for which he requires it had been made by him in an application for the Financial Secretary's consent to his retention
and use thereof.
(4) Where a person has became bound under
this section to offer or cause to be offered any gold or specified currency for sale to an authorised dealer, he shall not e deemed to comply with that obligation by any offer made or caused to be made by him, if the offer is an offer to sell at a price exceeding that authorised




No. of 1957. Exchange Control. 7 ANTIGUA.
by the Financial Secretary or without payment of any usual and proper charges of the authorised dealer, or otherwise on any unusual terms.
(5) Where a person has become bound under this section to offer or cause to be offered any gold or specified currency y for sale to an authorised dealer and has not complied with that obligation, the Governor may direct that that-gold or currency shall vest in the Financial Secretary, and it shall vest in the Financial Secretary accordingly free from any mortgage, pledge or charge, and the Financial Secretary may deal with it as he thinks fit, but the Financial Secretary shall pay to the person who would but for the direction be entitled to the gold or currency such sum as hlie would have received tierefor if he had sold it to an authorised dealer in pursuance of an offer made under this section at the time when the vesting occurred.
(6) In any proceedings in respect of a failure to comply with the provisions of this section, it shall be presumed, until the contrary is shown, that the gold or currency in question has not been offered for sale to ati authorised dealer.
5. (1) Every person in the Colony by Bailees of whom or to whose order (whether directly or gold and foreign
indirectly) any gold or any specified currency c'urrency. in the form of notes is held in the Colony but who is not entitled, to sell it or procure its sale shall notify the Financial Secretary in writing that he so holds that gold or currency.
(2) The Financial Secretary may direct any person in the Colony by whom or to whose order (whether directly or indirectly) any gold or aiiny specified currency in the form of notes is held in the Colony whether or not -he is entitled to sell it or procure its sale, to cause that gold or currency to be kept at all times in ihe custody of such hanker as may be specified in the direction.




ANTIGUA. 8 Exrchange Control. No. of 1957.
Travelers' 6. (1) This section applies to any docucheques, etc. ment of a kind intended to enable the person to
whom the document is issued to obtain foreign currency from some other person on the credit of the person issuing it, and in particular to any traveller's cheque or other draft letter of credit
so intended.
(2) For the purposes of this (rdinance, the
person issuing a document to which this section applies, and the person to whom it is issued, shall be deemed respectively to sell and b)toy foreign currency and where foreign currency i4 obtained by means of the document to sell and buy that foreign
currency.
(3) Any such document not expressed in
terms of sterling or British West Indian dollars shall, if it is of a kind intended to enable the person to whom it is issued to obtain any specified currency, be treated also for the purposes of this
Ordinance as itself being specified currency.
(4) Every person in the Colony who holds or
to whose order there is held any document to which this section applies, being a document expressed in terms of sterling or British West Indian dollars shall encash it or cause it to be ej.icashed in the scheduled territories with the person issuing it or with a banker, unless the Financeial Secretary consents to his retention and use thereof and, where in his application for that consent he has stated thit he requires it for a particular purpose, unless
also he still requires it for that purpose.
(5) A person who acquires any document
to which the last preceding subsection applies from an authorised dealer shall be treated for the purposes of that subsection as if the Financial Secretary had consented to the retention and use by him of that document (subject, however, to any conditions notified to him in accordance with subsection (3) of section 3 of this Ordinance), and as if any statement made by him in an application for that doctmnent as to the purpose for which he requires it had been made by him in an application for the Financial Secretary's
consent to his retention and use thereof.




4o. of 1957. Exchange controll 9 ANTIGUA.
PART II.
PAYMENTS.
7. Except with the permission of the Payments in
Financial Secretary, no person shall do any of the the colony. following things in the Colony, that is to say:(a) make any payment to or for the credit
of a person resident outside the scheduled
territories; or
(b) make any payment to or for the credit
of a person resident in the scheduled territories by order or on behalf of a person resident
outside the scheduled territories; or
(c) place any sum to the credit of any
person resident outside the scheduled territories:
Provided that where a person resident outside the scheduled territories has paid a sum in or towards the satisfaction of a debt due from, him, paragraph (c) of this section shall not prohibit the acknowledgement or recording of the payment.
8. (1) Except with the permission of the Payments Financial Secretary, no person resident in the outside the scheduled territories shalli, subject to the provisions of this section, in the Cololy do any act which involves, is in association with, or is preparatory to, the making of any payment outside the Colony to or for the credit of a person resident outside the scheduled territories.
(2) Nothing in this section shall prohibit the doing of anything otherwise lawful by any person with any foreign currency obtained by him in accordance with the provisions of Part I of this Ordinance or retainod by him iu pursuance of a consent of the Financial Secret:rv.
9. (1) Except with the permission of the CompensaFinanial Secretary, no person shall in the Colony tiou deals. make an m it to or for the credit of a person resi(ient in the scheduled territories, and no person resident in the scheduled territories shall in the Colony do any act which involves, is in association




kNTIGUA. 10 Exchange Control. No. of 1957.
with or is preparatory to the making of any such payment outside the Colony, as consideration for or
in association with(a) the receipt by any person of a paymient made outside the scheduled territories, or the acquisition by any person of property which is outside the scheduled territories or
(b) the transfer to any person, or the creation it) favour of any person, of a right (whether present or future, and whether vested or contingent) to receive a payment outside the scheduled territories or to acquire property
which is outside the scheduled territories.
(2) Nothing in this section shall prohibit the
making of any payment in accordance with the terms of a permission or consent granted under
this Ordinance.
PART III.
SECURITIES.
Issue of 10. (1) Except with the permiission of the
securities. Governor, no person shall in the Colovy issue any
security or do any act which involves, is in association with or is preparatory to the issuing outside the Colony of any security which is registered or to be registered in the Colony, unless the following
requirements are fulfilled, that is to say(a) neither the person to whom the security is to be issued nor the person, if any, for whom he is to be a nominee is resident outside the scheduled territories; and
(b) the prescribed evidence is produced to the person issuing the security as to the residence of the person to whom it is to be issued and that of the person, if any, for
whom he is to be a nominee.
(2) The subscription of the memorandum of
association. of a company to be formed under the cap. 140. Companies Act, by a person resident outside tilhe
scheduled territories, or by a nominee for another person so resident, shall, unless hlie subscribes the




No. of 1957. Exchange (Control. 11 ANTIGUA.
memorandum with the permission of the Governor, be invalid in so far as it would on registration of the memorandum have tile effect of making him a member of or shareholder in the company, so, however, that this provision shall not render invalid the incorporation of the company; and if by virtue of this subsection the number of the subscribers of the memorandum who on its registration become members of the company is less than the minimum number required to subscribe the memorandum, the provisions of the said Act relating to the carrying on of business of a company the number of whose members is reduced below the legal minimum shall apply to the company as if the number of its members had been so reduced.
11. (1) Except with the permission of the Transfer of Financial Secretary, a security registered in the securities + ,and coupons,
Colony shall not be transferred, and a security ot so registered shall not be transferred in the Colony, unless, in either case, the following requirements are fulfilled, that is to say-(a) neither the transferor nor the person, if any, for whom hlie is a nominee is resident outside the scheduled territories; and
(b) the transferor delivers to the
transferee at or before the time of the transfer the prescribed declarations as to his residence and that of the person, if any, for
whom he is a nominee; and
(c) neither the transferee nor the
person, if aiiy, for whom he is to be a nominee is resident outside the scheduled
territories; and
(d) except where the security is regisered in the Coiofn otherwise than in a subsidiary register, the Financial Secretary is satisfied that the requirements of paragraph (c) of this subsection are fulfilled;




ANTIGUA. i2 Exchange Contr9l. No. of 1957.
Provided that(i) neither the transferee nor his agent shall be deemed to have committed an offence by reason only that the requirements of paragraph (a) of this subsection were not fulfilled unless the transferee or, as the case may be, his agent, knew or had reason to believe that those requirements were not fulfilled; and
(ii) neither the transferor nor his agent shall be deemed to have committed an offence by reason only that any of the requirements of paragraphs (c) and (d) of this subsection have not been fulfilled unless, in the case of a non-fulfilment of the requirements of the said paragraph (e), the transferor or, as the case may be, his agent, knew or had reason to believe that those requirements were not fulfilled.
(2) Except with the permission of the
Financial Secretary, a security not registered in the Colony shall not be transferred outside the the Colony if either the transferor or the transferee, or the person, if any, for whom the
tranferor or transferee is or is to be nominee, is
resident in the Colony.
(3) Except with the permission of the
Financial Secretary(a) no coupon shall be transferred in the Colony if either the transferee or the person, if any, for whom he is to be a nominee is resident outside.the scheduled territories;
(b) no person sall in the Colony do any act which involves, is in association with or is preparatory to the transfer of any




No, of 1957. Exchange Control. 13 ANTIGUA.
coupon outside the Colony if either the transferor or transferee, or the person, if any, for whom the transferor or transferee is or is to be a nominee, is resident in the
Colony.
12. LExcept with the permission of the issue of
Governor, no person shall, in the Colony, issue ericates any bearer certificate or coupon or so alter any and coupons. document that it becomes a bearer certificate or coupon, and no person resident in the scheduled territories shall in the Colony do any act which involves, is in association with or is preparatory to such issue or alteration outside the Colony.
13. Except with the permission of the Substitution
Financial Secretary- of securities
and certificates outside
the Colony.
(1) No person in the Colony shall do any act with intent to secure(a) that a security which is(i) registered in the Colony; or
(ii) transferable by means of a bearer certificate in the Colony, becomes, or is replaced by, a security registered outside the Colony or a security transferable by means of a bearer certificate outside the Colony; or
(b) that a certificate of title to any
other security, is issued outside the Colony in substitution for or in addition to a certificate of title thereto which is in, or is or
has been lost or destroyed in, the Colony.
(2) No person resident in the scheduled territories shall in the Colony do any act which involves, is in assoCiation with or is preparatory to any such transaction outside the Colony as is referred to in sub-paragraphs (a) or (b) above.




ANTIOUA. 14 Exchange Con rol. No. of 1957.
Payment of 14. Except with the permission of the
capital Financial Secretarvmoneys
outside the
colony. (1) No person in the Colony shall (do any
act with intent to secure that capital moneys payable on a security registered in the Colony are paid outside the Colony, or that, where the certificate of title to a security is in the Colony, capital moneys payable on the security are paid outside the Colony without production of the
certificate to the person making the payment.
(2) No person resident in the scheduled
territories shall in the Colony do any act which involves, is in association with or is preparatory to any such transaction outside the Colony as is
referred to in subsection (1) of this section.
Duties or 15. Except with the permission of the
persons Financial Secretary, no person concerned with keeping
registers. the keeping of any register in the Colony shall(a) enter in the register the name of any person in relation to any security unless there has been produced to him the prescribed evidence that the entry does not form part of a transaction which involves the doing of anything prohibited by this
Ordinance; or
(b) enter in the register, in respect of any security, an address outside the scheduled territories, except for the purpose of any transaction for which the permission of the Financial Secretary, has been granted with the knowledge that it involved the
entry of that address; or
(c) do any act in relation to the register which recognises or gives effect to any act appearing to him to have been done with such intent as mentioned in the two last preceding sections, whether done by a
person in or resident in the Colony or not.
Additional 16. (1) Whereprovisions as
to nominee (a) the holder of the security is a nominee
holdings. and the person for whomi he is a nominee is
resident outside the scheduled territories; or




No, of 1957. Exchange Control. 15 ANTIGUA.
(b) the holder of a security is not a
nominee and is resident outside the scheduled
territories,
then, except with the permission of the Financial Secretary, no person resident in the Colony shall do any act whereby the holder becomes his nominee in respect of the security.
(2) Except with the permission of the Financial Secretary, a person resident in the Colony for whom the holder of a security is a nominee shall not do any act whereby(a) the holder, being a person resident
outside the scheduled territories, holds the security otherwise than as his nominee; or
(b) the holder, not being a person resident
outside the scheduled territories, holds the security as nominee for a person resident outside the scheduled territories.
(3) Where the holder of a security is a nominee, then, except with the permission of the Financial Secretary, neither he, if he is resident in the Colony, nor any person resident in the Colony through whose agency the exercise of all or any of the holder's rights in respect of the security are controlled, shall(a) do any act whereby he recognises or
gives effect to the substitution of another person as the person from whom he directly receives his instructions unless both the person previously instructing him and the person substituted for that person were, iminedintelv before the substitution, resident in the scheduled territories and not elsewhere; or
(b) do any act whereby he ceases to be a
person bound to give effect to the instructions of another person ii relation to the security, unless the person who theretofore instructed him is resident in the scheduled territories
and not elsewhere.
4) Where the holder of a security is not a nominee and is resident in the Colony, then, except with the permission of the Financial




AsTIGUA. 16 Exehangqe Control. No. of 1957.
Secretary, he shall not do any act whereby he becomes the nominee of another person in respect of the security, unless that other person-is resident
in the scheduled territories and not elsewhere .
(5) No person resident in the scheduled
territories shall in the Colony do any act which.
involves, is in association with or is preparatory to any such transaction outside the Colony as is
referred to in this Section.
Deposit of 17. (1) This and the next following section
certificates
of title. apply to any security except(a) a security which is registered in the Colony otherwise than in a subsidiary register, and on which none of the dividends or interest is payable on presentment of a coupon; and
(b) any such other securities as may be prescribed, and in the following provisions of this section and in the next following section the expressions security ", certificate of title and coupon mean respectively a security to which the said sections apply, a certificate of title to such a security, and a coupon representing dividends or interest on
such a security.
(2) It shall be the duty of every person by
whom or to whose order (whether directly or indirectly) a certificate of title is held in the Colony, and of every person resident in the Colony by whom or to whose order (whether directly or indirectly) a certificate of title is held outside the Colony, to cause the certificate of title to be kept at all times, except with the permission of the Financial Secretary, in the custody of an authorised depositary, and nothing in this Part of this Ordinance shall prohibit the, doing of anything for the purpose of complying with the requirements of
this subsection.
(3) Except with the permission of the
Financial Secretary, an authorised depositary shall not part with any certificate of title or coupon required under this section to be in the custody of
an authorised depositary:




No. of 1957. Exchange Control. 17 ANTIGtA
Provided that this subsection shall not prohibit an authorised depositary(a) from parting with a certificate of
title or coupon to or to the order of another authorised depositary, where the person from whom the other authorised depositary is to receive instructions in relation thereto is to be the same as the person from whom he receives
instr cities;
(b) from parting with a certificate of
title, for the purpose of obtaining payment of capital moneys payable on the security, to the
person entrusted with payment thereof;
(r) from parting with a coupon in the
ordinary course for collection.
(4) Except with the permission of the Financial Secretary, no capital moneys, interest or dividends shall be paid in the Colony on any security except to or to the order of an authorised depositary having the custody of the certificate of title to that security, so, however, that this subsection shall not be taken is restricting the manner in which any sums lawfully paid on account of tilhe capital imoneYs, interest or dividends may be dealt with by the person receiving them.
(5) Except with the permission of the Financial Secretary, an authorised depositary shall not do any act whereby he recognises or gives effect to the substitution of one person for another as the person from whom he receives instructions in relation to a certificate of title,, or coupon, unless there is produced to him the prescribed evidence that he is not by so doing giving effect to any transaction which is prohibited by this Ordinance.
(6) Where a certificate of title which under this section should for the time being be in the custody of an authorised depositary is not in the custody of an authorised deiositary, then, except with thie perminission of the Financial S cretary, no person shall in the Colony, buy, sell, transfer, or do anything which affects his rights or powers in relation to, the security, or do any act which involves, is in association with or is preparatory to any such transaction outside the Colony.




ANTIGUA. 18 Exchange Control. No. of 1957.
(7) Except with the permission of the
Financial Secretary, no person in or resident in the Colony shall, iii the case of a certificate of title with coupons (whether attached or on separate coupon sheetF), detach any of the coupons otherwise than in the ordinary course for collection. Additional 18. (1) Where a certificate of title to a
provisions as
to deposited security i by the last preceding section required certificates, to be and is in the custody of an authorized
depositary, the provisions of this section shall, except so far as the Financial Secretary otherwise
directs, have effect in relation thereto until(a) there are delivered to him the prescribed declarations as to the ownership of the security and the residence of the owners
thereof; and
(b) in the case of a certificate of title which(i) would ordinarily be accompanied by coupons (whether attached or on separate coupon sheets); but
(ii) when it comes into the custody of the authbrised depositary wants, in order to render it complete, any coupons which would not in the ordinary course have been detached for collection,
there have also been deposited with him the
coupons so wanting at the time when the
certificate of title comes into his custody:
Provided that where the said declarations
have been delivered to an authorised depositary and he has parted with the certificate of title, paragraph (a) of this subsection shall not again apply on the certificate coming into custody of another authorised depositary or again coming
into his own custody.
(2) Except with the permission of the
Financial Secretary, the authorised depositary shall not part with or destroy the certificate of title or any coupons belonging thereto, otherwise




No. of 1957. change Control. 19 ANTIGUA.
than as mentioned in paragraphs (b) and (c) of the proviso to subsection (3) of the last preceding section, or do any act whereby he recognises or gives effect to the substitution of one person for another as the person from whom he receives instructions in relation thereto:
Provided that, where the person from whom an authorised depositary receives instructions in relation to any certificate of title becomes bankrupt in the Colony or dies, this subsection shall not prohibit the authorised depositary from recognising the trustee in bankruptcy or personal representative as the person entitled to give instructions in relation to the certificate of title.
(3) The authorised depositary shall place any capital moneys, dividends or interest on the security received by him to the credit of the person by virtue of whose authority he received them, but shall not permit any part of the sums received to he dealt with except with the permission of the Financial Secretary.
19. (1) The Governor may, if in his opinion Special
provisions as
there are circumstances rendering it necessary to dieaings or expedient so to do, by order direct that this in certain section shall apply to such securities as may be securities. prescribed, being securities on which capital moneys, dividends or interest are payable in a specified currency or as respects which the holder has an option to require payment of any capital moneys, dividends or interests thereon in a specified currency.
(2) Except with the permission of the Financial Secretary, no person shall, in the Colony, transfer, or do anything which affects his rights or powers in relation to, any security to which this section applies, and no person resident in the scheduled territories shall in the Colony do any act which involves, is in association with or is preparatory to any such transaction outside the Colony.
20. (1) The title of any person to a security Validation for which he has given value on a transfer thereof, asf er2 and the title of all persons claiming through or under him, shall, notwithstanding that the




ANTIGUA. 20 Exchange Control. No. of 1957.
transfer, or any previous transfer, or the issue of the security, was by reason of the residence of any person concerned other than the firstmentioned person prohibited by the provisions of this Ordinance relating to the transfer or issue of securities, he valid unless the fiirst-entioned person had notice of the facts by reason of which
it was prohibited.
(2) Without prejudice to the provisions of
subsection (1) of this section, the Financial Secretary may issue a certificate declaring, in relation to a security, that any acts done before the issue of the certificate purporting to effect the issue or transfer of the security, being acts which were prohibited by this Ordinance, are to be, and are always to have been, as valid as if they had been done with the permission of the competent authority, and the said acts shall have
effect accordingly.
(3) Nothing in this section shall affect the
liability of any person to prosecution for any
offence against this Ordinance.
Application 21. (1) This )part of this Ordinance shall
of Part IlI
to secondary apply, with such modifications (if any) as may be securities, prescribed, in relation to any such document as
is mentioned in the following subsection, as if the document created, and were the certificatee of title to, a security (hereafter in this Oidinance referred
to as a "secondary security").
(2) The documents referred to in the
precedling subsection are any letter of allotment which may be renounced, any letter of rights, any warrant conferring an option to acquire a security, any deposit certificate in respect of securities (but not including a receipt by an authorised depositary for any certificate of title deposited in pursuance of this Part of this Ordinance), and such other documents conferring, or containing evidence of, rights as may be
prescribed.




N ., of 1957. Exchange Control. 21 ANTIGUAi
22. (1) In this Part of this Ordinance- Interpretation of Part
(a) the expression registered includes i ascribed;
(b) the expression "registered in the
Colony" and registered outside the Colony mean respectively, registered in a register in, and registered in a register outside, the Colony;
(c) the expression security which is
registered in the Colony otherwise than in a subsidiary register meins a security which
either(i) is registered in the Colony and is not and cannot without the necessity for an entry in the register in the Colony become, registered outside; or
(ii) is registered both in the Colony and outside but on a transfer cannot, without the necessity for an entry in the register in the Colony, become registered outside in the name of the transferee; and
(d) the expression a register includes any book, file or index in which
securities are registered.
(2) FLor the purposes of any provision of this Part of this Ordinance prohibiting the transfer of securities, a person shall be deemed to transfer a security if he executes any instrument of transfer thereof, whether effective or not, and shall be deemed to transfer it at the place where he executes the instrument.
(3) References in this Part of this Ordinance to the person holding c certificate of title or coupon shall be conistrui'id as reference to the person having physical custody of the certificate of title or coupon:




ANTIGUA. 22 Exchanye Control. No. of 1957.
Provided that where the certificate of title or
coupon is deposited with any person in a locked or sealed receptacle from which he is not entitled to remove it without the authority of some other person, that other person shall be deemed for the purposes of this, provision to have the physical
custody thereof.
(4) In this Part of this Ordinance, the
expression "holder "(a) in relation to a security transferable by means of a bearer certificate or to a coupon, includes the person holding the
certificate or coupon; and
(b) in relation to a security which is registered in the name of a deceased person, or of any person who, by reason of bankruptoy, unsoundness of mind or any other disability is incapable of transferring the security, means the personal representative, trustee in bankruptcy or other person
entitled to transfer the security.
(5) The holder of a security or coupon shall
be deemed for the purposes of this Part of this Ordinance to be a nominee in respect thereof if, as respects the exercise of any rights in respect thereof, he is not entitled to exercise those rights except in accordance with instructions ,given by some other person, and references in this Part of this Ordinance to the person for whom the holder of a security or coupon is a nominee shall be construed as references to the person who is entitled to give instructions, either directly or through the agency of one or more persons, as to the exercise of any rights in respect of the security or coupon and is not in so doing himself under a duty to comply with instructions given by
some other person:
Provided that(a) a person shall not by reason only that he has a controlling interest in a body corporate be deemed for the "purposes of this subsection to be entitled to give instructions to that body




No. of 1957. Exchangqe Control. 23 ANTIGUA.
corporate as to the exercise of rights in respect of any security or coupon of which it is the
holder; and
(b) a person shall not be deemed to hold a
security or coupon as a nominee by reason only that he holds it as trustee if he is entitled to transfer the security or coupon without permission from any other person.
(6) A certificate of title shall not for the purposes of this Part of this Ordinance be treated as in the custody of an authorised depositary if either(a) the depositary has no notice of the
nature of the certificate; or
(b) the certificate is deposited with him in
a locked or sealed receptacle from which he is not entitled to remove it without the authority
of some other person.
(7) Where a certificate of title outside the Colony is by this Part of the Ordinance required to be kept in thecutodv of an authorised depositary, it shall be deemed to he in the custody of an authorised depositary if(a) by his direction or with his absent
it is in the custody of some other person who holds it on behalf of and to the order of the
authorised depositary; and
(b) the certificate is not deposited with
that other person in a locked or sealed receptable from which he is not entitled to remove it without the authority of a person other than
himself;
and where a certificate of title is by virtue of this subsection deemed to be in the custody of an authorised depositary, re erences in this Part of this Ordinance to the depositary parting with the certificate or a coupon belonging thereto shall be construed as references to his permitting the person having the actual custody thfreof to part with it otherwise than t( the (tepo-itary, and references to his destroying the certifiout( or such a coupon shall construed as references to his permitting it to be destroyed.




ANTIGUA. 24 Exchange Control. No. of 1957.
PART IV.
Import and Export.
Restrictions 23. (1) The importation into the Colony on import. Of
(a) any notes of a class which are or have at any time been legal tender in the United Kingdom or any part of the United Kingdonim;
and
(b) any such other notes as may be specified by order of the Governor, being notes issued by a bank or r otes of a class which are or have at any time been legal tender in any
territory; and
(c) any certificate of title to ainy security, including such certificate which Ihas been cancelled, and any document certifying_ the destruction, loss or cancellation of any
certificate of title to at security,
is hereby prohibited except with the permission of
the Financial Secretary.
(2) In this section the expression note
includes part of a note and the expression
"security" includes a secondary security.
(enerA1 24. (1) The exportation from the Colony ofl-'
restrictions
on export.
(a) any notes of a class which are or have at any time been legal tender in the United Kingdom or any part of the United Kingdom
or in any other territory; and
(b) any postal orders; and
(c) any gold; and
(d) any of the following documents (including any such document which has been
cancelled), that is to say(i) any certificate of title to a security and any coupon; and
(ii) any policy of assurance; and




No. of 1,957. Exchange (Aontrod. 25 ANTIGIJA.
(iii) wiv bill of exchange or promnissory note expressed in terms of a currency other than that of a scheduled, territory and paya~ble oIth er wise than within the scheduled territories; and
(iv) any document to which section 6 of this Ordiniicrei)Tapplieg not issued by an wuthorised dealer or in pursuiance of at permission ~r~tdby the Financial Secreaold any docam nt e.. rti]iving the destruction, loss or cance 1la6i, n of any of the documents
aforesaid; and
(e) iny such, articles exported on the
person of at travel ler -1,) in a traveller's baggage
as mnay be prescribed,
is hereby prohibited eXCepr) With the 1permnissioni of the Financial Secretary.
(2) f ii third, section, the expression note"' includes part of a note, the expressing security includes, tt secondary sectinitY and the expression conjpon "' shall be conlstruedI iii accordance with the ainiig of sucurity
26b. (1) The exportatvion of goods of any Payrinont for clas- or decitir rom the (l)IcI to a dlestinaition exors in any such terrtinr.NO ay be prescribed is hereby prohliliited except with the perinisson of the Financial SLcoreuirY, unliss thle Collector of ( ustomis is satisfied(a) tha J)a VnII n for the g(. ens has been
mad (IC a pejr.4)r resident in flw. M Stoisch manner as ti v 1 prescribed M regulation to goods of that cls ~(tecrpt exported to
ae (l6tntl itt, territory, or is to be so
tMIOle liot la ter than six ,m wn after the date
of exportation, wid
1) hat~ t. im Ofro thie 1pi yrnent that
orO iaa je I-P flld( v' >uch as to
reprr-.Pnt at retan .': W jhiCh is, in adl
the circums~tances satisfactory in hle national
interest;




ANTIGT, 4, 26 Exchange Gontrol. No. of 1957.
Provided that the Financial Secretary may
direct that, in cases to which the direction applies, paragraph (a) the date of exportation were omitted.
(2) For the purpose of satisfying himself in
the case of any goods as to the matters specified in sulbsection (1 ) of this section, the Collector of Customs may require the person making entry of the goods for export to deliver to the collector or other proper officer together with the entry such declarations signed by such persons as he may require, and where any such declaration has been so required the goods shall not be exported until
it has been delivered as aforesaid.
(3) Where the Collector of Customs is not
satisfied in the case of a ny goods as to the matters specified in paragraph (b) of the said subsection (1), he shall give his reasons to the person making entry of the goods for export and shall take into consideration any representations made by him.
(4) Any reference in this section to the destination of any goods includes a reference to the
ultimate destination thereof.
PART V.
Miscellaneous.
uty to col. 26. (1) Except with the permission of the loct certain F1inancial Secretary, no person resident in the debts. Colony who has a right (whether present or
future and whether vested or contingent) to receive any specified currency, or to receive from a person resident outside the scheduled territories a payment in sterling or British West Indian dollars, shall d., or refrain from doing,. any act with intent to secure or shall do any act which involves, is in association with or is preparatory
to any transaction securing-




No. of 1957. Exchange Control. 27 ANTIGUA.
(a) that the receipt by him of the whole
or part of that currency or, as the case may he, of that payrmnt in sterling, or British
Vest Indian dollars is delayed; or
(b) that the currency or payment ceases,
in whole or in part, to be receivable by him:
Provided that nothing in this subsection(i) shall, unless the Financial Secretary
otherwise directs, impose on any person any obligation, in relation to any debt arising in the carrying on of any trade or business, to procure the payment thereof at an earlier time than is customary in the course
of that trade or business; or
(ii) shall, unless the Financial Secretary
otherwise directs, prohibit any transfer to a person resident in the Colony and not elsewhere of any right to receive any specified currency or payment in sterling or
British West Indian dollars.
(2) Where a person has contravened the provisions of subsection (1) of this section in relation to any specified currency or payment in sterling, or British West Indian dollars the Financial Secretary may give to him or to any other person who appears to the Financial Secretary to be in a position to give effect thereto (being a person in or resident in the Colony) ,uch directions as appear to the Financial Secretary to be expedient for the purpose of obtaining or expediting the receipt of the currency or payment in question, nid, without prejudice to the generaliiy of the preceding provisions of thi subsection. may direct that there shall be assigned to the Financial Secretary or to such person as may be specified in the directions, the right to receive the currency or payment or enforce any security for the receipt thereof.
27. (1) Where- Duty not to
(a) any pern mission or cmnsent has been delaysale or .import~ation
granted under this Ordinance, or under any gods
corres)pomding provision of the.law in force in any territory comprised in thie scheduled




ANTIGUA. 28 Echanqe Control. No. of 1957.
territories, subject to a condition providing that, or on the faith of an application stating an intention that, any goods should be sold
outside the schedule territories; or
(b) any statement or declaration has been made under any provision )f this Ordinance or any such corresonling provision as aforesaid that any goods are to be sold outside the
scheduled territories; or
(c) any currency has been obtained in, or by any person resident in, the scheduled territories on the faith of an application stating an intention that any goods should be sold
outside the scheduled territories,
then, except with the permission of the Financial Secretary, no person resident in the Colony who is entitled to sell or procure the sale of the said goods shall do, or refrain from doing, any act with intent.
to secure or shall do any act which involves, is in association with or is preparatory to any transaction securing(i) that the said sale is delayed to an extent which is unreasonable having regard to the ordinary course of trade; or
(ii) that, on the said sale, any payment made for the goods is not made in the manner indicated by the condi-tion, statement, or declaration, as the case may be.
(2) Where(a) any permission or consent has been granted under this Ordinance, or under any corresponding provisions of the law in force in any territory comprised in the scheduled territories, subject to a condition providirng that, or on thet faith of an application stating an intention that, any goods should be imported from outside the scheduled territories into any part of the scheduled territories; or
(b) any currency has been obtained in or by any per o resudei in the scheduled territories o thie faith of an application stating an intention that any goods should be
so imported,




No. of 1957. Exchange Control. 29 ANTIGVA.
then except with the permission of the Financial Secretary, no person resident in the Colony who is entitled to procure the importatio.n of the said goods shall do, or refrain fromin doing, any act with intent to secure that the importation thereof is delayed to an extent which is unreasonable having regard to the ordinary course of trade.
(3) Where in any such case as is specified in paragraph (a), (b) or (c) of subsection (1), or paragraph (a) or (b) of subsection (2), of this section(a) the good have not been sold or
imported as indicated by the condition, statement or declaration within the time thereby indicated or, if no time is thereby indicated, a reasonaile time, or (in either case) within such further time as may be allowed by the
Financial Secretary; or
(b) it appears to the Financial Secretary
that the goods cannot be sold or imported as indicated by the condition, statement or
declaration,
the Financiald Secretary may give to any person resident in the Colony who appears to the Financial Secretary to be in position to give effect thereto such directions as appear to him to be expedient as to the manner in which the goods are to be dealt with.
(4) WVithout prejudice to the generality of the provisions of the last preceding subsection, the power conferred thereby, on the Fi nancial Secretary to give direetioljs shall extend to the giving of directions that the goods shall be assigned to the Financial Secretary or to a person specified in the directions.
(5) The power conferred by the two last preceding subsections in relation to any goods shall extend to the giving of directions with respect to any goods produced or manufactured therefrom, and, where goods to be sold outside the scheduled territories or to be imported were to be produced or minanufactured from other goods, to the giving of directions with respect to those other goods and any goods produced or manufactured from those other goods.




ANTIGUA. 30 Eachange Control. No. of 1957.
Property 28. (1) Where a personobtained by
rinfringement (a) has made any p)avnnt which is
of Ordinance. r ) ..
prolhiti&ed by this Ordinl'ce; or
(b) being bound under this Ordiniianice to offer or cause to be offered any specified currency to an authorised dealer, has otherwise disposed of that currency,
the Financial Secretary may direct him to sell or procure the sale of any property which he is entitled to sell or of which he is entitled to prounre the sale, being property which represents, whether directly or indirectly, that payment or that specified currency as the case may be, and may by the same or a subsequent direction specify the manner in which, the persons to whom and the
terms on which the property is t) be sold.
(2) Without prejudice to generality of the
provisions of subsection (1) of this section the power conferred thereby on the Financial Secretary to give directions shall extend to the giving of directions that the property shall be assigned to the Financial Secretary or to a person specified in
the directions.
Provisions 29. (1) Where, under the preceding provisupplemental sions this Part of this Ordinance, the Financial to preceding i v
provisions of Secretary has power to give directions that any Part v. right to receive anN currency or payment in
sterling or British West Indian dollars or to enforce any security for the receipt thereof, any goods or any other property shall be assigned to the Financial Secretary, the Financial Secretary shall also have power to direct that the right, goods or property shall vest in the Financial Secretary, and it or they shall vest in the Financial Secretary accordingly free from any mortgage, pledge or charge, and the Financial Secretary may deal with it or them as he thinks
fit.
(2) Where, in pursuance of directions under
the said provisions, any right, goods or property is or are assigned to the Financial Secretary or to a person specified in the directions, or any right, goods or property vests or vest in the Financial




No. of 1957. Exchange Control. 31 ANTIGUA.
Secretary in pursuance of directions given under subsection (1) of this section, the Financial Secretary shall pay the net sum recovered by him in respect of the right, gods or property to the person making the assignment or, in the case of any right, goods or property vested in the IFinancial Secretary under subsection (1) of this section, to the person who, but for the directions, would be entitled to the right, goods or property.
30. (1) Except with the permission of the Transfer of Financial Secretary, no person resident in the annuities.
, policies, etc.
Colony shall transfer to a person resident outside the scheduled territories, or who is to be a nominee for a person .resident outside the scheduled territories, any right to the sums assured by any policy of assurance, so, however, that where the person liable for the sums so assured makes any payment thereof to a person resident in the scheduled territories and not elsewhere or makes, with the permission of the Financial Secretary, any payment thereof to any other person,(a) he shall not be bound to enquire as
to the residence of any person other than the person to whom, and (if is not the same person) the person to whose order the payment is made; and
(b) the payment shall, to the extent of
the sums paid, discharge him from' his liability under the policy, notwithstanding that the payment is made to or to the order of a person who was not entitled thereto otherwise than by virtue of a transfer prohibited by this subsection.
(2) Subsection (2) and (3) of section 20 of this Ordinance shall apply in relation to any transfer prohibited by this section as they apply in relation to a transfer prohibited by this Ordinance of a security.
(3) In this section, the expression nominee" has, in relation to any policy, annuity or insurance, the same meaingo as the said expression has in Part iII of this Ordinance in relation to a security.




ANTIGamtA. 32 Exchange Control. No. of 1957.
settlments. 31 (1 ) Except with the permission of the
Financial S'veretaryV, no ers~n resident in the Colony shal ete ain property 4tevise than by will, so as to confe an ia tee st in the property on a person who., at thie tie of ile settlement, is resident outside the scheduled territories, or shall exercise, otherwise than ly will, any power of appointment, whether created by will or otherwise, in favour of a person who, at the time of the exercise of the power, is resident outside the
scheduled territories.
(2) A settlement or exercise of a power of
appointment shall not be invalid by reason that it is prohibited by this sect ion, except so far as it purports to contfer any interest on any person who. at the time of the settlement or the exercise of the power, is resident outside the scheduled
territories.
(3) Subsections (2) and (3) of section 20 of
this Ordinance shall apply in relation to a settlement or the exercise of a power of appointment prohibited by this section as they apply in relation to a transfer prohibited by this ordinance of a
security.
(4) For the purpose of this section(a) any reference to settling property includes a reference to the making of any disposition, covenant, agreement or arrangement whereby the property becomes subject to a trust, or (in the case of a resettlement)
to a different trust; and
(b) a person shall be deemed to have an interest in property if he has any beneficial interest therein, whether present or future, and whether ve4ted or contingent, or falls within a limited class of persons in whose favour a discretion or power in respect of
the property is exercisable; and
(c) the expression will" includes any testamentary disposition.




No. of 1957., Exrhange Control. 8 A rTIGUA.
(5) No person resident in the scheduled territories shall in the Colony do any act which involves, is in association with or is preparatory to any such transaction outside the Colony as is referred to in this section.
32. (1) Where there is served on any per- Companies. son resident in the Colony a notice inl writing that the Fintiancial Secretary wishes any such requirements as are hereinafter mentioned to be complied wih by any suchli body corporate as is specified in the Second Schedule to this Ordinance (hereafter in this subsection referred to as a foreign company "), and that person can, by doing or refraining from doing any act,
(a) causethe foreign company to comply with any of the requirements; and
(b) remove any obstacle to the fore-ign
company complying with any of the requirements; or
(c) render it in any respect more
probable that the foreign company will
comply-with any of the requirements,
then, except so far as permission to the contrary may be given by the Financial Secretary, that person shall do, or, as the case may be, refrain from doing, that act.
The requirements with respect to which such a notice may be given are as follows, that is to say, that the foreign company shall(i) furnish to the Financial Secretary, such particulars as to its assets and business as may be mentioned in the notice;
(ii) sell or procure the sale to an
authorized dealer of any gold or specified currency mentioned in the notice, being gold or specified currency which it is entitled to sell or of which it is entitled to procure the sale;




ANTIGUA. 34 Exchange Control, No. of 1957.
(iii) declare and pay such dividend as may be mentioned in the notice;
(iv) realise any of its assets mentioned in the notice in such manner as may be so mentioned;
(v) refrain from selling, transferring or doing anything which affects its rights or powers in ,relation to, any such securities as may be mentioned in the notice.
(2) Except with the permission of the
Financial Secretary, no person resident in the Colony shall do any act whe reby a body corporate which is by any means controlled (whether
directly or indirectly) by persons resident in the Colony ceases to be controlled by persons resident
in the Colony:
Provided that this subsection shall not prohibit any person from selling any securities anthorised to be dealt in on any recognised stock exchange in the Colony if the sale takes place in pursuance of an agreement entered into in the ordinary course of business on that exchange.
No person resident in the scheduled territories shall in the Colony do any act which involves, is in association with or is preparatory to any such transaction outside the Colony as is referred to in
this subsection.
(3) Except with the permission of the
Financial Secretary, no person resident in the Colony shall lend any money or securities to any body corporate resident in the scheduled territories which is by any means controlled (whether directly or indirectly) by persons resident outside
the scheduled territories:
Provided that this subsection shall not apply
where the lender after making such inquiries as are reasoiable in the circumstances of the case does not




No. of 11057., Exchange CJontrol. 35 ANTIGUA.
know ffli(i ha-, no reason to suspect that the body corporate is controlled as aforesaid.
No person resident iin the sclhkdurledl territories shall ini the Colony do am *v tict which Inivolves, is in association wit h or is preparatory to an-v such transaction outside the Colony as is referred to in this subsection.
(4) For the prirposes of this section and of tile Second Sei~h( ule to this Ordinanice, persons resident in the (Col~i v (-, o 0111 S tli selio I riled t( rritories shall he etiu to c(t~~I a 1)011 corp orate not
wit fskaIllfitlI t olfwr I~ pe slw I llssocitted will)I thlia I, Ole' v. trol dli rc 'fi th(y c-I11, tciq-ethe[r override thosOSother pviNoiis.
(5) Tti this section the expression "security includes a Seconidary Mcnurit\'.
PART AT.
33. AnyX provision of this Ordinaneeif )St~ ExemptionF.
filly oblirt m ci or prohibit o: shle h ave' c1ect sub-. ject to siicll oxntllltiou4 *as mayV he grantted bY order of the Gov-rinor, and -.DV s0(1l exemption may hie either absolute ()I Co'li iorl~i I
34. Where- Blocked
accounts
(i) under tiny provisioni contained in Part
11[ of this Oridinance, the permission of the Financial Secretary is required for tlim, making of a payment or the placing of any sumn to the credit of anyv person resident oiitside the
schiedutied icrri tories, or
(b) any a' vineit fidl. to he made 'hy an
,mtbtori,,ed dealer on the sale of any tyold or specified currency b~y any fo reiner comiipanY within the meaning of 411)5eetior 1 of the conchluding section of Part; V of this Ordinance, b~eing- a stile made to comply with any requirements notified under thtt
SubSeCtzoDnI




ANTIGUA. 36 Exchange Control. No. of 1957.
the Financial Secretary may direct that the sum payable or to be credited shall be paid or credited to a blocked account only, and, where such a direction is given, the provisions of the Third Schedule to this Ordinance shall have effect in relation to the
payment or crediting of the sum.
Contract, 35. (1) It shall be an implied condition in
legal proceedings, etce. any contract that, where, by virtue of this Ordinmince, the permission or consent of the Financia Secretary is at the time of the contract required for the performance of any term thereof, that term shall not be performed except in so far as the permission or consent is given or is not required:
Provided that this subsection shall not apply
in so far as it is shown to be inconsistent with the intention of the parties that it should apply, whether by reason of their having contemplated the performance of that term in despite of the provisions
of this Ordinance or for any other reason.
(2) Notwithstanding anything in the Bills of
Exchange Ordinance, neither the provisions of this Ordinance, nor any condition, whether express or to be implied having regard to those provisions, that any payment shall not be made without the permission of the Financial Secretary under this Ordinance, shall be deemed to prevent any instrument being a bill of exchange or
promissory note.
(3) The provisions of the Fourth Schedule to
this Ordinance shall have effect with respect to legal proceedings, arbitrations, bankruptcy proceedings, the administration of the estates of deceased persons, the winding up of companies, and proceedings under deeds of arrangement or trust deeds for
behoof of creditors.
Enforcement 36. (1) The provisions of the Fifth Schedand administration, ule to this Ordinance shall have effect for the
purpose of the enforcement of this Ordinance.
(2) Persons belonging to the following
classes, that is to say(a) bankers, authorised dealers, authorised depositaries;




No. of 1957. Exchange Control. 37 ArTiatA.
(b) persons to whom any powers of the
competent authority under the Ordinance are
deligated;
(c) persons who with the permission of
the competent authority are in possession of documents which would, but for the permission, have to be in the custody of an
authorized depositary;
(d) persons concerned with the keeping
of any register in the Colony; and
(e) persons entrusted with the payment
.of capital moneys, dividends or interest in the
Colony,
shall comply with such directions as may be given to them respectively by the Financial Secretary being(i) in the case of any such persons directions as respects the exercise of any functions exercisable by them by virtue of, or by virtue of anything done under, any provision of this
Ordinance; or
(ii) in the case of authorised dealers, such
directions as aforesaid or directions as to the terms on which they are to accept gold or foreign currency or directions requiring them to offer their gold or specified currency for sale to the Bank of England on such terms as may be specified in any
such directions.
87. This Ordinance shall bind the Crown Application and shall apply to transactions byit a Government to crown. department or other person acting on behalf of the Crown, and the competent authority shall not, by virtue of anytv contract made by them or on their behalf in relation to anv securities, be under any obligation to grant any permission under Part III of this Ordinance or any exemption from the provision of tshe said Part III,




A&TTIGUA. 38 EJrh0amft~ Control. No. of lm957
Governor's 38. (Ii The GoNv-rnor maY 1w order make
~ such trin'iimfd provisions, a,, -pipear to him
necessary or!- di~ enit, in vop!n q !I('nee oif O'w exerclse ky him of i:nx' othew piwer ki Miake or;!ers
under this Ordiniance.
(2) The Govt-rior may make suchl rgUlatious to replace the Defence (Finance) .~1 nations specified ini the Sixth Scheduile to this ()rdiriance or an 'y one or inore of tnein ~ art', ill ills, opinion, necessarY for purposes nliIa wto Ole fpi ndciu
Objects of this O( inancc.
Otber powers, 39. (1) ZA nvl hori~II IS~bo i ity, granted under thii, Orn iiwoe(al) nmv be cither ,iiueral or seanad
(b) maY be, revo kfd~ by Owl comp Ietent authorirv'ui Im
(c) may be absoldate or condi th-ml. ,md
("I) fray h e limifIted ""o as to e-lz pi P Oil a specificol daite. unless renewed; a ad
(e) shall be published in such a way as, in the opinion of the competent amothocitY, Ilk pxiv awm, peroii entitled to time lwneli t ()F itan
adequate opportanuvy of getting h, know of it, unless i a his opinion pa biicatioii itd nccelsa ry for that Plirposi'.
(2) Any directions given under ariy provisions
of this Ordinance(a) inay be cht~her general or spi cda; and
(b) many be revoked or variedI 1.y. sib..-equent directions; and
(c) shall be giveni to siich 1)er,,oi s and( inl such manner as the corn petent ant h )r ty thinks appropriate ind if so given shall I'e vali11d for
q.ll purposes,.
(3) Notwithstanding piagah e of the last
precedinix snbsectjiol 'm,I apcisoll shall fotl y vi-Ii ac of any, direction given by the eunipeht a athtorirx under this Ordinance, be convicted of an offence




No. of 1957. Exchange Control. 39 ANT A.
against this Ordinance, unless the direction was served on him or he knew, or avoided getting to know, of the giving thereof:
Provided that where reasonable steps were taken for the purpose of bringing the purport of the direction to his notice, it shall be for hidm to show that he neither knew nor avoided getting to know of the giving thereof.
(4) The competent authority may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers (other than any power to make orders or to give authority to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this (Ordinance shall be construed accordingly.
(5) Any document stating that any permission, consent, authority or direction is given under any of the provisions of this Ordinance by the competent au thority, and iurporting to be signed on his behalf, shall be evidence of the facts stated in the document.
40. Any expenses incurred under or by Financial virtue of this Ordinance by any Government provisions.
department haltl be paid out of moneys provided by the Legislative Council, and any sums received under or by virtue of this Ordinance by any Government department shall be paid into the Financial Secretary.
41.-(1) The Governor may by order or Branches. direction provide that, for such of the purposes of this Ordinance as may be specified in the order or direction(a) any transaction with or by a branch
of any business, whether carried on by a body corporate or otherwise, shall be treated in all respects as if the branch were a body corporate
resident where the branch is situated; and
(b) the making of iany book entry or
other statement recordinrig a debit against a branch of any business in favour of any




ANTIGUA. 40 'xcchaunge Oontrol. 1N'o. of 1.9571.
other branch of that business, shall he treated as a payment to that other branch; and
(r) any property neild by or on behalf of the person carrying, oil the business shall be deemed to be held by such of the branches of tie business as may be determined in accor'dance with the order or direction,
and any such order or direction which makes, for any of the purposes of Part III of this Ordinance, such provision as is mentioned in paragraph (c) of this subsection nmay contain provisions declaring the circumstances in which a branch is to be treated
as nominee for any other branch.
(2) Any reference in isubsection (1) of this
section to a branch of a business shall he deemed to include a reference to the head office of that
business.
(3) Subsections (1) and (2) of this section
shall apply in relation to any body of persons (whether corporate or unincorporated) carrying on any activity, whether for the purpose of profit
or not, as they apply in relation to a business.
Persons leav- 42. Where a person resident in the Colony ing the leaves the scheduled territories the. Fintancial
scheduled 7 nni
territories. Secretary may, before, at or after the time he
leaves the scheduled territories, direct that, for such period as may be specified in the direction, payments by him or on his behalf and to him or to his credit and transactions in or in relation to securities or secondary securities in which he is in any way concerned shall, whether or not he continues to be resident in the Colony, be subject to such restrictions as nmay be specified in the
direction.
Determina. 48.-(1) For the purposes of this Ordinance,
tion of
residence. a personal representative of a deceased person shall,
unless the Financial Secretary otherwise directs, be treated as resident in the territory where the deceased person was resident for the purposes in question at the time of his death and as not resident elsewhere, so far as relates to any matters in which the personal representative is concerned
soley in his capacity as such.




No. of 1957. Exchange Control. 41 ANTIGUA.
(2) The Financial Secretary may give directions declaring that for all or any of the( purposes of this Ordinance a person is to be treated as resident or not resident in such territories as may be specified in the directi)ons.
44. This Ordinance shall come into force cmm iienceon such day as the Governor may by IProclanation net la Appoint, and(a) different days may be appoined for
different purposes and for different provisions
thereof; and
(b) the power of the Governor to imke
transitional provisions consequent on the making of an order under this Ordinance shall extend to the revocation, in consequence of any order made under this subsection, of any of the provisions of the Defence (Finance)
Regulations, 1939.
President.
Passed the Legislative Council this day of 1957.
Clerk of the Council.




ANTrIGU.. 42 E xlhanqe Control No. of 1957.
FIRST SCHEDULE Section3.
The Scheduled Territories
1. The fully self-governing countries of the British Commonwealth except Canada.
2. Any Colony under the dominion of Her Majesty.
3. Any territory adminnistered by the government of any part of Her Majesty's dominions under the trusteeship system of the United Nations.
4. Any British protectorate or British protected state.
5. South West Africa.
6. The Irish Republic.
7. Iraq.
8. Iceland.
9. Burma.
10. The Hashemite Kingdom of the Jordan.
11. The United Kingdom of Libya.
SECOND SCHEDULE. Sections 32 and 34.
Foreign Companies
1. The bodies corporate in question are bodies corporate not incorporated under the law of the Colony in the case of which any of the following conditions is fulfilled-(a) that the body corporate is by any means controlled
(whether directly or indirectly) by persons resident in the Colony;
(b) that more than one-half of the sums which, on a liquidation thereof, would be receivable by holders of share or loan capital would be receivable directly or indirectly by or for the
benefit of persons resident in the Colony;
(c) that more than onie-half of the assets which, on a liquidation thereof, would be available for distribution after the payment of creditors would be receivable directly or indirectly by or for
the benefit of persons resident in the Colony; or
(d) that more than one-half(i) of the interest payable on its loans and loan capital,
if any; or
(ii) of the dividends payable on its preference share
capital, if any; or
(iii) of the dividends payable on its share capital, if any,
not being preference share capital,
is receivable, directly or indirectly, by or for the benefit of persons
resident in the Colony.




No, of 1957. -Exeiape (Controd. 43 ANTIGMA.
2. Where the identity of the persons by1% X\ horn or for 'v.hose benefit any sum.j ass d, it-rt-t or dividends im' directly or in'irctly receivable depends oil thre exrcise hy u perao eel t1ent in the Colony of a power 4f appjoilitnlit nor s iilr p)ow(er, Ole suml, assets' in wrest or dividends shall, for the purposes of this echediule, be deemed to he receivable directly or indirectly by or for the benefit of persons resident in the Colony
THIRD SCHEDULE Section 34
Blocked Accounts
1. In t his Schbed n 1., "he "xlcsP a blocked act. t cai
an accoinL opened as at hllocked accont at an office or branch inl tie Colony ini favour of any person by a bankher a ontb irised boy t he iiariial Secretary to open 1 loch ed accounts, and the o, oxpressioii *the 'anoker means. in relation to any person, a banker who opens a blockedl account in favour of that person.
29 Where a direction is given that; a payment is to be made to a blocked account only, then, subject to the next followAing paragraph(a) the manner in which the pay mout may be made shall be
either
(i) to the hanker', ky ith a direc-tioni that it is to heocredited to a blocked a oO point of that poerson (which direction may. in the case of a payivent by mneans of a cheque or warrant. he made hy marking the c heque or 'van ant with thle wvonis bl-ocked account of ,naming the person in question) or words to the szamie effect) or
0ii0 by o crosw z d cle'ue or wa,-rrant dIravx\ in fftair of that persoii. rnlrhe(! Nith Gie xtolrd p" 1, (,ll to M ocked acconL of payee or Words to C. Kusll", etl'ect; and
(b' ihe snun c'ollected shall h~e credited by the lam her to
a blocked account of that person.
3. Where a direction is givenl that ai snn is to he paid -r credited. to a I4k -lied acecount only, then. mntu ithsiaoding thle ductioiu the sum may. with the conisent of thie j., ro l k whomn it i's to h(- paid or. credjied, andl souhi.ect t, the ri on-i -mts. (0' ill off this Ordinanje. be in vested irn"tt to inl th' puit] elaeor that porsonl of ally Such investments as -may re presclifted for the purporsee4o paragraphs (cf) of the proviso to the nex-,t following I., vagrapli.
4I. Aniy su ni standing to the ere4 iit of a M ocked ac-couint shall llot be (dealt Nvilli except with lie per issimll of the Sinni secretary:
Providett that,, subject to compliance with the req pidrentents of Part Illf of thisf Or mmccw
(a) the vdhole or aulv palt 4l a ii Alnd. &sol may. at the
requests, of the )e ill in WAlose 111II' ih' acwI he
ilivestell through the Lanker In such mxcteisas may be
prescribed; and




ANTIGUA. 44 Exachange Control. No. of 1957.
(b) nothing in this Schedule shall be construed as restricting
the manner in which the investments acquired may be dealt with.
5. Where a person in whose name a blocked account is standing becomes bankrupt in the Colony or d(lies, the banker may, notwithstanding anything in paragraph 4 of this Schedule, transfer the account to the name of the trustee in bankruptcy or personal representative, but, save as aforesaid, no change shall, except with the permission of of the Financial Secretary, he made in the name in which the account stands; and where any such change is made (whether or not the permission of the Financial Secretary is necessary therefor) the account shall remain a blocked account notwithstanding the change, and the provisions of this Schedule shall apply accordingly.
6. Where(a) a sum is due from any person to any other person but
the Financial Secretary directs that it shall be paid or credited to
a blocked account only; and
(b) the person to whom the sum is due nominates such an
account to the person from whom the sum is due,
the last mentioned person is under a duty to the person to whom the sum is due to cause the sum to be paid or credited to that blocked account, and the crediting of any sum to a blocked account in pursuance of a direction of the Financial Secretary shall, to the extent of the sum credited, be a good discharge to the person from whom the sum is due:
Provided that in the case of a sum due under a contract this paragraph shall not apply in so far as it is shown to be inconsistent with the intention of the parties that it should apply.
FOURTH SCHEDULE Section 35
Legal Proceedings, &c.
1. The provisions of Part II of this Ordinance shall apply to sums required to be paid by any judgment or order of any court or by any award as they apply in relation to other sums, and it shall be implied in any judgment or order of any court in the Colony, and in any award given under the law of the Colony, that any sum required to be paid by the judgment, order or 'award (whether as a debt, as damages or otherwise) to which the said provisions apply shall not be paid except with the permission of the Financial Secretary.
2. Nothing in this Ordinance shall be construed as preventing the payment by any person of any sum into any court in the Colony but the provisions of Part II of this Ordinance shall apply to the payment of any sumn out of court, whether under an order of the Court or otherwise, to or for the credit of any person resident outside the scheduled territories.
3. Without prejudice to the provisions of any enactments relating to the making of rules of court, roles o(f court(a) enabling any person who is required by any judgment,
order or award to pay any sum, if he apprehends that the payment of that sum is unlawful under this Ordinance except with the




No. of 1957. Exchange Control. 45 ANTIGUvA.
permission of the Financial Secretary, to pay that sum into
court; and
(b) declaring that payment of a sum into court by virtue of
the preceding sub-paragraph, together with the delivery to the other party conmerixcd of such evidence of the payment as may be prescribed by the rules, shall, to the extent of the payment, be
a good discharge to the person making the payment; and
(c) so regulating the process of execution which may issue
in respect of any sum required to be paid by any judgment, order or award as to secure that, unless it is shown, in such manner as may be prescribed by the rules, that the permission of the Financial Secretary for the payim~nt of the sun is not required under this Ordinance or has been given without conditions, the proceeds of the execution will be paid into court, and, so far as is necessary for that purpose, varying the form of any writ of execution or other similar document or the duties of the sheriff or other officer to whom any such writ or other similar document
is directed,
may be made, as respects the Supreme Court, or any other court, by such authority as may be designated in that behalf by the Chief Justice:
Provided that(i) the form of any bankruptcy notice shall be such as may
be prescribed by the Financial Secretary; and
(ii) nothing in this paragraph shall affect the provisions of
any legislation which requires rules of court for inferior courts to have the concurrence of the rule-making
authority for the Supreme Court.
4.-(1) In any proceedings in a prescribed court and in any arbitration proceedings, a claim for the recovery of any debt shall not be defeated by reason only of the debt not being payable without the permission of the Financial Secretary and of that permission nit having been given or having been revoked.
(2) No court shall be prescribed for the purpose of this paragraph unless the Financial Secretary is satisfied that adequate provision has been made therefor by rules of court for the purposes specified under the last proceeding paragraph.
5.-- (1) In any bankruptcy, in tihe winding up of any company or in the administration of the estate of any deceased person (being a bankruptcy, winding iup or administration carried under the law of the Colony), a claim for a sum not payable without permission of the Financial Secretary shall, notwithstanding that the permission has not been given or has been revoked, be admitted to proof as if it had been given and had not been revoked:
Provided that nothing in this sub-paragraph shall be construed as affecting the application of the provisions of Part II of this Ordinance to payments by any trustee, liquidator, personal representative or other person in any such bankruptcy, winding uip or administration.
(2) The provisions of this Ordinance restricting the making of settlements shall not apply to any deed of arrangement made for the benefit of creditors generally, and the provisions of sub-paregraph
(1) of this paragraph shall apply in relation to proceedings under any deed of arrangement as they apply in relation to proceedings in bankruptcy.




ANTIGUA. 46 Exchange Contirol. No. of 1057.
(,'. A debt for thec payinei .1 f w\ihich tie permission of the Treasury is requi redl tun 1ev tp )rdinaneeof shll. if, in other respects it cOrnlplies withI tie of'tir~l 1115 or 1:.I 'I(t~ (1 of setioll 4- of the
Rilnkrupty Act 11p ) 1I0 allo0Wed tO 1 a1 IYO Wii oiTJimin creditor's
debt, not\VithntIwlini ii hi 0 theib extent that
the debt can be satisfied I ither 5y a ptfmyea r ii o cw it or by a joyMent to a blocked aCount
FIFTH SCHEDULE Section 36.,
Enforcemei
PAwr 1
General provisions (5to ovidoco and inlbrntation
I .-(1) Withont prejudice to any other ofxi isi this Ordinance, the Financial tSecreta" mY givem to any person inl or regidlent in the Colony directions rCknIrIl ia ilo, vi tb in sueh time aI~ il i r eli nianner aa mnay besp~ecified in the directions, to furnish to himi, or to any person, designated iii tho diivc tion, as a person audhorised to require it, any ij f orl11ationr in '!is poaesion or control which the Financial Secretary or tie person so akti orised, as 1110 case ijisy be, may require for the purpos- of u'ecnring conmplia ace with or detecting evasion of this Ordia:oiic5',
(2) A person required by ln 'y such direotions a.s aforesaid to furnish information hJiall also preilnie suIch boo-, ac ont or other docqunients (hereafter in this Part of' thiis Scheduile referred to as "documents'*) in) his posse-ssnn oir control as way be required for the said purpose by the Financial Secretary or b)y the person anthiirised to requ ire the iiiforia~t i n, as I hi case miay be.
(3) Nothing in the preceding pro visions of thsparagraph shall Ibe taken to require any permzn who has acted as counsel or Solicitor for any person to dj'stlosc, any Privileged 'ommnin?!til Inade to himn in that capacity.
(4) Where a person is convictedd l 1iiidictiinit ioi., failing to give information or prodtoe doctnients when retired so to do under this paragraph, thle co urt nav\ ij make an order reiin io-p the otifi ider, withinl such Period ai muay be specified inl thle order, to comply with the requirement to giveo the information or produce thle (Foci n en ts.
2.-(t) If a Justice of the peace is satisfied by information on oath given by a person authorisedl by the Financial Secretary to tict for thle purposes of this panrlipli th'
(a ') that there is seasonlable ground for suspecting that an
offence -against this Ordi namce has been or is being coniittetl and that evidence of the cobnmusslen of the offence is to be found at any premises soeci lied in the information, or in any vehicle,
vessel or aircraft so specified, or
(lb) that any~ d ocumien tts wich ought to have been produced
under the preceding paiargrainl and have not been Produced are to be found ait any sutch prinisps or in any such vehicle, vessel
or aircraft,
hie may grant a search warrant authorising any police officer, together with auy other persons iimdin the warrant 1114l anly other Police officers, to enter tie lireIinisc so's ilicil in the- information or, as the ease mnay he, anuy preiniseR upon which tle- vehicle, vessel or aircraft so specifiedi may be, at alny tine within we month from the date of the warrant, and to search thle premises, or. as thle case may be, thle vehicle, vessel or aircraft.




No. of 1957. Exchange Control. 47 ANTIGUA.
(2) A person authorised by any such warrant as aforesaid to search any premises or any vehicle, vessel or aircraft, may search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter, those premises or that vehicle, essel or aircraft, as the case miay be, and seize any article fontuld in the premises or in the vehicle, vessel or aircraft, which he has reasonable ground Tor believing to he evidence of the commission of any offence against this Ordinance or any documents which hlie has reasonable ground for believing ought to have been produced under the preceding paragraph:
Provided that no female shall, in pursuance of any warrant issued under this paragraph, he searched except by a female.
(3) Where, by virtue of this paragraph, a person has any power to enter any premises, he may use such force as is reasonably necessary for the purpose of exercising that power.
3.--(1) Any article coming into possession of an executive authority (whether in consequence of the seizure of the article under or by virtue of this Ordinance or otherwise) which the authority has reasonable ground for believing to be evidence of the commission of an offence against this Ordinance may be retained for a period of three months or, if within that period there areconmmenced proceedings in respect of such an offence in which the article is, or can properly be, adduced in evido e. until the final determination of those proceedings.
(2) For the purposes of this paragraph, any person to whom any powers of the com pletent authority under this Ordinance are delegated or on whom any functions are conferred by or by virtue of this Ordinance, including any police officer, shall be deemed to be an executive authority':
(3) For the purposes of this paragraph, any proceedings shall be deemed not to have been finally determined so long as there is pending any appeal in the matter of the proceedings, and an appeal in that matter shall be deneed to be pending during the ordinary time within which such an appeal may be lodged, and, if such an appeal is duly lodged, the appeal shall be deemed to be pending until it is decided or withdrawn.
(4) The powers conferred by this paragraph in relation to any article shall he in addition to, and not in derogation of, any powers otherwise exercisable in relation thereto.
4. No person in or resident in the Colony shall(a) with intent to evade the provisions of this Ordinance,
destroy, minutilate, deface, secrete or remove any documents;
(b) in furnishing any information for any of the purposes of
this Ordinance make any statement which he knows to be false in a material particular, or recklessly make any statement which
is false in a material particular;
(c) obstruct any person in the exercise of any powers
conferred on him by virtue of this Part of this Schedule.
PART II
General provisions as to fences
1.--(1) Any person in or resident in the Colony who contravenes any restriction or rquirement imposed by or under this Ordinance, and any such person who conspires or attempts, or aids, abets, counsels or procures any other person, to contravene any such




ANTIGUA. 48 Exchange Control. No. of 1957.
restriction or requirement as aforesaid, shall be guilty of an offence punishable under this Part of this Schedule:
Provided that an offence pun ishable by vi rtne of Part III of this Schedule shall it, be puishablo under thi Prt of thi Schedule:
(2) Where an llfonce pun ishabl-e auiter tis Par't ofi this Schedule has been committed by a body corporate, arny person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the contravention was committed without his consent or connivance and that he exercised all such diligence to prevent the comlmigssion of the offence as hlie ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
(3) Any person who commits an offence punishable under this Part of this Schedule shall be liable(a) on summary conviction, to imprisonment for not more
than three months or to a fine or to both;
(b) on conviction on indictment, to imprisonment for not more
than two years or to a fine or to both;
and where the offence is concerned with any currency, any security, any gold, any goods or any other property, the court may, if they think fit so to do, order the currency, security, gold; goods or property to be forfeited.
(4) Except in the case of a body corporate convicted on indictment, the maximum fnue which may be imposed for an offence punishable under this Part of this Schedule shall be(a) on summary conviction two thousand four hundred
dollars;
(b) on conviction on indictment four thousand eight hundred
dollars;
so, however, that (in either case) where the offence is concerned with any currency, any security, nny payment, any gold, any goods or any other property, and does not consist only of a failure to give information or produce books, accounts or other documents with respect thereto when required so to do under Part I of this Schedule, a hirgr fine may be imposed not exceeding three times the amount or value of the currency, security, payment, gold, goods or property.
2.-(l) No proceedings for an offence punishable under this Part of this Schedule' shall be instituted(, except by or with the consent of the Attorney-General or appropriate officer:
Provided that this sub-paragraph shall not prevent the issue or execution of a warrant for the arrest of any person in respe( t of such an offence, or the remanding pu custody or on bail of any person charged with such an offence.
(2) Proceedings against any person in respect of an offence punishable under this Part of this Scheduile may, he taken b-fore the appropriate court in the Colony having juris action in the place where that person is for the time being.
(3) Any proceeding under a law establishing summary jurisdiction which may be taken against any person in respect of any offence punishable under this Part of this Schedule may, notwithstanding anything to the contrary in that law, be taken at any time within twelve months from the date of the commission of the offence or within three months from the date on which evidence sufficient in the opinion of




No. of 1957. Exchange Control. 49 ANTIGtA.
the FinAncial Secretary to justify the proceedings comes to the knowledge of the Financial Secretary, which ever period last expires, or where the person in question was outside the Colony at the date last mentioned, within twelve months from the date on which he first arrives in the Colony thereafter,
(4) For the purposes of this paragrapha certificate of the Financial Seretary as to the date on which such evidence as aforesaid came to the knowledge of the Financial Secretary shall be conclusive evidence thereof.
3. The maximum period of imprisonment that may be imposed by a court of summary jurisdiction in the Colony(a) in respect of the non-payment of a sum adjudged to be
paid by a conviction for offence punishable under this Part of this
Schedule; or
(b) in respect of the default of a sufficient distress to satisfy
any such sum,
shall, in cases where the sum exceeds ninety-six dollars, be increased in accordance with the following scale, that is to say,Where the amount of the sum adjudged to bepaid by 'The said period the conviction, as. asirtlirned by the counticion,- shall not exceed,Exceeds ninety-six dollars but does not exceed ... Four months.
four hundred and eighty dollars
Exceeds four hundred and eighty dollars ... Six months.
4. Where a corporation is charged, whether alone or jointly with some other person, with an indictable offence punishable under this Part of this Schedule. tlha magistrate may, if he is of opinion that the evidence offered on the part of the prosecution is sufficient to put the accused corporation upon trial, commit the corporation for trial.
5. Where an indictment has been filed against a corporation in respect of an offence punishable as aforesaid, the corporation may, on arraignment before the Saprenme Court enter in writing by its representative a plea of guilty or not guilty, and if either the corporation does not appear by a representative or, though it does so appear, fails to enter as aforesaid any plea, the court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty.
6. Any indictment filed against a corporation or other document addressed to a corporation may be served upon the corporation by leaving it at, or sending it by post to, the registered office of the corporation or, if there be no such office in the Colony, by leaving it at or sending it by post to, the corporation at any place in the Colony at which it trades or conducts businlese.
7. In this paragraph the expression representatives in relation to a corporation inmeans a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this Part of this Schedule authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose.
A representative for the purposes of this Part of this Schedule need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation or by any person (by whatever name called) having, or being one of




ANTIGUA. 50 Exchange Control. No. of 1957.
the persons having, the management of the affairs of the corporation, to the effect that the person named in tlhe ttement has been appointed as the representative of the eriorition for the, purposes of this Part of this Schedule shall be adinissilde without further proof as prima facie evidence that that person has been so appointed.
PART III
Import and Export
1. (1) The enactments relating to customs shall, subject to such modifications, if any, as may be prescribed to adapt them to this Ordinance apply in relation to anything prohibited to be imported or exported by any of the provisions of Part IV of this Ordin:anco except with tfie permission of the Financial Secretary as they apply in relation to goods prohibited to be imported or exported by or under any of the said enactments, and any reference in the said enactments to goods shall be construed as including a reference to anything prohibited to be imported or exported by any of the provisions of the said Part IV except with the permission of the Financial Secretary.
(2) References in this paragraph to the enactments relating t customs shall be taken as including references to the Customs Duties Ordinance 1927 (No. 11 of 1927) as amended.
2. Any declaration required to be given under Part IV of this Ordinance shall, for the purposes of the Customs Duties Ordinance, 1927 (No. 11 of 1927) as amended be d(teemed to be a declaration in a matter relating to customs.
3. If anything prohibited to be exported by any provision of the said Part IV is exported in contravention thereof, or is brought to a quay or other place, or water borne, for the purpose of being so exported, the exporter or his agent shall bie liable to the same penaltlv as that to which a person is liable for an offence to which the Customs Duties Ordinance, 1927 (No. 11 of 1927) as amended applies.
4. Without prejudice to any of the preceding provisions of this Part of this Schedule, any person who, on any occasion, is about to leave the Colony or arrives in the Colony (which person is hereafter in this paragraph referred to as the traveller ") shall, if on that eccassion he is required so to do by an officer of Customs or an immigration officer(a) declare whether or noll hlie has with him anything prohibited to be importeNd or exported by any of the provisions of the said Part IV except with the permission of the Financial Secretary; and
(b) produc' any such thing as aforesaid which he has with him, and the officer may examine or search the article which the traveller has with him for the purpose of ascertaining whether hlie is conveying or has in his possession any such thing, and, if the officer has reasonable grounds for suspecting that the traveller has about his person any such thing; search him, and may seize anything produced as aforesaid or found upon such examination or search as aforesaid as to which the officer has reasonable ground for suspecting that it is prohibited to be imported or exported by any of the provisions of the said Part IV except with the permission of the Financial Secretary: Provided that no female shall be searched in pursuance of this paragraph except by a female.
5. Sub-paragraph (2) of paragraph 1 of Part II of this Schedule shall apply also to offences punishable by virtue of this Part of this Schedule.




No. of 1957. RExchange Control. 51 ANTIGuA.
SIXTH SCHEDULE. SECTION 38.
RETENTION OF DEFENCE ( FINANCE) REGULATIONS.
5. \Vhere the Govverinor is satisfied that owing 'ower of to the changes in the external or internal position of cove '' to prohibit
any State, action is being or is likely to be, taken action on car. to the detriment of the economic position of the taingorders as to gold, etc.
Colony the (overnor ma y give general or special directions prohibiting, either absolutelvy or to such extent as may be specified in the directions, the carrying out, except with permission granted by or on behalf of the Governor, of any order given by or on behalf of(a) the State or the Sovereign thereof or
any person resident therein, or
(b) any body corporate which is incorporated under the laws of that State or is iuder the control of that State or the Sovereign
thereof or any person rcsident therein, in so far as the order(i) requires the person to whom the order
is given to make any payment or to part with any gold or securities; or
(ii) requires any change to be made in the
persons to whose credit any sumn is to stand or to whose order any gold or
securities are to be held.
22. (1) The governorr may give to ay person Power to obdirections requiring him, within such time and in tain informal.
" hon.
such manner as may ie specified inll the d Iections to furnish to him or to any person designated in the directions as a person authorized to require it, any informnat ion in his possession or control which the (Fovernlor or the person so authorised, as the case may be. may require for the purpose of securing compliance with or detecting evasin of these Regulations.
(2) A person required by any such directions as aforesaid to furnish information shall produce such books, accounts tr other documents (hereinafter referred to as "documents ") in his possession or control as may be required by the Governor or by the person authorised to require the information, as the case mnwy be, and fcr the purp os~e of inspecting any such doetinien ts any person so authorised as aforesaid, or a ny person uthborised to act on behalf of the Governor under this paragraph, may enter any




ANTIGUA. 52 Exchange C~ontrol. N o. of 1957.
premises aind may take possession of any of the docunwiit., or tike in relation thereto any other steps whtc1 aIppewr to him ri;eteesarv for preserving
them and preven tlih inter Veree, therewith,
(3) No person~ shall, witli inteiir to evade the'
provisions of thisse Regulati ons, destroy, mutilate,
dleface, sOlcreto or' tCIIov( an v docinents.
(4) Any information given b,,, a person in
Compliane "v it h tis rgiven c i
in evidence ag-ainst him not w ithstandiiig that it
nmay tend to incriminate himn.
(5) TUhe pro vislins of this repuhnaiol &hall
be w'ithont prejudice to ainy other Prox i ,iOnI Of these Regulations reli g ui th em'w2 iniorniation, provisions of the L~st fo-emoiNO., panagraph shall b~e without pre] udjee 1 tl~ Iiy uStIOn aS to thle
adisibility as evidence of i tifori am i n stained
under statutory 1" wets fi the ab~emice Ot 8,11IV suCh
express provisioin(6) The i;overnor nua V to such e-Xttent and
subject to Such rew rnetlof( as ihe thinks protier, delegate h is po-r -, e ilor lii reg"ulationl to uamy person or elaEt or ofem v or sri app rove. by hima .
Application of 23. (1-) TFie pi ovisions o)f Part V111 of the certain provi- Dfne ~oeT~1 ~ o
Sions of tile DeeleReuains 99 hal;plyfo h
Llefwo purpose Of the ellforcetnan t (4 these, Re tttis,~d Itl9.fl othjerwi~e i relation tijeret I if 1nte! adPr
VI11 to those Rtegulationis an x reference to those Regulations imtuded a reference to thecse
Regulations.
tnterpreta- 25. (1) '11i these IPregrulations unletis the
ho.context, otherwiste requires, t he following', ex tmvessiors have tile neanings Iiereli iymespectively
assgne to them, that is to say:
bank notes means hank notes or notes whichf are legal tender in the Colony or in the United King-dow or in any part thereof and bank uotes legally issued in the Colony and includes anv bank notes which have ceased or ceas;e to be legal tender in the United Kin gd ont;
foreign currency "means any currency other than sterling;
gold means gold coin or gold bullion;




of 1957. Exchange ContrI. 53 ANrIGVA*
"]egal tender" means a tender of payment
of money in the case of Trinidad currency notes and silver coins for the payment of any amount, in the case of bronze coins for a payment of an
amount not exceeding one shilling;
"silver and bronze coins" means coins issued
by the Mint in accordance with the Coinage Act, 1870 (33 & 34Vict. c. 10);
"owner" in relation to any security, includes
any person who has power to sell or transfer a security, or who has the custody thereof, or who receives, whether on his own behalf or on behalf of any other person, dividends or interest thereon, or who has any other interest therein and also includes, in a case where securities are held on any trust, or dividends or inte rest thereon are paid into a trust fund, any trustee or any person entitled to enforce the performance of the trust, or to revoke or vary, with or without the consent of any other person, the trust or any of the terms thereof, or to control the
investment of the trust moneys;
"security except in so far as is otherwise
expressly provided, includes(a) shares, stocks, bonds, notes,
debentures, and debenture stock;
(b) a deposit receipt in respect of the
deposit of securities;
(c) a unit or sub-unit of a unit trust; (d) a life assurance policy or other
contract entered into with an assurance company for securing the payment in the future of any capital sum or sums or of an
annuity;
(e) a warrant conferring an option to
acquire a security;
(!) a share in an oil royalty;
but does not include 3 bill of exchange or a
promissory note;




ANTIGUA. 54 Enchznye Control. No. of 1957.
" sterling area" means the United Kingdom the Isle of Man, and such other territories as may bt declared by order of the Governor to be included in the sterling area.
(2) Any consent or permission granted by
or on behalf of the Governor under any of these Regulations may he granted either absolutely or
subject to conditions.
OBJECTS AND REASONS.
The Defence (Finance) Rlegulations, 1939, were brought into operation in the C lony by virtue of the Emergency Powers (Defence) Act, 1939, and continued in force after the expiry of that Act on 24th February, 1946 by the Supplies and Services (Transitional powers) (Colonies etc.) Order in Council, 1916.
2 The duration of the Supplies and Services (Transitional Powers) Act, 1945 was five years after the passing, thereof and the same was due to expire on the 10th day of December, 1950. By section 8 (of he Act, liowever, provision was made for the extension of its duration if an address \\as presented while the Act is in force to His Majesty by each House of Parliament praying that the Act should be continued in force for a further period of one year. Such an address has been presented annually and by Order ini Council the duration of the said Act to us each year been extended for a father period of one year.
3. The Defence (Fnmce) Regudations, 1939 will therefore expire on the 10th 1 Iecember, 1.957 unless extended. As it is necessary that legislation sh,,ld now be enacted on similar lines to the Exchange Control Act, 1.947 of the United Kingdom to replace these Defence (Finance) IRegulations, a model Exchange Control Bill has accordingly Ieen prepared by the Secretary of Stae for adoption in the Clonies, and the Bill intituled the Exchange Contrl Act, 1 957, is a, adaptation of that model.
4. It may be pointed out that careful consideration has been given to the question whether the Bill a, now presented may not provide too elaborate a piece of leislation to meet the minimum requiirements of t.he Co ..bu it IS considered that less comprehensive legislation would be insufficient anid that the Bill in its present form, being comparable to its imperial prototype, will make it easier for officers and others concerned




No. of 1957. Exchange Control. 55 ANTIGUB.
with its interpretation and administration, to cope with tilhe very difficult problems that may from timeto time arise on this very technical subject. Moreover, general uniformity of powers as contained in the Bill anid in the Imperi:l Act will also stop any gaps in local control which might be exploited by persons in the United Kingdom or in any other parts of the Scheduled Territories (as appearing in the First Schedule to the Bill) for the purpose of circumventing the regulations in their own country
5. The main features of the Bill may be summarized thus:(a) Part I restricts dealing in gold and foreign
currency except with authorised dealers and requires gold
and most foreign currencies to be sold to them.
(b) Part II prevents payments to persons outside the
sterling area, except with the permission of the Treasurer.
(c) Part III maintains the existing control over the
issue and transfer of securities where non-residents are concerned and provides for the control over foreign and bearer
securities.
(d) Part IV continues present controlover import
and export of currencyv notes, securities, etc. and provides the necessary powers to ensure that exports are properly
paid for.
(e) Part \ contains miscellaneous provisions concerning the prompt collection of debts, control of foreign
subsidiaries and ancillary matters; and
(r) Part VI contains, in addition to formal provisions, power for the Governor to issue exemption orders.
W" E. JACOBS
Attorney General.
Attorney Gener'al's Chamber,
St. Johns,
Antigua.
25th July, 1957.
Printed at the Government Printing Otice. Antigua, Leeward Islands,
by E. M. BLACKAAN 0ovorHnent Printer.-By Authority.
1957.
- -10.57 (Price cent.]







No. of 1957. Antigua (7nwittca'fu ANTIGUA.
Elct/ions (Antendmeu t).
ANTIGUA.
No. of 1957.
BILL FOR
An Ordlinance, to amend further the Antigua Cons titution and Elections Ordinance. 1951.
CommenceIi I irent.
EN A CT El by the Legislaiure ()f the Colony of
Aliitia.
1.This Ordinance may be cited as the Shor)t title. Antigia Constitution and ElectiNs(mendment) OTriance, 197, and Fha1I be read as oMe with the
An-ftiua Constitution and Election,4 Ordinance, ioig.7i 195], as amended, hereinafter called the Principal 5/195 Ordinance. 13J1954
16/1955
6/1956
17/1956
SR. & 0.
1956 No. 22




ANTTGUA. 2 Antigua Costittution ead No. of 1957.
Elections (Amendment)
Amendment 2. The Principal Ordinance shall have effect,
to section 2
of the Princi. and shall be deem(ed always to lhve had effect, as if pal Ordinance. immediately after subsection (3) of section 2 the
following suhsectioi were added:" (3A) For the purposes of this Ordiminance a person shall not be considered to be a public officer or otherwise to Ihold office of emolumeut under the Crown by reason of the fact that he is in receipt of a sahlarv or. other emoluments in respect of his tenure of the office of Minister. Acting Minister, Deputy President, Member of the Council or Member of
the Executive Council."
President.
Passed the Legislative Colncil this
day of 1957.
COlerk of the Council.
OBJECTS AND REASONS.
The object of this Bill is to amend the Antigua Constitution and Elections Ordinance, 1951, by inserting a new subsection to the effect that a person holding the office of Minister, Acting Minister, Deputy President., Memb r of the Legislattive Council or Member of the Executive Council shall be considered not to be a public officer.
2. The Principal Ordinance is deemed always to have had effect as if the new subsection formed part thereof.
Acting Attorney General.
Print e at the Govemrn~nmt Pinting Office, Antigu., Leeward Iulnds.
by E. M. BLACKMAN, M.B.E,, Government Printez.-By Authority.
1957.
A 47176- -10.57. Price 4 cents.




No. of 1957. Prison (Amendment) MONT8ERRAT.
MONTSERRAT.
No. of 1957.
BILL FOR
An Ordinance to amend the Prison Ordinance,
1955.
[ ] Commence.
ment.
ENACTED by the Legislature of the Colony of Montserrat.
1. This Ordinance may be cited as the Prison Short title. (Amendment) Ordinance, 1957, and shall be read 1o/15.. ats one with the Prison Ordinance, 1955 as amended, hereinafter called the Principal Ordinance.
2. For subsection (1) of section 7 of the Substitution Principal Ordinance the following subsection is orf subsection
(1) of section
hereby substituted:- 7 of the
Principal
Ordinance,
"(1) The Governor shall appoint an
officer in charge of prison discipline who shall supervise and manage the discipline of the
prison in the Colony."
President.
Passed the Legislative Council this day of 1957.
Clerk of the Council.




MONT- 2 Prison (Amendment) No. of 1957.
SERRAT,
OBJECTS AND REASONS,
So long as the Keeper of the Prison remains an officer of a relatively low grade as at present, it is considered essential that some superior officer from another department be appointed to supervise the management and discipline of the prison. The law in force in the Leward Islands before defederation (L.I.R.A. Cap. 111) expressly provided for the appointment of an Officer in charge of Prison Discipline in addition to the Keeper but the present law (Montserrat Ordinance No. 11 of 1955) does not, and section 7 of the latter Ordinance seems to contemplate that one officer should be in complete control of the prison. The object of this Bill is to amend this section so as to permit the appointment o(f an Officer in charge of Prison Discipline so long as the necessity continues.
F. O. C. HARRIS
Crown Attorney.
3rd September, 1957.
Printed at the Government Printing Office, Antigua, Leeward Islands.
by E. M. BLACKMA Government Printer.-By Authority.
1957.
47100323- -10.57 [Price 4 cnts.1




No, of 1957. Pension Act (Amendment)- MONTSERRAT.
MONTSERRAT.
No. of 1957.
BILL FOR
An Ordinance to amend further the Pensions Act, 1947.
[ I Commence.
nent.
ENACTED by the Legislature of the Colony of Montserrat.
Short Title.
1. This Ordinance may be cited as the Pen- 12/1947, sions Act (Amendment) Ordinance, 1957, and shall L2/1948, 7/1953.
be read as one with the Pensions Act, 1947, as 4/1955 amended, hereinafter called the Principal Act. 611956, S. R. &O.
1956 No. 15.
2. The Principal Act is hereby amended by Amendment substituting for the words the service of the of Principal Colony" and service in the Colony" wherever Act. they occur, the words service under the Government of the Colony ".
3. Section 3 of the Principal Act, is hereby Amendment amended by substituting for the words General of section 3 of Legislature" wherever they occur, the words the Principal "Legislative Council". Act.
4. Section 17 of the Principal Act is hereby of ecti amended by substituting for the words the of the Princiservice of the Government of the Colony" the words pml Act. "service under the Government of the Colony ".
President,




MONTSRRAT. 2 Pension Act (Amendment) No. of 195 .
Passed the Legislative Council this day
of 1957.
Clerk of the Council.
OBJECTS AND REASONS.
Under section 2 of the Principal Act "other public service" has, from time to time, been determined to be service in the Colony which is not service "under the Government" in the Colony.
2. The words the service of the Colony" and "service in the Colony" occur in several sections of the Principal Act and it is deemed desirable that those words should be amended in the manner sought by this Bill so as to achieve consistency of language and thereby to avoid any difficulties which may arise in the computation of pensions.
3. The opportunity has been taken to seek to make a minor amendment to section 3 of the Principal Act.
F. 0. C. HARRIS
Crown Attorney.
22nd August, 1957.
Printed at the Government Printing Office, Antigua, Leeward Islands,
by 1. M. BLACOITA, Government Printer.-By Atthority.
1957.
47/00524- -310 -10.57. [Price 4 cents.]