VIRGIN ISLANDS AZETTE.
published by cduthorify.
VOL. II. FRIDAY, 15ril NOVEMBER, 1957. No. 49.
Noiices. The Administrator of Montserrat No. 132.
has made the following appointment Appointments, transfers, etc., in
It is annotunced from Clarence under section 3 of the Marriage Ordi- the public service, with effect from
House that Her Royal Highness Princess nance, 1921, (Montserrat No. 6 of the dates stated, are published for
Margaret has accepted an invitation 1921):- general information:from the Govrnment of British
Guiana to pay a short visit to that The Reverend J. R. MADDRAN to Antigua.
territory after Her Royal Highness to be a Marriage Officer with effect
has inaugurated the Federali Legisla- from the 4th November. 1957. Athill, S. L., I.S.0., M.B.E., appointed
ture of The- West Indies in Trinidad to act as Additional Magistrate,
in April 1958. Districts A & B ". Nov. 2
It is hereby notified for general
OhiefSecretary's O/ce, information that the Colonial Air Browne, 0. M., Additional Magistrate
Antigua. Navigation Order, 1955, of the Uuited appointed to act as Magistrate,
7th November, 1957. Kingdom has been amended by the Districts A ", B & "C."
Ref. No. 69/00011 Colonial Air Navigation (Amend- Nov. 2
ment) (No. 2) Order, 1957, made by
It is notified for general informa- Her Majesty in Council on the 8th Davis, G. R., appointed Junior Clerk,
tion that His Excellency the Gover- day of October, 1957, and laid before Peasant Development Services, nor visited St. Kitts on the 8th Parliament on the 14th day of Octo- Agricultural Dept. Aug. 1
November, 1957, to meet and hold hber, 1957. This amendment will
discussions with5 the newly elected comeinto force on 1st February, 1958. Davis, Miss S., Junior Clerk, Peasant Development Services, confirmed
Council. 2. This Order amends the Colonial in appointment. June 14
Chief Secretary's Uffice, Air Navigation Order, 1955, by includ- DeFreitas, H., Acting Head Teacher
- Anrigua. ing in that Order new provisions for Grade II, confirmed in appoint8th November, 1957. preventing excessive fatigue on the ment. Sept. 1
Ref. No. 80/00050 part of the operating crew (i.e., pilots,
flight engineers; flight navigators and
flight radio operators) of aircraft Dorsette, J., Uncertificated Teachcr, It is notified for general informa- ristered in the Colon The Education Department, resigned
tion that His Excellency the Governor registered in the Colony. These pro- a that is acm n aoing visions are set out in considerable appointment. Oct. 31
has issued a Commission appointing detail in Articles 34A to 34H, while Glanville, 0., Pump Operator, appointMr. C. S. HUSBANDS to act as Magis- Article 341 enables the Governor to trate in and for the Colony of Mont- ed P.O. Class II, Public Works
serrat, with effect from the 5th modify or replace any or all of them Department. June 23
November, 1957. should they appear inappropriate for
application in respect of aircraft
Mr. HUSBANDS has also been p registered in the Colony. It also Harris, B., appointed Assistant Operapointed to act as Registrar from the amends the Rules of the Air and Air or, Telophone Department. Jan 1 above date. Traffic Control. The Order thus per- Isaac. M., appointed Attendant, Menmits a glider when hill-soaring, to fly tal Hospital. Sept. 1
Chief Secretary's Office, closer than 500 feet to any person,
Antigua, vessel, vehicle or structure, and it also Joseph, Mrs. L., appointed temporary
7th November, 1957. substitututes for the existing Rule of Ward Maid II, Holberton Hospital.
13100304 the kir dealing with flight within the July 1
traffic zones of aerodromes a new Rule
It is notified for general informa- which substantially re-enacts the Lake, A. F., Junior Clerk, Peasant tion that His Excellency the Governor present requirements but includes Development Services, confirmed has issued Instruments appointing new provisions prohibiting flight in appointment. Aug. 20
Mr. CLIFFORD STRAUGN HUSBANDS, within such zones except for specified Acting Crown Attorney and Magis- purposes such as landing or take off, Lewis, Miss E., appointed Washer,
trate, Montserrat, to be- unless permission of the appropriate Fiennes Institute. Aug. 1
authority has been obtained.
(i) temporarily an Official Mem- authority has been obtained. Longford, Mrs. E. R., Acting Senior
her of the Legislative Council, 3. A copy of this Order may be Clerk, Chief Secretary's Office,
Monterrat; seen if desired at the Offices of the Leeward Islands, confirmed i n
Chief Secretary or of any of the appointment. Jul. 24
(ii) a temporary Official Member of Administrators of the Leeward (Issued in substitution for Notice
the Executive Council, Mont- Islands. TheOrder willin duecourse (suedNo. 126 appearing in aefor Notice
serrat form part of the bound volume of No. 47 of 31st October, 1957)in gazette
LawsNo of the Leewar OItober, for757
with effect from 6th November, 1957. Laws of the Leeward Islands for 1957. P.F. 90
The Secretariat, Secretariat, Maguire, W. L., Postmaster, Antigua.
Antigua. Antigua. seconded to the post of Warden,
6th November, 1957. 31st October, 1957. Nevis. Nov. 10
j Y C ~9
254 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE [November 15, 1957
Nicholas, J., appointed Cook, Fiennes No. 134. MARINERS' LANE
Institute. Jan. 1 Estate of J. P. Samuel.
The following Bill which is to be
Roberts, E., P.O. Cl. III, appointed introduced into the Legislative Coun- WAPPING LANE
P.0, Cl. II, Public Works Depart- cil of Montserrat is circulated with Florence Sebastian, Samuel Lavis.
ment. Nov. 1 this Gazette and forms part nereoi.- count, Caroline Isaac, Benjamin
Thomas, Miss V., appointed Uncertifi- "The Officer in charge of Prison
cated Teacher, Education Depart- discipline (Validation of Acts) Ordi- BISHOPGATE ALLEY
ment. July 16 nance, 1957." Josephine Richards, Thomas
Walling, S. L., Assistant Postmaster Augustine.
(Principal) appointed to act as No. 135. POPESHIAD STREET
P< t(master. Nov. 10 The following Ordinance & Statu- Adolphus Reynol, Is, George Samuel.
The following Ordinance & Statu-n
Virgin Islands. tory Rule and Order are circulated S'. JO! INS LAN il
with this Gazette and form part Estate of Sarah James.
Abbott, Miss E., Junior Clerk, Admin- thereof:istration, appointed Clerk, Admin- HOOD STREET
isiration. Jan, 1 ORDINANCE. Brunella Benjamin, Joshua Thomas,
James H. King,
Brathwaite, S. E., Junior Clerk, Treas- Mlontserrat. James Kin
ury, appointed Clerk, Treasury. FORT ROAD
Jan. 1 No. 15 of 1957, The Criminal Arthur Roberts, Neville Weston,
Brewley, E., temporary Junior Clerk, Procedure Act (Amendment) Ordi- Gwendolyn George, Basil Saunders,
Treasury, appointed Junior Clerk, nance, 1957." 8 pp. Price lOcts. Cecil Kendall, Charles Brown, Rhoda
on probation, Post Office. Feb. 14 STATUTORY RULE & ORDER. Samuel, Vernon Samuel, Clarabel
Leonard, Miss D. L., Junior Clerk,
Administration, appointed Clerk, Montserrat. CHURCH LANE
Administration. Jan. 1 No. 26 of 1957, Resolution of the Heirs of Edward King.
Norman, Mrs. B., (nee Christopher), Legislative Council of the Colony of OT'OS LANE
Nurse, M edioal and Health Depart- Montserrat dated October 25, 1957, Lawrence Jacobs and Monica
ment, resigned appointment, made under section 15 of the Cus- Joseph, Elvina Edmund.
Feb. 2 toms Duties Ordinance, 1928 (No. 7
Nibbs, S. W., Vocational Instructor of 1928). 1 pp. IPrice 3 cta. NELSON STREET
(Class IV) Secondary School, ap- Rachael James.
pointed Vocational Instructor (Class Provost Marshal's Office, CECIL O. BYRON,
III) Secondary School. Jan. 1 Antigua, Provost Marshal.
11th November, 1957.
Norman, Miss G., Nurse, Cottage Hos- th November, 1957.
pital, appointed Staff Nurse, Cottage NOTICE IS HEREBY GIVEN PROVOST MARSHAL'S OFFICE,
Hospital. Jan. 1 that there will be sold on the various ANTIGUA, 4th November, 1957.
Penn Miss H. L., Senior Clerk, Tres- premises in the City of Saint John
ury, appointed Principal, Treasury. hereafter named on Thursday, 12th Notice is hereby given that there
Jury, appointed Principal, Treasury. December, 1957 at 12 o'clock noon, will be sold on the various premises Penn, Miss L. B., Vocational Instructor the lands and tenements belonging to in the City of Saint John hereafter
(Class III) Seoondaay School, ap- the persons whose names are set out named on Thursl:ay 5th December,
inted Vocational Instructor (ass hereunder, the said premises having 1957 at 12 o'clock noon, the lands o) Secondary School. Jan. been levied upon to satisfy the City and tenements belonging to the perRate due thereon for the year 1957. sons whose names are set out here, Reovan, Mrs. ., (n Vantrpoo, under, the said promises having been
Junior Clerk, Treasury, resigned DICKENSONBAY STREET levied upon to satisfy the City Rate
appointment. Feb. 14 John Lucas, Matilda Josep h, due thereon for the year 1957.
appointment. Feb. Eulinis Christian, Augustus B. Davis
Shirley, A. 0., Junior Clerk, Post (2), Kenneth Murdoch (2). Hamiltons Land No. 2
Ofhcc, appointed Senior Clerk,
Treasury. Jan. 1 ST. GEORGE'S STREET David Anthony, Alphonso HamilAlexander Tonge, Estate of Charles ton (7)
Titley, Miss T., temporary Junior Davis, Edna V. Girau d, Foster Hamiltons Land No. 3
Clerk, Agriculturol Department, Matthew.amon an o.
appointed Junior Clerl;, Agrioill- ST. JOHN'S STREET Alphonso Hamilton (3) Estate of
tural Department, on probation. ST. JOHN'S STREETCharles Este.
Jan. 1 Estate of Henrietta Blrown, Ain
Martin, Oharles Isaac, Ellen John, Bennett Street
Charlotte Mathurin. Estate of Charles Este, Ursula MatNo. 133. BISHOPGATE STREET thew, Iris Mussington.
His Excellency the Governor has George H. Joseph (2), Selina Athill Street
this day been pleased to assent to the Billinghurst, menrietta John, William Sarah Mason. undermentioned Ordinance:- H. John, Heirs of Albert Barnard.
Mont t NORTH STREET Iris Mussington.
Montsrrat. Heirs of Daniel Peters, Henry
No. 15 of 1957, The Criminal Edwards. Bell Street
Procedure Act (Amendment) Ordi- NEWGATE STREE James Lynch, Ivan Harris, Ray
nance, 1957." Nov. 4 Samuel A. Joseph, K. A. Tully and ond aa.
The Secretariat, H. P. Ritchie. Alfred Peters Street
Antigua. Christopher Francis (3), John
5th Novembe.r, 1957. WAPPING STRENT Brown, Phyllis DeSilvia, Irene
Ref. No. 47100534 Henry Edwards. Roberts.
November 15, 1957] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. 255
Dickensonbay Street Ottos Lane TENDER
Ebenezer Crump, Elvina Edmund
Ernest James, Nehemiah Knight, (2).
Edward Simon, Neville Bridges, Rosa- Rodney Street
line Morgan, Ickford Winter (2). Agatha John. Tenders are hereby invited for the
transport by motor car of public
St. George's Street Nelson Street officers travelling on duty for the
Emanuel Barton. year ending 31st December, 1958.
Ickford Winter (2), Mary Wells, 2. Such tenders should be in
Doris Allen, Edward Lloyd, Isabella CECIL O. BYRON, respect of single journey from the
Davis, Edward Terry, Alice M. Smith. Provost Marshal. place where the public officer enters
the oar to the place at which he leaves
St. John's Street it (i.e. so much a mile for the sing&p
Gladys B. Winter, Igal Winter (2), INVALIDATION OF ANTIGUA STAMPS. journey) and charge for waiting, if
G. Gaston Job Ima:, Rol rt A. Carty, any, should be stated. Provided thMt
Iola Maniderson, Joha Fl:,,is, William It is her(:)y iltified for general where the officer enters or leaves the Punter, Ethel Hunte, Victoria James. information that, notwithstanding the car outside the City limits a charge provisions of the King George VI ten may be made for the distance between Bishopgate Street shillings and one pound Stamps that point and St. John's.
James E. Harris, Ciarles King, (Invalidation) Order, 1957 (S. R. & 0.
James Mapp, Centillia Simon, James 1957 No. 9) the Antigua stamps of 3. Government will not be preB. Hart, Florenco Ramnisay, John the values of ten shillings and one eluded from hiring seats for publio
Dowe, Jane Ann Wilson, Dulce Vaun. pound athorised for use in Antigua officers in public service vehicle by the Stamps Order, 1948, (S. R. & O which would otherwise be proceeding North Street 1948 No. 6) may, by virtue of the to the officer's destination where this
Ferdinand Martin, Mary H. Joseph, King George VI ten shillings and one will result in any economy e.g. for Ernest Gilead, Alice Florsford, John pound Stamps (Continuance of Use) customs officers going to Coolidge Sebastian, Titus Simon. Order, 1957, (S. R. & O. 1957 No. 29) Airfield on duty in a car hired or
continue to b. used for the payment used by the Airline Agents. The Point of postage or st:imp duties up to and
Eileen C. & G. Reynlls, Heirs of including th 31st day of March, 4. Government reserves the right
Joseph Samuel, Joseph Mathurin, 1958, after which date they shall no to hire or use cars, or seats in cars, Henrietta Grayham, Edmore C. Aska, longer be valid for the said purposes. other than the contractor's cars, for Abraham Samuel, Brydore Benjamin. public officers proceeding on duties
Provision has, however, been made connected with the Customs or Mariners Lane in the above Continuance of Use revenue.
Ebenezer Christophcr, Irene Wal- Order for a period of grace of three
ker, Matha Finch. months thereafter, that is on or 5. Government does not bind itbefore th 30iih d(lay of June, 1958, self to accept the lowest or any Wilkenson street within which holders of the stamps tender.
Norris Destin, Neville Bridges, of the abovemontionedl denominaAndrew Emanuel, Geo. W. B. Bryson tions may effect their exchange at the 6. The Contractor will be expected
"A Co., Ltd. General Post Office, St. John's, Anti- to provide prompt and efficient sergna, for a stamp or stamps of equal vice and any agreement entered into Newgate Lane value anthorised for use in the Colony with a contractor will be subject to
Heirs of Willock. of Antigua. the following conditions:Long Street Administrator's O/Ice, (i) The Contractor shall whenAntoinette Reid, V. C. Gomes, Antigua. ever required furnish a car.
,George McAndrew, Maria S. Queely. 21st September, 1957. (ii) If due notice of the require(ii) If due notice of the requireRedcliffe Street ment of a car has been given
Antigua Ledge A.F. TRAFFIC NOTICE. and failing any satisfactory
explanation the Contractark
The Public is informed that, car arrives more than five
Nevis Street whereas now Popeshead Street in St. minutes after the required
Morrison Camacho, Elma Potter, John's is a Major Road in some of its time Government shall have"
Est. of Thomas Byam, Hrs. of Eliza stretches and a Minor Road in others the right to deduct a penalty
Bennett, Bertha Buckley. and whereas now some roads which not exceeding $2.40 from any
cross it are Minor Roads and others of the sums due and owing
Tanner Street are Major Roads, with effect from to the Contractor.
Heirs of Barton. 11th November, 1957 Popeshead
Suth SStreet will be declared a Major Road (iii) In the event of the ContracSoMartin, Strene Sower- throughout the whole of its length tor's car being more than 15
Joseph H. Martin, Frence Sower- and all roads crossing it will be minutes late after the required
by. declared Minor Roads. That is to say, time Government may cancel
Temple Street traffic moving along Popeshead Street the contract on giving the
Constance Hill. will have right of way over traffic Contractor one week's notice
entering it from no matter which in writing.
Church Lane street. The presnt Stop" signs
Estate of D)avid Horsford, Wy- will be adjusted accordingly. (iv) Government shall also have
cliff Broodie, Randolph Michael, Hrs. the right to terminate the
,of Ronan. This measure is intended to im- contract on giving one week's
prove the flow of traffic and to notice in writing if the serCross Street decrease the risk of accidents. The vice is generally unreliable
Ruby Hughes, St. 0. A. Duke. Public is requested therefore to co- through repeated unpunctuoperate with it. ality, defective cars or other
Stapleton Lane. H. G. SEWARD, cause.
Estate of T. F. Burrowes. Tragic Commissioner. 7. The Tender should state the
7. The Tender should state the
Ottos Land 2nd November, 1957. number of cars to be at the disposal
George Farley. 36/ooos of Government.
256 THE ANTIGUA, MON iSERR1AT AND VIRGIN ISLANDS GAZETTE. [November 15, 1957.
8. All tenders should be addressed In blue serge and cotton duck for 4. If the delivery of uniforms is. to the Administrator in a sealed boatmen- delayed for a period exceeding four
envelope marked Tender for Official weeks after the date of receipt of the
Transport" and should be lodged at (a) blue serge jumper & trousers material or uniforms are unsatisfacthe Administrator's Office not later torily tailored, Government reserves
than 4 p.m. on Friday 13th Decem- (b) blue serge trousers only the right to cancel the contract on
ber, 1957. (c) cotton duck jumper and giving one week's notice in writing.
By Order, trousers By Order,
HENRY J. ELWIN,
Administrative Secrelary. Quotations should also be made Bruce Gloade,
(P.W.C.) for-- Gle k to th Administrator.
Administrator's Office, (a) blue denim overalls Administrator's feice,
Antigua. (b) blue denim trousers 1S1. John's,
11th November, 1957. Antigua.
Ref. No. A. 78/17. () blue denim shirts. 12th November, 1957.
() Ref. No. A. 41/32.
TENDER. Government will supply the necessary drill, serge or duck, also badges RAINFALL FIGIURES. Tenders are invited for the making and official buttons for tunics. All Agricultural Department, of uniforms for Petty Officers for the other materials are to bo supplied by Antigua.
year 1958 as follows:- the contractor. Prices are to include
the cost of affixing badges to tunics Month 1953. 1954. 1955. 1956. 1957. In khaki drill for Petty Officers- or jumpers. January 1.3 3.0 2.16 5.15 3.16,
(a) tunic and trousers Fb. 1.02 2.4 .68 1.23 2.29
M ar. 5. 0 1.0S .83 1 40 .40
(b) ka shirts with sot 2. Tenders should be in sealed April 2.()6 .49 1.75 3.83 2.54
(b) khaki shirts with sbort envelopes addressed to His Honour May 1.50 8.83 2.81 2.58 1.19
sleeves and pocket on eaeh breast the Administrator and marked June 1.'1 3.32 1.47 5.72 2.86
with flap to button "TENDER FOR U N I F O R M S." July 3.20 3.47 2.13 4.29 1,50
August 3.15 5.93 8.25 5.67 6.48
(c) khaki trousers Tenders should roach this office by September 2.10 9.91 5.59 2.10 8.45
noon on Saturday, 7th December, October .85 4.62 5.60 6.58 4.84
(d) khaki shorts 1957. To 9th Nov. 63 48 130 1.94 201
3. Government does not bind it- 23.35 38.62 32.57 40.49 35.75.
(e) khaki overalls self to accept the lowest or any tender.
8th November, 1957,
MEDICAL ACT 1937
Pursuant to Section 23 of the Medical Act, 1937 of the Leeward Islands as amended by the Medical (Amendment) Act, 1948 and adapted to the Colony of Antigua by S.R.& O. No. 22 of 1956, the following registration is. hereby notified.
Name. Qualification. I Date Registered. Registration Number.
ALFORD REGINALD WALwYN ... M.D.; B.S. (Lond.) 1954 31st October, 1957 185
Cecil 0. Byron,
Printed at the Government Printing Officle, Antigua, Leeward Islands, by E. M. BLAcKMAN, Government Printer.-By Authority.
[Price 19 cents.]
No. of 1957. Officer in chaqe of Prison discipline MONTSERAT.
(Validation of Acts)
No. of 1957.
An Ordinance to confirm and validate all the
rights, powers, acts and duties purported to have been exercised and undertaken by WALTER STANLEY SOUTHWELL as Officer in charge-of Prison discipline from lot July,
1956, to 10th January, 1957.
WHEREAS Walter Stanley Southwell was Preamble. ;mmediately prior to the 1st day of July, 1956, the Officer in charge of Prison discipline appointed by the Governor under the Prison Act, 1877: Cap. 86.
AND WHEREAS the office of Officer in charge of Prison discipline ceased to exist on the 1st day of July, 1956, by reason of the repeal of the said Prison Act, 1877, and the coming into cap. 85. operation of the Prison Ordinance, 1955, and the S. R. & 0. Prison Rules, 1956: 19,
MONTSeRRAT. 2 Officer in charge of Prison discipline No. of 1957.
(Validation of Acts)
AND WHEREAS .the said Walter Stanley
Southwell between the Ist day of July, 1956, and the 10th day of January, 1957, inclusive, continued to exercise and undertake the rights, powers and duties vested in the Officer in charge of Prison discipline under the law in force in the Colony immediately prior to the first day of July, 1956, and, in particular, purported to hear and determine charge sagainst, and to impose penalties upon,.
prisoners at Her Majesty's Prison in the Colony
for offences against prison discipline:
AND WHEREAS it is expedient to confirm
and validate the said purported exercise and undertaking of the said rights, powers and duties by the said Walter Stanley Southwell between the 1st day of July, 1956, and the 10th day of January,
ENACTED by the Legislature of the Colony
Short title. 1. This Ordinance may be cited as the
Officer in charge of Prison discipline (Validation
of Acts) Ordinance, 1957.
Validation. 2. All rights, powers acts and duties exercised
or undertaken, or purported to have been exercised or undertaken, in the Colony by the said Walter Stanley Southwell purported to act in the capacity of Oficer in charge of Prison discipline of the Colony between the 1st day of July, 1956, and the 10th day of January, 1957, inclusive, and which would have been valid, proper and lawful if done under the law in force in the Colony immediately prior to the first day of July, 1956, are hereby declared to have been validly, properly and lawfully done and are confirmed as from the time of the exercise of such rights, powers, acts and duties and the said Walter Stanley Southwell is hereby freed, acquitted, discharged indemnified as well against the Queen's Most Gracious Majesty Her Heirs and Successors as against all and every person and persons what ever, from all legal proceedings of any kind
N4o. of 1957. Office in charge of Prison discipline 3 MONTSEn*AT.
(Validation of Acts)
whatever, whether civil or criminal, in respect of or consequent on the exercise of any such' rights, powers, acts and duties as aforesaid.
Passed the Legislative Council this day
Clerk of the Council.
OBJECTS AND REASONS.
Captain Walter Stanley Southwell was, prior to the 1st July, 1956 the Officer in charge of Prison discipline under the Prison Act, 1877 (Cap. 85). Captain Southwell continued to perform the functions of Officer in charge of Prison discipline up to the 10th January, 1957.
The object of this bill is to validate the acts done by him in the capacity of Officer in charge of Prison discipline during the above period.
F. 0. C. HARRIS,
4th September, 1957.
Printe( at the Goverment Printing Offloe, Antigua, Leeward Islands,
by E. M. 1Br"OMAN, Government Printer.-By Authority.
47/00527-310-11.57. Price 4 cents.
No. 15 of 1957. Criminal Procedure Act MONT(Amenlmenti). SERRA
A. T. WILLIAMS, Governor.
4th November, 1957.
No. 15 of 1957.
An Ordinance to amend further the Criminal
[4th November, 1957] Commencement.
ENACTED by the Legislature of the Colony
1. This Ordinance may be cited as the Short title.
Criminal Procedure Act (Amendmrnenth Ordinance, np 31;
1957, and shall be read as one with 3 e Criminal &0.
Procedure Act, as amended, hereinafter called the 1956 No. 15.
2. Section 2 of the Principal Act is hereby Amendment
amended by inserting the following definition of ection 2 of
immediately after the definition of the word Act.
S"Property":"the Court" means the Supreme Court or
any Judge thereof. i z.za?
MONT- 2 (rhninal Procedure Act No. 15 of 1957.
Amendment 3 For the caption of Part 7II of the
of option of
Part VII of Principal Act the flowing shall be substituted:the Principal
Act. "E VDENCE, ATTENDANCE OF
WITNESSES, AMENDMENT, JUDGMENTS, &C."
Insortion of 4. Immnediately after section 33 of the
in the Prini .Principal Act, the following new sections shall pal Act, be inserted:"Attandanc 34. Every person who is bound by
bound by recognisance to attend ut any criminal sessions rue gnisrmcu or sittings of the Court as a witness, whether
for the prosecution or for the defence, in any case to be tried at such sessions or sittings, shall be bound to attend the Court, whether or not he haits received any subpoena or notice, on the day appointed for the trial of such case, and on subsequent days of such sessions or sittings, until the case has been disposed of, or until hie has been discharged by the Court
from further attendance.
Writs of 31 A. (1) Every person whose attendsubpoenas
ance as a witness, whether for the prosecution or for the defence, is required in any case, and who has not been bound by recognisance to attend as a witness at the criminal sessions or sittings at which such case is to be tried, shall
be summoned by a writ of subpoena.
(2) Every such subpoena shall issue in the name of the Queen, and shall be tested in
tbe name of the Chief Justice.
Duty to 34B. (1) Subject to the provisions of
prepare, ~ ubsection (2) of this section, it shall be the
ddty of the Registrar, on being furnished with the names and places of abode of any witnesses on behalf of the prosecution or defence whose attendance is required to be secured by subpoena, to prepare for service a writ or writs of subpoena directed to such witnesses, together with as many copies thereof, as there may be witnesses named in.
such writ or writs.
N o. 15 of 1057, Crintinal Prowedlerc Act 3 MONT-(A rndment). SERRAT.
(2) Notwithistandinig the provisions of
subsect ion (1) of this sheltit -l'2 -1 h lawful for the Ekegistrar, before a sbwradirected to ainv witness wht-- attendance is reipuiredj on behalf of the dtIie -, is prepared, to reqiie to be satisfied Iw vdne on oath or otherwise that that itesis likely to be, able to give material evidence- Providedi that nothing in this SUbsection shall be deerned to prejudice any right or power of the Court tit the trial to
call, or permit to ie called, ally witness.
(3) When al~plicatioxi shall be inude to
postpone any trial by reason of the absence of any witness, it shall be taien as prima l'aci( evidenict, liable nevertheless to b, rebutted.
that the part ^ applying for such positponeinent has not cxercisea all due and necessary diligence to secure the attendance of such witness if it shall appear that no, subpoena to such witness was requested four clear dwys at the least before thle iii-st day of the criminal
sessions or sittings,
3 1 C. Thle Registrar, by himself or his s~inice of
assistants, shall with all dliligence, serve, oM SulpoIeIIn.
attempt to serve, a copy of the writ of subpoena upon each witness to be served, and Aiall uote every such service or attempted service with thle tino thereof upon the original writ (f subpoena. and shall endorse and subscribe thereon a certifioate of the -device or non-service thereof, ats tile circumstances of the caze ma v reqiiirk- ; iuch certibcate P~hall be Pimmna f( (,-i evide nce of the facts tated therein.
3 4 ".). If any1 pe-i u who has been Warrmnt for
bound, by recognisancee to attend a,,- 1a witless peeni
of 01 itun s not
wihtr *i or -Ie ixOoeetolon or for- d-ic deieucc, attending Oil
Sthbe tilof 1 tlv ease ncent lie~en the cogrsaico.
Court on die day~ appointed for the trial of Such ('ase. and t- r ~ ctiab xcuse is ('ffero~d
for Such uo~~iac.the Court may issue a wvari-amnt i appreheiid sucil 1 erson, find to bring biai, >tt die~i'ne~lnd in thle waN'rrant, Lefore ITI fA"t( n i to give
evidence onihWo e ieb or of the
def ence, as the case may be.
fMOT- 4 Criminal Procedure Act No. 15 of 1 951.
warrant for 34E. If any person to whom any writ
of witness of subpoena is directed does not attend the disobeying Court at the time and place mentioned therein,
l lons, and no reasonable excuse is offered for such
-non-attendance, then after proof upon oath, to the satisfaction of the Court, that the writ was duly served, or that the person to whom the writ is directed wilfully avoids service, the Court, being satisfied, by proof upon oath, that he is likely to give material evidence, may issue a warrant to apprehend such person, and to bring him, at a time to be mentioned in the warrant, before the Court in order to give evidence on behalf of the prosecution or
of the defence, as the case may be.
Fine for non- 34F. Every person who makes default
of witness, in attending as a witness in either of the cases
mentioned in the last two preceding sections shall be liable, on the summary order of the Court to a fine of ninety-six dollars, and in default of payment, to imprisonment for two
warrant for 34G. (1) If a Judge is satisfied, by
of witness in proof upon oath, that any person likely to first instance. give material evidence either for the prosecution
or for the defence, on the trial of any case, will not attend to give evidence, without being compelled to do so, he may order that, instead of a subpoena being issued, a warrant shall be issued in the first instance for the apprehension of such person.
(2) Every person arrested utinder any such warrant shall, if the trial of the case for which his evidence is required is appointed for a time which is more than twenty-four hours after the arrest, be taken before a Judge, and the Judge may, on his furnishing security by recognisance, to the satisfaction of the Judge, for his appearance at such trial, order him to be released from custody, or shall, on his failing to furnish such security, order him
to be detained for production at such trial,
No. 15 of 1957. Criminal Procedure Act 5 MONT(Amendment). SERRAT.
34H. (1) If any person attending the Mode of deatl(Court as a witness, either on his recognisance, nmith
or in obedience to a subpoena, or by virtue of refuing to be
a warrant, or being present in Court and swor ete.
being verbally required by the Court to give
evidence in any case(a) refuses to be sworn as a witness,
(b) having been so sworn, refuses to
answer any question put to him by or
with the sanction of the Court, or
(c) refuses or neglects to produce any
document which he is required by the
Court to produce,
without in any such case offering any sufficient excuse ,for such refusal or neglect, the Court may if it thinks fit, adjourn or postpone the trial of the case for any period not exceeding eight days, and may in the meantime,
by warrant, commit such person to prison.
(2) If such person, upon being brought
before the Court at or before such adjourned or postponed trial, again refuses to do what is so required of him, the Court may, if it thinks fit, again adjourn or postpone the trial of the case, and commit him in like manner, and so again from time to time until such person consents to do what is so required of him.
(3) Every such person who is guilty of
such refusal or neglect shall also be liable, on the summary order of the Court, either in addition to or in lieu of such punishment, to a fine of ninety six dollars, and in default of payment,
to imprisonment for two months.
(4) Nothing herein contained shall affect
the liability of any such person to any other punishment or proceeding for refusing or no(lecting to do what is so required of him, or shall prevent the Court fromrn disposing of the case in the meantime, according to any other
sufficient evidence produced before it.
MONT. 6 Criminal Procedure Act No. 15 of 1957.
Non- 341. Every witness who is present when
witness the trial or further trial of a case is adjourned,
adjourned or who has been duly notified of the time to
trial, which such trial or further trial is so adjourned,
shall be bound to attend at such time, and in default of so doing, may be dealt with in the same mnianner as if he had failed to attend before the Court in obedience to a subpoena to
attend and give evidence.
Amendment Section 40 of the Principal Act is hereby
of section 40
of the Prinoi- amendedpal Act, (i) by substituting a full stop for the
comma after the words Supreme Court "; and
(ii) by deleting the words which rules ishall also apply to such Inferior Courts of criminal jurisdiction as shall be therein designated. Insertion of 6. immediately after the end of Part VII of
new Part in
the Principal tile Principal Act, the following new Part numbered Act. VIIA" shall be inserted:-"VIIA
ARRAIGNMENT AND TRIAL OF
Procedure 41 A. If ay accused person appears, -on
where person u
indictod ap- arraignmle it, to be ins.'ane, the Court may orderpears on a jury to be empanelled to try the sanity of
to be insane. such person, and the jury shall thernupon,
after hearing evidence for that purpose, find
whether such person is or is not insane and un-
fit to take his trial.
Procedure 41B. If, during the trial of any accused
indicted ap- person, such person appears, after the hearing pears during of evidence to that effect or otherwise. to the
trial to be
iusane. jury before whom hlie is tried, to be insane, the
Court shall in such case direct the jury to abstain from finding a verdict upon the indictmenit, and, in lien thereof, to return at verdict that such person is insane: Provided that a verdict under this section shall not affect the trinil of any person so found to be insane for the offence for which he was indicted in case
he subsequently becomes of sound mind.
No. 15 of 1957. Criminal Procedure Act 7 MONT(Amendmient). SERRAT.
41C. Where, in an indictment, any act or Special verdiot where n(cnsed
omission is charged against any person as wha m ron
offence, and it is given in evidence on the trial guilty, but inof such person for that offence that he was in- no adt
sane, so as not to be responsible according to omission law for his actions at the time when the act charged.
was done or the omission made, then, if it appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict to the effect that the accused person was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did the act or made
41D. Where any person is found to be Provision for
insane under the provisions of section 41A or ""o of
section 41B of this Act, or has a special ver- found insane.
dict found against bhim under the provisions of the last preceding section, the Court shall direct the finding of the jury to be recorded, and thereupon the Court may order such person to be detained in safe custody, in a hospital for criminals of unsound mind, until Her Majesty's
pleasure shall be known.
41E. The Court shall immediately report Judge to
the finding of the jury and the detention of report finding
such person to the Governor, who shall order to Governor.
such person to be dealt with as a criminal of unsound mind under the laws of the Colony for the time being in force for the care and custody of criminals of unsound mind, or otherwise as he may think proper."
J. C. LLEWELLYN WALL,
MONT- Is Criminal Procedurxe A4ct No. 15 of 1957.
Passed the Legislative Council this 25th day of October, 1957.
Clerk o/f the Council.
Printed zt th6 Government Printing Offioe, An~tigua, I.Woward 1s1&nrda,
by E. M. BLACKMAN, Governmnent Piinter.-By Authority.
47100534-520-11.57. [Price 10 eni.j
STATUTOR Y RULES ANDI) ORI)ERS.
1957, No. 26.
Resolution of the Legislative Council of the Colony of
Montserrat dated October 25, 1957, made under section 15 of the Customs Duties Ordinance, 1928
(No.7 of 1928).
Whereas Section 15 of the Customs Duties Ordinance, 1928, provides that the Legislative Council may from time to time by resolution increase, reduce, abolish or otherwise alter the Customs duty leviable on any goods imported into the Colony:
Be it Resolved that the Customns duty leviable on the goods meLtioncd in the Articles in the second column of the Schedule hereto (the said articles being those of the Conventions and Additional Protocol set out in the first column of the s:id Schedule) shall, when such goods are imported into the Colony, be abolished subject to the provisions of the said Conventions and Additional Protocol and to the conditions laid down therein.
Convention concerning Customs Articles 2, 3 and 4
Facilities for Touring done at New York on the 4th day of June, 1954.
Additional Protocol to the Conven- Articles 2 and 3. tion concerning Customs Formalities for Touring, relating to the Importation of Tourists Publicity Documents and Material done at New York on the 4th day of June, 1954.
Customs Convention on the Tern- Articles 2, 3 and 4.
porary Importation of Private Road Vehicles done at New York on the 4th day of June, 1954.
Passed the Legislative Council the 25th day of
Clerk of the Council.
Printed at the Government Printing Otlfice. Antigua, Leeward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
25/00021-500-11.57. Priest 3 cents