|UFDC Home||myUFDC Home | Help ||
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
STANDARD VIEW MARC VIEW
AND .- / i
SA 1.8 AP 1959
VIRGIN ISLANDS GA /TTE.,
Published by cfuthority.
VOL. III. THURSDAY, 11TH SEPTEMBERl, 1958. No. 41.
It is hereby notified for general
information that His Excellency the
Governor has been pleased to appoint
Mr. DENNIS I [ -..[D M:,fI*i 'A.I,
'Treasurer, British Virgin Islands, to be
an (OflKi. I Member of the Executive
and Legislative Councils of the Virgin
Islands from the 1st September, 1958.
Chief Secretary's 0 'i,
8th September, 1958.
Ref. No. C. 1800012--II.
It is notified for general information
that Signor EMILIO CACCIALUPI has
been accorded formal recognition as
Italian Vice-Consul for Barbados,
British Guiana, Trinidad, Leeward
Islands and the Windward Islands,
"with residence at Caracas.
4th September, 1958.
In the Supreme Court of the
Windward Islands and
NOTICE is hereby given that in
pursuance of Rules made by the Chief
Justice under Section 16 of the Wind-
ward Islands and Leeward Islands
(Courts) Order in Council, 1939, and
duly approved as therein provided
on the 16th day of October A.D. 1941,
the Honourable the Puisne Judge
selected for the sitting of the Court
in the Antigua Circuit has appointed
Wednesday the 1st day of October,
19.s, at 10.00 o'clock in the forenoon
as the day of the month on which the
next sitting of the Antigua Circuit
Dated the 5th day of September,
Ag. Registrar of the Supreme
NOTICE TO ELECTRICITY
ALL ELECTRICITY CONSUM-
ERS are informed that line faults and
complaints dealing with the electricity
iuppll;, should, in future be reported
to Reports and 2'iL1; Service-St.
John's, Phone No. 62.
Electricity, Ice &( Cold Storage
4th September, 1958.
NOTICE TO ELECTRICITY
The Electricity Department regrets
that due to the breakdown of two
generating Sets, severe interruption of
supply has become necessary. One
unit has now been returned to service
but it. will be some time yet before the
the remaining Set can be put into
2. The maximum demand on
the system usually occurs between
the hours of 10.30 a.m. and
mid-day, and 6.00 p.m. to 9.00
p.m. daily. Consumers are therefore
earnestly requested to co-operate by
restricting their demands during the
abovementioned periods to an absolute
minimum and thereby assist in
maintaining an uninterrupted supply
to all consumers.
3. In the event of it becoming
necessary to suppress the supply to
certain consumers owing to excess
load conditions it is regretted that it
will not be possible to give prior
warning of this measure.
Electricity, Ice & Cold Storage
9th September, 1958.
Appointments, transfers, etc., in
the public service, with effect from
the dates stated, are published for
Davis, Miss S., Junior Clerk, Peasant
Development Office, appointment
terminated. August 23.
De Freitas. Mrs. H., appointed Uncerti-
ficated Elementary School Teacher,
Education Department. Sep. 1.
Dickenson, Miss M., Cer ti ficate d
Elementary School Assistant
Class II, Education Departmenm,
resigned appointment. Sept. 7.
Harper, McK. D., U n certificated
Teacher, Educati, n Department, re-
signed appointment. Aug. 31.
James, C., Junior Clerk. Electricity
Ice & Cold Storage Department,
resigned appointment. Aug. 31.
Knight, S, Uncertificated Teach e r,
Education Department appointed
Junior Clerk, Education Depart-
ment. August 1.
Procter, Mrs. S., appointed P ub ic
Health Nurse (Temporary), Medical
Department. Aug. 1.
Roberts, Miss. C., Uncertifioated
Teacher, Education Department re-
signed appointment. Sep. 8.
Straker, J. H., appointed Meter
Reader, Electricity Ice & Cold
Storage Departmeni. Jan. 1.
Terry, R., Certificated Elementary
School Assistant Class II. Education
Department, resigned appointment.
Whyte, Mrs. A., Acting Public Health
Nurse appointed Public Health
Nurse, Medical Department.
CONFIRMATION OF ORDINANCES.
The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercised in respect of the
"No. 4 of 1958, The Title by Regis-
tration Act (Amendment) Ordinance,
Chief Secretary's Office,
8th September, 1958.
Ref. No. 47/00476.
The following Bill which is t,
be introduced into the Legislative
Council of Antigua, is circulated
with this Gazette and forms part
The Antigua Electricity Board
(Declaration of Pensionable Offices)
206 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE. [September 11, 1958-
The following Ordinances and
Statutory Rules and Orders are circu-
lated with this Gazette and form part
No. 8 of 1958. The Co-operative
Societies Ordinance. 1958."
'-, pp. Price 64 cts.
No. 11 of 1958, "The Title by
Registration Act (Amendment) Ordi-
nance, 1958." 4pp. 1Price 11 cents.
No. 12 of 1958, "The City Rate
(Amendment) Ordinance, 1958."
2 pp. Price 7 cls.
STATUTORY RULES & ORDERS.
No. 27 of 1958, "The Montserrat
Telecommunications (Licences and
Fees) Order, I:', ." 3pp. Price 9 cts.
No. 33 of 1958. The Consular Con-
ventions (Italian Republic) Order,
1958." 1pp. Price 5 cents.
No. 34 of 1958, The Consular Con-
ventions (Federal Republic of Ger-
many) Order, 1958." 1pp. Price 5 cts.
No. 7 of 1958, "The Belle Vue
Protected Areas Order, 1958."
2 pp. Price 7 cts.
To 6th Sept.
27.28 20.69 26.21 20.68
TRADE MARKS OFFICE,
MONTSERRAT 29th August, 1958.
WE, TRINIDAD MANUFACTURING
& REFINING CO., LTD., of Nos. 72/74
South Quay, Port-of-Spain, Trinidad,
have applied for Registration of one
Trade Mark consisting of the follow-
in Class 42.
Thl Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 3} years
before the date of their said Applica-
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua Montserrat and Virgin
Islands Gazette give notice in dupli-
cate at the Trade M irl;k Office, Mont-
sere':t, of opposition to the said Trade
C. STRAUGHN HUSBANDS,
Ag. Registrar of Trade Marks.
The A ntigua Vehicles and Road
No. 5 of 1946.
By virtue of the power conferred
upon me by Section 2 of the Antigua
Vehicles and Road Traffic Ordinance
No. 5 of 1946, I hereby announce
that until further notice the lighting
up time for vehicle shall be from
6.30 p.m. to 5.00 am.
Dated this 19th day of August,
H. G. SEWARD,
Ref. No. 36/0000.
TRADE MARKS OFFICE,
MONTSERRAT 18th August. 1I '.
VAN DEN BERGHS (EXhP)IT)
LIMITED of Unilever House, Black-
friars, London E.C. 4. have applied
for Registration of onb Trade 'M:ark
consisting of the fill.' il,::
in Cla-s 12
The Applicants (claiin that thly have
not used the s:tid Trade Mark in
respect of the said goods in Mont-
serrat before the date of their said
Any person may within threat
months from the date of the first
appearance of this Advertisement in
the A i,.t.,n, Mfontserrat. & Virgin
Islands Gazettc give notice in dupli-
cate at the Trade Marks Ollice, Mont-
serrat, of opposition of the said Trade
C. STRAUGHN HUSBANDS,
Ag. ... ,. ,/ I of Trade .11I, -,,,s.
TRADE MARKS OH I('E,
BRITISH VIRGIN ISLANDS.
4th September, 1958.
AND REFINING COMPANY of
72/74, South Quay, Port of Spain in
the Island of Trinidad have applied
for Registration of one Trade consist-
ing of the 1-11.. .i,:-
in Class 42, that is to say: Substances
used as food or as ingredients in food.
The Applicants claim that they
have used the said Trade M Ik inr
respect of the said goods for 31 years
before the date of their said Applica-
Any person may within three
months from the date of the first
appearance of this Advertisement inm
the Antigua, Montserrat and Virginr
Islands Gazette, give notice in dupli-
cate at the Trade M.Irk (ili,.1-, Tortola,
British Virgin Islands, of opposition to
registration of the said Trade Mark.
0. M. BP.WNE,
Registrar of l'Tade _JI,i /s.
tPrnied at the Government Printing Office, Antigtn, iLeward Islands,
by EARL PIaoTr, Government Printer.-By Authority.
No. of 1958. .lAntiiit Electricity Boaid (Decla-
raTIwL of Pensionable Olfices)
: ...., ...
* '. .,
: ; ..
;".. ,.:" .:
.' "" -
'; *:.'.. *" .;
No. of 1958.
An Ordinance to declare the service of the
former employees of the Antigua Electricity Board
to be service in a pensionable office.
ENACTED by the Legislature of the Colony
1. This Ordinance nny be cited as the shorttitle.
Antigna Electricity Bourd (Declaration of Pension-
able Offices) Ordinance, 1958.
2. In this Ordinance the expression "the
SAntigua Electricity Board" means the Board
' established under section 3 of the Electricity Ice
/and Cold Storage Ordinance, 1948, since repealed.
~illl I~u.Yc r;.-llULi~
ANTIGUA. 2 Antigua. Electricity B.ord (Decla- No. of 1958.
ration of Pensionable Oilices)
3. For the purpose of computing the pen-
sions or gratuitiess under the Pensions Act, 1947,
of the persons mentioned in the Schedule to this-
Ordinancp (and of such other former employees bf -
the Antiguin Electricity Board aLb the Governor, in
his discretion, may 'rom tinie to time, direct), the .
service of each of those persons prior to the 1st
day of Januiary, 1957, under the Antigua Electrici-
ty Bonrd shall be deemed to be service in a pension-
able office under the Government of Antigua.
Passed the Legislative Council this
Clerk of the Council.
Joseph Albert Gilkes
Randolph Gilford Perry
OBJECTS AND REASONS.
Pii'ir to the 1st JaLnuary, 1957, service with tlhp iirnw defunct
Anticua Electricity BIairil was not considered pen-iouial.il- service.
'lhiq Bill seeks thlir.l-torl to provide tliht the service (if tlho-s who were
-iiiplolyeil with tlhe B'-ur'd should tl i pensionable service.
F. 0. C. HARRIS
Acting Attorney General.
Printed at the Government Printing Onlirc, Antigun, Lor R*rd JIilrilM,
by EARl. PooTTr, Goverumtnt. Printer.--By AuthLoui
9.58. i, ice 7 cents.
-? - -/..,-
Board prior to
to he aserce
ic a pensiou-
No, -8 of 19,58.
A. T. -WILLIAMS,
7th July, 195S.
No. 8 of 1958.
An Ordinance to provide for the formation and
to regulate the operations of co-operative
ENACTED by the Legislature of the Colony
1. This Ordinance may be cited as the
Co-operative Societies Ordinance, 1958.
2. In this Ordinance unless the context other- Interpreta.
wise requires:- t ion.
"bonus m-:ns a share of the profits of a
registered society divided among its mem-
hers in proportion to the volume of busi-
ness done with the society by them from
which the profits of the society were
by-laws"' means the registered hy-laws made
by a society in the exercise of any power
conferred by this Ordinance, arid includes
a registered amendment of the by-laws;
ANTIGUA. 2 Co-operative Societies. No. 8 of 1958.
committee means the governing body of a
registered society to whom the manage-
ment of its affairs is entrusted;
"dividend means aL share of the profits of a
registered society divided among its mem-
bers in proportion to the share capital
held by them;
member" includes a person or registered
society joining in the application for the
registration of a society, anil a person or
registered society admitted to membership
after registration in accordance with the
officer" includes a chairman, secretary,
treasurer, member of committee, or other
person empowered under the regulations
or by-laws to give directions in regard to
the business of 'i registered society;
"registered society" means a co-operative
society registered under this Ordinance;
Registrar" means the Registrar of Co-
operative Societies appointed under sec-
tion 3 of this Ordinance and includes any
person when exercising such powers of
the Registrar as may have been conferred
upon him under that section;
rules means rules made under this Ordi-
"section means a section of this Ordinance.
Appointment 3. The Governor may appoint a person to be
of Reristrar Registrar of Co-operative Societies for the Colony
Registrars and nay appoint persons to assist such Registrar,
and may, by gneral or special order published in
the Ga:ette, confer on any such persons all or any
of the powers of a Registrar under this Ordinance.
THE CO-OPERATIVE SOCIETIES ORDINANCE. 1958.
No. 8 of 1958.
TABLE OF CONTENTS.
PART I-PRELIMINARY J
1. Short Title. 95
2. Interpretation. \
3. Appointlmeut of Registrar and Assistant Registrars.
4. Societies which inimy bb registered.
5. Conditions of Registration.
6. Application for Registration.
8. Societies to be bodies corporate.
9. Evidence of Registration.
PART III- DUTIES AND PRIVILEGES OF SOCIETIES.
10. Po,,W'r 4f registered society to make by-laws.
11. Aui-ndment of the by-laws of a registered society.
12. Address of society'.
S 13. Cpy of Ordinance, rules, by-laws, etc., to be open to inspection
14. Disposal of produce to or through a registered society.
15. Creation of charges in favour of registered societies.
16. Chnige rind set off in respect of shares or intorpst of members.
17. Shares or interest not liable to attachment or sale.
18. Power of Nomination.
19. Transfer or payment rcf value of interest on death >'f member.
20. Deposits by or on behalf of minors.
21. Register of members.
22. Proof of entries in books of society.
PART IV-RIGHTS AND LIABILITIES OF MEMBERS.
23. Qualification for membership.
24. MAnmbers not to exercise rights till due payment made.
25, R-estriction of membership in society.
26. Votes of members.
S 21. R,-pLtesentation by proxy. -
S 28. -Contracts with society of members who are uninrs.
S 29. No individual to hold more than one-fifth of shait capital of any
80. Restrictions on transfer of share or interest.
31. Liability of past member and estate of detJitsrLbL member for
debts of society.
PART V-PROPERTY AND FUNDS OF REGISTERED
3. .Luanius lalt by 'L rPgisttrredl srocirty.
33. Deposits ani loans leceivedl by a registered soeelvy.
4t. Restrictions on other transactions with nun-tueumbra,
i _.. -o..
.K ... '- .
TABLE OF OONTENTS-(cont'd). :
35. Investment of funds,
36. Disposal of.profits,
PART VI--AUDIT, INSPECTION AND INQUIRY.
38. Power of Registrar to inspect societies' books, etc,
39. Inquiry and inspection.
41. Cannrellationof registration of a society due to lack of membership,
42. Eff Lt of cancellation of registration.
43. Liquidation after cancellation of rogistratton of society..
44. Liquidator's powers.
45. Power of Registrar to control liquidation.
46. Enforcement of order.
47. Limitation of the jurisdiction of the civil court.
48. Closure of liquidation.
PART VIII--SURCHARGE AND ATTACHMENT.
49. Power of Registrar to surcharge officers, etc., of a registered
50. Appeal to the Governor in Council.
51. Settlement of disputes.
52. Case stated on question of law.
54. Recovery of sums due to Government.
55. Special powers. of Governor in Crouncil to exempt any society
from requirements as to registration.
56. Special power of Governor in Council to exempt soci.-tit' from
provisions of Ordinance.
57. Power to exempt from stamp duty and registration fees.
.58. Prohibition of the n-c of thIe word co-operative ".
59. Penalty for non-eompliance with Ordinance.
60. Punishment of fraud or misappropriation. "
4 ,. .
No. R of 1938. Co-.perativ/e Societies 3 An c IC A,
4. Subject to the provisions hereinafter con- Souletie
trained, ai society which has as its object the hitched d
promotion of the economic interests of its members
in accordance with co-operative principles, or a
society established with the object of facilitating
the operations of such a society. may be registered
under this Ordinance with or without limited liability
as the legi.itrar may decide;
Provided that the liability of a society which
incluidel at least one registered society among its
members shall be limited.
5. (1) No society, other than a society of Conditions
which a muemuber is a registered society. shaIll be ot Reitrn-
registered under this Ordinance, which does not con-
sist of at least ten persons each of whom is qualified
under section 23 for membership under this Ordi-
(2) The word co-operative shall form part
of the name of every society registered under this
(3) The word limited shall be the last
word in the name of every society with limited lia-
bility registered under this Ordinance.
(4) When for the purposes of this section any
questiml arises as to age, residence, or occupation of
land constituting the qualification of any" person, that
question shall be decided by the Registrar whose
decision shall be final.
6. (1) For the purposes of registration an Application
application shall be made to the Registrar. for RegiStra-
(2) The application shall be signed:-
(a) in the case of a society of which no
inember is a re,'istere.d society, by at
least ten persons tqualificd in accord-
ance with the requirements Of section
5 (1); aind
(/,) in the case ot a sncity of which a
niembier is a registered society, by a
duly authorised person on behalf of
every such registered society, and,
ANTIGU-A. Co-operative Societies.-
io. 8 of 1958.
where all the members of the society
are not registered societies, 'by ten
other members, or, when there -are.
less than ten other members, by all
(3) The applicHtion shall be accompanied by
three copies of the proposed by-laws of the society,
and the persons by whom or on whose behalf such'
application'is made shall furnish slch information
in regard rt the society as the Registrar may
7. (1) If the Registrar is satisfied that a
society has complied with the provisions of this
Ordinance and the rules, and that its proposed by-
laws are not contrary to this Ordinance or to 'the
rules, he may, if he thinks fit, register the society
and its by-laws. An appeal shall lie to the Gov-
ernor in Council against the refusal of the Registrar
to register any society within one month from- the
date of such refusal.
(2) On registration the society shall pay such
fee as may be required by the rules.
8. The registration of a society shall render
it a body corporate by the name under which it is
registered, with perpetual succession and with power
to hold property, to enter into contracts, to institute
and defend suits and other legal proceedings, and
to do all things necessary for the purpose of its
Evidence or 9. A certificate of registration signed by the
aRtistration. Registrar shall be conclusive evidence that the
society therein mentioned is duly registered, unless
it is proved that the registration of the society has
PART III-DUTIES AND PRIVILEGES
to make by-
10. (1) Every registered society may, sub-
ject to the approval of the Registrar, make by-lavs
for any such things as are necessary or desirable
for the purpose for which such society is estab-
No. S'of 1958. Co-operative Societies. 5 ANwTIr A.
S (2) By-laws made under subsection (1) of
this section shall bind the. society .and every
member thereof and every person claiming through
such:nmeiber to rhe same extent as if every such
member had subscribed his name and affixed his
seal thereto and there were contained in such
.hby-laws a covenant on the part of such member,
his heirs, executors, administrators and assigns to
be bound thereby..
11. (.) Any registered society may, subject Amendment
to tliis Orditnnce and the rules, amend its by-laws, of the by-laws
--I of a regis-
including the by-laws which declares the name of tored soety.
(*2) No amendment of the by-laws of a regis-
tered society shall be valid until that amendment
hi:s-been registered under this Ordinance, for which
purpose three copies of the amendment shall be
forwarded to the Registrar.
(3) If the .Registrar is satisfied that any
amendment of the by-laws is not contrary to this
Ordinance or to the rules, he may, if he thinks fit,
register the amendlmet. An appeal shall lie to the
Governor- in Council against the refusal of the
Registrar to register any amendment of any by-law.
(4) An amendment which changes the name
of a.socieTy shall not affect any right or obligation
of- th)e society or of any of its members or past mem-
Sbers, and any legal proceedings pending may be
continued by or against the society under its new
(5) When the Registrar registers an amend-
ment of the by-laws of a registered society, lie shall
issue to the society a copy of the amendment certi-
fied by him, which shall be conclusive evidence of
the fact that the amendment has been duly registered.
,(6) In this section, "amendment includes the
making of a new by-law and the.variation or rescis-
sionof a by-law.
S12. Eeery registered society shall have an Addreaaso
address, registered in accordance with the rules, to society.
which all notices and communications may he sent,
and ':shall send to Lhe I-gistrar notice of every
change of that address,
Copyof Ordi- 13. Every registered ocietv shall keep copy,
ynlw, c,1, of this Ordinance and of the rules and of its by-laws
to he open and a list of its members open to inspection, free
to inspection. of charge, at all reasonable times at the registered
address of rhe society.
Dispos- .of 14. (1) A registered society which has as
prodnce to or
through a one of its objects the disposal of any article produced
recistercl or obtainedl by the work or industry of its members
,ioCitt.y. whether the produce of agriculture, animal hus-
handry, fisheries, handicrafts or otherwise rniiv
provide in its by-lawm or miv otherwise contract
with its members:-
(a) that every such member who produces
any such article shall dispose of the
whole or any specified amount, pro-
portion or description thereof to or
through the society; and
(b) that mny member who is proved or
adjMulged, in such manner as ,iiav be
prescribed by the rules to le guilty
of a breach of the bv-laws or conrtr:Nct
shall pay-to the society as liquidated
daImagesa sum ascertained or assessed
in such manner as nima bIe prescribed
by the aforesaid rules..
(2) No contract entered into under the provi-
sions of this section shall be contested in any court
on the ground only that it constitutes : contract in
restraint of trade.
Creation of 15. (1) Subject to any prior claim of the
sharess ,i Crown on the property of the debtor and to the lien
tinistered or cltirn o f a I',idlord in r,-spect ,of rent or ( iLny
societies money recoverable as rent and in Lth case of im-
movable propFortv to any prior registered charge
(a) inv debt or outstanding demand pay-
able to a registered society by any
member or past member shall lie a
first charge on all crops or other ngri-
cultural produce, marine produce,
fish, livestock, fodder, agricultural,
industrial and fishing implements,
No. S of 1905.
No. s of 1958.
- 7 ANTIoA.
plant, machinery, boats, tackle and
nets, raw materials, stock in trade and
generally all produce of labour and
things used ini connection with pro-
duction raised, purchased or produced
in whole or in part from any loan
whether in money or in goods given
him by the society: Provided that
nothing herein contained shall affect
the claim of any bona fide purchaser
or transferee without notice:
(b) any outstanding demands or dues
payable to a registered housing
society by any member or past mem-
her in respect of rent, shares, loans
or purchase, money or any other
rights or amounts payable to such
society shall be a first charge upon
his interest in the immovable prop-
erty of the society.
16. A registered society shall have a charge
upon the shares or interest in the capital and on the
depo-irs of a member or piast member or decensed
member and upon any dividend, bonus, or profits
payable to a member or past member or to the
estate of a deceased member in respect of any debt
due to the society from such member or past mem-
-ber ur estate, and may set off any sum credited or
payable to a member or past member or estate of a
deceased member in or towards payment of any
17. Subject to the provisions of section 16,
the share or interest of a member in the capital of
a registered society shall I0ot be liable tp attachment
or sale under any decree or order of a court in re-
spect of any debt or liability incurred by such
member, and neither his as.ignee ii insolvency nor
a receiver duly appointed shall be entitled.to, or
have any claim on, such share or interest.
18. (1) A member of a registered society
may, by instrument in writing signed by such
Member in the presence of two attesting witnesses
and delivered at or sent to the registered office of
set off in
-. .' .. .
(2) A iominatiorn so made may be revoked or
varied by a subsequent nomination signed, attested
and delivered, or sent or made as aforesaid, or by
any similar document in the nature of a revocation
or variation signed by the nominator in the
presence of two nttesting'witnesses and delivered,
sent or made as :aoresnid, but shall not be revoca-
ble or variable by the will of the nominator or by
any codicil thereto.
-(3) The society shall keep a book wherein the
names of all persons so nominated and all revoca-
tions or variations, if any, of such nominations
'shall be recorded.
19. (1) On the death of -a member, a
registered society shall, subject to the provisions of
subsections (2) and (3) of this section -
(a) transfer to any person nominated in
aecorndance with the provisions of' section 18
of this Ordinance the property of the deceased
member or such property as may have :ccrued
thereon, comprised in the -nomination in
manner directed by th- no'minatioh, or- pay to
-every person entitled thereunder the full value
of the property given to him;
(b) transfer to the personal represents
ties of the deceased member any property of
the deceased -member in. the society;, or such
. property as may have -accrued thereon, not
omprised in any nomination, or pay to the
- : -
~ 8 ~I ` I: ` `:i .~..,
' '. '.' r
value of in-
tereat un deuth
the society during the lifetime of sach member or
made in any book'kept threat, nominate any per-
son or persons to or among whom there shall be
transferred at his death such property in the
society as.may be his at the time of his decease, or
as. rm;y have accrued thereon, whether in. shares
loans, or deposits, or so-ntuch thereoE as is specified
- 'in such nomination, if .th. nomination does not
comprise the whole:
Provided 'that no member of registered
society with share capital shall be entitled to
nominate. more than one person unless msch
member hdlds more than one share.
No. 8 of 19-8. .
No. S of 195S. Co-operalive So'ieties 4 ANTIGUA.
personal representatives the full value of such
(2) Any person entitled, under paragraph (a)
or (k') of ,ubectin (1) of this section, to receive
property or payment Iit the value thereof from a
society with unlimited liambliity my require pay-
mient bL the society of the value of such property.
(3) Any share or interest of a deceased mem-
ber I f :i .-,cierv wit l limited liability may be
transferrrul by the society t--
(a) the person entitled thereto under
inrag raph (a) o ( (b o ) of subsection (1) of this
st.ction, if such person is qualified to be a
ireml er of the society; or
(b) any other person qualified to be a
rini-mer of the society and specified, within
six )months of the death of the deceased merm-
kI-r, iu an application by the person entitled
thereto under paragraph (a) or (6) of subsec-
tion (1) of this section.
(4) All transfers and payments made by n
registered society in accordance with the provisions
of this section shall be valid iind effectuil against
any demand made upon the society by any other
.20. (1) A registered society may receive del Depoms, 1by
)osits I romn or for the benefit of minors and it shall ror on Llllelf
be hi\wfl for a registered -ociety to pay such of
minir tI l interest which may become due on sch l
deposits. Any deposit made by a minor max. ttn-
gether with the interest accrued thereon, be paid to
that minor; and any deposit made on behalf oii a
minor may, together with the interest accrued
thereon, be paid to the guardian of that minor fir
the use of the minor.
((2) TheI receipt of :ny' minor or gualrdiain for
mon1!\ pIld to him under this section lrliill bie a
sufficlcnit discharge of the liability of the society\ iu
respect of that money.
I,) Co-opter i.l 'e S.,.".itie,.
No. S of 1959.
Reinst.rof 21. An i register or list of members kept
Mumbers by any registered society shall be primni race
evidleneof any of the following particulars entered
(a) the date at which the name of any
person was entered iII such register
or list as a member;
(b) the date at which any' such person
censed to be a member.
and of entrib.
22. (1) A copy of any entry in a Iook of a
registered society regularly kept in the course of
business shall, if certified in such manner as may
be prescribed by the rules, be rec-ivted in :ny leg:l
proceeding, civil or criminal, is printm race
evidence of the existence of such entry :nd shall
be ndnmtted as evidence of the mla;itvr-., trans;:itions
and accounts therein recorded in ever\ c;ase whrie,
and to the same extent as, the original entry itself
(2) No officer of an% such society shall, in any
legal proceedings to which thhe -oc'ieL is not a !party,
be compelled to produce alln of tlihe .ocietv'S
books, the contents of whn.hi c:tn be pioved under
subsectiuon (1) of this -~crion or to appe:;r as a wit-
ne-ss to prove ;ny in ittelrs, tiansuCtlulius or accounts
therein recorded, unless the Ctuirt for special rea-
sons so directs.
(3) Every copy of by-laws or other instru-
ments or documentslti, a d every extract of an
instrument or document, hearing the sktal or
signature ,f th,- lie't istr ar, shall be received in
evidence ithoit, further proof; and every docu-
ment piirpo'tiii2 to br signed by the lReistrar
under this Orldnance shull, in the absence of any
evidence to the contrary, be received in evidence
without further proof of the signature.
PART IV--RieTS AND LIABILITIES
23. In order to be qualified for membership,
of : co-operative society a person. ,other than a
registered society, must (a) have attained the age
rf 17 y' v'irs; (b') e resident within or in occupation
of Iliid .' within the society's area of operations as
Ide cril .l hIb tile b\-laws- .
24. No member of a registered society sh;ill Melubbrs not
exert i;C rte rilght-, f a member unless or until he r tihts til
iha- nmale ir i uic pa;i menr to the society in respect of due pnvment
.uembher-hip or tac lirirl -ui-h interest in the society,
a;s Iuiv b,: prescribed by the rules or by-laws.
25. Except with rbe sanction of the Reois- Restriction
trar, tin pers.-on -hiall b6 a rienmber of mowr than of member
onei r'L CiterCd socilt\ with unlimited liability society.
w-vhose priltmarv object is to grant loans to its'
26. No member of any registered society v.-.to.j
shall \lave more than one \ote in the conduct of me-inrs
ihe :Lf:t.:ir- crf the society: Provided that in the
case ',f :n eiualiti ocf votes the Chairman shall
have :t '.i.-tiI] vote: Provided further that in the
caN- i' i':c-eties of which a registered society is a
1un:ti Ile I iit sc(.iciety mnv h-ive such voting powers
as aritP rovid-di in the Iules.
27. A regi.-terehl society which is a member Reprev.nta-
If any other re.isterred society may appoint Lany ton y
onhe .it it.- ileliberi a, its. proxy for the purpose of
voting iIn rhr- conduLt- of the affairs of suli other
28. The minority or non:ne of atny person c'-itlata't
duly a1dw- itI'i- a. ii mleber ui f mr n reg isterel society Ci tr m mHt i
6sh111l Iiit del 'tr thl person from ftxecutiring nany bwoare
iistrillient or giving uny aIcquittince neceUsetry to
be exectr'-e or given under this Ordin: nce cr the
rule-- ,'111r:11. Iprn-iIler. saind .-il al not be a ,urouind
for i,,aliititing I.'r avoiding r arty ConLract eitterel
into by ;aI' y sn .h person will the society; aiid tin
liech conit:ict entered into by any such perFon with
the. society, whether ais principal or as surety, shall
be eifIr.i-.ible at law or against such person not-
withliitaiding his minority or unonage.
29. No ineimler, other than a registered No indiidual
Ot it rt, -l:,ll ol i mori rth.int one-fifth of the shnre n' hol, rumo-
bI i ,n ..n.--fifth
iC.'a it: l (,f .1n i c)-loper.Iti\e society. infPti i a
CaJitil of any
No. 8 of 19508.'
AN'TIGUA. 12 ("'-,pealire Sief8is. 'No. 8 of 195 S.
RoitrictioDs 30. ( 1 The transfer or charge of ti- -lhare
of shrpor or interest of a member or past member or dece;a.edl
inte rct. member in the capital of : registered society shall
be subject to -uch conditions as to m1nximum hold-
ing as inma he prescribed yI, this Ordinance or by
(2) In the case of a society registered with
unlimited liability, a member shall not transfer any
share held by him or his interest in the capital of
the- society or any part thereof, unle-s-
(a) he has held -uch share or interest for
not less than one year; and
(b)' the transfer or charge i- made to the
society, or to.t niemnher of the .ocietv,
or to a person %whose application for
Imeonilership hai been accepted by
Liliiity of 31. (1) The liability of a past member for
paqt weinc.r the deits of a resist.' redl s-,cietv :is thte existed on
and -Ptarof 1
decea .l the date on which he ceIiased to be a nie'uber halll
member for not. continue for ;A period of more than two vears
ao.iety. reckoned from th.t date.
(2) The estate of.a deceased member shall not
be liable fbr the debts of the society a.; they existed
on thei date of his decease for a period of more 111:111
two years reckoned from the date of his dece ae.
PART V-PiOPEaRY AND FUNDS
OF REGISTERED SOCIETIES.
L sre ed 32. (1) .\ registered society sPhall not, P-
.ocirty. cept as provided in section 35, make any loan to any
person other than a member:
Pro ided thi'r, with the consent of the leris--
triar, i re'gisteredl society nmy make loans roanotler
(2) Except with the permnis-ion of the Regis-
trar, t1 registered i.ii'etv shall not lend monev ,n11
tlih security of any movi'able property other ithiin
produce or goods in which the sociert is ;tutlor'ised
No. 8 of 1935. Co-nperative Societies. 13 ANTIGUA.
(3) The Governor in Council may, by general
or special order, prohibit or restrict the lending .
of money on mortgage of any description of immo-
vable property by any registered society.
33. A. registered society shall receive Deposits
deposits and loans from persons who are not mem- n~d ilnns
bers only to such extent and under such conditions arepistered
as.may he prescribed by the rules or by-laws. boci!ty.
84. Save as provided in sections 32 and 33, R~trictions
the transactions of a registered society with-persons tranenhnn
other than members shall be subject to such prohi- with non-
bitions and restrictionaas may be prescribed by the
35. A registered society may invest or Investment
deposit its funds- of funds.
(a). in the Governmen:t Savings Bank, or
with an-v bank or person carrying
on the business of banking approved
for this purpose by the Registrar; or
(6) in any securities issued or guaranteed
by a Government under the British
(c) with any other registered society ap-
proved for this purpose by the
(d) in any other mode approved by the
86. (1) At least one-fourth of the net prof- Disposalof
its of ever registered society,a a ascertained by proat'.
the audit prescribed by. section 37, shall be carried.
to'a tund to be called the reserved fund, which
shall be employed as prescribed by the rules. The
remainder of such profits and any profits of past
years available for distribution may be divided
among the members by way of dividend or bonus,
or allocated to any funds constituted by the society,
to such extent or under such conditions as may be
p* prcribed by the rules or by-laws: "
Provided that in the case of a society with un-
limited liability, no distribution of profits shall be
made without the general or special order of the
Governor in Council.
14 Co-opera:ire Societies.
('2.) \ny re1 ister i so i Y. , th the
s.unction of tile lhig'itrar, ftE'r ulne-fourth of r[te
net prolits in any yenr hai- b-eni c;trriedl rt ; r:-'ve
fund, contribute an amount not excee'd i- en ici per
ceintum of thii rcnimilini u niet prfits r-;:lTiL\' Jl1.i.
table purpose or to a c(unuon- '.o'l funl.
PART VI- AUDiT. INSPECTION AND INQUnRT.
Audit. 37. (1) The Registrar sliall audit or cause
to lie audited by onme person authorised1 by him by
geener,;l or special order in writing' the accounts of
every re-istered society Iniirp at lest in ever year.
(2) The audit under sibsection (1) of this
section shall include ain e.tmination of overdue
debts, if any, and I evaluation of the assets and
liabilities of the registered society.
(3) Thle R.,ristrar and every other person ap-
pointed toaudlit the accounts of n society sihall h;ive
power when neces;arv:-
(a) to summon at the time of his audit
uny officer, agent, servant or member
of the society who he has reason to
believe cain give material information
in regar;Lr to any transan.riris o tihe
socier or t.ho mIran;j ement of its
(b) to r plure the production of any book
or document relatingr to the affairs of,
or ainy cash or securities belonging
to, the society by the officer, ag.nrt,
servant or member in ipos:es-ion of
such book, document, cash or securi-
Pow.r of 38. The Regisitrr, or any person authori-eil
RepRt ar to by general -.r special order in writing by tie Repi--
ucitinee trar shall at all times have access to all tie books,
hookA, uto. accounts, papers and securities of a retgistered
society, :niiid hall be entitled to inspect thee cash in
hand; nnd every officer of the society sb;ill furnith
such iniform;nnioni in repgrd to the transactions ;nd
working of the society as the person making such
inspection may require.
No. S of Tiu.
39. (1) The Regitrar may of his own Inquiry nnd
motion, and shall on the application of a majority insLpction.
of the committee or of not less than one-third of
the members of :a registered society, hold an inquiry
or direct snme person authorized by him by order
in writing in thi, behalf to hold an inquiry
into the constitution, working, and financial condi-
tion of a registered society; and all officers and
members of the society shall furnish such informa-
tion in regard to the affairs of the society and
produce the cash in hand mand uch books, accounts,
pipers and securities of the society as the Registrar
or the person authorized by him may require.
(2) The Registrar shall, on the application of
a creditor of the registered society, inspect or direct
some person authorized by him in writing in this
behalf to inspect the bouk-i of the society, if the
(a) proves that an ascertained sum of
money is then due to him and that
he has demanded payment thereof
and has not received satisfaction
within a reasonable time; and
(b) deposits with the Registrar such sum
as security for the costs of the pro-
poned inspection as the Registrir
(3) The Reristrar shall communicate the
results of any such inspection to the creditor and
to the society into whose affairs inquiry has been
(4) Where an inquiry is held under subsection
(1) of this section or an inspection is made under
subsection (2) of this section, the Registrar may
apportion the costs or such part of the costs, as he
ma'y think right, between the registered society,
the m-nmhers demanding an inquiry, the officers or
former officers of the society, and the creditor, if
any, on whose application the inquiry was made.
(5) Any sum nia%.rded by way of costs against
ainv society or person under this section lmay be re-
covered, on application to a Magistrate's Court
having jurisdiction in the place where the registered
No. 8 of ]9358.
ANTIGv.,. 16 Co-opprdti'e .Scieltis., No, R of 1958,
office of the society i, situated dr the pcron r-i'ieles
or carries on business for the time being, in like
manner as a fine imposed by the Court,
Dissolution, 40. (1) If the Registrar after holding an
inquiry or making an inspection under section 39
or on receipt of an application made by three-fourths
of the members of a registered society, is of opinion
that the society ought to be dissolved, he may
make an order for the cancellation of the registra.
tion of the society.
(2) Any member of a registered society may,
within two months from the date of an order under
subsection (1) of this section, appeal from such
order to the Governor in Council.
(3) Where no appeal is presented within two
months from the making of an order cancelling the
registration of a society, the order shall take effect
on the expiry of that period. Where an appeal is
presented within two month., the order hall not
take effect until it is confirmed.
(4) Where the Registrar makes an order for
the cancellation of the registration of a society
under subsection (1) of this section he may make
kluch further order as he may think fit for the cus-
tody of the books mid documents and the protection
of the assets of the society until the order cancelling
registration takes effect.
(5) No registered society shall be wound up
tave by an order of the Registrar.
Cancellation 41. The Registrar may, by order in writing,
nfor~'etra- cancel the registration of any registered society
tion of n
sonety dIu other than a society which includes among its mem-
to lack of bers one or more registered societies, if at any time
it is proved to his satisfaction thitt the number of
the members has beenl reduced to less than ten.
Every such. order shall tako effect from the
', 4. "^ '
No. 8 of 195. Co.operatlve Soretief, 17 ANTICIA.
42. Where the registration of a society is Effeotof
cancelled by an order under section 40 or under ofneiti."
section 41 the society shall cease to exist as acorpo. tion.
rate body from the date on which the order takes
effect, hereinafter referred to as the date of dissolu.
Provided that any privileges conferred on the
society by or under sections 15, 10, 17, IS and
19 shill be deemed to be vested in any liquidator
appointed for that society by the Registrar.
43. Where the registration of a society is Liquidation
cancelle1 under section 40 or section 41 the Revis- lation o
trar may appoint one or more persons to be, subject r.'iration
to his direction and control, the liquidntor or liqui- cit.
dators of the society.
44. (1) A liquidator appointed under Liquidator's
section 43 shall, nlject to the guidance and control P r".
of the Registrar and to any limitations imposed by
the Registrar by order under section 45, ha% e power
(a) determine from time to time the
contribution to be made by members and past
members and by the estates of deceased mem-
bers of the society respectively to its assets;
(b) appoint a day by notice before which
creditors whose claims are not already recorded
in the books of the society sha:ill state their
claims for admission or be excluded from any
distribution made before they have proved
(c) decide any question of priority which
arises between creditors;
(d) refer disputes toarbitrntion and insti-
tute and defend suits and other legaIl proceed-
ings on behalf of the society by .his nurme or
(e) decide by what persons and in what
proportions the costs of liquidation are to be
(/) give such directions in regard to the
collection and distribution of assets as ma\y hbe
necessary in the course of winding up tho
ANTIGUA. 18 Co-operaihre Societies. No. 8 of 1958.
(g) compromise any claim by or against
the society provided the sanction of the Regis.
trar has first been obtained;
(h) call such general meetings of mem-
hers as may be necessary for the proper con-
duct of the liquidation:
(i) take possession of the books, docu-
ments and assets of the society:
(j) sell the property of the society;
(A-) carry on the business of the society so
far as may be necessary for winding it up
beneficially: Provided that nothing herein
contained shall entitle the liquidator of a credit
society to issue any loan; and
(1) arrange for the distribution of the
assets of the society in a convenient manner
when a scheme of distribution has been ap-
proved by the Registrar.
(2) Subject to such rules as may be made in 4
this behalf, any liquidator appointed under this Or-
dinance shall in so far as such powers are necessary
for carrying out the purposes of this section, have
power to summon and enforce the attendance of
parties and witnesses and to compel the production
of documents by the same means tndl (so far as
may be) in the manner as is provided in the case of
a Civil Court.
Powr of 45. A liquidator shall exercise his powers
control subject to the control and revision of the Registrar,
liquidation. who may:-
(a) rescind or vary any order made by a
liquidator and make whatever new order is
(b) remove a liquidator from office;
(c) call for all books, documents and
assets of the society;
(d) by order in writing limit the powers
of a liquidator under section 44;
(e) require accounts to be rendered to him
by the liquidator;
.Ao. S ol 1958. Co-operative Societies. 19 ANTIGUA.
(. ) procure the auditing of the liquida-
tor's accounts and authorise the distribution of
the assets of tie society;
(y) make an order for the remuneration
of the liquidator; or
(h) refer any subject of dispute between
; liquidator and any third party to arbitration
if that party shall have consented in writing
to he bound by the decision of the arbitrator.
46. (1) The decision of an arbitrator on any Enforcement
matter referred to him under section 45 shall be of order.
binding upon the parties, and shall be enforceable
in like manner as an order made by the Registrar
under that section.
(2) An order made by a liquidator or by the
Registrnir under section 44 or section 15 shall be
enforced by a:n civil court having jurisdiction over
the place where the registered office of the society
is situated in like manner as a decree of that court.
47. Save in so far as is hereinbefore express- Limitation
y I provided, no civil court shall have any jurisdic- of the juris-
lion in respect of any matter concerned with the the civil
dissolution of a registered society under this Ordi- court.
48. (1) In the liquidation of a society whose closure uf
registration has been cancelled, the funds, including liquidation.
the reserve fund shall be applied first to the costs
of liquidation, then to the discharge of the lialili-
ties of the society, then to the payment t.f the
share capital and then, provided the by-laws of the
society permit, to the payment of a dividend at a
rate not exceeding ten per centum per annum for
any period for which no disposal of profits was
(2) When the liquidation of a society has been
closed- and any creditor of that society has not
claimed or received what is due to him under the
scheme of distribution, notice of the closing of the
liquidation shall be published in the Gazette; and,
all claims against the fund., of the society liquidated
shall be barrel when two years have elapsed
from the date of the publication of the Gazette
X0o. 8 of J9A.
(3) Any surplus remaining after the applica-
tion of the funds to the purposes specified in sub-
section (1) of this section and the payment of any
claims for which an action is instituted under sub-
section (2) of this section shall be available for use
by the Registrar for any co-operative purpose at
PART VIII-SURCHARGE AND ATTACHMENT.
49. (1) Where, in the course of the winding
up of a registered society it appears that any person
who has taken part in the organisation or imanage-
mnent of such society or any past or present officer
of the society has misapplied or retained or become
liable or accountable for any money or property of
such society or has been guilty of misfeasance or
breach of trust in relation to such society, the Regis-
trar may, on the application of the liquidator or of
any creditor or contributory, examine into the con-
duct of such person and make an order requiring
him to repay or restore the money or property or
any part thereof with interest at such rate as the
Registrar thinks juat or to contribute such sum to
the assets of such society by way of compensation
in regard to the minspplication, retainer, dishonesty
or breach of trust as the Registrar thinks just.
:", :.. "
... .; : .:: ,:;
(2) This section shall.apply notwithstanding
at the act is one for which the offender may be
50. Any person aggrieved by any order of
e Registrar made under section 49 may appeal
the Governor in Council within twenty-one dRys
om the date of such order and the decision of the
governor in Council shall be final and conclusive.
51. (1) If any dispute touching the
siness of a registered society arises:-
(a) among members, past members and
persons claiming through members, past
members and deceased members; or
(b) between a member, past member, or
person claiming through a member, past
". -.. . 7
.~- . ... .. .. ,. .
of a regis-
No. S of 1959 Co-operative Societies. 21 ANTIGUA.
inembr or deceased member, and the society,
its committee, or any officer of the society; or
(-) between the society or its committee
and any officer of the society; or
(d) between the society and any other
such dispute shall be referred to the Registrar for
A eli-un by a registered society for any debt.
or delmaiI lue to it from a member, past member
or the nominee, legal representative or other person
taking hold of the assets of a deceased member,
shall be deemed to be a dispute touching the
business of the society within the meaning of this
(') The Registrar may, on receipt of a refer-
Once nzIliIdr tinbtection (1) of this section:-
(,i) decide the dispute himself; or
Sb) refer it for disposal to an arbitrator
(3) Any party aggrieved by the award of the
arbit'atorr or arbitrators miay appeal tlhereFrom to
the Re.,istrar within such period and in such
manner as may he prescribed.
S(-1) A decision of the Registrar under sub-
section (2 of this section or an appeal under
subs,-ctioi (3) of this section shall be final and
shall nor be called in question in any civil court.
(.i) The award of the arbitrator or arbitrantors
under subsection (2) of this section shall, if n,
appeal is preferred to the Registrar under subsec-
tion (3) thereof, or if any such appeal is :hnndoned
or withdrawn, be tinal and shall not be calle-d in
question in any civil court and.shall be enforced in
the s:mne manner as if the award had been a
judgment of a civil court.
52. ( I ) Notwithlt:unding anything coittilnedl Ca,e statedd
in thel last lor,-oing s section, the Registrar at any on inrtn
tinm i nierm proceeding .to a decision under this ,fl1".
B'TIGUA. 922 o-operatire Societies. No. S of 108.
Ordinance, or the Governor-in Council. at ariv time
when an appeal has been preferred to him against
'.' any decision of the Registrar under this Ordinance,
:may refer any question of law arising out of such
decision for the opinion of the Supreme Court.
.. ....- -
(2) Any judge, or judges of the Supreme
:. Court as the Chief Justice may direct, may Ma
.consider and determine any question of law so '
Referred and the opinion given on. such question '
shall be final and conclusive.
Rulea. 83. (1) The Governor in Council may make
all such rules as may be necessary for the purpose
of carrying out or giving effect to the principles
and provisions of this Ordinance.
; (2) In particular and without prejudice to
the generality of the power conferred by subsection
S(1) of this section, such rules may:--
S(a) prescribe the forms to be used and
the conditions to be complied with in apply -
,. ing for the registration of a society -and tihe
Procedure in the matter of such applications;
(b) prescribe the conditions to he corn-
plied with by persons applying for -admission
or admitted as members, and provide for the
election and admission of members from time
to. time, and.the payment to be made and
-: interest to be acquired before exercising rights "
(c) subject to the provisions of section .
29, prescribe the maximum number of shares
or portion of the capital of a registered society .
which. may be held by a member;
S (d) prescribe the extent to which a regis-
tered society may -limit the number of its
(e) provide for the withdrawal and
S expulsion of members and for the payments
to be made to members who withdraw or are -'
expelled, and for- the liabilities of past I'
". ..*.. -. . .. . ." .-. . -S ,,'
7 A r.A.
.' o, ':. -" 1 ... ... "" - L- I gII.~j.'. t '
No. 8 of 1958.
(f) provide for general meetings of the
members and for the procedure at such meet-
ings and the powers to be exercised by such
(9) provide for the appointment, sus-
pension and removal of the members of the
committee and other officers and for the pro-
cedure at meetings of the committee, and for
the powers to be exercised and the duties to
be performed by the committee and other
(h) prescribe the matters in respect of
which a society may or shall make by-laws
and for the procedure to be followed in
making, altering and rescinding by-laws, and
the conditions to be satisfied prior to such
making, alteration or rescission;
(i) regulate the manner in which funds
may be raised by means of shares or deben-
tures or otherwise;
()) prescribe the conditions to be ob-
served by a registered society applying for
financial assistance from Government;
(k) prescribe the payments to be made,
-the conditions to be complied with, and the
forms of the bonds, instruments or other
documents to be executed, by members apply-
ing for loans or cash credits, the period for
which loans may he made or credits granted,
and the maximum amount which may be lent
and the maximum credit which may be
allowed to individual members with or with-
out the consent of the Registrar;
(1) provide for the mode in which the
value of a deceased member's interest shall be
ascertained, and for the nomination of a per-
son to whom such interest may be paid or
(m) provide for the mode in which the
value of the interest of a member who has
become of unsound mind and incapable of
managing himself or his aiffairb shall be ascer-
tained and for the nomination of any person
to whom such interest may be pail or trans.
(n) provide for the formation and the
maintenance of reserve funds, and the objects
to which such funds may be applied, and for
the investment of any funds under the control
of any registered society;
(o) prescribe the conditions under which
profits may be distributed to the members of
a society with unlimited liability and the
maximum rate of dividend which may be
paid by societies;
(p) prescribe the accounts and books to
be kept by a registered society, and for the
periodical publication of a balance sheet show-
ing the assets and liabilities of a registered
(q) provide for the audit of the accounts
of registered societies and for the charges, if
any, to be made for such audit and provide
for the levy contributions from all or any
registered societies to a fund to he used for
the audit and supervision of existing societies
and co-operative propaganda and prescribefor
the administration of such a fund;
(r) prescribe the returns to be submitted
by registered societies to the Registrar, and the
persons by whom and the form in which the
same are to be made;
(s) provide for the persons by whom,
and the form in which, copies of entries in
books of registered societies may be certified;
(t) provide for the formation and rmain-
tenance of a register of members, and, where
the liability of members is limited by shares,
of a register of shares;
(u) provide for the inspection of docu-
ments'and registers at the Registrar's Office
and the fees to be paid therefore and for the issue
of copies of such documents or registers;
No. S of 1958,
No. of 19.58. Co-operative Sucieties. 25 ANTIGUA.
(') prescribe the manner in which any
question ;s to the breach of any by-law or
contract relating to the disposal of produce to
or through a society, may be determined, and
thi manner in which the liquidated damages
for mny such breach may be ascertained or
(w) prescribe the mode of appointing an
arbitrator or arbitrators and the procedure to
be followed in proceedings before the Registrar
or such arbitrator or arbitrators:
(.r) prescribe the procedure to he followed
by a liquidator appointed under section -3
and the cases in which appeals shall lie from
the orders of such liquidator;
(y) prescribe the forms to be used, the
fees to be paid, the procedure to be observed
and all other matters connected with or
incidental to the presentation, hearing and
disposal of appeals under this Ordinance or
64. (1) All sums due from a registered Racovery of
Isum due to
society or from an officer or member or past Government.
member of a registered society as such to the
Government may be recovered in the manner pro-
vided for the recovery of debts due to the Govern-
ment under the. law for the time being in force.
(2) Sums due from a, registered society to the
Government and recoverable under section (1) of
this section may be recovered first, from the
property of the society; secondly, in the case of a
society of which the liability of members is limited,
from the members subject to the limit of their
liability: and thirdly, in the case of other societies
froin the members.
55. Notwithstanding anything contained in Specialpowara
"'.:1 of Govornor in
this Ordinance the Governor in Council ma y by Cunil to
special order in enclh ,ase and ,subject to such r-xempt any
o F.O-* TI fromI
vonditKins as he may inmpl se, exempt ainy society requir,,ermts
from ;n\v of reqiilreinenl.- of this ( irlinance as to ar to relstra-
56. The Govt rnor in Council mray by
general or special ordtr exempt any registered
society or cILasI oft s'icities f'om any of the provi-
sions of this .)rdliinance, or may direct that such
provisions shall alply tit :ianv -ocierv or cl;iss of
societies with effect fromt such date or with such
modifications as may be specified in the order.
of (lorernor in
Council to ix-
and regrit r-
(1) The Governor in Council by notifi-
the 6aft:'lte main, in the case of any
sncietv ur class of registered societies,
th u i- '*t tih
S ope rat iv--'.
(a) the stamp duty with which, under
any law for the time being in force, instru-
ments executedll by or in behalf of a registered
society, or by an officer or member, and
relating to the business of such society, or any
class of such instruments are respectively
(b) any fee payable under the law of
registration for the time being in force.
(2) A notification exempting any registered
society from the fees referred to in paragraph (/,)
of subsection (1) of this section may provide for
the withdrawal of such exemption.
58. (I) No person other than a registered
socijttv .,hill trade _or carrv il busill'.,i nider IInii'
name ,or title o:f \which the word co,-operative is
part % irhoiit the sanction of the Governor in
('onncil: Pro,,vided th tr. nothing in this section ;hlll
appl)lv to the use by any' person or his siie'essor in
interest of a:n- n:ame or title under which he traded
or carrie.l on buiinjess at the commencement of this
-2) Any person who contravenes the provi-
si,,ns of this section shall be guilty of an offence
arnl shall lbe liable on summary conviction to a fine
not exceeding twenty-four dollars, and in the cae
ANTiO UA. 2G
No. s of 1958,
of a continuing offence to a further fine not exceed-
ing four dollars and eighty cents for each day
during which the offence continues.
59. (1) (a) Any registered society or an
officer or a member thereof, wilfully neglecting or
refusing to do any act or to furnish any informa-
tion required for the purposes of this Ordinance by
the Registrar or other person duly authorised by
him in this behalf;-or
(6) any person wilfully or without any
reasonable excuse disobeying any summons, requi-
sition or lawful written order issued under the
provisions of this Ordinance, or failing to furnish
any information lawfully required from him by a
person authorized to do so under the provisions of
shall be guilty of an offence under this Ordinance.
(2) Every offence referred to in subsection
(1) of this section shall on summary conviction be
punishable with a fine not exceeding two hundred
and forty dollars.
60. If any person obtains possession by
false representation or imposition of any property
of a registered society, or having the same in his
possession withholds or misapplies the same, or
wilfully applies any part thereof to purposes other
than those expressed or directed in the rules of the
society, and authorised by this Ordinance, he shall,
on the complaint of the society, or of any member
authorised by the society, or the committee thereof,
or of tihe Registrar, be liable on summary convic-
tion to a fine not exceeding two hundred and forty
dollars, and to be ordered to deliver up all such
property or to repay all moneys applied improperly,
and, in default of such delivery or repayment or of
the payment of such fine, to be imprisoned for a
term not exceeding six months; but nothing iu this
section shall prevent any such person from being
proceeded against by way of indictment, if not
previously convicted of the same offence under this
of fraud or
No. 8 of 1958.
t I-nperalti'e Slioict;es.
No. S of 1958.
Commence- 61. Thi.i Ordinance shall come into opera-
ment. tion on such date as the Governor by proclamation
published in the Gazette shall appoinr.
W. E. JACOBS,
Passed the Legislative Council this 11th day
of April, 1958.
F. A. CLARKE,
Clerk 'f the Council.
Printed at the Grn, rnmilnt Priiiting, Office, Antigna, Leeward .iriis,.,
by EauL Pinor,, GovCi inent Printer-- y A.uthulty..
I p i'e 64 cnite.
No.-Jl of 1958.
Title by Registration Act
A. T. V1ILLIAMS,
21st August, 1958.
No. 11 of 1958.
An Ordinance to amend further the Title by
[21st August, 1058.]
ENACTED by the Legislature of the Colony
1. This Ordinance may be cited as the Title
by Regi.-tration Act (Amendinent) Ordinance, 1958,
Sand shall be read as one with the Title by Registra-
tion Act, as amended, hereinufter called the Principal
2. For the Fourth Schedule to the Principal
Act the following shall be substituted:-
Cr.p. 9; .\ct
S.R. & .
195i No. 22.
Title ly Reg;stratinn Act
No, 1 of 19.S,
On every request for the i~sut of aL
where the valne of the land-
does not exceed $2401
exceeds $240 and does not
,, $720 ,, ,, ,,
,, $1441) ,, ,, ,,
,, l $28 0 ,, ,, ,,
On every memorandum of transfer of land:-
where the value of the land-
does not exceed $1200
exceeds $1200 and does not exceed $2400
,, $2400 ,, ,, $4800
On every request, on transmission, for a new
certificate of title:-.
the same fee as on a memorandum of
On every certificate of title (except as pro-
vided in section 7 of this Act):-
the fee of one halfpenny in the pound
provided by section 18 of this Act.
On every memorandum of mortgage:-
where the amount of the mortgage-
does not exceed "$480
exceeds $480 rind does not exceed $1200
,, $1200 ,, ,, ,, ,, $2400
,, $2400 ,, ,, ,, $4800
On every transfer or discharge of a mortgage:-
one half the fee piMyalile on a memorandum
On every memorandum of incumbrance; and on
every transfer or discharge of an incumbrance;-
No, 11 of 1958, Title by Registration Act 3 ANTIcGA.
(A. amendment .
the same fees, respectively, as on I ulemnorandurn
of mortgage, and on a transfer or discharge of
N. B. The value of the incumbrance is to
be calculated as provided in the case of
incumbrances in the Fifth Schedule.
On every memorandum of lease;-
where the rent-
does not exceed $240 .45
exceeds $210 and does not excc,:d $4SO 1.20
;, $480 2.50
On every request for the transfer or cancella-
tion of a lease:-
the same fees as on a memorandum of Inse.
On every caveat, other than a caveat under
section 74 of this Act 1.20
On every caveat of seizure 2.50
On every order of removal, or withdrawal, of
a caveat 1.20
On every claim, under section 163 of this Act,
for the decision or direction of the Full
On every power of attorney for the purposes of
this Act 2.50
On every certificate of closing of registration 4.32
On every search under one name .86
On every general search + 2.50
On every certified copy of any document:-
if it does not exceed 5 folios 1.20
if it exceeds 5 folios, then for the
first 5 folios 1.20
and for every folio exceeding the first five .20
N. B. A folio is to be reckoned at 72 words.
An inconiplete folio is to be reckoned
la a folio.
On publication of application for certificate of title:
the cost of such publication (section 1 2)
On registration of an order winder section 109
of this Act:--
the same fee as on a memorandum of mortgage.
In every registry a search book shall be kept, in which the prr-
son making the search shall enter anml sign a memorandum of the search;
and afTix thereto the proper stamp.
* .. ... -' .
ANrTlo A. 4 Tit,, ly it',..slritt n A .ct No. 11 of 1955.
On every request, under section 63 of this Act,
in respect of an equitable mortgage:-
the same fee as on :i memorandum of mortgi'ge.
On every scheme of division:-
where the sale price-
does not exceed $720 .86
exceeds $,720 and does not exceed $1440 2.50
$1-40 ,, ,, ,, ,, $2880 4.32
,,9 $2p .S 9 i., ..4.0 13.00
,, $-P0S(O, ,,,, '$14400 26.00
,, $14-00 43.20
On every crop advance warrant:-
where the sum lent-
does not exceed $480 .45
exceeds $480 and does not exceed S1440 .86
,, $14-140 ., $2880 2.50
$2,86. ,. .. 84800 4.32
$, $40 ,4.64
On every transfer of a crop, advance warrant .45
On every execution under a crop advance warrant 1.20."
W. E. JACOBS, B
Passed the Legislative Council this 18th duv of July,
F. A. CLARKE,
Clerk of the Council.
Printed ait the Gnvernrr.et Printrrii I.lhbi.0 Antigua, Leewanrd L.lnn.lt,
by EARlL I'lonir, Government Printer.-By Anth,,rity.
A. 47/180-530- 9.58.
Prion 11 cents,
City Rat(.4 Amendment).
A. T. WILLIAMS,
21st August, 195S,
No. 12 of 1958.
An Ordinance to amend the City Rate (Amend-
ment) Ordinance, 1956.
[21st August, 1958]
ENACTED by the Legislature of the Colony
1. This Ordinance may be cited ns the City Sbort title.
Rate (Amendment) Ordinance, 1938.
2. Sections 2 and 7 of the City Rate
(Amendment) Ordin;nce, 1956, are hereby
amended as follows:--
(a) by deleting from section 2 the words
and figure "or in any Order made under sec-
lion 7 of this Ordinance occurring in the
definition of the expression city ";' and
(b) by substituting the words "to the
Principal Ordinance for the words to this
Ordinance occurring in section 7,
i tnd 7 of the
'J19r,, No 38 of
No, 12 of 1058.
A qTIGVA. 2 Oiy ?Ralt (Amendment).
Com men ce-
Printed at the Governmant Pritintg Office, Antigui, Leewnrd 1alanda,
by EARL PIOOTT. Government Printer.-By Authority.
PnIre 7 vents,
3. This Ordinance shall be deemed to have
come into operation on the tirst day of January,
W. E. JACOBS,
Passed the Legislative Council this 18th day
of July, 1958.
F. A. CLARKE,
Clerk of the Council.
NO. 12 of 195S.
STATUTORY RULES AND ORDERS.
1958, No. 27.
THE MONTTERRAT TELECOMMUNICATIONS LICENCESS AND FEES)
ORDER, 1958, DATED JULY 24, 1958, MADE BY THF G OV-
FRNOR IN COUNCIL BY \VIITUE OF SECTION 6 OF THE TELE-
CONMMUNICATIONS ACT, 1949 (No. 13/1949).
1. Citation and Application. This Order may be
cited as the Montserrat Telecommunications (Licences and Fees)
2. Interpretation. In this Order-
initial charge means the fee chargeable, in addition to
the annual licence fee and the transfer charge, in respect
of a station when licensed for the first time;
licence means a licence granted under section 6 of the
Telecommunications Act, 1949;
"transfer charge" means the additional fee chargeable
when the power of the transmitter at a station is in-
creased beyond the maximum of the category within
which it was originally licensed.
3. Period and Expiration of Licences. Appli-
cations for licences and renewals thereof shall be made in the
month of January in each year and every such licence or renewal
shall expire on the 31st day of December in the year in which
it is taken out.
4. Fees for Licences. (1) There shall be paid to
the Treasurer of the Colony for every licence and for every re-
newal thereof, as the case may be, the fees ind charges specified
in the Schedule to this Order.
(2) If a licence is taken out not more than six months
before the 31st day of December of any year one-half only of
the appropriate fee specified in the said Scheduleshall be payable.
5. Amateur Licences charged on Power. The
licence fee and charges in re.-!ect of an Amateur Telecommuni-
cations Station shall be chargeable according to the power
allocated to the transmitter at such station at the time of the
granting of a licence or of transfer to a higher power.
6. Commencement. This Order shall come, into
force on the 1st day of January, 1959.
Made by the Governor in Council this 24th day of July,
GEORGE R. E. CABEY.
Clerk of the Council.
LICENCE FEES AND CHARGES.
1. FOR AN AMATEUR TELECOMMUNICATIONS STATION LICENCE:-
Power Initial Transfer
(i) 1-10 watts- 2.40 4.80
(ii) 10-25 watts .. 4.80 2.40 7.20
(iii) 25 watts-1 kilowatt 4 80 2.40 9.60
2. FOR AN AERONAUTICAL TELECOMMUNICATIONS
LICENCE (RADIO TELEPHONE) 7.00
3. (i) FOR A MARINE TELECOMMUNICATIONS OPERAT-
INo LICENCE. (A) General (Radio Telephone) 4.80
(ii) FOR A MARINE TELECOMMUNICATIONS OPERATING
LICENCE. (B) Restricted (Radio Telephone) 2.40
4. FOR A SHIP RADIO CtOMMUNICATION LICENCE 12.00
5. FOR A MARINE RADIO TELEGRAPH OPERATING
(i) First Class .... 7.20
(ii) Second Class .... 4.80
(iii) Special Class .... 2.40
S. -. .-
V. FOR A TELECOMMTNICATITFNS BROADCASTING
(i) General 96.00
(ii) For Broadcasting a special event or series of events 10.00
7. FOK A TELECOMMUNICATIONS (RECEIVING SET) .50
8. FOR A DEALER'S LICENCE 2.50
PIrinted at the Govemiment Pnnting Offie, Antigua. Leeward Ilanrls.
hy EI\L PiGnir. Onvf-rnment Print-ir.-By Authority.
520-9.58. Price 9 centI
STATUTORY RULES AND ORDERS.
1958, No. 33.
THE CONSULAR CONVENTIONS (ITALIAN REPUBLIC) ORDER, 1958,
DATED 22ND AUGUST, 19.58, MADE BY THE GOVERNHRK IN
COUNCIL UNDER SECTION 6 OF THE CONSULAR CONVENTIONb
AcT, 1950 (No. 8 of 1950).
1. Short Title. This Order may be cited as the Con-
sular Conventions ([talian Republic) Order, 193fs.
2. Application to the Italian Republic. Sec-
Stions 2 and 4 of the Consular Conventions Act, 1950, shall
apply to the.,talian Republic.
Made by the Governor
in Council this 22nd day of
V% S. II. DYETT,
Ag. t'lir of the < 'oluned.
Printea at tu Uovernmment Printing Office, A tigus, Leeward Islands.
by EARL PloorT, Acting Government Printer.-By Authority.
:.IVL t. N I 1- o3TLj IT 1 I I
STATUTORY RULES AND ORDERS. .
:' 1958, No. 34.- ,
,',r : : "* ;.,- "
THE CONSULAR CONVENTIONS (FEDERAL REPUBLIC OF GERMANY) ":
"' ORDEH, 1958, DATED 22ND AUGUST, 1958, MADE BY THE
:GOVERNOR IN COUNCIL UNDER SECTION I OF T-HE CONSULAR
CONVENTIONS ACT, 1950(No. 8 of 1950).
1.' Short Title. This Order may be cited as the Consu-
.lar Conventions (Federal Republic of Germany) Order, 1958.
2. Application to the Federal Republic of
Germany. Sections 2 and 4 of the Consular Cunventions
Act, 1950, sh;tl apply r.o the Federal RIepublic of Germany.
Made by the Governor in Coun6il this 22nd da' of
SAugust, 1958. .
S. V. S..R. DYITT,
Clerk of the Council.
, ': '" .. -:'*
tPrie at the Gornment Printing Ofioe, Antigua. Loeward WIland
-- by EBR, PIOoTT, Government Printer -By Athorit
S.9100007I-500-9.58 Pice 5 cas.
':.-"- t i. ..; ..4',& "
1^ -i . *
t;e+ ge+ :, :.:5
TEE BELLE VUE PROTOECTED
JUNE 26, 1958, MADE B
UNDER SECTION 3 OF THE
SERVATION OF SOIL AN
1. Citation. This Or
Protected Areas Order, 1958.
2. Protected Areas
areas described in the Schedule
S for the purposes of the Protect
Suil and Water Ordinance, 195
L Made by the Governor
All that a r ea of
island of- Tortola and
On the North by an
concrete pillar herein
Concrete Pillar" at
direction to a-gut kn
to a mango tree here
Western Mango Tree
been fixed in the gr
road leading to Belle
that is to say, by an
to a torch tree, near
fixed in the ground,
a concrete pillar, the
another concrete pill
" Southern Coucreti
.ES AND ORDERS
AREAS ORDER, 1958, DATED
!Y THE GOVERNOR IN COUNCIL ,
PRO;C'TION OF TiElE.S AND CON- --
D WATER ORDINANCE, (NO. 8
der may be cited as the Belle Vue
It is hereby declared that.:the
hereto shall be protected areas
ion of Trees and Conservation of
4 (No. 8 of 1954).
in Council this 20th dla of
B. A BBOTT,
C7lrk of the Council.
land situated Belle Vue in the
bounded as follows:- .
imaginary line running from :L
ifter referred to as the" Northern
t the eastern side in a westerly
own as Belle Vue gut.", thence
inafter referred to as the North- .
near to which a steel stake has
round; on the West by a public
Vue and demarcated as follows
imaginary line running from the
go Tree ii a southerly direction -
to which a steel stake has been
thence in an easterly direction to
ence in a southerly direction to :'.i.
ar hereinafter referred to as: the
e Pillar-" on the South by anl
." . f :'' .:
,: '"" *** .:: ..' -:::. ;.. :.,.." :" -:, ;, *.'..' ".: '".. ^ ':. ;v:i : ?: ..... .: II I.^ a. ^' ^ -; -' ; ;. ... . .
'. ".:" -,- : .. .'
imaginary line running from a mango tree hereinafter
referred to as the Southern-Eastern Mango Tree "
a". t the eastern side, near to which a steel stake has
been fixed in the ground, in a westerly direction
to the Southern Concrete Pillar; and on the East by
uan imaginary line running from the Northern Concrete
Pillar in a southerly direction to a mapoo tree, near
to which a steel stake has been fixed in the ground,
thence in a south-easterly direction to another manpoo
tree, near to which a steel stake has been fixed in the
ground, thence to the Southern Mango Tree.
(ii) All that area of land situated Belle Vue in the
island of Tortola known as Morning Rose Spring "
and bounded as follows:-
On the North by an imaginary line running from :i
pear tree hereinafter referred to as the Pear Tree "
at the western side, near to which a steel stake has
been fixed in the ground, in an easterly direction to a
manpoo tree hereinafter referred to as the l Mpoo
: ,Tree ", near to which a steel stake h:as been fixed in
the ground; on the West by an imaginary line running
from the Pear Tree in a southerly direction to a mast-
wood tree hereinafter referred to as the Mastiwood
Tree", near to which a steel stake has been fixed in
the ground; on the South by an imaginary line run-
ning from a fiddle wood tree hereinafter referred to as
the Fiddle Wood Tree at the eastern side, near to
which a steel stake has been fixed in-the ground, in a
Se esterl v direction to the Masiwood Tree; and on
the East hvy n imaginarv line running from the Mapoo
Tree in a southerly direction to the Fiddle Wood Tree.
Printed lit the Goverument Printing Offiae AntiiIln, Lee:.vnd trla ,.I .
by EA IL PaoorTr overnmeut Printer.-by Autho;,iy.
fe 1^8 f. ".