Citation
Leeward Islands gazette

Material Information

Title:
Leeward Islands gazette
Creator:
Leeward Islands (West Indies)
Place of Publication:
[Antigua
Publisher:
Gov. Printing Office]
Publication Date:
Language:
English
Physical Description:
reels. : ;

Subjects

Subjects / Keywords:
Politics and government -- Periodicals -- Leeward Islands (West Indies) ( lcsh )
Genre:
serial ( sobekcm )
periodical ( marcgt )

Notes

Dates or Sequential Designation:
1- , 1872-
General Note:
Two pages per frame.
General Note:
Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.

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Source Institution:
University of Florida
Holding Location:
University of Florida
Rights Management:
This item is presumed to be in the public domain. The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions may require permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact Digital Services (UFDC@uflib.ufl.edu) with any additional information they can provide.
Resource Identifier:
001724221 ( ALEPH )
AJD6739 ( NOTIS )

Related Items

Succeeded by:
Antigua, Montserrat and Virgin Islands gazette

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Full Text
VOL. LXXXII.

171

THE LEEWARD ISLANDS

GAZETTE.
Published by Authority.

THURSDAY, 9TH SEPTEMBER, 1954.

No. 438.







Notices.

BY THE GOVERNOR OF THE
LEEWARD ISLANDS.

A PROCLAMATION. -

P. D. MACDONALD,
Acting Governor

Public Holidays Act, 1954, it is
vided that the suid Act shall
into operation on aday to be ap
ed by the Governor by proclam
published in the Gazette.

NOW, THEREFORE, I, Parrich
DONALD MACDONALD, a Companion
of the Most Distinguished Order of
Saint Michael and Saint George, Act-
ing Governor and Commander in
Chief in and over the Colony of the
Leeward Islands and Vice Admiral of
the same, do by this my proclamation
declare that the said Act shall come
into operation on the 10th day of
September, 1954.

AND all Her Majesty’s loving sub-
jects in the said Colony and all others
whom it may concern are hereby re-
quired to take due notice hereof and
give their ready obedience accord-
ingly.

GIVEN at the Government House,
Antigua, this 2nd day of Sep-
tember, 1954, and in the third
year of Her Majesty’s reign.

GOD SAVE THE QUEEN!

BY THE GOVERNOR OF THE
LEEWARD ISLANDS.

: A PROCLAMATION.

P. D. MACDONALD,
Acting Governor.

WHEREAS by section 20 of the
Forgery Act, 1954, it is provided that
the said Act shall come into operation
on a day to be fixed by the Governor
by proclamation published in the
Gaeette.

NOW, THEREFORE, I, PATRICK
DONALD MACDONALD, a Companion
of the Most Distinguished Order of
Saint Michael and Saint George, Act-
ing Governor and Commander in
Chief in and over the Colony of the
Leeward Islands and Vice Admiral of

329.7297
4 of E7&










the same, do by this my proclama-
tion declare that the said Act shall
come into operation on the 10th day
of Sepiember, 1954.

AND all Her Majesty’s loving sub-
jects in the said Colony and all others
whom it may concern are hereby re-
quired to take due notice hereof and
Wai ready obedience accord-

ase aes

Government House,
is 2nd day of Sep-



@fied for general informa-
hat Mr. REGINALD &.
KAZANJIAN has been appointed Con-
sul of the United States at Barbados
with jurisdiction incinding the
Leeward Islands. : =

The Exequatur empowering Mr.
KAZANJIAN to act in the above
mentioned capacity received Her
Majesty’s signature on the 30th July,
1954.

The Secretariat,
Antigua.

3rd Septemler, 1954.

Ref. No. 19/00009,

It is hereby notified for general
information that the tender for the
supply of an additional quantity of
5000 half bags of flour for the period
August to October, 1954, has been
awarded to Messrs. 8S. R. MENDES,
Ltd., Local Agents for Messrs.
WOODVILLE & Co. (Can.) Ltd. Mon-
treal, Canada at a price of $4.70

{Canadian Currency) C.I.F. Antigua

per bag of 100 Ib.

Administrator’s Office,
Antigua.
1st September, 1954.

Ref. No. A. 40/18.



No. 82.

The following Ordinances are cir-
culated with this Gazette and form
part thereof :—-

Montserrat.

No. 11 of 1954, “The Hotels Aid
Ordinance, 1954.”
9 pp. Price 11 cents.

No. 12 of 1954, **The Crown Pro-
ceedings Ordinance, 154.”
26 pp. Price 28 cents.

Registrar General's Office,
St. John’s, Antigua.
28th August, 1954.

In accordance with the provisions
of Section 16 of the Marriage Ordi-
nance, 1923, the following Building
has been registered in the Presidency
of Antigua as a Building where
Banns of Marriaga may be publish-
ed :—

Kingdom Hall of Jehovah Wit-
nesses at Market Street, St. John’s.

J. D. B. RENWICK.
Ag. Registrar-General



In the Supreme Court of the
Windward Islands and
Leeward Islands.

ANTIGUA CIRCUIT.

NOTICE IS HEREBY GIVEN that
in pursuance of Rules made by the
Chief Justice under section 16 of the
Windward Islands and Leeward Is-
lands Courts Order in Council, 1939,
on the 24th day of September, 1941,
as amended, the Honourable the Act-
ing Chief Justice selected for the
sitting of the Court in the Antigua
Circnit has appointed the undermen-
tioned day on which the ensuing
Circuit shall sit in the Presidency,
that is to say:—





On Monday the 4th day of October,
1954, at 10 o’clock in the forenoon.

Dated the 7th day of September,
1954.
J. D. B. RENWICK,
Ag. Registrar, Antigua Ciroutt.



LEEWARD ISLANDS

The Patents Act, 1906, Cap.
14'7, Federal Act.

Acceptance of Complete Specification.

In the matter of an applica-
tion by Mathieson Chemical
Corporation, of Ten Light
Street, Baltimore 3 State of
Maryland, United States of
America, for Letters Patent
for an Invention for ‘‘Im-
provement relating to skin-
protective lotions. ”



THE

Notice is herehy given that the
Complete Svecitication left with the
above application on the 18th day of
August, 1954, has been accepted and
that the said application and specifi-
cation will be open to public inspec-
tion at any time between the hours of
10 am. and 4 p.m. on all’ working
days except Thursdays and Saturdays
whe the hours will be from 10 a.m.
to 1 p.m.

i72

Any person desiring to oppose the
grant of Letters Patent on the above

appliction on any of the grounds allow- |

ed by the above cited Act may give
notice of such opposition in the
prescribed manner at the Registrar’s
Office cbovementioned at any time
within three months from the date of
this advertisement.

J. D. B. RENWICK,

Ag. Ragistrar of Patents.

Registrar’s Office,
St. John’s, Antigua,
30th August, 1954.



TRADE MARKS OFFICE,
ANTIGUA, 30th August, 1954.

BAXTER LABORATORIES INC.,
of Morton Grove, State of Illinois,
United States of America have applied
for Registration of one Trade Mark
consisting of the following:—

BAXTER

in Class 3 that is to say: Pharmacen-
tical and medicinal preparations,
including fluids for parenteral use
comprising water for injection; dext-
rose in water; dextrose and sodium
chloride in water; sodium chloride
in water; dextrose and vitamins in
water; dextrose, sodium chloride and
vitamins in water; dextrose, alcohol,
sodium chloride, and vitamins in
water; dextrose; alcohol, and vita-
mins in water; sodium chloride, po-
tassium chloride, and calcium chloride
in water; dextrose, sodium chloride,
potassium chloride, and calcium chlo-
ride in water; sodium R-lactate in
water; sodium R-lactate, sodium chlo-
ride, potassium chloride, and calcium
chloride in water; sodium R-lactate,
sodium chloride, potassium chloride,
calcium chloride, and dextrose in
water; dextrose, alcohol, and sodium
chloride in water; dextrose and alco-
hol in water; hydrolyzed protein in
water; dextrose and protein hydroly-
sate in water; alcohol, dextrose, and
protein hydrolysate in water; acacia
and sodium chloride in water; invert
sugar in water; histamine diphos-
phate and potassium chloride in
water; histamine diphosphate and
sodium chloride in water; sodium

LEEWARD ISLANDS GAZETTE,

sulfate in water; injectable pyrogen;
sterile nonpyrogenic distilled water
used as a diluent for parenteral
injection solutions, and medical prep-
arations for tropical application
comprising pectin jelly.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods since Octo-
ber 19, 1931, before the date of their
said Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade Mark.

J. D. B. RENWICK,

Ag. Registrar of T'rade Marks.



TRADE MARKS OFFICE,

ANTIGUA, 2nd September, 1954.

THE SHREDDED WHEAT COM-
PANY LIMITED, of Welwyn Garden
City, Hertfordshire, England, have
appliedjfor Registration of one Trade
Mark consisting of the following:—

Shreddies

in Class 42 that is to gay: Substances
used as food or ingredients in food,
biscuits, cakes, cereal foods products
and bakery products.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods since 13th
April, 1953, before the date of their
said Application. ©

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to regis-
tration of the said Trade Mark.

J. D. B. RENWICK,

Aoting Registrar of T'rade Marks.



TRADE MARKS OFFICE,
ANTIGUA, 2nd September, 1954.

H. 8. WHITESIDE & CO., LTD.
of Parkhouse Works, Parkhouse
Street, Camberwell, London, 8.E. 5,
have applied for Registration of one
Trade Mark consisting of the follow-
ing:—

SUN-PAT

in Class 42 that is to say: “ Substances |

used as food or as ingredients in
food.”

[9 September, 1954.

The Applicants claim that they
have used the said rade Mark in
respect of the said goods for 24 years
before the date of their said Applica-
tion.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islunds Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade Mark.

J. D. B. RENWICK,
Ag. Registrar of Trade Marks,



Sale of X-Ray Equipment.

Tenders are invited for the pur-
chase of the Main X-Ray Diagnostie
equipment which was installed at the
Barbados General Hospital in 1941,
consisting of—

(i) Watson’s Roentgen 1V High
Tension Generator with Con-
trol Table.

(ii) Watson’s Autonome II Motor-
Driven Couch with tube
stand.

Gii) Upright Chest and Sinus stand
incorporating vertically
mounted Potter Bucky Dia-
phragm complete with ad-
justable chair.

(iv) Accessories for above equip-
ment including overhead
shockproof system, tubes, etc,

2. This equipment, which may
be inspected on application to the
Specialist Radiologist, General Hospi-
tal, will shortly be dismantled, and
the purchaser will be responsible for
its removal from the Hospital.

3. Tenders should be in sealed
envelopes marked “ Tender for X-Ray
Equipment” and addressed to the
Chief Secretary, Public Buildings,
Bridgetown, Barbados, to reach him
not later than the 15th September,
1954.

4. The Government does not bind
itself to accept the highest or any
tender.

Ref. No. A. 66/46.



RAINFALL FIGURES.

Central Experiment Station,



Antigua.

1950. 1951. 1952. 1953. 1954,

Jan, 5.41 3.60 2.41 1,938 3,04
Feb. 2.52 1,88 1.60 1.02 2.45
Mar. 1.58 1.09 1.62 5.60 1.08
Apr. 2.44 2.16 3.14 2.06 49
May 2.06 10.54 3.07 1.50 3.83
June 1.66 2.74 5.7 131 3.32
July 185 3.28 838 320 3.47
Aug. 10.71 9.18 8.43 3.16 5.63
Sept. 4, 287 63 135 .04 3.50
31.10 35.10 35.74 19.81 27.118









—————.

— a



9 September, 1954. THE LEEWARD ISLANDS GAZETTE. 1%3

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND
LEEWARD ISLANDS.

MONTSERRAT CIRCUIT

(Civil Jurisdiction)

Between:—
Nesuie Kine Plaintiff
and
JoHN LinzEy Defendant.
Before: DATE, J.

J. A. Mgapr for Plaintiff
J. R. Henry for Defendant

JUDGMENT.

Around 1.30 #.m. on 30th March, 1952, the plaintiff, who had hired the defendant’s car, was
being driven from St. Patrick’s to Plymouth by the defendant's chauffeur, George Piper. There was
no one else in the car, which is a right-hand drive; the plaintiff was sitting in the front seat, to the
left of the driver; his left elbow was resting on the left front door. It had been raining and the road
was wet. After taking a not very sharp right-hand bend at Kinsale Gut, the car left the read and
collided with « telephone post a foot or two to the west of the road. There was no other vehicle or
any pedestrian on the road at the time. The left side of the car came into contact with the teleplone
post and was badly damaged, and the plaintiff's left arm was fractured. He was immediately taken
to the Glendon Hospital where he remained for fifty six days. Despite continued treatment thereafter,
there ix still marked stiffness of the left shoulder joint with limitation of the power of abduction, also
marked thickening of the bone above the middle of the arm #nd limitation of flexion and supination
at the elbow joint. His permanent partial disablement has been estimated to be thirty per cent of his
earning capacity.

At the time of the accident the plaintiff was a Police Constable, Leeward Islands Police
Force, in receipt of salary at the rate of £18. 2. 2 per month. Asa result of his injury he was put
on half-pay leave from Ist October, 1952, to 23rd January, 1958, when he was discharged as unfit
for further service in the Police Force, with pension at the rate of £3. 6.8 per month. Before
joining the Police Force he was a carpenter, but, though right-handed, he is, owing to the injure
to his left arm, unable properly to follow that trade and will probably have to adapt himself to some
new mode of earning a livelihood. He was about thirty years old at the time of the accident. His
claim, founded in negligance, is for £2,500 damages.

The particulars of negligence filed are as follows:—

“When taking the bend in the road at Kinsale Gut, defendant’s servant negligently
drove the motor car at so rapid and dangerous a pace that the car swerved violently to the
left, ascended the mound on the left border of the road, some sixty feet away from the bend,
and struck the telephone pole with such force as to dislodge it

Measurements taken by Corporal Riley in the presence of the defendant a few hours after
the accident showed the width of the road to be 14 fect and the width of the car 5 feet 3 inches.
The distance from “the bend” to the telephone post was stated to be 68 feet. On the western side of
the road there was a distinct mark as of a dragging tyre for 40 feet, leading to the telephone post.
The defendant admitted to Corporal Riley that it was made by one of the left wheels of his car.

In a statement taken from the plaintiff by the Police a few hours after the accident, when
the plaintiff could hardly have fully recovered from the shock sustained by him, he is recorded as
having estimated the speed of the car at 20 to 25 miles per hour. In his evidence in Court he said
the car was travelling faster than that. This latter estimate is, in my opinion, more consistent with
the evidence given by Corporal Riley.

Evidence was also given to the effect that about two weeks before the accident P. ©. Drew
observed that the front tvres of the car were badly worn and advised Piper to get rid of them.
He agreed to do so but did not. His explanation of the accident is delightfully simple: he was
driving at only about 10 miles per hour; at the bend in question there was sand on the road; he did
not observe it was wet—and “the car actually automatically picked up a skid.”



174 THE LEEWARD ISLANDS GAZETTE. [9 September, 1954.

On the evidence before me, particularly that of Corporal Riley, I do not believe that there
was any sand on the road; nor, «us already indicated, am I persuaded that the car was being driven
at anything like 10 miles per hour; but I do believe that it skidded, and I agree that a skid by itself
is neutral: it may or may not be due to negligence. [am quite satisfied, however, that this skid was
due to the driver’s negligence. He was driving too rapidly having regard to the wet condition of
the road and to the bend which he had to negotiate; it was the sudden application of the brakes,
necessitated by attempting to take the bend at that speed, which caused the car to skid on the
wet road and collide with the telephone post.

Drivers of motor vehicles are not insurers of their passengers or of other people using the
road, but it is the duty of every driver to use such care as would be displayed by a reasonable or
reasonabiy prudent driver in the given circumstances. ‘If roads are in such a condition that a motor
car cannot safely proceed at all, it is the duty of the driver of the motor car to stop. If the roads
are in such a condition that it is not safe to go at more than a foot pace, his duty is to proceed at
a foot’s pace.” —Laurie v. Raglan Building Company Lid., (i942) 1 K.B. 152 at pp. 154 and 155,
per Lord Greene M.R.

Cl aure As regards the quantum of damages to be awarded, I propose to follow the well-known
case of Philips v. South Western Railway Co., (1879) 4 Q.B. 406, where it was held that the heads
of damage in respect of which a plaintiff complaining of personal injury is entitled to compensation
are, “‘the bodily injury sustained; the pain undergone; the effect on the health of the sufferer, according
to its degree and its probable duration as likely to be temporary or permanent; the expenses incidental
to attempts to effect a cure, or to lessen the amount of injury; the pecuniary loss sustained through
inability to attend to a profession or business as to which, again, the injury may be of a temporary
character, or may be such as to incapacitate the party for the remainder of his life.” It is, of course,
easier to state these principles than to apply them, but giving the matter the best consideration I can,
I assess the damages in the present case at £825. 16 0, of which £25. 16, 0 is for medical and
hospital expenses and massage.

Judgment will accordingly be entered for the plaintiff for £825. 16. 0 and costs.

W. A. Date,
Puisne Judge.

August, 1954.

i
GOVERNMENT SAVINGS BANK STATISTICS: LEEWARD ISLANDS.

All figures in British West Indian dollars.
Number of reporting banks: 4.
Figures for end of quarter 80th June, 1954.

LIABILITIES $ ASSETS $
1. Notes in circulation Nil 1. Cash (in Treasury) 180,716.05
2. Deposits 2,187,412.33 2. Balances due by other banks
(i) Demand —Nil ' in Colony Nil
(ii) Time —Nil

(iii) Savings 2 187,412.33

3. Balances due to ! 3. Balances due from banks abroad
(a) Other banks in Colony Nil and other short claims Nil
(6) Banks abroad Nil
4. Other Liabilities 44,951.20 4. Loans and Advances Nil
5. Investments— 1,940,302.33
(a) Local : 269,453.62
(0) Other 1,670,848.71L
6. Other Assets 111,345.15

Total Liabilities 2,232,363.53 Total Assets 2,232,363.53





9 September, 1954] THE LEEWARD ISLANDS GAZETTE. 175

TRADE MARKS OFFICE,
Antigua, 2nd September, 1954.
ARTHUR FRANCIS ALEXANDER TURNER of 8t. John’s, Antigua, has applied for

Registration of one Trade Mark consisting of the following:—



in Class 44 that is to say: In the bottling of natural and mineral waters including ginger beer.

The Applicant claims that he has not used the said Trade Mark in respect of the said goods
before the date of his said Application.

Any person may within three months from the date of the first appearance of this Advertise-
ment in the Leeward Islands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of
opposition to registration of the said Trade Mark.

J. D. B. Renwicx,
Acting Registrar of Trade Marks.



176 THE LEEWARD ISLANDS GAZETTE. 9 September, 1954.
ANTIGUA.

Control of Imports and Exports

Notice No. 4 of 1954
TENDER FOR FLOUR

Tenders are invited for the supply of 15,000 half bags of 100 lb each “KE” grade flour from
Local Commission Agents of Canadian Flour Mills. Quotations should be C.I.F. Antigua and should
include agents commission. Tenders should indicate whether they would be prepared to accept any pro-
portion of the 15,000 bags say 5,000 bags and if so at what price.

2. The “E” grade flour must be milled solely from Canadian Hard Spring Wheat not lower
in grade than No. 3 northern and must be of the following minimum standard:—

Maximum moisture a 14.00%
Maximum ash a 52%
Minimum protein tee 12.00%

All flour to be enriched in accordance with the following:—

Minimum. Maximum.
Thiamine 2.0) 2.5 milligrams for each Ib. flour
Riboflavine 1.2 1.5 ” ” ”
Niacine 16.0 20.0 3 ” 7
Tron 13.0 16.5 ” ” ”
With Calcium Car-
bonate 500 600 ” ” ”

The name of the miller, analysis of the flour, the enrichment standard and brand name should
be stated in the tender. Chemist’s certificate showing analysis of the flour, enrichment standard and
duly notarised must accompany documents. The Supply Officer however, exercises the right to arrange
for samples to be drawn and analysed on his behalf.

Shipping documents must include date of shipment of all flour and must indicate that it is en-
riched and “ Vitamin Enriched Flour” must be stencilled on each bag.

3. Flour to be loaded at Montreal, Halifax or St. John and shipped at rate of 5,000 half
bags of 100 lb each month commencing early November 1954 and ending in January 1955. A notice
of the award will be made and the price accepted by Government.

4. Tenders should be in a sealed envelope marked ‘“‘ Tenders for flour” and should be addressed
to His Honour the Administrator and should reach the Administrator’s Office not later than 12 noon on
the 30th September, 1954.

5. Government does not bind itself to accept the lowest or any tender.
Administrator's Office,

Antigua.
25th May, 1954.

Ref. No. A.40/18,



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by,E. M. BLackman, E.D,
Government Printer.—By Authority,
1954
[Prive 47 cents.]



No. 11 of 1954. Hotels Ard.
[L.5.]
I ASSENT,
K. W. Biacksourng,
Governor.

13th August, 1954,

MONTSERRAT.
No. 11 of 1954.

An Ordinance to encourage the Hotel Industry
in the Presidency by granting certain relief
in respect of customs duties, and income
tax to persons who expend monies upon the
construction or equipment of hotels in the
Presidency and for purposes incidental
thereto or connected therewith.

ENACTED by the Legislature of Mont-
serrat as follows:—

1. This Ordinance may be cited as the
Hotels Aid Ordinance, 1954.

2. Inthis Ordinance, unless the context
otherwise requires—
‘‘articles of hotel equipment”? means any
of the articles specified in the Schedule
to this Ordinance;

“building materials”? means materials of
every description for use in connection
with the construction of a hotel and all
structures appurtenant thereto;

“construct” includes erect, repair, alter,
reconstruct or extend;

‘“Customs duties” includes any customs
duty surcharge and wharfage rate pay-
able on the importation of any article
into the Presidency ;

MOXTSERRAT.

Short title.

Definition.



MonTSeRRAy. 2 Hloéels Aid, No, 1] of 1954,

‘extension to a hotel’? means any enlarge-
ment of the accommodation of a hotel
whether by means of a newly erected
building or by the structural alteration
of the existing building;

“hotel” means any building or group of
buildings (occupied together) for the
accommodation for reward of guests
and includes the curtilage thereof and
all structures within such curtilage,
containing or intended to contain when
complete not less than six bedrooms,

‘“‘ licence’? means a licence under section 3
of this Ordinance; ;

“licensee” means the holder of a licence
under this Ordinance;

“prescribed” means prescribed by Regula-
tions made under this Ordinance;

“Treasurer” means the officer for the time
being lawfully discharging the duties
of Treasurer of the Presidency or any-
one authorised by him in writing to
act on his behalf.

Grant of 8. (1) Subject to the provisions of section
ne 4 of this Ordinance the Governor-in-Council
may grant to every person who desires—

(a) to construct a hotel or an extension
to a hotel a licence to import into the
Presidency or to purchase in the Presidency
such building materials for use in the con-
struction of such hotel or extension as may
be specified in the licence;

(6) to equip a newly erected hotel or
extension to a hotel a licence to import into
the Presidency or to purchase in the Presi-
dency such articles of hotel equipment
and in such quantities as may be specified
in the licence:



No. 11 of 1954. Hotels Aid. 3 Montserrat.

Provided that no licence shall be
granted for the importation or purchase of
an article of hotel equipment to replace an
article of hotel equipment which has been
imported or purchased under the terms of a
licence.

(2) Every licence under subsection (1)
of this section shall be in such form as may
be prescribed and shall be subject to such
terms and conditions as the Governor-in-
Council may from time to time impose.

4. very application for the grant of a Procedure on
licence shall be in such form and contain such Aer
information and be accompanied by such docu-_ licences.

ments as may be prescribed.

5. Every licensee shall be entitled upon Free entry of
the production of his licence to the proper buldne
> : : Bh ee : materials and
customs officer to import into the Presidency in equipment.
accordance with the terms thereof free of all
customs duties such building materials or
articles of hotel equipment as may be therein

specified.

6. (1) Fvery licensee who satisfies the Relief trom
Treas 2 customs
‘yeasurer—

tert See duties.
(«) that any building materials or any

articles of hotel equipment specified in his

licence were purchased by him in the

Presidency; and

(6) that customs duties were paid
upon the importation into the Presidency
of such building materials or articles of
hotel equipment of the total valne of not
less than four hundred and eighty dollars;
and

(c) as to the amount of the customs duties
so paid, shall be entitled to be paid an amount
equivalent to the amount of drawback which
would have been payable under section 9 of
the Customs Duties Ordinance, 1928 in rela- 7/1928.
tion to the granting of drawback of customs
duties if such building materials or articles of
hotel equipment had been exported from the



MONTSERRAT,

7/1938.

4 Hotels Aid, No. 11 of 1934.

Presidency, and to be refunded the amount of
the customs duty surchirge and the wharfage
rates paid upon the importation of such
building materials or articles or hotel equip-
ment:

Provided that the provisions of the said section
9 restricting the payment of drawback to cases
where the goods in respect of which the payment is
made are exported within a specified period shall
not apply to any payment under this section.

(2) [very licensee who satisfies the Trea-
surer—

(a) that any building materials or any
articles of hotel equipment specified in his
license were purchased by him in the Presi-
dency; and

(6) that customs duties were paid upon
the importation into the Presidency of such
building materials or articles of hotel equip-
ment of the total value of not less than four

hundred and eighty dollars; and

(c) that he is unable to ascertain the
amount of the customs duties so paid,

shall be entitled to be paid such sum as the
Treasurer may think fit, so however, that no puy-
ment under this subsection shall, in the case of
building materials or articles of hotel equipment
which are rated goods within the meaning of the
Customs Duties Ordinance, 1928, exceed the low-
est preferential rate that has been in force for that
description of goods at any time during the two
years next preceding the date of purchase by the
licensee and, in the case of any building materials
or articles "of hotel equipment lable “under the
said Ordinance to an ad valorem duty, exceed
nine per centum of the purchase price where the
lowest preferential ad valorem rate that has been
in force for that description of goods for a period
of two years prior to the date of supply was
fifteen per centuin and pro rata where other
ad valorem rates have been in force during
such period, together with such additional sum



No. 11 of 1954. Hotels Aid. 5

(if any) as the Treasurer may think fairly
represents the amount of customs duty sur-
charge and wharfage rates paid upon such
goods upon their importation into the Presi-
dency.

7. (1) Subject to the provisions of section &
of this Ordinance, where any building materials or
articles of hotel equipment have been imported
into the Presidency under a licence, or any sum has
been paid under section 6 of this Ordinance in
respect of any building materials or articles of hotel
equipment, such building materials or articles of
hotel equipment shall not be sold, exchanged, given
away, exported from the Presidency or applied tor
any purpose other than use in connection with
the construction or equipment of the hotel to which
the licence in which those building materials or
articles of hotel equipment were specified relates,
within three years of the date of the importation
of such articles or of the making of the payment
under section 6 of this Ordinance.

(2) Every person who contravenes subsection
(1) of this section shall be guilty of an offence
against this Ordinance and shall on sununary
conviction thereof be liable to # fine not exceeding
five hundred dollars or to be imprisoned for any
term not exceeding six months or to both such fine
and imprisonment and in addition to pay, in respect
of such building materials or articles of hotel equip-
ment improperly disposed of, the relevant duties or
sums which, but for section 5 of this Ordinance,
would have been payable thereon or which have
been refunded under section 6 of this Ordinance.

8. (1) Where the ‘Treasurer is satisfied that
any building materials or articles of hotel equipment
which have been imported into the Presidency
under « licence or in respect of which any paynient
has been made under section 6 of this Ordinance
are no longer required for the purposes of the
hotel in respect of which the import licence was
granted, he may grant a permit to the licensee to
dispose of such building materials or articles of hotel
vquipment in such manner as he thinks fit,

MONTSERRAT.

Building
materials and
articles of
hotel equip-
ment not to be
used for any
purpose other
than that

for whieh
imported.

Treasurer may
permit dis-
posal of
materials ete,



MONTSERRAT.

Articles of
hotel equip-
ment to be
marked.

Power to

revoke licence.

Insertion of
section 1OA in
Income Tax
Ordinance, 6
of 1945.

6 Hotels Atd. No. 11 of 1954.

No permit shall be granted under sub-
section (i) of this section until the licensee has
paid to the Treasurer, or has given security, to
the satisfaction of the Treasarer that he will so
pay, all sums which would have been payable by
way of customs duty or wharfage rate upon the
importation of such ‘building materials or articles
of hotel equipment or a sum equivalent to the
amount of drawback paid to the licensee in
respect of such building materials aud articles
of hotel equipment under section 6 of this
Ordinance.

9. Such of the articles of hotel equipment
imported under a licence or in :espeet of which
any stan has been paid under section G of this
Oydinance as the ‘Treasurer may require to be
marked shall be marked with such mark and in
such manner as may be prescribed.

10. Where the Governor-in-Council — is
satisfied thit any licensee has



(a) obtained the grant of any licence
by any false statement; or

(4) abused or misused any licence; or

(«) broken or failed to comply with
any conditions of such licence; or

(¢) knowingly broken or failed to
comply with the provisions of section 12 of
this Ordinance; or

(c) failed to pay any sum payable by
bim under the provisions of this Ordinance,

he may either suspend the operation of such licence
for such time and subject to such conditions as he
may think fit or may revoke such licence.

11. The Income Tax Ordinance, 1945, is
hereby amended by the insertion therein, next after
section 10 of the following section us section LOA :—

“Relief to IOA. (1) Notwithstanding anything to

hotel pro-

prietors from the contrary, where any licence ‘hus been
Income Tax, vranted to any person under the provisions of

scetion 3 of the Hotels Aid Ordinance, 1954,



No, 11 of 1954, flotels Aid. 7 = Monrsurnar,

the proprietor of the hotel to which such
licence relates shall be allowed in each of any
five of the eight years of assessment next
after the year of assessment in which the
licence is granted to set off against the income
arising from the hotel one-fifth of the capital
expenditure upon such hotel.

(2) No allowance shall be made under
subsection (1) of this section in respect of any
year of assessment later than the eighth year
after the year of assessment in which the
capital expenditure was incurred.

(3) No loss incurred in connection with
any hotel, in any year in respect of which
an allowance is granted under this section,
shall be set off against the profits arising from
any other trade, business or vocation carried
on by the person to whom the allowance is
granted,

(4) In this section “ capital expenditure ”
means such sum as the Commissioners are
satisfied has been expended on the purchase
of building materials or of articles of hotel
equipment for the construction, reconstruction,
alteration or repair of the hotel and upon
effecting such construction, re-construction,
alteration or repair and upon the installation
of auch equipment, but does not include any
sum paid in respect of the purchase price of
any land or of any existing hotel or in respect
of goodwill.”

12. Except with the consent of the Gover- Employment
nor-in-Council at least three-fifths of the number o
of persons employed in the construction and ~ ar
maintenance of, and in any other activity in relation
to, any hotel in respect of which a licence has been
granted under section 3 of this Ordinance shall be
British subjects.

18. In the case of proceedings against © Responsibility
yerson under this Ordinance for or in connection eels
: y ac
with breaches by an employee of such person of the employee.

provisions of section 12 of this Ordinance—



MonTsERRAT.

Offences by
corporations.

Regulations,

Power to
changes
Schedule.

5 Hotels Aid, No. 11 of 1954.

(a) it shall not bea defence that the
employee acted without the authority of the
employer; and

(b) any material fact known to the
employce shall be deemed to have been known
to the employer.

14. Where a person convicted of an offence
against this Ordinance or any regulations made
thereunder is a body corporate, any person who at
the time of the commission of the offence, was a
director or officer of the body corporate shall be
deemed to be guilty of that offence unless he
proves that the offence was committed without his
knowledge, or that he exercised all due diligence to
prevent the commission of the offence,

15. The Governor-in-Council may make
regulations generally for giving effect to the
provisions of this Ordinance, and without prejudice
to such general power may make regulations—

(a) prescribing the form of, and_ the
information to be contained in, and the
documents to accompany, any application for
a licence under section 3 of this Ordinance;

(6) prescribing the form in which any
licence may be granted under section 3 of this
Ordinance;

(c) prescribing the type of mark to be
affixed to any article and the manner in which
such mark shall be affixed;

(d) prescribing penalties not exceeding
twenty-five dollars for the breach of any
regulations made hereunder.

16. The Governor-in-Council may, from
time to time by order, add to or remove from the
Schedule to this Ordinance, any article of hotel
equipment.



No. 11 of 1954. Hotels Aid. Q MonrTserRat,

17. This Ordinance shall be deemed to have Commence-
had effect as from the lst day of January, 1954, â„¢e"*

CHarieswortH Ross,
President.

Passed the Legislative Council this 15th day
of July, 1954.
Jas. H. Carrort,
Clerk of the Council.

SCHEDULE,









Air conditioning apparatus and appHances.
Bed linen.

Bedsprings.

Bedsteads.

Billiard tables and their appliances.
Carpets.

Chairs.

Chests of drawers.
Crockery.
Cupboards.
Cutlery.

Desks.
Dressing tables.
Dynamos.
Electrical apparatus, appliances and lines.

Iceboxes.

Kitchen equipment and utensils including stoves.

Linoleum and similar floor coverings.

Mats.

Mattresses.

Mirrors.

Organs.

Pianos.

Pillows.

Radios.

Refrigerating apparatus and appliances.

Rugs.

Silver and plated tableware.

Sofas.

Tables.

Table glassware.

Table linen.

Telephone apparatus, appliances and lines.

Textile furnishings, including bedspreads, curtains and upholstery.
Towels.

Wardrobes.

Wash stands.



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BuaokMAn, Government Printer.— By Authority.
1954,
490—9.54. Price 11 cents.



No. 12 of 1954. Crown Proceedings. MonTSERRAT,

[L.S.]
| ASSENT,
P. D. Macponatrn,
Acting Governor.
28th August, 1954.

MONTSERRAT,
No. 12 of 1954,

An Ordinance to amend the law relating to the
civil liabilities and rights of the Crown and to
civil proceedings by and against the Crown,
to amend the law relating to the civil liabilities
of persons other than the Crown in certain
cases involving the affairs or property of the
Crown, and for purposes connected with the
matters aforesaid,

ENACTED by the Legislature of Montserrat

as follows:—

1. This Ordinance may be cited as the Crown Short title.
Proceedings Ordinance, 1954.

2. (1) Any reference in this Ordinance to Interpreta-
the provisions of this Ordinance shall, unless the
context otherwise requires, include a reference to
rules of court and Magistrates’ Courts rules made
for the purposes of this Ordinance.

(2) In this Ordinance—

“agent” when used in relation to the Crown,
includes an independent contractor em-
ployed by the Crown;

“Her Majesty’s aircraft”? does not include
aireraft belonging to Her Majesty other-
wise than in right of Her Government in
the United Kingdom;

‘“ Her Majesty’s ships” means ships of which
the beneficial interest is vested in Her
Majesty or which are registered as
Government ships for the purposes of the
Merchant Shipping Acts, 1894 to 1940,
or which are for the time being demised



\TSERRA’ g . Mr s :
pownenne Crown Proceedings. No, 12 of 1954.

or subdemised to or in the exclusive
possession of the Crown, except that the
said expression does not include any ship
in which Her Majesty is interested other-
wise than in right of Her Governinent m
the United Kingdom unless that ship is
for the time being demised or subdemised
to Her Majesty in right of Her said
Government or in the exclusive possession

of Her Majesty in that right;

‘Magistrates’ Courts Rules” includes rules
made by the Governor in Council under
section 259 of ‘the Magistrate’s Code of

Oap. 61, Procedure Act and pursuant to section
29 of this Ordinance;

‘civil proceedings” include proceedings in the
Supreme Court or the Court of Summary
Jurisdiction for the recovery of fines and
penalties;

“officer”? in relation to the Crown, includes
any servant of Her Majesty in right of
Her Government of the Colony or of the
Presidency ;

“order” includes a judgment, decree, rule,
award or declaration;

“ prescribed”? means prescribed by rules made
under section 29 of this Ordinance;

“proceedings against the Crown” includes a
claim by way of set-off or counterclaim
raised in proceedings by the Crown:

‘statutory duty’? means any duty imposed
by or under any Federal Act or any
Presidential Act or Ordinance or other
law extending to (or having effect in)
the Presidency.

(3) Any reference in Parts IIT and IV of
this Ordinance to civil proceedings by or against
the Crown, or to civil proceedings to which the
Crown is a party, sball be construed as including a
reference to civil proceedings to which the Crown
Attorney or any officer of the Crown as such is a

party:



No, 12 of 1954, Crown Proceedings. 3

Provided that the Crown shall not for the
purposes of Parts [If and LV of this Ordinance be
deemed to be a party to any proceedings by reason
only that they are brought by the Crown Attorney
upon the relation of some other person,

(4) Any reference in this Ordinance to the
armed forces of the Crown shall be construed as
including a reference to the following forces:—

(a) the Women’s Royal Naval Service;

(b) the Queen Alexandra’s Royal Naval
Nursing Service; and

(c) any other organisation established
under the control of the Admiralty, the Army
Council or the Air Council.

(5) References in this Ordinance to any
enactment shall be construed as references to that
enactment as amended by or under any other
enactment including this Ordinance.

PART I.
SUBSTANTIVE Law.

8. (1) Where after the commencement of
this Ordinance any person has a claim against the
Crown as defined in subsection (2) of this section,
then, subject to the provisions of this Ordinance,
the claim may be enforced as of right, and without
the consent of the Governor, by proceedings taken
against the Crown for that purpose in accordance
with the provisions of this Ordinance.

(2) The reference to a claim against the Crown
in subsection (1) of this section shall be construed
as meaning a claim against the Government of the
Presidency which, if this Ordinance had not been
passed, might have been enforced, subject to the
consent of the Governor, in a suit ineuated by the
claimant as plaintiff against the Attorney General
as defendant in accordance with the provisions of
the Crown Snits Act or might have been enforced
by a proceeding provided by any other statutory
provision.

MonvtsERRAT,

Right to sue
the Crown,

Cap. 6.



MONTSERRAT,

Liability of
the Crown in
tort.

4 Crown Froceedings. No, 12 of 193-4.

(3) Any clain against the Crown made
pursuant to any statutory provision enacted after
the commencement of this Ordinance shall, unless
otherwise directed by any law, be likewise enforced
as of right, and without the jiaé of the Governor,
by proceedings taken against the Crown in accord-
ance with the provisions of this Ordinance.

4. (1) Subject to the provisions of this
Ordinance, the Crown shall be subject to all those
liabilities in tort to which, if it were a private
person of full age and capacity, it wonld be
subject— :

(a) in respect of torts committed by its
servants or agents;

(6) in respect of any breach of those
duties which 2 person owes to his servants or
agents at common law by reason of being their
employer; and

(c) in respect of any breach of the duties
attaching at common law to the ownership,
occupation, possession or control of property:

Provided that no proceedings shall lie against
the Crown by virtue of paragraph (@) of this
subsection in respect of any act or omission of a
servant or agent of the Crown unless the act or
omission would apart from the provisions of this
Ordinance have given rise to a cause of action in
tort against that servant or agent of his estate.

(2) Where the Crown is bound by a statutory
duty which is binding also upon persons other than
the Crown and its officers, then, subject to the
provisions of this Ordinance, the Crown shall, in
respect of a failure to comply with that duty, he
subject to all those liabilities in tort (if any) to
which if would be so subject if it were a private
person of full age and capacity.

(8) Where any functions are conterred or
imposed upon an officer of the Crown as such
either by any rule of the common law or by any
law, and that officer commits a tort while perform-
ing or purporting to perform those functions, the
liabilities of the Crown in respect of the tort shall



No. 12 of 1954. Crown Proceedings. 5

be such as they would have been if those functions
had been conferred or imposed solely by virtue of
instructions lawfully given by the Crown.

(4) Any enactment which negatives or limits
the amount of the liability of the Crown or an
officer of the Crown in respect of any tort committed
by such officer shall, in case of proceedings against
the Crown under this section in respect of a tort
committed by such officer, apply in relation to the
Crown as it would have applied in relation to such
officer if the proceedings against the Crown had
been proceedings against the said officer.

(5) No proceedings shall lie ¢ gainst the Crowt
by virtue of this section in respect of anything
done or omitted to be done by any person while
discharging or purporting to discharge any res:
ponstbilities of a judicial nature vested in him, or
any responsibilities which he has in connection with
the execution of judicial process.

(6) No proceedings shall le against the Crown
by virtue of this section in respect of any act,
neeleet or default of any officer of the Crown,
unless that officer has been directly or indirectly
appointed by the Crown and was at the material
time paid in respect of his duties as an officer of
the Crown wholly out of the general revenue or
other government funds of the Presidency or by
the general government of the Colony, or was at
the material time holding an office in respect of
which the Governor certifies that the holder thereof
would normally be so paid,

5. (1) Where after the commencement of
this Ordinance any servant or agent of the Crown
infringes a patent, or infringes a registered trade
mark, or infringes any copyright and the infringe-
ment is committed with the authority of the
Crown, then, subject to the provisions of this
Ordinance, civil proceedings in respect of the
infringement shall lie against the Crown.

(2) Nothing in subsection (1) of this section
or inany other provisions of this Ordinanec shail
affeet the rights of the Governor under section 29
of the Patents Act.

‘

MonrTsm®RRAT.

Provisions i
to industrial
property.

Uap. bie.



MONTSERRAT.

Application
of law as to
indemnity and
contribution,

Liability im
connection

with postal
packets.

6 Cromn Procecdinys, No. 12 of 1954.

(3) Save as expressly provided by this section,
no proceedings shall lie against the Crown by
virtue of this Ordinance in respect ef the infringe-
ment of a patent, in respect of the infringement of
au registered trade mark, or in respect of the
infringement of any such copyright as is mentioned
in subsection (1) of this section.

6. Where the Crown is subject to any
liability by virtue of this Part of this Ordinance,
any law relating to indemnity and contribution
shall be ae by or against the Crown in
respect of the lability to which it is so subject as if
the Crown were a private person of full age and
capacity.

7. (1) Subject as hereinafter provided, no
proceedings in tort shall lie against the Crown for
anything done or omitted to be done in relation to
a postal packet by any person while cmployed as a
servant or agent of the Crown, nor shall any officer
of the Crown he subject, except at the suit of the
Crown, to any civil liability therefor.

(2) Proecedings shall lie against the Crown
under this subsection im respect of loss of or
damave toa registered inland postal packet in so
far as the loss or damage is due to any wrongful
act done or any neglect. or default committed by au
person employed as a servant or agent of the
Crown while performing or purporting to perform
his funetions as such in relation to the receipt,
carriage, delivery or other dealing with the packet:

Provided that: —

(a) no proceedings shall lie under this
subsection in respect of any postal packet
registered before the commencement of this
Ordinance ;

(4) the amount recoverable in any pro-
ceedings under this subsection shall not exe: ed
the market value of the packet In question
(excluding the market value of any message
or information which it bears) at the time
when the cause of action arises;



No. 12 of 1954. Crown J 'receedinys. 7

(c) the amount recoverable in such pro-
ceedings shall not in any event exceed the
maximum amount which, under the Post
Office Rules is available for compensating the
persons aggrieved having regard to the fee
paid in respect of the registration of the
packet; and

(d) the Crown shall not be lable under
this subsection in respect of any packet unless
such conditions as are prescribed by the Post
Office Rules in relation to registered inland
postal packets have been complied with in
relation to that packet.

For the purposes of any proceedings under
this subsection, it shall be presumed, until the
contrary is shown on behalf of the Crown, that the
Juss of or damage to the packet was due to some
wrongful act done, or some neglect or default
cominitted, by a person employed as a servant or
agent of the Crown while performing or purporting
to perform his functions as such in relation to the
receipt, carriage, delivery or other dealing with the
packet.

(3) No relief shail be available under sub-
section (2) of this section except upon a claim by
the sender or the addressee of the packet in
question; and the sender or addressee of the packet
shall be entitled to claim any relief available under
the said subsection in respect of the packet whether
or not he is the person damnified by the injary
complained of, and to give a good discharge in
respect of all claims in respect of the packet under
the said subsection:

Provided that where the court is satisfied,
upon an application by any person who is not the
sender or addressee of the packet, that the sender
and the addressee are tnable or unwilling to
enforce their remedies in respect of the packet
under the said subsection, the court may, Bpon
such terms as to security for costs and otherwise
as the court thinks just, allow that other person to
bring proceedings under the said subsection in the
name of the sender or the addressee of the packet.

MONTSERRAT,



MowTseRRAT.

Cap. 123.

Provisions
relating to
the armed
forces,

8 Crown Proceedings. No. 12 of 1954.

Any reference in this subsection to the sender
or addressee of the packet includes a reference to
his personal representatives.

(4) Where by virtue of subsection (3) of this
section any person recovers any money or property
which, apart from that subsection, would have
been recoverable by some other person, the money
or property so recovered shall be held on trust for
that person.

(4) Post Office Rules may be made for pre-
scribine the conditions to be observed for the
purposes of this section in relation to registered
inland postal packets.

(6) In this section—

The expression ‘ postal packet’? has the

same meaning as in the Post Office Act.

The expression “ inland postal packet”
means a postal packet which is posted in the
Presidency, for delivery at any place within
the Presidency to the person to whom it is
addressed.

The expression ‘‘ sender ”’ in relation to

a postal packet, has such meaning as may be
assigned to it by Post Office Rules.

(7) Any reference in this section to a postal
packet shall be construed as including a reference
to the contents of such a packet.

8. (1) Nothing done or omitted to be done
by a member of the armed forces of the Crown
while on duty as such shall subject either him or
the Crown to liability in tort for causing the death
of another person, or for causing personal injury
to another person, in so far as the death or per-
sonal injury is due to anything sufered by that
other person while he is a member of the armed
forces of the Crown if—

(a) at the time when that thing 1s
suffered by that other person, he is either on
duty as a member of the armed forces of the
Crown or is, though not on duty as such, on



No. 12 of 1954. Crown Proceedings. Q MonTsERRAt.

any land, premises, ship, aircraft or vehicle
for the time being used for the purposes of
the armed forces of the Crown; and

(6) (i) where that other person is .a
member of the armed forces of the Crown in
right of its Government in the United Ning-
dom, the Minister of Pensions certifies that
his suffering that thing hax been or will be
treated as attributable to service for the pur-
poses of entitlement to an award under the
Royal Warrant, Order in Council or Order of
Her Majesty relating to the disablement or
death of members of the force of which he is
a member;

(11) where that other person is a member
of the armed forces of the Crown in right of
its Government in the Colony or in the Presi-
deney, the Governor in Council certifies that
his suffermy that thing has been or will be
treated as attributable to service for the pur-
poses of entitlement to a yratuity or pension
under any enactment relating to the disable-
ment or death of members of the force of
which he is a member:

Provided that this subsection shall not exempt
arnember of the said forces from liability in tort
in any case in which the court is satished that the
act or omission was not connected with the execu-
tion of his duties as a member of those forces.

(2) No proceedings in tort shall he against
the Crown for death or personal injury due to
anything suffered by a member of the armed forces
of the Crown if—

(7) that thing is suffered by him in con-
sequence of the ature or condition of any
such land, premises, ship, aireraft or vehicle
as aforesaid, or in cousequence of the nature
or eoncition of any equipment or supplies
used for the purposes of those forces; ae

(9) (i) in the case of a member of the
armel forees of the Crown in right of its
Government in the United Kingdom, the



MonTSErRAt.

10 Crown Proccedinys. No. 12 of 1954.

Minister of Pensions certifies as mentioned in
the preceding subsection;

(ii) in the case of a member of the
armed forces of the Crown in right of its
Government in the Colony or in the Presi-
deney, the Governor in Council certifies as
mentioned in the preceding subsection,

nor shall any act or omission of an officer of the
Crown subject him to liability in tort for death or
personal injury, in so far as the death or personal
injury is due to anything suffered by a member of
the armed forces of the Crown being a thing as to
which the conditions aforesaid are satisfied.

(3) The Governor, if satisfied that it is the
fact—

(a) that a person Was Or Was hol oh any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the Colony or in the Presi-
dency ; or

(/) that at any particular time any land,
premises, ship, aircraft, vehicle, equipment or
supphes was or was not, or were or were not,
used for the purposes of the said forces,

may issue a certificate certifying that to be the
fact: and any such certificate shall, for the pur-
poses of this section, be conclusive as to the fact
which it certifies.

(4) A certificate of the Admiralty or a Secre-
tary of State—

(a) that a person was or was not on any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the United Kingdom; or

(hb) that at any particular time any land,
premises, ship, aircraft, vehicle, equipment or
supplies Was or Was not, or were or were not,
used for the purposes of the said forces,

shall, for the purposes of this section, be conclu-
vive as to the fact which it certifies.



No. 12 of 1954. Crown Proceedings. 11

(5) For the purposes of this xection—

(a) © Governor in Council” means as
respects a member of an armed force estab-
lished by virtue of an Act of the Colony the
Governor with the advice of the Executive
Council of the Colony and in any other case
the Governor in Council of the Presidency
wherein such member is serving; and

(6) “member of the armed forces of the
Crown’ unless the context otherwise requires
mneans a member of the armed forces of the
Crown in the right of its Government in the
Colony or in the Presidency (including mem-
bers of the Police Force) or in right of its
Government in the United Kingdom.

(6) Nothing in this section shall be deemed
by implication or otherwise to confer any right of
action against the Crown in right of its Govern-
ment in the United Kingdom.

9. (1) Nothing in Part I of this Ordinance
shall extinguish or abridge anv powers or authori-
ties which, if this Ordinance had not been passed,
would have been exercisable by virtue of the
prerogative of the Crown, or any powers or authori-
ties conferred on the Crown by any law and,
in particular, nothing in the said Part I shall
extinguish or abridge any powers or authorities
exercisable by the Crown, whether in time of peace
or of war, for the purpose of the defence of the
Colony or of training, or maintaining the efficiency
of, any of the armed forces of the Crown.

(2) Where in any proceedings under this
Ordinance it is material to determine whether any-
thing was properly done or omitted to be done in

the exercise ol the prerogative of the Crown, the
Governor may, if satisfied that the act or omission
was necessary for any such purpose as is mentioned
in the last preceding subsection, issue a certificate
to the effeet that the act or omission was necessary
for that purpose; and the certificate shall, in those
proceedings, be conclusive as to the matter so
certified,

MONTSERRAT’.

Saving m1
respect of acts
done under
prerogutive
and statutory
powers.



MONTSERRAT

Civil proceed-
ings in the
Supreme
Court.

57 & 58 Vict.
0.3,

Civil proceed-
ings in the
court of Sum-

mary Jurisdic-

tion and
Magistrate's
Court.

Interplcader.

12 Crown Proceedings. No. 12 of 195-f.

PART U1:

JURISDICTION AND PROCEDURE.

10. (1) Subject to the provisions of this
Ordinance, all civil proceedings by or against the
Crown in the Supreme Court shall be instituted
and proceeded with in ‘accordance with rules of
court and not otherwise.

(2) In relation to any claim against the
Crown in the Supreme Court as a Colomial Court
of Admiralty which falls within the jurisdiction of
that Court as 2 prize court, the expression “ rules
of court” in this section means rules of court
made under section 3 of the Prize Court Act, 1894.

11. (1) Subject to the provisions of this
Ordinance, and to sections 8 aud 9 of the Suminary
Jurisdiction Act which bmit the jurisdiction of the
Court of Summary Jurisdiction in relation to the
subject matter of the proceedings to be brought
and the amount sought to be recovered in the
proceedings and to any law limiting the jurisdiction
of a Magistrate's Court (whether by reference to
the subject matter of the proceedings to be brought
or the amount sought to be recovered in the pro-
ceedings or otherwise) any civil proceedings by or
against the Crown may be instituted in a Court of
Summary Jurisdiction or in a Magistrate’s Court.

(2) Any proceedings by or against the Crown
in a Court of Smmimary Jurisdiction shall be
instituted and proceeded with in accordance with
rules of court of the Court of Summary Jurisdic-
tion and not otherwise.

(3) Any proceedings by or against the Crown
ina Magistrate's Court shall be instituted and pro-
ceeded with in accordance with Magistrates’ Court
Rules and not otherwise.

12. The Crown may obtain relief by way
of interpleader proceedings, and may be made a
party to such proceedings, in the same manner in
which 2 subject may obtain relief by way of such
proceedings notwithstanding that the application
for relief is made by a Provost Marshal or Bailiff,



No. 12 of 1954. Cron Proceedings. 18

Court Holes
shail, subject

and all rules of cart arid
relating to interplcat: ¢ procee
to such modifications 2s
effect accordingly.



18. (1) Civil proceedings by the Crown
may be instituted by the Crown Attorney:

Provided that where in any Act or Ordinance
passed before the coming into operation of this
Ordinance it is therein provided that any debt due
to the Crown shall be sued for and recovered by a
particular officer of the Crown, civil proceedings by
the Crown for the recovery él such debt may be
instituted by that officer.

(2) Civil proceedings against the Crown shall
be instituted against the Can Attorney.

(3) No proceedings instituted in accordance
with this Part of this Ordinance by an officer of
the Crown or in the name of or against the Crown
Attorney shall abate or be offected by any change
in the person holding that othce or holding the
office of Crown Attorney.

14. All documents required to be served on
the Crown for the purpose of or in connection with
any civil proceedings by or against the Crown shall,
where the proceedings by ui Crown are brought
in the name of an officer of the Crown other than

the Crown Attorney, be served on that officer or
on the Crown Attorney.

15. (1) If in a case where proceedings are
instituted against the Crown in a Magistrate’s
Court an application | in that behalf is mine by the
Crown to the Supreme Court, and there is pro-
duced to the Court a certificate of the Crown
Attorney to the effect that the proceedings may
involve pn important question of law, or may be
decisive of other cases arising out of the same
matter, or are for other reasons more fit to be tried
in the Supreme Court, the proceedings shall he
removed into the Supreme Court.

(2) Where any proceedings have been removed
into nw. Supreme Gourt on fie production of such
a certificate as aforesaid, and it appears to the

MonrseRRat,

Parties to
proceedings.

Service of
documents.

Removal and
transfer of
proceedings,



MONTSERRAT,

Nature of
Relief

Costs in civil
proceedings to
which the
Crown is a

party.

14 Crown Proceedings. No. 12 of 1954.

court by whom the proccedings are tried that the
removal has occasioned additional expense to the
person by whom the proceedings are brought, the
court may take weeount of the additional EXPENSE SO
eecasioned in exereising: its powers in regard to the
award of costs:

Provided that an order for the transfer to a
Magistrate’s Court of any proceedings against the
Crown 4 in the Supreme Court shall not be mace
without the consent of the Crown.

16. Inany civil proceedings by or against
the Crown the court shall, subject as hereinafter
provided, have power to make all such orders as it
has power to make in proceedinys between subjects,
and otherwise to give such appropriate relief as the
case may require:

Provided - at—

(a) where in any proceedings against the
Crown any such relief is sought. as might in
proceedings between gee vets be granted by
way of injunction or specific performance, the
court shall not grant an injunction or make an
order for specific performance, but may in
lieu thereof make an order declaratory of the
rights of the parties: and

(6) in any proceedings against the Crown
for the recovery of land or other property the
court shall not make an order for the recovery
of the land or the delivery of the property, but
may in lieu thereof m: ake an order decla wing
that the plaintiff is entitled as agaist ce
Crown to the laud or property or to the
possession thereof.

(2) The court shall not in any civil proceed-
ings grant any injunction or make any order against
an officer of the Crown if the effect of granting the
injunction or making the order w ould be to give
any relief against fie. Crown which could not have
been acd in proceedings against the Crown.

17.) Is any civil proceedings by or against the
Crown, the costs of and incidental to the proceed-
ings shall be awarded in the same manner and on
the same principles as in cases between subjects, and



No. 12 of 1 95-4, cy OGL Proc, edn. 15

the court shall have power to make an order for

the payment of costs by or to the Crown aecord-
ingly.

18. All enactments, rules of court and Magis-
trates’ Courts rules relating to appeals and stay of
execution shall, with such modifications as may be
prescribed, apply to civil proceedings by or against
the Crown as they apply to proceedings between
subjects.

19. (1) Subject to the provisions of this sec-
tion, any reference in this Part of this Ordinance
to civil proceedings by the Crown shall be con-
strued asa reference to the following proceedings
only :—

(a) proceedings for the enforcement or
vindication of any right or the obtaining of
any relief which, if this Ordinance had not
been passed, might have been enforced or
vindicated or obtained—

(i) by proceedings for the recovery
of chattels or money by way of
damages or otherwise, or any
hereditament or an account and
payment from any defaulting
officer or other person or cor-
poration or by the writs of
capias ad respondendum, writs
of subpana ad respondendum,
writs of appraisement, writs of
scire jacias, and by proceedings
for the determination of any
issue upon a writ of extent or
of. diem clausit extremum,

(ii) by an action at the suit of the
Crown Attorney or a particular
officer of the Crown;

(b) all such proceedings as the Crown is
entitled to bring by virtue of this or any other
Ordinance, or any law,

and the expression “civil preceedings by cr against
the Crown ”’ shall be construed accordingly.

MONTSERRAT,

Appeals and
stay of
execution,

Scope of
Part IL.



MONTSERRAT,

Tuterest on
debts. damages
and costs,

Cap. 10,

Satisfaction
of orders
against the
Crown,

16 Crown Proceedings. No. 12 of 1954.

(2) Subject to the provisions of this section,
any reference in this Part of this Ordinance to civil
proceedings against the Crown shall be construed
as a reference to the following proceedings only :—

(a) proceedings for the enforcement or
vindication of any right or the obtaining of
any relief which, if this Ordinance had not
been passed, might have been enforced or
vindicated or obtained by an action against
the Attorney General; and

(6) all such proceedings as any person is
entitled to bring against the Crown by virtue
of this or any other Ordinance, or any law,

and the expression “ civil proceedings by or against
the Crown” shall be construed accordingly.

(3) Notwithstanding anything in the preced-
ing provisions ef this section, the provisions of this
Part of this Ordinance shall not have effeet with
respect to any proceedings brought by the Crown
Attorney on the relation of some other person or to
proceedings in connection with any charitable trusts.

PART III.
JUDGMENTS AND EXECUTION,

20. (1) Section 7 of the Judgements Act
(which provides that judgement debt shall carry
interest) shall apply to judgment debts due from or
to the Crown.

(2) Where any costs are awarded to or against
the Crown interest shall be payable upon those costs
unless the court otherwise orders, and any interest
ko payable shall be at the same rate as that at which
interest is payable upon judgment debts due from
or to the Crown.

(3) This section shall apply both in relation
to proceedings pending at the ‘commencement of
this Ordinance and in. relation to proceedings
instituted thereafter,

21. (1) Where in any eivil proceedings by or
against. the Crown, or in connection with any
arbitration to which the Crown is a party, any
order (including an order for costs) is made by any



No. 12 of 1954, Crown Proceedings, 7

court in favour of any person against the Crown,
the proper officer of ‘the court shall, on applica-
tion in that behalf made by or on behalt of
that person at any time after the expiration of
twenty-one days from the date of the order or, in
ease the order provides for the payment of eats
and the costs require to be taxed, 7 any tine afte
the costs have been taxed, whichever is the later,
issue to that person a certificate in the prescribed
form containing particulars of the order:

Provided that, if the court so directs, a separate
certificate shall be issued with respect to the costs
(if any) ordered to be paid to the applicant.

(2) A copy of any certificate issued under this
section may be served by the person in whose
favour the order is made upon the particular officer
of the Crown concerned, or the Crown Attorney, an
the case may be,

(3) If the order provides for the payment of
any money by way of damage or otherwise, or of
any costs, the certificate shal i state the amount so
payable, and it shall be lawful for the Governor by
warrant under his hand to direct the amount appear-
ing by the certificate to he due, to be paid to the
person entitled thereto or to his solicitor, together
with the interest, if any, lawfully due thereon:

Provided that the court by which any such
order as aforesaid ig made or any court to w hich an
appeal against the order lies may direct that, pend-
ing an eppeal or otherwise, payment of the whole
of any amount so payable, or any part thereof, shall
be suspended, and if the certificate has not been
issued may order any such directions to be inserted
therein.

(4) Save as aforesaid and subject to rules of
court no execution or attachment or process in the
nature thereof shall be issued out of any court for
enforcing payment by the Crown of any such
amount or costs as aforesaid, and the Crown
Attorney or other officer of the Crown as the party
in whose name civil proceedings by or against the
Crown have been instituted shall not be personally
liable under any order for the payment by the

MoNnTSBRRAT,



‘IONLSERRAT,

Tixecution by
the Crown,

Cap. 7.

Cap. 135,

Attachment of
moneys pay-
able by the
Crown.

18 Crown Proceedings. No, 12 of 1954,

Crown, or the Crown Attorney, or other officer of
the Crown as such, of any such money or costs.

(5) This section shall apply both in relation
to proceedings ‘pending at the commencement of
this Ordinance and in relation to proceedings
instituted thereafter.

22. (1) Subject to the provisions of this
Ordinance, any order made in favour of the Crown
against any person in any civil proceedings to which
the Crown is a party may be enforced in the same
manner «as an order made in an action between
subjects, and not otherwise.

(2) Sections 4 and 5 and the Debtors Act
(which provide respectively for the abolition of
imprisonment for debt, and for saving the power
of committal in case of judgment debts) shall apply
to sams of money payable and debts due to the
Crown:

Provided that for the purpose of the application
of the said section 4 to any sum of money payable or
debt due to the Crown, the section shall have effect
as if there were included among the exceptions
therein mentioned default in payment of any sum
payable in respect of stamp duty under section 74
of the Stamp Act.

(3) Nothing in this section shall affect any
procedure which immediately before the commence-
ment of this Ordinance was available for enforcing
an order made in favour of the Crown in proceed-
ings brought by the Crown for the recovery of any
fine or penalty, or the forfeiture or condemnation
of any goods, or the forfeiture of any ship or any
share in a ship.

23. (1) Wherc any money is payable by the
Crown to some person who, under any order of any
court, is liable to pay any money to any other
person, and that other person would, if the a
so payable by the Crown were money payable by a

subject, be entitled under rules of court to obtain
an order for the attachment thereof as a debt
due or accruing due, or an order for the appoint.
ment of a sequestrator or receiver to receive the



No. 12 of 1954. Crown Proceedings. 19

money on his behalf, the Supreme Court may,
subject to the provisions of this Ordinance and in
accordance with rules of court, make an order
restraining the first-mentioned person from receiv-
ing that money and directing payment thereof to
that other person, or to the sequestrator or receiver:

Provided that no such order shall be made in
respect of :—

(a) any wages or salary payable to any
officer of the Crown as such;

(4) any money which is subject to the
provisions of any enactment prohibiting or
restricting assignment or charging or taking in
execution; or

(c) any money payable by the Crown to
any person on account of a deposit in the
Government Savings Bank.

(2) The provisions of the preceding subsection
shall, so far as they relate to formes of rchef falling
within the jurisdiction of a Magistrate's Court have
effect in relation to Magistrates’ Courts as they
have effect in relation to the Supreme Court but
with the substitution of a reference to Magistrates’
Courts Rules for any reference in the said sub-
section to rules of court.

PART IV.
MISCELLANEOUS AND SUPPLEMENTAL.

24. (1) Subject to and in accordance with
rules of court:—

(a) in any civil proceedings in_ the
Supreme Court or the Court of Summary
Jurisdiction to which the Crown is a party,
the Crown may be required by the court to
inake discovery of documents and produce
documents for inspection; and

(/) in any such proceedings as afore-
said, the Crown may be required by the
court to answer interrogatories;

MONTSERRAT

Discovery.



MONTSERRAT.

Execution of
proceedings in
rem against
the Crown.

20 Crom Proceedings. No, 12 of 1954.

Provided that this seetion shall be without
prejudice to any rule of law which authorises or
requires the withholding of any document or the
vefusal to answer any question on the ground
that the disclosure of the document or the
answering of the question would be injurious to
the public interest.

Any order of the court imade under the
powers conferred by paragraph () of this sub-
section shall direet by what officer of the Crown
the interrogatories are to be answered.

(2) Without prejudice to the proviso to the
preceding subsection, any rules made for the
purposes of this section shall be such as to secure
that the existence of a document will not be
disclosed if, in the opinion of the Governor, it
would be injurious to the public interest to dis-
close the existence thereof.

25. (1) Nothing in this Ordinance shall
authorise proceedings i rem in respect of any
claim against the the Crown, or the arrest,
detention or sale of any of [ler Majesty’s ships
or aireralt, or of any cargo or other property
belonging to the Crown, or give to any person
any lien on any such ship, aircraft, cargo or
other property.

(2) Where proceedings in vem have been
instituted in the Supreme Court, the Court of
Summary Jurisdiction or ina Magistrate’s Court
against any such ship, aircraft, cargo or other
property, the court may, if satisfied, either on an
application by the plaintif fee an order under
this subsection or an application by the Crown
to set aside the proceedings, that the proceedings
were so instituted by the plaintiff in’ the
reasonable belief that the ship, aireraft, cargo or
other property did not belong to the Crown, order
that the proceedings shail be treated as if they
were dn person, duly instituted against the
Crown in accordance with the provisions of this
Ordinance, or duly instituted against any other
person whom the court regards as the proper
person to be sued in the circumstances, and that

the proceedines shal! eontinue accordinely.
a dD Deed



No. 12 of 1954. Crown Proceedings. 21

(3) Any such order may be made upon such
terms, ifany, as the court thinks just; aud where
the court makes any such order if may make
such consequential ‘orders as the court thinks

expedient.

26. Nothing in this Ordinance shall pre-
judice the right of the Crown to rely upon the
law relating to the limitation of time for bring-
ing proceedings against public authorities.

27. (1) This Ordinance shall not prejudice
the right of the Crown to take advantage of the
provisions of any Federal Act or any Presidential
Act or Ordinanee although not named therein,
and it is hereby declared that in any civil pro-
ceedings against the Crown the provisions of any
Federal Act or Presidential Act or Ordinance
which could, if the proceedings were between
subjects, be relied upon by the defendant as a
defence to the proceedings, whether in whole or
in part, or otherwise, may, subject to any express
provision to the contrar y, be so relied upon by
the Crown.

(2) Section 6 of the Debtors Act (which
empowers the vourt in certain circumstances to
order the arrest of a defendant about to quit the
Colony) shall, with any necessary modifications,
apply to civil proceedings brought by the Crown,

28. No claim by or against the Crown, and
no proceedings for the ni orcement of any such
claim, shall abate or be affected by the demise of
the Crown.

29. (1) Any power to make rules of court
or Magistrates Courts’ rules shall include power to
mnuke rules for the purpose of giving effect to the
provisions of this Ordinance, and any such rules
may contain provisions to have effect in relation
tO any proceedings by or against the Crown in
substiution for or by we Ly of addition to any of
the provisions of the rules applying to proceedings
between subjects.

MONTSERRAT,

Limitation of
actions.

Application to
the Crown of
eertain statu-
tory provi-
sions.

Cap. 7.

No abatement
on demise of
Crown,

Rules of court,



Montserrat. 99 Crown Proceedings. No. 12 of 1954.

(2) Provisions shall be made by rules of court
and Magistrates’ Courts rules with respect to the
following matters: —

(a) for providing fer sc vice of process,
or notice thereof, in the case of proceedings
by the Crown against persons, whether British
subjeers or not, who are not resident in the
Colony ;

(6) for securing that where any civil
proceedings are brought against the Crown
ino accordanee with the enna of this
Ordinance the plaintiff shall, Lefore the Crown
IS ae to take any step in the proceedings,
provile the Crown with such information as
the Crown may reason: ably require as to the
circumstances in which it is alleged that the
liability of the Crown has arisen and as to
the departments and officers of the Crown
concerned ;

(c) for providing that in the case of
proceedings against the Crown the penne
all not enter judgment against the Crown
in default of appearance or pleading without
the leave of the court to be obtained on an
applicauion of which notice has been given to
the Crown;

(d) for excepting proceedings brought
against the Crown from the operation of any
rule of court providing for summary judgment
without trial;

(¢) for authorising the Crown to deliver
interrogatories without leave of a court in
any proceedings for the enforcement of which
proceedings by way of Knelish information
might have been taken if ohne Ordinance had
hot been passed, so, however, that the Crown
shall not be entitled to deliver any third or
subsequent interrogatories without the leave
of the court;

(7) for enabling evidence to be taken
on commission in proceedings by or against
the Crown;



No. 12 of 1954. Crorn Preceedtnys 23

(1) for providing:—

\e

(i) that a person shall not be entitled
to avail himseli of any set-off or
counterclaim in any proceedings by
the Crown for the recovery of taxes,
duties or penalties, or to avail him-
self in procecdings of any other
nature by the Crown of any set-off
or ccunterclaim arising out of 4
right or claim to repayment in
respect of any taxes, duties or
penalties ;

(ii) that a person shall not be entitled
without the Jeave of the court toavail
himself of any set-off or counter-
claim in any proceedings by the
Crown if either the subject matter
of the set-off or counterclaim does
not relate to a Government depart-
ment connected with the proceedings
or the proceedings are brought in
the name of the Crown Attorney;

(iii) that the Crown when sued, and its
alleved liability has arisen through
the acts of a government department,
shall not without the leave of the
court be entitled to avail itself of
any set-off or counterclain if the
subject matter thereof does not
relate to that department;

(iv) that the Crown when sued otherwise
than as is mentioned in paragraph
(iii) shall not avail itself of any
set-off or counterclaim without the
leave of the court.

80. Save as otherwise expressly provided,
the provisions of this Ordinance shall not affect
proceedings instituted under the Crown Suits Act
before the commencement of this Ordinance; and
for the purposes of this section such proceedings
being claims against the Government of the
Presidency and of the same nature as cliims which

MonTseRRAYT.

Pending
procecdings.

Cap. 6,



MONTSERRAT.

23 & 24 Vict,
c. 34,

Financial pro-

visions,

Savings,

24 Cron Proceedinas. No, 12 of 1954,

could have been preferred against the Crown in
England under the Petitions of Right Act, 1860,
shall be deemed to have been so instituted if
a statement of claim with respect to the matter in
question is filed with the Registrar of the Suprem>
Court for transmission to the Colonial Secretary
before the conmencement of this Ordinance.

Bl. (1) Any expenditare incurred by or
on behalf of the Crown in right of Her Majesty’s
Government in the Presidency by reason of the
passing of this Ordinance shall be defrayed out of
moneys to be provided by the Legislative Couneil
of the Presidency,

(2) Any sums pavable to the Crown in right
of Her Majesty’s Government in the Presidency
by reason of the passing of this Ordinance shall
be paid into the Treasury of the Presidency to
the credit of the general revenue,

82. (1) Nothing in this Ordinance shall
apply to proceedings by or against, or authorise
proceedings in tort to be brought against, Her
Majesty in Her private capacity.

(2) Except as therein otherwise expressly
provided, nothing in this Ordinance shall-—

(a) affect the law relating to pr ize salvace,
or apply to proceedings 1 In causes or matters
within the jurisdiction of the Supreme
Court as a prize court or to any criminal
proceedings; or

(4) authorise proceedings to be taken
against the Crown under or in accordance
with this Ordinance in respect of an alleged
liability of the Crown arising otherwise than
in respect of [fer Majesty’s Government in
the Presideney; or affect proceedings against
the Crown in respect of any such alleged
liability as aforesaid; or

(c) affect any proceedines by the Crown
otherwise than in right of Her Majesty's
Government in the Presidency ; or



No 12 of 1954. Crown Proceedings. on

(d) subject the Crown to any greater
linbilities in respeet of the acts or omissions
of anv independent contractor employed by
the Crown than those to which the Crown
would be subject in respect of sach acts or
omissions if it were a private person; or

(¢) affect any rules of evidence or any
presumption relating to the extent to which
the Crown is bound by any Federal Act or
Presidential Act or Ordinance; or

(7) affect anv right of the Crown to
demand a trial at bar or to control or other-
Wise intervene in proceedings affecting its
rights, property or profits,

and without prejudice to the general effect of the
foregoing provisions, Part IIT of this Ordinance
shall not apply to the Crown except in right of
Her Majesty’s Government in the Presidency.

(3) A certificate of the Governor:—

(a) to the effect that any alleged liability
of the Crown arises otherwise than in
respect of Her Majesty’s Government in the
Presidency ;

(4) to the effect that any proceedings
by the Crown are proceedings otherwise than
in right of Her Majesty’s Government in the
Presidency,

shall, for the purposes of this Ordinance, be
conclusive as to the matters so certified.

(4) Where any property vests in the Crown
by virtue of any rule of law which operates
independently of the acts or the intentions of the
Crown, the Crown shall not by virtue of this
Ordinance be subject to any liabilities in tort by
reason only of the property being so vested: but
the provisions of this subsection shall be without
prejudice to the liabilities of the Crown under
this Ordinance in respect of any period after the
Crown or any person acting for the Crown has
in fact taken possession or control of any such
property, or entered into oecupation thereof,

MONTSERRAT.



MonrTseRRat.

Commence-
ment,

26 Crown Proceedings. No. 12 1954.

(5) This Ordinance shall not operate to limit
the discretion of the court to grant relief by way
of mandamus in cases in which such relief might
have been granted before the commencement of
this Ordinance, notwithstanding that by reason of
the provisions of this Ordinance some other and
further remedy is available.

33. This Ordinance shall come into opera-
tion on a day to be appointed by the Governor by
proclamation published in the Gaceéte.

CHARLESWORTH Ross,
President.

Passed the Legislative Council this 15th day
of July, 1954.

Jas. H. Carrort,
Clerk of the Couneil.

ANTIGUA



Printed at the Government Printing Office, Leeward Islands,
by E. M, BLAcK MAN, Government Printer..-By Authority.

1954,

~490—9.54. Price 28 eents.



Full Text
VOL. LXXXII.

171

THE LEEWARD ISLANDS

GAZETTE.
Published by Authority.

THURSDAY, 9TH SEPTEMBER, 1954.

No. 438.







Notices.

BY THE GOVERNOR OF THE
LEEWARD ISLANDS.

A PROCLAMATION. -

P. D. MACDONALD,
Acting Governor

Public Holidays Act, 1954, it is
vided that the suid Act shall
into operation on aday to be ap
ed by the Governor by proclam
published in the Gazette.

NOW, THEREFORE, I, Parrich
DONALD MACDONALD, a Companion
of the Most Distinguished Order of
Saint Michael and Saint George, Act-
ing Governor and Commander in
Chief in and over the Colony of the
Leeward Islands and Vice Admiral of
the same, do by this my proclamation
declare that the said Act shall come
into operation on the 10th day of
September, 1954.

AND all Her Majesty’s loving sub-
jects in the said Colony and all others
whom it may concern are hereby re-
quired to take due notice hereof and
give their ready obedience accord-
ingly.

GIVEN at the Government House,
Antigua, this 2nd day of Sep-
tember, 1954, and in the third
year of Her Majesty’s reign.

GOD SAVE THE QUEEN!

BY THE GOVERNOR OF THE
LEEWARD ISLANDS.

: A PROCLAMATION.

P. D. MACDONALD,
Acting Governor.

WHEREAS by section 20 of the
Forgery Act, 1954, it is provided that
the said Act shall come into operation
on a day to be fixed by the Governor
by proclamation published in the
Gaeette.

NOW, THEREFORE, I, PATRICK
DONALD MACDONALD, a Companion
of the Most Distinguished Order of
Saint Michael and Saint George, Act-
ing Governor and Commander in
Chief in and over the Colony of the
Leeward Islands and Vice Admiral of

329.7297
4 of E7&










the same, do by this my proclama-
tion declare that the said Act shall
come into operation on the 10th day
of Sepiember, 1954.

AND all Her Majesty’s loving sub-
jects in the said Colony and all others
whom it may concern are hereby re-
quired to take due notice hereof and
Wai ready obedience accord-

ase aes

Government House,
is 2nd day of Sep-



@fied for general informa-
hat Mr. REGINALD &.
KAZANJIAN has been appointed Con-
sul of the United States at Barbados
with jurisdiction incinding the
Leeward Islands. : =

The Exequatur empowering Mr.
KAZANJIAN to act in the above
mentioned capacity received Her
Majesty’s signature on the 30th July,
1954.

The Secretariat,
Antigua.

3rd Septemler, 1954.

Ref. No. 19/00009,

It is hereby notified for general
information that the tender for the
supply of an additional quantity of
5000 half bags of flour for the period
August to October, 1954, has been
awarded to Messrs. 8S. R. MENDES,
Ltd., Local Agents for Messrs.
WOODVILLE & Co. (Can.) Ltd. Mon-
treal, Canada at a price of $4.70

{Canadian Currency) C.I.F. Antigua

per bag of 100 Ib.

Administrator’s Office,
Antigua.
1st September, 1954.

Ref. No. A. 40/18.



No. 82.

The following Ordinances are cir-
culated with this Gazette and form
part thereof :—-

Montserrat.

No. 11 of 1954, “The Hotels Aid
Ordinance, 1954.”
9 pp. Price 11 cents.

No. 12 of 1954, **The Crown Pro-
ceedings Ordinance, 154.”
26 pp. Price 28 cents.

Registrar General's Office,
St. John’s, Antigua.
28th August, 1954.

In accordance with the provisions
of Section 16 of the Marriage Ordi-
nance, 1923, the following Building
has been registered in the Presidency
of Antigua as a Building where
Banns of Marriaga may be publish-
ed :—

Kingdom Hall of Jehovah Wit-
nesses at Market Street, St. John’s.

J. D. B. RENWICK.
Ag. Registrar-General



In the Supreme Court of the
Windward Islands and
Leeward Islands.

ANTIGUA CIRCUIT.

NOTICE IS HEREBY GIVEN that
in pursuance of Rules made by the
Chief Justice under section 16 of the
Windward Islands and Leeward Is-
lands Courts Order in Council, 1939,
on the 24th day of September, 1941,
as amended, the Honourable the Act-
ing Chief Justice selected for the
sitting of the Court in the Antigua
Circnit has appointed the undermen-
tioned day on which the ensuing
Circuit shall sit in the Presidency,
that is to say:—





On Monday the 4th day of October,
1954, at 10 o’clock in the forenoon.

Dated the 7th day of September,
1954.
J. D. B. RENWICK,
Ag. Registrar, Antigua Ciroutt.



LEEWARD ISLANDS

The Patents Act, 1906, Cap.
14'7, Federal Act.

Acceptance of Complete Specification.

In the matter of an applica-
tion by Mathieson Chemical
Corporation, of Ten Light
Street, Baltimore 3 State of
Maryland, United States of
America, for Letters Patent
for an Invention for ‘‘Im-
provement relating to skin-
protective lotions. ”
THE

Notice is herehy given that the
Complete Svecitication left with the
above application on the 18th day of
August, 1954, has been accepted and
that the said application and specifi-
cation will be open to public inspec-
tion at any time between the hours of
10 am. and 4 p.m. on all’ working
days except Thursdays and Saturdays
whe the hours will be from 10 a.m.
to 1 p.m.

i72

Any person desiring to oppose the
grant of Letters Patent on the above

appliction on any of the grounds allow- |

ed by the above cited Act may give
notice of such opposition in the
prescribed manner at the Registrar’s
Office cbovementioned at any time
within three months from the date of
this advertisement.

J. D. B. RENWICK,

Ag. Ragistrar of Patents.

Registrar’s Office,
St. John’s, Antigua,
30th August, 1954.



TRADE MARKS OFFICE,
ANTIGUA, 30th August, 1954.

BAXTER LABORATORIES INC.,
of Morton Grove, State of Illinois,
United States of America have applied
for Registration of one Trade Mark
consisting of the following:—

BAXTER

in Class 3 that is to say: Pharmacen-
tical and medicinal preparations,
including fluids for parenteral use
comprising water for injection; dext-
rose in water; dextrose and sodium
chloride in water; sodium chloride
in water; dextrose and vitamins in
water; dextrose, sodium chloride and
vitamins in water; dextrose, alcohol,
sodium chloride, and vitamins in
water; dextrose; alcohol, and vita-
mins in water; sodium chloride, po-
tassium chloride, and calcium chloride
in water; dextrose, sodium chloride,
potassium chloride, and calcium chlo-
ride in water; sodium R-lactate in
water; sodium R-lactate, sodium chlo-
ride, potassium chloride, and calcium
chloride in water; sodium R-lactate,
sodium chloride, potassium chloride,
calcium chloride, and dextrose in
water; dextrose, alcohol, and sodium
chloride in water; dextrose and alco-
hol in water; hydrolyzed protein in
water; dextrose and protein hydroly-
sate in water; alcohol, dextrose, and
protein hydrolysate in water; acacia
and sodium chloride in water; invert
sugar in water; histamine diphos-
phate and potassium chloride in
water; histamine diphosphate and
sodium chloride in water; sodium

LEEWARD ISLANDS GAZETTE,

sulfate in water; injectable pyrogen;
sterile nonpyrogenic distilled water
used as a diluent for parenteral
injection solutions, and medical prep-
arations for tropical application
comprising pectin jelly.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods since Octo-
ber 19, 1931, before the date of their
said Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade Mark.

J. D. B. RENWICK,

Ag. Registrar of T'rade Marks.



TRADE MARKS OFFICE,

ANTIGUA, 2nd September, 1954.

THE SHREDDED WHEAT COM-
PANY LIMITED, of Welwyn Garden
City, Hertfordshire, England, have
appliedjfor Registration of one Trade
Mark consisting of the following:—

Shreddies

in Class 42 that is to gay: Substances
used as food or ingredients in food,
biscuits, cakes, cereal foods products
and bakery products.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods since 13th
April, 1953, before the date of their
said Application. ©

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to regis-
tration of the said Trade Mark.

J. D. B. RENWICK,

Aoting Registrar of T'rade Marks.



TRADE MARKS OFFICE,
ANTIGUA, 2nd September, 1954.

H. 8. WHITESIDE & CO., LTD.
of Parkhouse Works, Parkhouse
Street, Camberwell, London, 8.E. 5,
have applied for Registration of one
Trade Mark consisting of the follow-
ing:—

SUN-PAT

in Class 42 that is to say: “ Substances |

used as food or as ingredients in
food.”

[9 September, 1954.

The Applicants claim that they
have used the said rade Mark in
respect of the said goods for 24 years
before the date of their said Applica-
tion.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islunds Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade Mark.

J. D. B. RENWICK,
Ag. Registrar of Trade Marks,



Sale of X-Ray Equipment.

Tenders are invited for the pur-
chase of the Main X-Ray Diagnostie
equipment which was installed at the
Barbados General Hospital in 1941,
consisting of—

(i) Watson’s Roentgen 1V High
Tension Generator with Con-
trol Table.

(ii) Watson’s Autonome II Motor-
Driven Couch with tube
stand.

Gii) Upright Chest and Sinus stand
incorporating vertically
mounted Potter Bucky Dia-
phragm complete with ad-
justable chair.

(iv) Accessories for above equip-
ment including overhead
shockproof system, tubes, etc,

2. This equipment, which may
be inspected on application to the
Specialist Radiologist, General Hospi-
tal, will shortly be dismantled, and
the purchaser will be responsible for
its removal from the Hospital.

3. Tenders should be in sealed
envelopes marked “ Tender for X-Ray
Equipment” and addressed to the
Chief Secretary, Public Buildings,
Bridgetown, Barbados, to reach him
not later than the 15th September,
1954.

4. The Government does not bind
itself to accept the highest or any
tender.

Ref. No. A. 66/46.



RAINFALL FIGURES.

Central Experiment Station,



Antigua.

1950. 1951. 1952. 1953. 1954,

Jan, 5.41 3.60 2.41 1,938 3,04
Feb. 2.52 1,88 1.60 1.02 2.45
Mar. 1.58 1.09 1.62 5.60 1.08
Apr. 2.44 2.16 3.14 2.06 49
May 2.06 10.54 3.07 1.50 3.83
June 1.66 2.74 5.7 131 3.32
July 185 3.28 838 320 3.47
Aug. 10.71 9.18 8.43 3.16 5.63
Sept. 4, 287 63 135 .04 3.50
31.10 35.10 35.74 19.81 27.118









—————.

— a
9 September, 1954. THE LEEWARD ISLANDS GAZETTE. 1%3

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND
LEEWARD ISLANDS.

MONTSERRAT CIRCUIT

(Civil Jurisdiction)

Between:—
Nesuie Kine Plaintiff
and
JoHN LinzEy Defendant.
Before: DATE, J.

J. A. Mgapr for Plaintiff
J. R. Henry for Defendant

JUDGMENT.

Around 1.30 #.m. on 30th March, 1952, the plaintiff, who had hired the defendant’s car, was
being driven from St. Patrick’s to Plymouth by the defendant's chauffeur, George Piper. There was
no one else in the car, which is a right-hand drive; the plaintiff was sitting in the front seat, to the
left of the driver; his left elbow was resting on the left front door. It had been raining and the road
was wet. After taking a not very sharp right-hand bend at Kinsale Gut, the car left the read and
collided with « telephone post a foot or two to the west of the road. There was no other vehicle or
any pedestrian on the road at the time. The left side of the car came into contact with the teleplone
post and was badly damaged, and the plaintiff's left arm was fractured. He was immediately taken
to the Glendon Hospital where he remained for fifty six days. Despite continued treatment thereafter,
there ix still marked stiffness of the left shoulder joint with limitation of the power of abduction, also
marked thickening of the bone above the middle of the arm #nd limitation of flexion and supination
at the elbow joint. His permanent partial disablement has been estimated to be thirty per cent of his
earning capacity.

At the time of the accident the plaintiff was a Police Constable, Leeward Islands Police
Force, in receipt of salary at the rate of £18. 2. 2 per month. Asa result of his injury he was put
on half-pay leave from Ist October, 1952, to 23rd January, 1958, when he was discharged as unfit
for further service in the Police Force, with pension at the rate of £3. 6.8 per month. Before
joining the Police Force he was a carpenter, but, though right-handed, he is, owing to the injure
to his left arm, unable properly to follow that trade and will probably have to adapt himself to some
new mode of earning a livelihood. He was about thirty years old at the time of the accident. His
claim, founded in negligance, is for £2,500 damages.

The particulars of negligence filed are as follows:—

“When taking the bend in the road at Kinsale Gut, defendant’s servant negligently
drove the motor car at so rapid and dangerous a pace that the car swerved violently to the
left, ascended the mound on the left border of the road, some sixty feet away from the bend,
and struck the telephone pole with such force as to dislodge it

Measurements taken by Corporal Riley in the presence of the defendant a few hours after
the accident showed the width of the road to be 14 fect and the width of the car 5 feet 3 inches.
The distance from “the bend” to the telephone post was stated to be 68 feet. On the western side of
the road there was a distinct mark as of a dragging tyre for 40 feet, leading to the telephone post.
The defendant admitted to Corporal Riley that it was made by one of the left wheels of his car.

In a statement taken from the plaintiff by the Police a few hours after the accident, when
the plaintiff could hardly have fully recovered from the shock sustained by him, he is recorded as
having estimated the speed of the car at 20 to 25 miles per hour. In his evidence in Court he said
the car was travelling faster than that. This latter estimate is, in my opinion, more consistent with
the evidence given by Corporal Riley.

Evidence was also given to the effect that about two weeks before the accident P. ©. Drew
observed that the front tvres of the car were badly worn and advised Piper to get rid of them.
He agreed to do so but did not. His explanation of the accident is delightfully simple: he was
driving at only about 10 miles per hour; at the bend in question there was sand on the road; he did
not observe it was wet—and “the car actually automatically picked up a skid.”
174 THE LEEWARD ISLANDS GAZETTE. [9 September, 1954.

On the evidence before me, particularly that of Corporal Riley, I do not believe that there
was any sand on the road; nor, «us already indicated, am I persuaded that the car was being driven
at anything like 10 miles per hour; but I do believe that it skidded, and I agree that a skid by itself
is neutral: it may or may not be due to negligence. [am quite satisfied, however, that this skid was
due to the driver’s negligence. He was driving too rapidly having regard to the wet condition of
the road and to the bend which he had to negotiate; it was the sudden application of the brakes,
necessitated by attempting to take the bend at that speed, which caused the car to skid on the
wet road and collide with the telephone post.

Drivers of motor vehicles are not insurers of their passengers or of other people using the
road, but it is the duty of every driver to use such care as would be displayed by a reasonable or
reasonabiy prudent driver in the given circumstances. ‘If roads are in such a condition that a motor
car cannot safely proceed at all, it is the duty of the driver of the motor car to stop. If the roads
are in such a condition that it is not safe to go at more than a foot pace, his duty is to proceed at
a foot’s pace.” —Laurie v. Raglan Building Company Lid., (i942) 1 K.B. 152 at pp. 154 and 155,
per Lord Greene M.R.

Cl aure As regards the quantum of damages to be awarded, I propose to follow the well-known
case of Philips v. South Western Railway Co., (1879) 4 Q.B. 406, where it was held that the heads
of damage in respect of which a plaintiff complaining of personal injury is entitled to compensation
are, “‘the bodily injury sustained; the pain undergone; the effect on the health of the sufferer, according
to its degree and its probable duration as likely to be temporary or permanent; the expenses incidental
to attempts to effect a cure, or to lessen the amount of injury; the pecuniary loss sustained through
inability to attend to a profession or business as to which, again, the injury may be of a temporary
character, or may be such as to incapacitate the party for the remainder of his life.” It is, of course,
easier to state these principles than to apply them, but giving the matter the best consideration I can,
I assess the damages in the present case at £825. 16 0, of which £25. 16, 0 is for medical and
hospital expenses and massage.

Judgment will accordingly be entered for the plaintiff for £825. 16. 0 and costs.

W. A. Date,
Puisne Judge.

August, 1954.

i
GOVERNMENT SAVINGS BANK STATISTICS: LEEWARD ISLANDS.

All figures in British West Indian dollars.
Number of reporting banks: 4.
Figures for end of quarter 80th June, 1954.

LIABILITIES $ ASSETS $
1. Notes in circulation Nil 1. Cash (in Treasury) 180,716.05
2. Deposits 2,187,412.33 2. Balances due by other banks
(i) Demand —Nil ' in Colony Nil
(ii) Time —Nil

(iii) Savings 2 187,412.33

3. Balances due to ! 3. Balances due from banks abroad
(a) Other banks in Colony Nil and other short claims Nil
(6) Banks abroad Nil
4. Other Liabilities 44,951.20 4. Loans and Advances Nil
5. Investments— 1,940,302.33
(a) Local : 269,453.62
(0) Other 1,670,848.71L
6. Other Assets 111,345.15

Total Liabilities 2,232,363.53 Total Assets 2,232,363.53


9 September, 1954] THE LEEWARD ISLANDS GAZETTE. 175

TRADE MARKS OFFICE,
Antigua, 2nd September, 1954.
ARTHUR FRANCIS ALEXANDER TURNER of 8t. John’s, Antigua, has applied for

Registration of one Trade Mark consisting of the following:—



in Class 44 that is to say: In the bottling of natural and mineral waters including ginger beer.

The Applicant claims that he has not used the said Trade Mark in respect of the said goods
before the date of his said Application.

Any person may within three months from the date of the first appearance of this Advertise-
ment in the Leeward Islands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of
opposition to registration of the said Trade Mark.

J. D. B. Renwicx,
Acting Registrar of Trade Marks.
176 THE LEEWARD ISLANDS GAZETTE. 9 September, 1954.
ANTIGUA.

Control of Imports and Exports

Notice No. 4 of 1954
TENDER FOR FLOUR

Tenders are invited for the supply of 15,000 half bags of 100 lb each “KE” grade flour from
Local Commission Agents of Canadian Flour Mills. Quotations should be C.I.F. Antigua and should
include agents commission. Tenders should indicate whether they would be prepared to accept any pro-
portion of the 15,000 bags say 5,000 bags and if so at what price.

2. The “E” grade flour must be milled solely from Canadian Hard Spring Wheat not lower
in grade than No. 3 northern and must be of the following minimum standard:—

Maximum moisture a 14.00%
Maximum ash a 52%
Minimum protein tee 12.00%

All flour to be enriched in accordance with the following:—

Minimum. Maximum.
Thiamine 2.0) 2.5 milligrams for each Ib. flour
Riboflavine 1.2 1.5 ” ” ”
Niacine 16.0 20.0 3 ” 7
Tron 13.0 16.5 ” ” ”
With Calcium Car-
bonate 500 600 ” ” ”

The name of the miller, analysis of the flour, the enrichment standard and brand name should
be stated in the tender. Chemist’s certificate showing analysis of the flour, enrichment standard and
duly notarised must accompany documents. The Supply Officer however, exercises the right to arrange
for samples to be drawn and analysed on his behalf.

Shipping documents must include date of shipment of all flour and must indicate that it is en-
riched and “ Vitamin Enriched Flour” must be stencilled on each bag.

3. Flour to be loaded at Montreal, Halifax or St. John and shipped at rate of 5,000 half
bags of 100 lb each month commencing early November 1954 and ending in January 1955. A notice
of the award will be made and the price accepted by Government.

4. Tenders should be in a sealed envelope marked ‘“‘ Tenders for flour” and should be addressed
to His Honour the Administrator and should reach the Administrator’s Office not later than 12 noon on
the 30th September, 1954.

5. Government does not bind itself to accept the lowest or any tender.
Administrator's Office,

Antigua.
25th May, 1954.

Ref. No. A.40/18,



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by,E. M. BLackman, E.D,
Government Printer.—By Authority,
1954
[Prive 47 cents.]
No. 11 of 1954. Hotels Ard.
[L.5.]
I ASSENT,
K. W. Biacksourng,
Governor.

13th August, 1954,

MONTSERRAT.
No. 11 of 1954.

An Ordinance to encourage the Hotel Industry
in the Presidency by granting certain relief
in respect of customs duties, and income
tax to persons who expend monies upon the
construction or equipment of hotels in the
Presidency and for purposes incidental
thereto or connected therewith.

ENACTED by the Legislature of Mont-
serrat as follows:—

1. This Ordinance may be cited as the
Hotels Aid Ordinance, 1954.

2. Inthis Ordinance, unless the context
otherwise requires—
‘‘articles of hotel equipment”? means any
of the articles specified in the Schedule
to this Ordinance;

“building materials”? means materials of
every description for use in connection
with the construction of a hotel and all
structures appurtenant thereto;

“construct” includes erect, repair, alter,
reconstruct or extend;

‘“Customs duties” includes any customs
duty surcharge and wharfage rate pay-
able on the importation of any article
into the Presidency ;

MOXTSERRAT.

Short title.

Definition.
MonTSeRRAy. 2 Hloéels Aid, No, 1] of 1954,

‘extension to a hotel’? means any enlarge-
ment of the accommodation of a hotel
whether by means of a newly erected
building or by the structural alteration
of the existing building;

“hotel” means any building or group of
buildings (occupied together) for the
accommodation for reward of guests
and includes the curtilage thereof and
all structures within such curtilage,
containing or intended to contain when
complete not less than six bedrooms,

‘“‘ licence’? means a licence under section 3
of this Ordinance; ;

“licensee” means the holder of a licence
under this Ordinance;

“prescribed” means prescribed by Regula-
tions made under this Ordinance;

“Treasurer” means the officer for the time
being lawfully discharging the duties
of Treasurer of the Presidency or any-
one authorised by him in writing to
act on his behalf.

Grant of 8. (1) Subject to the provisions of section
ne 4 of this Ordinance the Governor-in-Council
may grant to every person who desires—

(a) to construct a hotel or an extension
to a hotel a licence to import into the
Presidency or to purchase in the Presidency
such building materials for use in the con-
struction of such hotel or extension as may
be specified in the licence;

(6) to equip a newly erected hotel or
extension to a hotel a licence to import into
the Presidency or to purchase in the Presi-
dency such articles of hotel equipment
and in such quantities as may be specified
in the licence:
No. 11 of 1954. Hotels Aid. 3 Montserrat.

Provided that no licence shall be
granted for the importation or purchase of
an article of hotel equipment to replace an
article of hotel equipment which has been
imported or purchased under the terms of a
licence.

(2) Every licence under subsection (1)
of this section shall be in such form as may
be prescribed and shall be subject to such
terms and conditions as the Governor-in-
Council may from time to time impose.

4. very application for the grant of a Procedure on
licence shall be in such form and contain such Aer
information and be accompanied by such docu-_ licences.

ments as may be prescribed.

5. Every licensee shall be entitled upon Free entry of
the production of his licence to the proper buldne
> : : Bh ee : materials and
customs officer to import into the Presidency in equipment.
accordance with the terms thereof free of all
customs duties such building materials or
articles of hotel equipment as may be therein

specified.

6. (1) Fvery licensee who satisfies the Relief trom
Treas 2 customs
‘yeasurer—

tert See duties.
(«) that any building materials or any

articles of hotel equipment specified in his

licence were purchased by him in the

Presidency; and

(6) that customs duties were paid
upon the importation into the Presidency
of such building materials or articles of
hotel equipment of the total valne of not
less than four hundred and eighty dollars;
and

(c) as to the amount of the customs duties
so paid, shall be entitled to be paid an amount
equivalent to the amount of drawback which
would have been payable under section 9 of
the Customs Duties Ordinance, 1928 in rela- 7/1928.
tion to the granting of drawback of customs
duties if such building materials or articles of
hotel equipment had been exported from the
MONTSERRAT,

7/1938.

4 Hotels Aid, No. 11 of 1934.

Presidency, and to be refunded the amount of
the customs duty surchirge and the wharfage
rates paid upon the importation of such
building materials or articles or hotel equip-
ment:

Provided that the provisions of the said section
9 restricting the payment of drawback to cases
where the goods in respect of which the payment is
made are exported within a specified period shall
not apply to any payment under this section.

(2) [very licensee who satisfies the Trea-
surer—

(a) that any building materials or any
articles of hotel equipment specified in his
license were purchased by him in the Presi-
dency; and

(6) that customs duties were paid upon
the importation into the Presidency of such
building materials or articles of hotel equip-
ment of the total value of not less than four

hundred and eighty dollars; and

(c) that he is unable to ascertain the
amount of the customs duties so paid,

shall be entitled to be paid such sum as the
Treasurer may think fit, so however, that no puy-
ment under this subsection shall, in the case of
building materials or articles of hotel equipment
which are rated goods within the meaning of the
Customs Duties Ordinance, 1928, exceed the low-
est preferential rate that has been in force for that
description of goods at any time during the two
years next preceding the date of purchase by the
licensee and, in the case of any building materials
or articles "of hotel equipment lable “under the
said Ordinance to an ad valorem duty, exceed
nine per centum of the purchase price where the
lowest preferential ad valorem rate that has been
in force for that description of goods for a period
of two years prior to the date of supply was
fifteen per centuin and pro rata where other
ad valorem rates have been in force during
such period, together with such additional sum
No. 11 of 1954. Hotels Aid. 5

(if any) as the Treasurer may think fairly
represents the amount of customs duty sur-
charge and wharfage rates paid upon such
goods upon their importation into the Presi-
dency.

7. (1) Subject to the provisions of section &
of this Ordinance, where any building materials or
articles of hotel equipment have been imported
into the Presidency under a licence, or any sum has
been paid under section 6 of this Ordinance in
respect of any building materials or articles of hotel
equipment, such building materials or articles of
hotel equipment shall not be sold, exchanged, given
away, exported from the Presidency or applied tor
any purpose other than use in connection with
the construction or equipment of the hotel to which
the licence in which those building materials or
articles of hotel equipment were specified relates,
within three years of the date of the importation
of such articles or of the making of the payment
under section 6 of this Ordinance.

(2) Every person who contravenes subsection
(1) of this section shall be guilty of an offence
against this Ordinance and shall on sununary
conviction thereof be liable to # fine not exceeding
five hundred dollars or to be imprisoned for any
term not exceeding six months or to both such fine
and imprisonment and in addition to pay, in respect
of such building materials or articles of hotel equip-
ment improperly disposed of, the relevant duties or
sums which, but for section 5 of this Ordinance,
would have been payable thereon or which have
been refunded under section 6 of this Ordinance.

8. (1) Where the ‘Treasurer is satisfied that
any building materials or articles of hotel equipment
which have been imported into the Presidency
under « licence or in respect of which any paynient
has been made under section 6 of this Ordinance
are no longer required for the purposes of the
hotel in respect of which the import licence was
granted, he may grant a permit to the licensee to
dispose of such building materials or articles of hotel
vquipment in such manner as he thinks fit,

MONTSERRAT.

Building
materials and
articles of
hotel equip-
ment not to be
used for any
purpose other
than that

for whieh
imported.

Treasurer may
permit dis-
posal of
materials ete,
MONTSERRAT.

Articles of
hotel equip-
ment to be
marked.

Power to

revoke licence.

Insertion of
section 1OA in
Income Tax
Ordinance, 6
of 1945.

6 Hotels Atd. No. 11 of 1954.

No permit shall be granted under sub-
section (i) of this section until the licensee has
paid to the Treasurer, or has given security, to
the satisfaction of the Treasarer that he will so
pay, all sums which would have been payable by
way of customs duty or wharfage rate upon the
importation of such ‘building materials or articles
of hotel equipment or a sum equivalent to the
amount of drawback paid to the licensee in
respect of such building materials aud articles
of hotel equipment under section 6 of this
Ordinance.

9. Such of the articles of hotel equipment
imported under a licence or in :espeet of which
any stan has been paid under section G of this
Oydinance as the ‘Treasurer may require to be
marked shall be marked with such mark and in
such manner as may be prescribed.

10. Where the Governor-in-Council — is
satisfied thit any licensee has



(a) obtained the grant of any licence
by any false statement; or

(4) abused or misused any licence; or

(«) broken or failed to comply with
any conditions of such licence; or

(¢) knowingly broken or failed to
comply with the provisions of section 12 of
this Ordinance; or

(c) failed to pay any sum payable by
bim under the provisions of this Ordinance,

he may either suspend the operation of such licence
for such time and subject to such conditions as he
may think fit or may revoke such licence.

11. The Income Tax Ordinance, 1945, is
hereby amended by the insertion therein, next after
section 10 of the following section us section LOA :—

“Relief to IOA. (1) Notwithstanding anything to

hotel pro-

prietors from the contrary, where any licence ‘hus been
Income Tax, vranted to any person under the provisions of

scetion 3 of the Hotels Aid Ordinance, 1954,
No, 11 of 1954, flotels Aid. 7 = Monrsurnar,

the proprietor of the hotel to which such
licence relates shall be allowed in each of any
five of the eight years of assessment next
after the year of assessment in which the
licence is granted to set off against the income
arising from the hotel one-fifth of the capital
expenditure upon such hotel.

(2) No allowance shall be made under
subsection (1) of this section in respect of any
year of assessment later than the eighth year
after the year of assessment in which the
capital expenditure was incurred.

(3) No loss incurred in connection with
any hotel, in any year in respect of which
an allowance is granted under this section,
shall be set off against the profits arising from
any other trade, business or vocation carried
on by the person to whom the allowance is
granted,

(4) In this section “ capital expenditure ”
means such sum as the Commissioners are
satisfied has been expended on the purchase
of building materials or of articles of hotel
equipment for the construction, reconstruction,
alteration or repair of the hotel and upon
effecting such construction, re-construction,
alteration or repair and upon the installation
of auch equipment, but does not include any
sum paid in respect of the purchase price of
any land or of any existing hotel or in respect
of goodwill.”

12. Except with the consent of the Gover- Employment
nor-in-Council at least three-fifths of the number o
of persons employed in the construction and ~ ar
maintenance of, and in any other activity in relation
to, any hotel in respect of which a licence has been
granted under section 3 of this Ordinance shall be
British subjects.

18. In the case of proceedings against © Responsibility
yerson under this Ordinance for or in connection eels
: y ac
with breaches by an employee of such person of the employee.

provisions of section 12 of this Ordinance—
MonTsERRAT.

Offences by
corporations.

Regulations,

Power to
changes
Schedule.

5 Hotels Aid, No. 11 of 1954.

(a) it shall not bea defence that the
employee acted without the authority of the
employer; and

(b) any material fact known to the
employce shall be deemed to have been known
to the employer.

14. Where a person convicted of an offence
against this Ordinance or any regulations made
thereunder is a body corporate, any person who at
the time of the commission of the offence, was a
director or officer of the body corporate shall be
deemed to be guilty of that offence unless he
proves that the offence was committed without his
knowledge, or that he exercised all due diligence to
prevent the commission of the offence,

15. The Governor-in-Council may make
regulations generally for giving effect to the
provisions of this Ordinance, and without prejudice
to such general power may make regulations—

(a) prescribing the form of, and_ the
information to be contained in, and the
documents to accompany, any application for
a licence under section 3 of this Ordinance;

(6) prescribing the form in which any
licence may be granted under section 3 of this
Ordinance;

(c) prescribing the type of mark to be
affixed to any article and the manner in which
such mark shall be affixed;

(d) prescribing penalties not exceeding
twenty-five dollars for the breach of any
regulations made hereunder.

16. The Governor-in-Council may, from
time to time by order, add to or remove from the
Schedule to this Ordinance, any article of hotel
equipment.
No. 11 of 1954. Hotels Aid. Q MonrTserRat,

17. This Ordinance shall be deemed to have Commence-
had effect as from the lst day of January, 1954, â„¢e"*

CHarieswortH Ross,
President.

Passed the Legislative Council this 15th day
of July, 1954.
Jas. H. Carrort,
Clerk of the Council.

SCHEDULE,









Air conditioning apparatus and appHances.
Bed linen.

Bedsprings.

Bedsteads.

Billiard tables and their appliances.
Carpets.

Chairs.

Chests of drawers.
Crockery.
Cupboards.
Cutlery.

Desks.
Dressing tables.
Dynamos.
Electrical apparatus, appliances and lines.

Iceboxes.

Kitchen equipment and utensils including stoves.

Linoleum and similar floor coverings.

Mats.

Mattresses.

Mirrors.

Organs.

Pianos.

Pillows.

Radios.

Refrigerating apparatus and appliances.

Rugs.

Silver and plated tableware.

Sofas.

Tables.

Table glassware.

Table linen.

Telephone apparatus, appliances and lines.

Textile furnishings, including bedspreads, curtains and upholstery.
Towels.

Wardrobes.

Wash stands.



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BuaokMAn, Government Printer.— By Authority.
1954,
490—9.54. Price 11 cents.
No. 12 of 1954. Crown Proceedings. MonTSERRAT,

[L.S.]
| ASSENT,
P. D. Macponatrn,
Acting Governor.
28th August, 1954.

MONTSERRAT,
No. 12 of 1954,

An Ordinance to amend the law relating to the
civil liabilities and rights of the Crown and to
civil proceedings by and against the Crown,
to amend the law relating to the civil liabilities
of persons other than the Crown in certain
cases involving the affairs or property of the
Crown, and for purposes connected with the
matters aforesaid,

ENACTED by the Legislature of Montserrat

as follows:—

1. This Ordinance may be cited as the Crown Short title.
Proceedings Ordinance, 1954.

2. (1) Any reference in this Ordinance to Interpreta-
the provisions of this Ordinance shall, unless the
context otherwise requires, include a reference to
rules of court and Magistrates’ Courts rules made
for the purposes of this Ordinance.

(2) In this Ordinance—

“agent” when used in relation to the Crown,
includes an independent contractor em-
ployed by the Crown;

“Her Majesty’s aircraft”? does not include
aireraft belonging to Her Majesty other-
wise than in right of Her Government in
the United Kingdom;

‘“ Her Majesty’s ships” means ships of which
the beneficial interest is vested in Her
Majesty or which are registered as
Government ships for the purposes of the
Merchant Shipping Acts, 1894 to 1940,
or which are for the time being demised
\TSERRA’ g . Mr s :
pownenne Crown Proceedings. No, 12 of 1954.

or subdemised to or in the exclusive
possession of the Crown, except that the
said expression does not include any ship
in which Her Majesty is interested other-
wise than in right of Her Governinent m
the United Kingdom unless that ship is
for the time being demised or subdemised
to Her Majesty in right of Her said
Government or in the exclusive possession

of Her Majesty in that right;

‘Magistrates’ Courts Rules” includes rules
made by the Governor in Council under
section 259 of ‘the Magistrate’s Code of

Oap. 61, Procedure Act and pursuant to section
29 of this Ordinance;

‘civil proceedings” include proceedings in the
Supreme Court or the Court of Summary
Jurisdiction for the recovery of fines and
penalties;

“officer”? in relation to the Crown, includes
any servant of Her Majesty in right of
Her Government of the Colony or of the
Presidency ;

“order” includes a judgment, decree, rule,
award or declaration;

“ prescribed”? means prescribed by rules made
under section 29 of this Ordinance;

“proceedings against the Crown” includes a
claim by way of set-off or counterclaim
raised in proceedings by the Crown:

‘statutory duty’? means any duty imposed
by or under any Federal Act or any
Presidential Act or Ordinance or other
law extending to (or having effect in)
the Presidency.

(3) Any reference in Parts IIT and IV of
this Ordinance to civil proceedings by or against
the Crown, or to civil proceedings to which the
Crown is a party, sball be construed as including a
reference to civil proceedings to which the Crown
Attorney or any officer of the Crown as such is a

party:
No, 12 of 1954, Crown Proceedings. 3

Provided that the Crown shall not for the
purposes of Parts [If and LV of this Ordinance be
deemed to be a party to any proceedings by reason
only that they are brought by the Crown Attorney
upon the relation of some other person,

(4) Any reference in this Ordinance to the
armed forces of the Crown shall be construed as
including a reference to the following forces:—

(a) the Women’s Royal Naval Service;

(b) the Queen Alexandra’s Royal Naval
Nursing Service; and

(c) any other organisation established
under the control of the Admiralty, the Army
Council or the Air Council.

(5) References in this Ordinance to any
enactment shall be construed as references to that
enactment as amended by or under any other
enactment including this Ordinance.

PART I.
SUBSTANTIVE Law.

8. (1) Where after the commencement of
this Ordinance any person has a claim against the
Crown as defined in subsection (2) of this section,
then, subject to the provisions of this Ordinance,
the claim may be enforced as of right, and without
the consent of the Governor, by proceedings taken
against the Crown for that purpose in accordance
with the provisions of this Ordinance.

(2) The reference to a claim against the Crown
in subsection (1) of this section shall be construed
as meaning a claim against the Government of the
Presidency which, if this Ordinance had not been
passed, might have been enforced, subject to the
consent of the Governor, in a suit ineuated by the
claimant as plaintiff against the Attorney General
as defendant in accordance with the provisions of
the Crown Snits Act or might have been enforced
by a proceeding provided by any other statutory
provision.

MonvtsERRAT,

Right to sue
the Crown,

Cap. 6.
MONTSERRAT,

Liability of
the Crown in
tort.

4 Crown Froceedings. No, 12 of 193-4.

(3) Any clain against the Crown made
pursuant to any statutory provision enacted after
the commencement of this Ordinance shall, unless
otherwise directed by any law, be likewise enforced
as of right, and without the jiaé of the Governor,
by proceedings taken against the Crown in accord-
ance with the provisions of this Ordinance.

4. (1) Subject to the provisions of this
Ordinance, the Crown shall be subject to all those
liabilities in tort to which, if it were a private
person of full age and capacity, it wonld be
subject— :

(a) in respect of torts committed by its
servants or agents;

(6) in respect of any breach of those
duties which 2 person owes to his servants or
agents at common law by reason of being their
employer; and

(c) in respect of any breach of the duties
attaching at common law to the ownership,
occupation, possession or control of property:

Provided that no proceedings shall lie against
the Crown by virtue of paragraph (@) of this
subsection in respect of any act or omission of a
servant or agent of the Crown unless the act or
omission would apart from the provisions of this
Ordinance have given rise to a cause of action in
tort against that servant or agent of his estate.

(2) Where the Crown is bound by a statutory
duty which is binding also upon persons other than
the Crown and its officers, then, subject to the
provisions of this Ordinance, the Crown shall, in
respect of a failure to comply with that duty, he
subject to all those liabilities in tort (if any) to
which if would be so subject if it were a private
person of full age and capacity.

(8) Where any functions are conterred or
imposed upon an officer of the Crown as such
either by any rule of the common law or by any
law, and that officer commits a tort while perform-
ing or purporting to perform those functions, the
liabilities of the Crown in respect of the tort shall
No. 12 of 1954. Crown Proceedings. 5

be such as they would have been if those functions
had been conferred or imposed solely by virtue of
instructions lawfully given by the Crown.

(4) Any enactment which negatives or limits
the amount of the liability of the Crown or an
officer of the Crown in respect of any tort committed
by such officer shall, in case of proceedings against
the Crown under this section in respect of a tort
committed by such officer, apply in relation to the
Crown as it would have applied in relation to such
officer if the proceedings against the Crown had
been proceedings against the said officer.

(5) No proceedings shall lie ¢ gainst the Crowt
by virtue of this section in respect of anything
done or omitted to be done by any person while
discharging or purporting to discharge any res:
ponstbilities of a judicial nature vested in him, or
any responsibilities which he has in connection with
the execution of judicial process.

(6) No proceedings shall le against the Crown
by virtue of this section in respect of any act,
neeleet or default of any officer of the Crown,
unless that officer has been directly or indirectly
appointed by the Crown and was at the material
time paid in respect of his duties as an officer of
the Crown wholly out of the general revenue or
other government funds of the Presidency or by
the general government of the Colony, or was at
the material time holding an office in respect of
which the Governor certifies that the holder thereof
would normally be so paid,

5. (1) Where after the commencement of
this Ordinance any servant or agent of the Crown
infringes a patent, or infringes a registered trade
mark, or infringes any copyright and the infringe-
ment is committed with the authority of the
Crown, then, subject to the provisions of this
Ordinance, civil proceedings in respect of the
infringement shall lie against the Crown.

(2) Nothing in subsection (1) of this section
or inany other provisions of this Ordinanec shail
affeet the rights of the Governor under section 29
of the Patents Act.

‘

MonrTsm®RRAT.

Provisions i
to industrial
property.

Uap. bie.
MONTSERRAT.

Application
of law as to
indemnity and
contribution,

Liability im
connection

with postal
packets.

6 Cromn Procecdinys, No. 12 of 1954.

(3) Save as expressly provided by this section,
no proceedings shall lie against the Crown by
virtue of this Ordinance in respect ef the infringe-
ment of a patent, in respect of the infringement of
au registered trade mark, or in respect of the
infringement of any such copyright as is mentioned
in subsection (1) of this section.

6. Where the Crown is subject to any
liability by virtue of this Part of this Ordinance,
any law relating to indemnity and contribution
shall be ae by or against the Crown in
respect of the lability to which it is so subject as if
the Crown were a private person of full age and
capacity.

7. (1) Subject as hereinafter provided, no
proceedings in tort shall lie against the Crown for
anything done or omitted to be done in relation to
a postal packet by any person while cmployed as a
servant or agent of the Crown, nor shall any officer
of the Crown he subject, except at the suit of the
Crown, to any civil liability therefor.

(2) Proecedings shall lie against the Crown
under this subsection im respect of loss of or
damave toa registered inland postal packet in so
far as the loss or damage is due to any wrongful
act done or any neglect. or default committed by au
person employed as a servant or agent of the
Crown while performing or purporting to perform
his funetions as such in relation to the receipt,
carriage, delivery or other dealing with the packet:

Provided that: —

(a) no proceedings shall lie under this
subsection in respect of any postal packet
registered before the commencement of this
Ordinance ;

(4) the amount recoverable in any pro-
ceedings under this subsection shall not exe: ed
the market value of the packet In question
(excluding the market value of any message
or information which it bears) at the time
when the cause of action arises;
No. 12 of 1954. Crown J 'receedinys. 7

(c) the amount recoverable in such pro-
ceedings shall not in any event exceed the
maximum amount which, under the Post
Office Rules is available for compensating the
persons aggrieved having regard to the fee
paid in respect of the registration of the
packet; and

(d) the Crown shall not be lable under
this subsection in respect of any packet unless
such conditions as are prescribed by the Post
Office Rules in relation to registered inland
postal packets have been complied with in
relation to that packet.

For the purposes of any proceedings under
this subsection, it shall be presumed, until the
contrary is shown on behalf of the Crown, that the
Juss of or damage to the packet was due to some
wrongful act done, or some neglect or default
cominitted, by a person employed as a servant or
agent of the Crown while performing or purporting
to perform his functions as such in relation to the
receipt, carriage, delivery or other dealing with the
packet.

(3) No relief shail be available under sub-
section (2) of this section except upon a claim by
the sender or the addressee of the packet in
question; and the sender or addressee of the packet
shall be entitled to claim any relief available under
the said subsection in respect of the packet whether
or not he is the person damnified by the injary
complained of, and to give a good discharge in
respect of all claims in respect of the packet under
the said subsection:

Provided that where the court is satisfied,
upon an application by any person who is not the
sender or addressee of the packet, that the sender
and the addressee are tnable or unwilling to
enforce their remedies in respect of the packet
under the said subsection, the court may, Bpon
such terms as to security for costs and otherwise
as the court thinks just, allow that other person to
bring proceedings under the said subsection in the
name of the sender or the addressee of the packet.

MONTSERRAT,
MowTseRRAT.

Cap. 123.

Provisions
relating to
the armed
forces,

8 Crown Proceedings. No. 12 of 1954.

Any reference in this subsection to the sender
or addressee of the packet includes a reference to
his personal representatives.

(4) Where by virtue of subsection (3) of this
section any person recovers any money or property
which, apart from that subsection, would have
been recoverable by some other person, the money
or property so recovered shall be held on trust for
that person.

(4) Post Office Rules may be made for pre-
scribine the conditions to be observed for the
purposes of this section in relation to registered
inland postal packets.

(6) In this section—

The expression ‘ postal packet’? has the

same meaning as in the Post Office Act.

The expression “ inland postal packet”
means a postal packet which is posted in the
Presidency, for delivery at any place within
the Presidency to the person to whom it is
addressed.

The expression ‘‘ sender ”’ in relation to

a postal packet, has such meaning as may be
assigned to it by Post Office Rules.

(7) Any reference in this section to a postal
packet shall be construed as including a reference
to the contents of such a packet.

8. (1) Nothing done or omitted to be done
by a member of the armed forces of the Crown
while on duty as such shall subject either him or
the Crown to liability in tort for causing the death
of another person, or for causing personal injury
to another person, in so far as the death or per-
sonal injury is due to anything sufered by that
other person while he is a member of the armed
forces of the Crown if—

(a) at the time when that thing 1s
suffered by that other person, he is either on
duty as a member of the armed forces of the
Crown or is, though not on duty as such, on
No. 12 of 1954. Crown Proceedings. Q MonTsERRAt.

any land, premises, ship, aircraft or vehicle
for the time being used for the purposes of
the armed forces of the Crown; and

(6) (i) where that other person is .a
member of the armed forces of the Crown in
right of its Government in the United Ning-
dom, the Minister of Pensions certifies that
his suffering that thing hax been or will be
treated as attributable to service for the pur-
poses of entitlement to an award under the
Royal Warrant, Order in Council or Order of
Her Majesty relating to the disablement or
death of members of the force of which he is
a member;

(11) where that other person is a member
of the armed forces of the Crown in right of
its Government in the Colony or in the Presi-
deney, the Governor in Council certifies that
his suffermy that thing has been or will be
treated as attributable to service for the pur-
poses of entitlement to a yratuity or pension
under any enactment relating to the disable-
ment or death of members of the force of
which he is a member:

Provided that this subsection shall not exempt
arnember of the said forces from liability in tort
in any case in which the court is satished that the
act or omission was not connected with the execu-
tion of his duties as a member of those forces.

(2) No proceedings in tort shall he against
the Crown for death or personal injury due to
anything suffered by a member of the armed forces
of the Crown if—

(7) that thing is suffered by him in con-
sequence of the ature or condition of any
such land, premises, ship, aireraft or vehicle
as aforesaid, or in cousequence of the nature
or eoncition of any equipment or supplies
used for the purposes of those forces; ae

(9) (i) in the case of a member of the
armel forees of the Crown in right of its
Government in the United Kingdom, the
MonTSErRAt.

10 Crown Proccedinys. No. 12 of 1954.

Minister of Pensions certifies as mentioned in
the preceding subsection;

(ii) in the case of a member of the
armed forces of the Crown in right of its
Government in the Colony or in the Presi-
deney, the Governor in Council certifies as
mentioned in the preceding subsection,

nor shall any act or omission of an officer of the
Crown subject him to liability in tort for death or
personal injury, in so far as the death or personal
injury is due to anything suffered by a member of
the armed forces of the Crown being a thing as to
which the conditions aforesaid are satisfied.

(3) The Governor, if satisfied that it is the
fact—

(a) that a person Was Or Was hol oh any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the Colony or in the Presi-
dency ; or

(/) that at any particular time any land,
premises, ship, aircraft, vehicle, equipment or
supphes was or was not, or were or were not,
used for the purposes of the said forces,

may issue a certificate certifying that to be the
fact: and any such certificate shall, for the pur-
poses of this section, be conclusive as to the fact
which it certifies.

(4) A certificate of the Admiralty or a Secre-
tary of State—

(a) that a person was or was not on any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the United Kingdom; or

(hb) that at any particular time any land,
premises, ship, aircraft, vehicle, equipment or
supplies Was or Was not, or were or were not,
used for the purposes of the said forces,

shall, for the purposes of this section, be conclu-
vive as to the fact which it certifies.
No. 12 of 1954. Crown Proceedings. 11

(5) For the purposes of this xection—

(a) © Governor in Council” means as
respects a member of an armed force estab-
lished by virtue of an Act of the Colony the
Governor with the advice of the Executive
Council of the Colony and in any other case
the Governor in Council of the Presidency
wherein such member is serving; and

(6) “member of the armed forces of the
Crown’ unless the context otherwise requires
mneans a member of the armed forces of the
Crown in the right of its Government in the
Colony or in the Presidency (including mem-
bers of the Police Force) or in right of its
Government in the United Kingdom.

(6) Nothing in this section shall be deemed
by implication or otherwise to confer any right of
action against the Crown in right of its Govern-
ment in the United Kingdom.

9. (1) Nothing in Part I of this Ordinance
shall extinguish or abridge anv powers or authori-
ties which, if this Ordinance had not been passed,
would have been exercisable by virtue of the
prerogative of the Crown, or any powers or authori-
ties conferred on the Crown by any law and,
in particular, nothing in the said Part I shall
extinguish or abridge any powers or authorities
exercisable by the Crown, whether in time of peace
or of war, for the purpose of the defence of the
Colony or of training, or maintaining the efficiency
of, any of the armed forces of the Crown.

(2) Where in any proceedings under this
Ordinance it is material to determine whether any-
thing was properly done or omitted to be done in

the exercise ol the prerogative of the Crown, the
Governor may, if satisfied that the act or omission
was necessary for any such purpose as is mentioned
in the last preceding subsection, issue a certificate
to the effeet that the act or omission was necessary
for that purpose; and the certificate shall, in those
proceedings, be conclusive as to the matter so
certified,

MONTSERRAT’.

Saving m1
respect of acts
done under
prerogutive
and statutory
powers.
MONTSERRAT

Civil proceed-
ings in the
Supreme
Court.

57 & 58 Vict.
0.3,

Civil proceed-
ings in the
court of Sum-

mary Jurisdic-

tion and
Magistrate's
Court.

Interplcader.

12 Crown Proceedings. No. 12 of 195-f.

PART U1:

JURISDICTION AND PROCEDURE.

10. (1) Subject to the provisions of this
Ordinance, all civil proceedings by or against the
Crown in the Supreme Court shall be instituted
and proceeded with in ‘accordance with rules of
court and not otherwise.

(2) In relation to any claim against the
Crown in the Supreme Court as a Colomial Court
of Admiralty which falls within the jurisdiction of
that Court as 2 prize court, the expression “ rules
of court” in this section means rules of court
made under section 3 of the Prize Court Act, 1894.

11. (1) Subject to the provisions of this
Ordinance, and to sections 8 aud 9 of the Suminary
Jurisdiction Act which bmit the jurisdiction of the
Court of Summary Jurisdiction in relation to the
subject matter of the proceedings to be brought
and the amount sought to be recovered in the
proceedings and to any law limiting the jurisdiction
of a Magistrate's Court (whether by reference to
the subject matter of the proceedings to be brought
or the amount sought to be recovered in the pro-
ceedings or otherwise) any civil proceedings by or
against the Crown may be instituted in a Court of
Summary Jurisdiction or in a Magistrate’s Court.

(2) Any proceedings by or against the Crown
in a Court of Smmimary Jurisdiction shall be
instituted and proceeded with in accordance with
rules of court of the Court of Summary Jurisdic-
tion and not otherwise.

(3) Any proceedings by or against the Crown
ina Magistrate's Court shall be instituted and pro-
ceeded with in accordance with Magistrates’ Court
Rules and not otherwise.

12. The Crown may obtain relief by way
of interpleader proceedings, and may be made a
party to such proceedings, in the same manner in
which 2 subject may obtain relief by way of such
proceedings notwithstanding that the application
for relief is made by a Provost Marshal or Bailiff,
No. 12 of 1954. Cron Proceedings. 18

Court Holes
shail, subject

and all rules of cart arid
relating to interplcat: ¢ procee
to such modifications 2s
effect accordingly.



18. (1) Civil proceedings by the Crown
may be instituted by the Crown Attorney:

Provided that where in any Act or Ordinance
passed before the coming into operation of this
Ordinance it is therein provided that any debt due
to the Crown shall be sued for and recovered by a
particular officer of the Crown, civil proceedings by
the Crown for the recovery él such debt may be
instituted by that officer.

(2) Civil proceedings against the Crown shall
be instituted against the Can Attorney.

(3) No proceedings instituted in accordance
with this Part of this Ordinance by an officer of
the Crown or in the name of or against the Crown
Attorney shall abate or be offected by any change
in the person holding that othce or holding the
office of Crown Attorney.

14. All documents required to be served on
the Crown for the purpose of or in connection with
any civil proceedings by or against the Crown shall,
where the proceedings by ui Crown are brought
in the name of an officer of the Crown other than

the Crown Attorney, be served on that officer or
on the Crown Attorney.

15. (1) If in a case where proceedings are
instituted against the Crown in a Magistrate’s
Court an application | in that behalf is mine by the
Crown to the Supreme Court, and there is pro-
duced to the Court a certificate of the Crown
Attorney to the effect that the proceedings may
involve pn important question of law, or may be
decisive of other cases arising out of the same
matter, or are for other reasons more fit to be tried
in the Supreme Court, the proceedings shall he
removed into the Supreme Court.

(2) Where any proceedings have been removed
into nw. Supreme Gourt on fie production of such
a certificate as aforesaid, and it appears to the

MonrseRRat,

Parties to
proceedings.

Service of
documents.

Removal and
transfer of
proceedings,
MONTSERRAT,

Nature of
Relief

Costs in civil
proceedings to
which the
Crown is a

party.

14 Crown Proceedings. No. 12 of 1954.

court by whom the proccedings are tried that the
removal has occasioned additional expense to the
person by whom the proceedings are brought, the
court may take weeount of the additional EXPENSE SO
eecasioned in exereising: its powers in regard to the
award of costs:

Provided that an order for the transfer to a
Magistrate’s Court of any proceedings against the
Crown 4 in the Supreme Court shall not be mace
without the consent of the Crown.

16. Inany civil proceedings by or against
the Crown the court shall, subject as hereinafter
provided, have power to make all such orders as it
has power to make in proceedinys between subjects,
and otherwise to give such appropriate relief as the
case may require:

Provided - at—

(a) where in any proceedings against the
Crown any such relief is sought. as might in
proceedings between gee vets be granted by
way of injunction or specific performance, the
court shall not grant an injunction or make an
order for specific performance, but may in
lieu thereof make an order declaratory of the
rights of the parties: and

(6) in any proceedings against the Crown
for the recovery of land or other property the
court shall not make an order for the recovery
of the land or the delivery of the property, but
may in lieu thereof m: ake an order decla wing
that the plaintiff is entitled as agaist ce
Crown to the laud or property or to the
possession thereof.

(2) The court shall not in any civil proceed-
ings grant any injunction or make any order against
an officer of the Crown if the effect of granting the
injunction or making the order w ould be to give
any relief against fie. Crown which could not have
been acd in proceedings against the Crown.

17.) Is any civil proceedings by or against the
Crown, the costs of and incidental to the proceed-
ings shall be awarded in the same manner and on
the same principles as in cases between subjects, and
No. 12 of 1 95-4, cy OGL Proc, edn. 15

the court shall have power to make an order for

the payment of costs by or to the Crown aecord-
ingly.

18. All enactments, rules of court and Magis-
trates’ Courts rules relating to appeals and stay of
execution shall, with such modifications as may be
prescribed, apply to civil proceedings by or against
the Crown as they apply to proceedings between
subjects.

19. (1) Subject to the provisions of this sec-
tion, any reference in this Part of this Ordinance
to civil proceedings by the Crown shall be con-
strued asa reference to the following proceedings
only :—

(a) proceedings for the enforcement or
vindication of any right or the obtaining of
any relief which, if this Ordinance had not
been passed, might have been enforced or
vindicated or obtained—

(i) by proceedings for the recovery
of chattels or money by way of
damages or otherwise, or any
hereditament or an account and
payment from any defaulting
officer or other person or cor-
poration or by the writs of
capias ad respondendum, writs
of subpana ad respondendum,
writs of appraisement, writs of
scire jacias, and by proceedings
for the determination of any
issue upon a writ of extent or
of. diem clausit extremum,

(ii) by an action at the suit of the
Crown Attorney or a particular
officer of the Crown;

(b) all such proceedings as the Crown is
entitled to bring by virtue of this or any other
Ordinance, or any law,

and the expression “civil preceedings by cr against
the Crown ”’ shall be construed accordingly.

MONTSERRAT,

Appeals and
stay of
execution,

Scope of
Part IL.
MONTSERRAT,

Tuterest on
debts. damages
and costs,

Cap. 10,

Satisfaction
of orders
against the
Crown,

16 Crown Proceedings. No. 12 of 1954.

(2) Subject to the provisions of this section,
any reference in this Part of this Ordinance to civil
proceedings against the Crown shall be construed
as a reference to the following proceedings only :—

(a) proceedings for the enforcement or
vindication of any right or the obtaining of
any relief which, if this Ordinance had not
been passed, might have been enforced or
vindicated or obtained by an action against
the Attorney General; and

(6) all such proceedings as any person is
entitled to bring against the Crown by virtue
of this or any other Ordinance, or any law,

and the expression “ civil proceedings by or against
the Crown” shall be construed accordingly.

(3) Notwithstanding anything in the preced-
ing provisions ef this section, the provisions of this
Part of this Ordinance shall not have effeet with
respect to any proceedings brought by the Crown
Attorney on the relation of some other person or to
proceedings in connection with any charitable trusts.

PART III.
JUDGMENTS AND EXECUTION,

20. (1) Section 7 of the Judgements Act
(which provides that judgement debt shall carry
interest) shall apply to judgment debts due from or
to the Crown.

(2) Where any costs are awarded to or against
the Crown interest shall be payable upon those costs
unless the court otherwise orders, and any interest
ko payable shall be at the same rate as that at which
interest is payable upon judgment debts due from
or to the Crown.

(3) This section shall apply both in relation
to proceedings pending at the ‘commencement of
this Ordinance and in. relation to proceedings
instituted thereafter,

21. (1) Where in any eivil proceedings by or
against. the Crown, or in connection with any
arbitration to which the Crown is a party, any
order (including an order for costs) is made by any
No. 12 of 1954, Crown Proceedings, 7

court in favour of any person against the Crown,
the proper officer of ‘the court shall, on applica-
tion in that behalf made by or on behalt of
that person at any time after the expiration of
twenty-one days from the date of the order or, in
ease the order provides for the payment of eats
and the costs require to be taxed, 7 any tine afte
the costs have been taxed, whichever is the later,
issue to that person a certificate in the prescribed
form containing particulars of the order:

Provided that, if the court so directs, a separate
certificate shall be issued with respect to the costs
(if any) ordered to be paid to the applicant.

(2) A copy of any certificate issued under this
section may be served by the person in whose
favour the order is made upon the particular officer
of the Crown concerned, or the Crown Attorney, an
the case may be,

(3) If the order provides for the payment of
any money by way of damage or otherwise, or of
any costs, the certificate shal i state the amount so
payable, and it shall be lawful for the Governor by
warrant under his hand to direct the amount appear-
ing by the certificate to he due, to be paid to the
person entitled thereto or to his solicitor, together
with the interest, if any, lawfully due thereon:

Provided that the court by which any such
order as aforesaid ig made or any court to w hich an
appeal against the order lies may direct that, pend-
ing an eppeal or otherwise, payment of the whole
of any amount so payable, or any part thereof, shall
be suspended, and if the certificate has not been
issued may order any such directions to be inserted
therein.

(4) Save as aforesaid and subject to rules of
court no execution or attachment or process in the
nature thereof shall be issued out of any court for
enforcing payment by the Crown of any such
amount or costs as aforesaid, and the Crown
Attorney or other officer of the Crown as the party
in whose name civil proceedings by or against the
Crown have been instituted shall not be personally
liable under any order for the payment by the

MoNnTSBRRAT,
‘IONLSERRAT,

Tixecution by
the Crown,

Cap. 7.

Cap. 135,

Attachment of
moneys pay-
able by the
Crown.

18 Crown Proceedings. No, 12 of 1954,

Crown, or the Crown Attorney, or other officer of
the Crown as such, of any such money or costs.

(5) This section shall apply both in relation
to proceedings ‘pending at the commencement of
this Ordinance and in relation to proceedings
instituted thereafter.

22. (1) Subject to the provisions of this
Ordinance, any order made in favour of the Crown
against any person in any civil proceedings to which
the Crown is a party may be enforced in the same
manner «as an order made in an action between
subjects, and not otherwise.

(2) Sections 4 and 5 and the Debtors Act
(which provide respectively for the abolition of
imprisonment for debt, and for saving the power
of committal in case of judgment debts) shall apply
to sams of money payable and debts due to the
Crown:

Provided that for the purpose of the application
of the said section 4 to any sum of money payable or
debt due to the Crown, the section shall have effect
as if there were included among the exceptions
therein mentioned default in payment of any sum
payable in respect of stamp duty under section 74
of the Stamp Act.

(3) Nothing in this section shall affect any
procedure which immediately before the commence-
ment of this Ordinance was available for enforcing
an order made in favour of the Crown in proceed-
ings brought by the Crown for the recovery of any
fine or penalty, or the forfeiture or condemnation
of any goods, or the forfeiture of any ship or any
share in a ship.

23. (1) Wherc any money is payable by the
Crown to some person who, under any order of any
court, is liable to pay any money to any other
person, and that other person would, if the a
so payable by the Crown were money payable by a

subject, be entitled under rules of court to obtain
an order for the attachment thereof as a debt
due or accruing due, or an order for the appoint.
ment of a sequestrator or receiver to receive the
No. 12 of 1954. Crown Proceedings. 19

money on his behalf, the Supreme Court may,
subject to the provisions of this Ordinance and in
accordance with rules of court, make an order
restraining the first-mentioned person from receiv-
ing that money and directing payment thereof to
that other person, or to the sequestrator or receiver:

Provided that no such order shall be made in
respect of :—

(a) any wages or salary payable to any
officer of the Crown as such;

(4) any money which is subject to the
provisions of any enactment prohibiting or
restricting assignment or charging or taking in
execution; or

(c) any money payable by the Crown to
any person on account of a deposit in the
Government Savings Bank.

(2) The provisions of the preceding subsection
shall, so far as they relate to formes of rchef falling
within the jurisdiction of a Magistrate's Court have
effect in relation to Magistrates’ Courts as they
have effect in relation to the Supreme Court but
with the substitution of a reference to Magistrates’
Courts Rules for any reference in the said sub-
section to rules of court.

PART IV.
MISCELLANEOUS AND SUPPLEMENTAL.

24. (1) Subject to and in accordance with
rules of court:—

(a) in any civil proceedings in_ the
Supreme Court or the Court of Summary
Jurisdiction to which the Crown is a party,
the Crown may be required by the court to
inake discovery of documents and produce
documents for inspection; and

(/) in any such proceedings as afore-
said, the Crown may be required by the
court to answer interrogatories;

MONTSERRAT

Discovery.
MONTSERRAT.

Execution of
proceedings in
rem against
the Crown.

20 Crom Proceedings. No, 12 of 1954.

Provided that this seetion shall be without
prejudice to any rule of law which authorises or
requires the withholding of any document or the
vefusal to answer any question on the ground
that the disclosure of the document or the
answering of the question would be injurious to
the public interest.

Any order of the court imade under the
powers conferred by paragraph () of this sub-
section shall direet by what officer of the Crown
the interrogatories are to be answered.

(2) Without prejudice to the proviso to the
preceding subsection, any rules made for the
purposes of this section shall be such as to secure
that the existence of a document will not be
disclosed if, in the opinion of the Governor, it
would be injurious to the public interest to dis-
close the existence thereof.

25. (1) Nothing in this Ordinance shall
authorise proceedings i rem in respect of any
claim against the the Crown, or the arrest,
detention or sale of any of [ler Majesty’s ships
or aireralt, or of any cargo or other property
belonging to the Crown, or give to any person
any lien on any such ship, aircraft, cargo or
other property.

(2) Where proceedings in vem have been
instituted in the Supreme Court, the Court of
Summary Jurisdiction or ina Magistrate’s Court
against any such ship, aircraft, cargo or other
property, the court may, if satisfied, either on an
application by the plaintif fee an order under
this subsection or an application by the Crown
to set aside the proceedings, that the proceedings
were so instituted by the plaintiff in’ the
reasonable belief that the ship, aireraft, cargo or
other property did not belong to the Crown, order
that the proceedings shail be treated as if they
were dn person, duly instituted against the
Crown in accordance with the provisions of this
Ordinance, or duly instituted against any other
person whom the court regards as the proper
person to be sued in the circumstances, and that

the proceedines shal! eontinue accordinely.
a dD Deed
No. 12 of 1954. Crown Proceedings. 21

(3) Any such order may be made upon such
terms, ifany, as the court thinks just; aud where
the court makes any such order if may make
such consequential ‘orders as the court thinks

expedient.

26. Nothing in this Ordinance shall pre-
judice the right of the Crown to rely upon the
law relating to the limitation of time for bring-
ing proceedings against public authorities.

27. (1) This Ordinance shall not prejudice
the right of the Crown to take advantage of the
provisions of any Federal Act or any Presidential
Act or Ordinanee although not named therein,
and it is hereby declared that in any civil pro-
ceedings against the Crown the provisions of any
Federal Act or Presidential Act or Ordinance
which could, if the proceedings were between
subjects, be relied upon by the defendant as a
defence to the proceedings, whether in whole or
in part, or otherwise, may, subject to any express
provision to the contrar y, be so relied upon by
the Crown.

(2) Section 6 of the Debtors Act (which
empowers the vourt in certain circumstances to
order the arrest of a defendant about to quit the
Colony) shall, with any necessary modifications,
apply to civil proceedings brought by the Crown,

28. No claim by or against the Crown, and
no proceedings for the ni orcement of any such
claim, shall abate or be affected by the demise of
the Crown.

29. (1) Any power to make rules of court
or Magistrates Courts’ rules shall include power to
mnuke rules for the purpose of giving effect to the
provisions of this Ordinance, and any such rules
may contain provisions to have effect in relation
tO any proceedings by or against the Crown in
substiution for or by we Ly of addition to any of
the provisions of the rules applying to proceedings
between subjects.

MONTSERRAT,

Limitation of
actions.

Application to
the Crown of
eertain statu-
tory provi-
sions.

Cap. 7.

No abatement
on demise of
Crown,

Rules of court,
Montserrat. 99 Crown Proceedings. No. 12 of 1954.

(2) Provisions shall be made by rules of court
and Magistrates’ Courts rules with respect to the
following matters: —

(a) for providing fer sc vice of process,
or notice thereof, in the case of proceedings
by the Crown against persons, whether British
subjeers or not, who are not resident in the
Colony ;

(6) for securing that where any civil
proceedings are brought against the Crown
ino accordanee with the enna of this
Ordinance the plaintiff shall, Lefore the Crown
IS ae to take any step in the proceedings,
provile the Crown with such information as
the Crown may reason: ably require as to the
circumstances in which it is alleged that the
liability of the Crown has arisen and as to
the departments and officers of the Crown
concerned ;

(c) for providing that in the case of
proceedings against the Crown the penne
all not enter judgment against the Crown
in default of appearance or pleading without
the leave of the court to be obtained on an
applicauion of which notice has been given to
the Crown;

(d) for excepting proceedings brought
against the Crown from the operation of any
rule of court providing for summary judgment
without trial;

(¢) for authorising the Crown to deliver
interrogatories without leave of a court in
any proceedings for the enforcement of which
proceedings by way of Knelish information
might have been taken if ohne Ordinance had
hot been passed, so, however, that the Crown
shall not be entitled to deliver any third or
subsequent interrogatories without the leave
of the court;

(7) for enabling evidence to be taken
on commission in proceedings by or against
the Crown;
No. 12 of 1954. Crorn Preceedtnys 23

(1) for providing:—

\e

(i) that a person shall not be entitled
to avail himseli of any set-off or
counterclaim in any proceedings by
the Crown for the recovery of taxes,
duties or penalties, or to avail him-
self in procecdings of any other
nature by the Crown of any set-off
or ccunterclaim arising out of 4
right or claim to repayment in
respect of any taxes, duties or
penalties ;

(ii) that a person shall not be entitled
without the Jeave of the court toavail
himself of any set-off or counter-
claim in any proceedings by the
Crown if either the subject matter
of the set-off or counterclaim does
not relate to a Government depart-
ment connected with the proceedings
or the proceedings are brought in
the name of the Crown Attorney;

(iii) that the Crown when sued, and its
alleved liability has arisen through
the acts of a government department,
shall not without the leave of the
court be entitled to avail itself of
any set-off or counterclain if the
subject matter thereof does not
relate to that department;

(iv) that the Crown when sued otherwise
than as is mentioned in paragraph
(iii) shall not avail itself of any
set-off or counterclaim without the
leave of the court.

80. Save as otherwise expressly provided,
the provisions of this Ordinance shall not affect
proceedings instituted under the Crown Suits Act
before the commencement of this Ordinance; and
for the purposes of this section such proceedings
being claims against the Government of the
Presidency and of the same nature as cliims which

MonTseRRAYT.

Pending
procecdings.

Cap. 6,
MONTSERRAT.

23 & 24 Vict,
c. 34,

Financial pro-

visions,

Savings,

24 Cron Proceedinas. No, 12 of 1954,

could have been preferred against the Crown in
England under the Petitions of Right Act, 1860,
shall be deemed to have been so instituted if
a statement of claim with respect to the matter in
question is filed with the Registrar of the Suprem>
Court for transmission to the Colonial Secretary
before the conmencement of this Ordinance.

Bl. (1) Any expenditare incurred by or
on behalf of the Crown in right of Her Majesty’s
Government in the Presidency by reason of the
passing of this Ordinance shall be defrayed out of
moneys to be provided by the Legislative Couneil
of the Presidency,

(2) Any sums pavable to the Crown in right
of Her Majesty’s Government in the Presidency
by reason of the passing of this Ordinance shall
be paid into the Treasury of the Presidency to
the credit of the general revenue,

82. (1) Nothing in this Ordinance shall
apply to proceedings by or against, or authorise
proceedings in tort to be brought against, Her
Majesty in Her private capacity.

(2) Except as therein otherwise expressly
provided, nothing in this Ordinance shall-—

(a) affect the law relating to pr ize salvace,
or apply to proceedings 1 In causes or matters
within the jurisdiction of the Supreme
Court as a prize court or to any criminal
proceedings; or

(4) authorise proceedings to be taken
against the Crown under or in accordance
with this Ordinance in respect of an alleged
liability of the Crown arising otherwise than
in respect of [fer Majesty’s Government in
the Presideney; or affect proceedings against
the Crown in respect of any such alleged
liability as aforesaid; or

(c) affect any proceedines by the Crown
otherwise than in right of Her Majesty's
Government in the Presidency ; or
No 12 of 1954. Crown Proceedings. on

(d) subject the Crown to any greater
linbilities in respeet of the acts or omissions
of anv independent contractor employed by
the Crown than those to which the Crown
would be subject in respect of sach acts or
omissions if it were a private person; or

(¢) affect any rules of evidence or any
presumption relating to the extent to which
the Crown is bound by any Federal Act or
Presidential Act or Ordinance; or

(7) affect anv right of the Crown to
demand a trial at bar or to control or other-
Wise intervene in proceedings affecting its
rights, property or profits,

and without prejudice to the general effect of the
foregoing provisions, Part IIT of this Ordinance
shall not apply to the Crown except in right of
Her Majesty’s Government in the Presidency.

(3) A certificate of the Governor:—

(a) to the effect that any alleged liability
of the Crown arises otherwise than in
respect of Her Majesty’s Government in the
Presidency ;

(4) to the effect that any proceedings
by the Crown are proceedings otherwise than
in right of Her Majesty’s Government in the
Presidency,

shall, for the purposes of this Ordinance, be
conclusive as to the matters so certified.

(4) Where any property vests in the Crown
by virtue of any rule of law which operates
independently of the acts or the intentions of the
Crown, the Crown shall not by virtue of this
Ordinance be subject to any liabilities in tort by
reason only of the property being so vested: but
the provisions of this subsection shall be without
prejudice to the liabilities of the Crown under
this Ordinance in respect of any period after the
Crown or any person acting for the Crown has
in fact taken possession or control of any such
property, or entered into oecupation thereof,

MONTSERRAT.
MonrTseRRat.

Commence-
ment,

26 Crown Proceedings. No. 12 1954.

(5) This Ordinance shall not operate to limit
the discretion of the court to grant relief by way
of mandamus in cases in which such relief might
have been granted before the commencement of
this Ordinance, notwithstanding that by reason of
the provisions of this Ordinance some other and
further remedy is available.

33. This Ordinance shall come into opera-
tion on a day to be appointed by the Governor by
proclamation published in the Gaceéte.

CHARLESWORTH Ross,
President.

Passed the Legislative Council this 15th day
of July, 1954.

Jas. H. Carrort,
Clerk of the Couneil.

ANTIGUA



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1954,

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