Il. GAZETTE. Published by Authority. THURSDAY, 28rH JANUARY, 1954. No. 7. Notices, The Governor has been pleased to accept the resignation of Dr. W. T. JOSEPH as an official member of the Legislitive Council of the Presidency of the Virgin Islands, with effect from the 21st January, 1954. The Svoretariut, Antigua. 22nd Janvary, L954. Ref. No. C. 18/00012. The Governor has been pleased to re-appoint the following persons with effect from the 16th January, 1054, to be unofficial members of the Executive Council of the Virgin Islands until the 24th November, 1954:— The Hon. J. O. GEORGES, M.B.E. The Hon. H. R. PENN, M.B.E. The Hon. I. G. Fonseca, The Secretariat, Leeward Istands, Ab Antigua. 22nd January, 1954. Ref. No. ©. 12/00008. It is hereby notified for general information that Her Majesty the Queen has been pleased to give instructions fur the appointment of Mr. Mc. WELLING TODMAN to be an official member of the Legislative Council of the Presidency of the Virgin Islands. His Excellency has appointed Mr. ToDMAN accordingly. The Secretariat, Antsgua. 22nd January, 1954. Ref. No. C. 18/00012. The Commissioner of Montserrat has appointed Pastor ALFRED FRAN- cos to be a Marriage Officer for that Presidency with effect from 1st Jan- uary, 1954. M. 8). S29,7297 LY? IL. The Commissioner, Montserrat, has by virtue of the power conferred on him by section] of the Land Sur- veyors Ordinance, 1887, (Montserrat No. 4 of 1887), appointed: Mr. JAMES PERCY MEADE two he « Surveyor of land during pleasure. M, 46/5, NATURALIZATION. A Certificate of Naturalisation No. 1 of 1954 dated the 24th December, 3953, has been granted to Mr, LOCKLING ANSWORTH TONGE known as LAUCHLAND ToNnGE of Michael's Village, St. John’s, Antigua, under the British Nationality Act, 1948. The Secretariat, Leeward Islands, At Antigua. 27th January, 1954. Ref, No. 55/00018. No. 7. The Governor has been pleased, on the 20th January, 1954, to assent to the undermentioned Acts of the Lee- ward Islands:— No. 1 of 1954, ‘The Infants Pro- tection (Repeal) Act, 1954”; No. 2 of 1954, ‘The Leeward Islands Scholarship (Amendment) Act, 1954”: No. 3 of 1954, ‘*The Larceny (Amendment) Act, 19547’; No. 4 of 1954, ‘The Interpretation of Laws (Amendment) Act, 1954”; No. 5 of 1954, * The [Immigration and Passport (Amendment) Act, 1954”; No. 6 of 1954, “The Pradial Larceny (Amendment) Act, 1954”; No. 7 of 1954, “ The Agricultural Small Holdings (Amemdment) Act, 1954”; No. 8 of 1954, “The Medical (Amendment) Act, 1954”; No. 9 of 1954, “The Title by Registration (Amendment) Act, 1954”; No. 10 of 1954, ‘The Appropria- tion Act, 1954. No. 8. The following Acts and Ordinance are circulated with this Gazette and form part thereof:— ACTS, Leeward Islands. No. 1 of 1954, “’Phe Infants Pro- tection (Repeal) Aci, 1954." 1 pp. Price 3 cents. No. 2 of 1954. “The Leeward Islands Scholarship (Amendment) Act, 1954.” L pp. Price 3 cenés. No. 3 of 1954, “The Larceny (Amendment) Act, 1954.” 2 pp. Price + cents. No. 4 of 1954, * The Interpretation of Laws (Amendment) Act, 1954.” 6 pp. Price 8 cents. No. 5 of 1954, “The Immigration and Passport (Amendment) Act, 1954.” 2 pp. Price 4 cents. No. 6 of 1954, ‘The Preedial Lar- ceny (Prevention) Act, 1954.” 17 pp. Frice 19 cenis, No. 7 of 1954, “The Agricultural Small Holdings (Amendment) Act, 1954.” 2 pp. Price 4 cents. No. 8 of 1954, “The Medical (Amendment) Act, 1954.” 2 pp. Price 4 cents, No. 9 of 1954. “The Title by Registration (Amendment) Act, 1954.” 4 pp. Price 6 cents, No. 10 of 1954, “The Appropria- tion Act, 1954.” 3 pp. Price 5 cents. ORDINANCE. Antigua. No. 16 of 1953, ‘The Interpretation of Laws (Amendment) Ordinanee, 1953.” T pp. 4 tee 9 cents. New Stamp Issue, Leeward Islands. It is hereby notified for general in- formation that a new main issue of Leeward Islands postage stamps with their values expressed in decimal currency instead of in sterling will be placed on sale throughout the Colony on the 22nd February, 1954. The 16 THE abovementioned issue contains one new denomination or 8 ct. The design of the new stamps con- sists of a profile portrait of Her Majesty Queen ELIZABETH IT cen- trally placed and the values and colours are as follows:— Value. Colour. $cent brown tL cent grey 2cents green Zeoents yellow and black 4 cents red 5 cents black and purple 6 cents yellow 8cents blue 12 cents purple and rose 24cents black and green 48 cents purple and blne 60 cents green and brown $1.20 yellowgreen and red $2.40 green and red $4.80 purple and black. The Secretariat, Leeward Islands, at Antigua. 8th January, 1954. Ref. No. 65/00025. In The Matter of the Estate of JOSEPH JAMES Powers and privileges of " persons em- ployed to patrol, etc. 8 Preedial Larceny (Prevention) No. 6 of 1954. 12. Where from the examination of any person under the provisions of section 10 it appears toa Community Committee that there is prima facie evidence of the commission of an offence they shall make or cause to be made accordingly a report, either oral or written, to the police officer in charge of the nearest police station. In such report there shall be specified— (a) the name, address or other sufficient description of the person shown by such evidence to be the offender; (6) the name, address or other sufficient description of every person whom the Com- mittee are satisfied is in possession of informa- tion relating to the matter together: with a summary of such information; and (c) any other information in the posses- sion of the Committee relating thereto. 13. (1) Subject to the provisions of subsec- tion (2) of this section a person employed by a Community Committee for patrolling or for guarding property in a declared area in relation to which such Committee has been established, shall, ' during the course of such employment, have and exercise all the powers of a police officer; and, subject to the provisions contained in any law relating to firearms in the Presidency concerned, it shall be lawful for a person so employed to be in possession of a shotgun whilst he is actually patrolling or guarding property in the course of his employment or is proceeding to or from the place where he is required to patrol or guard, (2) The provisions of subsection (1) of this section shall nut apply to any person employed by a Community Committee for patrolling or guard- ing property unless— o : (a) the name of such person has been submitted to the police officer in charge of the Division in which the declared area is situate, before such person has been so employed; and _ (8) such police officer has notified the chairman of the Community Committee that No. 6 of 1954. Praedial Larceny (Prevention) 9 LrEWaRD f IsLANDS. he is satisfied that such person isa fit and © proper person to have and exercise the powers and privileges referred to in this section, PART III. PROVISIONS RELATING TO THE PREVENTION OF PrapiaL Larceny. 14. (1) A Community Committee may authorised nominate any person to the police officer in charge Perss.. of a Division in the Presidency concerned to be an authorised person. (2) It shall be lawful for such police officer, on the nomination of any person as provided in subsection (1) of this'section, and with the sanction . of the Administrator or Commissioner of the Presi- dency concerned, as the case may be, to appoint the person so nominated to be a person authorised to arrest and deal with suspected persons in accordance with the provisions of section 16. (3) Such police officer may at any time revoke any appointment made under subsection (2) of _ this section. (4) Every appointment or revocation of an appointment under this section shall be published in the Gazette. (5) A Community Committee shall have power to pay remuneration to and exercise control over authorised persons within the declared area in respect of which such Committee has been appointed. 15. Whenever a police officer or authorised Power to person has reasonable cause to believe that any ears person has in his possession or under his control duce. any preedial produce which the police officer or authorised person has reasonable cause to ieee ees has been stolen or unlawfully obtained sich police officer or authorised person may require such person to disclose and permit such police officer or authorised person to inspect the contents of any sack, basket, bundle, package, vehicle or other | “receptacle in possession or under the control of such person and if any person refuses or neglects ‘ to disclose and permit the police officer or authorised / Lrewarp IsLANDs. Arrest and trial of sns- pected per- sons, 12/1951. 10 Previal Larceny (Prevention) No. 6 of 1954, person to inspect such contents he shall be guilty of an offence against this Act and shall on summary conviction thereof be liable to a fine not exceed- ing one hundrea and twenty dollars or to impris- onment with or without hard latour for any term not exceeding three months. 16. (1) Any police officer or authorised person may arrest a suspected person without a warrant. (2) As soon as possible after the arrest of a suspected person, the police officer or authorised person making the arrest shall bring the suspected — person, together with any predial produce found in his possession or under his control which is reasonably suspected to have been stolen or unlaw- fully obtained, to a police station. (8) The provisions of sections 22, 23 and 25 of the Police Act, 1951 shall apply in relation to any arrest under this section by an authorised person as it applies to any such arrest by a police officer. (4) If the suspected person does not give an account to the satisfaction of the Magistrate by what lawful means he came by such pradial produce, he shall be guilty of an offence against — this Act and shall on summary conviction thereof be liable to a fine not exceeding two hundred _and forty dollars or to imprisonment with or without hard labour for any term not exceeding six months, and upon a subsequent conviction on a similar charge, to imprisonment with or without hard labour for any term not exceeding twelve months. (5) Ie any suspected person escapes from any police officer or authorised person attempting to arrest him, or lets fall or throws away any preedial produce reasonably suspected to have been stolen or unlawfully obtained it shall be lawful for any Magistrate or Justice of the Peace, upon application, to issue his warrant for the arrest of that person, and upon his arrest that person shall be deemed to have been arrested within the mean- ing of subsection (1) of this section and may be No. 6 of 1954. Predial Larceny (Prevention) 11 deals with in the manner laid down in subsections (2), (3) and (4) of this section. 17. (1) If information is given on oath to any Magistrate or Justice of the Peace that there is reasonable cause for suspecting that any preedial produce stolen or unlawfully obtained is concealed or lodged in any house, store, yard or other place, or on land (whether enclosed or not) or in any vessel, such Magistrate or Justice of the Peace may, by warrant under his hand directed to any police officer, cause the louse, store, yard, place, land or vessel to be entered and searched at any time of the day or, if the warrant so authorises, by night. (2) The Magistrate or Justice of the Peace issuing a warrant: under subsection (1) of this section may, by such warrant, if it shall appear necessary to him, give authority to the’ police officer, with such assistance as may be found necessary, to use force for the purpose of effecting an entry, whetber by breaking open doors or other- wise, but before using such force for the purpose aforesaid the police officer shall make known his authority. (3) If upon search made in accordance with the provisions ef subsections (1) and (2) of this section, ahy predial produce which the police "officer has reasonable cause to suspect to have been stolen or unlawfully obtained is found, the police officer shall arrest and bring before a Magistrate as soon as may be practicable alter such arrest-— (a) the person in whose house, store, yard, place or vessel or on whose land such predial produce is found; and (b) any other person found in such house, store, yard, place or vessel or on such land, : if the police officer has reasonable cause to suspect that such:person placed or was privy to the placing of such preedial produce in such house, store, yard, place or vessel or on such land, knowing or having | reasonable cause to suspect the same to have been stolen or unlawfully obtained. LEEWARD ISLANDS. Search war- rant, Lrewarp IsLaNnDs. Power to board vessel, etc, Trial of per- sons brought before Magis- trate under sections 17 and 18, ~ 12 Predial Larceny (Prevention) No. 6 of 1954 (4) lf a police officer fails or is for any reason whatsoever unable to arrest any person mentioned in paragraphs (a) and (b) of subsection (3) of this section, a Magistrate or Justice of the Peace may issue a warrant for the arrest of sucli person, or a Magistrate may issue a summons requiring such person to appear before the District Magistrate at a time and place to be mentioned in the summons, 18. (1) Any police officer may go on board any vessel in any harbour, bay or roadstead and remain on board the vessel for such reasonable time as he deems expedient. If he has reasonable grounds to suspect that there is on board the vessel any predial produce stolen or unlawfully obtained, he may search, with any assistants, any and every part of the vessel, and, after demand and refusal of the keys break open any receptacle. Upon discovery of any predial produce which he may reasonably suspect to have been stolen or unlawfully obtained, the police officer may tike’ such produce and the person in whose possession it is found before a Magistrate. (2) A police officer may pursue and detain any person in the act of conveying away from any vessel ‘any praedial produce which such police officer may reasonably suspect to have been stolen or unlawfully obtained, whether that person has landed or not, together with any pradial produce so conveyed away or found in his possession. 19. A Magistrate may call upon any person brought or appearing before him under the provi- sions of section 17 or section 18 to give an account to the satisfaction of such Magistrate— (a) by what lawful means any predial produce reasonably suspected to have been stolen or unlawfully obtained came to be in the house, store, yard, place or vessel or on the land where such produce was found; or (6) that he was not privy to the placing of such priedial produce in such house, store, yard, place or vessel or on such land, knowing No. 6 of 1954, Predial Larceny (Prevention) 18 or having reasonable cause to suspect the same to have been stolen or unlawfully obtained, and any person who fails so to satisfy the Magis- trate shall be guilty of an offence against this Act and shall on summary conviction thereof be liable to a fine not exceeding two hundred and forty dollars or to imprisonment with or without hard. labour for any term not exceeding six months, and, upon a subsequent conviction on a similar charge, to imprisonment with or without hard labour for any term uot exceeding twelve months. 20. (1) If any person brought or appearing before a Magistrate under the provisions of sections _.16, 17 or 18 declares that he received any preedial produce reasvnably suspected to have been stolen _ or unlawfully obtained from some other person, or that he was employed as a carrier, agent or servant to convey such produce for some other person, the ‘Magistrate may cause every such other person through whose possession such produce shall previously have passed, to be brought before him either by summons or by warrant, as the Magis- trate shall in each case deem fit. (2) Upon any such person as ie in subsection (1) of this section mentioned being brought before him, the Magistrate may examine that person on oath as to whether he has been in possession or control of the priedial produce reasonably suspected to have been stolen or unlawfully obtained, and, upon his admitting such possession or control, or upon it being proved to the satisfaction of the Magistrate that that person has been in possession or control of such preedial produce, the Magistrate may call _upon that person to give an account to the satisfac- tion of the Magistrate by what lawful means he came by such produce, and, if that person fails to give such account, he shall be guilty of an offence against this Act and shall, on summary conviction thereof, be liable to a fine not exceeding two hundred and forty dollars. or to imprisonment with or without hard labour for any term not exceeding six months, and upon a subsequent conviction on a similar charge, to imprisonment with or without Lerwarb ISLANDS. Tracing pos- session, hard labour for any term not exceeding twelve - months, ae LEEWARD . ISLANDS. Power of police officer _and author- ised person to summon as- sistance. Penalty for assaulting eto. police officer, authorised persons and their agsist- ants, Power of Court to order special police guper- vision. 14 Preedial Larceny (Prevention) No. 6 of 1954. “(8) For the purposes of this section, the possession of a carrier, agent or servant shall be deemed to be the possession of the person who employed the carrier, agent or servant to convey the praedial produce suspected to have been stolen or unlawfully obtained. 21. A police officer or authorised person may call upon any person to aid and assist him in the execution of his duties under this Act, and if any person so called upon neglects or refuses with- ,out lawful excuse to aid and assist such police officer or authorised person he shall be guilty of an offence against this Act and shall on summary conviction thereof be liable to a fine not exceeding one hundred and twenty dollars and in default of payment thereof to imprisonment for any term not exceeding three months. 22. If any person shall assault, obstruct, hinder or resist any police officer or authorised person in the execution of his duties under this Act, or, any person acting in aid of such police officer or authorised person, every such offender shall be guilty of an offence against this Act and shall, on summary conviction thereof, be liable to a fine not exceeding two hundred and forty dollars or to imprisonment with or without hard labour for any term not exceeding six months. 23. (1) When any person is convicted of the felony of predial larceny the Court before whom such person is convicted may oider him to be placed under special police supervision for a period to be epee in such order not exceeding one year. (2) An order placing a person under special police supervision under the provisions of this section may be made in addition to or in su stitution for any other punishment to which such person may be liable, and when such an order is made in addition to any sentence of imprisonment passed upon such person, the period during which he shall be under special police supervision shall commence immediately after the expiration of such sentence. No. 6 of 1954. Preedial Larceny (Prevention) 15 24. (1) A person ordered in accordance with the provisions of section 23 to be placed under special police supervision shall, during the period specified in such order, comply with the following provisions— (a) he shall forthwith upon the com- .mencement of such period notify the police officer in charge of the police station nearest to his residence of the house or place in which he , Tesides; , () he shall, when called upon so to do by the police officer in charge of the police station nearest to his residence, present himself at such police station ; (c) he shall not transfer his residence without the written authority of the police officer in charge of such police station; Lexwarb IsLaNDs. Duties of persons or- dered to be placed under special police supervision, (d) -he shall remain within the doors of | his residence during each night unless excused from so doing on any particular occasion by the police officer in charge of the Division in which he resides. 4 (2) Where such person is authorised in accordance with the provisions of paragraph (c) of subsection (1) of this section to transfer his | residence he shall notify the police officer in charge of the police station nearest to the place in which he will reside of the house or place in which he will reside. (3) A person ordered in accordance with the provisions of section 23 to be placed under special _ police supervision may be visited at his residence by any police officer from time to time during the period specified in such order, ** (4) Any person subject to the restrictions specified in subsection (1) of this section who fails to comply with the provisions of the said subsection shall be guilty of an offence against this Act and on summary conviction thereof shall be liable to a fine not exceeding two hundred and forty dollars or to ‘imprisonment with or without hard labour for any term not exceeding six months. Lerwarp IsLaNnpDs. — Regulations, Repeal, Commence. ment, 16 Predial Larceny ( Prevention) No. 6 of 1954. 25. (1) The Governor in Council may make | Regulations generally for giving effect to the pro- visions of this Act. (2) Without prejudice to the generality of the power conferred by subsection (1) of this section Regulations may be made under that subsection to provide for— (a) the procedure to be followed by a Community Committee in the exercise of ,their powers under section 10; (6) the payment of compensation ‘to authorised persons, and persons employed by a Community Committee under the powers conferred by paragraph (c) of subsection (2) of section 8, for injuries received by such persons in the execution of their duties, and the badges or uniforms to be worn by any such persons. (3) Regulations made under paragraph (8) of subsection (2) of this section shall not come into force until they have been approved by resolution of the Legislative Council of the Presidency concerned. 26. The Act specified in the Schedule to this Act is hereby repealed to the extent specified in the third column thereof. 27. This Act shall come into operation ona date to be appointed by the Governor by proclama- tion in the Gazette. ~K. W. Bracksurne, President. Passed the General Legislative Council this 7th day of January, 1954. A. E. Penvy, Clerk of the Council. No, 6 of 1954: Predial Larceny (Prevention) 17 Lxaewarp IsLaNDs. SCHEDULE. No. of Act. Short title. Extent of Repeal. 18/1949 © The Larceny (Protection Sections 2, 3, 4, 5, oe of Praedial Produce) 6, 7, 8, 9 and 10. Act, 1949. ANTIGUA. Printed at the Government Prjnting Office, Leeward Islands, by E. M. Buackman, E.D., Goveroment Printer.—By Authority. 54. 47/000138—475—1.54. Price 19 oenis. No 7 of 1954. Agricwltural Small Holdings (Amen amen t) (L.S.] I AssENrT, K. W. BrackBurng, Governor. 20th January, 1954. LEEWARD ISLANDS. No. 7 of 1954. An Act to amend further the Agricultural Small Holdings Act, 1938. BE IT ENACTED by the Governor and General Legislative Council of the Leeward Islands as follows:— 1. This Act may be cited as the Agricultural Small Holdings (Amendment): Act, 1954, and shall be read as one with the Agricultural Small Holdings Act, 1938, as amended, hereinafter called the Principal Act. 2. Section 2 of the Principal Act is hereby amended by the insertion, between the definitions \ LEEWARD ISLANDS. Short title. 12/1938. 11/1939. Amendment of section 2 of the Principal ct. of the expressions ‘“‘ Registrar” and ‘“‘ small hold- Act ing”, of the following definition: — “rules of good husbandry’? means the application of such measures for the con- servation of soil, the. maintenance of fertility, and generally for the preserva- tion of the capital value of the holding as are deemed to be a fair and reasonable standard due regard being paid to the standards prevailing in the neighbour- - hood;”’. : The following section is hereby substitu- . ted for section 15 of the Principal Act:— “©15. Where a person is let into posses- sion of a small holding and the contract of tenancy in respect of such holding is not in writing, or, if in writing, has not been regis- tered, the tenaney shall be deemed to be a Substitution of section 15 of the Princi- pal Act. Contracts not m writing and unregis- tered con- tracts. LEEWARD 2 Agricultural Small Holdings No. 7 of 1954. ISLANDS. Substitution of subsection (2) of section 20 of the Principal Act. - (Amendment) tenancy from year to year upon the terms and conditions customary in registered contracts in the district in which the small holding is situ- © ate, and in the absence of any such contracts, upon the terms and conditions contained in the form ‘of contract set out in Schedule A to this. | Act, or as near thereto as circumstances shall . permit; and in any proceedings the Magistrate may make such order. as may be just and reasonable in the circumstances.”’. 4. The following subsection is hereby sub- stituted for subsection (2) of section 20 of, the Principal Act:— ~ “©(2) In the case of sugar cane cultiva- tion, compensation shall be paid for canes growing upon the holding in the ordinary course of cultivation. and for subsequent crops not extending beyond first ratoons and, pro- vided that the tenant has cultivated and managed the holding in accordance with the rules of good husbandry, for subsequent cane crops not extending beyond the second ratoons: Provided that no compensation shall be payable in respect of any sugar cane planted, without the consent in writing of the landlord, after service of a notice to quit.”. K. W. BiackBurne, President. Passed the General Legislative Council this 7th day of January, 1954. A..E. Penn, Clerk of the Counetl. = ANTIGUA., Printed at the Government. Printing ‘Office. Leeward Islands. by BE. M. Buacxway, E.D., Government Printer.—By Authority. 1954. 47/00177—475—1.54. (Price 4-cents.} No. 8 of i954. Medical (Amendment). [L.8.] I AssEnT, -K. W. Buiackpurne, Governor. 20th January, 1954. - LEEWARD ISLANDS, No. 8 of 1954. % An Act to amend further the Medical Act, 1987. BE IT ENACTED by the Governor and General Legislative Council of the Leeward Islands as follows:— 1. This Act may be cited as the Medical (Amendment) Act, 1954, and shall be read as one with the Vedical Act, 1937, as amended, hereinafter called the Principal Act. 2. Section 2 of the Principal Act is hereby amended by the deletion of the definition of the expression “ Medical Register” appearing therein LerwarD IsLANDS. Short title, 31/1987, Amendment of section 2 of the Principal Act. and the substitution therefor of the following:— | ‘© Medical Register” means the Register of . - medical practitioners, dentists, opti- cians; and chemists and druggists required to be kept in pursuance of this Act.”. ; 8. Section 10 of the Principal Act is here- by amended by the deletion of the words “Medical Practitioners, Dentists, Opticians, or Druggists” appearing therein and the substitu- tion therefor of the following words:— ‘medical practitioners, dentists, opti- cians, or chemists and druggists”. 4. Section 29 of the Principal Act is hereby amended as follows:— (i) by the deletion in paragraph (ii) of the _ words “or dental surgery, or perform any dental operation in respect of which: he shall demand or receive any fee or gratuity, ”; Amendment of section 10 of the Principal Act. Amendment of section 29 of the Principal Act. LeewarD 2 ~ Medical (Amendment). No. 8 of 1954. eres (ii) by the deletion of paragraph (6) of the i proviso and the substitution therefor of ° the following:— __ (6) the extraction of teeth by a duly registered chemist and druggist \ with the application of local anzesthetics otber than cocaine, if authorised in writing so to do by a Medical Board; or ”. ~K. W. Brackgurne, President. Passed the General Legislative Council this 7th day of January, 1954. A. E. Pewy, Clerk of the Council, ANTIQUA, Printed at the Government Printing Office, Leeward Islands, by E. M. Buackman, E.D., Government Printer.—By Authority. | : . 1954 - 47/00154-475—1.54, Price 4 cents, N 9 £ Title by Registration No. 9 of 1954, ' (Amendment). — [L.8.] I Assent, Kk. W. BiackBurNE, Governor. 20th January, 1954. LEEWARD ISI.ANDS. No. 9 of 1954. An Act to amend further the Title by Registration Act. BE IT ENACTED by the Governor and General Legislative Council of the Leeward Islands as follows:— 1. This Act may be cited as the Title by Registration (Amendment) Act, 1954, and shall be read us one with the Title by Registration Act, as amended, hereinafter called the.Principal Act. 2. The Principal Act is hereby amended by the insertion therein immediately after section 34 of the following section as section 34A:— ““34A. (1) Where any person is the registered proprietor of contiguous parcels of land, it shall be lawful for the Registrar of Titles at the request of such person to issue to him one certificate of title in respect of the said parcels of land in substitution for the several certificates of title relating thereto. (2) Sections 12 and 18 of this Act shall have effect, mutatis mutandis, on every request - made under subsection (1) of this section.”. , 8. The following section is hereby substitu- ted for section 155 of the Principal Act:— “155. (1) Where a solicitor is employed to do professional work under this Act, he shall be permitted to charge an ad valorem fee ~ according to the scale set forth in the Fifth Schedules. \ LEEWARD - ISLANDS. } Short title. Cap. 99. Insertion of new section to the Prinoi- pal Act. Consolida- tion of certifi- cates of title, Substitution of section 155 of the Princi- pal Act. Fees to be paid to solici- tors. LEEWARD ISLANDS. 2 Title by Registration No. 9 of 1954. (Amendment). _ (2) The fee referred to in subsection (1) of this section shall not include payment for . professional work rendered in respect of contentious litigation arising between parties, or the: customary commissions payable for carrying through negotiations for purchase, sale or loan. (3) Spbject to the provisions of subsec- tion (2) of this section, the fee referred to in subsectién (1) of this section shall cover not merely the filling up of any form or instrument required to be presented to the Registrar of Titles, or any other form under this Act, but also all meetings, correspondence and all other charges whatsoever which the solicitor might otherwise have legally made, or which might have been charged before the passing of this Act, in relation to professional work, or any similar professional work, required to be performed. — (4) If the solicitor and his client are unable to agree upon the value of the land or incumbrance for the purposes of this section, the question shall be referred to the Registrar of Titles-who shall fix’ the said value and for so doing he may require such evidence by affidavit. or otherwise as he may think fit. (5) Where the value of the land or incumbrance fixed by the Registrar of Titles under subsection (4) of this section exceeds four thousand eight handred dollars. either party, if dissatisfied therewith, may bring the question before the Court in the manner provided by section 139 of this Act. (6) For the purposes of this section the property value of incumbrances shall be taken as ten years of the annual sum chargeable on the estate value or whole value of instalments secured,” ; No. 9 of 1954. - Title by Registration 3 LEEWARD (Amendment). ISLANDS. 4. The Fifth Schedule to the Principal Act, Babeneaen ‘is hereby repealed and the following Schedule Schedule ta substituted therefor:— = Principal “FIFTH SCHEDULE. (Section 155) © 1. First Certificate of Title and Transfer subsequent to First Certificate of Title. Fee based upon the value of the land on the following scale:— For the first $480 minimum fee ss 57, Second $480 yy gy Ext $3840 ,, each succeeding $4800 or part thereof 2. Transmission—Taking out Certificate of Title, Consolidation of Titles and Crop Advance Warrants. - _ Fee based upon the value of the land or, in the case of Crop Advance Warrants, the estimated crop value, on the following scale:— One half of the-sums specified in the several categories set out in paragraph. 1 of this Schedule. 3. Mortgages, Transfer of Mortgages and Incumbrances. For the first $480 », 9 next $4320 »» all amounts in excess of $4800 4 4. Discharge of Mortgages and Caveats For indorsement of discharge Entering, withdrawing or removing Caveats. $20.16 $10.08 13% © 1% $15.12 1% 13% $10.08 $10.08 LEEWARD 4 — Title by Registration. No. 9 of 1954. ISLANDS. (Amendment). 5. ‘Sale of Incumbered Land. (a) - Fees based upon the sale value of the land sold on the following scale:— For the first $480 ny 4 » 95 next $480 4% ” ” ” $1920 3% Gwe ay, $UOIS20 2% », ‘sll’ amounts in excess of $19,200 - e% (6) For each additional application for or incidental to the sale of incum- bered land, such fee as the Court may allow not exceeding $15.12 6. For replacement of a lost Certificate of Title. $15.12 7. Any work performed under this .Act not provided for by this Schedule. | Such fee as the Court may allow inder_sec- tion 155B of this Act.” K. W. BLackBurNE, Phesione Passed the General Legislative | Council this 7th day of January, 1964. A. E. Penny, Clerk of the Council. ANTIGUA, Printed: at the Government Printing Office, Leeward Ielands, by E. M. Buaoxman, E.]), Government Printer.—By Authority. E “1954. : 47/00272—475—1.54, (Price 6 cents.] No. 10 of 1954. - Appropriation. PLES. I AssEnt, K. W.-BiackKBurNE, Governor. 20th January, 1954. LEEWARD ISLANDS. No. 10 of 1954. An Act to provide for the services of the Colony of the Leeward Islands for the year ending on the thirty- first day of December, 1954. BE IT ENACTED by the Governor and General Leeward IsLANDS. Legislative Council of the Leeward Islands as follows:— > - 1. This Act may be cited as the Appropriation Act, 1954. Q. There shall be and there is hereby granted to Her Majesty the Queen, for and during the year ending on the thirty-first day of December, 1954, the sum of Seven Hundred and Wighty-five Thousand, and Highty- eight Dollars, over and above the sums already granted and provided under the Acts in force in the Colony to be applied and expended in the manner and for the services specified in the.First Schedyle hereto. 3. Such part of the said sum of Seven Hundred ‘and Eighty-five Thousand and Highty-eight Dollars, and also the sums already granted and provided as aforesaid amounting to the sum of Eighteen Thousand Dollars ‘as set forth in the Second Schedule hereto, as is recoverable from the several Presidencies shall be charged upon their funds in the proportions specified in the Third Schedule hereto. . K. W. Bracksurne, President. Passed the General Legislative Council this 7th day of January, 1954. : A. E. Prny, Clerk of the Council. Short title. Appropriation. Proportions payable by Presidencies, ‘LEEWARD 2 ISLANDS, HEAD, Il. III. IV. VI. VII." VIII. "TX. exe XII. XII. HEAD. TL _ Appropriation. FIRST SCHEDULE. SERVICE. Pensions Governor Secretariat Audit Education =o Judicial Legal Miscellaneous Police : ® Post: Office Printing Treasury cas Development & Welfare and Other Imperial Grants SECOND SCHEDULE. SERVICE. Governor No. 10 of 1954, AMOUNT. $ ’ 86,703 15,883 40,186 41,702 16,281 11,067 12,017 64,332 386,282 8,000 33,637 2,640 66,358 785,088 AMOUNT, $ 18,000 18,000 perme oi Ss Bice Carlwor. Appropriation, 8 LeEwarD — : THIRD SCHEDULE. ° _ ee General Apportionment. Antigua .. 3848/1000 St. Kitts-Nevis and Anguilla o 535/1000 Montserrat oer 61/1000 Virgin Islands i, 56/1000 Police. Oo 7 In respect of Personal Emoluments based on services rendered according to distribution of personnel. : $ Antigua oe 191,191 St. Kitts-Nevis and Anguilla en 132,668 Montserrat Bae 39,203 Virgin Islands tee 6,848 + ANTIGUA, Printed at the Government Printing Office, Leeward Islands, by E. M. Bnackman, E,D., Government Printer.—By Mothority : : 1954, Y 47/00083 —475—1.54, Price 5 cents, ac eS No. 16 of 1953. Interpretation of Laws (Amenament). | [L.S.] _ I Assent, K. W. BrackBurneE, Governor. 31st December, 1953. ANTIGUA. No. 16 of 1953. \ ANTIGUA. An Ordinance to amend further the mn of Laws Act, 1896. ; BE IT ORDAINED by the Governor and Legislative Council of Antigua as follows:— 1. This Ordinance may be cited as the Interpretation of Laws (Amendment) Ordinance 1953 and shall be read as-one with the Interpreta- tion of Laws Act, 1896, as amended, hereinafter called the Principal Ordinance. 2. Section 10 of the Penpals Ordinance is Bereby amended as follows:— (a) by the renumbering of the seetion as subsection (1) of section 10; ie (0) by the addition of the following as subsections (2) and (38) respectively :—- “*(2) All acts done and performed by the person acting fer, and doing the duty of, any public officer who has obtained leave of absence within the period for which such leave has been granted, shall be good, valid and effectual for all purposes whatsoever, notwith- _ standing that such public officer may be x within the Presidency at the time when such acts were done and performed, 329. 72074 L4ug7t Short Title, 6/1896, 29/1927, 1/1934, 3/1988. 18/1939, Amendment of Section 10 of Principal Or‘dinance, ANTIGUA. 2 Interpretation of Laws (Amendment). No. 16 of 1953. Amendment of section 11 cf the Prinoi- (3) Unless the contrary intention appears, where any Ordinance, whether passed before or after the commencement of this Ordinance, contains a reference to the Attorney-General, the reference shall, in the absence of the Attorney-General from the Presidency; be construed to include a reference to the Crown Attorney present in the Presidency -as the ~~ Attorney General’s deputy.” 8. Subsection (3) of section 11 of the Principal Ordinance is hereby repealed and replaced pal Ordinance. gg follows:— (3) Where any Ordinance, whether passed before or after the commencement of this Ordinance, confers power on any author- ‘ity to make or issue any instrument (that is to say, any regulation, rule, by-law, proclamation, order-in-council or order) the following provi- sions shall, unless the contrary intention appears, have effect with reference to the making, issue and operation of such instru- ment— . , (a) any instrument as aforesaid may at — any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made; (6) there may be annexed to the breach of any regulation, rule, by-law, order-in- council or order such penalty not exceeding forty-eight dollars-as the authority making the regulation, rule, by-law, order-in-council or order may think fit; (c) where any Ordinance confers power on any authority to make any regulation, rule, by-law, order-in-council or order for any general purpose, and also for any special - purposes incidental thereto, the enumeration of the special purposes shall not be deemed to derogate from the generality of the powers conferred with. reference to the general: purpose; (d) no regulation, rule, by-law, order-in- council or order shall be inconsistent with the provisions of any Ordinance,” “No. 16 of 1953. Interpretation of Laws (Amendment). 3 ANTIGUA. 4. (1) Section 18 of the Principal Ordinance is Amendment hereby amended as follows:— of the Prin- s . cipal Ordi- nanoe, (a) by the*substitution of the following for paragraph 6 thereof— (6) The expression ‘ Goverhor” _ shall mean the Officer for the time being administering the Government of the Presidency ;”’ and (b) by the substitution of the expression ‘the Governor” for the expression “a Gover- nor” appearing in the definition of the expression ‘Justice of the Peace”; and (c) by the addition thereto of the follow- ing paragraphs immediately after paragraph 33—. (34) The expression ‘‘ Act”’ shall include Ordinance and private Act or Ordinance, and any regulation, rule, by- law, proclamation, order-in-council or order made under the authority of any Act or Ordinance; (35) The expression “ Chief Justice” shall mean the Chief Justice of the Supreme Court of the Windward Islands and Leeward Islands; (36) The expression “law” shall | include any Ordinance, Federal Act or Act of the Imperial Parliament and any regulation, rule, by-law, proclamation, order-in-council, order, scheme or direc- tion made or given under the authority of any law; (37) The expression ‘“ Ordinance” shall include private Ordinance and any Act or private Act-of the Legislature of Antigua and any regulation, rule, by- law, proclamation, order-in-council or order made under the authority of any such Act or Ordinance; (38) The expression “ prescribed shall mean prescribed by an Ordinance in which the said expression occurs or ANTIQUA, 4 Interpretation of Laws (Amendment). No. 16 of 1953. . Insertion of by any regulation, rule, by-law, order-in- -council, order, or form of notice issued or made thereunder and in relation to any regulation, rule, order-in-council or order . shall mean prescribed by the Governor in Council unless some other authority is mentioned in the Ordinance; (39) The expression “subsidiary legislation’ shall mean any regulation, rule, by-law, proclamation, order-in-coun- cil, order, direction, notice or other instrument made under any Ordinance or other lawful authority and having legisla- tive effect. _ (2) Paragraph (a) of subsection (1) of of this section shall come into operation on a day to be appointed by the Governor by proclamation published in the Gazette. 5. The following new sections shall be rep sections inserted in the Principal Ordinance immediately in Principal Ordinance. after section 18 thereof :— ‘Change in title of public office. 18A. Whenever the Governor considers it necessary to change the title of any public office, he shall cause a notice to that effect to be published in the Gazette setting out the former ttle and the substituted title or titles of such office, and declaring that such change of title shall take effect or shall be deemed to have taken effect, from a date specified in such nective, and with effect from such date— — (a) where the change in title consists in the substitution of a single title for the former title, the substituted title shall replace the former title wherever the former title appears in any Ordinance or in any deed or other instrument made or * issued pursuant to or consequent upon any such Ordinance; and (6) where the change in title con- sists in the substitution of- two or more titles for the former title, the former title shall be replaced, in the provisions of any - such Ordinance, deed or other instru- ment as may be specified in such notice, by such substituted title as may be speci- fied in guch notice, No. 16 of 1953. Interpretation of Laws (Amendment), 5 Antigua. 18B. No Ordinance shall in any manner Rights of the whatsoever affect the rights of the Crown “°*” unless it is therein expressly provided or unless it appears by necessary implication that the Crown is bound thereby. 18C. When a substantive holder of any Appointment office constituted by or under any Ordinance S,ecgemer ‘° is on leave of absence pending relinquishment leave of ab- of his office, it shall be lawful for another Spee Bret s person to be appointed substantively to the substantive same office. holder, 18D. Where by or under any Ordinance 4 ppointment the Governor or any public officer or body is °f officers by : name or office. empowered to appoint or name a person to have and exercise any powers or perform any duties the Governor or such public officer or body may either appoint a person by name or direct the person for the time being holding the office designated by the Governor or by such public officer or body to have and exercise such powers and perform such duties; and thereupon or from the date specified by the Governor or by such public officer or body, the person appointed by name or the person for the time being holding the office aforesaid shall have and may exercise such powers and perform such duties accordingly. 18E. Where any Ordinance confers Power to upon any person or authority power to make chet uowe! appointments to any office or place the power to remove, ete. shall be construed as including the power to remove or suspend any person appointed, and to reappoint or reinstate him, and to appoint another person temporarily in the place of any person so removed or suspended or in place of any holder of the office or place, who has died or is ill or absent, and to appoint another person temporarily to fill any vacancy in the office or place arising from any other cause: Provided that where the power of the person or authority to make any such appoint- ment is only exercisable upon the recommen- ‘dation or subject to the approval, consent or concurrence of some other person or authority Anrigua. Power of Gov- ernor to pro- vide for execu- tion of duties -of public offi- cer during temporary absence or , inability. Power tothe Governor to appoint publics officer as such to serve on board and to - appoint chair- man. Vowers of a board, etc. not affected by yacancy, etc, ‘be a member of such _ board, 6 Interpretation of Laws (Amendment). No. 16 of 1953. the power of removal shall, unlesss the contrary intention appears, only be exercisable upon the recommendation of or subject to the approval, consent or concurrence of that other person or authority. 18F. Where by or under any Ordinance any powers are conferred or any duties are imposed upon a public officer, the Governor may direct that if during any period owing to absence or inability to act from illness ‘or any othcr cause such public officer shall be unable to exercise the powers or perform the duties of his office in any place.under his jurisdiction or control, such powers shall be had and may be exercised and such duties shall be performed in such place by the person named by, or by the public officer holding the office designated- by, the Governor; and thereupon such person or public officer, during any period as aforesaid shall have and may exercise the powers and shall perform the duties aforesaid, subject to such. conditions, exceptions, and qualifications as the Governor may direct. 18G. (1) Where by or under any Ordi- nance power is given to the Governor to - appoint any persons to be members of any board, commission, committee or similar body it shall be lawful for the Governor, in the absence of any provision to the contrary, to so appoint, by his official designation, any public officer, and, on such appoiutment and until such appointment shall be cancelled or oth:rwise determined, the person for the time being filling the office in question shall commission, committee or similar body. (2) Where by or under any Ordinance power is given to the Governor to appoint any board, commission, coinmittee vr similar body, it shall be lawful for the Governor, in the absence of any provision to the contrary, to appoint a chairman of such board, commis- sion, committee or similar body. 18H. Where by or under any Ordi nance any board, commission, committee or similar body, whether corporate or unincor- No. 16 of 1953. Interpretation of Laws (Amendment). 7 porate, is established, then, unless the. con- trary intention appears, the powers of such board, commission, committee or similar body shall not be affected by— (a) any vacancy in the membership thereof; (b) the, fact that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member there- of; or . (c) the fact that. there was any minor irregularity in the convening of any meeting thereof. 181: Save as is otherwise expressly pro- vided by any Ordinance, whenever any act or thing is required to be done by more than two ’ persons, a majority of them may do it. 18J. Whenever any Act of the Imperial Parliament is extended to the Presidency such Act shall be read with such formal alterations as to names, localities, courts, officers, persons, moneys, penalties and otherwise as may be necessary to make the same applicable to the circumstances.” © : 6. Section 3 of the Principal Ordinance is hereby repealed. R. Sv. J. O. Warnr, President. Passed the Legislative Council this 21st dsy of December, 1953. Bet as J. L. Ropinson, Clerk of the Counctl. - -ANTIGUA, ANTIGUA. Power of majority of more than two persons. Imperial Acts to be read with necessary modifications. Repeal. Printed at the Government Printing Office, Leeward Islands, by E. M. Biacxman, E.D,, Government Printer.—By Authority. 1954 —480— 1.54. Price 9 cente,