THE

. LXXXILL.

 

Published by Authority.

THURSDAY, 3rp

FEBRUARY, 1953. No. 6.

 

 

Notices,

BY THE GOVERNOR OF THE
LEEWARD ISLANDS.

A PROCLAMATION.

k. W. BLACKBURNE,
Governor.

WHEREAS by subsection (1) of
section 25 of the Montserrat Consti-
tution and Elections Ordinance, 1952
¥No. 1 of 1952), it is provided that
the Governor may, at any time, by
@roclamation, summon, prorogue or
dissolve the Legislative Council of
the Presidency:

AND WHERKAS by subsection (2)
of the said section 25 of the said
Ordinance, it is further provided that
the Governor shall dissolve the Coun-
cil at the expiration of three years
from the date of the return of the
first writ at the last preceding general
election, if it shall not have been
sooner dissolved:

NOW, THEREFORE, I do by this
my proclamation dissolve the said
Council on the 10th day of February,
1955.

AND all Her Majesty’s Officers
and loving subjects in the said Presi-
dency and all others whom it may
concern are hereby required tu take
due notice hereof, and to govern
themselves accordingly.

GIVEN under my hand at the
Government House, Antigua,
this 28th day of January, 1955,
and in the third year of Her
Majesty’s reign.

GOD SAVE. THE QUEEN!
Ref No, 18/00053.

 

Tt is hereby notified for general
information that:—

1. Having regard to the fact that
the ship bringing the decorations for
the visit of Her Royal Highness The
Princess MARGARET will not arrive
in time, customs duty will be waived
on buntings and decorative materials,
including coloured electric bulbs,
imported between the 25th January
and 28th February, 1955.

K

LtK&le

2. A resolution to that effect was
passed by the Legislative Councll at
at the meeting of the 26th January,
1955.

Administrator’s Office,

 

Antigua.
26th January, 1955.
A. 63/7.
Argenting Consular Repre-
sentation.
With reference tothe notice ap-

pearing in Leeward Islands Gazette
No. 57 of the 16th December, 1954,
it is notified for general information
that the Exequatur empowering
SENOR DoN JORGE IGNACIO NICOLINI
to act as Consul General of the
Argentine Republic in London, with
jurisdiction including United King-
dom Overseas Territories not already
within the district of an Argentine
Consular Officer and with jurisdiction
over territory which is within the
district of the Argentine Consular
Officer at Hong Kong, received Her
Majesty’s signature on the 30th
December, 1954.

The Secretariat,
Antigua.

27th January, 1955.

19/0009,

 

It is notified for general information
that Mr. CLARENCE JAMES has been
appointed under section 4 of the
Cattle Trespass Ordinance, 1910, as
Keeper of a Public Pound at Picarts
in the Parish of St. Mary as from 7th
January, 1955.

Administrator.s Office,

 

Antigua.
26th January, 1955.
A. 50/40.
No. 12.
Appointments und transfers etc.,

in the public service, with effect from
the dates stated, are published for
general information :—

MICHAEL, R. I. E., Junior Clerk,
Audit Office, to be Senior Clerk,
Audit Office. Oct. 29, 1954.

No. 13.

The following Act and Statutory
Rules and Orders are circulated with
this Gazette and form part thereof:—

ACT.
Leeward Islands.
No. + of 1955, ‘*The Pensions
(Amendment) Act, 1955.”
10 pp. Price 12 cents

STATUTORY RULES & ORDERS,

Antigua.

No. 3 of 1955, “ Resolution of the
Legislative Council—abolishing Cus-
toms Duty on decorative material
imported between the 25th January
and 28th February, 1955, for the visit
of Her Royal Highness The Princess
Margaret. 1 pp. Price 3 cents

Montserrat.
No. 7 of 1954, ‘The Midwives
Rules, 1954. 7 pp. Price 9 cents

RAINFALL FIGURES.
Central Experiment Station,

 

Antigua.
195], 1952. 1953. 1954, 1955,
Jan. 29 3.06 1.59 1.92 2.93 2.16

TRAFFIC NOTICE.

The Vehicles and Road Trafic
Ordinance, 1946.

on me in section 2 of the Vehicles
and Road Traffic Ordinance, 1946
(No. 5 of 1946), I hereby fix the
period hereunder for the lighting of
vehicles.

Until further notice, the lighting
of vehicles shall be from 6 p.m. to
6 a.m,

Dated this 12th day of January,
1955.

E. M. V. James, Lt.-Col.,
Traffic Commassioner.
Ref. No. 36/00004.

TRAFFIC NOTICE.

On Thursday, 3rd February, 1955 a
Rehearsal of the Evening Entertain-
ment to be held at Government House
during the visit of Her Royal High-
ness Princess MARGARET will be
earried out. It is, therefore, neces-
sary to make the following Orders:—

No vehicular traffic of any deserip-
tion will be allowed to travel or park
on any of the roads around Govern-
ment House, viz.

East Street, between Long Street
and the Parham Road,

Bishopgate Street, between Cross
Street and the Coronation Road,

Cross Street, between St. John’s
Street and Long Street,

Church Street, between Cross Street
and East Street between the hours of
8 p.m. and I1 p.m.
18 THE

Persons attending this function in
cars are requested to park them on
the A.C.C. Grounds.

E. M. V. JAMES, Lt. Col.,
Traffic Commissioner.

24th January, 1955.
Ref. No. 36/0v004.

TRAFFIC NOTICE.

On Monday, 7th February, 1955 at
10.30 a.m. there will bea Rehearsal of
of the Youth Rally which will be
held during the visit of Her Royal
Highness Princess Margaret on the
A.C. C. Grounds. It is therefore
necessary to make the following
Orders:—

Clozing of Roads and Parking
of Cars.

From 10 a.m. until the end of the
programme, no traffic will be allowed
to travel or park on East Street,
between Long Street and the Parham
Road.

No parking will be allowed on the
Factory Road, between East Street
and the Coronation Road.

No vehicular traffic will be allowed
on the Coronation Road west of the
Prison.

Members of the public attending
the Youth Rally will park their cars
on the grounds of the St. John’s
Boys’ School.

Vehicles from Government House
will travel through the North-west
Gate, turn right West of the Pavilion
and proceed to the Royal Dias.

K. M. V. JAMES, Lt.-Col.,
Trafic Commissioner.
Ref. No. 36/00004.

 

University College Hospital of
the West Indies.

Applications are invited for the
post of Registrar in the Division of
Medicine at the above-named teach-
ing hospital which is in special
relationship with the University of
London. High+r qualifications cesir-
able jut not essential. The success-
ful candidate will be required to be
in Jamaica as early as possible after
appointment.

The appointment will be for one
year in the first instance, subject to
renewal. Salary is payable within
the scale £800 x 100—£1,000/£ 1,100
x 100—£1,400 per annum, depend-
ing on experience and qualifications.
Single accommodation and board,
or a limited number of unfurnished
flats for unmarried or married officers,
are provided ata deduction of £125
per annum or 5% of salary, respect-
ively. Return first class passage by
sea will be paid for one person only.

Further information may be ob-
tained from the Hospital Manager
and Secretary, University College
Hospital, Mona P. O., Jamaica,
B. W. I., to whom applications stating
age, nationality and details of qualifi-
cations and experience, together with

LEEWARD ISLANDS GAZETTE.

three recent testimonials or the
names and addresses of three
referees, should be sent by the 28th
of February, 1955.

=

[3 February, 1955.

referees and including the approxi-
mate date on which the candidate
could become available, shonld be
sent by the 28th of February, 1955. |

 

University Collese Hospital of
the West Inilies.

Applications are invited for two
posts of Registrar or Senior Registrar
in the division of Surgery at the
above-named teaching hospital which.
ig in special relationship with the
University of London. Applicants
should possess a higher qualification
in Surgery. ‘The successful candi-
dates will be required to assume
duties as soon as possible after the
15th of March and the Ist of June,
1955.

The appointments will each be for
one year in the first instance, subject
to renewal. Salary is payable within
the scale £800 x 100—£1,000/£1,100
x 100—£1,400 per annum, clepend-
ing on experience and qualifications.
Single accommodation and board for
a limited number of unfurnished
flats for unmarried or married offi-
cers, are provided at a deduction
of £125 per annum or 5% of salary,
respectively. Return first class pas-
gage by sea will be paid for one
person only in each case.

Further information may be = ob-
tained from the Hospital Manager
and Secretary, University College
Hospital, Mona P. O., Jamaica,
B.W.I., to whom applications stating
age, nationality and details of qualifi-
cations and experience, together with
three recent testimonials or the names
and addresses of three referees, should
be sent by the 28th of February,
1955.

University College Hospital of
the West Indies.

Applications are invited for the
post of Senior Registrar in the
depariment of Diagnostic Radiology
at the above-named teaching Hospital
whic is in special relationship
with the University of London.
Preterence will be given to candi-
dates holding a diploma in diagnostic
radiology.

The appointment will be for one
year in the first instance, subject to
renewal. Salary will be in the scale
£1,000 x 100—£1,400 per annum,
depending 9n experience and qualifi-
cations. Single accommodation and
board or a limited number of
unfurnished flats for unmarried or
married officers, are provided at a
deduction of £125 per annum or 5%
of salary, respectively. Return first
class passages by sea will be paid
for one person only.

Further information may be ob-
tained from the Hospital Manager
and Secretary, University College
Hospital Mona P. O., Jamaica,
B,W. J., to whom applications stating
age, nationality and details of qualifi-
cations and experience, together with
three recent testimonials or the
names and addresses of three

Vacancy for Assistant Attorney
General, British Honduras.

Applications are invited for the
post of Assistant Attorney General,
British Honduras, which will fall
vacant about the middle of 1955.

g. The duties of this post are:—

(1) To prosecute for the
Crown in the Courts of the
Colony and to appear for the
Government in civil proceedings;

(2) To act as legal adviser to
Government, as directed by the
Attorney General;

(3) To draft or assist in draft-
ing the Jaws of the Colony;

(4) To perform any other duty
and render any further assistance
to the Attorney General us may
be directed.

8. The qualifications required are
those of a Barrister-at-Law with at
least four years’ practical experience.

4. The post is on the permanent
and pensionable establishment and
carries a salary in the scale of
$3,120 - 120 - 3.600 -150-3,900 KE. B,
$4,050-150-4,200. (44 B.H.=—£1 Ster-
ling). The point of entry to the
scale will depend on the qualifications
and experience of the successful
candidate.

5. except in the case of officers
confirmed in their appointments with
other Governments, the appointment
will be on probation for two years in
the first instance. The successful
candidate will be required to produce
a madical certificate of fitness, and
will be subject to Colonial Regulations
and to local General Orders. a

6. Free passages will be provided
on first appointment and on leave
for the officer and _ his family,
not exceeding four persons in all.
Leave with full salary is at the rate of
five days for each completed month
of resident service, with a maximum
of 180 days. The length of a tour is
2 to 3 years. Free passages on leave
are provided for the officer and his
wife, subject to the provision of funds
annually by the Legislative Assembly.
When travelling on duty a subsistence
allowance of $2.50 a day for the first
six days, $2.00 a day after the first six
days, and $1.75 a day after the first
thirty days, is paid.

7. Free quartersare not provided.
Bat, if Government quarters ure
allocated to the officer, rental is pay-
able at the rate of 75% of salary and
the basic heavy furniture is provided
at an annual rental of 6% of its total
value.

8. Income Tax is payable
accordance with local legislation.

9. Applications, containing full
particulars, should be addressed to the
Colonial Secretary, Belize, British
Honduras, to reach him «as soon as
possible and in any event not later
than the 28th February, 1955.

Ref, No, 13/00004—II.

in
& February, 195-.| THE LEEWARD ISLANDS GAZETTE. 19
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
(ANTIGUA CIROUIT)

Civil Jurisdiction.
Suit No. 33 of 1954.

Between:
ROBERT TOScH Plainuff
and
LESLIE ALFRED THOMPSON Defendant.
Before: DATE J.

E. E. HaRNEY and J. R. Henry for Plaintiff.

C. E. FRANCIS for Defendant.

JUDGMENT.

This is an action in detinue in which numerous questions have been raised, some of them quite insubstan-
tial. The simplest course in the circumstances might be to begin my judgment by setting out the material pleadings.
They are as follows:—

Statement of Claim.

The plaintiff is the tenant of premises at 37, St. Mary’s Street in the City of Saint John in the Island of
Antigua. The defendant is the owner of the said premises and the landlord of the plaintiff.

From the 5th day of July, 1954, the defendant has been in possession of the said premises but the
plaintiff has been entitled to possession.

On the 7th day of July, 1954, and on several occasions follewing, the plaintiff has demanded possession
of the said premises and his goods and chattels therein but the defendant has refused to deliver them up. In
particular, on the 3rd day of August, 1954, the plaintiff demanded possession of the said premises and his chattels
and the defendant has not delivered them up.

The plaintiff claims a return of his goods and chattels, viz.,

(1) Display case and compressor
(2) 1 H.P. Compressor

3) 1 Blower—Condenser Unit
) 2 Sets Butcher Cutlery

) 1 Meat Grinder

) 2 Moro Wood Cutting Tables
) 1 Walk-in Refrigerator Unit and Accessories
) 1 Adding Machine

) 1 Food Safe

(10) Books, papers etc.

(11) Sundry Domestic articles

or their value. The plaintiff claims damages for their detention.

me A aN

Defence.
The defendant LESLIE ALFRED THOMPSON for his defence herein:

1. From the L5th day of February, 1954, and up to the present time the plaintiff became the defendant’s
tenant of the premises at 37 St. Mary’s Street, in the City of Saint John, in the Island of Antigua, at a monthly
rental of Sixty dollars ($60 00),

2. The defendant denies the allegations in the unnumbered paragraphs 2 and 3 of the Statement of Claim.

3. Up until 3lst July, 1954, the plaintiff had not paid any rents in respect of the said premises which
arrears then amounted to $3¢0.00,

4, On Sunday 4th July, 1954, all the plaintiff's goods and fixtures were being removed from the premises
in the absence of the plaintiff and on the instance of the plaintiff and his Solicitor the keys of the premises were
voluntarily handed over to the defendant’s Solicitor by the plaintiff’s Solicitor.

5. Thereafter the plaintiff by his servants and agents had access to the premises and his goods and chattels
at all times on request to the defendant or his Solicitor.

6. The defendant claims that at all material times he had a lien on the goods for which the defendant was
and is entitled for rentals in respect of the said premises due to him by the plaintiff.

7. On or about 21st July, 1954, the defendant and his Solicitor visited the plaintiff in another place, They
discussed the tenancy and the plaintiff promised to inform the defendant concerning the continuance of the
tenancy after a few days.

8. By letter dated 30th July, 1954, the plaintiff forwarded the defendant a cheque for $360.00 in respect
of rentals of the said premises. The plaintiff informed defendant that the plaintiff’s Solicitor had full permission
to dispose of his goods and to use the proceeds to liquidate his debts.
&
20 THE LEEWARD ISLANDS GAZETTE. [3 February, 1955.

9. It was agreed between the plaintiff and the defendant that if rent was in arrears for twenty one days and
that if he should make any assignment or benefit of his creditors or entered into any agreement or make any arrange-
ment with his creditors for the liquidation of his debts by composition or otherwise then it would be lawful for the
defendant to enter and determine the tenancy forthwith.

10. The defendant never at any time or at all refused to deliver the goods and chattels of the plaintiff.

ll. By letter dated 31st July, 1954, delivered to the plaintift’s Solicitor on 3rd August, 1954, the defendant
expressed his willingness to determine the tenancy, called attention to indebtedness to him in the sum of $431.06 and
offered to deliver the chattels on payment of this debt.

12. The plaintiff has not paid the said indebtedness or made any demands in respect of the said chattels.

13. The defendant says that the item claimed in (7) of paragraph 4 of the Statement of Claim and its
accessories is a landlord fixture and as such the property of the defendant.

Counterclaim of Defendant Leslie Alfred Thompson.
14. The defendant Counterclaims herein for:

(1) $120.00 arrears of rent due under the said tenancy as at 15th September, 1954.
(2) Mesne profits.
(3) $200.00 being the estimated cost of leaving the said premises in tenantable repair.
(4) $171.06 being due to the defendant by the plaintiff for goods sold and delivered up until 26th
June, 1954.
Reply and Defence to Counterclaim.

1. The plaintiff joins issue with the defendant on his defence herein.
2. As to the Counterclaim the plaintiff:—

(a) Denies owing $120.00 arrears of rent or any other sum.

(6) Denies owing mesne profits.

(c) Says that the plaintiff has improved the premises considerably and that he offered to repaint any
names or lettering printed on the said premises and to replaster any portions of the walls or floor. The
plaintiff says that $200 is excessive for this purpose.

(d) Admits owing $171.06 and has always admitted this debt but says that the refusal of the defendant
to release his goods has prevented him from settling same.

The evidence led at the trial shows that it was only the ground floor of No. 37 St. Mary’s Street that was
rented to the plaintiff and that the rental was, as stated by the defendant, $60a month, payable in advance. Even
before the plaintiff entered into possession on 15th February, 1954, negotiations for a five-year leuse between the
defendant of the one part and the plaintiff and Frank Benevides of the other, were commenced. A draft lease was
prepared and its terms were discussed, but no lease was ever executed as the parties were never ad idem on certain
essentials. The only tenancy that ever existed between the plaintiff and the defendant was a monthly one, wholly
independent of and in no way affected by the terms and conditions contained in the draft lease.

Previous to the plaintiff’s occupation, the entire ground floor of the building comprised one large room, with
shelves only; from time to time it was rented to travelling agents for displaying their goods.

On entering into possession the plaintiff, with the defendant’s consent, effected various minor repairs, con-
structed partitions, installed a bath, lavatory and wash basin, and altogether spent about $930 in making one section
of the building fit for living purposes and the remainder suitable for a Modern Meats business which he and
Benevides were about to establish. Among the things installed were the articles which now form the subject-
matter of the plaintiff's claim. The plaintiff has valued them, excluding the meat grinder about which no evidence
was given, at $6705; [ see no reason for rejecting his valuation.

Before tha business commence. operations Benevides left the Island and, for reasons unconnected with this
case, the plaintiff was arrested and extradited. The arrest was effected on 3rd July, 1954, the plaintiff thereafter
remaining in police custody until his removal from the Island in October.

Upon lis arrest the plaintiff gave John Rowan Henry, his Solicitor, the keys to the St. Mary’s Street prem-
ises, with certain instructions. On 4th July the plaintiff further gave Mr. Henry a document authorising him to
deliver some of the articles in the premises to certain named persons. After carrying out these instructions on 4th
July Mr. Henry, that same day, handed over the keys to Mr. C. E. Francis, the defendant’s Solicitor, it having been
agreed that it would iu the circumstances be better for the latter, as solicitor for the landlord, to hold the keys. All
the articles listed in the fourth paragraph of the plaintiff’s Statement of Claim, with the exception of the meat grinder,
were then in the premises.

On 6th July, 1954, the plaintiff executed an authorisation to one Mr. Bill Wyre and Mr. Henry in the
following terms: ‘to liquidate any and all equipment | owned by me and kept at 37 St. Mary’ s Street, the proceeds
of which shall be used for the payment of my debts.” In a footnote to the document the plaintiff appended a list
of his debts, which included the sum of $300, being five months rent due to the defendant from 15th February to
15th July, 1954.

Disputes have arisen as to what took place subsequent to the execution of this document. I am satisfied
that the account given by the plaintiff and Mr. Henry is correct, and that the defendant and his solicitor repeatedly
refused to give Mr. Henry the keys of the premises to enable removal of the plaintiff’s belongings—that, notwith-
standing Mr. Henry’s undertaking that a bill for $171.06 for shop goods sold and delivered by the defendant to the
plaintiff would also be settled from the proceeds of the sale of the plaintiff’s property.

Towards the end of July the defendant and his solicitor visited the plaintiff at H.M. Prison. The defendant
expressed willingness to allow the plaintiff to continue the tenancy if the latter regained his liberty but refused to
rent to anyone else or to permit the plaintiff to sublet or employ anyone to run the business.
e

3 February, 1955. ] THE LEEWARD ISLANDS GAZETTE. 21

On the 28th of July the defendant assured Mr, Henry that he wished the plaintiff to have the things in the
premises but said that Mr. Henry should first find a purchaser for some of them and bring that person to him to con-
clude arrangements. It was agreed that should Mr. Henry produce such a purchaser the tenancy would be terminated.
On the 29th, in accordance with arrangements made beforehand, the defendant, Mr. Francis, Mr. Henry and two
prospective purchasers met at the premises, which were opened. When prices were being discussed Mr. Francis
suddenly announced that there would be no sale of a single item, nor would anything be allowed to be removed; and
the defendant stated that he would have to follow his solicitor’s advice. It would seem that at this stage it wag
being suggested by the defendant and his solicitor that the walk-in refrigerator box was a landlord fixture and formed
part of the premises.

On 30th July the plaintiff sent the defendant a cheque for $360 ‘in payment of rental from the 15th day of
February, 1954, to the 15th day of August, 1954”. In a postscript he said, ‘‘I think you ought to know Mr.
Thompson that the walk-in refrigerated box is nota fixture of the property in that it is in no way connected to the
buildings walls, ceiling or floor.” By letter to the plaintifi’s solicitor dated 31st July, Mr. Francis acknowledged the
receipt of the plaintiff’s letter and cheque; he added: ‘“ Mr. Tosch’s letter says that you have full permission to
dispose of his goods and to use the proceeds to liquidate his debts. It is inferred therefore, that the tenancy will be
terminated. My client is agreeable to this and wishes this as speedily as possible. It must be pointed out bowever,
that even at this stage he is entitled toa month’s rent in lieu of notice that is the further sum of $60. It must also
be pointed out that the further sum of $171.01 is due to his store (a copy of bill in respect of this indebtedness has
been supplied you). In accordance with the agreed terms of the lease my client is entitled to have the place left in
good repair and it is estimated that considerable expense will be involved in conditioning this place for occupancy,
other than that of a food shop. My client suggests that the figure of $200 will not be excessive for this. It will
therefore be seen that the balance due my client even upon immediate liquidation would be $431.06. The postscript
in Mr. Tosch’s letter says that the walk-in refrigerated box is not a fixture (i.e. a landlord fixture). This statement is
certainly not seriously advanced. My client in view of his indebtedness to him asks that he be given a first option to
purchase the unit in the refrigerated box and on adjustment of any difference between the value of this unit and his
elaim he will be only too willing to release all the remainder of the goods to you.”

On 2nd August Mr. Henry went to the defendant and again demanded the keys of the premises, now that
the defendant had received the rent due. The defendant’s reply was that he would have to consult Mr. Francis first.
On the 3rd of August Mr. Henry returned to the defendant and again demanded the keys, pointing out that the period
for which the plaintiff could be kept in custody in Antigua prior to the making of an extradition order was about to
expire; on receiving the same specious reply as on the 2nd, Mr. Henry delivered an ultimatum, giving the defendant
up to 4 o’clock that afternoon to hand over the keys. The following day, the keys not having been handed over, the
writ was issued.

This is a convenient stage at which to dispose of certain portions of the pleadings which present little or no
difficulty on the evidence before the Court. It is, I think, quite sufficient for me to say, without going any further,
that my findings in regard to paragraphs 2, 5, 9 and 10 of the Defence are entirely against the defendant.

As regards paragraph 1 of the Defence ant paragraph 14 (1) and (2) of the Counterclaim, and the plaintiffs
reply to these two paragraphs, I consider that the plaintiff's tenancy of the premises must be deemed to have termi-
nated on 15th August, 1954. That was implicit in the agreement made between Mr. Henry and the defendant on
28th July, and the former fulfilled his part of the arrangement. It was only after that that questions were raised
about the payment of further rent.

«is to paragraph 6 of the Defence, it is evident that upon the receipt by the defendant of $360 on the 80th or
31st July, 1954, any lien for rent to which he might previously have been entitled ceased to exist, and that was the
position when Mr. Henry unsuccessfully made the final demands on 2nd and 3rd August. Itis particularly upon this
last demand that the plaintiff's claim is grounded.

The bulk of the argument at the trial centred around items (1), (2), (3) and (7) of the plaintiff’s claim, valued
at $1,225, $422, $388 and $4,000, respectively. Special attention was given to these items when the Court visited
the locus in quo, and since that inspection further evidence has been taken and learned counsel for the plaintiff and
defendant have submitted an agreed report dated 17th January, 1955, (marked Exhibit E) by Mr. I. D. C. Imbert, B.E.

The display cise and compressors which constitute items (1) and (2) are not affixed to any part of the
premises. The compressors are bolted to wooden supports, which are otherwise resting freely on the floor, as does
the display case.

What is referred to in item (7) as the walk-in refrigerator is a large, heavy box, with external dimensions
16 ft. 4in.x 10 ft.4 in. x 8 ft. 4in. and internal dimensions 15 ft. x 9 ft.x 7 ft. The difference is accounted for by
thick wooden walls filled with megass for purposes of insulation. The box was constructed in actu and rests freely
on the floor beneath. Its roof rests freely against the floor joists immediately above it. The upper portion of its
northern wall is connected to a false ceiling which was installed by the plaintiff after the box was built. This sub-
ceiling is, in turn, connected by ordinary nails to the main floor joists immediately above it. Along the upper portion
of the northern wall of the box four 2 in. x 3 in. uprights extend to the floor joists and are attached by nails. At the
top of the west wall is nailed some fly-wire which is, in turn, nailed to the floor immediately above. Apart froma
connection made with ordinary nails at the south-western corner, the southern and eastern walls of the box are free
along all their edges.

The 1 h.p. compressor—item (2)—is connected to the walk-in refrigerator by a copper tube.

The blower—condenser unit—-item (3)—is actually in the walk-in refrigerator, and is bolted through small
channel irons to the roof of the refrigerator.

It was contended by counsel for the defendant that these four items are landlord’s fixtures and as such the
property of the defendant; alternatively, if they are not landlord’s fixtures, they are tenant’s fixtures and cannot, until
severed from the freehold, be the subject-matter of detinue. ‘he first limb of the submission was not urged with any
degree of force or conviction. To support the second limb, counsel cited the following passage from Halsbury’s Laws
of England (Hailsham edition) vol. 33 para. 83: “The subject-matter of trover and detinue must be specific personal
property........ ... Neither trover nor detinue will lie for fixtures which are attached to the freehold; but trover or
detinuo lies for fixtures, timber, crops, soil, and minerals after snch things have been severed from the frechold.”
°
«. ,
e « «
* .

22 THE LEEWARD ISLANDS GAZETTE. {3 February, 1955.

Reference was also made toa similar passage in Clerk and Lindsell on Torts (tenth edition) at p. 439, and to the case of
Mackintosh v. Trotter and others (1838), 150 E. R. 1108, 1109, in which Parke B., referring to tenant's fixtures,

Baidt: “Se ccosecunees the tenant has the right to remove fixtures of this nature during his term, or during what may, for
this purpose, be considered as an excrescence on the term; but............6 they are not goods and chattels at all, but

parcel of the freehold, and as such not recoverable in trover.”

In considering this matter it is important to have a olear understanding of what is really intended by the
unscientific expression ‘ tenant’s fixtures.” It is not everything which is attached to land or toa building on land
that becomes a fixture in law; and the expression ‘tenant’s fixtures ” should not be taken to mean any and everything
attached to realty which is removable by a tenant; it relates only to annexations which amount to fixtures but which
the law, for certain well defined reasons (c.g. the encouragement of trade), allows the tenant to remove before the
expiration of his term. It is these removable fixtures (if one may so put it) that are commonly called tenant’s fixtures.
Clearly, therefore, the first and vital question in this case is whether the things claimed by the plaintiff or any of them
are fixtures in the true legal sense.

The law on this subject is admirably summarised in Cheshire’s Modern Real Property (1954 edition) at
pp. 100—102, as follows:—

. “The primary meaning from a historical point of view of “ fixtures” is chattels which are so affixed
to land or toa building on land as to become in fact part thereof. Chattels so fixed lose the character of
chattels and pass with the ownership of the land, for the maxim of the law is, guicquid plantatur solo,
solo cedit.

This question whether a chattel has been so affixed to land as to become part of it is sometimes
exceedingly difficult to answer. It is a question of law for the judge, but the decision in one case is no
sure guide in another, for everything turns upon the circumstances and mainly, though not decisively,
upon two particular circumstances, namely, the degree of annexation and the cbject of annexation
eddtica peeeseesiesedles The general rule is that a chattel is not deemed to be go annexed to land as to become a
fixture unless it is actually fastened to or connected with the land or building. Mere juxtaposition or
the laying of an article, however heavy, upon the land does not prima facie make it a fixture, even
though it subsequently sinks into the ground. Examples are a Dutch barn, consisting of a roof resting
upon wooden uprights, the uprights being made to lie upon brick columns Ict into the ground; or a
printing machine weighing several tons, standing on the floor and secured by its own weight. The cage
is the same if the posts which support the roof of a corrugated iron building are not embedded in the
concrete floor, but are held in position by iron strips fixed into the floor, The concrete foundation,
which is of course a fixture, is regarded as a separate unit from the superstructure. Again, a printing
machine which stands by its own weight upon the floor is not a fixture, even though the driving
apparatus is attached to the building at certain points. On the other hand a chattel that is attached to
land, however slightly, is prima facie to be deemed a fixture. Thus, a verandah connected with a house
is a fixture, as also are doors, windows, chimneypieces, ovens and other similar things.

Nevertheless the extent of annexation is not a decisive test,

“Perhaps the true rule is, that articles not attached to the land otherwise than by their own weight
“are not to be considered as part of the land, unless the cirenmstances are such as to show that they
“were intended to be part of the land, the onus of showing that they were so intended lying on those
“who assert that they have ceased to be chattels; and that, on the contrary, an article which is affixed to
“the land even slightly is to be considered as part of the land, unless the circumstances are such as to
“show that it was intended all along to continue a chattel, the onus lying on thoge who contend that
“it is a chattel.”

It is for this reason that the second consideration mentioned above is material, namely, the.........Object of
Annexation. The test here is to ascertain whether the chattel hag heen fixed for its more convenient use as a
chattel, or for the more convenient use of the land or building. Jor example, stones laid one upon another
without any mortar for the purpose of forming a wall become fixtures, but if stones are deposited in a builder’s
yard and for the sake of convenience stacked one on top of another they are not fixtures. Again, a compara-
tively durable method of affixation will not render a chattel a fixture, if the method of annexation is necessary
to its proper enjoyment as a chattel. Thus in the well-known case of Leigh v. Taylor: A tenant for life, the
owner of some valuable tapestry, laid strips of wood over the drawing-room yaper and fixed them to the
walls with two-inch nails. Canvas was stretchsd over these strips, and the tapestry was fastened by tacks to the
strips. It was held that the tapestry had not become a fixture. Vaughan Williams, L. J., said:

“Tn my judgment it is obvious that everything which was done here can be accounted for as being
“absolutely necessary for the enjoyment of the tapestry, and when one arrives at that conclusion there
“is an end of the case.” .

In the matter now before me it is abundantly clear from the method and degree of annexation, the oral
evidence given at the trial, and the circumstances generally, including the value of the articles in question, that there
never was the slightest intention on the part of the plaintiff that any of them should become part of the building;
and I am not persuaded that even the possibility of this being the case was contemplated by the defendant until the
plaintiff was arrested and his extradition became imminent; at this stage delaying tactics of a most obvious character
were employed in respect of the delivery of all the articles then in the premises.

Tam satisfied that the things claimed by the plaintiff were installed for a purely temporary purpose; such
annexation as there was, was solely for their more convenient use as chattels in the course of the plaintiff’s new
venture, the only one of its kind in Antigua. It would be a very simple matter indeed to disconnect the refrigerator
box (and also the false ceiling, if desired) from the main bnilding without leaving marks which could not be
obliterated. It is evident that the work was done ina manner which would permit of such disconnection: and
although the box would have to be tuken to pieces to get it ont of the premises, it could be put together in the same
form elsewhere.
3 February, 1955.] THE LEEWARD ISLANDS GAZETTE. | 23

In my opinion none of the articles claimed isa fixture. I might add that had I icached a different conclu-
sion on this point, and had non-severance of the articles or of any of them been deemed relevant to the determination
of this case, I should have felt obliged to hold that it was not open to one who deliberately and wrongfully prevented
Beverance (as did the defendant) to take advantage of such non-severance. ‘‘He who prevents a thing from being
done ghall not avail himself of the non-performance he has occasioned.”

The defendant’s Counterclaim can now be dealt with in a few words. The debt for shop goods is admitted;
it follows from what I ie already said about the termination of the tenancy that the defendant is not entitled to
any further sum either by way of rent or mesne profits: he must however he paid the sum of $200, the estimated
cost of restoring the premises to their former shape and use, to which he is entitled although they have been
improved substantially for general use; despite paragraph 2 (c) of the Reply and Defence to Counterclaim the
plaintiff in his evidence said he would accept this estimate: it impressed me as being a rather generous gesture having
regard to the evidence as a whole, including my own observations.

On the Claim there will be judgment for the plaintiff, with costs, and the defendant must deliver up to the
plaintiff all the articles claimed, exeept the meat grinder, such delivery to be effected between the 27th day of
January and the llth day of February, 1955, both dates inclusive, during which period the plaintiff, his servants and
agents (including John Rowan Henry) shall be permitted access to the premises at all reasonable hours for the
purpose of taking delivery of and removing the articles in question: failing which, the defendant must pay to the
plaintiff the sum of $6,705, the value of the goods and chattels.

On the Counterclaim there will be judgment for the defendant for $371.06, made up as follows:—

 

Restoration of premises wes $200.00
Goods sold and delivered vb $171.06
$371.06

The plaintiff must also pay one-half of the defendant’s costs on the Counterclaim.

W. A. DATH,
27th January, 1955. Puisne Judge.

 

Revised list of persons registered under the Midwives Ordinance No. 7 of 1951, for the
ere of Montserrat, as at 15th sas aid 1955.

 

 

 

{
SERIAL NUMBER. | NAME. | ADDRESS.
| |
1. (3) Allen, Clemence Mary Elizabeth Glendon Hospital
2. (9) Barzey; Catherine (Mrs) (nee Ryan) Cork Hill
3. (16) Bramble, Hlizabeth Glendon Hospital
4. (24) | Buffong, Catherine St. George’s Hill
3. (29) | Browne, Diana Baker Hill
6. (4) Cadogan, Lilian (Mrs) Plymouth
7, (5) Clarke, Kathleen (Left Island) Harris
8. (13) Clarke, Catherine Glendon Hospital
a. (23) Cooper. Mary (Mrs) (nee Osborne) St. Patricks
LO. (1) Edwards, Winifred St. Johns
11. (11) Fenton Charlottee Kinsale
12. (7) Frewin, Beryl Geraldine (nee Shoy) (Left Island) Plymouth
13. (25) Greenaway, Leonora Adina (Mrs) Infirmary
14, (28) , Greenaway, Mary (Mrs) St. Johns
15 (22) Frith, Catherine (Mrs) (nee Buffong) Salem
lo. (10) Griffith, Doris (Mrs) (nee Williams) Plymouth
17. (20) Griffith, Edith (Mrs) Plymouth
18. (27) Tsles, Eleanor Teresa (Left Island) Plymouth
19, (18) Lee, Mary Susannah Gordon Harris
20 (19) Phillip, Vera Nelitha Harris
21. (17) Piper, Verna (Mrs) (nee Gooding) (Left Island) Bethel
22. (31) Ponde. Rosie Bethel
23. (11) Richarilson, Ina (Left Island) Glendon Hospital
24, (14) Roache, Katherine Glendon Hospital
25. (15) | Straker, Catherine Glendon Hospital
26. (21) | Tuitt, Rosanna . | Bethel
27, (12) Wade, Catherine Glendon Hospital
28. (8) | Warner, Susan (Mrs) (nee Allen) Glendon Hospital
29. (2) White, Sarah (Mrs) | St. Peters
30. (30) Wyke, Elizabeth (Mrs) (nee Allen) Cork Hill

 

 

J. H. L. BROWNE,
Seeretury, Midwives Board.
€
24 THE LEEWARD ISLANDS GAZETTE. [3 February, 1955.
IN THE COURT OF SUMMARY JURISDICTION OF THE LEEWARD ISLANDs.,
ANTIGUA CIROUIT A.D. 1955.

Notice is hereby given that the Court of Summary Jurisdiction of the Leeward Islands will

sit at the Court House in the City of Saint John in the Island of Antigua at 9.30 o’clock in the
forenoon of the undermentioned days for the purpose of bearing the undermentioned causes or matters.

No. Plaintiff. Defendant.
Monday 24th January, 1955
51/1954 George W, Bennett Bryson & Co. Laurel Meade
41/1954 Walter Lewis Hubert Philip
14/1954 Aubrey Challenger John Vieira
17/1954 Arnold Jarvis Naomi Henry & Enoch Pelle
- Tuesday 25th January, 1955
23/1954 George Francis George Gordon
16/1954 Samuel Philp Lucy Williams
Wednesday 26th January, 1955
28/1954 Hezekiah Charles Christopher Roberts
33/1954 Manasseh Josiah John Henry
Thursday 27th January, 1955
24/1954 Ruby Versailles Kitchener Dowe
43/1954 Ruby Versailles Kitchener Dowe
Monday 31st January, 1955
30/1954 George W. Bennett Bryson & Co. Herman Lewis
15/1954 Albert Quelch and Edith Quelch Dorothy Agatha Joseph and Naomi Joseph
7/1954 = {melia Black Warneford Emanuel and Virginia Emanuel
Tuesday ist February, 1955
31/1954 Samuel Joseph Robert Bascus
44/1954 Eunice Ladoo Kitchener Dowe
Wednesday 2nd February, 1955
38/1954 Theresa Frederick William Matthew
42/1954 Oscar Hunte John Henry and Solomon Henry and Mary Henry
Thursday 3rd February, 1955
40/1954 Almeda Roberts Paul Robinson
50/1954 Cyril Burton Frances Greene & ‘Steven Greene & Audry Greene
Monday 7th February, 1955
53/1954 = Elfreda Peters Raymond Stevens
48/1954 Margaret Thomas Velma Morrissey and Hubert Kirby
Tuesday 8th February, 1955
34/1954 Cassandra Turner John Turner
Wednesday 9th February, 1955
62/1954 Joseph Frederick George Ldwards
Thursday 10th February, 1955
- 65/1954 Mary Lambert Enoch Elvin
59/1954 Clyde Francis Edith Ambrose
Thursday 17th February. 1955
66/1954 Charles Williams Robert McDonald
68/1954 Dennis Edwards Margaret Tuitt & Maurice Edwards,
Oscar Lewis & Thomas Weekes
Friday 18th February, 1955
69/1954 Joseph Benjamin James Samuel
67/1954 Charles Edwards Joseph A. Davis and Leonard Davis
Monday 21st February, 1955
73/1954 Viola Joshua Olive Jacobs & Trene Jacobs,
Cyril Jacobs & Christophine Benjamin
71/1954 Christiana Joseph Winston Joseph and Maurice Joseph
Tuesday 22nd February, 1955
74/1954 Walter Jarvis Kitchener Dowe

O. M. Browne,
Registrar.

 

ANTIGUA.

Printed at the Government Printing Office. Leeward Islands, by FE. M, BLACKMAN,

Government Printer.—By Authority
1955

[Prive 34 cents.]
. 4 of l

SS
as
Ue

Pensions (Amendinent)

“hL83
I Assent,
Kk. W. BrackBURNE,
Governor.
Ist February, 1955,

LEEWARD ISLANDS.

No, 4 of 1955.

An Act to amend further the Pensions Act, 1947.

ENACTED by the Legislature of the Lee-
ward Islands.

1. This Act may be cited as the Pensions
(Amendment) Act, 1955, and shall be read as one
with the Pensions Act, Is 9.47, as amended, herein-
after called the Principal Act.

2. Seetion 2 of the Principal Act is hereby
amended as follows: —

(a) by the substitution of the words
“ Her Majesty's 3” for the words  ‘ Her
Maj.siy’? in the twenty-fifth line of the
definiti, i of “public service” in subsection
(1) thereof;

(6) by the substitution of the following
ubsection for subsection (2) thereof—

(2) Where the services of an
officer shall have been wholly under the
Government of a Presidency, the powers
vested in the Governor by this Act shall
be excrcised, unless the Governor in any
particular case otherwise directs, by the
officer for the time being administering
the Government of that Presidency.”;
and

LErrwarb
ISLANDS,

Short title.

12/1947,
12/1948,
7/1953,

Amendment
of section 2
of the Prin-
cipal Act.
LEEWARD 2
ISLANDS,

Insertion of

«
Por sans (Ain ndinenés No, 4 of L955,

(c) by the insertion after subsection (3)
of the following subseetion—

“(4) The power vested in the
Governor in Council under subsection (1)
of this section to make an Order declaring
an Office to be a pensionable office may, in
the case of an office which is wholly
under the Government of a Presidency,
be exercised by the officer for the time
being adiministering the Government. of
that Presidency with the advice of the
Executive Council of sueh Presidency.”.

Go. After section 9 of the Prineipal Act the

new section following section shall be inserted:—

in the Prin-
cipal Act.

“ Tnerease in
pension in
cases of retire-
ment for ill
health with
more than ten
but less than
twenty years’
service,

Substitution

9A. Subject to the provisions of this
Act and of the Regulations contained in the
First Schedule thereto, every officer holding a
pensionable office in the Colony who has been
in the service of the Colony in a civil capacity
for more than ten but less than twenty years,
and who retires from the said service in the
circumstances mentioned in paragraph (e) of
section 6 of this Act may, on retirement, be
granted a pension as if his pensionable service
had been twenty years,”’.

4. The following sections are hereby sub-

of sections 16 stituted for sections 16 and 17 of the Principal

and 17 of the

Principal Act. Act:—

“Gratuity

where officer

dies in the

service or

after retire-
* ment,

16. (1) (a) Where an officer holding «
pensionable office who is not on probation or
agreement, or an officer holding a non-
pensionable office to which he has been
transferred from a pensionable office in which
he has been confirmed, dies while in the
service of the Colony, it shall be lawful for
the Governor to grant to his legal personal
representative a gratuity of an amount not
exceeding either his annual pensionable emol-
uments, or his commuted pension gratuity, if
any, whichever is the greater.
No. 4 of 1955. Pensions (Aiienc ment) 3 Lenwarp
ISLANDS,

(b) For the purposes of this subsection—_

(i) “annual pensionable — emolu-
ments’? means the emoluments
which would be taken for the
purpose of computing avy pen-
sion or gratuity granted to the
officer if he had retired at the
date of his death in the circum-
stances described in paragraph
(¢) of section 6 of this Act;

(i) “commuted persion gratuity ”
means the gratuity, if any,
which might have been granted
to the officer under regulation
94 of the Schedule to this Aet
if his public service had been
wholly in the Colony and if he
had retired at the date of his
death in the circumstances des-
eribed in paragraph (e) of sec-
tion 6 of this Act and had
elected to receivea gratuity and
reduced pension.

(2) Where any such officer to whom a
pension, gratuity or other wlowance has been
vranted under this Act dies after retircmeit
from the service of the Colony, and the sims
paid or payable to bim ut his death on uccount
of any pension, gratuity or other allowance in
respeet of any public service are less than the
amount of the annual pensionable emoluments
enjoyed by him at the date of his retirement,
it shall be lawful for the Governor to grant fo
his legal personal representative & gratuity
equal to the deficiency.

(3) The provisions of this section shall
not apply in the case of the death of any
fieer where benefits corresponding to the
benefits which may be vrauted under this
section sre payable nader the Colonial Super-
annuation Scheme m respect of su hy death,
LEEWARD
ISLANDS.

4

Pensions t9
dependants
when an
ofticer dies as
a result of
injuries 1e-
ceived or
disease con-
tracted in the
discharge of
his duties.

Pensions (Amendment) — No. 4 of 195).

(+) Notwithstanding the aa con-
tained in subsections (1) and (2) of this
section the Governor may in any case where
the amount of the gratuity p avable thereunder
does not exceed the sum of four hundred and
eighty dollars, dispense with the production of
probate or letters of administration and cause
the gratuity to be paid to the dependant or
dependants of the officer and, where there is
more than one such dependant, may divide the
gratuity among the dependauts in such pro-
portion as he may think fit.

17.

(1) Where an officer dies—

(a) in the actual discharge of his
duty by some myjury specifically attribu-
table to the natare of his duty which i
not wholly or mainly duc to, or seriously
averavated by, his own serious and cul-
pable negligence or misconduct; or

Is

‘
«

(6) as a result of contracting a
disease to which he is specifically exposed
hy the nature of his duty, not being a
disense wholly or mainly due to, or
seriously aggravated by, his own serious
and culpable negligence or misconduct,

while in the service of the Government of the
Solony, and such death oecurs within seven
year's of the date of the injury or contracting

the disease, it shall be lawful for ya (aovernor

to vrant, i inion to the vrant, io any, made

to his) legal = repreventative under
section 16 ee: this ¢

Scot—

if the deceased officer leaves a widow,
a pension to her, while unmarried at
-a rate not exeecding ten-sixtieths of
kis annual pensionable emoluments

(i)
No. 4 of 1955.

(11)

(ai)

(iv)

n

Pensions (Amendment) 5

at the date of the injury or ninety-
six dollars a year, whichever is the
greater:

if the deceased officer leaves n widow
to whom a pension ts granted under
the preceeding paragraph and a child
or ehild lren, a pension ip respect of
each ehild, until such child attains
the age of nineteen years, of an
umount not exceeding one-eighth of
the pension prescribed under the
preceding paragraph;

if the deceased officer leaves a child
or children, but does not leave a
widow, or no pension is granted to
the widow, a pension in respect of
each child, until such child attains
the age of nineteen years, of double
the amount prescribed by the pre-
ceding paragraph ;

if the deceased officer leaves a child
or children and a widow to whom a
pension is granted under paragraph
(i) of this subsection, and the widow
subscquently dies, a pension — in
respect of each child as from the
date of the death of the widow
until such child attains the age of
nineteen years, of double the amount
prescribed in paragraph (ii) of this
subsection;

if the deceased officer does not leave
a widow, or if no pension is granted
to his widow, and if his mother were
wholly or mainly dependent on him
for her support, a pension to the
mother, while without adequate
ineans of support, of an amount not
exe-eding the pension which might
have been oranted to his widow;

LEEWARD
ISLANDS,
LEEWARD
ISLANDS,

6

/ensi iis (Amendment) No. 4 of 1955,

(vi) if the deceased officer does not leave
a widow or mother, or if no pension
is granted to his widow or mother,
and if his father were wholly or
mainly dependent on him for his
support, a pension to the father
while without adequate means of
support, of an atnount not exceeding
the pension which might have been
granted to his widow;

(vil) if the deceased officer does not leave
«child or children who is or are
eligible for a pension under the pro-
visions of this section, and if any
brother or sister were wholly or
mainly dependent on him for sup-
port, a pension to any such brother
or sister until he or she attains the
age of nineteen years while without
adequate means of support, of an
amount not execeding the pension
which might have been granted
under paragraphs (i) and (ili) of this
subseetion:

Provided that—-

(a) if im the opinion of the Gover-
hor there are compassionate grounds for
so doing, lie may grant to any child of a
deceased officer being a child who at the
date of the death of the officer was wholly
or mainly dependent on him for support
and who had attained the age of nineteen
years, a pension for such period as the
Grovernor may determine, of an amount
not exceeding the pension which may be
granted under jaragraph (11) of this
subsection ;

(6) where a decensed officer leaves a
child who was incap.citated at the time
of the officer’s death (hereinafter in this
section referred to as an © incapacitated
child”) the Governor may, uotwithstand-
lug any pension wiich may have been
granted under parograph (ij) or para-
graph (ui) of this subsection, grant an
additional peusion in respect of sueh
4oof 1955 Pensions (Amerniment) 7

incapacitated child after he has attained
the ave of nineteen years and so long Hs
his incapacity shall continue, of an
amount uot execeding one half of the
persion which may be ranted under
paragrapa di) or paragraph (ili) aforesaid;

(©) where compensation in respect
of the death is payable under the Work-
men’s Compensation Act, 1937, or any
Act amending or veplacing the same, or
where benefits corresponding to benefits
granted under this section are payable
under the Colonial Superannuation
Scheme in respect of death, — the
(rovernor may reduce the pension ern
mav be pavabl e under this section to such
extent as he may consider reasonable;

(d) no pension shall be payable
nuder this subsection at any time in
respeet of more than six children exclu-
sive of oo children

(e) in the case of a pension ¢ eranted
under paragraph (v) of this subsection,
if the mother isa widow at the time of
the grant of the pension and subsequently
re-marries such pension shall cease as
from the date of re-marriave; and if it
appears to the Governor at any time
that the mother is adequately provided
with other means of support, such pension
shall cease as from such date as the
Governor may determine;

(7) & pension granted to a female
child under this section shall cease upon
the marriage of such ehild under the ave
of nineteen years.

(2) Tn the e se of an officer not holding
a pensionable office, the expression pension -
able emoluments ’’ in the preeeding subsection
shall mean the emoluments enjoyed by lim
which would have been pensionable emotu-
ments if the office held by him had been a
pe aaa office.
(3) Tf an officer proceeding by a route
approved by the Governor to or from the

LEEWARD
ISLANDS.

11/1937,
LEEWARD
ISLANDS.

x

Pensions (Amendinent) No. 4 of 1955,

Colony, or from one Tsland in the Colony to
another, at tie commencement or termination
of his service in the Colony, or of a period of
leave therefrom, dies as the result of damage
to the vessel, aircraft or vebicle tn which he is
travelling, or of any act of violence directed
against such vessel, aircraft or vehicle, and the
Governor is satisfied that such damage or act
is attributable to circunistances arising out of
war in which Her Majesty may be engaged,
such officer shall be deemed, for the purposes
of this section, to have died in the cireum-
stances described in paragraph (a) of sub-
section (1) of this section,

(4) An officer who dies as a result of an

dnjury received while travelling by air in pur-

suance of official instructions, which injury is
not wholly or mainly due to, or seriously
aggravated by, his own serious and culpable
negligence or misconduct, shall be deemed for
the purposes of this section to have died in
the circumstances described in paragraph (a)
of subsection (1) of this section:

Provided that in such a case the rates of
pension prescribed in paragraphs (i) and (ii)
of subsection (L) of this section shall be
fifteen-sixtieths and one-sixth respectively.

(5) (a) Where the Governor is satisfied
that damages have been or will be recovered
in respect of the death for which an additional
pension or pension may be granted under
subsection (1) of this section, the Governor
may take those damaves into account against
such additional pension or pension in. such
manner and to such extent as he may think
fit and may withhold or reduce the additional
pension or pension accordingly,

(4) For the purposes of this subsection
an officer shall be deemed to recover damages
whether they are paid in pursuance of a
Judgment or order of a court or by way of
settlement or compromise of his claim and
whether or not procecdings are instituted to
enforce that claim,
No. 4 of 1955. Pensions (Amendment) 9
(6) For the purposes of this section—

(a) the word “brother” includes,
in relation to a person, every male child
of his father or his mother;

(b) the word ‘¢echild” shall in-
clude—

(i) a posthumous child;

(ii) a stepschild or illegitimate
child born before the date of the
injury or contracting the disease, as
the case may be, “and wholly or
mainly dependent upon the deceased
officer for support; and

(iii) an adopted child, adopted in
a manner recognized by law, before
the date of the injury or contracting
the disease, as the case may be, and
dependent as aforesaid ;

(c) the expression ‘“ incapacitated ”
means in rélation to a child, incapa-
ble by reason of some specific bodily or
mental disability of earning his own liv-
ing, anda child who is in any event too
youn to earn his own living shall be
treated as incapacitated for the purposes
of this section if it appears that, by
reason of any specific bodily or ment)
disability, he will be incapable of earning
his own living when he attrins the age
at which he would otherwise be capable
of doing 30;

(d) the word “mother” includes,
in relation to a person, his stepmother
and a female person by whom he has
been adopted;

(¢) the word “sister” includes, in

relation to a person, every female child
of his father or his mother.”

5. The amendment specified in the second
column of the Schedule to this Act, being a minor
amendment to certain sections of the Principal Act,
shall be made in the provisions to that Act specified
in the first column of that Sehedule.

LEEWARD
IsLANDS.

Minor amend.
ments to the
Principal Act.
LEEWARD 10 Pensions (Amendment) No. 4 of 1955.
ISLANDS,
Repeal. 6. The Pensions (Amendment) Act, 1948 is
1211948. hereby repealed.
Commniencs. 7. This Act shall be deemed to have come
ment.

into operation on the 1st day of January, 1955.

Maurice H. Davis,
Deputy President.

Passed the General Legislative Council this

6th day of January, 1955.

A. IK, Prnn,
Clerk of the Council.

 

SCHEDULE.

SECTIONS AMENDMENT

3B(L), 4(2). 5(2), 6(e), 7, 8 and 11] For the words “Governor in
Council ” there shall be substitu-
ted the word ‘* Governor”,

AXTIGUA.
rrinvod at the Government Printing Office, Leeward Islands,
by E. M. BLackmay, E.D., Government Printer,— Hy Authority.
1955,

47/00075 — 500--2.55. [ Price 12 cents]
LEEWARD ISLANDS:

ANTIGUA.

STATUTORY RULES AND ORDERS.
1955, No. 8.

CUSTOMS DUTIES.

ResoLuTion oF THE LEGISLATIVE COUNCIL OF ANTIQUA DATED
THE 26TH DAY OF JANUARY, 1955, MADE UNDER SECTION
15 or THE Customs Duties Orpinance, 1927 (No. 11 oF
1927).

BE IT RESOLVED by the Legislative Council of

Antigua as follows:—

Customs Duty on bunting and decorative materials
including coloured electric bulbs imported between the 25th
January and 28th February, 1955, for the visit of Her Royal
Highness the Princess Margaret, is hereby abolished.

Passed the Legislative Council this 26th day of January,
1955.

 

ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer._-By Authority.
: 1955,
—500—2.55. Price 3 cents.
LEEWARD ISLANDS.

MONTSERRAT.

STATUTORY RULES AND ORDERS.
1954, No. 7.

RULES REGULATING THE PRACTICE OF MIpWIFERY AND THE FEES
PAYABLE 10 REGISTERED MIDWIVES.

Rules made by the Montserrat Midwives Board under section 25
of the Midwifery Ordinance, 1951 (No. 7 of 1951).

 

1. These Rules may be cited as the Midwives Rules, 1954.
2. In these rules— .

‘authorised person’? means any member of the Midwives’
Board, any medical practitioner, the Matron of the
Glendon Hospital, the Secretary to the Board and any
other person authorised by the Board.

(a) GENERAL.

3. Every midwife must possess, and produce for inspection,
when asked to do so by any authorised person, a copy of the
pamphlict “Rules regulating the practice of midwifery and the fees
payable to registered midwives”.

4. Every midwife shall keep a register of cases attended by
her in the form and manner approved of by the Board and such
register of cases shall be produced by the midwife for inspection
when called upon by any authorised person.

5. it shall be the duty of every midwife to furnish the Board
with such returns as the Board may from time to time demand.

6. When a midwife has been in attendance, whether as a
midwife or as a nurse upon a patient, or has heen in contact with
a person suffering from puerperal fever, or from any contagious
or infectious disease, or is, herself, liable to be a source of
infection or contagion, she shall immediately notify the District
Medical Officer of the District in which she is practising, shall
disinfect herself aud all her instruments and other appliances and
have her clothing thoroughly disinfected to the satisfaction of the
District Medical Officer and shall not attend any other midwifery
casc until she has obtained written permission to do so from the
District Medical Officer of her area.
2

?@. No midwife shall iay ont a dead body except in the case of
a patient upon whom she has been in attendance at the time pf death,
After laying out a body for burial she shall notify the District
Medical Officer of the District in which she practises and undergo
adequate cleansing and disinfection in accordance with the preceding
rule.

8. very midwife shall note in her register of cases each
occasion on which she is under the necessity of administering in any
way any drug and the time and cause of administration.

9. ‘Fhe midwife shall be sernpulously clean in every way
with respect to her person, clothing, appliances and premises. She
shall keep her nails cut short and elean and preserve the skin of her
hands as far as possible from cracks and abrasions. Every midwife
shall submit herself for inspection in this respeet whenever called
upon for this purpose by any authorised person. When attending
her patients she must wear a clean dress of washable material which
ean be boiled, and which either has short sleeves reaching to above
the elbow only or sleeves which can be detached from, or which can
be casily rolled up to, above the elbow. She must also wear, when
actually at work on a case, a clean washable apron or overall.

10. livery midwife shall keep and take with her on all
ocensions when attending a confinement, a case ov bag, kept solely
for the purpose, and furmished with a removable ning which can
be washed and boiled. At least two linings must be provided, the
one in use must be clean, the other being washed immediately
on the removal and retained ready for use. The case or bag must
at all times be ready, and be brought when requested, for inspection
by an authorised person. It must always contain:—

(1) A douche can with necessary attachments.

(2) A Higginson’s syringe.

(3) A pair of scissors.

(4) A nail brush.

(5) A clinical thermometer.

(6) A. catheter.

(7) A bottle of approved disinfectant.

(8) A container of approved disinfectant powder.

(9) A bottle of boracic solution, or tin of boracie powder
with which to make a solution, for cleaning the child’s eyes.

(10) A bottle of an approved silver preparation for the
disinfection of the child’s eyes.

(11) Cotton wool.

(12) Dresssing for cord such as lat or clean rags which
have been boiled.

(13) Thread of tape for tyiug the curd.
(14) Soap.

15) An enainel iron bowl or other approved container,

(16) A medicine glass or other approved measure,

(17) A supply of two ounces of tinture of ergot for
wininistration as direeted in sub-rule (2 of this rate. :

(18) Such articles as nay from time to time be laid down
bv the Midwifery Board wv hieh is the authority which approves

the disinfectants aud disinfectant powders tat diay be used.

(2) A midwife when attending a confinement, ay give to the
patient one drachm of tincture of ergot which shall be given following
normal delivery and only after delivery of the placenta. ‘Phe
administration of ergot shall not be re per ated except by tue direction

of a medical ofticer

11.) Before touching the genitals or their netekhbourhood, the
midwite shall on each oceasion thoroughly wash in soup and water
and then disinfect ber hands and forearms in an efficient manner
and all instrimnents and other appliances shail be disinfected by
boiling before being brought into contact with the patient’s genitals.

(0) Duties ro PATIENTS,

ig. When engaged to attend a case of labour the midwife shall
interview her patient atthe earhest opportunity to enanire as to the
course of the previous pregnancies, confinements and puerperis, both
as regards mother awl child, and to advise as to the personal and
general arrangements for the confinement, and, with the consent
of the patient, visit the house.

18. A midwife must not leave a confinement case without
giving an address at which she ean be found withont delay and,
after the commencement of the second stage of Inbour. will remain
with her patient tnitil after the expulsion of the placenta and for
as much longer as may be necessary. In a case where a doctor hes
been sent for, on aceount of the labour betsy abnormal or there
being threatened danger, she shall awaiv his arrival and faithfully
carry out his mstructions. [f for any reason the services of
medical practitioner he not availabie, the miiwite Salk remain with
the patient until the emergency is over.

14. The midwife shall wash the patient’s external parts with
soap and waterand then swab them with the approved antiseptic
solution on the lollowluy oceasiois:—

(w) Before making an internal (tamination,
(1) Atter the termination of labour.

a) During the Iying-in perien when washing is required
4

(d) Before passing a catheter.

The swabbing with antiseptic solution shall be repeated before
any further examination and before a douche is eiven. For this
purpose on noaccount shall the midwife use ordinary sponges or
flannel but only materials which have ‘beer boiled or othcrwise
disinfected before use.

15. Vhe midwife shall take care to make no more internal
examinations than are actually necessary.

16. The midwife in charge of a case of labour shall in all cases
exainine the placenta and membranes before they are destroyed and
catisly herseif that they are completely removed,

17. The midwife shall remove all soiled linen, blood, fwees,
urine, placenta and membranes from the neighbourhood of the patient
and from the lying-in room as soon as possible after the labour and in
every case before she leaves the patient’s house.

18. The midwife shall be responsible for the cleanliness, and
shall give all necessary directions for securing the comfort and
proper dieting, of the mother and child during: “the Iving-in period,
that is to say, ina normal ease the time occupied by the labour and
a period of 5 days thereatter. If alter ceasing to attend a case, the
midwife is again called in to an illness of the mother or the child
comeeted with the confinement, rules 25 and 26 shall apply.

19. A case of normal labour in these rules shall mean a labour
in which there are none of the conditions specified in rule 26.

(c) Duties To THE CHILD.

20. In the case of a child born apparently dead, the midwife
shall carry out appropriate methods of resuscitation

21. As soonas the child’s head is born and if possible before
the eyes are opened, its eyelids shall be carefully cleaned by the
midwife, and prophylactic application inserted.

22. On the birth of a child which is in danger of death, the.
midwife shall inform one of the parents ef the child's condition.

23. In all cases of ee that is to say where the child
after having been completely born has not breathed or shown any
signs of life, wheres a medical practitioner is not in attendance at the
time of birth the midwife in attendance at such still-birth shall
immediately notify the District Medical Officer of the District in
which she practises.
5

24. It shall be the duty of the midwife to cut the cord after
having first tied the same in two places, between which the cord
shall be cut with the pair of scissors mentioned in. rule 10. After
having cut the cord, the end which remains attached to the child’s
abdomen shall be dusted with boric acid or such powder as the Board
may approve and covered with a piece of clean cloth, kept as in rule
10, and properly bandaged across the abdomen; on no account shall
any other dressing he applied to the cord or anything used in the
dressing which is not contained in the midwife’s case or bag as
mentioned in rule 10. ‘Che midwife must examine the cord within
two hours after its being tied.

(d@) Waen a Mepical PRACTITIONER SHOULD BE SENT FOR.

25. In allcases of illness of the patient or child or of any
abnormality: occurring during the pregnancy, labour or the lying-in
period it shall be the duty of a midwife, as soon as she becomes
aware thereof. to explain to the husband or near relative or friend
that the case is one in which a medical practitioner must cither be
called in or consulted. [f no steps are taken the midwife herself
must inform a medical ‘practitioner using, when possible, the form
shown in Schedule “ A’ and obtainable from the office of the Senior
Medical Officer.

26. The foregoing rule shall particularly apply:—
In the case of the woman when:—

(a) The woman during pregnancy, labour or the lying-in
period appears to be dying or is dead.

(b) During pregnancy there is or are, severe and continued
vomiting. unusual loss of blood, abortion, fits or convulsions,
discharge from, or sores on, the genitals, or other abnormalities
or complication.

(c) During labour there is or are, a presentation other than
the uncomplicated head or breech, uo presentation that can be
made out, prolapse of the cord, no advance after full dilatation
of the os in two hous in primipare or one hour in multipara:,
fits ov convulsions, excessive blecding, incomplete expulsion of
the placenta and membranes two hours after the birth of the
child, severe rupture of the perineum or other injuries to the
soft parts, other abnormalities or complications.
§

(d) During the lying-in period there is or are, loss of blood
foul smelling lochia, a temperature of 100° on two successive
days, fits or convulsions, excessive weakness, inHammation of,
or discharge from, the eves, however slight. any serious skin
eruptions but especially those marked by the formation of
watery blisters, inflammation in, or around, or bleeding from
the navel or any other abnormalitics or complications.

27. (1) The fees specified in Schedule B shall be the fees
payable to registered midwives.

(2) All fees payable to District Midwives in the Government
service shall be paid to the Secretary of the Board and shall be paid
by him into the Treasury for the benefit of the general revenue.

Made by the Montserrat Midwives’ Board the 16th day of
July, 1954.
W. b. R. Jonas,
Chairman.

Approved by the Governor in Council the 14th day of October,
1954.
Js. H. Carrort,
Clerk of the Couneil.

SCHEDULE “A”

Mipwives’ Form FoR SENDING FOR MFDICAL PRACTITIONER’S
ASSISTANCE.

Date.......ccc cece cccceeeec ees

(1) This Notice is sent in respect of... 0. cccccceccececeeeeeeees
DOVES Ges sen qi casineseve trees. Meese
(2) Medical Assistance is sought by...........0..000. ccc ee

(3) The case is urgent
Sent to........... tae bene Sey eave tae bite eee ones
Time of sending message...... ccc sseeeeeees

HOMO oie eeeereeeee cc sceseesvsssuceaseeseveseseesevsecese Midwife
Footnote
(1) Fill in name of patient. .
(2) “No.” , “Relative ” or “friend” as the case may be.

(3) If the case is not urgent cross this out.

SCHEDULE “B”

FrES PAYABLE TO REaistERED MIDWIVES.

1. No fee shall be charged for attendance to maternity
patients of the labouring class: Provided that midwives not em-
ployed in the Government service may charge such feeas may
be agreed upon between the parties concerned, not exceeding
three dollars.

9. Persons not of the labouring class may be charged from
three to fifteen dollars according to the means of the patient and
the services rendered by the midwife for attendance in a
maternity case.

ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.—By Authority.
1955, :
51/00176—490—1.55 Frice 9 cents.