Notices, It is notified for general informa- tion that under the provisions of Regulation 3 of the Antigua Public Service Commission Regulations 1956, Statutory Rule and Order No. 4 of 1956, His Excellency the Governor has been pleased to appoint Mr. Francis R. ANJO to be Chairman and Mr. G. G@. AUCHINLECK and Mr. F. J. ODLE to be members of the Public Service Commission for the Presidency of Antigua. Mr. J. LL. RoBrnson has been appointed Secretary to the Commis- sion. Administrator's O fice, Antigua. 17th January, 1956. Ref. No. A.C. 13/235. It is hereby notified that approval has been received for importations from the United States of America and Canada to continue during the year 1956, under the Token Import Scheme. Administrator's Office, Antigua. 18th January, 1956. Ref. No. 8.A, 40/32. The Commissioner of Montserrat announces with great regret the death of Mrs. GERALDINE 8. DALY Certificated Teacher, Class I, Educa- tion Department, Montserrat, which occurred on the 5th January, 1956. Jt igs notified for general informa- tion that Mr. GEORGE HENRY has been appointed under Section 4 of the Cattle Trespass Ordinance, 1910, as. keeper of a Public Pound at Pigotts in the Parish of St. George in place of Mr. W. ROBINSON. Administrator's Office, Antigua. 17th January, 195 5. Ref. A. 50/40. 228.729 LYé7 A_ & \, ‘ (-[ J 1* a Be Portas i THE EEBWARD ISLANDS NG Wa WED “GAZETTE. Published by Authority. _LXXXIV. THURSDAY, 197TH JANUARY, 19386. No. 5. No. 7 Appointments and transfers ete., in the public service, with effect from the dates stated, are published for general information :— THompson, FE. A., Administrative Secretary, to be Financial Secre- tary, Administration, Antigua. Jan. 19 Ref. No. A.C. 13/65. No. 8. The Governor has, this day, been pleased to assent to the undermen- tioned Ordinance:— ’ St. Christopher-Nevis-Anguilla. No. 4 of 1956, “The Transfer of Sombrero (General Legislature Com- petency) Ordinance, 1956.” No. 9. The following Ordinance, Public Service Commission Instructions, Saint Christopher Nevisand Anguilla, 1956, and Statutory Rule and Order, are circulated with this Gazette and form part thereof:— ORDINANCE. Antigua. No. 18 of 1955, ‘The Harbours and Roadsteads (Amendment) Ordi- nance, 1955.” 2 pp. Price 4 cents “The Public Service Commission Instructions, Saint Christopher Nevis and Anguilla, 1956.” 9 pp. Price 15 cents. STATUTORY RULE & ORDER. Saint Ohristopher-Nevis-Angutila. No. 7 of 1956, ‘“‘ The Public Service Commission Regulations, 1956.” 5 pp. Price 8 cents It is notified for general informa- tion that the Governor in Council has made the following appointments:— Hon. B. T. CARROTT to be Chairman and Mr. JOHN MEADE to be mem- ber of the Industrial Development Board (Industrial Development Ordinance, 1953, No. 13 of 1953) in place of Hon. V. C. BIRD and Hon. B. T. CARROTT respectively. Mr. D. W. Hurst to be Chairman and Mr. CLARENCE JOSEPH to be member of the Antigua Electricity Board (Electricity, Ice and Cold Storage Ordinance, 1948, (No. 1 of 1948), in place of Hon. E. H. LAKE and Hon. L. HURST respectively. Hon. L. HURST to be Chairman and Mr. P. JULIAN to be member of the Labour Welfare Fund Com- mittee (Sugar Export Cess Regula- tions, 1948, No. 5 of 1948), in place of Mr. O. BIRD and Hon. E. E. WILLIAMS respectively. Mr. JOHN LAWRENCE to bea nem- ber of the Central Board of Health, (Central Board of Health (Constitu- tion and Temporary Powers) Ordi- nance, 1954, No. 15 of 1954) in place of Mr. D. W. Hurst. The above appointments take effect on 19th January, 1956. ALEC LOVELACE, Administrator. Ref. No, A.C. 22/17. TRADE MARKS OFFICE, ANTIGUA, 29th December, 1955. THE ARBORITE COMPANY LIMITED of 385 Lafleur Avenue, Town of LaSalle, Province of Quebec, Canada, have applied for Registration of one Trade Mark consisting of the following:— ARBORITE in Class 17, that is to say:— Decora- tive surfacing panels for surfacing walls or other surfaces such as counter or table tops, or other articles of furniture. The Applicants claim that they have used the said Trade Mark in respect of the said goods for six years before the date of their said Application. Any person may within three months from the date of the first appearance of this Advertisement in the Leeward Islands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of opposition . to registration of the said Trade Mark. CECIL O. BYRON, Acting Registrar of Trade Marks. 14 THE In the Supreme Court of the Windward Islands and ‘Leeward Islands. ANTIGUA CIRCUIT. A.D. 1956. Notice is hereby given that in pur- suance of Rules made by the Chief Justice under Section 16 of the Wind- ward Islands and Leeward Islands (Courts) Order in Council, 1939, and duly approved as therein provided on the 16th day of October A.D. 1941, the Honourable the Puisne Judge selected for the sitting of the Court in the Antigua Circuit has appointed the day of the month on which the ensuing Circuit Court shall sit as follows, that is to say:— The Antigua Circuit on Monday the 30th January, 1956, at 10 o’clock in the forenoon. - Dated the 6th day of January, 1956. CECIL O. BYRON, Acting Registrar of the Supreme Court. INCOME TAX NOTICE. The Income Tax Ordinance No. 7 of 1945 (as amended). PUBLIC OFFICERS AND PENSIONERS. Any public officer or pensioner liable to pay income tax whose income including that of his wife consists solely of his andjor her emoluments as a public officer or ESE SE SS SSSA Pursuant to Section 23 of the Medical Act, receipt of income; LEEWARD ISLANDS GAZETTE. pensioner or other allowance from public funds, shall deliver a true and correct return of his whole income to the Commissioners not later than the 31st day of January, 1956. (Section 67 and S. R. & O. 1946, No. 13). OTHER PERSONS. Every person (including a com- pany) liable to pay income tax shall deliver a true and correct return of his whole income not later than the 31st day of March, 1956 (Section 67 and 8. R. & O. 1946, No. 13). AGENTS, TRUSTEES, ETC, Any person having the direction, control or management of any property or concern, or being in on behalf of any person, whether resident or non- resident, as attorney, factor, agent, trustee, curator or committee should make and deliver to the Commissioners a return in respect of such property, concern or income not later than the 3lst day of March, 1956. (Sections 28 and 29). GENERAL. Any person may be considered to be “liable to pay income tax” if hig income from all sources exceeds one hundred and twelve pounds ($537.60). All claims for deduction from income tax must be substantiated by the production of receipts or other bona fide evidence. Medical Act, 1937. (Amendment) Act of 1948 the following registrations are hereby notified:— MEDICAL PRACTITIONER [19 January, 1956. PENALTIES. Any person liablo to pay income, tax who fails to make or deliver a return within the prescribed period shall be guilty of an offence against this Ordinance and shall be liable on conviction to a penalty not exceed- ing one hundred pounds, and in default of payment to imprisonment with or withont hard labour for a term not exceeding six months. Section 68. Any person who makes or delivers a false return or keeps or prepares any false accounts or particulars concerning any income on which tax is payable shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred pounds, or to imprison- ment with or without hard labour for a term not exceeding six months. (Section 64). E. G. O. M. BERRIDGE, for the Commissioners. RAINFALL FIGURES. Central Experiment Station, Antigua. Month, 1952, 1958. 1954, 1055, 1956, Jan.tol4th 45 91 1.78 1.86 4,82 REGISTRAR’S OFFICE, ANTIQUA, B.W.I. 12th January, 1956. 1937, of the Leeward Islands as amended by the Medical Name. Dr. Bertram H. Ross . Jean Lenore Harney .R. J. J. Henry Dr. Margaret M. R. O’Garra Qualification. Date Registered. Registration No. M.B., B.S. (Lond) 14th December, 1955 178 M.R.C.S. (Eng.) L.R.C.P. (Lond) 1952 L.M.S.8.A. (Lond) 14th December, 1955 _ 174 M.R.C.S. (Eng.) L.R.C.P. (Lond) 1952 M.B., B.S. (Durham) 1953 14th December, 1955 179 M.B., B.S. (Lond) 1954 11th January, 1956 180 CECIL O. BYRON, Acting Registrar. 19 January, 1956.] THE LEEWARD ISLANDS GAZETTE. 15 IN THE COURT OF APPEAL FOR THE WINDWARD ISLANDS AND LEEWARD ISLANDS. ON APPEAL FROM THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS. APPPELATE JURISDICTION. Between :— JosErH E. Byron Appellant. and Peart LEwIs Respondent. 1954. No. 2—ANTIGUA. Before:— JACKSON C.J. GORDON J. LEWIS J. (Acting) 1955. December 12, 15. Mr. R. H. Locxuarr for appellant. Mr. S. T. Curistian for respondent. JUDGMENT. This is an appeal from the decision of Date, J., sitting in the Appellate Jurisdiction of the Supreme Court, quashing a conviction of the respondent by the Acting Magistrate of District “A”, Antigua, ona charge of keeping intoxicating liquor for sale by retail without being duly licensed to sell the same. Section 23 of the Licensing Act (No. 4 of 1879), as amended by section 2 of the Licensing Act, 1879, Amendment Ordinance, 1921, in so far as it is relevant reads as follows:— “‘ Any person who sells or offers for sale or keeps or exposes for sale wholesale or by retail any intoxicating liquor without being duly licensed to sell the same, or at any place where he is not authorised by his licence to sell the sume shall be liable to the following penalties:— (1) For the first offence he shall be liable to a penalty not exceeding fifty pounds, or to imprisonment with or without hard labour for a term not exceeding one month.” The facts, as found by the learned Magistrate were, briefly, that on the 3rd April 1954 the respondent was living with her husband in a house at Cedar Grove. On that day the house was searched by the police who found concealed under a mattress in the bedroom 12 bottles of rum, and in the sitting room a bottle of rum, two empty pint bottl¢s smelling of rum, and two tins containing eleven shillings and two pence. On the police seizing these things the respondent said “ All you give me my money— me have to sell ruin till I dead. Ah dat me ah live by—if all you carry them away before the night out more have to come’’ or words to that effect. The respondent and her hushand were both charged and were tried together. Each was convicted and fined $45 and in default of payment ordered to be imprisoned with hard labour tor two months; one month was allowed for payment of the fines. Against her conviction the respondent appealed, and at the hearing of the appeal it was urged on her behalf that she could not lawfully be convicted of keeping liquor for sale on premises occupied by her husband and herself when her husband was also convicted. On this point Date, J., held that in view of the fact that the evidence accepted by the Magistrate tended to show that the appellant was the one actively concerned in the business of keeping the rum for sale, and that there was no evidence that the respondent had acted under the coercion of her husband it was open to the learned Magistrate to convict the respondent. At the hearing of the appeal, however, the Acting Crown Attorney drew attention to two previous decisions of the Supreme Court (in its Appellate Jurisdiction) in Christian v. Hill (Leeward Islands Gazette No. 33 of 18th March 1947 at page 97) and Osborne v. Sulcott (Leeward Islands Gazette No. 40 of 1th April 1947, at page 121) in both of which Cools-Lartigue, J., held that the Magistrate had no power to order imprisonment in default of payment of a fine imposed in respect of an offence under section 23 of the Licensing Act, without first issuing a warrant of distress under section 61 of the Act. Date, J., held that he was bound by these decisions ‘and accordingly quashed the conviction. 16 THE LEEWARD ISLANDS GAZETTE. [19 January, 1956, Against this decision the present appeal has been brought, on the following grounds:— (1) That the learned Judge misdirected himself and was wrong in law in holding that the Court, in its appellate jurisdiction, was bound by the decisions of Cools-Lartigue, J., given in the cases of Christian vs. [Hill (Leeward Islands Gazette of 13th March, 1947 at page 97) and Osborne vs. Silcott (Leeward Islands Gazette of 10th April, 1947, at page 121) for the following reasons— (a) The learned Judge was bound by the decision of the Court of Appeal for the Windward Islands and Leeward Islands in the case of Maude Thibou and Arthur J. Bowery (Leeward Islands Gazetie of 8th February, 1951 at page 38) affirming a Judgment of the Acting Chief Justice, sitting in the Supreme Court in its appellate jurisdiction dismissing an appeal from a conviction and sentence of a fine of £50 and in default of payment thereof impriconment for three months with hard labour made under section 23 of the Licensing Act, 1879, as amended; (6) It was not brought to the notice of Cools-Lartigue, J., (whose decisions in the cases in question were based on the English cases of In Re Brown (1878) 3 Q.B.D. 545 and In Re Clew (1882) 8 Q.B.D. 511 that there was no provision in the Magistrate’s Code of Procedure Act (Cap. 61) or in the Licensing Act, 1879, analogous to sections 16 and 19 of the Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43) which authorises the issue of a warrant of distress in the first instance on conviction for an offence where the Statute creating that offence provides no mode of levying the penalty ; (c) That in view of ground (1) (0) the learned Jucige could not otherwise than be satisfied that the said decisions of Cools-Lartigue J. were given per incuriam, and consequently he was wrong in law in holding that he was bound by the said decisions; (d) That the learned Judge erred in not stating what was the ratio decidend? in the cases of Brown and Clew which had made him come to the conclusion, after close examination of the cases, that he was bound to follow the decisions of Cools- Lartigue, J. (2) That, if it should be held that the learned Judge was bound by the aforesaid decisions of Cools-Lartigue, J., the said decisions and/or the judgment of the learned Judge appealed from are wrong in law in so far as it was thereby expressly or impliedly held that, by virtue of the provisions of section 61(1) of the Licensing Act, 1879, or of any other ~ provision or decision, prior to ordering imprisonment in default of payment of a penalty under section 23 of the said Act, as amended, the Court must first order a distress to be made; for the reasons stated in paragraphs (a) and (b) of ground (1) and for the following reasons:— (a) the judgment of the Magistrate was in accordance with the provisions of section 120 of the Magistrate’s Code of Procedure Act; (b) the said provisions of section 61.of the Licensing Act, 1879 were impliedly repealed by section 120 of the Magistrate’s Code of Procedure Act, 1891 (now . chapter 61 of the Revised Federal Acts of the Leeward Islands); (c) the said provisions of section 61 of the Licensing Act, 1879 are, by virtue of section 11(2) of the Leeward Islands Act 1871 to 1950, void for repugnancy to the provisions of section 120 of the said Magistrate’s Code of Procedure Act.” The respondent filed a cross-appeal urging that the learned Judge was wrong in law in holding that it was open to the Magistrate to convict the respondent of the offence of keeping liquor for sale since her husband and herself were occupying the premises where the rum was kept and her husband was convicted of the offence of keeping the liquor for sale at the same premises. At the hearing the learned Crown Attorney argued only grounds l(a), 2(b) and 2(c) as set out in the Notice of Appeal. Mr. Christian, who appeared for the respondent, took an objection in imine that the Court had no jurisdiction to hear the appeal. He submitted that section 14(1) (d) of the Leeward Islands and Windward Islands Courts Order in Coungil, 1939, as amended by 8. R. & O. No. 7 of 1941, referred to in the notice of appeal, applied only to civil appeals, and also that sections 196 and 197 of the Magistrate’s Code of Procedure Act (Cap. 61) as replaced by section 4 of the Magistrate's Code of Procedure Act (Amendment) Ordinance, 1946, which give to a party aggrieved a right of appeal to this Court, and to this Court jurisdiction to hear the appeal, did not apply to the Crown, since the Crown was not a party aggrieved. 2 19 January, 1956. ] THE LEEWARD I=LANDS GAZETTE. 17 The Leeward Islands and Windward Islands Courts (Amendment) Order in Council, 1949 declared (1) that the power conferred upon the Governors of the Leeward Islands and Windward Islands by subsection (2) of section 14 of the principal Order, to confer jurisdiction upon the Court of Appeal in certain matters includes, and shall be deemed always to have included, power to confer jurisdiction upon the said Court in any matter not specified in subsection (1) of the said section and not falling within section 13 of the principal Order; and (2) that section 19 of the principal Order shall be deemed always to have included a reference to jurisdiction. In our opinion, this amending Order removed all doubts which might previously have existed as to the jurisdiction of this Court to hear appeals from an order made by a Judge on appeal from an order of a Magistrate in a criminal case. Section 13 of the principal Order deals only with appeals by persons convicted before the Supreme Court sitting in its criminal jurisdiction; the right of appeal and the jurisdiction granted and conferred by sections 196 and 197 of the Magistrate’s Code of Procedure Act Cap. 61, do not fall within its provisions and clearly fall within the provisions of section 14 (2). With respect to the right of the Crown to appeal, Mr. Christian conceded that the Judge having ordered the appellant to pay costs the appellant was a “‘ party aggrieved ”’. The preliminary objection was accordingly overruled. The first point for decision in this appeal may be stated thus: Did the learned Magistrate, on a conviction under section 23 of the Licensing Act, 1879, have power to order imprisonment in default of payment of a fine without first making an order for distress. With regard to the first ground of appeal it is suffcient to state that although the decision of this Court in Thibou v. Bowery (supra) dealt with the case of a conviction and sentence under section 23 of the Licensing Act, 1879, the point raisedin the instant case was not argued or dealt with in that ease, and it cannot therefore be considered as an authority on this question. In his decisions in Christian v. Hill (supra) and Osborne v. Silcott (supra), Cools-Lartigue, J.’ purported to follow the cases of Jn re Brown (1878) 3 Q.B.D. 545 and In re Clew (1882) 8 Q.B.D. 511 Both of these cases arose under section 3 of the English Licensing Act (35 & 36 Vict. c. 94), under which a person convicted of keeping intoxicating liquor for sale on unlicensed premises was liable to a penalty or to imprisonment. It was held that the punishments were alternative and that where the justices imposed a penalty they could not order imprisonment in default of payment without first issuing & warrant of distress under section 51 of the Act; and that section 21 (3) of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49) did not apply to the Licensing Act. In the case of In re Clew (supra) Lopes, J., said, at page 514: “J think the Summary Jurisdiction Act had no application. Section 21 subsection 3 “provides that where a person is adjudged to pay any sum of money, and in default of ‘“‘pbayment a warrant of distress is authorised to be issued, and it appears to the Court “‘that the person has no goods or insufficient goods, or that the levy of the distress ‘will be more injurious than imprisonment, such Court may order the person, on non- “payment, to be imprisoned. I think that sub-s. 3 applies solely to cases where the “Justices may impose punishment by fine or, in default of payment, imprisonment.” In Christian v. Hill Cools-Lartigue, J., held that as section 61 (1) of the local Licensing Act, 1879, was similar in terms to section 51 of the English Licensing Act a Magistrate who imposed a penalty must first order distress to be made before ordering imprisonment in default of payment of the penalty, and that sections 120 and 125 of the Magistrate’s Code of Procedure Act (Cap. 61) did not apply to the Licensing Act. Jn Osborne v. Silcott he further held that this was so even though the penalty imposed was less than £5. It is therefore necessary for this Court to consider whether Christian v. Hill and Osborne v. Silcott were rightly decided. It will be convenient st this stage to set out the relevant sections of the Acts under considera- tion. The Licensing Act 1879, s. 61 (1) reads as follows:— “61. Except as in this Act otherwise expressly provided, every offence under this Act may be prosecuted, and every penalty and forfeiture may be recovered and enforced in manner provided by the Magistrate’s Code of Procedure Act, 1891, subject to the following provisions:— (1) Where the Court of Summary Jurisdiction orders that a distress shall be made in default of the payment of any penal sum exceeding five pounds, including under that expression costs actually adjudged in respect of an offence, the Court may order that, in default of the said sum being paid as directed, the person liable to pay the same shall be imprisoned for any term not exceeding the period specified in the following scale:— For any sum exceeding five pounds, but not exceeding ten pounds, three months, 18 THE LEEWARD ISLANDS GAZETTE. [19 January, 1956. For any sum exceeding ten pounds, but not exceeding thirty pounds, four months. For any sum exceeding thirty pounds but not exceeding fifty pounds, six months. For any sum exceeding fifty pounds, a year.” Section 120 of the Magistrate’s Code of Procedure Act, (Cap. 61) reads thus:— ‘A Magistrate by whose conviction any sum is adjudged to be paid muy do all or any of the following things, namely; (a) Order imprisonment in the first instance, unless such sum be paid forthwith; (6) Allow time for the payment of the said sum; (c) Direct payment to be made of the said sum by instalments; (d) Direct that the person liable to pay the said sum shall be at liberty to give to the satisfaction of that Magistrate, or such person as may be specified by him, security with or without a surety or sureties for the payment of the said sum or of any instalment thereof and such security may be given and enforced in manner provided by this Act; (e) Issue a warrant of distress for the leving of the said sums; (7) Order imprisonment in default of sufficient distress or of the payment of any instalment.” Section 125 of the same Act states:— “The period of imprisonment imposed by a Magistrate under this or any other Act in respect of the non-payment of any sum of money adjudged to be paid by a conviction or in respect of the default of a sufficient distress to satisfy any such sum or in respect of the default of payment of any instalment of such sum shall notwithstanding any enactment to the contrary in any past Act be such period as in his opinion will satisfy the justice of the case, but shall not in any case exceed the maximum fixed by the following scale:— Where the amount of the sum or The said period sums of money adjudged shall not to be paid— exceed— Does not exceed ten shillings oa 14 days Exceeds 10/- but does not exceed £1 ani 30 days 7 ek 4.4; 2 53 £5 ase 2 months ” £5, ” ” £20 oes af ” » £20 Se fy se 6 and may be either with or without hard labour in the discretion of the Magistrate.” Now it is to be noted that section 61 of the Licensing Act, which is a Presidential Act, expressly refers to the Magistrate’s Code of Procedure Act, a Federal Act governing procedure in the Magistrate’s Court, and states that penalties are to be recovered and enforved as provided in that Act ‘‘ except as in this Act otherwise expressly provided,”......... and ‘subject to the following provisions.” It was contended for the appellant that the provisions of section 61 (1) conflict with those of section 120 of the Magistrate’s Code of Procedure Act and were therefore void for yepugnancy. We do not consider that there is any conflict between the two provisions. On the contrary we are of opinion that section 61 (1) is additional to the provisions of the Magistrate’s Code of Procedure Act and is limited in its application to the cases to which it expressly refers. Section 120 of the Magistrate’s Code of Procedure Act expressly authorises the Magistrate to order imprisonment in default of payment of the whole or any instalment of a sum adjudged to be paid, without requiring distress to be first issued. In this respect it differs significantly from the corresponding section (section 7) of the Summary Jurisdiction Act, 1879, which contains provisions similar only to (0), («), (d) and (e) of section 120. Indeed, the Summary Jurisdiction Act, 1879, contemplated that penalties should be recovered by distress, and allowed imprisonment to be ordered in default of payment only where distress proved to be in fact inadequate, or in the cases specially provided for in section 21. It was in this setting that it was held in In re Brown and Jn re Clew that although section 21 (8) of the Act provided for imprisonment to be ordered in default without first issuing a warrant of distress where the court was satisfied that distress would be useless or inappropriate, that section applied solely to cases where the statute creating the offence authorised punishment by fine, or in default of payment, imprisonment. In our view, section 61 of the Licensing Act, 1879, incorporates by reference the provisions of section 120 of the Magistrate’s Code of Procedure Act, and thus expressly gives to the Mavistrate the option of imposing imprisonment in default of payment of the penalty under paragraph (a), oy of issuing a warrant of distress under paragraph (e). 19 January, 1955. ] THE LEEWARD IZLANDS GAZETTE. 19 It follows from what we have said above that Cools-Lartigue, J., erred in thinking, as he said in Osborne v. Silcott, that the relevant provisions of the Summary Jurisdiction Act, 1879, were exactly similar to the local law; and that in our opinion, (Christian r. Hill and Osborne wv. Sucott were wrongly decided. Before us counsel for the respondent herein sought and was granted leave to add an additional ground to his cross appeal setting out why the conviction and sentence should not be ; : race 2 aa ; : sustained in that “it was not open to the Magistrate to convict the appellant-respondent of the offence and to sentence her in the alternative to a term of imprisonment of two months with hard labour” inasmuch as section 23 of Licensing Act, 1879, ‘‘did not permit the said Magistrate to order a term of imprisonment exceeding one month.” This question was considered in the case of The Queen v. Hopkins (1853) 1 Q.B. 621, where a similar point arose. leferring to the argument that the legislature never could have intended that a man should be liable to be sent to prison for non-payment of a penalty for a longer term than that for which he was liable to be sent to prison by way of punishment for the offence for which the penalty was imposed Bruce, J., said: “But it seoms to me that the legislature has expressed, and in words which admit of no doubt, exactly the opposite intention............ I do not think we ought to set aside the ordinary rules of construction upon the assumption that the legislature never could have intended to adopt a principle which it has, as it seems to me, expressly adopted in the very Act which is now under consideration.” Again in the case of The Ning v. Leach and Another 1913 3 K.B. p. 40 where the defendant was convicted under section 65 of the Licensing (Consolidation) Act, 1910, and fined £25 in default of payment to be imprisoned for three months the same qnestion was raised. Darling, J., -as he then was, in delivering his judgment referred to the case of The Queen v. Hopkins and said— “Tam still of opinion that the argument used by the Court in that case applies to the present case, as well as the observations of Lord Coleridge ©.J. that it isa great anomaly to hold that a man can be sent to prison for a longer time if he is merely fined for an offence than he could be if he in the first instance reccived a sentence of imprison- ment for the offence itself, but that only Parliament could remove the anomaly by repealing or amending its statutes. That was said in 1893, and, seventeen years after- wards, namely, in 1910, when the Licensing (Consolidation), Act, 1910, was passed Parliament had an opportunity of remedying the anomaly which Lord Coleridge referred to but Parliament did not do so; on the contrary, it deliberately re-enacted it in the same form as that in which it was at the date of the decision of Rey. 1. Hopkins; for by section 99 of that Act it is provided that “except as otherwise provided, any offence under this Act may be prosecuted and every fine of forfeiture may be recovered and enforced in manner provided by the Summary Jurisdiction Acts.” Sect. 65 of the Act does not otherwise provide as to the method of recovering fines imposed in respect of the contra- vention of that section, and, therefore the Summary Jurisdiction Acts apply.” Similarly here, section 61 of the Licensing Act 1879 does not otherwise provide, and therefore the Magistrate’s Code of Procedure Act applies. In the present case the term of imprisonment ordered by the Magistrate was authorised by section 125 of the Magistrate’s Code of Procedure Act. , We now turn to the question raised in the cross appeal, namely, whether the Magistrate erred in law in convicting the respondent when he also convicted her husband of the same otfence. It was urged by learned counsel for the respondent that the offence of keeping liquor for sale without a licence wasa “passive” one, and that the responsibility for the unlicensed liquor prima facie lay with the person who had charge of the premises on which it was kept. He submitted that since the husband was in charge of the marital home he was the person prima facie responsible, and that as in this case he had been convicted it was not open to the Magistrate to convict the respondent also. While we agree with the proposition that the husband, being in churge of the marital home, would be the person prima facie responsible, the evidence in this case shows clearly that the respondent identified herself with and assumed responsibility for the liquor which was found on the premises. In the course of his argument Mr. Christian submitted that the statements made by the respondent at the time of the search were merely “petulant remarks” not involving guilt, and drew attention to the fact that the respondent had later said that she was not guilty. At the trial however the respondent did not adopt this attitude but denied that she had made the statements. ‘The Magistrate rejected her denial accepted the evidence of the police as he was entitled to do, and convicted her. The husband has not appealed and we express no opinion as to whether or not he was properly convicted, but we are clearly 20 THE LEEWARD ISLANDS GAZETTE. [19 January, 1956. of opinion that there was ample evidence before the Magistrate upon which he could convict the respondent. In the result the appeal is.allowed, the order of the learned Judge is set aside, and the conviction and sentence by the Magistrate affirmed. Donatp Jackson, Thief Justice. Fe ay K. L. Gorpon, — Puisne*Judge. A, M. Lewis, Acting Puisne Judge. ANTIGUA. Printed at the Government Printing Office, Leeward Islands, by FE. M, BLACKMAN, Government Printer—By Authority, 19656. [Price 37 cents.J} No. 18 of 1955. Harbours and Roadsicads (Amendment). [L.8.] T AssENT, Kk. W. Brackpurne, Governor. 31st December, 1955. ANTIGUA. No. 18 of 1955. An Ordinance to amend further the Harbours and Roadsteads Act, 1894. ENACTED by the Legislature of Antigua as follows:—- 1. ‘This Ordinance may be cited as the Harbours and Roadsteads (Amendment) Ordi- nance, 1955 and shall ba read and construed as one with the Harbours and Readsterds Act, 184, as amended (hereinafter called the Principal Ordinanee). 8. Section 6 of the Principal Ordinance is herebv repealed and replaced as follows:— “6. (1) Ttehall be lawful for the Governor from time to time to appoint such persons as may seem fit to be Harbour Master and Deputy Harbour Masters for the Presidency. ANTIGUA. Short title. 3/1894 6/1946 9/1952 Section 6 of the Principal Ordinance reperled and replaced. Appointment of Harbour Master and Deputy Harbour Maater. Antigua. 2 Harbours and Roadsteads No. 18 of 1955. (Amendment). (2) Every Deputy Harbour Master shall have all the powers and duties of the Harbour Master and be subject to all the provisions of this Act, save and except that he shall have no power to make or declare any general rule or regulation or to rescind: or alter any order, rule or regulation m-~ by the Harbour Master. ”’ Arc LovELacr, President. Passed the Legislative Council this 29th day of December, 1955. F. A. Ciarge, Acting Clerk of the Counetl. ANTIGUA. Printed at the Government Printing Office, Leeward Islands, . by E, M. Buackman, Government Printer.— By Authority. 1956. 500—1.56. [Price 4 cents} Saint Christopher Nevis and Anguilla. The Public Service Commission In- structions, 1956, made by the Governor under Regulation 6 of the Public Service Commission Regulations, 1956, (8. R. & 0.1956 No. 7) this 18th day of January, 1956. PART I. PRELIMINARY. 1. (1) These Instructions may be cited as the Public Service Commission Instructions, 1956. (2) These Instructions shall apply to all members of the Public Service except as provided in paragraph 15. 2. In these Instructions unless the context otherwise requires: — * Administrator” shall have the same mean- ing ax in the Ordinance; “appointment”? means the conferment of an office of emolument in the public service, whether or not subject to subsequent confirmation, upon a person not in the public service; the grant of permanent and pensionable terms of service in & public office toa person recruited and serving on contract or agreement in a pensionable or non-pensionable public office; the re-engagement of a person on contract or agreement for a further period in the same or another public office; the permanent transfer to an office in the public service of a member of the Civil Service of the United Kingdom who is serving on temporary transfer in an office in the public service; the paid appointinent of a public officer to act in any public office other than the office to which he is substan- tively appointed; Title and Application, Tuterpreta- tion. “the Chairman’ means the person appointed under regulation 3 of the Public Ser- vice Commission Regulations, 1956, as Chairman of the Commission and shall include an acting Chairman; “the Commission’ means the Public Service Commission appointed under the Public Service Commission Regulations, 1956; “Governor” shall have the same meaning as in the Ordinance; “Member”? means any person appointed under the Public Service Commission Regulations, 1956, as Chairman or Member of the Commission, and _ shall include any person appointed under those Regulations to be a temporary Member; ‘S office of emolument”’ means any pensiona- ble or non-pensionable post which is shown under a Personal Emoluments sub-head in the current Estimates of the Presidency; “officer in charge of prison discipline”’, “ the Keeper”, ‘subordinate officer” and ‘‘ Visiting Justices” shall have the same meanings as in the Rules and Regu- lations for the Government of Prisons made by the Governor in Council on the 18th day of August, 1909, as amended; “promotion” means the conferment upon a person in the public service of a public office to which is attached a higher salary or higher salary scale than that attached to the public office to which he was last substantively appointed ; “ public office”, ‘‘ public officer” and “ public service” shall have the same meanings as in the Ordinance; “the secretary’? means the person appointed under the Public Service Commission Regulations, 1956, as secretary of the Commission; “salary”? means basic salary; “scale” means a salary scale as from time to time set out in the Estimates of Revenue and Expenditure; “the Ordinance’? means the Public Service Commission Ordinance, 1956; ‘transfer’? means the conferment, whether permanently or on secondment upon a person in the public service of such public office other than that to which he was last substantively appointed which involves no question of an imme- diate promotion. 8. (1) The Commission shall advise the Governor or the Administrator on such appoint- ments, promotions and transfers of public officers as are required to be submitted to the Secretary of State, or the Governor, or the Administrator for approval: Provided that this function shall not in any way affect the power and authority of the Secretary of State to fill any post of the class referred to in paragraph 11 (1) of these Instruc- tions in accordance with the provisions of Colonial Regulations. (2) The Commission shall when required advise the Governor or the Administrator on— (a) disciplinary procedure in accordance with such instructions as may be issued by the Governor; (b) all recommendations that an officer should be retired on the grounds of general inefficiency ; (c) such other functions as are vested in the Governor by the Ordinance. 3/1956. Duties of the Commission. Control of reoruitment, Principles relating to selection for first appoint- ments and promotions. Advertisement of vacancies. Principles and procednre applicalJe to seicction for promotion. 4 PART II. APPOINTMENTS (INCLUDING PRoMOTIONS AND ‘l'RANSFERS). 4. In order to discharge its duties under paragraph 3 of these Instructions the Commission may exercise coutrol over and may be required to approve all schemes for adinission to any public office by examination, for the award of scholarships for special training and facilities for courses of instruction, and over all other methods of recruit- ment, including the appointment and procedure of Boards for the selection-of candidates. It may prescribe the manner in which applicaticns for Government appointments should be made and arrange for such examinations as may be consid- ered necessary to be held before any candidate is admitted to the public service. 5. (1) in making recommendations for first appointments to the public service, the’ Comission shall be guided by the principle that prior consideration shall be given to the claims of suitably qualified local condidates. (2) In making recommendations for pro- motions within the public service, the Commission shall be guided by the principle that prior consideration shall be given to the claims of suitably qualified public officers serving in the Presidency. 6. Where the Commission considers it necessary to advertise the existence of a vacaricy in the public service, the requirements of the vacant post and -the qualifications necessary for it shall be settled by the Governor or the Administator. The Commission shall publish. the advertisement, and shall consider any replies received thereto. 7. (1) Ino making recommendations — for promotions in the public serviee the Commission shall consider the claims of publie officers on the basis of official qualifications, experience and merit. i (2) Recommendations for promotion shall state whether the person recommended is the senior officer in his department eligible for promotion and where this is not the case detailed reasons shall be given in respect of each person in that same department over whom it is proposed that the person recommended should be promoted. 8. Where the General Orders require that progress to a higher point in a salary scale is dependent on the results of an efficiency bar examination, the Commission shall arrange and conduct the said examination in accordance with a syllabus prepared by the Commission and published in the Gacette.- 9. The principles and procedure for mak- ing recommendations for paid acting appointments shall be the same «as that prescribed in these Instructions for making a promotion. When recommending au acting appointment it shall be stated whether or not the officer recommended for acting appointment is in every way qualified to perform all the duties of the office in which he is to act. 10. When it is necessary to make an appointment, promotion or transfer, the proce- dure prescribed in paragraphs 11 and 12 of these Instructions shall be followed except that, where ‘any delay involved in carrying out such procedure is likely to cause serious inconveniences, the Governor or the Administrator shall report the matter to the Chairman who may as a matter of urgency recommend an acting appointment without regard to that procedure, 11. The procedure governing recommenda- tions for appointments, promotions and transfers in the public service shall be in accordance with the following classification: — (1) Crass A—Posts of which the initial salary is not less thau $4,800 per annum and the filling of which requires the approval of the Secretary of State. Efficiency bar examinition. Principles relating to acting appointments. Departure from precedure in special circumstances, Procedure relating to appointments to be filled otherwise than by exmuination,. ¢ (a) As soon as a vacancy occurs or is known to be impending, the Governor or the Administrator shall notify the secretary and furnish him with details of the requirements of the post, the qualifi- cations necessary, and the emoluments attached thereto. - (6) The Commission shall consider public officers in the Presidency, in — uccordance with the principles in para- graphs 5 and 7 of these Instructions. (c) If in the opinion of the Commis- sion there is no local public officer suitably qualified for appointment to the post, the Commission may seek the advice of the Public Service Commission in any other British Caribbean Territory or may con- sider other local candidates not in the public service. (d) The Commission shall make recommendations to the Governor for filling the post in order that the Governor may submit his recommendations to the Secretary of State. (e) If the Commission is unable to recommend the appointment of a candidute it shall inform the Governor accordingly stating the steps which have been taken to ascertain whether a suitable candidate is available and the reasons why a recom- mendation cannot be made. (2) Crass B—Posts above scale [ in the Salary Scales of the Civil Service, the filling of which requires the approval of the Governor. (a) As soon asa vacanoy occurs OF is known to be impending, the Governor “or the Administrator shall notify the secretary and furnish him with details of the requirements of the post, the qnalifi- cations necessary, and the emoluments uttached thereto. 7 (6) The Commission shall consider public officers in the Presidency, in accordance with the principles in para- graphs 5 (2) and 7 of these Instructions. (c) If in the opinion of the Cominis- sion there is no public officer in the Presidency who is suitably qualified to fill the post, the Commission may then consider other public officers outside the Presidency and, if necessary, advertise the post in accordance with paragraph 6 of these Instructions. (d) The Commission shall then make recommendations to the Governor for filling the post. (3) Crass C—Posts in the graded ser- vice (scales T to ATV in the Salary Scales of the Civil Service) and other posts, the filling of which requires the approval of the Administrator. (a) As soon as a vacancy occurs or is known to be impending, the Administrator shall notify the secretary and furnish him with details of the requirements of the post, the qualifications necessary, and the emoluments attached thereto. (6) The Commission shall consider public officers in the Presidency, in accordance with the principles in’ para- graphs 5 (2) and 7 of these Instructions. (c) If in the opinion of the Commis- sion there is no pnblic officer in the Presidency who is suitably qualified to fill the post, the Commission may then con- sider other public officers outside the Presidency or candidates selected as « result of examinations in accordance with paragraph 12 of these Instructions, or may udvertise the post. Vacancies to be filled by examinations. Representa- tions from individuals. Causes not coverad, Savings, § (d) The Commission shall then make recom mendations to the Adminis- trator for filling the post. 12. Where vacancies are to be filled according to the results of examinations in conformity with any approved scheme of recruitment the procedure set out in paragraph 11 of these Instructions. shall not apply. The Governor or the Administrator shall notify the vacancies to the secretary and the Commission shall arrange for the holding of neces- sary examinutions in accordance with the scheme of recruitment. PART IIL. MISCELLANEOUS. 13. The Commission shall not consider representations from individuals (including individ- ual officers) except when required to do so by the Governor or the Administrator. 14. Any case not covered by these Instruc- tions shall be reported to the secretary and the Commission may refer the case to the Governor who may issue instructions under his hand as to how the case shall be dealt with, and the case shall be dealt with accordingly. 15. Nothing in these Instructions shall— (a) apply to any member of the Gover- nor’s personal staff; (6) apply to any Judge of the Supreme Court or any Magistrate; (c) apply to any office or rank in a Naval, Military or Air Force constituted by or raised under any enactment; (¢d) apply to any appointments to snd promotions in the Oversea Audit Service; 13/00325—350—1.56. 9 (e) affect the powers and responsibility conferred upon the Commissioner of Police by the Police Act, 1951, as amended, and any regulations made thereunder, in respect of appointments, promotion and discipline of all ranks of the Police Force below the rank of [nspeetor; or of the powers and responsibility conferred upon the officer in charge of prison discipline, the Keeper or the Visiting Justices by the Rules and Regulations for the Govern- ment of the Prisons. made by the Governor in Council on the 18th day of August, 1909, as amended, in respect of discipline « of subordi- nate officers. 16. These Instructions shall come into operation on the 19th day of January, 1956. Dated this 18th day of January, 1956. Kk. W. Bracksurne, Governor. ANTIGUA. 19/1951. Commenco- ment, Printed at the Government Printing Office, Leeward Islands, by E, M. BLhaoxman, Government Printer.—By Authority. 1956. [Price 5 cents.) LEEWARD ISLANDS. SAINT CHRISTOPHER NEVIS AND ANGUILLA. STATUTORY RULES AND ORDERS. 1956, No. 7. Tue Pupsniic Service Commission REGULATIONS DATED JANUARY 18, 1956, MADE BY THE. GOVERNOR UNDER SECTION 9 OF THE Punnic SeRvick COMMISSION ORDI- NANCE, 1956 (No. 3/1956.) ——— 1. Short Title. These Regulations may be cited as the Public Service Commission Regulations, 1956. 2. Interpretation. (1) In these Regulations unless the context otherwise requires— “ Commission”’ means the Public Service Commission the establishment of which is provided for under section 5 of the Public Service Commission Ordi- nance, 1956; “ Instructions” means the Instructions from time to time issued under the hand of the Governor in accordance with reguiation 6 of these Regulations; “public office” means any office of emolument in the public service; “public officer” means the holder of any public office and includes any person appointed to act in any such office; “public service” means the service of the Crown in respect of the government of the Presidency. (2) References to a member of the Commission shall, unless the context otherwise requires, include references to the Chairman or acting Chairman. 3. Membership of Commission. The Governor shall by writing under his hand appoint a Chairman (not being a public officer) and not more than two other persons to be members of the Commission. At least one member of the Commission shall be a person who is not a public officer or a retired public officer. a. 4. Tenure of Office and terms of Service of Commission. (1) Members of the Commission shall hold office during the Governor’s pleasure.and subject thereto the Chairman shall hold office for such period not exceeding two years as may be prescribed in the instrument by which he is appointed; provided that a person shall, if qualified, be eligible for re-appointment from time to time as a member of the Commission. (2) The Governor may appoint any person to act in the place of the Chairman or any other member of the Commis- sion in case of his temporary absence or inability to act as such Chairman or other member. (3) Any member of the Commission may, if he is not a public officer, at any time, and, if he is a public officer, with the consent of the Governor, resign his office by instrument in writing addressed to the secretary of the Commission who shall forthwith forward the same to the Governor through the Administrator and from the date of the receipt by the secretary of the Commission of such instrument such member shall cease to be a member of the Commission and the vacancy caused by such resignation or by the death of a member or by the removal of a member shall be filled by the Governor by the appointment of another person for the remainder of the term of office of the member whom he replaces. (4) The appointment, removal or resignation of any 1 member of the Commission or of its secretary shall be notified - in the Gazette. (5) Out of such funds as may be provided ‘by the Legislative Council to cover the expenses of the Commission, the Chairman or acting Chairman of the Commission shall be paid the sum of fifteen dollars for each meeting of the Com- mission which he attends, and every other member of ‘the Commission, not being a public officer, shall be paid the sum of ten dollars for each meeting of ‘the Commission which he attends; provided that the maximum amount payable in any month shall, in the case of the Chairman or acting Chairman, be sixty dollars and, in the case of any other member, be forty dollars; provided further that no public officer shall be paid any remuneration as a member of the Commission. (6) Members of the Commission, other than public officers, may be paid travelling and subsistence allowances at such rates as may from time to time be prescribed by the s. Governor for attendance at meetings of the Commission or for travelling for other purposes connected with the functions of the Commision: 5. Oath of Office. The Chairman and members of the Commission shall on their appointment as such take xn outh or make an affirmation, each according to bis conscience, in the form in the Schedule to these Reguiations. Such an oath or affirmation shall be administered by or made before a Magistrate or Justice of the Peace. 6. Issue of Instructions. The Governor may by writing under his hand from time to time issue Instructions to the Comission prescribing the manner in which it shall perform its functions and for carrving into cffect the purposes and provisions of these Regulations, 7. Record of Meetingsand Decisions. Minutes of all meetings of the Commission shall be recorded and kept by the Secretary. Copies of such minutes duly confirmed at a subseyuent meeting shall as soon as practicable thereafter be forwarded to the Administrator for transmission to the Governor. All recommendations made by the Commission shall be submnitted to the Governor through the Administrator. S Quorum and Voting. At any meeting of the Commission the Chairman or acting Chairman and any one member shall form a quorum for the transaction of business. The Chairman or acting Chairman, as the cause may be, shall have a deliberative as well xs a casting vote. All decisions of the Commission shall be by a majority of the votes of the members present and voung. Provided that the Chairman or acting Chairman, as the case may be, shall have a second or casting vote whenever the voting shall be equal. 9. Consaltation with Persons other than Members. ‘he Commission in considering any matter or question referred to it for its advice may consult such Heads of Government Departments or other public officers or other persons as the Commission may consider proper and desirable. 10. Appointment of Secretary. The Adminis- trator shell appoint a Secretary to the Commission, 4, 11. Protection of Members from Legal Proceedings. The Chairman and any member of the Commission shall have such and the like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done or words spoken in the execution of his duty as is by law given to any Judge of the Supreme Court of. the Windward Islands and Leeward Islands in the exercise of his judicial office. 12. Improper Influence. Any person who other- wise than in the course of his duty directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Com- mission or of the Chairman or of any member shall be guilty of au offence and upon summary conviction shall be lable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months; provided that nothing in this regulation shall prohibit any person who may proper ly do so from giving a certificate or testimonial to any applicant or candidate for any pubdlic office or from supplying any information or assistance upon formal request by the Commission. 13. Wilfully supplying False Information to Commission. Any person who, in conn ction with an application by any person for employment or promotion in the public service or with any matter upon which it is the duty of the Commission to advise the Governor or any Head of a Government: Department under these Regulations, wilfully gives to the Commission or to any member thereof or to any person or body of persons appointed to assist the Commission in the exercise of its functions or the discharge of its duties any information which is false by reason of the falsity of, or by reason of the omission of, « material particular, shall be guilty of an offence and upon summary conviction be liable to imprisonment for a period not exceeding six months or to a fine not exceeding one thousand dollars. 14. Commencement. These Regulations shall come into operation on the 19th day of January, 195€. 5 SCHEDULE. Regulation 5. OATH OF OFFICE. I, , having been appointed to act as Chairman swear — of the Public Service Commission, do ————— member solemnly and sincerely declare and affirm that I will freely aud without fear or favour, affection or ill-will, give my counsel and advice in connection with all snch matters as may be referred to the Public Service Commission under the Public Service Commission Regulations, 1956, and that LI will not directly 7 indirectly reveal such matters to any un- authorised persons or otherwise than in the course of duty. SIQNALULE. Loe ceeeee cee eee Soeeeseeeeeuseee oy evaeevesaaee Sworn —before me this day of 19 Declared eee eee ee CeCe e eee eee eee eee eee ee ee Seer eee er) Magistrate or Justice of the Peuoe. Dated this 18th day of January, 1956. K. W. Bracksurnr, Governor. ANTIGUA Printed st the Government Printing Office, Leeward Islands, by EH. M. Bracxman, Government Printer.—By Authority. 1956, 13/00325.525—1.56. Price 8 cents.