Barbuda Act

Link to law: http://laws.gov.ag/acts/chapters/cap-42.pdf
Published: 1904

Barbuda (CAP. 42 1

CHAPTER 42

THE BARBUDA ACT

Arrangement of Sections
Section

Preliminary

1. Short title.
2. Application.
3 . Interpretation.

PART I1

Tenure of Lands by Inhabitants of the Island
4. Lands vested in Governor-General on behalf of the

Crown.
5. Inhabitants are tenants of the Crown.

Allotments, Buildings and Provision Grounds

6. Allotments in village.
7. Reservation for public purposes.
8. Highways.
9. Allotment and rental of provision grounds.

10. Proceedings for non-payment of rent.
11. Cutting timber and burning charcoal.

PART IV

Regulations with Respect to Deer and Other Game

12. Permit to shoot deer
13. Close time for deer.

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14. Deer not to be shot during close time, except in
enclosures.

15. Permit to shoot deer or other game on payment.
16. Form of permit and cancellation thereof.

General Regulations with Respect to Taxes and the Collection
and Payment thereof

17. Taxes.
18. Licences granted by Council.
19. Licence to be numbered.
20. Register of licences.
2 1. Licences to be produced for inspection.
22. Importation and exportation of livestock.
23. Dog licences.
24. Metal badges.
25. Dogs without badges may be destroyed.
26. Ownership of dog.
27. Boat licences
28. Boat licences may be cancelled for smuggling.
29. Unlicensed boat be seized.
30. Name and number of boat.
3 1. Livestock licences.
32. Ownership of livestock.
33. Livestock to be kept within prescribed limits.
34. Pigs outside prescribed limits to be destroyed.
35. Unlicensed stock may be seized.
36. Licensed animals to be marked.

Highways and Enclosures and Sanitary Regulations

37. Repair of roads, wells, etc.
38. Sanitary regulations.
39. Removal of filth.
40. Sanitary inspection.
41. Allotments to be kept clear.

PART VII

Regulations with Respect to Coasting Trade

42. Coasting licence.
43. Master of licensed boat to keep pass book.

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Ba~buda (CAP. 42 3

44. Pass book to be signed as clearance.
45. Master of boat failing to comply with provisions of Act

liable to penalty.

PART VIII

Miscellaneous

46. Recovery of fine and penalties.
47. Animals and things forfeited to be sold.
48. Penalty for obstructing or abusing officer or servant.
49. Moneys received to be paid into separate fund.
50. Penalties where not specifically provided.
5 1. Powers of boarding officer.
52. Penalty for obstructing, etc. a boarding officer.

SCHEDULE A.
SCHEDULE B.
SCHEDULE C.
SCHEDULE D.

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Barbuda (CAP. 42 5

BARBUDA

(30th April, 1904.) 611904.
811904.
411908.

PART I

Preliminary

1. This Act may be cited as the Barbuda Act. short title.

2. All Acts of Antigua and Barbuda, together with Application.
all rules, regulations, by-laws and other instruments
thereunder made shall, with respect to the Island of Barbuda,
be repealed in so far, but so far only, as the provisions of
the same are repugnant to the provisions of this Act and
to any by-laws or other instruments made hereunder or any
Act amending the same in the same manner as if such Acts,
rules, regulations, by-laws and other instruments had been
specifically and particularly mentioned and set forth.

3. In this Act- Interpreta-
tion.

"allotment" means village allotment or house-site;

"boarding officer" means any person authorised under
section 51 to board and search a boat;

"boat" means every description of craft whether
registered or not;

"coasting trade" means all trade by sea between the
islands of Barbuda and Antigua;

"the Council" means the Barbuda Council established
under the provisions of section 3 of the Barbuda
Local Government Act; Cap. 44.

"dog" includes a dog or bitch of any age whatsoever;

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6 6 enclosure" includes those places and areas within the
island of Barbuda known as the Meadow and the
Guava, and any place or area which the Council
shall at any time declare by by-law to be an
enclosure;

" game" includes wild pig, ducks, widgeon, pigeons,

doves, guinea fowl, pheasants, partridges and hares,
and any bird or beast which the Council may from
time to time by by-law declare to be game;

"gun" includes cannon, revolver, pistol, air gun and
every other kind or description of arm from which
a missile can be discharged;

"horse" includes stallion, mare or gelding;

"livestock" includes horses, mules, asses, sheep, lambs,
cows, oxen, bulls, calves, heifers, steers, goats, kids
and pigs, and any animals which the Council may
from time to time by-law declare to be livestock;

"master" includes every person having or taking charge
or command of any boat;

"the Secretary" means the Secretary of the Council
appointed under the Barbuda Local Government
Act;

"timber" means every kind of growing tree except
brushwood;

"the village" means that portion of the Island of
Barbuda bounded as follows-

On the North by a wall separating it from Sedge
Garden.

On the South by a line commencing at the southern
extremity of the &astern boundary and running
parallel to the south wall of the old village until
it reaches the lagoon.

On the East by a wall separating it from Indigo
Piece and by a line commencing at the southern
extremity of the said wall and continued in a
southerly direction for 700 yards.

O n the West by the lagoon.

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Tenure of Lands by Inhabitants of the Island
4. All lands within the Island of Barbuda are hereby ~ ~ ~ ; ~ ~ n ~ a l

vested in the Governor-General on behalf of the Crown and on behalf of the
shall be dealt with in accordance with the provisions of this crown.
Act.

5 . (1) All persons inhabiting the Island of Barbuda i,",h;,bj:","ft;r
shall be and are hereby declared to be tenants of the Crown; c,,,.
and such persons shall neither hold nor deal with any land
situate within the said island save and except as hereinafter
appears by the provisions of this Act and subject to any by-
law made by the Council in that behalf.

(2) Nothing in this section shall be construed as
precluding the grant by the Crown of any interest in or over
any piece or parcel of land within Barbuda to any person
whether or not that person is an inhabitant of Barbuda.

(3) Notwithstanding the provisions of any other law,
no person shall acquire the ownership of any piece or parcel
of Crown land within Barbuda by prescription.

(4) If any inhabitant of Barbuda can show to the satisfac-
tion of the Crown that a grant by the Crown to any other
person of any interest in or over any piece or parcel of land
within Barbuda has caused him any material loss in respect
of any use that he has been making of that piece or parcel
of land by virtue of the provisions of subsection (1) of this
section, that inhabitant shall be entitled to fair compensa-
tion in respect of that loss within a reasonable time.

(5) An inhabitant of Barbuda to whom subsection (4)
of this section applies shall have the right of access to a
tribunal appointed by the Chief Justice to determine the
amount of any compensation to which that inhabitant is en-
titled under this section and for the purpose of obtaining
payment of that compensation.

(6) A tribunal appointed under subsection ( 5 ) of this
section shall consist of a chairman who shall be a barrister
or solicitor of not less than five years standing and two other
members being persons appearing to the Chief Justice to

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be qualified for appointment by virtue of their knowledge
of and experience in Barbuda affairs.

(7)An appeal shall lie to the High Court from any deci-
sion of a tribunal appointed under subsection (5) of this sec-
tion; such appeal shall be exercisable as of right at the in-
stance of any party to the proceedings before the tribunal
and shall be final and conclusive for all intents and purposes
whatsoever.

(8) The Chief Justice may make rules with respect to
the practice and procedure of the High Court and a tribunal
in relation to the jurisdiction conferred upon the High Court
by this section or exercisable by a tribunal for the purposes
of this section (including rules with respect to the time within
which applications to the High Court or a tribunal may be
brought).

Allotments, Buildings and Provision Grounds
Allotments in
village.

6. It shall be lawful for the Council, with the sanc-
tion and approval of the Cabinet, to allot, distribute and
divide all land within the village amongst villagers subject
to the following conditions-

(a) The lands shall be laid out in allotments of such
dimensions and areas as the Council shall direct.

(b) Every such allotments shall be used exclusively
by the allottee thereof for the purpose of erecting and
maintaining a house or hut thereon as a place of
residence.

(6) The allottee or tenant shall pay as rent in respect
of land allotted to him such sum as the Council may
from time to time see fit to impose, and until some other
rent be imposed a rent of twenty-four cents per annum,
commencing from the date of such allotment, shall be
paid by such allottee or tenant.

(d) In all cases where any rent in respect of such
allotment shall remain unpaid after the same shall have
become due and payable, the Secretary shall serve the
tenant thereof with a notice to quit, and where such

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Barbuda (CAP. 42 9

tenant shall either refuse or neglect to quit such allot-
ment, the Secretary may take all such proceedings as
are prescribed by the Small Tenements Act for the pur- Cap. 406.
pose of ejecting him therefrom.

7. It shall be lawful for the Council, with the sanc- R e ~ e ~ a t i o n for
public purposes.

tion and approval of the Cabinet to set apart for public pur-
poses all such portions, either within or without the confines
of the village, as may be deemed expedient and to lay out
the same as to the Council with the concurrence of the
Cabinet shall appear best adapted for improving the Island
of Barbuda and promoting the health, comfort and security
of the inhabitants, reserving such portions for highways, paths
or otherwise as shall appear desirable.

8. It shall be lawful for the Council with the sanction Highways.
and approval of the Cabinet to stop up and divert any
highway or path within the Island, whether in the village
or not, and to open up and make other highways and paths
through the said Island.

9. (1) It shall be lawful for the Council with the sanc- Allotment and
rentifl pf tion and approval of the Cabinet to set apart such portions provlslon

of land, without the confines of the village, as may be deem- grounds.
ed expedient for the purpose of such lands being used and
cultivated by the villagers as provision grounds.

(2) All such lands as aforesaid when so set apart for
such purposes as aforesaid may be allotted and divided
amongst the villagers in such plots as the Council shall deem
expedient.

(3) The rent payable in respect of every such plot as
aforesaid shall be at such rate per acre as the Council may
from time to time see fit to impose and until some other
rate be so imposed the rent shall be at the rate of twenty-
four cents per acre per annum payable from the date of
allotment.

10. In all cases where any rent in respect of any such Proceedings for non-payment of
provision ground shall remain unpaid after the same shall rent.
have become due and payable, the Secretary shall serve the
tenant thereof with a notice to quit and where such tenant
shall either refuse or neglect to quit such provision ground

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the Secretary may take all such proceedings as are prescrib-
Cap. 406. ed by the Small Tenements Act for the purpose of ejecting

him therefrom.

Cutting timber
and burning
charcoal.

1 . No person shall cut or fell any growing timber
nor burn any charcoal within the Island of Barbuda, unless
such person shall first have obtained from the Council a per-
mit in writing for such purpose; and any person who shall
cut or fell any growing timber or burn any charcoal save
and except under the sanction of a permit first had and ob-
tained from the Council as aforesaid shall be guilty of an
offence against the provisions of this Act and shall be liable
on conviction thereof to a penalty not exceeding three thou-
sand dollars.

Regulations with Respect to Deer and Other Game

Permit to shoot
deer.

12. No person shall shoot any deer or game within
the Island of Barbuda unless he shall have first obtained a
permit from the Council or some other person appointed
by the Council for such purpose as hereinafter provided.

Close time for
deer. 13. There shall be a close time for all deer within

the Island of Barbuda, such close time being the months of
April, May, June, October, November and December in
every year, or any other period which the Council may by
order published in the Gazette determine:

Provided always that in the months of January, February
and March no does shall be shot.

Deer not to be
shot during close

14. During such close time aforesaid it shall not be
time, except in lawful for any person to shoot or destroy any deer within
enclosures. the said Island and any person who shall shoot or destroy

any deer during such close time as aforesaid shall be guilty
of an offence against the provisions of this Act and shall be
liable on conviction thereof to a penalty not exceeding three
thousand dollars:

Provided always that within enclosures set apart for
agricultural purposes by order of the Council all deer may
be shot at any time by any person specially authorised by
the Council.

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15. It shall be lawful for the Council to issue ~ermits permit to shoot
deer or other in all cases where it is deemed expedient so to do, to such same on

persons as may be desirous of shooting deer or other game; payment.
and every person to whom such permit shall be issued shall
pay to the Council in respect thereof such sum as may be
prescribed by by-law :

Provided that for every deer shot under the said permit
after the number of three the sum of ninety-six cents shall
be paid; and every person to whom a permit is issued shall
deposit with the Secretary at the time of issue a sum suffi-
cient to cover the total amount payable in respect of the total
number of deer named in the permit:

Provided also that in no case shall a permit to shoot
dezr be issued during the close time aforesaid, except in the
enclosures aforesaid; and provided further that the maximum
number of deer to be shot within the Island of Barbuda within
any year shall not exceed such number as the Council shall
hereafter determine.

16. Every such permit as aforesaid shall be in the form ~ , " ; " , , " ~ C ~ : ~ ~ n
and contain all such particulars therein appearing, and set thereof.
forth in Schedule C and in all cases where any person to schedule C.
whom any such permit shall have been issued shall contravene
in any manner whatsoever any of the provisions of this Act
in respect thereof it shall be lawful for the Council to cancel
and revoke such permit.

General Regulations with Respect to Taxes and
the Collection and Payment thereof

17. There shall be levied, collected and paid Taxes.
throughout the Island of Barbuda such sums by way of taxes
on dogs, boats and livestock as the Council may from time
to time fix and determine:

Provided that until otherwise determined, there shall
be levied, collected and paid throughout the said Island by
way of taxes, the sums set out in Schedule A for a licence schedule A.
to keep a dog, a licence to keep a boat, and a licence to
keep livestock.

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Licences granted 18. Any person desiring to obtain a licence with
by Council. respect to any of the matters and things set forth in Schedule

A or with respect to any animal declared by by-law to be
livestock shall apply to the Council for the particular licence
required and the Council shall on payment by such appli-
cant of the sum payable in respect of the particular licence
applied for, grant such licence in such form as set forth in

schedule B. Schedule B as the nature of the licence requires:

Provided that the Council may refused to grant a licence
to keep a dog.

Licence to be
numbered.

19. Every licence granted under and by virtue of the
provisions of this Act shall be duly numbered and shall bear
the date and commence on such day as the same shall be
granted and shall expire on the 31st day of December in
each year.

Register of
licences.

20. The Secretary shall keep a register of all such
licences granted under the provisions of this Act setting
forth-

( a ) the particular kind of licence granted,

( b ) description and size as the case may be of the
animal or thing in respect of which the licence is granted,

(6) the name, occupation and place of abode of the
person to whom the licence has been granted.

Licences to be 2 1. The holder of any of the various licences granted
produced for
inspection. under the provisions of this Act shall produce such licence

for inspection whenever required to do so by the Magistrate
or the Council or any person duly auttorised by the Coun-
cil in that behalf, and any holder of such licence as aforesaid
who shall fail to produce the same when required so to do
for every such failure to produce such licence shall be liable
on conviction to a penalty not exceeding one hundred dollars.

Importation and
exportation of

22. (1) No person shall import into or export from
livestock. the said Island of Barbuda any livestock without having first

obtained a permit in that behalf in writing from the Council.

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Barbuda (CAP. 42 13

(2) The granting or refusal of such permit shall be in
the discretion of the Council, and the Council may either
grant or refuse the same without assigning any reason and
its decision shall be final.

(3) Any person who contravenes subsection (1) shall be
liable on summary conviction before a Magistrate to a penalty
not exceeding one thousand dollars, and any such animal
so im~or ted or ex~orted in contravention of the said subsec-
tion shall be forfeited and may be dealt with in any manner
the Council shall deem fit.

(4) All permits granted under and by virtue of this sec-
tion shall remain in force for fourteen days after the date
of the granting thereof and shall thereafter be absolutely void.

(5) The master of any boat who takes on board, or per-
mits to be taken on board, his boat any livestock in respect
of which no permit has been granted, and the person expor-
ting or attempting to export the same shall be liable on sum-
mary conviction to a fine not exceeding five hundred dollars,
and such boat shall be forfeited to the Crown and may be
seized by the Secretary or by any member of the Police Force
if found within two years from the commission of the of-
fence in any port or place in the Island of Barbuda or the
Island of Antigua and when seized may be dealt with in ac-
cordance with the provisions of section 47.

23. No person shall keep a dog during any year or Dog Licences.
any portion of a year whether such dog be his own property
or not, without having first obtained a permit and licence
in respect thereof as hereinbefore provided; and any person
keeping a dog or dogs without having first obtained such
permit and licence shall be liable on conviction to a penalty
not exceeding two hundred and fifty dollars in addition to
the cost of the licence.

24. (1) The Secretary shall deliver to every person Metal badges.
to whom a dog licence shall have been granted under the
provisions of this Act a metal badge of such design and bear-
ing such marks for the purposes of identification as shall be

- approved by the Council.

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(2) Every holder of a dog licence granted under the pro-
visions of this Act shall cause to be affixed round the neck
of the dog in respect of which such licence has been obtain-
ed such metal badge with which he has been furnished, and
every such dog shall wear such metal badge during the sub-
sistency of such licence.

(3) At the expiration of any dog licence, the holder
thereof to whom such metal badge as aforesaid shall have
been supplied by reason of his taking out the same, shall
forthwith deliver such badge to the Secretary and every per-
son contravening the provisions of this section by making
default in the prompt delivery of any badge upon the
expiration of the licence in respect of which the same was
issued shall, on conviction, be liable to a penalty not ex-
ceeding fifteen dollars.

(4) Any person using a counterfeit or invalid badge shall
be liable on conviction to a penalty not exceeding two hun-
dred and fifty dollars.

Dogs without
badges may be 25. It shall be lawful for the Secretary or any person
destroved. acting under his orders and instructions to seize or destroy

any dog found at large within the Island of Barbuda not wear-
ing the metal badge round its neck as heretofore provided.

Ownership of
dog. 26. Every person in whose custody, charge, or posses-

sion any dog shall be found or seen shall for the purposes
of this Act be deemed to keep such dog unless the contrary
be proved.

Boat licences 27. No person shall possess or own any boat within
Schedule B. the Island of Barbuda without having first obtained a licence

in respect thereof as hereinbefore provided; and any person
who shall possess or own any boat without having first
obtained such licence as aforesaid shall be liable on convic-
tion to a penalty not exceeding one thousand dollars, in
addition to the amount payable in respect of a boat licence.

Boat licences
may be cancelled . 28. In all cases where the holder of any boat licence
for smuggling. 1s convicted of smuggling or of contravening in any manner

whatsoever any of the Trade and Revenue Laws of Antigua
and Barbuda, it shall be lawful for the Council to revoke
the boat licence granted to such person and to seize such

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boat and to deal with it in accordance with the provisions
of section 47.

29. It shall be lawful for the Council or any person ~ ~ i ~ : ~ ~ ; ~ t
duly authorised by the Council to seize any boat in respect
of which the owner has failed to take out a licence; and every
boat so seized as aforesaid shall be dealt with as the Council
may direct.

30. The owner of every boat shall cause to be painted r;ziey:f boat.
upon the bows and stern thereof the name of such boat
together with the name of the owner; and in all cases where
such boat carries sail the owner shall cause to be painted
on the mainsail thereof, in such manner as the Council may
direct, the letter B, together with a serial number to be allotted
to such boat by the Council on licensing the same.

3 1. No person shall own any livestock within the kE:zk
Island of Barbuda without having first obtained a livestock
licence in respect thereof as hereinbefore provided, and any
person who shall possess or own any livestock without hav-
ing first obtained such licence as aforesaid shall be liable on
conviction to a penalty not exceeding one hundred dollars,
in addition to the amount payable in respect of such livestock
licence.

32. Every person in whose custody, charge or posses- ownership livestock. of
sion any livestock shall be found or seen shall, for the pur-
poses of this Act, be deemed to be the owner of such livestock
unless the contrary be proved.

33. The owner of any livestock licensed as aforesaid ~~$~.$-i: be
(pigs excepted) shall keep such livestock within the prescrib- prescribed limits.
ed limits of that portion of the Island which the Council shall
from time to time assign to the villagers for grazing pur-
poses; and any livestock found outside such prescribed limits
without the Council's permission shall be liable to be seized
by the Secretary or any person acting under his orders or
instructions and when seized may be dealt with in accord-
ance with the provisions of section 47.

34. All pigs shall be kept at such places outside of ~~~'c;$~~d;imits
the village as the Council shall from time to time prescribe to be destroyed.
for that purpose, and any pig found outside of such prescribed

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16 CAP. 42) Barbuda

Unlicensed stock
may be seized.

Licensed animals
to be marked.

Repair of roads,
wells, etc.

Sanitary
regulations.

limits shall be shot or destroyed by the Secretary on the
authority of the Council.

35. Any livestock in the Island of Barbuda, in respect
of which a stock licence is necessary under the provisions
of this Act and in respect of which no such licence shall have
been taken out and is in current force, shall become and
be the property of the Council and shall be dealt with by
the Secretary in all respects as if such livestock had origin-
ally been the property of the Council;

Provided that it shall be lawful for the Council on the
application of the owner of such livestock on good cause shewn
to order such livestock to be returned to the owner, subject
to such terms and conditions as to the Council may seem fit.

36. It shall be lawful for the Council to cause the
holders of a livestock licence to mark the animals compris-
ing such livestock licence in such manner as the Council may
from time to time direct for the purposes of identification
in order that the provisions of this Act may be the better
carried out; and in all cases where the holder of any livestock
licence fails to mark his livestock at the time when and in
such manner as the Council directs he shall be liable on con-
viction for every such failure to a penalty not exceeding one
hundred dollars, and all such stock which may be found
without the prescribed marks upon them may be seized and
dealt with in accordance with the provisions of section 47.

PART VI

Highways and Enclosures, and Sanitary Regulations

37. It shall be the duty of the Secretary to supervise
the repairs of the highways, wells and enclosures of the Island
of Barbuda and for that purpose to employ and pay labourers
to prevent any encroachments on and injuries to the same
and generally to carry out and enforce the provisions of this
Act and any by-law made by the Council and to prosecute
all persons offending against the same.

38. The Council may in order to ensure the cleanli-
ness of, and to secure the sanitation of the village and to
promote the health of, and prevent the spread of any epi-

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demic, infectious or contagious disease amongst the
inhabitants of the Island of Barbuda make any by-law with
respect to the following matters-

( a ) the drainage of all buildings within the Island
and more particularly with respect to earth closets,
privies and cesspools used in connection therewith,

( b ) the closing and shutting up of all buildings or
parts of buildings of any kind whatsoever unfit for
human habitation and the prohibition of their use.

(c) all tanks and wells used in connection with any
building or otherwise for the purpose of ensuring
wholesale storage of water,

and may attach to any breach of any such by-law a penalty
which may extend to five hundred dollars, and in the case
of a continuing offence, a further penalty which may extend
to twenty-five dollars for each day after written notice of the
offence.

39. It shall be the duty of the Secretary to ensure that Of
all rubbish, excrement and filth of any description be duly
removed from any highway or path within the village.

40. It shall be lawful for the Secretary at all reawnable !:;$:;;?'.
hours in the daytime, with a view to ascertaining the sanitary
condition thereof, to enter into, visit and inspect all buildings
and enclosures and premises attached thereto within the
Island of Barbuda.

41. The occupier of every allotment shall keep the f " ~ ~ ~ ~ be
same clean and clear of growing bush, rubbish, excrement
and filth of any description, and keep all walls and fences
appertaining thereto in good and effective repair to the
satisfaction of the Secretary, and in default thereof it shall
be lawful for the Secretary to give notice to such occupier
requiring him within reasonable time to cleanse the same
and every such occupier who shall fail to comply with such
notice shall be liable to a penalty not exceeding five dollars
for every day during which he shall fail to comply with such
notice.

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PART VII

Regulations with Respect to Coasting Trade
Coasting licence. 42. (1) NO boat shall engage in any coasting trade

unless the master thereof shall have first obtained from the
schedule D. Council a licence in the form set forth in Schedule D for

that purpose; such aforesaid licence shall remain in force
for the space of twelve months from the date of issue.

(2) The licence, for which the sum of one dollar and
twenty cents is payable, shall remain in force for the space
of twelve months from the date of issue.

Master of
licensed boat to

43. The master of every boat so licensed to engage
keep pass book. in coasting trade as aforesaid shall keep a pass book in which

a legible entry shall be made by him of all cargo intended
to be shipped and carried together with the destination of
such boat.

Pass book to be
signed as

4 . Before proceeding coastwise the master shall pro-
clearance. duce such pass book to the Secretary in order that he may

sign the same and grant a sufferance for the departure of
such boat. All boats shall proceed direct to St. John's, where
such pass book shall be produced to the Custom Office before
going elsewhere. The master of such boat shall further cause
to be entered in the said pass book all cargo intended to
be carried to Barbuda, and shall obtain the signature of a
Treasury officer to the same before departure from Antigua,
and shall on return to Barbuda, produce such book to the
Secretary.

Master of boat
failing to comply

45. In all cases where the master of any boat licens-
with provisions ed to be engaged in coasting trade shall fail or neglect in
of Act liable to any respect whatsoever to comply with the provisions of this
penalty.

Act such master shall on conviction be liable to a penalty
not exceeding three thousand dollars.

PART VIII

Miscellaneous

Recovery of fine
and penalties.

46. All fines and penalties imposed under and by vir-
tue of the provisions of this Act shall be recoverable sum-
marily before a Magistrate under the provisions of the

~ a p . 2 5 5 . Magistrate's Code of Procedure Act, and proceedings for

LAWS OF ANTIGUA AND BARBUDA

Barbuda (CAP. 42 19

the recovery of any such penalty may be commenced at any
time within two years after the commission of the offence
by reason whereof such penalty has been incurred.

47. All animals and things forfeited or liable to E;;",;Pted
forfeiture or seized under or by virtue of the provisions of to be
this Act shall unless some other procedure be prescribed by
this Act be delivered to the Secretary, who shall cause the
same to be sold by public auction within or without the Island
of Barbuda, or shall otherwise dispose of the same in such
manner as the Council may direct:

Provided always that is shall be lawful for the Council
on the application of the owner of the animal or thing so
seized as aforesaid to order the same to be returned to him
subject to such terms and conditions as the Council may
seem fit.

48. Every person who assaults, obstructs, or hinders f;zztf:; or
in any way whatsoever or uses any abusive or offensive =busing officer or
language to any officer, servant, or other person who shall
be engaged in lawfully carrying out and executing any of
the provisions of this Act or any by-law framed hereunder
shall be guilty of an offence and shall be liable on conviction
to a penalty not exceeding five hundred dollars.

49. All moneys paid to the Secretary or any person to Moneys be paid received into
duly authorised by him to receive the same accruing due separate fund.
and payable from any source whatsoever under and by virtue
of the provisions of this Act or arising on the sale of any
stock or property in the Island of Barbuda belonging to the
Council shall be lodged by the Secretary in a deposit account
at a bank approved by the Cabinet. All expenses incurred
under this Act or otherwise for the service of Barbuda shall
be provided for in the estimates of Antigua and Barbuda.

50. Any person who does anything forbidden to be ~ ~ ; ; ~ ~ ; P ~
done by the provisions of this Act or who omits to do anything provided.
required to be done under the provisions of this Act, or who
in any way whatsoever violates or assists in or is party to
the violation of any of the provisions of this Act shall be
guilty of an offence and shall in all cases where no penalties
are provided for such offence under the provisions of this
Act be liable on summary conviction (and, in cases where

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 42) Barbuda

goods are by this Act made liable to forfeiture) beyond the
forfeiture of such goods to a penalty not exceeding five thous-
and dollars.

Powers of
boarding officer.

5 1. It shall be lawful for the Secretary, or any member
of the Police Force or any person or persons deputed or
appointed by the Secretary or acting under his direction to
board any boat arriving, being at or departing from any place
in the Island of Barbuda and to remain on board such boat
until all the goods laden therein are duly delivered therefrom
or until the departure of such boat from any such port or
place, and such person or persons shall while on board such
boat be allowed and have free access to every part of such
boat and shall be at liberty thoroughly and efficiently to search
the same and all lockers, boxes, and other receptacles what-
soever belonging thereto or to the master or crew or
passengers thereof, and also all passengers' baggage and
freight that may be in or upon such boat to whomsoever
the same shall belong or be consigned, and shall be at liberty
for the purposes of search to break open any locker, box,
or receptacle, and the master of every such boat shall give
and afford every facility for such search.

Penalty for
obstructing,
a boarding
officer.

etc., 52. Any person who shall, when requested so to do
by a boarding officer, refuse or neglect to open any closed
locker, box or receptacle belonging to or in the possession
of such Deson. or who shall remove anv goods whatsoever

1 "

from any boat without the permission of a boarding officer
or who shall refuse or neglect to give a boarding officer such
information as to the ownership or contents of any recep-
tacle on board a boat as may reasonably be demanded by
such boarding officer, or who shall depart from any boat
without the permission of a boarding officer, or who shall
assault or beat, resist or wilfully obstruct any boarding of-
Gcer while in the execution of his duty, shall be guilty of
an offence under this Act and shall be liable on summary
conviction to a penalty not exceeding three thousand dollars.

LAWS OF ANTIGUA AND BARBUDA

Barbuda (CAP. 42 2 1

SCHEDULE A S. 17

$ c
For every licence to keep a dog, the sum of ........ 1.20
For every licence to keep a boat ........................ 1.20

For every licence to keep livestock the several sums hereinafter
appearing in respect of the various animals as herein set forth,
that is to say-

(a) For every horse or mule ........................... 1.20
(b ) For every ass ......................................... 0.60
(c) For every sheep or goat ............................ 0.24
(4 For every cow, ox, bull, calf, heifer or steer 0.48
(e) For every pig .......................................... 0.12

SCHEDULE B

Dog Licence

Licence is hereby granted to (here insert name, address and condition
of person licensed) to keep until the 31st day of December next the
dog (or dogs) following, that is to say (insert here full description of
kind or kinds of dog licensed). The number on the badge to be worn
by this dog is

Dated the day of , 19 .

Boat Licence

Licence is hereby granted to (here insert name, address and condition
ofperson licensed) to keep until the 31st day of December next the
boat (or boats) following, that is to say (insert here the full description
of the kind or kinds of boat licensed).

The name of the boat is
to be borne on its sail is

and the number

Dated the day of , 19 .

Licence is hereby granted to (here insert name, address and condition
ofperson licensed) to keep until the 31st day of December next the

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 42) Barbuda

livestock following, that is to say (insert here the full description of
the kind or kinds of livestock licensed). The brand and number to be
borne by the same are as under, viz.:

Dated the day of , 19 .

SCHEDULE C S. 16

Permit to Shoot Deer and Game

Permission is hereby granted to
to shoot (within the area of in the Island
of Barbuda) (within the Island of Barbuda)* from the

day of , 19 , to the day of
, 19 . Provided that the number of (deer shot) (birds shot)*
by the said under and by virtue of this
permit shall not exceed the number of and
provided also that this permit shall absolutely cease and deter-
mine on the said contravening or
attempting to contravene any of the provisions hereof.
This permit is issued subject to all the provisions of the Barbuda
Act.

Dated this day of, 19

Secretary.

*Delete words within brackets where not applicable

SCHEDULE D S. 42(1)

Licence is hereby granted to (here insert name, address and condition
of person licensed) to employ in Coasting Trade until the 31st
December next the boat (or boats) following, that is to say (insert
here the full description of the kind or kinds of boats licensed).

The name of the boat is
to be borne on its sail is

and the number

Dated the day of , 19 .
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