ACT OF PARLIAMENT ESTABLISHING THE FEDERATION OF THE LEEWARD ISLANDS. 21 AUGUST, 1871. [34 and 35 Vict. Cap. 107, "Law Reports-Public General Statutes," vol. 6 (1871), pp. 548-553.] An Act for the Federation and general Government of the Leeward Islands. [21st August, 1871.] WHEREAS the several legislative bodies of Her Majesty's Leeward Islands have, by certain resolutions, signified their desire for the union of the said islands under one government in manner therein set forth, and have requested that the said resolutions may be embodied in an Act of the Imperial Parliament with all such provisions as may be necessary to give them full force and effect, and it is expedient that the said union should be established: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as "The Short Title. Leeward Islands Act, 1871." 'Islands. 2. So soon as this Act shall come into operation in Colony of the Leeward Islands, those islands shall form one colony, Leeward consisting of six presidencies, namely, the several islands of Antigua, Montserrat, Saint Christopher, Nevis, and Dominica, with their respective dependencies, and the Virgin Islands. 3. In this Act the following terms shall have the Definition of 263 Terms. Commencement of Act. Executive Appointment of officers. General Legis meanings hereby assigned to them, unless there be something in the subject or context repugnant thereto; (that is to say,) Governor" shall mean the Governor or officer for the time being administering the general government of the Leeward Islands: "General Government" and "General Legislature" shall respectively mean the government and legislature of the Leeward Islands: "Island Government," "Island Council," and "Island Legislature" shall mean respectively the government, legislative body, or legislature of one of the above-named presidencies: "Proclamation" shall mean a written or printed notice under the hand of the Governor, published by his order in each of the presidencies which it may directly concern. 4. This Act shall come into operation in the Leeward Islands on a day to be declared by proclamation. 5. There shall be an Executive Council of the Leeward Islands consisting of such persons or officers as the Queen may from time to time name or designate. 6. The Queen may, from time to time, appoint such officers of the General Government as Her Majesty may think fit, with such salaries as may be assigned to them by the General Legislature. 7. There shall be in the Leeward Islands a legislative lative Council. body, to be styled "The General Legislative Council," composed of ten elective and ten non-elective members. Elective members. Provided that the proceedings of the Council shall not be invalid on account of any vacancies therein. 8. Of the elective members, four shall be taken from the Island Council of Antigua, three from that of Saint Christopher, two from that of Dominica, and one from that of Nevis. They shall respectively be chosen by the elective members of the island council from which they are taken, in such manner as the said island council may, from time to time, by any standing rule determine, and within such period as may, from time to time, be prescribed by proclamation. members. 9. The non-elective members shall be appointed by Non-elective the Queen in such manner and under such conditions as Her Majesty may think fit, and shall be as follows: A President, who at the time of his appointment shall President. be member of some island council: Three official members, who shall at the time of their Official appointment be officers of the General Government, and members, shall ipso facto vacate their seats on ceasing to be so: members. Six unofficial members, of whom one shall be taken Unofficial from each of the island councils, and who shall ipso facto vacate their seats on ceasing to be members of such councils. 10. Subject to the provisions of the twenty-fifth and Legislative twenty-sixth sections of this Act, the Governor with the powers of the Council. consent of the General Legislative Council, herein-after referred to as "the Council," may make laws, for the Leeward Islands or any part thereof, on the following subjects: (1) The law of real and personal property, including wills, testaments, probate, and administration of estates of deceased persons: (2) The mercantile law: (3) The law relating to husband and wife, parent and child, marriage, divorce, and guardianship of infants: (4) The criminal law: (5) The constitution of courts of law, the criminal and civil administration of justice, including the jurisdiction, practice, and procedure of all courts of law, criminal and civil: (6) The establishment and regulation of a common convict station and a common prison discipline: (7) The establishment and regulation of a general police force, and of the other protective forces of the Leeward Islands: (8) The post office and the electric telegraph: (9) Quarantine: (10) Currency: (11) Weights and measures: (12) Audit of the public accounts in the several presidencies: Legislative powers of Presidencies. (13) Education: (14) Immigration and treatment of immigrants: (17) The constitution and procedure of the Council. 11. Subject to the provisions of the twenty-fifth and twenty-sixth sections of this Act, the Governor may, with the consent of the Legislative Body of any presidency, make laws for the peace, order, and good government thereof, but any island enactment relating to any of the subjects named in the preceding section may at any time be repealed or altered by the General Legislature, and shall, without any formal repeal, be void so far as it is repugnant to any law passed by the General Legislature. 12. The Council may from time to time be convoked, etc. of General prorogued, and dissolved by any instrument under the hand and seal of the Governor. Convocation, Legislative Place of Meeting. Duration of Oath to be taken by the members of the lative Council. 13. The Council shall be so convoked within six months after this Act shall come into operation in the Leeward Islands, and afterwards once (at least) in every year. 14. The place of meeting of the Council shall from time to time be fixed by proclamation. 15. The duration of the Council, unless sooner dissolved, shall be three years. 16. Every member of the Council shall, before taking his seat, take and subscribe before the Governor, or some General Legis person authorized by him, the following oath of allegiance: "I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors, according to law. So help me GOD." But any person authorized by law to affirm or declare instead of taking an oath may make such affirmation or declaration in lieu of the said oath. Appointment of vicepresident. 17. The Council shall appoint one of the members of the Council to be vice-president thereof. 18. Every member of the Council, except the official Resignation of members, may resign his seat therein by writing under his hand addressed to the Governor. unofficial seats on 19. Every elective member who shall accept any Vacation of office under the Crown shall vacate his seat in the said Council, but shall be eligible for re-election. acceptance of members in case of 20. When any elective member vacates his seat in the Appointment Council otherwise than by the dissolution or other deter- of elective mination thereof, the elective members of the island council which he represented shall choose a successor Vacancy. within three months after notice of such vacancy shall have been proclaimed in the presidency; and if they fail to do so within that time the Governor shall appoint a person from that island council to fill such vacancy. 21. Until otherwise determined by the Council, the Quorum. Council shall not be considered as constituted for the despatch of business unless at least eleven members be present and assisting thereat. voices to 22. Questions arising in the Council shall be decided Majority of by a majority of voices; the President shall, in all cases, decide. have a vote, and when the voices are equal the decision shall be deemed to be in the negative. 23. No vote or resolution shall be proposed in the Initiation of Council having for its object to charge any part of the money votes. revenues arising within the said Leeward Islands, except by one of the official members, or with the express approval or direction of the Governor. 24. When a Bill passed by the Council is presented to Assent to Bills. the Governor for his assent, he shall declare according to his discretion either that he assents thereto, or that he refuses his assent to the same, or that he reserves the same for the signification of Her Majesty's pleasure thereon. 25. When the Governor assents to a Bill, he shall by Disallowance the first convenient opportunity send an authentic copy of of Acts. the law to one of Her Majesty's Principal Secretaries of State, and it shall be lawful for Her Majesty at any time within eighteen months after such copy shall have been received by the said Secretary of State to notify to the Governor her disallowance of such law through one of her |