Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631010904.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Land Acquisition (CAP.

233 1 CHAPTER 233 T H E LAND ACQUISITION ACT Arrangement of Sections Section 1.

Short title.

INTERPRETATION 2.

Interpretation.

ACQUISITION O F LAND AND ABANDONMENT O F ACQUISITION Acquisition of land.

Preliminary notification and power to enter land.

Power to apply land to purposes of acquisition without waiting for formal vesting.

Authorized officer to treat with landowner.

Demarcation of land and issue of notice of acquisition.
Authorized officer may require information as to interests in land.

Claim of person interested to have land acquired or abandoned.

Abandonment of acquisition.

APPOINTMENT AND POWERS O F BOARD O F ASSESSMENT 1 1.

Determination of questions by Board of Assessment.

12.

Appointment of Board of Assessment.

13.

Documents, etc., to be forwarded to the Board.

14.. Inquiry by Board.

15.

Procedure at inquiry.

16.

Power of entry for purpose of inquiry.

17.

Award of Board.

2 CAP.


233) Land Acquisition LAWS OF ANTlGUA AND BARBUDA DETERMINATION O F SMALL CLAIMS FOR COMPENSATION 18.

Procedure where claim for compensation does not exceed certain amounts.

PROVISIONS GOVERNING ASSESSMENT O F COMPENSATION, ETC.

19.

Rules for assessment of compensation.

20.

Special rule as to severance.

2 1.

Interest.

22.

Rules as to costs.

MISCELLANEOUS 23.

Absentee owners.

24.

Compensation to persons interested in adjacent land.

25.
25.

Special provisions as to leases.

26.

Persons in possession to be deemed owners.

27.

Fees and expenses of Board.

28.

Conveyancing, etc.

costs to be paid by authorized officer.

29.

Payment of compensation, etc.

30.

Exemption from stamp duty and fees.

31.

Limitation of time for making claims.

32.

Assaulting or obstructing officer.

33.

Repeal Cap.

91.

1411939, 811941, 1111944, 311953, S.R.O.

1956 No.

22.

34.

Validation.

LAWS OF ANTIGUA AND BARBUDA Land Acquisition ( C A P .
233 3 LAND ACQUISITION (29th November, 1 9 5 8 ) 1411958.

1811989.

S .

I .

3911989.

1.

This Act may be cited as the Land Acquisition Act.

title- INTERPRETATION 2.

In this Act- Interpretation.


"authorized officer" means any person who may from time to time be appointed as such by the Cabinet for the purposes of this Act; "person interested7' means every person claiming, or entitled to claim, compensation under this Act: Provided that a tenant by the month or at will shall be deemed not to be a person interested for the purposes of this Act; "public purpose" means a purpose determined to be a public purpose in accordance with the provisions of section 3 .
ACQUISITION OF LAND AND ABANDONMENT OF ACQUISITION 3.

(1) If the Cabinet considers that any land should Acquisition of be acquired for a public purpose they may, with the approval lad' of the Legislature, cause a declaration to that effect to be made by the Secretary to the Cabinet in the manner provid- ed by this section and the declaration shall be conclusive evidence that the land to which it relates is required for a public purpose.
(2) Every declaration shall be published in two ordinary issues of the Gazette and copies thereof shall be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situate, and in the declaration shall be specified the following par- ticulars relating to the land which is to be acquired- (a) the parish or district in which the land is situate; LAWS OF ANlIGUA AND BARBUDA CAP.
233) Land Acquisition (b) a description of the land giving the approximate area and such other particulars as are necessary to identify the land; (6) in cases where a plan has been prepared, the place where, and the time when, a plan of the land can be inspected; (d) the public purpose for which the land is required.
(3) Upon the second publication of the declaration in the Gazette as aforesaid the land shall vest absolutely in the Crown, and the authorized officer and his agents, assistants and workmen may enter and take possession of the land accordingly.

(4) Nothing in this section shall be deemed to prevent the acquisition of lands for public purposes by private treaty.

4.
If it appears to the Cabinet that any land is likely to be required for any purpose which, in the opinion of the Cabinet, is a public purpose and it is necessary to make a preliminary survey or other investigation of the land, he may cause a notification to that effect to be published in the Gazette and at the same time in notices to be exhibited at suitable places in the locality in which the land is situate, and thereupon it shall be lawful for the authorized officer and his agents, assistants, and workmen, to do all or any of the following things- (a) to enter upon and survey and take levels of any land in any locality to which the notification relates; (6) to dig or bore into the sub-soil of such land; (c) to do all other acts necessary to ascertain whether the land is adapted to such purpose; (d) to demarcate the land intended to be taken, and the intended line of work, if any, proposed to be done thereon; (e) to mark levels and lines by placing marks and cutting trenches; Preliminary notification and power to enter land.
LAWS OF ANTIGUA AND BARBUDA Land Acquisition (CAP.
233 5 Cf) where otherwise the survey cannot be com- pleted, the levels taken or the boundaries or line of the work demarcated, to cut down and clear away any stand- ing crop, fence, tree or bush; Cg) to do all such other acts as may be incidental to or necessary for any of the purposes aforesaid: , Provided that- (i) the authorized officer shall not enter into any building, or into or upon any enclosed yard, court or garden attached to a dwelling house, except at all reasonable hours, and except with the consent of the occupier thereof, without previously giving to such occupier at least seven days' notice in writing of his intention to do so; (ii) compensation shall be assessed and paid to the persons interested in the land so entered for any actual damage or injury resulting to them by reason of the exercise of the powers con- ferred by this section- (a) in so far as it relates to land the acquisition of which is subsequently deemed to be abandoned under section 9 or abandon- ed under section 10, as though it were com- pensation payable under this Act for the acquisition of the land; ( b ) in so far as it relates to land the com- pulsory acquisition of which is subsequently completed under section 3 , as though it were part of the compensation for the acquisition of the land.
5 .

If.

at anv time after the ~ublication of a notifica- Power to *PPb land to purposes tion in accordance with the provisions of section 4, it appears of PC4,,i1ih to the Cabinet that the land or some parcel of the land to without ~ J t h g which it refers should be acquired but that for any reason v,,ti,,l.
it is not possible to make animmediate declaration to that effect, it shall be lawful for the Cabinet to direct the authorized officer to do any work on the land or parcel thereof con- nected with the use to which the land is intended to be put for f o r d 6 CAP.

233) Land Acquisition LAWS OF ANTIGUA AND BARBUDA Authorized officer to treat with landowner.
on its acquisition, and thereupon the authorized officer may proceed with the execution of the work: Provided that compensation shall be paid to the per- sons interested for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by this section and shall be determined in the same way as com- pensation for actual damage or injury resulting from the exercise of the powers conferred by section 4 of this Act.

6.
6.

(1) As soon as any declaration has been published in accordance with the provisions of section 3 , the author- ized officer shall without delay, enter into negotiations (or further negotiations) for the purchase of the land to which the declaration relates upon reasonable terms and conditions, and by voluntary agreement with the owner of the land.
(2) It shall not be necessary for the authorized officer to await the publication of the declaration before he endeavours to ascertain from the owner the terms and con- ditions on which he is willing to sell his land, but no negotia- tions or agreement shall be deemed to be concluded unless and until the conditions of sale and acquisition have been approved in writing by the Minister.

Demarcation of land and issue of notice of acquisition.

7.
7.

(1) As soon as may be after any land has been acquired compulsorily, the authorized officer shall, if the land has not been demarcated or if it cannot be identified by reference to any plan, cause the same to be demarcated, and he shall also issue a notice of acquisition in accordance with the provisions of this section.
(2) Every notice of acquisition under this section shall- (a) state the decision of the Cabinet to acquire and take possession of the land compulsorily; ( 6 ) contain the particulars which, in relation to the land, were included in the declaration provided for by subsection (2) of section 3; and (c) require all persons interested, as soon as is reasonably practicable, either- f f I f f 4 !

i f I 1 1 f Z LAWS OF ANTIGUA AND BARBUDA Land Acquisition (CAP.
233 7 (i) to appear personally or by attorney or agent before the authorized officer to state the nature of their respective interests in the land and the amounts and full particulars of their claims to compensation in respect of those interests, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated; or (ii) to render to the authorized officer a statement in writing, signed by them or by their attorneys or agents, setting forth the like matters.
(3) The authorized oficer shall cause a copy of the notice of acquisition to be served, either personally on, or by post addressed to the last known place of abode or business of, every person who is known or believed by the authorized officer to be entitled to compensation in respect of the acquisition, and whose whereabouts are known to the authorized officer: Provided that where the whereabouts of any such per- son are not known, the authorized officer shall cause copies of such notice to be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situate.
(4) Any person who, without lawful authority or excuse, removes or destroys any landmark placed, or removes or defaces or destroys any notice posted or exhibited, by the authorized officer in or upon the land or any building thereon in accordance with the provisions of this Act, shall be liable, on summary conviction to a fine not exceeding one thous- and dollars or to imprisonment for a term not exceeding three months.

8.
8.

(1) The authorized officer may, by notice served Authorid officer may personally, or by post addressed to the last known place of re ,he 9 abode or business of the person concerned, require the owner in ormatipa M to ~ntererts 1n l a d .
or occupier of, or any person interested in, any land, or in any part thereof, in respect of which a declaration or a notification has been published in the Gazette under section 3 or section 4 respectively, to deliver to him within a time to be specified in the notice, being not less than twenty-one days after service of the notice, a statement in writing con- 8 CAP.
233) Land Acquisition LAWS OF ANTIGUA AND BAFWUDA taining, so far as may be within his own knowledge, the name of every person possessing any interest in the land, or any part thereof, whether as partner, mortgagee, lessee, tenant or otherwise, and the nature of such interest.
(2) Every person who is required to make and deliver a statement under this section and who, without reasonable excuse, refuses to make or deliver such statement, or wilful- ly makes any such statement which is false or incomplete in any material particular, shall be liable, on summary con- viction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months.

Claim of person interested to have land acquired Or abandoned.

9.
If, within three months after entry shall have been made on any land under the provisions of section 4, such land shall not have been acquired or abandoned, any per- son interested in the land or any part thereof may serve a notice on the authorized officer requiring that the acquisi- tion of the land or part thereof be completed or abandoned, and, if within one month thereafter, the acquisition of such land or part thereof be not completed or abandoned in accordance with the provisions of this Act, the acquisition of the land or part thereof shall be deemed to have been abandoned.
Abandonment of acquisition.

10.

(1) At any time before any land has been acquired compulsorily the Governor-General may, by notification pub- lished in the Gazette, declare that the intended acquisition of such land is abandoned.
(2) When the acquisition of any land is abandoned in accordance with the provisions of this section, or is deemed to have been abandoned under section 9, any compensation payable by virtue of this Act shall, in default of agreement, be assessed as though it was compensation payable under this Act for the acquisition of land.

(3) No compensation shall be payable in any case for loss of bargain or for damages for breach of contract.

LAWS OF ANTIGUA AND BARBUDA Land Acquisition (CAP.

233 9 1 .
233 9 1 .

(1) All questions and claims relating to the Determination of payment of compensation under this Act and to the appor- Board of tionment of such compensation shall, save as is hereinafter Assessment.

provided, be submitted to a Board of Assessment to be appointed in each case in accordance with the provisions of section 12. questions by (2) A Board of Assessment shall have full power to assess, award and apportion compensation in such cases, in accordance with the provisions of this Act.

12.
12.

(1) As soon as it becomes necessary to do so the i,~,~$:fment of Governor-General shall cause a Board of Assessment Assessment.

(hereinafter referred to as "a Board" or "the Board") to be appointed.
(2) A Board for the purposes of this Act shall in every case be constituted of- (a) a Judge of the High Court who shall be the Chairman of the Board (hereinafter referred to as "the Chairman"); ( b ) a member to be appointed by the Governor-General; (6) a member to be nominated by the owner of the land to be acquired: Provided that where in any case the Governor-General is satisfied that the owner of the land has refused to exercise his right to nominate a member of the Board, or has unreasonably delayed such nomination, or where the per- sons interested in the land have failed to agree upon such nomination, the Governor-General, by order in writing, may direct the Chairman to proceed with the inquiry notwith- standing that there has been no such nomination by the owner, and in every such case the Board shall be deemed to be lawfully constituted without the presence of such member, and, if there is any difference of opinion as to the amount of compensation that should be awarded, the deci- sion of the Chairman shall be deemed to be the decision of the Board.
10 CAP.

233) Land Acquisition LAWS OF ANTIGUA AND BARBUDA Documents, etc., to be forwarded to the Board.

13.
- (1) Upon the appointment of a Board, or where - proceedings are taken before a Magistrate for the determina- tion ofi any question relating to the payment of compensa- tion, the authorized officer shall forward to the Chairman, or to the Magistrate, as the case may be, those of the follow- ing documents and particulars which relate to the acquisi- tion or the intended acquisition of the land, as the case may be- ( a ) a copy of any notification and declaration which has peen published in the Gazette; I ( b ) a copy of the notice of acquisition; (c) a copy of any notice issued or received by him; (4 a copy of all statements received by him in com- pliance with any notice issued by him; (e) the names and addresses of the persons whom the authorized officer has reason to believe are interested in the land; and (f) a copy of the report required by this section.
(2) The report to be sent to the Board shall state the opinion of the authorized officer, and his reasons for such opinion, upon each of the following matters- ( a ) what is a fair and proper description of the land acquired, including particulars of any building, trees or standing crops thereon; ( b ) the approximate acreage of the land; (c) the value of the land for the purposes of com- pensation under this Act; (4 the amount of provisional compensation which should be paid for the land, including any damage payable in respect of entry into possession; (e) the ,apportionment of the provisional compen- sation among the persons interested in the land, in respect of their interests.
(3) The authorized office& in assessing the amount of any compensation for the purpose of a report under this sec- tion, shall have regard to the rules prescribed by this Act LAWS OF ANTIGUA AND BARBUDA Land Acquisition (CAP.

233 11 which may and may not be taken into consideration in assess- ing compensation.

14.
14.

Where a Board has been appointed under this &P:Y by Act, the Board shall hold an inquiry at a place, date and time to be fixed by the Chairman, of which not less than fourteen clear days notice shall be given to the parties con- cerned, and every such inquiry shall be conducted in public.

15.

The procedure at an inquiry before a Board, the Procedure at inquiry.
summoning and remuneration of witnesses for attendance thereat, and all questions incidental to the inquiry shall be governed by the provisions of the laws for the time being in force relating to civil proceedings in the High Court: Provided that in the case of any doubt arising on any question of practice and procedure the same may be settled by the Chairman.

16.

The Board, or any person authorized by them, Power of entry for purpose of may at any time before, during or after an inquiry under inquiry.
this Act, enter upon and inspect any land for any purpose connected with such inquiry.

17.

(1) At the conclusion of the inquiry the Board Award of Board.

shall decide upon the claims for compensation and appor- tionments submitted to them and shall make an award under the hand of the Chairman who shall cause the same to be filed in the High Court.
(2) The decision of the majority of the members of the Board with respect to the compensation to be paid shall be deemed to be the decision of the Board, and, if all the members of the Board differ, the mean between the amount decided upon by the Chairman and that one of the amounts decided upon by the two other members of the Board which approxipates most nearly to the amount decided upon by the Chairman shall be deemed to be the compensation award- ed by the Board.
(3) An appeal shall lie against a decision of the Board to the Court of Appeal.

12 CAP.

233) Land Acquisition LAWS OF ANTIGUA AND BARBUDA Procedure where claim for exceed certain amounts.

Cap.

255.

DETERMINATION OF SMACL CLAIMS FOR COMPENSATION 18.


(1) Anything in any law to the contrary not- withstanding, in any case in which the compensation claim- ed does not exceed two hundred and forty dollars, and in any case in which the compensation claimed does not exceed four hundred and eighty dollars and, in the latter case, the parties agree in writing to the settlement of the claim by a Magistrate, the amount of the compensation to be paid in any such case shall be determined by a Magistrate.
(2) It shall be lawful for any Magistrate, upon the application of either party wit-h respect to any question of disputed compensation in either of the cases mentioned in subsection (I), to summon the other party to appear before him at a time and place to be named in such summons and to hear and determine such question of disputed compensation.
(3) For the purposes of any proceeding under this section- (a) the procedure to be followed thereat, the sum- moning and remuneration of witnesses and all questions incidental to such proceeding shall be governed by any law for the time being in force relating to the recovery of claims under two hundred and forty dollars before a Judge of the Supreme Court and all the provisions of any such law shall apply mutatis mutandis to any such proceeding; and (6) the provisions of sections 16, 19, 20, 2 1, 22 and 25 shall apply with such verbal alterations (not affec- ting the substance) as may be necessary to make the same applicable.
(4) An appeal shall lie against the determination by a Magistrate of any question of disputed compensation under this section in like manner as if such determination was given in the exercise of the summary jurisdiction of a Magistrate in a civil matter under the provisions of the Magistrate's Code of Procedure Act, and for the purposes of such appeal the determination of the Magistrate under this section shall be deemed to be a decision of the Magistrate within the mean- ing of section 167 of the said Act.
LAWS OF ANTIGUA AND BARBUDA Land Acquisition (CAP.

233 13 PROVISIONS GOVERNING ASSESSMENT OF COMPENSATION, ETC.

19.
Subject to the provisions of this Act, the follow- Rules for assessment of ing rules shall apply to the assessment and award of com- pensation by a Board for the compulsory acquisition of land- (a) the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land, if sold in the open market by a willing seller, might have been expected to have realized at a date twelve months prior to the date of the second publication in the Gazette of the declaration under section 3: Provided that this rule shall not affect the assessment of compensation for any damage sustained by the person interested by reason of severance, or by reason of the acquisition injuriously affecting his other property or his earn- ings, or for disturbance, or any other matter not directly based on the value of the land; ( b ) the special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which the land could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any Government department; (c) where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises or to public health, the amount of that increase shall not be taken into account; (d) where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Board is satisfied that reinstatement in some other place is bonafide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement; ( e ) no allowance shall be made on account of- 14 CAP.
233) Land Acquisition LAWS OF ANTIGUA AND BARBUDA (i) the acquisition being compulsory or the degree of urgency or necessity which has led to the acquisition; (ii) any disinclination of the person interested to part with the land acquired; (iii) any damage sustained by the person interested which, if caused by a private person, would not render such person liable to an action; (iv) any damage, not being in the nature of deprivation of or interference with a n ease- ment, servitude or legal right, which, after the time of awarding compensation, is likely to be caused by or in consequence of the use to which the land acquired will be put: Provided that nothing herein shall prejudice any claim under this Act for damage subsequently sustained in consequence of the use to which the land acquired is put; (v) any increase to the value of the land acquired likely to accrue from the use to which the land acquired will be put; (vi) any outlay or improvement of such land which has been made, commenced or effected within twelve months before the publication of the declaration under section 3, with the intention of enhancing the compensation to be awarded therefor in the event of such land being acquired for public purposes.
Special rule as to severance.

Interest.

20.

As to severance, compensation may be assessed on the footing that any specified works, crossings, or access agreed to on behalf of the Governor-General shall be erected, provided, and allowed, and any 'such agreement shall be reduced into writing and be signed by the Chairman and shall be valid and effectual and binding on the parties.

2 1.
2 1.

The Board, in awarding compensation, may add thereto interest at the rate of four per centum per annum, calculated from the date upon which the authorized officer entered into possession of the land acquired until the date of the payment of the compensation awarded by the Board.

LAWS OF ANTIGUA AND BARBUDA Land Acquisition (CAP.

233 15 22.

(1) The authorized officer shall pay to the claim- Rules as to costs.
ant the reasonable costs incurred by him in or about the preparation and submission of his claim, unless the Chair- man considers that the claimant has failed to put forward a proper claim within a reasonable time after the service of the notice under section 7 or that the claim put forward is grossly excessive or that he has been a party to some deceit or fraud in respect -of his claim.
(2) Subject to the provisions of subsection (I), where an unconditional offer in writing of any amount as compen- sation has been made to any claimant by or on behalf of the authorized officer and the sum awarded as compensa- tion does not exceed the amount offered, the Chairman shall, unless for special reasons he thinks it proper not to do so, order the claimant to bear his own costs and to pay the costs of the authorized officer so far as the costs of the authorized officer were incurred after the offer ww made; and, where the claimant has failed to put forward a proper claim in suf- ficient time to enable the authorized officer to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer had been made by or on behalf of the authorized officer at the time when, in the opinion of the Board, a proper claim should have been put forward and the claimant has been awarded a sum not exceeding the amount of such offer.
(3) Subject to the provisions of subsection (I), where a claimant has made an unconditional offer in writing to accept any amount as compensation and has put forward a proper claim in sufficient time to enable the authorized officer to make a proper offer, and the sum awarded is equal to or exceeds that amount, the Chairman shall, unless for special reasons he thinks it -proper not to do so, order the authorized officer to bear his own costs and to pay the costs of the claimant so far as the costs of the claimant were incurred after the offer was made.
(4) Subject to the preceding provisions of this section, the costs shall be in the discretion of the Chairman who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and he may in any case direct such costs to be taxed by the Registrar of the High Court.

16 CAP.

233) Land Acquisition LAWS OF ANTIGUA AND BARBUDA (5) The mode of enforcing any order as to costs shall be in the manner prescribed by the practice of the High Court.
(6) Where the Chairman orders the claimant to pay the costs or any part of the costs of the authorized officer, the authorized officer may deduct the amount so payable by the claimant from the amount of any compensation which may be payable to him.

23.
(1) Where there is no person competent to alienate land or to receive or to give a sufficient discharge for any compensation awarded or where any person interested in land, by reason of his absence from Antigua and Barbuda and of his not being represented therein by a duly author- ized attorney, does not submit a statement to or appear before the authorized officer as required by section 7 , and where such person, after diligent inquiry, cannot be found, the authorized officer may pay the compensation into the High Court to the credit of the person entitled thereto.
(2) Any compensation paid into the High Court by virtue of this section may, on the subsequent application of any person claiming to be entitled thereto, be paid out to such person on the order of a Judge of the Court.

(3) All moneys paid into the High Court under the pro- visions of this section which remain unclaimed for twelve years after such payment shall be transferred and paid into the general revenue, and all claims thereto shall be forever barred.

24.
A person interested in any land which, without any portion thereof being compulsorily acquired, has been injuriously affected by the erection or construction on land compulsorily acquired of any works in respect of which the land was acquired, shall be entitled to compensation in respect of such injurious affection: Provided that compensation shall not be payable under this section in respect of any injurious affection which, if caused by a private person, would not render such person liable to an action.
Absentee owners.

Compensation to persons interested in adjacent land.

LAWS OF ANTIGUA AND BARBUDA Land Acquisition ( C A P .

233 17 25.

(1) If any land shall be comprised in a lease for Special a term of years unexpired and part only of such land shall lease,.

be acquired comp~lsorily, the rent payable in respect of the land comprised in such lease may, on the application of the lessor or the lessee to a Judge of the High Court, be appor- tioned between the land acquired and the residue of the land.
provisions as to (2) After such apportionment the lessee shall, as to all future accruing rent, be liable to pay only so much of the rent as shall be so apportioned in respect of the residue of the land, and as to the residue of the land, and as against the lessee, the lessor shall have all the same rights and remedies for the recovery of such portion of the rent as previously to such apportionment he had for the recovery of the whole rent reserved by such lease, and all the covenants, conditions, and agreements of such lease, except as to the amount of rent to be paid, shall remain in force with regard to the residue of the land in the same manner as they would have done in case the residue of the land only had been included in the lease.
(3) Where it is shown that the compulsory acquisition of a portion of land comprised in a lease has rendered the residue unsuitable for the purpose for which the land was leased or where in the circumstances the said Court con- siders it just so to do the Court may rescind the lease altogether, and in such case the lessee shall only be liable to pay the rent due at the date of the occurrence of the circumstances on which the rescission order is based.
(4) Where as the result of such rescission of lease the lessor or lessee suffers any loss or injury he shall be entitled to compensation as hereinbefore provided in this Act.

26.
26.

Where any question arises touching the title of lo^, any person to any land which may be entered upon or deemed OW~ZU, acquired for the p;rposes of this ~ c t , o r touching an; estate or interest therein, the person having the ostensible possession or enjoyment of the rents and profits of such land shall, for the purposes of this Act, be deemed to be the owner of the same until the contrary is proved.

18 CAP.

233) Land Acquisition LAWS OF ANTIGUA AND BARBUDA Fees and expenses of Board.

27.
27.

(1) Every assessor shall receive for his services such fee as the Governor-General.

on the recommendation of the Chairman, may direct.

(2) The Governor-General may also authorize the reim- bursement of the travelling and subsistence expenses incurred by the Chairman and members of a Board appointed under this Act.

Conveyancing, etc.

costs to be paid by authorized officer.

28.
28.

All reasonable costs, charges, and expenses incurred by the owners of the land or persons interested therein for all conveyances, assurances, transfers and transmissions of any lands purchased or acquired, and of any outstanding terms of interest therein, and of deducing, evidencing and producing title to such lands, terms and interest, and of making out such abstracts and attested copies as the authorized officer may require, shall be paid by the authorized officer.

Payment of compensation, etc.

29.


All amounts which have been awarded by way of compensation under this Act, including interests and costs to be paid by the authorized officer, and all other costs, charges and expenses which shall be incurred under the authority of this Act, shall be paid out of the Treasury on the warrant of the Minister of Finance.

Exemption from stamp duty and fees.

30.


Anything in any law to the contrary notwith- standing, no instrument or document relating to anything lawfully done under, or for the purposes of this A C ~ , shall be chargeable with any stamp duty, registration or record- ing fee.

Limitation of time for making claims.

3 1.
3 1.

Except with the approval of the Cabinet in any case in which they consider that injustice may otherwise be done, no claim for compensation which may be made under the provisions of this Act, shall be admitted or entertained unless the same shall be made within twelve months after the date on which entry has been made on the land under section 4 or, if a declaration has been made under section 3, within a similar period after the date of the second publica- tion of such declaration.
LAWS OF ANTIGUA AND BARBUDA Land Acquisition (CAP.

233 19 32.
If any person- Assaulting or obstructing (a) assaults or obstructs or aids and abets any person in assaulting or obstructing the authorized officer or any of his agents, assistants or workmen in the execution of his or their duty under this Act; or ( b ) opposes or impedes the lawful occupation or taking of possession of any land under the provisions of this Act, he shall be liable, on summary conviction, to a fine not exceeding three thousand dollars or to imprisonment with or without hard labour for a term not exceeding three months.
33.

The Land Acquisition Act, the Acquisition of ::;$- Land (Amendment) Act, 1939, the Acquisition of Land (Amendment) Act, 1941, the Land Acquisition Act, 1944, the Land Acquisition (Amendment) Act, 1953, and the amendments to the Land Acquisition Act, 1944 and to the Land Acquisition (Amendment) Act, 1953, effected by the Adaptation of Laws Regulations, 1956 are hereby repealed.

1411939.

811941.

1111944.

311953. s - R .

0 .

1956 No.

22.

34.


All rights, powers, acts and duties exercised and Validation.
undertaken in Antigua and Barbuda by the Administrator, the Administrator in Council, the Legislative Council, any Judicial Officer, any Government Officer or any other per- son whatever in exercise of the powers and authorities purported to have been vested in them by the Acts referred to in section 33, are hereby declared to have been validly, properly and lawfully done and are confirmed as from the time of the exercise of such rights, powers, acts and duties, and, the said Administrator, the Administrator in Council the Legislative Council, any Judicial Officer, any Govern- ment Officer or any other person whatever as aforesaid are hereby freed, acquitted, discharged and indemnified as well against the Queen's Most Gracious Majesty Her Heirs and Successors as against all and every person and persons whatever, from all legal proceedings of any kind whatever, whether civil or criminal in respect of or consequent on the exercise of any such rights, powers, acts and duties as aforesaid.