User:CROIX/Laws of Antigua and Barbuda/Main article draft

Antigua and Barbuda is a constitutional monarchy that uses a parliamentary system of government that is modeled after that of the United Kingdom. These islands are a part of what are collectively referred to as the Leeward Islands. The legislative, the executive, and the judicial branches make up the structure of the government. Its legal system, known as common law, is patterned after the English system.

Acts

Volume 1

Abolition of Minimum Punishments Act (1st March, 1882)

It shall be lawful for any Judge of the Supreme Court, when passing sentence upon any person convicted under any Act which prescribes for the offense of which such person has been convicted a minimum term of imprisonment or a minimum fine, notwithstanding any enactment to the contrary, to reduce the prescribed term of imprisonment, and, in the case of a fine, to reduce the prescribed amount thereof, and to sentence such person to such less term of imprisonment, or to pay such less fine.

Abolition of Unnecessary Oaths Act (8th March, 1864)

It shall not be lawful for any Justice of the Peace or other person to administer, or cause or allow to be administered, or to receive, or cause or allow to be received, any oath, affidavit, or solemn affirmation touching any matter or thing whereof such justice or other person does not have jurisdiction or cognizance by some statute in force at the time being: This Act shall not extend to any oath, affidavitor solemn affirmation before any justice in any matter or thing touching the preservation of the peace or the prosecution or punishment of offenses, nor to any oath, affidavit or affirmation which may be required by the laws of any other place or country to give validity to instruments in writing designed to be used in such place or country. It shall be lawful for a Judge or any Magistrate or Notary Public to take and receive the declaration of any person voluntarily making the same before him in the form in the Schedule, and if any declaration so made shall be false or untrue in any material particular, the person wilfully making such false declaration and any person making use thereof with the intent to deceive, knowing the same to be false, shall be guilty of a misdemeanor. The same fees shall be payable in respect of a declaration allowed by this Act as would be payable on making any legal oath, solemn affirmation, or affidavit. These fees shall be comparable to the rates that would be payable on making any legal oath, solemn affirmation, or affidavit. The oath of allegiance, as well as the oath or affirmation that is substituted for the oaths of allegiance, supremacy, and abjuration, shall continue to be required, administered, and taken in the same manner as if this Act had not been passed; however, nothing in this Act shall extend or apply to the oath of allegiance or the oath or affirmation that is substituted for the oaths of allegiance. Nothing in this Act shall be construed as extending to or applying to any oath, solemn affirmation, or affidavit in any judicial procedure in any Court of Justice, or in any proceeding for or by means of summary conviction before any Magistrate. This provision shall not apply. Nothing in this Act shall be construed as extending or applying to any oath or solemn affirmation that is now or in the future may be required to be made or taken under or by virtue of any commission of Her Majesty, Her heirs or successors, or for the due execution of any office or employment. This provision shall not apply to any oath or solemn affirmation that is currently required to be made or taken.

Absconding Debtors Act (1st April, 1977)

It shall be lawful for a Judge of the High Court, by warrant under his hand, to authorize the Provost Marshal to arrest and bring before him or some other Judge of the said Court any person alleged to be indebted and to be about to quit Antigua and Barbuda, on the conditions and subject to the procedure that will be outlined in the following paragraphs. This authorization shall only be valid if the person in question is about to leave Antigua and Barbuda. A person cannot be arrested for debt that is being handled through the mesne process, unless certain conditions are met. A warrant of arrest shall not issue against a married woman or an infant, nor in respect of any debt less than two hundred dollars, nor in respect of any debt that has been due and owing for more than two years prior to the application for such warrant, nor until an action shall have been commenced by the alleged creditor against the debtor for the recovery of such debt by writ especially endorsed as provided by the Rules of the Supreme Court. An application for a warrant of arrest may only be submitted in relation to a debt or liquidated demand for a sum of at least two hundred dollars, and it must be founded on an affidavit provided by a person who is able to swear positively to the contents of the document. The affidavit must verify the cause of action as well as the amount and the date when the debt or demand became due, and it must also state that the applicant does not believe there is a defense to the claim. The intention of the defendant to leave Antigua and Barbuda must also be stated, in the same way, on the same or another affidavit that demonstrates convincingly the grounds on which the deponent believes, as well as the date on which, and the place for which, the debtor intends to leave, insofar as the deponent is aware of these particulars. If the application for a warrant of arrest is granted by the judge, the warrant will be immediately signed by the judge and given to the Provost Marshal. The Provost Marshal will then immediately cause the person against whom such a warrant is issued to be arrested. If the judge denies the application for a warrant of arrest, the person will not be arrested. It shall be lawful for the Provost Marshal or any Bailiff of the High Court so authorized by him in that behalf to receive the sum endorsed on the writ, together with the prescribed costs of issuing and executing the same, and in such event he shall forthwith endorse the writ with a statement of such receipt, and return the same to the Registry of the High Court, and account for the money so received in the same manner as if the money had been received from the defendant personally. The Provost Marshal or Bailiff shall serve the defendant with the writ if not already served and give notice on the prescribed form to the plaintiff and immediately convey the defendant in custody before a Judge in Chambers, if a Judge is then present in Antigua and Barbuda, or in the absence of the Judge before the Registrar of the High Court, who (the plaintiff being in attendance or having been notified as aforesaid) may order the defeasance. The judge or registrar, depending on the circumstances, may, if he deems it appropriate, proceed to dispose of the action by trying it, or he may direct that the action be set down for trial, regardless of the amount claimed, at the first sitting of the court that is convenient to do so. Either option is available to him. If a judge does not order differently, there will be no pleadings in any such action; however, the affidavits filed on behalf of the plaintiff and defendant respectively will be taken to make up the respective grounds of claim and defense. It is possible to provide security by making a cash deposit, submitting a bond, or doing whatever else that satisfies the judge or registrar, depending on the circumstance. At any moment throughout the proceeding, the defendant may confess judgment, in which case the same shall be entered accordingly for the debt, together with any costs that may be agreed upon or levied in accordance with the judgment. After the case has been resolved, if the judge or registrar, depending on the circumstances, decides to award judgment in favor of the plaintiff, then the judge or registrar has the authority to order the imprisonment of the defendant in default of security for such a period of time as he sees fit, provided that it is proven to the judge's or registrar's satisfaction that the absence of the defendant will materially prejudice the plaintiff in the recovery of his judgment debt. Upon the defendant appearing before him, the judge or registrar, depending on the circumstances, shall, if he is satisfied that the defendant is not about to quit Antigua and Barbuda, or that his absence from Antigua and Barbuda will not materially prejudice the plaintiff in respect of the recovery of the debt for which the action has been brought, or if he is not satisfied on hearing the parties and such evidence as may be adduced, that the defendant owes the plaintiff. It shall in any case be lawful for the Judge or Registrar, as the case may be, to refuse to commit or detain the defendant on the ground that his absence would not materially prejudice the plaintiff as aforesaid. This shall be the case regardless of whether or not the judgment has been confessed. If the defendant proves that he does not have the means to pay the debt, and it is not likely that he will obtain such means if he is detained in Antigua. All committals to prison in accordance with this Act shall be for failing to give security to satisfy the debt or to obey the order of the Court, and shall be to Her Majesty's Prison. In the event that the debt has not been admitted or confessed, the committal may be for such term, not exceeding three months in any case, as the Judge or Registrar, as the case may be, may deem sufficient to give time for the trial of the action, and for no longer, and no person who. For any procedure that falls under this Act, the Chief Justice is the one who is responsible for making rules, forms, and cost and fee schedules at various points in time. Any person who has been committed under the terms of this Act shall be entitled, at any time after such commitment, to an order of discharge to be made by a Judge or Registrar as the case may be on the following conditions:

• (a) the payment or settlement of the debt;
• or (b) the consent of the creditor;
• or (c) the giving of security as required;
• or (d) an ajudication of bankruptcy against the defendant;

• or (e) proof that he is without means, and that his absence

A defendant who wishes to apply to the High Court for a discharge on any of the above grounds must, upon notifying such desire, be brought before the said Court by the Superintendent of Prison. The Judge or, in his absence, the Registrar may refuse such application forthwith, or may direct such notice thereof to be given to the plaintiff as he shall think requisite, or, in case he is satisfied by sufficient documentary evidence of either of the grounds mentioned in the preceding sentence, he may grant the discharge. Nothing in the Debtors Act shall in any way impair any right or authority under this Act to arrest or imprison any individual for any debt. Nothing in the Debtors Act shall affect any right or power under this Act.

Accessories and Abettors Act (1st January, 1877)

Whoever shall become an accessory before the fact to any felony, regardless of whether the same be a felony at common tried and law or by virtue of any Act, may be indicted, tried, convicted, and punished, in all respects, as if he were a principal felon. This applies regardless of whether the felony in question is a felony at common tried and law or by virtue of any Act. Whoever counsels, procures, or commands another person to commit any felony, whether the same be a felony at common law or by virtue of any Act, shall be guilty of felony, and may be indicted and convicted, either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon; or may be indicted and convicted of a substantive felony whether the principal felon shall, or shall not. Whoever shall become an accessory after the fact to any felony, whether the same be a felony at common law or by virtue of any Act, may be indicted and convicted, either as an accessory after the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon; may be indicted and convicted of a substantive felony whether the principal felon shall, or shall not, have been previously convicted, or whether the principal felon shall, or shall not. Every person who is found to be an accessory after the fact to any felony (except in cases where it is otherwise specially enacted), regardless of whether the felony in question is a felony at common law or by virtue of any Act, shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor, and it shall be lawful for the Court, if it shall think fit, to require the offender to enter into his own recognizances and to find sureties. It shall be lawful to proceed against any accessory, either before or after the fact, in the same manner as if judgment on such conviction had been recorded against the principal felon, notwithstanding the fact that the principal felon may pass away, be pardoned, or otherwise be delivered before judgment; and every such accessory shall, upon conviction, suffer the same punishment as he would have suffered if he had been found guilty of the original crime. Any number of people who contributed to the commission of a felony at different times and any number of people who received property that had been stolen at one time did so at different times may be charged with substantive felonies in the same indictment and may be tried and included in the same indictment, or they may not be in custody or amenable to justice. Whoever shall aid, abet, counsel, or procure the commission of any misdemeanor, whether the same be a misdemeanor at common law or by virtue of any Act, shall be liable to be tried, indicted, and punished as a principal offender. This applies whether the misdemeanor in question is a misdemeanor at common law or by virtue of any Act.

Acetate of Lead (Prohibition) Act (4th April, 1850)

Any person who knowingly uses or permits the use of lead acetate in the manufacturing of sugar for sale or use shall, upon conviction thereof before a Magistrate, be liable to a penalty not exceeding five thousand dollars, and in default of payment to be imprisoned for any period of time not exceeding six calendar months. This provision applies to any person who violates this provision. One-half of the fine that has been assessed will be paid to the informant, who is hereby recognized as a credible witness, and the other half will be paid to the Accountant-General for the benefit of Antigua and Barbuda. Both of these parties will share in the proceeds of the fine.

Administration of Estates by Consular Officers Act (20th January, 1941)

If any subject or citizen of any of the States indicated in the first column of the Schedule-

• (a) dies within Antigua and Barbuda,

• or (b) dies outside Antigua and Barbuda leaving property within Antigua and Barbuda and no person is present in Antigua and Barbuda at the time of his death who is rightfully entitled to administer the estate of such deceased person, the Ambassador or his agent, Consul, Vice-Consul, or Consular Agent of such State within Antigua and Barbuda may take possession and have the custody of the property of such deceased

The Ambassador or his agent, Consul, Vice-Consul, or Consular Agent of such State within Antigua and Barbuda may take possession and have the custody of the property of such deceased person, and may apply the same in payment of his debts and funeral expenses, and may retain the surplus for the benefit of the persons entitled thereto; however, such Ambassador or his Agent, Consul, Vice-Consul, or Consular Agent of such State within Antigua and Barbuda shall immediately apply for, and shall be.

It will be permissible for the Governor-General to make changes to the Schedule through the use of an order.

• a) by deleting therefrom any State when the provision of the Treaty with that State mentioned in the Schedule shall have ceased to have effect;
• b) by adding thereto any State with whom Government shall make a Treaty of Commerce and Navigation containing provision similar to any of the provisions mentioned in the Schedule. a) by deleting therefrom any State when the provision of the Treaty with that State mentioned in the Schedule shall have ceased to have effect.

Schedule

• Estonia
• Finland
• Greece
• Hungary
• Japan
• Thailand
• Turkey
• Kingdom of the Serbs, Croats and Slovenes

Administration of Insolvent Estates Act (31st December, 1887)

In the administration of the estate of every person who will pass away on or after the first day of July, 1888, no debt preference by reason merely that the same is secured by arises under a bond, deed, or other instrument under seal, is otherwise made or constituted a specialty debt; however, all reditors of such person, both specialty and simple con-, shall be treated as standing in equal degree, and be accordingly out of the assets of such deceased person, whether such assets are real or personal property. This Act shall not prejudice or affect any lien, charge, or other security that any creditor may possess or be entitled to for the payment of his debt in any way, and this Act shall not have any such effect. In the administration of the assets of Act by the Court, and whose estate may prove to be insufficient for the payment in full of his debts and liabilities, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the law of bankruptcy, with respect to the valuation of annuities and future and contingent liabilities respectively.

Administration of Small Estates Act, 2004

In any circumstance in which a person dies intestate and leaves behind a modest estate, an application for a grant of letters of administration in respect to such estate may be made to the Registrar at any time not earlier than one month after the death of such person. The deadline for such an application is one month after the person's death. Any person who was the deceased person's husband, wife, issue, father, mother, or issue of the deceased person's father or mother is eligible to submit an application in accordance with the previous subsection. Probate of the will of any deceased person who leaves behind a small estate may, upon application to the Registrar and upon production of the will and of an affidavit verifying the due execution thereof, be issued to the executor named in the will or, in any case where it shall appear to the Judge to be necessary or proper to do so, the Judge may appoint an administrator of the estate and direct letters of administration with the will annexed to be issued to him. It shall be the duty of the Registrar to whom application is made to assist the applicant in filling up such papers as may be necessary to lead to a grant of letters of administration or of probate, as the case may be, and, for that purpose, he may require the applicant to furnish him with documentary evidence of the value of the estate, the identity of the applicant, and his relationship to the deceased, the identity of every bequest, and the identity of every beneficiary. It shall be the duty of the Registrar to. As soon as the Registrar is in possession of an application in accordance with subsection 3(2) or section 4, they are required to notify the public of the application, the name of the applicant, the estate in respect to which the application is made, and they are required to invite any objections and inquiries. With the exception of subsections (1) and (2), the Registrar is responsible for investigating the application and preparing a report. The Registrar then presents the report to a Judge, who, if persuaded that the application should be approved, issues a directive in accordance with the recommendation made in the report. In spite of any law to the contrary, the fees that are specified in the Schedule are the only ones that need to be paid to the Registrar. No other fees, duties, or charges of any kind are required to be paid in connection with the granting of letters of administration or probate, including any application for either of those. In accordance with the provisions of paragraph (1), the Registrar is obligated to transfer any and all fees collected to the Accountant General for the Treasury's benefit. (3) The Minister is permitted, through regulation, to make changes to the Schedule. (4) An positive resolution from the House of Representatives is required for the approval of any regulation that is made pursuant to this section. Anyone who knowingly submits a statement to the Registrar that they know to be false in any substantial particular, for the purpose of reaping the benefit conferred by this Act, is committing an offense. This Act makes it an offense for anyone to do so. (2) If the Registrar has reason to believe that an offense has been committed in accordance with the provisions of this section, he is required to submit the matter to the Director of Public Prosecutions so that the matter can be investigated and perhaps prosecuted. (3) Any person who commits an offense that is covered by this section is subject to a fine that does not exceed five thousand dollars or a term of imprisonment that does not exceed six (6) months if they are found guilty after a summary conviction. (4) Despite the fact that subsection (3) does not apply, if, on examination of any person charged with any offense under this section, it appears to the Magistrate that it is not expedient, considering the magnitude of the offence and in the interest of justice, that the person charged should be tried summarily, he may proceed to com- mit the person charged to stand trial on indictment before a jury. This is the case even if it appears to the Magistrate that it is not expedient, (5) Any person who is found guilty of violating this section on the basis of an indictment is subject to a fine that does not exceed ten thousand dollars or to a period of imprisonment that does not exceed two years. It has been decided to repeal the Administration of Small Estates Act, Cap. 8.

Adoption of Children Act (13th December, 1944)

The Court may, subject to the provisions of this Act, issue an order (in this Act referred to as "an adoption order") authorizing the applicant to adopt the infant upon receipt of an application in the prescribed manner from any person desiring to be authorized to adopt an infant who has never been married. In this Act, "infant" refers to a person under the age of 18; "adopter" refers to a person who is so authorized to adopt the infant; and "adopted kid" refers to an infant who is authorized to be adopted. When two couples jointly apply for an adoption order, the court may issue the order allowing both spouses to adopt; however, unless specifically stated otherwise, no adoption order shall be issued allowing more than one person to adopt an infant. A court cannot issue an adoption order if the applicant is under 25 years old, or if the applicant is younger than the infant for whom the application is being made by less than 21 years. If the applicant is the mother of the child and is under twenty-five years old, or (ii) if the applicant and the child are within the proscribed degrees of consanguinity and the applicant is under twenty-one years older than the child, it will be legal for the court to make an order. This also applies if the application is made jointly by two spouses and the wife is the applicant. Unless the Court is convinced that there are extraordinary circumstances that warrant the issuing of an adoption order, an adoption order cannot be obtained in any situation where the only applicant is a man and the infant for whom the application is made is a female. An adoption order cannot be obtained without the approval of each individual or group that is either the parent or guardian of the child for whom the application is being made, has physical possession of the child, or is responsible for paying for the child's support: The Court may waive any consent required by this subsection, provided that the Court is satisfied that the person whose consent is to be waived has abandoned or deserted the infant, cannot be located, is unable to give such consent, is a person who is required to contribute to the support of the infant but has consistently neglected or refused to do so, or is a person whose consent ought, in the Court's judgment and in all the circumstances, to be waived. No adoption order shall be issued on the application of one of two spouses without the consent of the other spouse; provided, however, that the Court may waive any consent required by this subsection if it is satisfied that the spouses have separated and are living apart and that the separation is likely to be permanent, that the person whose consent is to be waived cannot be located, or that the person is incapable of providing the consent. An adoption order cannot be granted to a candidate who is not a citizen of the Commonwealth and is not a resident of Antigua and Barbuda, or to a child who is neither a Commonwealth citizen nor a resident of Antigua and Barbuda. Before making an adoption order, the Court must be satisfied that: (a) every person whose consent is required under this Act and whose consent is not dispensed with, has consented to and understands the nature and effect of the adoption order for which application is made, and in particular, in the case of any parent, understands that the effect of the adoption order will be to permanently deprive him or her of his or her parental rights; and (b) that the order, if it is made, will be for the welfare of the child, with proper consideration given to the child's requests for this purpose, taking into account the child's age and level of understanding; and (c) The applicant has not received or agreed to receive any cash or other reward in exchange for the adoption, and no one has made or given, or agreed to make, or provided to the applicant any payment or other reward other than what the Court may permit. In an adoption order, the court may impose whatever terms and conditions it sees fit. In particular, the court may demand that the adopter make any provisions (if any) for the adopted child that it deems to be equitable and practical. All parental and guardian rights to future custody, support, and education of the adopted child, as well as any rights to name a guardian or object to a marriage, are extinguished upon the making of an adoption order, and all such rights, duties, obligations, and liabilities vest in and are exercisable by, as well as enforceable against, the person or persons to whom they pertain. Awful wedlock: Provided that, in any situation where two spouses are the adopters, such spouses shall, with regard to the matters aforesaid and for the purpose of the Court's jurisdiction to make orders as to the custody and maintenance of and right of access to children, stand to each other and to the adopted child in the same relation as they would have stood if they had been the lawful father and mother of the adopted child, and the adopted child shall stand to them respectively. The terms "child," "children," and "issue" when used in any disposition, whether made before or after the making of the adoption order, shall not be construed as denying the adopted child any right to or interest in property to which, but for the order, the child would have been entitled under any intestacy or disposition, whether occurring or made before or after the making of the adoption order. The adopter shall be deemed to be the child's parent for the purposes of Sections 57 of the Friendly Societies Act, which permits a Friendly Society to insure funds to be paid for funeral expenses, and Sections 58 of the same Act, which restricts the persons to whom money may be paid on the death of a child under the age of ten years. If, prior to the adoption order being made, any such insurance had been effected by the child's natural parent, the rights and benefits. Any application for an adoption order may be postponed by the court, and it may issue an interim order (which is not an adoption order for the purposes of this Act) granting the applicant custody of the infant for a period of time not to exceed two years during a probationary period, with such conditions as to maintenance, education, and supervision of the infant's welfare, as well as other matters as the court may determine. All consents necessary for an adoption order must also be necessary for an interim order, subject to the Court's ability to waive any such consent. An adoption order or interim order may be made for a child who has already been the subject of an adoption order. Upon any application for such another adoption order, the adopter or adopters under the previous order, if still alive, shall be deemed to be the parent or parents of the child for all purposes of this Act. The High Court shall have the authority to issue adoption orders pursuant to this Act. The Chief Justice shall make rules pertaining to any thing to be regulated under this Act, ordering the way in which petitions to the Court are to be made, and generally dealing with all matters of process and incidental matters arising out of this Act in order to implement this Act. Such laws might allow adoption order applications to be heard and decided outside of open court. The Court shall appoint a person or entity to act as guardian ad litem of the infant for the purposes of any application under this Act and subject to any rules under this section following the hearing of the application, with the responsibility of defending the interests of the infant before the Court. Except with the permission of the Court, no adopter, parent, or guardian shall be entitled to receive any payment or other reward in consideration of the adoption of any child under the Act, and no person shall be entitled to make, give, or agree to make such a payment or reward to any adopter, parent, or guardian. When an infant has been in custody, being raised, maintained, and educated by a person or two spouses jointly as his, her, or their own child under a de facto adoption for a period of time of not less than two years prior to the commencement of this Act and has done so for a period of not less than two years prior to such commencement, the Court may, upon the application of such person or spouses, and notwithstanding that the applicant is a minor, grant the applicant's request. The Adopted Children Register is a register that the Registrar-General must create and keep up to date at his office. No other entries may be made in it other than those that may be required by adoption orders. Every adoption order must include a directive to the Registrar-General to record the adoption in the Adopted Children Registry using the format outlined in the Schedule. If on any application for an adoption order (a) the date of the infant's birth; and (b) the infant's identify with a child to which any entry or entries in the Registry of Births relate, are established to the Court's satisfaction, the adoption order must also include a further instruction to the Registrar-General to have the birth, entry, or entries in the Register of Births marked with the word "Adopted" and to include the date of the adopted child's birth in the entry in the adoption register recording the adoption in the manner specified in the Schedule. Every adoption order must be communicated to the Registrar-General by the designated court official in the prescribed manner. Upon receiving this communication, the Registrar-General must ensure that the directions contained in the order are followed, including marking any entry in the Register of Births with the word "Adopted" and creating the proper entry in the Adopted Children Register. Without further or other proof, a certified copy of any entry in the Adopted Children Register that purports to be sealed or stamped with the seal of the Registrar-Office General's shall be accepted as evidence of the adoption to which the entry relates in the following situations: (a) where the entry does not contain a record of the adopted child's birth date, (b) where the entry does contain a record of the adopted child's birth date. In accordance with the same terms, conditions, and regulations that apply under the laws currently in effect in Antigua and Barbuda in respect of searches in other jurisdictions, the Registrar-General shall cause an index of the Adopted Children Register to be made and maintained in his office, and every person shall have the right to search such index and to have a certified copy of any entry in the Adopted Children Register in all respects.

Aerodromes Act (17th June, 1952)

Section 38 of the Civil Aviation Act repeals this Act, but subsection 2 of that section provides that all laws and instruments made under this Act and in effect in Antigua and Barbuda prior to the Civil Aviation Act's implementation shall, to the extent they are not in conflict with the Civil Aviation Act, continue to be in effect as if made under this Act with any adaptations, modifications, and qualifications that may be necessary for the purpose.

Age of Majority Act (13th December, 1984)

Pursuant to this Act, as of the date this Act takes effect, a person attains full age at the age of eighteen instead of twenty-one. A person also attains full age on that date if he has already reached the age of eighteen but not twenty-one. For the purposes of any rule of law, subsection (1) applies to the construction of "full age," "infant," "infancy," "minor," and similar expressions in the following contexts: (a) in this Act and any other statutory provisions, whether passed or made before, on, or after the date this Act enters into force; and (b) in any deed, will, or other instrument (not being a statutory provision) that. Regardless of any legal precedent, a will or codicil made before to the effective date of this Act shall not be deemed to have been made on or after that date for the purposes of this section simply because a codicil issued on or after that date confirms it. The age of eighteen years has been substituted for any references to the age of twenty-one in the statutory requirements listed in the Schedule. The start of the pertinent anniversary of a person's birth date is the moment at which they reach a certain age, given in years. In relation to any written legislation, deed, will, or other instrument, this section only applies where the relevant anniversary falls on a date after that on which this Act goes into effect and has force subject to any provisions therein. Instead of being referred to as an infant, a person who is not of legal age may be called a minor; hence, the term "minor" in this Act refers to that individual. Any order made as mentioned above may provide that any sum that is payable thereunder for the benefit of a person who has ceased to be a minor may be paid under section 5(2), 7(4), or 8 of the Guardianship of Infants Act for any period after the date on which the person ceases to be a minor but not exceeding the date on which he attains the age of twenty-one. Subject to subsections (3) and (4), the court may, upon the application of either parent of that person or of that person himself, make an order requiring either parent to pay to the other parent, to anyone else for that person's benefit, or to that person himself, in rem compensation for that person having been the subject of an order under any provision of the Guardianship of Infants Act while that person was a minor. While the parents of the subject person are living together, no order under paragraph (2) may be made, no responsibility under such an order may arise, and if they do so for a period of three months after the order has been made, the order is void. A person cannot be ordered under subsection (2) to pay money for the upkeep or education of a child they had outside of marriage. The Guardianship of Infants Act shall be understood in conjunction with subsection (2). Any order or directions relating to the control of money recovered by or otherwise payable to an infant in any proceedings that are in effect immediately before this Act takes effect by virtue of any court rules or other written law shall have the same effect as if any reference therein to the infant's attaining the age of twenty-one were a reference to his attaining the age of eighteen or, in the case of a person who, in accordance with this Act, reaches full age on the day this Act takes effect, to that date. Any order that is in effect before this Act takes effect and that expressly states that it will remain in effect until the subject of the order turns twenty-one or any age between eighteen and twenty-one has the same effect as if it said that the subject of the order would turn eighteen or, in the case of a person who by virtue of virtue has attained that age, turns twenty-one. This section is neutral in regard to any order that provides for a person's upkeep or education after turning 18 years old. If the application for the order was made before this Act goes into effect, this Act shall not prevent the making of an adoption order or provisional adoption order under the Adoption of Children Act in respect of a person who has reached the age of eighteen; and in relation to any such case, that Act has full effect as if this Act had not been enacted. Any will that has been made by a person under the age of eighteen and that is valid under the terms of sections 11 of the Wills Act and the Wills (Soldiers and Sailors) Act may be revoked by that person, even though he or she is still under the age of eighteen and regardless of whether or not the circumstances at the time would allow him or her to make a valid will under those provisions. Will has the same meaning in this section as it does in the Wills Act. Nothing in this Act affects the powers of the personal representatives regarding (a) investments of the remainder of any money arising on a trust for sale; or (b) other powers of management in the administration of estates, at any time prior to the beneficiary's interest arising under a will or codicil made before this Act enters into operation or on the death prior to that date of an intestate (within the meaning of the Intestates Estates Act). Any direction for accumulation in a settlement or other disposition made by a deed, will, or other instrument that was made before this Act goes into effect is not invalidated by the change in the construction of a legal rule brought about by this Act that shortens the permissible periods of accumulation of income under settlements and other dispositions. Section 25 of the Trustees and Mortgagees Act is unaffected by this Act in the following ways: (a) in its application to any interest under an instrument made prior to the effective date of this Act; and (b) in its application, under any applicable rules of law, to the estate of an intestate (as defined by the Intestates Estates Act), who passed away prior to the effective date. Trustees have the authority to pay income directly to any person who has reached the age of eighteen in any situation (whether as a result of this section or section 5) in which they are required by section 25 of the Trustees and Mortgagees Act to do so. They may also use the money for the person's maintenance or education. The consent of a minor who has reached the age of sixteen years to any surgical, medical, or dental treatment that, in the absence of consent, would constitute a trespass to his person, shall be equally effective as if he were of full age; and where a minor has, by virtue of this section, given an effective consent to any treatment, it shall not be necessary to obtain any consent for it from his parent or guardian. This section applies to any procedure (including the administration of any anesthetic) which is ancillary to any treatment as it applies to that treatment. In this part, "surgical, medical, or dental treatment" includes any operation conducted for diagnostic purposes. Nothing in this section should be interpreted as invalidating a consent that would have been valid absent its inclusion. This Act does not change the construction of any statutory provision when it is included in and has effect as part of any deed, will or other instrument the construc- tion of which is not affected by that section.

References

Category:Law of Antigua and Barbuda

Note
The acts will be done in this order http://laws.gov.ag/caps/ (remove this when publishing)