The Government of The Bahamas

"adverse claim" means the claim or right (whether vested or contingent, and including dower or a right to dower) of any person to or affecting any interest, encumbrance or title in, on or to any land the subject of any petition under this Act or any part of such land, being a claim or right which is adverse to or inconsistent with any right or claim of the petitioner; and "adverse claimant" has a corresponding meaning;

"attorney" means a person for the time being authorised to practise as a counsel and attorney of the Court;

"Court" means the Supreme Court;

"Limitation Act" means the Limitation Act and any Acts amending or replacing the same;

"plan" means a plan of survey prepared in accordance with the Land Surveyors Act;

"recorded" means recorded under the provisions of the Registration of Records Act;

"rules" means any rules made under this Act;

"Schedule" means Schedule to this Act; and

"surveyor" means a person registered as a surveyor under the Land Surveyors Act.

PART II
CERTIFICATES OF TITLE

3. Any person who claims any estate or interest in land may apply to the court to have his title to that estate or interest investigated and the nature and extent thereof determined and declared in a certificate of title to be granted by the court in accordance with the provisions of this Act.

Investigation of title by court.

4. (1) Every application for a certificate of title made under the provisions of this Act shall be made by petition to the Court.

Application.

(2) Every such petition shall be substantially in accordance with Form 1 of the Second Schedule.

(3) Except in so far as the Court dispenses therewith either wholly or in part, every petition shall be supported by-

(a)

evidence of title in accordance with section 5 of this Act;

(b)

a plan or plans in accordance with section 6 of this Act;

(c)

evidence as to adverse claims in accordance with section 7 of this Act;

(d)

evidence as to inspection, enquiry and notification in accordance with section 8 of this Act; and

(e)

where appropriate, evidence as to inspection of the Index Map and Claims Book in accordance with section 9 of this Act.

(4) At any time before the final determination of any application under this Act the petitioner may, with the leave of the court and subject to the payment of all fees and the costs of all other parties to the proceedings, withdraw his application.

(5) For the avoidance of doubt it is hereby declared that for the purposes of the Limitation Act the presentation to the court of any petition under this Act or under any previous Quieting Titles Act amounts and always has amounted to the commencement of an action or suit.

5. Subject to subsection (3) of section 4 of this Act, every petition shall be supported by-

Evidence of title.

(a)

all title deeds and other evidences of title in the possession or power of the petitioner;

(b)

copies of all recorded documents not in the possession or power of the petitioner which provide any evidence of title certified under the provisions of the Registration of Records Act;

(c)

an abstract of the petitioner's title signed by an attorney and deducing title for the period mentioned in subsection (4) of section 3 of the Conveyancing and Law of Property Act or for so much of that period as is possible together with (in any event) a written statement by an attorney setting forth the result of all customary searches;

(d)

a concise statement signed by the petitioner or his attorney of any facts necessary to make out the title which are not established by the title deeds or other documents supporting the petition;

(e)

evidence by affidavit or otherwise supporting any such facts and, where the petitioner relies on possession under the Limitation Act, affidavits by at least two persons as to that possession;

(f)

any written opinion of an attorney relating to the title in the possession or power of the petitioner; and

(g)

an affidavit by the petitioner or (with the leave of the court) by some person other than the petitioner verifying the petition and all documents other than affidavits and exhibits thereto supporting the petition.

6. (1) Subject to subsection (3) of section 4 of this Act, every petition shall be supported-

Plans.

(a)

by a plan or plans of the land the subject of the petition prepared from a survey of the land made or verified not more than twelve months prior to the presentation of the petition; or

(b)

with the leave of the court, by any plan or plans made or verified more than twelve months prior to the presentation of the petition and which in the opinion of the court is or are sufficient.

(2) Every such plan shall state thereon what person or persons surveyed the land and prepared or verified the plan and upon what date or dates.

(3) Every such plan shall-

(a)

be prepared on such scale and in such style as is prescribed by regulations made under the Land Surveyors Act;

(b)

bear a certificate signed by such officer of the court or other person as is nominated for the purpose under the said regulations, stating that in the opinion of such officer or other person the plan complies with the said regulations.

7. (1) Subject to subsection (3) of section 4 of this Act, every petition shall be supported by affidavit or other evidence relating to all known or possible adverse claims relating to the land.

Evidence of adverse claims.

(2) Such affidavit or other evidence-

(a)

shall be made or given by the petitioner or (with the leave of the court) by some person other than the petitioner, or as to part by one person and as to part by another or others;

(b)

shall relate to the entirety of the land whether made or given by one person or separately by two or more persons in relation to different parts of the land;

(c)

shall disclose all claims actual or potential which to the knowledge of the petitioner subsist in relation to the land;

(d)

shall disclose what person or persons is or are in possession of the land or any part thereof and under what claim, right or title;

(e)

shall fully and fairly disclose all facts relevant to the title claimed by the petitioner and rights adverse thereto and all contracts and dealings relating thereto; and

(f)

shall state that to the best of the deponent's knowledge, information and belief, full disclosure has been made to the court of all matters which are or may be relevant to the title or to the certificate of title to be granted by the court.

8. (1) Subject to subsection (3) of section 4 of this Act every petition shall be supported by affidavit by the person inspecting the land in accordance with the provisions of this section, setting out the results of his inspection.

Inspection and enquiry.

(2) At a date not earlier than six months prior to the presentation of the petition, the land (including the boundaries thereof) shall be inspected by a surveyor or other person who in the opinion of the court is qualified to make an adequate inspection of the land.

(3) Every person making such an inspection shall-

(a)

observe the nature of the land and of the growth thereon;

(b)

examine the land for any notice boards, boundary posts, buildings, structures, footpaths, signs of cultivation or any other matters or things whatsoever (whether or not similar to those enumerated) which might tend to reveal an adverse claim;

(c)

for the purpose of discovering any possible adverse claim make diligent enquiry of-

(i)

any occupiers of the land or any part thereof;

(ii)

any persons appearing to be owners or occupiers of any contiguous land; and

(iii)

any persons appearing to be owners of any easement or profit a prendre affecting the land;

(d)

at the time make a note or record of the results of such observation, examination and enquiry.

9. (1) This section shall apply to all land in such parts of The Bahamas as may from time to time be specified by Order of the Minister responsible for Surveys.

Index Map and Claims Book.

(2) In respect of all land to which this section applies (in this Act called "mapped land") maps (in this Act collectively called "the Index Map") shall be maintained in the Department of Lands and Surveys in accordance with the rules.

(3) In respect of all mapped land, books (in this Act collectively called "the Claims Book") shall be maintained in the Department of Lands and Surveys in accordance with the rules.

(4) Upon payment of such fees as may, be prescribed by the rules any person who claims any interest in any mapped land may cause such officer as is for the time being authorised under the rules-

(a)

to mark upon the Index Map, in such manner as may be prescribed by the rules, the approximate boundaries of the mapped land to which his claim relates;

(b)

to enter in the Claims Book such particulars of the claim as may be prescribed by the rules; and

(c)

to secure such indexing and such cross-referencing of the said marking and entry as may be prescribed by the rules:

Provided always that-

(i)

subject as hereinafter provided no marking or entry shall be made under this subsection unless simultaneously the appropriate action is taken under all three paragraphs (a), (b) and (c) hereof, but

(ii)

if any land is already marked upon the Index Map in accordance with this subsection, any person who claims any interest in the whole of that land (whether adversely to or through or under any person entered in the Claims Book as claiming an interest in that land) may cause such officer as is for the time being authorised under the rules to make such entry in the Claims Book and secure such indexing thereof as may be prescribed by the rules without at the same time securing any further marking of the Index Map or any further cross-referencing.

(5) At a date not earlier than one month before nor later than twenty-one days after the presentation of a petition under this Act in respect of any mapped land, the petitioner shall cause proper particulars of the petition to be marked and entered in accordance with subsection (4) of this section.

(6) Subject to subsection (3) of section 4 of this Act, no certificate of title to any mapped land shall be granted unless the petition is supported by affidavit or other evidence-

(a)

that a surveyor or other person for the time being authorised by the rules has duly inspected the Index Map and Claims Book-

(i)

within the period of one month immediately prior to the presentation of the petition; and also

(ii)

within such period immediately prior to the date upon which the court proposes to grant the certificate as the court may direct; and

(b)

that no markings or entries which appeared relevant to the petition or any possible claim adverse to the petitioner then appeared on the Index Map or in the Claims Book other than those specified in the evidence.

(7) In any proceedings, whether under this Act or otherwise, the court, may upon the application of any party or upon its own motion and after causing such notice as the court thinks fit to be given to the person on whose behalf any markings or entries on the Index Map and in the Claims Book appear to have been made and to such other persons as the court thinks fit, order such deletions or amendments to be made in relation to such entries as the court thinks fit; and such deletions or amendments shall thereupon be made by such officer or person as the court may direct.

(8) Upon the grant of any certificate of title under this Act in respect of any mapped land, the court shall forthwith transmit a certified copy thereof to the officer in charge of the Department of Lands and Surveys with a direction as to the markings and entries to be made on the Index Map and in the Claims Book and that officer shall forthwith cause such markings and entries to be made.

(9) A marking or entry made under this section shall not confer upon any person any right, title or interest in land but shall take effect only for the purposes of this Act.

10. Every petitioner shall cause such notices relating to his petition to be published in such newspapers (whether within or without The Bahamas, or both) and upon such occasions and in such manner and places as may be prescribed by the rules and subject thereto as may be directed by the court.

Advertisement.

(2) The rules shall contain such provisions as are necessary or desirable to secure-

(a)

that the notices of all petitioners which for the time being are to be published shall be combined in a single notice published under the control of the Registrar of the court;

(b)

that such notices shall be published only on one specified day of the week; and

(c)

that such notices shall set out in tabular form for each area of land concerned the particulars following, namely the Island, the situation, a brief description, the names (where known) of the original grantees and of any persons (other than the petitioner) likely to be concerned, the approximate area, the petitioner's name, the estate or interest claimed by the petitioner, the court number of the petition, the place or places where details of the land may be inspected, and (in accordance with section 12 of this Act) the last date for filing adverse claims.

(3) The court may, in any case where it considers it desirable to do so, direct that additional notice of the petition be given by the petitioner by way of radio announcements at such times and in such manner as the circumstances of the case may require.

11. (1) If, at any time after the presentation of a petition under this Act and before the final determination of the same it appears to the court-

Notice to adverse claimants.

(a)

that there is or may be some person, known or unknown, who may have an adverse claim; and

(b)

that in the circumstances it is necessary or desirable to give some further notice than that given or to be given under section 10 of this Act,

then the court shall direct such further notice to be given.

(2) Any such further notice-

(a)

shall be sent or served by such method, whether by ordinary post, registered post, personal service or publication in the newspapers (whether within or without The Bahamas, or both) as the court may direct;

(b)

shall be addressed and sent to such person or persons (including the solicitor, attorney or agent of any person) and at such address or addresses as the court may direct; and

(c)

shall contain such particulars as are required in a notice under section 10 of this Act and be in such form as the rules may require.

12. (1) The last date for filing adverse claims to be inserted in any notice under section 10 or 11 of this Act shall be-

Adverse claims.

(a)

in the case of a notice under section 10, not less than twenty-one days after the date upon which the notice is last published; and

(b)

in the case of a notice under section 11, not less than twenty-one days after the date upon which the notice is served or is first published or would in the ordinary course of post be delivered as the case may be:

Provided that in lieu of twenty-one days some other period (not being less than twenty-one days) may be prescribed-

(i)

in any particular case by the court; or

(ii)

generally or in any particular classes of case by the rules.

(2) No application under this Act shall be heard until after the date or the last of the dates (as the case may be) specified in any notices under this Act as being the last date for filing claims:

Provided that if, after the hearing of an application has commenced, the court directs any further notices to be given under section 11 hereof, the court shall thereupon adjourn the hearing but may resume and complete it at any time after the last date for filing claims stated in such further notices.

(3) Any person having any adverse claim not recognised by the petition shall make his claim in the manner prescribed by this section before the last date or the latest of the last dates (as the case may be) prescribed by this section:

Provided that if any such person fails so to do but makes his claim in the manner prescribed by this section at any time before a certificate of title under this Act has been issued, the court-

(a)

shall disregard and summarily dismiss any such claim which appears to be unmeritorious and not made in good faith, but

(b)

shall duly consider any other such claim but shall impose upon the adverse claimant such terms (if any) as to costs, security for costs or otherwise as the court thinks fit.

(4) Any adverse claim under this Act shall be made by the adverse claimant filing and serving on the petitioner or his attorney a statement of claim in Form 3 of the Second Schedule verified by an affidavit to be filed therewith.

(5) At any time before the final determination of any application under this Act, an adverse claimant may, subject to such order (if any) as to costs and otherwise as the court may think fit, withdraw his adverse claim.

13. (1) Upon filing a petition under this part of this Act the petitioner shall apply to the court ex parte for directions.

Directions by court.

(2) Upon the hearing of any such application and upon any adjournment thereof the court shall-

(a)

consider the extent to which any further documents or evidence are required in order to comply with section 4 of this Act and give any necessary directions in connection therewith;

(b)

consider all matters connected with any notices and further notices under sections 10 and 11 of this Act and give any necessary directions in connection therewith; and

(c)

consider such further matters (if any) as may be prescribed by the rules.

(3) At any time, upon the application of any party or upon its own motion, the court may give such directions or further directions as to the procedure upon any petition or adverse claim as to the court may seem proper and consistent with this Act and the rules.

14. (1) On the hearing of any application under this Act the court-

Procedure and evidence.

(a)

shall receive and may act upon any evidence that is admissible by the court in matters of title; and

(b)

may receive and give such weight as it thinks fit to any other evidence which the court considers to have any probative value notwithstanding that such evidence would not otherwise be admissible in a court of law.

(2) Subject to any directions by the court it shall not be necessary on the hearing of any such application-

(a)

to deduce title for a period longer than that mentioned in subsection (4) of section 3 of the Conveyancing and Law of Property Act;

(b)

to adduce any evidence which by the Conveyancing and Law of Property Act is dispensed with as between vendor and purchaser; or

(c)

to produce or account for the originals of any recorded deeds, documents or instruments.

(3) If on the hearing of any such application it appears to the court in all the circumstances of the case to be just and reasonable so to do, the court may infer from the proof or inference of possession of any land by any person for a period which together with any period of possession of that land by any predecessor in title of his amounts to a continuous period of at least thirty years that the rights of all other persons (if any) who might claim that the land or any interest therein by any superior title have been extinguished under the Limitations Acts notwithstanding that it has not been established whether there is any such other person or what title to or interest in that land he may have.

(4) Any evidence given on the hearing of any such application may be given by affidavit or orally or in such other manner or form as the court may direct.

(5) If upon the hearing of any such application the court considers that there is insufficient evidence before the court to determine the application or any adverse claim but that there is a reasonable likelihood of further evidence being adduced if the hearing of the application is adjourned for a reasonable period, the court may adjourn the application accordingly upon such terms as to the court may seem just.

15. (1) At any time after an application under this Act has been made, the court may refer to a referee appointed by the court-

Referee.

(a)

the petition and any adverse claim generally; or

(b)

any question or questions arising under or in connection therewith.

(2) In relation to all matters referred to him such referee shall have all the powers of the court save that he shall have no power to grant a certificate of title.

(3) Upon concluding the hearing and investigation of all matters referred to him the referee shall remit such matters to the court with a report of his conclusions thereon.

(4) After affording the petitioner and any adverse claimant an opportunity of being heard upon the report, the court shall make such order (whether by way of wholly or partly adopting the report or otherwise) as to the court shall seem just and in accordance with this Act.

(5) Such fees shall be payable in respect of any such reference as the rules may prescribe.

16. (1) A petitioner who to the reasonable satisfaction of the court establishes his title to any estate or interest in any or all of the land the subject of the petition, shall be granted a certificate of title in respect of that estate or interest.

Determination.

(2) An adverse claimant who to the reasonable satisfaction of the court establishes his title to any estate or interest in any or all of the land the subject of the petition, shall, subject to the provisions of subsections (3) and (4) of this section, be granted a certificate of title in respect of that estate or interest.

(3) Before granting any certificate of title under the provisions of subsection (2) of this section the court shall determine to what extent, having regard to any notices, inspections and enquiries within subsection (3) of section 4 of this Act that have been given or made on behalf of the petitioner, it is desirable that any further notices, inspections and enquiries should be given or made on behalf of the adverse claimant and shall give directions accordingly.

(4) No certificate of title shall be granted to an adverse claimant unless-

(a)

the court has determined under subsection (3) of this section that no further notices, inspections or enquiries thereunder are requisite; or

(b)

such further notices, inspections and enquires have been duly given or made and, after considering the results thereof and any adverse claim or other representation arising therefrom, the court considers the title of the adverse claimant nevertheless to be established to its reasonable satisfaction subject to such modifications (if any) as the court thinks fit.

(5) Without prejudice to the generality of the provisions of section 3 of this Act and the other provisions thereof, the court shall have power to issue a certificate of title declaring the person to whom it is issued to be the legal and beneficial owner of the land in fee simple if he has-

(a)

established title in fee simple to a share in the land and has proved such possession thereof as under the Limitation Act would extinguish the claims of all other persons thereto;

(b)

proved such possession of the land as would extinguish the claims of all other persons thereto; or

(c)

established that he is the equitable owner of the land in fee simple and at the date of the petition was entitled to have the legal estate conveyed to him.

(6) In so far as the court does not consider any application or any adverse claim to be established to the reasonable satisfaction of the court it shall dismiss that application or adverse claim as the case may be.

(7) A separate certificate of title may be issued in respect of such separate part of any land or each separate estate or interest therein as to the court may seem just and convenient.

17. (1) Every certificate of title shall be substantially in the form of Form 4 of the Second Schedule.

Certificate of title.

(2) Every certificate of title-

(a)

shall contain a full description of the land concerned and the boundaries thereof;

(b)

shall, unless the court otherwise orders, have a plan annexed thereto showing the land concerned;

(c)

shall be under the seal of the court;

(d)

shall be signed by a judge thereof; and

(e)

shall forthwith be recorded without any further proof thereof.

(3) The Registrar of the court-

(a)

shall keep a separate index of certificates of title in a book;

(b)

shall enter in that book all certificates of title in order and shall number them accordingly; and

(c)

shall enter in that book the names of the petitioners and of any adverse claimants, and short particulars of the land, of any adverse claims and of any other matters which the court may direct or the Registrar of the court may deem desirable.

18. (1) Subject to the provisions of this Act and notwithstanding the provisions of any other Act or law, a certificate of title issued and recorded in accordance with the provisions of section 17 of this Act shall on and from the date thereof-

Effect of certificate of title.

(a)

be conclusive as to the accuracy of the contents thereof and of any plans annexed thereto and binding on the Crown and all persons whomsoever; and

(b)

be conclusive evidence that all the requirements of this Act and the rules have been complied with.

(2) Every certificate of title shall, except so far as is otherwise provided in the certificate, be presumed to be subject to-

(a)

such rights and interests (if any) as are by the certificate excepted from its operation;

(b)

all public rights (if any) including any public highways;

(c)

the right to dower (if any) of any wife of the person to whom the certificate is issued;

(d)

the rights (if any) of any person claiming through or under the person to whom the certificate is issued by virtue of any instrument duly recorded when the certificate is issued; and

(e)

the rights (if any) of any person to whom a certificate has been issued under this Act or under any other Act relating to the quieting of titles.

(3) If in the course of any proceedings under this Act any person (whether acting as principal or agent) fraudulently, knowingly and with intent to deceive-

(a)

makes or assists or joins in or is privy to the making of any material false statement or representation; or

(b)

suppresses, withholds or conceals or assists or joins in or is privy to the suppression, withholding or concealing from the court of any material document, fact, matter or information,

then any certificate of title obtained by means thereof shall be null and void except as against a bona fide purchaser for value of any interest in the land concerned without notice thereof.

(4) Subject to any direction by the court, any document purporting to be a copy of a certificate of title signed and certified as a true copy by or on behalf of the Registrar-General or Assistant Registrar-General shall be admissible evidence of the certificate of title for all purposes-

(a)

without producing any further evidence of such certificate of title; and

(b)

without accounting for the failure to produce the certificate of title.

19. (1) At any stage of any proceedings under this Act, the court may order security for costs to be given by any petitioner or adverse claimant.

Costs.

(2) The court may order the costs of any proceedings under this Act to be paid by or to any party thereto.

20. (1) There shall be established a compensation fund (hereafter called "the Fund") under this Act.

Compensation fund.

(2) The Fund shall be under the supervision and control of the Minister of Finance (hereafter in this section and in section 21 of this Act referred to as "the Minister") and the assets of the Fund shall be invested in such names and in such manner as he shall from time to time direct.

(3) There shall be paid into the Fund-

(a)

such part of the fees payable on any application under this Act as the rules shall from time to time prescribe; and

(b)

such other moneys (if any) as the Minister shall from time to time direct.

(4) For the purposes of making provision for any possible claims against the Fund it shall be lawful for the Minister to apply such part of the moneys paid into the Fund as the rules for the time being specify towards the payment of such premiums upon such policies of assurance with such persons or companies (whether within or without The Bahamas) and upon such terms as the Minister shall think fit.

21. (1) If any person claims that he has been damnified by the granting of a certificate of title under this Act or any other Act relating to the quieting of titles in The Bahamas he may claim compensation out of the Fund in accordance with this Act by presenting a petition to the court to which the Attorney-General shall be made a respondent; and the procedure in respect thereof shall be such as may be prescribed by the rules.

Claims for compensation.

(2) If any such claimant establishes to the satisfaction of the court-

(a)

that immediately prior to the granting of the certificate of title the claimant was entitled to some estate or interest in the land the subject of the certificate;

(b)

that the certificate has barred or diminished the value of that estate or interest; and

(c)

that he had not actual notice of the proceedings leading to the grant of the certificate,

then that claimant shall be entitled to compensation out of the Fund in accordance with this Act in respect of the loss caused to him by the granting of the certificate.

(3) All compensation shall be determined in relation to the value of such claimant's estate or interest in the land at the date when the certificate of title was issued and no claimant shall be entitled to compensation in excess of that value.

(4) No compensation shall be payable to any person who has caused or substantially contributed to the loss by his fraud or derives title (otherwise than under a disposition for value to a purchaser without notice of any such fraud) from a person so committing fraud.

(5) If any claim for compensation out of the Fund under this section succeeds then the Attorney-General on behalf of the persons in whom the Fund is for the time being vested shall have a right of action for indemnity against the person to whom the certificate of title in respect of which the claim was made was granted; but it shall be a defence to any such action for indemnity if that person establishes to the reasonable satisfaction of the court that in his application for the certificate of title he was guilty of no wilful default or culpable non-disclosure by reason whereof the rights of the person entitled to compensation were not disclosed to the court in the proceedings in which the certificate of title was granted.

(6) If at any time it appears to the Minister that there is or is likely to be a deficiency in the Fund, he shall, forthwith transmit a report relating thereto to the President of the Senate and the Speaker of the House of Assembly who shall thereupon lay the report before the Senate and the House of Assembly respectively for such action as to them shall seem meet.

PART III
CERTIFICATES OF FACTS

22. (1) Any person domiciled in or claiming land in The Bahamas may apply to the court to have any of the facts to which this section applies investigated and declared by a certificate of facts in accordance with the provisions of this Act.

Investigation of facts affecting a title.

(2) The facts to which this section applies are any of the following facts which affect or may affect a title to any estate or interest in land, namely-

(a)

that the petitioner is the legitimate or the legitimated child of his parents;

(b)

that the marriage of the petitioner's father and mother or of either of his grandfathers and grandmothers was valid;

(c)

that the petitioner's marriage or divorce was valid; or

(d)

that the petitioner is the heir or one of the heirs of any deceased person.

23. (1) Every application under section 22 of this Act shall be made by petition to the court.

Procedure.

(2) Every such petition shall be substantially in accordance with Form 2 of the Second Schedule.

(3) Except in so far as the court dispenses therewith either wholly or in part every petition shall be supported by an affidavit by the petitioner-

(a)

verifying the statements in the petition;

(b)

stating whether or not to his knowledge his claim is disputed or questioned by any other person and, if it is, setting forth briefly the facts relating to such dispute or question; and

(c)

stating that he is not aware of any dispute or question as to his claim otherwise (where appropriate) than is set forth in the affidavit.

(4) Upon filing a petition under this Part of this Act the petitioner shall apply to the court ex parte for directions.

(5) Upon the hearing of any such application or upon any adjournment thereof the court shall consider the extent to which the procedure laid down in Part II of this Act is appropriate to the case and shall give directions for the conduct of the application accordingly with such modifications in that procedure as may be requisite to the nature of the case and the provisions of this Part of this Act.

(6) Any certificate of facts-

(a)

shall be substantially in the form of Form 5 of the Second Schedule;

(b)

shall be under the seal of the court;

(c)

shall be signed by a judge thereof; and

(d)

shall forthwith be recorded without any further proof thereof.

(7) In relation to the truth of the facts declared in any certificate of facts the certificate shall when recorded-

(a)

be conclusive in favour of the petitioner and all persons claiming by, from, through or under him against the Crown and all persons whomsoever; and

(b)

be prima facie evidence in favour of all other persons as against the Crown and all persons whomsoever.

(8) Subsection (4) of section 18 of this Act shall apply to all certificates of facts under this Part of this Act as it applies to certificates of title under Part II thereof.

PART IV
GENERAL

24. (1) If any person who otherwise might have made any application or claim, given any consent, done any act or been party to any proceedings under this Act is an infant, a lunatic or a person of unsound mind, the guardian of the infant or the receiver of the lunatic or person of unsound mind may make such application or claim, give such consent, do such act and be party to such proceedings as that person might have done had he not been under disability, and shall otherwise represent that person for the purposes of this Act.

Disabilities.

(2) If in the case of any such person there is no guardian or receiver, as the case may be, the court may on the application of any person appoint any suitable person to exercise all the powers of a guardian or receiver for the purposes of this Act.

25. (1) In the case of a company any director thereof or any attorney acting therefor-

Corporations and co-owners.

(a)

may sign on behalf of the company any petition, application, claim, or instrument required under this Act; and

(b)

may swear any affidavit required under this Act.

(2) Subsection (1) of this section shall apply to other corporations as it applies to companies and if any company or other corporation has no directors, the powers conferred by that subsection upon directors shall be exercisable by any officers of the company or other corporation exercising like functions.

(3) In the case of two or more persons claiming to be entitled to any interest in land as joint tenants or tenants in common, any one of them may, if duly authorised by one or more of the others of them, and subject to any directions of the court-

(a)

sign on behalf of himself and the other or others so authorising him any petition, application, claim or instrument required under this Act; and

(b)

swear any affidavit required under this Act.

26. (1) No petition, affidavit, order, certificate, recording or other proceedings under this Act shall be invalid by reason of any technical irregularity or informality therein or of any mistake not affecting the substantial justice of the proceedings.

Irregularities and abatement.

(2) No proceedings under this Act shall abate or be suspended by reason of any death, winding up, transmission or change of interest of any party thereto; but any party becoming aware of any such event shall forthwith issue a summons in connection therewith (unless such a summons has already been issued by some other party) and on the hearing thereof the Court shall make such order and give such directions as may seem just for carrying on, suspending or discontinuing such proceedings or for giving notice to any persons who are or might become interested.

27. (1) It shall not be a valid objection to any petition under this Act that the petitioner could or should have proceeded by way of bringing an action.

Actions and orders for possession.

(2) If upon the determination of a petition it appears to the court that any party is entitled to possession of the land to which the petition relates or any part of it, the court may grant to that party an order against any other party for the delivery of possession of that land or part.

28. (1) Subject to-

Practice.

(a)

the provisions of this Act;

(b)

the provisions of the rules; and

(c)

any order of the court,

the practice and procedure under the Supreme Court Act and the rules made thereunder shall apply to proceedings under this Act.

(2) When in doing any act required or authorised to be done under this Act or the rules any person has failed to comply with any requirement under this Act or the rules as to the time at which or within which such act should be done, then, if on the application of any party the court is satisfied-

(a)

that such failure to comply was due to accident, inadvertence or mistake;

(b)

that no person has been or is likely to be materially prejudiced or injured thereby; and

(c)

that in all the circumstances it is just and equitable to grant relief in respect of such failure to comply,

the court shall, subject to such order as to costs or otherwise as the court may think fit, direct that such act shall be deemed to have been validly done notwithstanding such failure to comply, and thereupon such act shall be deemed to have been validly done accordingly.

29. (1) The Rules Committee constituted under section 75 of the Supreme Court Act shall make rules for all of the purposes for which this Act provides that rules may be made and in particular may make rules-

Rules.

(a)

for regulating references to a referee under section 15 of this Act and for prescribing the fees to be paid in respect thereof;

(b)

for regulating the practice and procedure under this Act; and

(c)

fixing the fees of court for proceedings under this Act.

(2) Where any rule relates to the Fund or to the functions of the Department of Lands and Surveys, the Registrar-General or any Department or Office other than the court, the Rules Committee shall before making, amending or revoking that rule consult the appropriate Minister.

30. (1) The Quieting Titles Act is repealed.

Repeal and consequential.

(2) Notwithstanding the repeal of the said Act and of theQuieting Titles Act,1958 any certificates issued thereunder shall continue to have full force and effect in accordance therewith; and in relation to any such certificates of title the provisions of the First Schedule shall have effect.

(3) If, when this Act comes into operation, any application to the court under the Quieting Titles Act repealed by this Act has been made but has not been determined it shall be dealt with as is hereafter in this section provided.

(4) If-

(a)

within six months after this Act comes into operation or such further time as may be allowed by the court in any case; and

(b)

before proceeding further with an application to which subsection (3) of this section applies,

the applicant applies to the court for an order that this subsection shall apply to the proceedings and the court, having regard to the stage which the proceedings have reached and the nature of the case, considers it proper to make such an order then subject to-

(i)

payment of such further fees of court as may with the fees of court already paid in respect of that application amount to the fees of court which would have been payable had the application been made under this Act; and

(ii)

such directions as the court may give in order to cause the application to comply with such of the requirements of this Act as the court considers to be appropriate to the case,

the court shall order that this subsection shall apply to the proceedings and that subject to such modifications (if any) as the court may direct the application shall proceed as if it were an application made under this Act; and the application shall proceed, and any certificate granted in any such proceedings shall take effect accordingly.

(5) Subject to subsection (4) of this section and notwithstanding subsection (1) of this section all applications to which subsection (3) of this section applies shall proceed and be determined as if the Quieting Titles Act repealed by this Act and the rules made thereunder still had full force and effect; and any certificate granted in any such proceedings shall take effect accordingly.

31. This Act shall bind the Crown.

Application to Crown.

FIRST SCHEDULE (Section 30(2))

CONFIRMATORY CERTIFICATE OF TITLE

1. This Schedule shall apply only to land in respect of which a certificate of title has been issued under the Quieting Titles Act, 1958 or the Quieting Titles Act (Chapter 133 of the 1965 Revision of the Laws of The Bahamas).

2. Any person who claims any estate or interest in any land to which this Schedule applies or any part of such land may at any time apply by petition to the court for a confirmatory certificate of title.

3. Every such petition shall be substantially in accordance with Form 6 of the Second Schedule.

4. Every such petition shall be supported by-

(a)

a certified copy of all certificates of title (whether granted under this Act or under either of the Acts mentioned in paragraph 1 of this Schedule) which relate to the land;

(b)

a concise statement signed by the petitioner or his attorney of all facts relating to any dealings with the land or any interest therein and to the possession and use thereof since the grant of any such certificate of title; and

(c)

evidence by affidavit or otherwise supporting any such facts.

5. As soon as may be after complying with paragraph 4 of this Schedule the petitioner shall apply to the court ex parte for directions.

6. Upon the hearing of any such application and upon any adjournment thereof the court shall consider in the circumstances of the application-

(a)

the extent (if any) to which it is appropriate that the applicant should be exempted from the requirements of sections 5 to 11 (inclusive) of this Act; and

(b)

what modifications (if any) to the procedure laid down by Part II of this Act are appropriate,

and shall give directions accordingly.

7. Subject to any directions by the court relating to procedure, the provisions of this Act shall apply in relation to all confirmatory certificates of title to be issued under this Schedule as they apply to certificates of title issued under Part II of this Act subject only to such modifications as may be required by the provisions of this Act, by the rules and by the nature of the case.

8. Every confirmatory certificate of title shall be substantially in the Form 7 of the Second Schedule and upon being duly issued and recorded shall take effect under section 18 of this Act as if it were a certificate of title thereunder.

9. The rules may make separate provision for applications for confirmatory certificates of title and in particular may provide for the payment of fees on such applications which will be less in amount than those payable on applications for certificates of title.

SECOND SCHEDULE

FORMS

FORM 1 (Section 4(2))

PETITION TO QUIET TITLE

IN THE SUPREME COURT OF THE BAHAMA ISLANDS

Equity Side		19........ No........
In the matter of the Quieting Titles Act, And In the matter of (short description of land)
To the Honourable the Justices of the Supreme Court of The Bahamas ................................
The petition of................................................................................... of ..........................
Sheweth:
1. That your petitioner is (owner in fee simple absolute in possession or as the case may be) of the land hereinafter described.
2. That the land the subject of this petition is (naming the island the district (if any), the locality (if any), any neighbouring roads or other physical features and any adjoining owners, stating the approximate area of the land and describing the boundaries thereof).
3. That your petitioner is aware of no charge, incumbrance (including any dower or right to dower) or adverse claim to or in respect of the said land other than (add in a numbered list particulars of any such charge, incumbrance or adverse claim together with the names and addresses of all persons claiming to be entitled thereto).
Your petitioner therefor prays that his title to the land may be investigated, determined and declared and that a certificate of title be issued in respect thereof in accordance with the Quieting Titles Act.
Dated this ............................ day of ................................. 19 .......
	A.B.
	or
	C.D., Attorney for A.B.

FORM 2 (Section 23(2))

PETITION TO ESTABLISH FACTS

IN THE SUPREME COURT OF THE BAHAMA ISLANDS

Equity Side		19........ No. ........
In the matter of the Quieting Titles Act, And In the matter of (short description of land)
To the Honourable the Justices of the Supreme Court of The Bahamas
The petition of................................................................................... of .........................
Sheweth:
1. That your petitioner (is domiciled in The Bahamas) (claims land in The Bahamas).
2. That (stating the facts sought to be established and the circumstances surrounding those facts).
3. That the matters hereinbefore stated affect or may affect the following title to the following estate or interest in the following land that is to say (stating briefly the title and the estate or interest in question and describing the land as in paragraph 2 of Form 1 ).
Your petitioner therefore prays that the matters set forth herein may be investigated and that the facts found may be declared in a certificate of facts in accordance with the Quieting Titles Act.
Dated this ............................ day of ................................. 19 .......
	A.B.
	or
	C.D., Attorney for A.B.

FORM 3 (Section 12(4))

ADVERSE CLAIM