CHAPTER
185
RIOTS (CLAIMS TRIBUNAL) |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Compensation to persons for damage by riot. |
Claims Tribunal constituted. |
Appointments to be published. |
Secretary and clerical assistance. |
Remuneration of Claims Tribunal. |
Powers of Claims Tribunal. |
Limitations of time for making claims. |
Appearance of Minister of Finance before Claims
Tribunal. |
Fixing of compensation by Claims Tribunal. |
Compensation where property damaged is insured. |
|
|
Claims by associations not incorporated. |
Rights of appeal to the Supreme Court. |
Restrictions upon the payment of compensation
under this Act. |
Expenses and payment of compensation. |
Power of police officer to investigate damage by
riot. |
CHAPTER 185 |
RIOTS (CLAIMS
TRIBUNAL) |
An Act to
provide compensation for losses by riot. | 28 of 1943
43 of 1964
5 of 1987
25 of 1995 |
[Commencement 21st
June, 1943] |
1. This Act may be cited as the Riots (Claims Tribunal)
Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Claims
Tribunal" means the tribunal constituted under sections 4 and 5 of this
Act; |
"damage by
riot" means damage or destruction done- |
(a) to any
house, shop or building and the theft, damage or destruction of any goods
therein; or |
(b) to any
vehicle upon a public highway, |
by any
persons riotously and tumultuously assembled together; |
"goods"
includes plant and machinery whether or not attached to the realty but does not
include money, negotiable instruments, securities, evidences of title to any
property or right, or of the discharge of any obligation or any document owned
for the purpose of a business; |
"riot"
has the meaning assigned to it by the Penal Code. |
3. Any person who has sustained loss in respect of
damage by riot shall receive compensation in accordance with the provisions of
this Act. | Compensation to persons for damage by riot. |
4. (1) Whenever there has been damage by riot in The
Bahamas, the Governor-General may, by Order appoint a Claims Tribunal
consisting of a President who shall be a member of the legal profession and two
members. | Claims Tribunal constituted. |
(2) An Order made
under this section shall specify the riot that was the occasion of the damage
in respect of which compensation is to be fixed by a Claims Tribunal appointed
by the Order and all claims for compensation under this Act arising out of
damage by such riot shall be made to the Claims Tribunal. |
(3) Unless the
Governor-General otherwise orders the appointment of a Claims Tribunal shall be
for a period not exceeding three years. |
5. All appointments and revocations of appointments of
the President and members of a Claims Tribunal shall be published in the Gazette
and shall take effect from the date of such publication. | Appointments to be published. |
6. The Claims Tribunal subject to the approval of the
Governor-General may- | Secretary and clerical assistance. |
(a) appoint a
secretary to attend the sittings of the Tribunal, to record their proceedings,
to keep their papers, summon and minute the testimony of witnesses and
generally to perform such duties as a Claims Tribunal may prescribe; and |
(b) employ such
clerical assistance as may be required. |
7. The President or any member of a Claims Tribunal not
being a public officer may receive such remuneration as the Governor-General
may prescribe not exceeding ten dollars per diem. | Remuneration of Claims Tribunal. |
8. (1) A Claims Tribunal shall have the following
powers- | Powers of Claims Tribunal. |
(a) to make,
with the concurrence of the Governor-General, rules prescribing the procedure
for notifying, presenting and hearing claims and all matters incidental thereto
and prescribing the verification of any claim and of any facts incidental
thereto by statutory declaration, production of books, vouchers and documents; |
(b) to order
persons to attend and give evidence on oath, and to produce and give discovery
and inspection of documents; |
(c) to call in
the aid of one or more assessors specially qualified, and hear any claim wholly
or partly with their assistance; |
(d) to appoint
an expert or experts to report on any matter material to the hearing of any
claim; and |
(e) to
determine, subject to the approval of the Governor-General, the remuneration,
if any, of such assessors and experts. |
(2) A Claims
Tribunal may take into consideration and receive evidence concerning any matter
which they consider relevant to the subject of the inquiry before them,
notwithstanding that the matter is not admissible in evidence under the law
relating to evidence. |
(3) A Claims
Tribunal may permit the Minister of Finance or any claimant to be represented
by counsel or other suitable person. |
9. (1) Subject to the provisions of this section claims
for compensation under this Act shall not be entertained by a Claims Tribunal
unless made within fourteen days in New Providence and one month in an Out
Island from the date of the publication of the Order appointing such Tribunal. | Limitation of time for making claims. |
(2) A Claims
Tribunal may for good cause extend the time within which a claim is made. |
10. The Minister of Finance shall receive a copy of all
claims made to a Claims Tribunal, and may appear or be represented at the
hearing and contest the claims as a defendant in an action. | Appearance of Minister of Finance before Claims
Tribunal. |
11. A Claims Tribunal shall inquire into the truth of
all claims made to them under this Act and shall, if satisfied, fix such
compensation as appears to them just, but in fixing the amount of such
compensation regard shall be had to the conduct of the person who suffers loss,
whether as respects his being a party or accessory to such riotous or
tumultuous assembly, or as regards any provocation offered to the persons
assembled or otherwise. | Fixing of compensation by Claims Tribunal. |
12. (1) Where any person who has suffered damage by
riot (in this section referred to as the insured) has received by way of
insurance or otherwise any sum to recoup him in whole or in part for such loss,
the compensation otherwise payable to him under this Act shall, if exceeding
such sum, be reduced by the amount thereof. | Compensation where property damaged is insured. |
(2) Where the
insured has been recouped otherwise than by the repayment of money, the
provisions of this section shall apply as if the value of such recoupment were
a sum paid, and the Claims Tribunal shall determine such value. |
13. (1) Where several persons are interested in the
property which has suffered damage by riot, if such persons agree in the
apportionment of the compensation, the particulars of such apportionment shall
be specified in the award, and as between such persons the award shall be
conclusive evidence of the correctness of the apportionment. | Apportionment. |
(2) Where such
persons are unable to agree on the apportionment, a Claims Tribunal shall
decide the proportions in which the persons so interested are entitled. |
14. (1) When a Claims Tribunal are not unanimous as to
the compensation to be awarded under this Act, a majority of a Claims Tribunal
may make an award. | Award. |
(2) Every award of
compensation made under this Act shall be in writing signed by the President
and members concurring therein and copies thereof certified by the President
shall be transmitted to the Minister of Finance, and a quarterly return of all
amounts so awarded shall be laid on the table of each House of Parliament. |
15. Where damage by riot is sustained by any
association or body of persons not incorporated, a Claims Tribunal may permit
the claim to be made by representatives of the association or body and such
representatives may give a valid discharge to the Treasurer for any
compensation awarded to such association or body, but such discharge shall be
without prejudice to the right of any person to recover the compensation or
part thereof from such payee. | Claims by associations not incorporated. |
16. (1) The Minister of Finance or any claimant who is
dissatisfied with the decision of a Claims Tribunal may appeal to the Supreme
Court. | Right of appeal to the Supreme Court. |
(2) The appellant
within seven days of the award shall serve notice in writing signed by the
appellant or his counsel or representative upon the Minister of Finance or the
claimant (as the case may be) and on the Claims Tribunal of his intention to
appeal and of the general grounds of his appeal. |
(3) The Claims
Tribunal shall without delay transmit to the Registrar of the Supreme Court a
copy of the award and all papers relating to the appeal. |
(4)
The appellant shall, upon serving notice of appeal as provided in subsection
(2) of this section, be entitled to a copy of any evidence taken before the
Claims Tribunal on payment for the same at the rate of five cents per folio. |
(5) The Supreme
Court upon the hearing of an appeal under this section shall, in addition to
the powers now exercised by that Court, have all the powers vested in the
Claims Tribunal under section 8 of this Act except those powers provided in
paragraph (a) of subsection (1) of that section. |
(6) Subject to the
provisions of this section the Supreme Court shall hear and determine an appeal
from a Claims Tribunal in like manner as an appeal by motion from a decision of
a magistrate; where the appeal is by the claimant, the Minister of Finance
shall be made the respondent, and where the appeal is by the Minister of
Finance the claimant shall be made the respondent. |
17. (1) Compensation awarded by a Claims Tribunal in
excess of eighty thousand dollars shall not be paid without the approval of the
House of Assembly signified by resolution thereof. | Restrictions upon the payment of compensation under
this Act. |
(2)
No compensation awarded by a Claims Tribunal shall be paid until three months
after the appointment of the Claims Tribunal making the award: |
Provided that an
amount not exceeding one-half the award may be paid if the President of the
Claims Tribunal certifies that the person to receive the same is in urgent need
of money. |
(3)
If before the expiration of three months from the appointment of a Claims
Tribunal, such Claims Tribunal is of opinion that the damage done by the riot
in respect of which the Claims Tribunal was appointed is likely to exceed sixty
thousand dollars, the President of the Claims Tribunal shall notify the
Minister of Finance and the following provisions shall apply- |
(a) no
compensation except as certified under the proviso to subsection (2) of this
section, shall be paid until the Claims Tribunal has disposed of all claims and
has so notified the Minister of Finance; |
(b) upon
receiving such notice, the Minister of Finance shall ascertain the total amount
of compensation
awarded by the Claims Tribunal and if such amount exceeds eighty thousand dollars
shall lay on the table of each House of Parliament a statement of such total
amount; |
(c) if
the House of Assembly does not approve the payment of compensation awarded by
the Claims Tribunal in excess of eighty thousand dollars, the amount awarded to
each claimant shall abate pro rata and be paid accordingly. |
18. All expenses incurred under sections 6, 7 and 8
and in the payment of compensation upon any award and generally in carrying out
the objects of this Act shall be payable out of the Consolidated Fund by
warrant in the usual manner. | Expenses and payment of compensation. |
19. (1) Whenever there has been damage by riot in The Bahamas,
the Commissioner of Police may direct any officer or member of the police force
(in this section referred to as a police officer) to investigate such damage,
and for the purpose of the investigation such a police officer may enter and
inspect any premises wherein there has been damage by riot. | Power of police officer to investigate damage by riot. |
(2) Any person
when so required by a police officer acting in the course of his duty under the
provisions of this section shall give to such officer all particulars within
his knowledge or procurement of the property damaged by riot. |