CHAPTER
270
ABUTMENTS |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Empowers proprietors of certain lots of land to
build out abutments. |
Director of Public Works to grant certificates of
abutments being properly built - right of ownership vested. |
Right of ownership conferred on persons who have
already built out abutments. |
Restriction on buildings. |
|
Minister to cause public abutments to be built
out, etc., and to have public slips filled in-power to defray all expenses. |
Abutments, slips and other public grounds placed
under supervision of the minister. |
Minister empowered to sanction the erection of
staircases. |
CHAPTER 270 |
ABUTMENTS |
An Act to
improve the Harbour of Nassau and to afford greater facilities for repairing
vessels that have sustained damage and for other purposes. | 5 of 1864
21 of 1869
14 of 1917
G.N. 7(19)/1964
E.L.A.O., 1974
5 of 1987 |
[Commencement 30th
March, 1864] |
1. This Act may be cited as the Abutments Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Minister"
means the Minister responsible for Abutments. |
3. The proprietors of the several lots of land fronting
northwardly on Bay Street, in the City of Nassau, and situate between
Parliament Street to the east, and Fleming Square to the west, shall have, and
they are hereby respectively invested with, full power and authority to build
out the abutments now lying in front of their respective lots into the Harbour
of Nassau to such an extent as will bring the northern boundary of such
abutments in a line with the northern boundary of the main public abutment. | Empowers proprietors of certain lots of land to build
out abutments. |
4. Upon the completion of any abutment under the
authority of section 3 of this Act, the same shall be inspected by the Director
of Public Works, and if that officer shall find that the same has been properly
built in the line by this Act designated, and is securely faced at the northern
extremity and at all other portions thereof which abut in any way on the
Harbour of Nassau, with blocks of stone of adequate size and quality, it shall
be the duty of such officer to grant a certificate thereof under his hand,
signed in the presence of one or more credible witness or witnesses, and upon
such certificate being recorded in the Registry of Records, the entire lot,
including as well the original portions as that extended under the provisions
of this Act, shall be and become freehold property, and shall vest as such in
the legal owner of the lot of land in front of which it is situate, with the
right in such legal owner and his heirs to alienate the same, or any part
thereof, separate and apart from the lot of land in front of which it is
situated; but the freehold right hereby granted shall be subject nevertheless
to the restrictions hereinafter by this Act imposed. | Director of Public Works to grant certificates of
abutments being properly built - right of ownership vested. |
5. Any proprietor of an abutment, situate within the
limits aforesaid, who may have, prior to the passing of this Act, built out his
abutment in the line by this Act designated, shall be entitled to the
privileges by this Act conferred on, and vested in, the proprietors of abutment
lots, on his obtaining and recording the certificate afore-said, and
thenceforth such abutment shall for all purposes be deemed and taken to be an
abutment built out under the provisions of this Act. | Right of ownership conferred on persons who have
already built out abutments. |
6. (1) The proprietor of any abutment lot who desires
to erect a building on more than one half of the southern frontage thereof
shall, before commencing to erect any such building- | Restriction on buildings. |
(a) give notice
in writing to the Minister of such intention and shall specify in such notice
the proposed extent, style of architecture and size of such building and the
materials of which it is intended to be constructed; | Notice of intended erection to be given to the
Minister. |
(b) pay into
the Treasury for payment into the Consolidated Fund, the sum of fifty dollars
per foot for every foot in excess of one half of the southern frontage of such
abutment lot. | Payment to be made to Treasury. |
(2) Upon the
payment into the Treasury under paragraph (b) of subsection (1) of this section
there shall be vested in the Minister in trust for the public a full and free
right of way of twenty-five feet in width to go, pass and repass at all times
and for all purposes with or without horses, carts, drays or carriages or other
vehicles laden or unladen along, over and upon that portion of the abutment lot
in respect of which such payment is made which fronts upon the Harbour of
Nassau, if such abutment lot has been already extended in accordance with the
provisions of this Act. | Right of way to be reserved or covenanted for. |
(3) Nothing herein
contained shall be read or construed so as to allow any person to erect any
building on any such abutment lot without having first obtained the sanction of
the Minister as to the proposed extent, style of architecture and size of such
building and the materials of which it is intended to be constructed, or to
erect a building of extent, style of architecture, size or materials different
from that sanctioned by the Minister. | The Minister to sanction material and size of
building. |
7. It shall be the duty of the owner of every abutment
extended under the authority of this Act to keep all portions thereof abutting
in any way on the harbour in a perfect state of repair to the satisfaction of
the Minister; and if any owner shall neglect to do so, it shall be lawful for
the Minister, and he is hereby required, to cause all necessary repairs from
time to time to be made, and the cost thereof shall be a charge on the abutment
in respect of which the same was incurred, and payment thereof may be enforced
either by action at law against the owner of the abutment or by warrant of
distress, to be issued and executed in the same manner as warrants of distress
for rents in arrear are issued and executed. | Repair of abutments. |
8. It shall be lawful for the Minister to cause the
several public abutments in New Providence to be built out to the extent and in
the line by this Act designated; and also to fill up the several public slips,
and to extend them as abutment lots in manner aforesaid, and from time to time
and at all times to keep the same properly faced and secured and in a complete
state of repair; and it shall be lawful for the Minister to defray all expenses
incurred under this section out of the Consolidated Fund by warrant in the
usual manner. | Minister to cause public abutments to be built out,
etc., and to have public slips filled in-power to defray all expenses. |
9. The several public abutments and slips herein-before
referred to, and all other public grounds in New Providence which are not
specially placed by some Act under other supervision, shall be and the same are
hereby placed in charge of the Minister, and the Minister shall have and he is
hereby invested with full power and authority to make rules regulating the use
of such abutments, slips and other public grounds, and to impose penalties for
the violation of such rules. | Abutments, slips and other public grounds placed under
supervision of the Minister. |
10. It shall be lawful for the Minister, and he is
hereby authorised and empowered to sanction the erection of staircases, of such
materials and proportions as the Minister may approve, alongside of the outer
walls of any building now standing, or which may hereafter be erected upon the
abutments extended under the provisions of this Act, so that no part of such
staircase shall extend into and intrude upon any public street, road or
highway. | Minister empowered to sanction the erection of
staircases. |