CHAPTER
391
THE BAHAMAS NATIONAL TRUST |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Incorporation of Bahamas National Trust. |
General purposes of Bahamas National Trust. |
Bahamas National Trust not to divide profits
among its members. |
Constitution of Bahamas National Trust. |
|
As to liability of members. |
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Establishment of Council. |
Supply of casual vacancies in council |
Powers and proceedings of council. |
Secretary and registered office. |
Certain property of Trust to be inalienable. |
|
Power to obtain professional services. |
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Power to charge for admission to Trust property. |
Arrangements with local authorities and others. |
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Copy of Act to be registered. |
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SCHEDULES |
FIRST SCHEDULE - Regulations Governing General Meetings. |
SECOND SCHEDULE - Authorised Investments. |
CHAPTER 391 |
THE BAHAMAS
NATIONAL TRUST |
An Act to
incorporate and confer powers upon The Bahamas National Trust for Places of
Historic Interest or Natural Beauty. | 21 of 1959
49 of 1961
E.L.A.O., 1974
5 of 1987 |
[Commencement 13th
July, 1959] |
1. This Act may be cited as the Bahamas National Trust
Act. | Short title. |
2. In this Act, unless the subject or context otherwise
requires- | Interpretation. |
"the Bahamas
National Trust" means the Bahamas National Trust for Places of Historic
Interest or Natural Beauty incorporated by this Act; |
"the Trust
property" means the property held by the Bahamas National Trust for
purposes of preservation; |
"the
council" means the council of the Bahamas National Trust appointed by this
Act. |
3. From and after the passing of this Act the founder
members and the several persons who shall subscribe to or who shall hereafter
become members of the National Trust in accordance with the provisions of this
Act and their executors, administrators, successors and assigns respectively
shall be and they are hereby incorporated for the purposes hereinafter
mentioned by the name of "The Bahamas National Trust for Places of
Historic Interest or Natural Beauty" and by that name shall be a body
corporate with perpetual succession and a common seal and with power to
purchase, take, hold, deal with and dispose of lands and other property. | Incorporation of Bahamas National Trust. |
4. (1) The Bahamas National Trust shall be established
for the purposes of promoting the permanent preservation for the benefit and
enjoyment of The Bahamas of lands and tenements (including buildings) and
submarine areas of beauty or natural or historic interest and as regards lands
and submarine areas for the preservation (so far as practicable) of their
natural aspect, features, and animal, plant and marine life. | General purposes of Bahamas National Trust. |
(2) Subject to the
provisions and for the purposes of this Act the Bahamas National Trust may
acquire by purchase, gift or otherwise and may hold lands, buildings and
hereditaments and submarine areas and any rights, easements, profits or
interests therein or thereover and any other property of whatsoever nature and
may maintain and manage or assist in the maintenance and management of lands as
open spaces or wild life sanctuaries or places of public resort and recreation
and of buildings for purposes of preservation, public
recreation, resort or instruction and may maintain and manage or assist in the
maintenance and management of submarine areas as marine life sanctuaries or
places of public resort and recreation and may accept property in trust for any
public purposes and may act in any trusts for, or as trustee of, any property
devoted to public purposes and may do all acts or things and take all such
proceedings as they may deem desirable in the furtherance of the objects of the
Bahamas National Trust and they may upon or with respect to any property
belonging to them or in which they have any interest do all such things and
make all such provisions as may be beneficial for the property or desirable for
the comfort or convenience of persons resorting to or using such property and
may exercise full powers of ownership over their lands and property according
to their estate and interest therein not inconsistent with the objects for
which they are constituted including power to mortgage, loan, exchange or sell
the same (subject to the provisions of section 14 hereof) and may apply their
funds to all or any of such objects. |
(3) The Bahamas
National Trust shall publicise the existence of its amenities for the benefit
of the inhabitants of The Bahamas by any recognised media of publicity in all
or any part or parts of the world and shall likewise publicise the policy of
the Bahamas National Trust, for the conservation of the amenities of the areas
within its trusts and the regulations and bylaws in support of its said policy
and the fines and other penalties which will be incurred on infringement
thereof. |
(4) The Bahamas
National Trust shall from time to time advise the Government of The Bahamas in
matters concerned with the areas to be or become Trust property and the policy
to be pursued for the preservation thereof and the means of enforcing the same. |
(5) The Bahamas
National Trust shall by all or any recognised means raise funds for the
furtherance of the above purposes and shall apply the same in accordance with
the provisions of this Act. |
5. No dividend bonus or other profit shall at any time
be paid out of the income or property of the Bahamas National Trust to any
member of the Bahamas National Trust or to any other person. | Bahamas National Trust not to divide profits among its
members. |
6. (1) The members of the Bahamas National Trust shall
be divided into (a) founder members, (b) student members, (c) general members,
(d) contributing members, (e) supporting members, (ee) sustaining members, (f)
life members, (g) sponsor members, (h) benefactor members, (i) honorary
members, (j) local corresponding members: | Constitution of Bahamas National Trust. |
(a) The founder
members are- |
Mrs. Anne
Archbold, Nassau, Bahamas. |
Mr. Will
C. Grant, Chicago, Illinois. |
Mrs.
Robert Holt, Nassau, Bahamas. |
Mr. Samuel
H. Ordway, Jr., Conservation Foundation, New York, New York. |
Dr.
Fairfield Osborn, New York Zoological Society, New York, New York. |
Mr.
Richard Plough, Pelham, New York. |
Dr.
Carleton Ray, New York Zoological Society, New York, New York. |
Dr. John
Tee-Van, New York Zoological Society, New York, New York. |
Col. Ilia
Tolstoy, New York, New York. |
Dr. F. G.
Walton Smith, University of Miami Marine Laboratory, Miami, Florida. |
The Hon.
Godfrey W. Higgs, C.B.E., Nassau, Bahamas. |
The Hon.
K. M. Walmsley, C.M.G., O.B.E., Nassau, Bahamas. |
The Hon.
Herbert A. McKinney, Nassau, Bahamas. |
Mr. J.
Andrew McKinney, Nassau, Bahamas. |
Mr. R. H.
Symonette, Nassau, Bahamas. |
Mr.
Charles Chaplin, Nassau, Bahamas. |
Mr. Carl
Livingston, Nassau, Bahamas. |
Mr. Donald
McCarthy, Nassau, Bahamas. |
Mr. Oris
Russell, Nassau, Bahamas. |
Dr. Jack
Randall, University of Miami Marine Laboratory, Miami, Florida. |
Mr. Robert
Allen, Audubon Society. |
Mr. Daniel
Beard, U.S. National Park Service. |
Dr. Donald
Squires, American Museum of Natural History; |
(b) student
members shall be annual subscribers to the funds of the Bahamas National Trust
of five dollars or more; |
(c) general
members shall be annual subscribers to the funds of The Bahamas National Trust
of thirty dollars or more; |
(d) contributing
members shall be annual subscribers to the funds of the Bahamas National Trust
of one hundred dollars or more; |
(e) supporting
members shall be annual subscribers to the funds of the Bahamas National Trust
of four hundred dollars or more; |
(ee) sustaining
members shall be the persons who shall hereafter pay to the funds of the
Bahamas National Trust the sum of three hundred dollars; |
(f) life
members shall be the persons who shall hereafter pay to the funds of the
Bahamas National Trust the sum of one thousand four hundred dollars or such
other sum as the council may from time to time specify in that behalf; |
(g) sponsor
members shall be persons who shall hereafter pay to the funds of the Bahamas
National Trust the sum of two thousand dollars or such other sum as the council
may from time to time specify in that behalf; |
(h) benefactor
members shall be persons who shall hereafter pay to the funds of the Bahamas
National Trust the sum of four thousand dollars or such other sum as the
council may from time to time specify in that behalf; |
(i) honorary
members shall be any person or persons who shall give to the Bahamas National
Trust any property which or any part of which in the opinion of the council is
proper to be preserved for the benefit of The Bahamas or who shall give to the
Bahamas National Trust such sum of money or other property as shall appear to
the council to entitle such person or persons to be distinguished as honorary
members; |
(j) local
corresponding members shall be any persons who, without pecuniary contribution,
undertake to further the objects of the Bahamas National Trust in any parish
district or place in such manner as to the council may seem meet. |
(2) The council
shall have power from time to time to alter the amount of the subscriptions
required to qualify persons as members of the Bahamas National Trust. |
7. Every member of the Bahamas National Trust who shall
be required to pay an annual subscription shall be liable to pay the same on
the first day of January in each year: | Subscription. |
Provided that any
such member may at any time previous to the thirty-first day of December in any
year resign his membership and cease to be a member by sending his resignation
in writing to the secretary of the Bahamas National Trust but subject to such
resignation in writing every such member shall be liable for the amount of his
subscription in respect of the ensuing year. |
8. No member of the Bahamas National Trust shall be
liable for or to contribute towards the payment of the debts and liabilities of
the Bahamas National Trust beyond the amount of the annual subscription of such
member or of any contribution agreed to be given and remaining unpaid. | As to liability of members. |
9. The first general meeting of the Bahamas National
Trust shall be convened by one of the founder members to be agreed by all the
founder members and shall be held within six months after the passing of this
Act and the future general meetings shall be held once at least in every year
at such time and place as the council of the Bahamas National Trust may appoint
and the general meetings shall be called and held in accordance with the
regulations contained in the First Schedule to this Act. | General meetings. |
10. (1) The affairs of the Bahamas National Trust
shall be administered by a council to be called "the Council of the
Bahamas National Trust" consisting of a President of the council and
twenty members of whom nine shall be elected annually from among the members at
the annual general meeting of the Bahamas National Trust. | Establishment of Council. |
(2) Any of the
bodies or persons hereinafter named may appoint a member or members to the
council of the Bahamas National Trust as follows (that is to say): |
|
His Excellency, the Governor-General of
The Bahamas
|
Two members
|
|
The New York
Zoological Society
|
One member
|
|
The Rosenthal
School of Marine and Atmospheric Science
|
One member
|
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The Audubon
Society
|
One member
|
|
The
Smithsonian Institute
|
One member
|
|
The American
Museum of Natural History
|
One member
|
|
The United
States National Park Service
|
One member
|
|
The Minister
for Agriculture and Fisheries
|
Two members
|
|
The Minister
for Tourism
|
Two members
|
|
and may
remove and replace the same (or may remove without replacing the same) at any
time and of such removal or replacement shall notify the Secretary in writing
forthwith. |
(3) Any annual
general meeting of the Bahamas National Trust may determine that a member or
members of the council shall be appointed by or on behalf of some body or
persons other than those hereinbefore mentioned either by way of addition to or
by way of substitution for any one or more of the bodies or persons so
mentioned or by way of increase or reduction of the number of members appointed
by or on behalf of any of the bodies or persons so mentioned but so that the
number of appointed members shall not exceed twelve. |
(4) The council
shall be deemed fully constituted and all acts and proceedings of the council
shall be deemed valid in all respects if and so long as fifteen members shall
have been elected or appointed to the council as by this section provided. |
11. If any elected member of the council dies or
resigns the council may appoint in his place another member to be a member of
the council and any member appointed under this section shall continue a member
of the council until the next annual general meeting after his appointment and
the acts of the council shall not be deemed invalid by reasons of the death or
resignation of any member or members thereof. | Supply of casual vacancies in council. |
12. (1) The entire business of the Bahamas National
Trust shall be arranged and managed by the council who may exercise all such
powers of the Bahamas National Trust as are not exercisable only by the Bahamas
National Trust in general meeting and no regulation made or resolution passed
by the Bahamas National Trust in general meeting shall invalidate any prior act
of the council which would have been valid if such regulation had not been made
or passed. | Powers and proceedings of council. |
(2) The council
shall have power to make such regulations as to the procedure of the council
(including the quorum required at their meetings) and for the conduct of the
business and affairs of the Bahamas National Trust and for the despatch of
business at meetings as the council may deem necessary provided that such
regulations do not contravene any of the provisions of this Act. |
(3) The council
may elect a President and a Deputy President for such periods as they may from
time to time fix by their regulations and may appoint such officers and
servants as they may from time to time think desirable and fix their salaries
and wages and the conditions of service, including the provisions of pensions
on retirement, and determine their respective duties and the tenure of their
offices, and take out insurance on their account or their behalf. |
(4) The council
may also elect any number of honorary vice-presidents but the persons so
elected shall not by reason only of such election be members of the council. |
(5) The council
may exercise the powers of borrowing which are by this Act conferred on the
Bahamas National Trust. |
(6) The council
shall appoint from their own number an executive committee and may add to any
such committee for such length of time and with such powers of voting or
otherwise, as the council may think fit, any member of the Bahamas National
Trust or other person whose aid they judge useful, to forward the objects of
the Bahamas National Trust and such committee shall exercise and enjoy all the
powers conferred upon the council by this Act except the power of electing a
President and a Deputy-President and except any other power which the council
expressly withhold from the committee. But the council may impose conditions
and limitations as to the exercise of any of the powers enjoyed by the
committee. |
(7) The council
may also appoint from their own number any committee for any special purpose
and may add to any such committee for such length of time and with such powers
of voting or otherwise as the council may think fit any member of the Bahamas
National Trust or other person whose aid they judge useful to forward the
objects of the Bahamas National Trust. |
(8) The executive
committee shall have power of appointing sub-committees for special purposes
similar in all respects to the powers hereby conferred upon the council of
appointing committees for special purposes. The executive committee may also
appoint a chairman to hold office during such period as the committee may
specify and may make such regulations as to the procedure of the committee as
the council are hereby empowered to make as to the procedure of the council. |
(9) No act or
proceeding of the council, the executive committee or of any committee or
sub-committee shall be questioned on account of there being at the time of such
act or proceeding any vacancy or vacancies in the council executive committee
or in any committee or sub-committee. |
(10) No defect in
the qualification or election of any person or persons acting as member or
members of the council, the executive committee or of any committee or
sub-committee shall be deemed to invalidate any proceedings of such council,
executive committee or of any committee or sub-committee in which he or they
has or have taken part in cases where the majority of members parties to such
proceedings are fully entitled to act. |
(11) The council,
the executive committee and all committees and sub-committees appointed as
aforesaid shall cause minutes to be made of all proceedings at any meeting
thereof respectively and the council shall at all times cause to be kept
minutes of the meetings of the Bahamas National Trust and a register of the
members of the Bahamas National Trust with their respective last-known places
of abode. |
(12) Any minute
made of proceedings at a meeting of the Bahamas National Trust, the council,
the executive committee or of any committee or sub-committee respectively, if
signed either at the meeting at which such proceedings took place or at the
next ensuing meeting by any person purporting for the time being to be the
President of the council or the chairman of the executive committee or
committee or sub-committee, as the case may be, shall be receivable in evidence
of such proceedings in all legal proceedings without further proof and until
the contrary is proved every meeting of the council, the executive committee or
of any committee or sub-committee shall be deemed to have been duly convened
and held and all the members thereof to have been duly qualified. |
(13) Any
instrument which, if made by private persons, would be required to be under
seal shall be under the seal of the Bahamas National Trust. Any notice issued
by or on behalf of the Bahamas National Trust shall be deemed to be duly
executed if signed by the President, the Deputy-President or the Secretary but
subject as aforesaid any appointment made by the Bahamas National Trust and any
contract, order or other document made by, or proceeding from, the Bahamas
National Trust shall be deemed to be duly executed either if sealed with the
seal of the Bahamas National Trust or signed by two or more members of the
council authorised to sign by a resolution of the council or executive
committee but it shall not be necessary in any legal proceedings to prove that
the members of the council signing any such order or other document were
authorised to sign and such authority shall be presumed until the contrary is
proved. |
13. (1) The Secretary shall be appointed by the
council for such term at such remuneration and upon such conditions as the
council may think fit; and any Secretary so appointed may be removed by the
council, but without prejudice to any claim he may have for damages for breach
of any contract of service between him and the Bahamas National Trust. | Secretary and registered office. |
(2) The first
registered office of the Bahamas National Trust shall be at "Sandringham
House", Shirley Street, Nassau, Bahamas. |
(3) The Secretary
shall file with the Registrar General for The Bahamas notice of change of
registered address of the Bahamas National Trust within fifteen days of any
change therein and failure to file such notification shall
render the Bahamas National Trust liable to a penalty of four dollars per day
for every day during which it shall be in default as above at the suit of the
Registrar General aforesaid or of any person justly aggrieved thereby. Every
penalty under this section shall be recoverable on summary conviction. |
(4) The proper
address for service of notices upon the Bahamas National Trust shall be its
registered address for the time being and any notice shall be addressed to
"The Secretary, The Bahamas National Trust" and left at or sent by
prepaid registered post to its registered office. |
14. Whenever after the passing of this Act any lands
or tenements (including buildings) or submarine areas shall become vested in
the Bahamas National Trust the council may by resolution determine that such
lands or tenements or submarine areas or such portions thereof as may be
specified in such resolution are proper to be held for the benefit of The
Bahamas and such lands or buildings or submarine areas shall thereupon be so
held by the Bahamas National Trust and shall be inalienable. | Certain property of Trust to be inalienable. |
15. The Bahamas National Trust may raise money by
borrowing unsecured by the issue of loan stock or otherwise or secured by
debentures giving a floating charge or fixed charges over all or any of its
property (not being property specified in any such resolution of the council as
proper to be held for the benefit of The Bahamas) and by way of specific
mortgage thereof and by charging or appropriating as security for money
borrowed the rents, profits or income derivable from any of the lands and
properties of the Bahamas National Trust including the rents, profits and
income arising from any property held for the benefit of The Bahamas. | Power to raise money. |
16. The Bahamas National Trust may retain the services
of lawyers, accountants, scientists, seamen, airmen, divers, gardeners, pest
control experts and all manner of other professional men, experts and business
men and may pay their reasonable fees and charges for the same. | Power to obtain professional services. |
17. The mortgagees of the Bahamas National Trust
(other than mortgagees of specific properties with a power of foreclosure and
sale) may enforce payment of arrears of interest or principal or principal and
interest due on their mortgages by the appointment of a receiver. In order to authorise
the appointment of a receiver in respect of arrears of the principal amount
owing to the mortgagees by whom the application for a receiver is made the
amount due shall not be less than four thousand
dollars in the whole. | Appointment of receiver. |
18. Proper accounts shall be kept of all sums of money
received and expended by the Bahamas National Trust and of the matters in
respect of which such receipt and expenditure take place and of the property
credits and liabilities of the Bahamas National Trust and subject to any
reasonable restrictions as to the time and manner of inspecting the same that
may be imposed in accordance with the regulations for the time being of the
Bahamas National Trust, such accounts shall be open at all reasonable times to
the inspection of the members. | Accounts. |
19. Once at least in every year the accounts of the
Bahamas National Trust shall be examined and audited by an auditor or auditors
being a chartered accountant or a certified public accountant and such auditor
or auditors shall be elected annually at the annual general meeting and any
previously elected auditor or auditors shall be eligible for re-election. | Audit. |
20. The council shall apply all money received by the
Bahamas National Trust under this Act, except money borrowed and money received
from the sale of lands or other moneys received on capital account, as follows
(that is to say)- | Application of revenue. |
(a) firstly, in
payment of the working and establishment expenses of the Bahamas National Trust
and the cost of management, maintenance, upkeep and improvement of the Trust
property; and |
(b) secondly,
in payment of the interest on moneys borrowed under the powers of this Act and
of the instalments (if any) of principal money so borrowed, |
and the
balance, if any, shall be applied in furthering the objects for which the
Bahamas National Trust is established in such manner as the council may from
time to time direct and may, if the council see fit, be invested in manner
provided or in all or any of the securities listed in the
Second Schedule to this Act. |
21. All moneys received by the Bahamas National Trust
on capital account shall, subject to any conditions attached to any gift, be
applicable in or towards the repayment of moneys borrowed or otherwise in
furthering the objects for which the Bahamas National Trust is established. | Capital. |
22. The Bahamas National Trust may make such
reasonable charges for the admission of the public to any of the property of
the Bahamas National Trust or any part or parts thereof or for the use by the
public of any such property as it may from time to time determine. | Power to charge for admission to Trust property. |
23. The Bahamas National Trust may act in concert with
and make any arrangements and agreements with any local authority now or
hereafter constituted or with any residents or committee of residents in the
neighbourhood of any land or property of the Bahamas National Trust or with any
other person for giving effect to the objects of this Act. | Arrangements with local authorities and others. |
24. Without
prejudice to- | Bylaws. |
(i) the
prerogative or right of the Crown in respect of any lands, submarine areas or
property, |
(ii) any
rights vested in the Government of The Bahamas or any licensee or lessee under
provisions of the Petroleum
Act, in respect of any lands, submarine areas or property, |
(iii) the
rights of the public to use the waters over any submarine areas for the
movement of vessels and boats of all kinds, |
(iv) the rights
of the public in respect of the landing and taking off of aircraft on or from
waters over any submarine areas, |
the Bahamas
National Trust may make, revoke or alter bylaws generally for the prevention of
nuisances and preservation of order upon or within any lands, submarine areas
or property of the Bahamas National Trust held for the benefit of The Bahamas,
and, in particular, may make, revoke or alter bylaws for all or any of the
following purposes (that is to say)- |
(a) for
prohibiting any person without lawful authority from digging, cutting or taking
gravel, stone, sand, clay, soil, mineral or other substance on or from such
lands or property and from cutting, felling or injuring any tree, scrub,
brushwood or other plant growing thereon and from cutting, injuring or removing
any marine plant or growth or any minerals or mineral ores from submarine
areas; |
(b) for prohibiting
or regulating the lighting of any fire on such lands or property; |
(c) for
prohibiting or regulating the firing or discharge of explosives, firearms and
harpoon guns or the throwing or discharge of missiles or the use of harpoons
and spears on such lands or property or in such submarine areas without lawful
authority; |
(d) for
prohibiting the deposit on such lands or property or in any pond or submarine
areas thereon and thereof of road-sand materials for repair of roads or wood or
any dung rubbish or other offensive matter; |
(e) for
prohibiting the injury, defacement or removal of any building structure or
other thing upon such lands or property or of piers, wharves, seats, fences,
notice boards or other things put up or maintained by the Bahamas National
Trust; |
(f) for the
prohibiting or regulating the posting or painting of bills, placards,
advertisements or notices on trees or fences or notice boards on such lands or
property; |
(g) for
prohibiting any person without lawful authority from hunting, setting traps or
nets or liming trees or laying snares for birds, fishes or other animals,
taking birds' eggs or nests and shooting, driving or chasing game or other
animals on such lands or property; |
(h) for
prohibiting or regulating the drawing or propelling upon such lands or property
without lawful authority of any carriage, cart, caravan, truck, motor car,
cycle, boat or other vehicle or vessel or aircraft and the erecting or
permitting to remain on such lands or property without the consent of the Bahamas
National Trust or other lawful authority any building, shed, tent, fence, post,
railing or other structure whether used in connection with the playing of games
or not and for authorising an officer of the Bahamas National Trust to remove
therefrom any vehicle or vessel drawn or propelled thereon and any tent or
structure erected thereon in contravention of the bylaws and for prescribing
any roads other than public roads upon which motor cars and cycles may be used; |
(i) for
prohibiting or regulating the placing on such lands or property of any show,
exhibition, swing, roundabout or other like thing and for authorising an
officer of the Bahamas National Trust to remove from such lands or property
anything placed thereon in contravention of the bylaws; |
(j) for
regulating games to be played and other means of recreation to be exercised on
such lands or property and assemblages of persons thereon; |
(k) for
regulating the use of any portion of such lands or property temporarily closed
or set apart under this Act for any purpose; |
(l) for
prohibiting or regulating horses being exercised or broken in on such lands
without lawful authority; |
(m) for
prohibiting any person without lawful authority from turning out or permitting
to remain on such lands any cattle, sheep or other animals and for authorising
an officer of the Bahamas National Trust to remove therefrom any cattle, sheep
or other animal being thereon in contravention of the bylaws or suffering from
disease; |
(n) generally
for prohibiting or regulating any act or thing tending to injure or disfigure
such lands or property or to interfere with the use and enjoyment thereof by
the public; |
(o) for
authorising an officer of the Bahamas National Trust after due warning to
remove or exclude from such lands or property any person who within his view
commits an offence against the bylaws made under this Act. |
(p) for
prohibiting the hindrance or obstruction of an officer of the Bahamas National
Trust in the exercise of his powers or duties under this Act or under any
bylaws made thereunder; |
(q) for the
imposition of fines not exceeding five hundred dollars and other penalties
including the
confiscation of chattels but not including imprisonment upon persons found
guilty upon summary conviction of an offence under any of the bylaws, provided
that there shall be a right of appeal from a magistrate's decision to the
Supreme Court of The Bahamas; |
(r) for
permitting the public or any specified persons or person to view and to make
copies or reproductions of or extracts from any chattel vested in the Bahamas
National Trust on such terms in all respects as may be from time to time
prescribed by the council. |
25. For the enforcement of the bylaws the Bahamas
National Trust may appoint with power to dismiss and maintain such number of
officers or wardens as the Trust deems necessary for the protection of the
Trust property and such officers and wardens shall have the power, authorities
and protection of a constable as well under the common law as under the
provisions of any Act. | Constabulary. |
26. The council shall provide for the safe custody of
the seal, which shall be used only by the authority of the council or of a committee
of the council authorised by the council in that behalf, and every instrument
to which the seal shall be affixed shall be signed by the President and shall
be counter-signed by the Deputy-President or by the Secretary. | The seal. |
27. Copies of the bylaws for the time being in force
shall be put up by the Bahamas National Trust at such places and in such manner
as the Bahamas National Trust thinks best calculated to give information to
persons resorting to such property. | Bylaws to be exhibited. |
28. All rights of common, commonable or other like
rights or rights of way in, over or affecting the Trust property shall remain
and be unaffected by the provisions of this Act and save as in this Act
expressly provided nothing contained in or done under or in pursuance of this
Act shall take away, abridge or prejudicially affect any estate vested in or
any right belonging to and previously to the passing of this Act exercisable by
any person. | Saving of rights. |
29. (1) The Bahamas National Trust shall deliver to
the Registrar General a printed copy of this Act and he shall retain and file
the same and if such copy is not so delivered within
three months from the passing of this Act the Bahamas National Trust shall
incur a penalty not exceeding eight dollars for every day after the expiration
of those three months during which the default continues and any member of the
council of the Bahamas National Trust who knowingly and wilfully authorises
such default shall incur the like penalty. Every penalty under this section
shall be recoverable summarily. | Copy of Act to be registered. |
(2) There shall be
paid to the Registrar General by the Bahamas National Trust on such copy being
filed the like fee as is for the time being payable under the
Companies Act on filing of any document other than a memorandum of association. |
30. The costs, charges and expenses of and incidental
to the preparation obtaining and passing of this Act or otherwise in relation
thereto shall be paid by the Bahamas National Trust. | Costs of Act. |
FIRST SCHEDULE (Section 9) |
REGULATIONS
GOVERNING THE CALLING AND HOLDING OF GENERAL MEETINGS OF THE BAHAMAS NATIONAL
TRUST |
1. The annual
general meetings shall be called ordinary meetings and all other general
meetings shall be called extraordinary meetings. |
2. The council at
each ordinary meeting shall lay before the meeting a report of the work done in
the preceding year. |
3. The council or
the executive committee may, whenever they think fit and the executive
committee (or in their default the council) shall upon a requisition made in writing
and signed by any thirty or more members, convene an extraordinary meeting. |
4. Any requisition
made by the members shall express the object of the meeting proposed to be
called and shall be left with the Secretary of the Bahamas National Trust. |
5. Upon the
receipt of such requisition the executive committee (or in their default the
council) shall forthwith proceed to convene a general meeting and if the
executive committee or the council do not convene the same within fourteen days
from the date of the receipt of such requisition the requisitionists may
themselves convene a meeting. |
6. A notice of
every general meeting and of the agenda shall be given to the members at such
time and in such form and manner as the council may from time to time prescribe. |
7. Notice of any
motion proposed to be made at a general meeting by any person not being a
member of the council shall be sent to the Secretary of the Bahamas National
Trust fourteen days before the general meeting. Such notice shall be signed by
the proposer and two seconders being members of the Bahamas National Trust and
no motion made by any member other than a member of the council shall be
entertained by a general meeting unless notice thereof has been given as
aforesaid. |
8. The non-receipt
of a notice by any member shall not invalidate the proceedings of any general
meeting. |
9. Twenty members
shall form a quorum for a general meeting. |
10. If within an
hour from the time appointed for a meeting convened upon the requisition of
members a quorum be not present the meeting shall be dissolved. In any other
case the meeting may transact such business as they think necessary
notwithstanding the absence of a quorum. |
11. At every
general meeting all matters which come up for the decision of such meeting
shall be decided by a majority of votes of the members personally present and
voting by a show of hands unless a poll be demanded as hereinafter mentioned. |
12. The President
of the council or in his absence the Deputy-President or in his absence the
chairman of the executive committee shall take the chair at a general meeting. |
13. If neither the
President, the Deputy-President or the chairman of the executive committee be
present the meeting shall elect a chairman. The chairman shall, in case the
votes at any general meeting or in the case of a poll are equally divided, have
as well as his own vote a second or casting vote. The chairman may with the
consent of the meeting adjourn any meeting from time to time and from place to
place but no business shall be transacted at any adjourned meeting other than
the business left undisposed of at a meeting at which the adjournment took
place unless in pursuance of a notice and agenda given to the members as
hereinbefore prescribed. |
14. At a general
meeting one-third of the members of the executive committee or any twenty
members of the Bahamas National Trust may demand a poll in respect of any
resolution and on such demand being made a poll of the Bahamas National Trust shall
be taken accordingly by voting papers in such manner as the chairman may direct
and the result of the poll shall be deemed to be the decision of the general
meeting on the resolution, |
15. Every member
shall have one vote only with the exception of the chairman's casting vote. |
SECOND SCHEDULE (Section 20) |
AUTHORISED
INVESTMENTS |
1. On mortgage or
sub-mortgage of real or leasehold property in the Bahama Islands, such
leasehold property having not less than two hundred years to run and not being
subject to a reservation of rent greater than $4 a year, or to any right of or
to any condition for re-entry, except for non-payment of rent: |
Provided that the
proportion borne by the amount of the loan to the unencumbered value of the
property at the time when the loan was made does not exceed two-third parts of
the unencumbered value of the property as valued by one of the assessors
appointed and registered under the provisions of the Acquisition of Land Act: |
Provided further
that the said assessor shall recommend in his written report that the loan be
made. |
2. In any of the
parliamentary stocks or public funds or Government securities of the United
Kingdom of Great Britain and Northern Ireland or of the Dominion of Canada or
in any of the public stocks or securities of the Federal Government of the
United States of America. |
3. In any fully
paid securities whilst the same shall have a full quotation on The Stock
Exchange, London, or on the Stock Exchanges in the City of New York, New York
State, being New York Stock Exchange, The American Stock Exchange, and in
fully-paid securities the subject of over-the-counter transactions in the said
City of New York: |
Provided that not
more than five per centum of the moneys at any time invested by or on behalf of
the Bahamas National Trust shall be invested in any one of such securities: |
Provided further
that the holding of the Bahamas National Trust in any one class of securities
shall not exceed ten per centum of the issued securities of that class. |
4. A vested fee
simple estate in land and submarine areas in The Bahamas. |