CHAPTER
4
DECLARATORY |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Common law of England with certain exceptions,
declared in force. |
Acts of Parliament in force. |
Acts of Parliament relative to prerogatives of
the Crown declared in force. |
Rule of construction of extended Statutes. |
Penalties on persons offending against extended
Statutes. |
SCHEDULE. |
CHAPTER 4 |
DECLARATORY |
An Act to
declare how much of the Laws of England are practicable within The Bahamas and
ought to be in force within the same. | 2 of 1799
26 of 1925
1 of 1957 |
[Commencement 2nd
December, 1799] |
1. This Act may be cited as the Declaratory Act. | Short title. |
2. The common law of England, in all cases where the same
hath not been altered by any of the Acts or Statutes enumerated in the Schedule
to this Act or by any Act (except so much thereof as hath relation to the
ancient feudal tenures, to outlawries in civil suits, to the wager of law or of
batail, appeals of felony, writs of attaint and ecclesiastical matters), is,
and of right ought to be, in full force within The Bahamas, as the same now is
in that part of Great Britain called England. | Common law of England, with certain exceptions,
declared in force. |
3. (1) The Acts and Statutes enumerated in the first part
of the Schedule to this Act are, and of right ought to be, in full force and
virtue within and throughout The Bahamas, as the same would be if The Bahamas
were therein expressly named, or as if the aforesaid Acts and Statutes had been
made and enacted by Parliament. | Acts of Parliament in force. |
(2)
It is hereby declared that the Acts and Statutes enumerated in the first and
second columns of the second part of the Schedule to this Act are, in
accordance with the provisions of the enactments set out in the third column of
the said second part, similarly in full force and effect throughout The
Bahamas. |
(3)
The Acts and Statutes enumerated in the said Schedule shall be construed
subject to any amendments made to them or to the said enactments by the Statute
Law Revision Act, 1925, or by any other enactment of Parliament. |
4. All and every the Acts and Statutes, and parts of Acts
and Statutes, of the Parliament of England, or of the Parliament of Great
Britain, which relate to the prerogatives of the Crown, or to the allegiance of
the people; also, such as declare the rights, liberties, and privileges of the
subject, are, and of right ought to be, of full force and virtue within The
Bahamas, as the same would be if The Bahamas were therein expressly named, or
as if the aforesaid Acts and Statutes had been made and enacted by Parliament. | Acts of Parliament relative to prerogatives of the
Crown declared in force. |
5. The several Acts and Statutes hereby declared to be in
force shall be taken, construed and executed liberally, and according to the
substantial effect and meaning of the same: And nothing herein contained shall
extend, or be construed to extend, to abridge, alter or repeal, any Act, or any
article, clause, matter or thing therein contained. | Rule of construction of extended Statutes. |
6. All persons offending against any of the Acts or
Statutes which have hereby been declared to be in force within The Bahamas,
shall suffer the same pains, penalties and forfeitures as such persons would be
liable to for such offence if committed in England; and all fines, penalties
and forfeitures imposed by any of the aforesaid Acts or Statutes shall and
lawfully may be prosecuted, sued for, imposed, recovered and levied in the
Supreme Court, or other court of corresponding jurisdiction, mutatis
mutandis, as the case may be. | Penalties on persons offending against extended
Statutes. |
SCHEDULE (Section 3) |
PART I
ACTS AND STATUTES OF THE PARLIAMENT OF ENGLAND AND OF THE PARLIAMENT OF GREAT
BRITAIN EXTENDED TO THE BAHAMAS BY 2 OF 1799 |
|
Acts and Statutes.
|
Subject
|
Chapter in
this Edition
|
|
13 Elizabeth I. c. 5
|
Fraudulent Gifts
|
149
|
|
27 Elizabeth I. c. 4
|
Fraudulent Conveyances
|
150
|
|
43 Elizabeth I. c. 8
|
Fraudulent
Administration
|
111
|
|
29 Charles II. c. 3
|
Statute of Frauds
|
154
|
|
31 Charles II. c. 2
|
Habeas Corpus
|
63
|
|
3 William & Mary
c. 14
|
Fraudulent Devises
|
118
|
|
4 William & Mary
c. 16
|
Clandestine Mortgages
|
151
|
|
10 & 11 William
III. c. 16
|
Posthumous Children
|
112
|
|
8 Anne c. 14
|
Landlord and Tenant
|
161
|
|
9 Anne c. 14
|
Gaming
|
388
|
|
4 George II. c. 28
|
Landlord and Tenant
(No. 2)
|
162
|
|
7 George II. c. 20
|
Mortgages
|
156
|
|
11 George II. c. 19
|
Distress for Rent (No.
2)
|
165
|
|
NOTE.-This Act
declared 207 Acts and Statutes in force in The Bahamas. Subsequent
legislation has reduced this number to 13. Each of these Acts and Statutes is
inserted in its appropriate title and numbered as a chapter of this Edition
as indicated above.
|
|
PART II
ACTS AND STATUTES OF THE PARLIAMENT OF ENGLAND AND OF THE PARLIAMENT OF GREAT
BRITAIN AND OF THE PARLIAMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
IRELAND EXTENDED TO THE BAHAMAS SINCE THE ENACTMENT OF THE DECLARATORY ACT 2 OF
1799 AND STILL IN FORCE |
|
Acts and Statutes.
Extended.
|
Subject
|
Extending Act.
|
Chapter in this
Edition.
|
|
2 William & Mary
Sess. 1. c. 5
|
Distress for Rent
|
10 of 1872
|
164
|
|
57 George III. c. 52
|
Deserted Tenements
|
10 of 1872
|
166
|
|
1 William IV. c. 40
|
Executors
|
23 of 1860
|
119
|
|
2 & 3 William IV.
c. 71
|
Prescription
|
9 of 1846
|
158
|
|
3 & 4 William IV.
c. 27
|
Real Properly
Limitation
|
9 of 1846
|
(Repealed)
|
|
3 & 4 William IV.
c. 42
|
Civil Procedure
|
33 of 1840
|
76
|
|
3 & 4 William IV.
c. 106
|
Inheritance
|
15 of 1844
|
(Repealed)
|
|
4 & 5 William IV.
c. 22
|
Rent Apportionment
|
10 of 1872
|
167
|
|
1 Victoria c. 26
|
Wills
|
23 of 1841
|
115
|
|
1 Victoria c. 28
|
Real Properly
Limitation
|
9 of 1846
|
(Repealed)
|
|
6 & 7 Victoria c.
96
|
Libel
|
8 of 1847
|
72
|
|
8 & 9 Victoria c.
106
|
Real Property
|
9 of 1846
|
169
|
|
13 &14 Victoria c.
28
|
Trustees Appointment
|
14 of 1903
|
174
|
|
15 & 16 Victoria
c. 24
|
Wills
|
21 of 1854
|
116
|
|
18 & 19 Victoria
c. 43
|
Infants' Settlements
|
23 of 1860
|
136
|
|
18 & 19 Victoria
c. 111
|
Bills of Lading
|
23 of 1860
|
332
|
|
19 & 20 Victoria
c. 97
|
Mercantile Law
Amendment
|
23 of 1860
|
334
|
|
22 & 23 Victoria
c. 35
|
Property and Trustees
|
23 of 1860
|
170
|
|
25 & 26 Victoria
c. 89 (Part iv)
|
Companies
|
4 of 1868
|
(Repealed)
|
|
33 & 34 Victoria
c. 35
|
Apportionment
|
10 of 1872
|
168
|
|
34 & 35 Victoria
c. 79
|
Lodgers' Goods
|
10 of 1872
|
292
|
|
37 & 38 Victoria
c. 57
|
Real Property
Limitation
|
2 of 1877
|
(Repealed)
|
|
45 & 46 Victoria
c. 61
|
Bills of Exchange
|
5 of 1892
|
335
|
|
52 & 53 Victoria
c. 49
|
Arbitration
|
20 of 1899
|
180
|
|
53 & 54 Victoria
c. 19
|
Trustees Appointment
|
14 of 1903
|
175
|
|
56 & 57 Victoria
c. 53
|
Trustees
|
20 of 1899
|
(Repealed)
|
|
NOTE: Each of these
Acts and Statutes is inserted in its appropriate title and numbered as a
chapter of this Edition as indicated above.
There
are in addition certain Acts of the United Kingdom Parliament that apply in
or may be applied to The Bahamas by virtue of their own provisions. These are
not printed in this Edition, but a reference is made to them at the end of
the Table of Statutes in the Supplementary Volume.
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