ARRANGEMENT OF SECTIONS

SECTION

PART I
SUBSTANTIVE LAW

PART II
JURISDICTION AND PROCEDURE

PART II
JUDGMENTS AND EXECUTION

PART IV
MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous

Supplemental

SCHEDULE - Proceedings Abolished by the Act.

CHAPTER 68
CROWN PROCEEDINGS.

[Assent 20th December, 1963]
[Commencement 7th January, 1964]

(2) In this Act, unless the context otherwise requires-

"agent", when used in relation to the Crown, includes an independent contractor employed by the Crown;

"civil proceedings" includes proceedings in the Supreme Court for the recovery of fines or penalties;

"officer", in relation to the Crown, includes the Governor-General and any servant of Her Majesty in right of Her Government of The Bahamas, and accordingly (but without prejudice to the generality of the foregoing provision) includes a Minister of the Crown in Her Government of The Bahamas;

"order" includes a judgment, decree, rule, award or declaration;

"proceedings against the Crown" includes a claim by way of set-off or counterclaim raised in proceedings by the Crown;

"statutory duty" means any duty imposed by or under any Act.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment, including this Act.

(4) Any reference in Part III or Part IV of this Act to civil proceedings by or against the Crown, or to civil proceedings to which the Crown is a party, shall be construed to include a reference to civil proceedings to which the Attorney-General, or any Government department, or any officer of the Crown as such, is a party:

Provided that the Crown shall not, for the purposes of Part III or Part IV of this Act, be deemed to be a party to any proceedings by reason only that they are brought by the Attorney-General upon the relation of some other person.

Provided that no proceedings shall lie against the Crown by virtue of paragraph (a) of this subsection in respect of any act or omission of a servant or agent of the Crown unless the act or omission would apart from the provisions of this Act have given rise to a cause of action in tort against that servant or agent or his estate.

(2) Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers, then, subject to the provisions of this Act, the Crown shall, in respect of a failure to comply with that duty, by subject to all those liabilities in tort (if any) to which it would be so subject if it were a private person of full age and capacity.

(3) Where any functions are conferred or imposed upon an officer of the Crown as such either by any rule of the common law or by statute, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Crown in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Crown.

(4) Any enactment which negatives or limits the amount of the liability of any Government department or officer of the Crown in respect of any tort committed by that department or officer shall, in the case of proceedings against the Crown under this section in respect of a tort committed by that department or officer, apply in relation to the Crown as it would have applied in relation to that department or officer if the proceedings against the Crown had been proceedings against that department or officer.

(5) No proceedings shall lie against the Crown by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him, or any responsibilities which he has in connection with the execution of judicial process.

(6) No proceedings shall lie against the Crown by virtue of this section in respect of any act, neglect or default of any officer of the Crown, unless that officer has been directly or indirectly appointed by the Crown and was at the material time paid in respect of his duties as an officer of the Crown wholly out of the revenue of The Bahamas or was at the material time holding an office in respect of which the Minister for the time being responsible for finance certifies that the holder thereof would normally be so paid.

(2) Save as expressly provided by this section no proceedings shall lie against the Crown by virtue of this Act in respect of the infringement of a patent, in respect of the infringement of a registered trade mark, or in respect of the infringement of any such copyright as is mentioned in subsection (1) of this section.

(2) Without prejudice to the general effect of section 3 of this Act, the Contributory Negligence Act (which amends the law relating to contributory negligence) shall bind the Crown.

(2) Notwithstanding the provisions of section 11 of the Post Office Act, proceedings shall lie against the Crown under this subsection in respect of loss of or damage to a registered local postal packet, not being a telegram, in so far as the loss or damage is due to any wrongful act done or any neglect or default committed by a person employed as a servant or agent of the Crown while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet:

Provided that-

For the purpose of any proceedings under this subsection, it shall be presumed, until the contrary is shown on behalf of the Crown, that the loss of or damage to the packet was due to some wrongful act done, or some neglect or default committed, by a person employed as servant or agent of the Crown while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet.

(3) No relief shall be available under subsection (2) of this section except upon a claim by the sender or the addressee of the packet in question; and the sender or addressee of the packet shall be entitled to claim any relief available under the said subsection in respect of the packet, whether or not he is the person damnified by the injury complained of, and to give a good discharge in respect of all claims in respect of the packet under the said subsection:

Provided that where the court is satisfied, upon an application by any person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to enforce their remedies in respect of the packet under the said subsection, the court may, upon such terms as to security for costs and otherwise as the court thinks just, allow that other person to bring proceedings under the said subsection in the name of the sender or the addressee of the packet.

Any reference in this subsection to the sender or addressee of the packet includes a reference to his personal representatives.

(4) Where by virtue of subsection (3) of this section any person recovers any money or property which, apart from that subsection, would have been recoverable by some other person, that money or property so recovered shall be held on trust for that person.

(5) In this section the expression-

"postal packet" has, subject as hereinafter provided, the same meaning as in the Post Office Act;

"local postal packet" means a postal packet which is posted in The Bahamas for delivery in The Bahamas, to the person to whom it is addressed;

"sender", in relation to a postal packet, has the same meaning as in the Post Office Act.

(6) Any reference in this section to a postal packet shall be construed as including a reference to the contents of such a packet.

(a)    at the time that thing is suffered by that other person, he is either on duty as a member of the Defence Force or is, though not on duty as such on any land, premises, ship, aircraft, or vehicle for the time being used for the purposes of the Defence Force; and

Provided that this subsection shall not exempt a member of the said Defence Force from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of the Defence Force.

(2) No proceedings in tort shall lie against the Crown for death or personal injury due to anything suffered by a member of the Defence Force if-

nor shall any act or omission of an officer of the Crown subject him to liability in tort for death or personal injury, in so far as the death or personal injury is due to anything suffered by a member of the Defence Force being a thing as to which the conditions aforesaid are satisfied.

(3) The Minister responsible for Defence, if satisfied that it is the fact-

may issue a certificate certifying that to be the fact; and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies.

(2) Where in any proceedings under this Act it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the Crown, the Governor-General may, if satisfied that the act or omission was necessary for any such purpose as is mentioned in the last preceding subsection, issue a certificate to the effect that the act or omission was necessary for that purpose; and the certificate shall, in those proceedings, be conclusive as to the matter so certified.

Provided that where any enactment now or at any time hereafter in force requires or permits civil proceedings to be taken in a court of a stipendiary and circuit magistrate such court shall have jurisdiction to hear and determine any such proceedings notwithstanding that the Crown is a party thereto.

(2) In this section the expression "rules of court" means, in relation to any claim against the Crown in the Supreme Court which falls within the jurisdiction of that court as a prize court, rules of court made under section 3 of the Prize Courts Act, 1894.

(2) No proceedings instituted in accordance with this Part of this Act by or against the Attorney-General shall abate or be affected by any change in the person holding the office of Attorney-General.

Provided that-

(2) The court shall not in any civil proceedings grant any injunction or make any order against an officer of the Crown if the effect of granting the injunction or making the order would be to give any relief against the Crown which could not have been obtained in proceedings against the Crown.

Provided that-

The expression "civil proceedings by or against the Crown" shall be construed accordingly.

(2) Subject to the provisions of this section, any reference in this Part of this Act to civil proceedings against the Crown shall be construed as a reference to the following proceedings only-

The expression "civil proceedings by or against the Crown" shall be construed accordingly.

(3) Notwithstanding anything in the preceding provisions of this section, the provisions of this Part of this Act shall not have effect with respect to any of the following proceedings, that is to say-

(2) Where any costs are awarded to or against the Crown in the Supreme Court, interest shall be payable upon those costs unless the court otherwise orders, and any interest so payable shall be at the same rate as that at which interest is payable upon judgment debts due from or to the Crown.

(3) The provisions of any law empowering a court to award interest on debts and damages shall apply to judgments given in proceedings by and against the Crown.

(4) This section shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter.

Provided that, if the court so directs, a separate certificate shall be issued with respect to the costs (if any) ordered to be paid to the applicant.

(2) A copy of any certificate issued under this section may be served by the person in whose favour the order is made upon the Attorney-General.

(3) If the order provides for the payment of any money by way of damages or otherwise, or of any costs, the certificate shall state the amount so payable, and the Minister responsible for finance shall, subject as hereinafter provided, cause to be paid to the person entitled or to his attorney the amount appearing by the certificate to be due to him together with the interest, if any, lawfully due thereon:

Provided that the court by which any such order as aforesaid is made or any court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the whole of any amount so payable, or any part thereof, shall be suspended, and if the certificate has not been issued may order such direction to be inserted therein.

(4) Save as aforesaid no execution or attachment or process in the nature thereof shall be issued out of the court for enforcing payment by the Crown of any such money or costs as aforesaid, and no person shall be individually liable under any order for the payment by the Crown of any such money or costs.

(5) This section shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter.

This subsection shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter.

(2) Sections 3 and 4 of the Debtors Act, (which provide respectively for the abolition of imprisonment for debt, and for saving the power of committal in case of small debts) shall apply to sums of money payable and debts due to the Crown.

(3) Nothing in this section shall affect any procedure which immediately before the commencement of this Act was available for enforcing an order made in favour of the Crown in proceedings brought by the Crown for the recovery of any fine or penalty, or the forfeiture or condemnation of any goods, or the forfeiture of any ship or any share in a ship.

Provided that no such order shall be made in respect of-

Provided that this section shall be without prejudice to any rule of law which authorises or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

(2) Any order of the court made under the powers conferred by paragraph (b) of subsection (1) shall direct by what officer of the Crown the interrogatories are to be answered.

(3) Without prejudice to the proviso to subsection (1), any rules made for the purposes of this section shall be such as to secure that the existence of a document will not be disclosed if, in the opinion of a Minister of the Crown in the Government of The Bahamas, it would be injurious to the public interest to disclose the existence thereof.

(2) Where proceedings in rem have been instituted in the Supreme Court or the court of a stipendiary and circuit magistrate against any such ship, aircraft, cargo or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or an application by the Crown to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Crown, order that the proceedings shall be treated as if they were in personam duly instituted against the Crown in accordance with the provisions of this Act, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly.

(3) Any such order may be made upon such terms, if any, as the court thinks just; and where the court makes any such order it may make such consequential orders as the court thinks expedient.

(2) Section 5 of the Debtors Act (which empowers the court in certain circumstances to order the arrest of a defendant about to quit The Bahamas) shall, with any necessary modifications, apply to civil proceedings in the Supreme Court by the Crown.

(2) Provision shall be made by rules of court with respect to the following matters-

(3) Provision may be made by rules of court for regulating any appeals to the Supreme Court, whether by way of case stated or otherwise, under any statute relating to the revenue, and any rules made under this subsection may revoke any written law or rules in force immediately before the commencement of this Act so far as they regulate any such appeals, and may make provision for any matters for which provision was made by any written law or rules so in force.

(2) Any sums payable to the Crown in right of its Government of The Bahamas by reason of the passing of this Act shall be paid into the Consolidated Fund.

(2) Except as therein otherwise expressly provided nothing in this Act shall-

(g)     affect any liability imposed upon the Public Trustee or on the Government of The Bahamas by the Public Trustee Act,

and, without prejudice to the general effect of the foregoing provisions, Part III of this Act shall not apply to the Crown except in right of its Government of The Bahamas.

(3) A certificate of the Minister responsible for National Security-

shall, for the purposes of this Act, be conclusive as to the matter so certified.

(4) Where any property vests in the Crown by virtue of any rule of law which operates independently of the acts or the intentions of the Crown, the Crown shall not by virtue of this Act be subject to any liabilities in tort by reason only of the property being so vested; but the provisions of this subsection shall be without prejudice to the liabilities of the Crown under this Act in respect of any period after the Crown or any person acting for the Crown has in fact taken possession or control of any such property, or entered into occupation thereof.

(5) This Act shall not operate to limit the discretion of the court to grant relief by way of mandamus in cases in which such relief might have been granted before the commencement of this Act, notwithstanding that by reason of the provisions of this Act some other and further remedy is available.

PROCEEDINGS ABOLISHED BY THE ACT

1. (a) Latin informations and English informations.

(b) Writs of capias and respondendum, writs of subpoena ad respondendum, and writs of appraisements.

(c) Writs of scire facias.

(d) Proceedings for the determination of any issue upon a writ of extent or of diem clausit extremum.

(e) Proceedings by or on behalf of the Crown under the Official Contracts Act (No. 18 of 1906).

2. (a) Proceedings against Her Majesty by way of petition of right, including proceedings by way of petition of right intituled in the Admiralty Division under section 52 of the Naval Prize Act 1864 (27 & 28 Vict. c. 25).

(b) Proceedings against Her Majesty by way of monstrans de droit.

(c) Proceedings in claims against the Crown under the Petition of Right Act (No. 21 of 1980).

(d) Proceedings against the Crown under the Official Contracts Act (No. 18 of 1906).