Act No. 26 of 1957
CHURCH OF ENGLAND (LANDS) |
An Act to
vest certain lands in the incorporated Trustees of the Church of England in The
Bahamas and to remove doubts as to the powers of their predecessors to acquire,
hold and dispose of lands. | 26 of 1975 |
[Commencement 15th
July, 1957] |
WHEREAS by
Letters Patent dated the Twenty-fourth day of July, 1824 His late Majesty King
George IV did erect, found, ordain, make and constitute the Island of Jamaica, the
Bahama Islands and the Settlements in the Bay of Honduras and their respective
dependencies to be a Bishop's See to be called from thenceforth "the
Bishopric of Jamaica": |
AND WHEREAS by
Letters Patent dated the fourth day of November, 1862 Her late Majesty Queen
Victoria constituted and erected the Church of Christ Church to be a Cathedral
Church and Bishop's See and ordained that the whole Town of Nassau should
thenceforth be a City and be called "the City of Nassau" and did make,
ordain, establish and constitute the said City and the Bahamas or Bahama Islands
with their dependencies and also Turk's Island and the Caicos Island to be a
separate and distinct diocese to be thenceforth called "the Diocese of
Nassau" and did ordain and declare that the said Cathedral Church of
Christ Church should be the Cathedral Church and Episcopal See and that the
said Diocese of Nassau should be the Diocese of the Bishop of Nassau by those
Letters Patent nominated and appointed and of his successors: |
AND WHEREAS the
said Letters Patent dated the Fourth day of November, 1862 constituted the
Bishop of Nassau a Body Corporate with perpetual succession called and known by
the name or title of "the Lord Bishop of Nassau" with power to
purchase and hold lands: |
AND WHEREAS by an
Act of the Legislature of the Thirty-second year of the reign of Her late
Majesty Queen Victoria, chapter Twenty-seven, entitled "The
Disestablishment Act 1869" it was provided that the Bishop of the Diocese
of Nassau for the time being, the incumbent of Christ Church, Saint Matthew and
Saint John, for the time being, together with five laymen, being members of the
United Church of England and Ireland, should be a Board of Commissioners, under
the style of "The Commissioners of the Church of England in the Bahamas"
and that the legal estate in all churches and chapels in the Bahama Islands
dedicated or held to the use of the said United Church of England and Ireland
should vest in the Commissioners: |
AND WHEREAS by an
Act of the Legislature of the Thirty-eighth year of the reign of Her late
Majesty Queen Victoria, chapter Thirty-two, entitled the Church of England
Synods Act, 1875, the Bishop, clergy and laity of the Church of England were
authorised to hold assemblies or synods in the Colony and, in accordance with
the provisions of the said Act, to nominate persons to act as a corporation
with continuance for ever under the style of "the Incorporated Trustees of
the Church of England in the Bahamas" with full power to have and use a
common seal and as trustees for the Church of England to receive, take, hold or
otherwise dispose of all descriptions of property both real and personal: |
AND WHEREAS
Trustees were duly appointed in accordance with the provisions of the said Act
and their successors continue under the said style: |
AND WHEREAS
certain doubts have arisen as to the vesting in the Trustees of the title to
lands in the Colony formerly held, or purporting to be held, by their above-recited
predecessors, that is to say, the Bishop of Jamaica, the Lord Bishop of Nassau
and the Commissioners of the Church of England in the Bahamas, and as to the
powers of their said predecessors to acquire and dispose of lands in the Colony. |
1. This Act
may be cited as the Church of England (Lands) Act. | Short title. |
2. In this
Act the following expressions have the meanings hereby respectively assigned to
them, that is to say: | Interpretation. |
"relevant
time" means the time when the trustees or the trustees' predecessors
acquired, held, disposed of, or otherwise dealt with land in The Bahamas; |
"the trustees"
means the Incorporated Trustees of the Church of England in the Bahamas; |
"the trustees'
predecessors" means the Bishop of Jamaica, the Lord Bishop of Nassau, or
the Commissioners of the Church of England in the Bahamas, as the case may be. |
3. For the
avoidance of doubt it is hereby declared that the trustees' predecessors shall
be deemed to have had at all relevant times power to acquire, hold and dispose
of land in The Bahamas. | Powers of trustees' predecessors. |
4. The lot
of land described in the Schedule hereto shall be deemed to have been vested in
the trustees for an estate in fee simple. | Vesting of land in Schedule
in trustees. |
5. (1) Any
other lands in The Bahamas held or acquired by the trustees' predecessors, and
not disposed of by them shall be deemed to have been vested in the trustees. | Vesting of other land in
trustees. |
(2) The lands so
vested shall be held by the trustees, and shall be deemed to have been held at
all relevant times, for the same estate or interest, and subject to the same
rights, liabilities, obligations and incumbrances, as would pertain or attach
thereto if this Act had been in force at all relevant times, and any
disposition or other dealing with the land by the trustees or by the trustees' predecessors
shall take effect accordingly. |
6. Nothing
in this Act shall predjudice or affect the rights of the Queen, Her Heirs and
Successors or of any other person or persons except such as are mentioned in
this Act and those claiming by, from, through or under them. | Rights of the Queen and
others preserved. |
THE SCHEDULE
HEREIN BEFORE REFERRED TO. |
ALL That piece
parcel or lot of land situated in the City of Nassau in the Island of New
Providence one of the Bahama Islands and bounded on the North by the property
of D. C. Anderson on the East by Cumberland Street on the South partly by land
the property of Paula Meeres and partly by land the property of Isaac Newton
and on the West by land the property of the Public Board of Works for New
Providence. |