Act No. 32 of 1904
ORDNANCE LANDS |
An Act
for the purpose of securing a formal conveyance for the use of The Bahamas of
certain lands vested in the Secretary of State for War. | 32 or 1904 |
[Commencement 9th
June, 1904] |
WHEREAS by the Act
of Assembly 19 Victoria chapter 14 the various lands specified in the Schedule
to this Act being originally Crown Lands granted or acquired by the Military
authorities, were vested in Her late Majesty's Principal Secretary of State for
the War Department and his successors in office (hereinafter called the
Secretary of State for War): | Preamble. |
AND WHEREAS on the
withdrawal of the Imperial troops from The Bahamas the said lands were
informally transferred by the Military authorities to His Excellency Sir
Ambrose Shea the then Governor of the Government of The Bahamas, who received
the same on behalf of the Government of The Bahamas on the terms that in the
event of any lands being at any time subsequently required for the defence of
The Bahamas, the value of the lands so transferred, as ascertained by a
valuation made at the time (particulars of which are given in the said schedule),
should be contributed towards the cost of providing such lands: |
AND WHEREAS no
formal conveyance of the said lands was made at the time or has since been
executed: |
AND
WHEREAS by the Hotel and Steam Service Act the land numbered 1 in the schedule
was vested in the Florida East Coast Hotel Company: |
AND WHEREAS doubts
have arisen as to the effect of the obligation arising under the transfer
aforesaid: |
AND WHEREAS the
Secretary of State for War has significant his willingness to executive a
formal conveyance of the residue of the said lands to the Governor of The
Bahamas for the of The Bahamas subject to the conditions of the said transfer: |
AND WHEREAS one
parcel of the lands so to be conveyed is required for the purposes of the Board
of Trade in The Bahamas. |
1. This Act
may be cited for all purposes as the Ordnance Lands Act. | Short title. |
2. (1) Upon
the execution by the Secretary of State for War of any conveyance by which the
lands specified in the Schedule to this Act other than the land numbered 1 in
the said Schedule shall be conveyed to the Governor for the use of The Bahamas
on the terms of transfer hereinbefore recited, it shall be lawful for the
Governor on behalf of The Bahamas to attach to the said conveyance the Great
Seal of The Bahamas as party to the said conveyance. | Upon the execution by the
Secretary of State for War of a Conveyance for certain lands the Governor shall
attach the Great Seal of The Bahamas to the conveyance. |
(2) The
obligations undertaken by the Governor on behalf of The Bahamas in the said
Conveyance shall be coextensive with those undertaken at the time of the said
transfer, and the amount to be contributed by virtue of such obligations in the
contingency therein provided for shall include the value of the land numbered 1
in the said Schedule, as well as the value of the lands actually conveyed. |
3. (1) On
the production to the Registrar of Records of any conveyance appearing by the
terms thereof to be made and executed in accordance with this Act, the same
shall be recorded by the Registrar of Records without any of the formalities
prescribed by the Act of Assembly 25 Victoria chapter 15, and shall be deemed
to be duly recorded under the said Act. | Conveyance to be recorded
by the Registrar of Records. |
(2) The said
conveyance shall be exempt from Stamp duty under the Stamp Act 1877. |
4. Upon the
execution of the said conveyance by the Secretary of State for War, and the
sealing thereof by the Governor with the Great Seal of The Bahamas, the parcel
of land numbered 8 in the Schedule to this Act and described therein as "Potter's
Cay, New Providence Harbour, Land at East End," subject always to the
immemorial right to careen vessels secured by the Act of Assembly 5 Victoria
chapter 8, shall vest in the Lords of the Committee for the time being of the
Privy Council appointed for the consideration of matters relating to trade and
foreign plantations and their successors in office in the same manner and
subject to the same incidents as if it had been vested in them as a corporation
sole and the liability of The Bahamas under the said conveyance to contribute
towards the cost of providing lands for the future defence of The Bahamas shall
be diminished to the extent of the valuation of the said parcel of land as
given in the Schedule to this Act. | Parcel of land described as
"Potter's Cay, New Providence Harbour, Land at East End," to vest in
the Lords of the Committee of the Privy Council. |
5. The said
part of Potter's Cay so vested shall not be alienated leased or otherwise
disposed of without the consent of the Legislature of The Bahamas and no
building or other structure shall be erected on the said Cay unless the plans
thereof shall have been submitted to and approved by the Governor in Council. | Land shall not be alienated,
leased, etc., without the consent of the Legislature. Restricts erection of
buildings. |
SCHEDULE |
|
Item.
|
Island.
|
Name of Property, Etc.
|
Estimated
Area.
|
Value.
|
|
|
|
|
A.
|
R.
|
P.
|
£
|
|
1.
|
New Providence
|
Soldiers Barracks
Out Buildings and Grounds
|
2
|
2
|
2½
|
2345
|
|
2.
|
" "
|
Fort Charlotte and
grounds
|
44
|
3
|
18
|
85
|
|
3.
|
" "
|
Water Battery and
grounds
|
|
1
|
1
|
1
|
|
4.
|
" "
|
Fort Fincastle and
grounds
|
2
|
3
|
31
|
77
|
|
5.
|
" "
|
Fort Montague and
grounds
|
6
|
1
|
12
|
100
|
|
6.
|
" "
|
Winton Land
|
4
|
3
|
29
|
4
|
|
7.
|
" "
|
Rifle Range near
Baillou Hills
|
20
|
2
|
26
|
Nil
|
|
8.
|
Potter's Cay,
(New Providence Harbour)
|
Land at East End
|
1
|
0
|
6½
|
5
|
|
9.
|
Harbour Island
|
Land North of Town
|
36
|
1
|
17
|
30
|
|
10.
|
" "
|
Land South of Town
|
26
|
2
|
29
|
22
|
|
11.
|
Exuma
|
Land Man-of-War Cay
|
106
|
0
|
12
|
33
|
|
|
|
|
252
|
2
|
24
|
£2702
|
|