Act No. 5 of 1962
BAHAMA CEMENT COMPANY (CONFIRMATION OF TITLE) |
An Act to
confirm the title of Bahama Cement Company to certain land on the Island of
Grand Bahama, one of the Bahama Islands. | 5 of 1962 |
[Commencement 22nd
March, 1962] |
1. This Act
may be cited as the Bahama Cement Company (Confirmation of Title) Act. | Short title. |
2. It is
hereby declared and confirmed that Bahama Cement Company, a company
incorporated under the laws of the Republic of Liberia and registered under The
Foreign Companies Act, whose registered office is at Freeport, Grand Bahama
aforesaid (hereinafter called "the Company") is absolutely and
indefeasibly entitled as tenant in fee simple absolute in possession of ALL
THAT land (hereinafter called "the said land") situate in the Island
of Grand Bahama particularly described in the First Schedule hereto, being part
of the land conveyed by The Grand Bahama Port Authority, Limited to the Company
by an Indenture of Conveyance dated the Eighteenth day of October One thousand
Nine hundred and Sixty-one (and now recorded in the Registry of Records in the
City of Nassau in Volume 451 at pages 371 to 402) subject as provided by
Section 3 hereof, but otherwise free from all rights, claims, demands and
incumbrances whatsoever whether legal or equitable, the said rights, claims, demands
and incumbrances (if any) being hereby extinguished. | Confirmation of title under
a certain Conveyance. |
3. The said
land is held by the Company- | Saving for certain rights
and encumbrances. |
(1) subject to the
rights of the Crown, its heirs and successors, including all rights excepted
and reserved to the Crown by the Crown Grants (inter alia) the said land;
and |
(2) subject to
such encumbrances (if any) as are created by the Indentures brief particulars
whereof are set out in the Second Schedule hereto. |
4. (1) Within
one month from the date of coming into operation of this Act the Company shall
cause a duly completed notice in the form set out in the Third Schedule to this
Act to be published in three issues within a period of seven days in at least
two newspapers of general circulation in The Bahamas and shall forward a copy
of such notice to the Commissioner at West End, Grand Bahama, for posting by
the Commissioner on the public notice board outside the Commissioner's Office
at West End aforesaid. | Notice to be published in
newspapers and posted on public notice board. |
(2) The
Commissioner shall, on receipt of the notice referred to in subsection (1) of
this section, forthwith affix the same to his said public notice board, and
shall not remove the same therefrom for a period of one month from the date of
such posting. |
5. (1) Any
person who claims that, but for this Act, he would have been entitled to any
legal or equitable right, claim, demand or incumbrance (hereinafter called "the
said claim") adverse to or inconsistent with the title of the Company to
the said land or any part thereof, may within a period of one year from the
date of coming into operation of this Act serve upon the Company a full
statement in writing of the said claim verified by an affidavit, to be served
therewith. | Provision for compensation. |
(2) Upon receipt
of the said statement and affidavit, but not otherwise, it shall be the duty of
the Company to preserve the said statement and affidavit until the expiration
of the said period of one year specified in subsection (1) of this section, and
within one month from the expiration of the said period to apply to the Supreme
Court to have the said claim investigated and the nature and extent thereof
determined and declared by order of the Supreme Court: |
Provided that in
default of such application each such claimant may within one further month
apply to the Supreme Court as aforesaid. |
(3) Except so far
as the Supreme Court may otherwise direct, the procedure for such investigation
shall follow as nearly as practicable the procedure laid down under The
Quieting Titles Act 1959, for the investigation of adverse claims made
thereunder. |
(4) If and so far
as the Supreme Court shall be satisfied that any such claimant has established
that, but for this Act, such claimant would have been entitled to any legal or
equitable right, claim, demand or incumbrance, the Supreme Court shall award to
such claimant such amount, to be paid by the Company by way of compensation, as
the Supreme Court shall in its absolute discretion deem just and reasonable: |
Provided that- |
(a) the amount
so awarded to each such claimant shall relate only to such part or parts of the
said land in respect of which such claimant has established that, but for this
Act, he would have been so entitled as aforesaid; and |
(b) the total
of the amounts so awarded to all such claimants shall not exceed in the
aggregate Two hundred pounds per acre (and pro rata for any part of an
acre) in respect of such part or parts as aforesaid of the said land. |
FIRST SCHEDULE (Section 2) |
ALL
THAT land (whether or not covered with water) containing 95.24 acres more or
less and situate on the Island of Grand Bahama and the West of Hawksbill Creek
the boundaries of which said land commence at a point situate on the Eastern
boundary of and N. 201° 47' ( true) 2,179.75 feet from the North-eastern corner
of a tract of land containing 116.11 acres conveyed by The Grand Bahama Port
Authority, Limited to the Company by the said Indenture dated the Eighteenth
day of October One thousand Nine hundred and Sixty-one the said tract being
described in Part 1 Clause 2 of the First Schedule to the said Indenture and
extend thence N. 291° 47' ( true) 2,500 feet thence N. 201° 47' (true) 1,800
feet thence N. 111° 47' ( true) 2,028.07 feet to a point on the Western
boundary of the area designated "Step No. 2" on the plan dated the
Third day of January, 1962 and filed in the Crown Lands Office of the Colony as
Plan No. 81, Grand Bahama (hereinafter called the "the said plan") thence
along a portion of the Western boundary to the said area designated "Step
No. 2" N. 4° 15' ( true) 423.24 feet thence along the Northern Boundary of
the said area designated "Step No. 2" with the following two courses:
N. 94° 15' (true) 200 feet and N. 111° 47' (true) 258.73 feet to a point on the
Western boundary of the area designated "Step No. 4" on the said plan
thence along a portion of the Western boundary of the said area designated "Step
No. 4" and along the Western boundary of the area designated "Step No.
5" on the said plan jointly N. 21° 47' (true) 699.36 feet thence along a
portion of the Northern boundary of the said area designated "Step No. 5"
N. 111° 47' (true) 150 feet thence along a portion of the Western boundary of
land leased by The Grand Bahama Port Authority, Limited to Bahama Shipyards, Ltd.
N. 21° 47' (true) 636.80 feet back to the point of commencement which said land
has such position, boundaries, shape, marks and dimensions as are shown on the
said plan and is thereon shown coloured Pink. |
SECOND SCHEDULE (Section 3) |
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Description of
Documents each dated 18th October, 1961.
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Parties.
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Record Reference in
Registry of Records (if any).
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1. Conveyance of
approximately 1,872 acres of land situate in the vicinity of Hawksbill Creek.
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(1) The Grand Bahama
Port Authority, Ltd.
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Volume 451 at pages 371-402.
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(2) The Company.
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2. Deed of Covenant.
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(1) The Grand Bahama
Port Authority, Ltd.
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Volume 458 at pages 321-348.
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(2) The Company.
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3. Deed of Licence.
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(1) The Grand Bahama
Port Authority, Ltd.
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Volume 451 at pages 420-470.
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(2) The Company.
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4. Agreement as to
excavation rights and boundary re-locations.
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(1) Bahama Shipyards, Limited.
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Volume 458 at pages 59-88.
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(2) Bahama Chemicals, Limited.
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(3) The Grand Bahama
Port Authority, Ltd.
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(4) The Company.
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5. Agreement as to
Reciprocal Rights of Way.
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(1) Bahama Shipyards, Limited.
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Volume 459 at pages 166-182.
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(2) Bahama Chemicals, Limited.
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(3) The Grand Bahama
Port Authority, Ltd.
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(4) The Company.
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6. Agreement as to
Restrictive Covenants and mutual nuisance easements.
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(1) The Grand Bahama
Port Authority, Ltd.
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Volume 459 at pages 183-204.
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(2) Bahama Shipyards, Limited.
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(3) Bahama Chemicals, Limited.
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(4) The Company.
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7. Agreement as to
Retransfer to Properties and Licences.
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(1) Bahama Shipyards, Limited.
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Volume 458 at pages 367-386.
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(2) Bahama Chemicals
Limited.
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(3) The Company.
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(4) The Grand Bahama
Port Authority, Ltd.
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8. Agreement.
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(1) Bahama Shipyards, Limited.
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Volume 459 at pages 205-220.
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(2) Bahama Chemicals, Limited.
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(3) The Company.
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(4) The Grand Bahama
Port Authority, Ltd.
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THIRD SCHEDULE (Section 4) |
NOTICE |
The Bahama Cement Company (Confirmation of Title) Act 1962
Land at Hawksbill Creek, Grand Bahama. |
1.
The Bahama Cement Company (Confirmation of Title) Act 1962 came into force on
the....................... day of ............. 1962. This Act confirmed the
title of that Company to certain land at Hawksbill Creek, Grand Bahama, the
plan showing the land is filed in the Crown Lands Office of the Colony as
Number 81 Grand Bahama and a copy of this plan is on file in the Office of the
Commissioner at West End, Grand Bahama. These plans are open to inspection. |
2.
The Act also extinguishes all other rights, claims, demands, and incumbrances
relating to the land with certain exceptions, but gives the owners of such
rights, claims, demands and incumbrances the right to claim compensation under
the Act within a year of the Act coming into force. No claims may be made after
the year has expired. |
3.
If any person claims that he was entitled to any such right, claim, demand or
incumbrance and wishes to claim compensation for it under the Act, he should
within the year serve on Bahama Cement Company at Savoy Building, Freeport, Grand
Bahama a full statement in writing of his claim together with an affidavit
verifying the claim. The claim will then be determined by the Supreme Court in
accordance with the Act. |
4.
Any person who thinks that he may have a claim under the Act is advised in his
own interest to consult the detailed provisions of the Act as soon as possible. |
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Dated the ..............................................
day of ............................. 1962.
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BAHAMA CEMENT COMPANY.
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Savoy Building,
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Freeport, Grand Bahama.
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