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CHAPTER 53 SUPREME COURT

PART I Subsidiary Legislation under the Administration of Justice Act, 1956 (4 & 5 Eliz. 2 c. 46) of the United

Kingdom S.I. 1962 No. 2348.

OVERSEAS TERRITORIES ADMIRALTY JURISDICTION (BAHAMA ISLANDS)

ORDER IN COUNCIL, 1962

Made .................................. 24th October 1962 Coming into Operation ....... 25th October 1962

At the Court of Buckingham Palace, the 24th day of October, 1962.

Present, The Queen’s Most Excellent Majesty in Council. Her Majesty, by virtue and in exercise of the power

vested in Her by section 56 of the Administration of Justice Act 1956 (a)and of all other powers enabling Her in that behalf, Is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. (1) This Order may be cited as the Admiralty Jurisdiction (Bahama Islands) Order in Council 1962.

(2) This Order shall come into operation on the 25th October 1962.

2. The Colonial Courts of Admiralty Act 1890 (b) shall, in relation to the Supreme Court of the Bahama Islands, have effect as if for the reference in section 2(2) thereof to the Admiralty jurisdiction of the High Court in England there were substituted a reference to the Admiralty jurisdiction of that court as defined by section 1 of the Administration of Justice Act 1956 subject to the adaptation and modification of the said section 1 that is specified in schedule 1 to this Order.

4 & 5 Eliz. 2. c. 46.

Citation and commencement.

Admiralty jurisdiction of Supreme Court of Bahama Islands. 53 & 54 Vict. c. 27.

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3. The provisions of sections 3, 4, 6, 7 and 8 of Part I of the Administration of Justice Act 1956 shall extend to the Bahama Islands with the adaptations and modifications that are specified in Column II of schedule 2 to this Order.

W. G. Agnew.

SCHEDULE 1 (Article 2)

ADAPTATION AND MODIFICATION OF SECTION 1 OF THE ADMINISTRATION OF JUSTICE ACT 1956 In subsection (1) the words “and any other jurisdiction

connected with ships and aircraft vested in the High Court apart from this section which is for the time being assigned by rules of court to the Probate, Divorce and Admiralty Division” shall be deleted.

SCHEDULE 2 (Article 3)

PROVISIONS OF PART I OF THE ADMINISTRATION OF JUSTICE ACT 1956 EXTENDED TO THE BAHAMA ISLANDS

AND ADAPTATIONS AND MODIFICATIONS THERETO

Column I. Column II. Section 3 In subsections (1), (3), (5), (6) and (7) the words

“the High Court, the Liverpool Court of Passage, and any county court” shall be deleted and the words “the Supreme Court of the Bahama Islands” shall be substituted;

In subsection (2) the words “the High Court” shall be deleted and the words “the Supreme Court of the Bahama Islands” shall be substituted;

In subsection (4) the words “High Court and (where there is such jurisdiction) the Admiralty jurisdiction of the Liverpool Court of Passage or any county court” shall be deleted and the words “Supreme Court of the Bahama Islands” shall be substituted;

In subsection (8) the words “England and Wales” shall be deleted and the words “the Bahama Islands” shall be substituted.

Application of provisions of Administration of Justice Act 1956 to Bahama Islands.

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Section 4 Subsection (1) shall be deleted and the following subsection shall be substituted:

“(1) No court in the Bahama Islands shall entertain an action in personam to enforce a claim to which this section applies unless —

(a) the defendant has his habitual residence or a place of business in the Bahama Islands; or

(b) the cause of action arose within the territorial waters of the Bahama Islands; or

(c) an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

In this subsection “territorial waters of the Bahama Islands” include any port, dock or harbour in the Bahama Islands;

In subsection (2) the words “in England and Wales” shall be deleted and the words “in the Bahama Islands” shall be substituted, and the words “outside England and Wales” shall be deleted and the words “outside the Bahama Islands” shall be substituted;

In subsection (5) the words “the High Court” shall be deleted and the words “the High Court of the Bahama Islands” shall be substituted;

Subsection (6) shall be omitted. Section 6 The words “England and Wales” shall be

deleted and the words “the Bahama Islands” shall be substituted.

Section 7 Subsection (1) shall be deleted and the following subsection shall be substituted:

“(1) Section 688 of the Merchant Shipping Act 1894 (a) (which relates to the detention of ships by customs officers in certain cases) shall cease to have effect, but nothing in this Part of the Act affects the provisions of section 552 of the Merchant Shipping Act 1894 (which relates to the power of a receiver of wreck to detain a ship in respect of a salvage claim)”;

Subsection (2) shall be omitted.

57 & 58 Vict. c. 60.