Admiralty Jurisdiction (Bahama Islands) Order in Council 1962

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1962/1962-2348/AdmiraltyJurisdictionBahamaIslandsOrderinCouncil1962_1.pdf
Published: 1962-10-25

Admiralty Jurisdiction Bahama Islands Order in Council 1962
SUBSIDIARY LEGISLATION OMITTED
FROM THE 2000 EDITION

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LRO 1/2008 STATUTE LAW OF THE BAHAMAS

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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STATUTE LAW OF THE BAHAMAS LRO 1/2008

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.
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