Carriage by Air (Colonies, Protectorates and Trust Territories) Order, 1953

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1953/1953-1474/CarriagebyAirColoniesProtectoratesandTrustTerritoriesOrder1953_1.pdf
Published: 1954-01-01

Carriage by Air (Colonies, Protectorates and Trust Territories) Order, 1953
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PART V
Subsidiary Legislation under the Carriage by Air Act,

1932 (22 & 23 Geo. 5 c. 36) of the United Kingdom.

CARRIAGE BY AIR (COLONIES, PROTECTORATES
AND TRUST TERRITORIES) ORDER, 1953


S.I. 1953/1474

Made............................................…..4th October 1953
Laid before Parliament...............…...6th October 1953
Coming into Operation...............……1st January 1954

At the Court at Balmoral, the 4th day of October, 1953
Present,

The Queen’s Most Excellent Majesty in Council
Whereas a convention signed at Warsaw on the 12th

day of October, 1929, is in force as regards the territories
mentioned in the Second Schedule to this Order:

And Whereas it is expedient to extend the provisions
of Sections 1 and 2 of the Carriage by Air Act, 1931 (a)
subject to certain adaptations and modifications to such
territories:

Now, therefore, Her Majesty, by virtue of and in
exercise of the powers in this behalf by the Carriage by Air
Act, 1932, or otherwise in Her Majesty vested, 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 Carriage by
Air (Colonies, Protectorates and Trust Territories) Order,
1953.

(2) This Order shall come into operation on the first
day of January, 1954.

2. (1) In this Order, unless the context otherwise
requires —

“Colony” means any one of the colonies, protecto-
rates or other territories mentioned in the
Second Schedule hereto;

22 & 23 Geo. 5.
c. 36.

Citation and
commencement.

Interpretation.

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“the Act” means the Carriage by Air Act, 1932;
“the Convention” means the Convention for the

unification of certain rules relating to interna-
tional carriage by air which was signed on
behalf of His late Majesty King George the
Fifth at Warsaw on the 12th day of October,
1929, the provisions of which are set out in the
first annex to the First Schedule hereto.

(2) The Interpretation Act, 1889 (b), shall apply for
the purposes of the interpretation of this Order as it applies
for the purposes of the interpretation of an Act of
Parliament and as if this Order were an Act of Parliament.

3. The provisions of Sections 1 and 2 of the Act
subject to the adaptations and modifications as set forth in
the First Schedule hereto shall be and hereby are extended
to the territories mentioned in the Second Schedule hereto.

FIRST SCHEDULE (Article 3)
Section 1. — (1) The provisions of the Convention as set

out in the First Annex to this Schedule shall, so far as they relate
to the rights and liabilities of carriers, passengers, consignors,
consignees and other persons and subject to the provisions of
this section, have the force of law in the Colony in relation to
any carriage by air to which the Convention applies, irrespective
of the nationality of the aircraft performing that carriage.

(2) Her Majesty may by Order in Council from time to
time certify who are the High Contracting Parties to the
Convention, in respect of what territories they are respectively
parties and to what extent they have availed themselves of the
provisions of the Additional Protocol to the Convention, and any
such Order shall, except in so far as it has been superseded by a
subsequent Order, be conclusive evidence of the matters so
certified.

(3) Any reference in the said First Annex to the territory
of any High Contracting Party to the Convention shall be
construed as a reference to the territories subject to his
sovereignty, suzerainty, mandate or authority, in respect of
which he is a party.

(4) Any liability imposed by Article 17 of the said First
Annex on a carrier in respect of the death of a passenger shall be
in substitution for any liability of the carrier in respect of the
death of that passenger either under any enactment or at
common law and the provisions set out in the Second Annex to
this Schedule shall have effect with respect to the persons by and
for whose benefit the liability so imposed is enforceable and
with respect to the manner in which it may be enforced.

52 & 53 Vict.
c. 63.

Application of
sections 1 and 2
of the Act.

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(5) Any sum in francs mentioned in Article 22 of the said
First Annex shall, for the purposes of any action against a carrier,
be converted into sterling, or its equivalent in the local currency, at
the rate of exchange prevailing on the date on which the amount of
any damages to be paid by the carrier is ascertained by the court.

Section 2. — Every High Contracting Party to the Convention
who has not availed himself of the provisions of the additional
Protocol thereto shall, for the purposes of any action brought in a
court in the Colony in accordance with the provisions of Article 28
of the said First Annex to enforce a claim in respect of carriage
undertaken by him, be deemed to have submitted to the jurisdiction
of that Court, and accordingly rules of court may provide for the
manner in which any action is to be commenced and carried on; but
nothing in this section shall authorise the issue of execution against
the property of any High Contracting Party.

FIRST ANNEX
CONVENTION FOR THE UNIFICATION OF CERTAIN

RULES RELATING TO INTERNATIONAL CARRIAGE BY
AIR

CHAPTER I
SCOPE — DEFINITIONS

1. (1) This Convention applies to all international carriage
of persons, luggage or goods performed by aircraft for reward. It
applies equally to gratuitous carriage by aircraft performed by an
air transport undertaking.

(2) For the purposes of this Convention the expression
“international carriage” means any carriage in which, according to
the contract made by the parties, the place of departure and the
place of destination, whether or not there be a break in the
carriage or a transhipment, are situated either within the territories
of two High Contracting Parties, or within the territory of a single
High Contracting Party, if there is an agreed stopping place within
a territory subject to the sovereignty, suzerainty, mandate or
authority of another Power, even though that Power is not a party
to this Convention. A carriage without such an agreed stopping
place between territories subject to the sovereignty, suzerainty,
mandate or authority of the same High Contracting Party is not
deemed to be international for the purposes of this Convention.

(3) A carriage to be performed by several successive air
carriers is deemed, for the purposes of this Convention, to be one
undivided carriage, if it has been regarded by the parties as a single
operation, whether it had been agreed upon under the form of a single
contract or of a series of contracts, and it does not lose its international


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character merely because one contract or a series of contracts is
to be performed entirely within a territory subject to the
sovereignty, suzerainty, mandate or authority of the same High
Contracting Party.

2. (1) This Convention applies to carriage performed by
the State or by legally constituted public bodies provided it falls
within the conditions laid down in Article 1.

(2) This Convention does not apply to carriage performed
under the terms of any international postal Convention.

CHAPTER II
DOCUMENTS OF CARRIAGE

SECTION 1
Passenger Ticket

3. (1) For the carriage of passengers the carrier must deliver a
passenger ticket which shall contain the following particulars —
(a) the place and date of issue;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier may

reserve the right to alter the stopping places in case of
necessity, and that if he exercises that right the alteration
shall not have the effect of depriving the carriage of its
international character;

(d) the name and address of the carrier or carriers;
(e) a statement that the carriage is subject to the rules relating

to liability established by this Convention.
(2) The absence, irregularity or loss of the passenger

ticket does not affect the existence or the validity of the contract
of carriage, which shall none the less be subject to the rules of
this Convention. Nevertheless, if the carrier accepts a passenger
without a passenger ticket having been delivered he shall not be
entitled to avail himself of those provisions of this Convention
which exclude or limit his liability.

SECTION 2
Luggage Ticket

4. (1) For the carriage of luggage, other than small
personal objects of which the passenger takes charge himself,
the carrier must deliver a luggage ticket.

(2) The luggage ticket shall be made out in duplicate, one part
for the passenger and the other part for the carrier.

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(3) The luggage ticket shall contain the following particulars —
(a) the place and date of issue;
(b) the place of departure and of destination;
(c) the name and address of the carrier or carriers;
(d) the number of the passenger ticket;
(e) a statement that delivery of the luggage will be made to the

bearer of the luggage ticket;
(f) the number and weight of the packages;
(g) the amount of the value declared in accordance with Article

22(2);
(h) a statement that the carriage is subject to the rules relating

to liability established by this Convention.
(4) The absence, irregularity or loss of the luggage ticket

does not affect the existence or the validity of the contract of
carriage, which shall none the less be subject to the rules of this
Convention. Nevertheless, if the carrier accepts luggage without
a luggage ticket having been delivered, or if the luggage ticket
does not contain the particulars set out at (d), (f) and (h) above,
the carrier shall not be entitled to avail himself of those
provisions of the Convention which exclude or limit his liability.

SECTION 3
Air Consignment Note

5. (1) Every carrier of goods has the right to require the
consignor to make out and hand over to him a document called
an “air consignment note”; every consignor has the right to
require the carrier to accept this document.

(2) The absence, irregularity or loss of this document
does not affect the existence or the validity of the contract of
carriage which shall, subject to the provisions of Article 9, be
none the less governed by the rules of this Convention.

6. (1) The air consignment note shall be made out by the
consignor in three original parts and be handed over with the
goods.

(2) The first part shall be marked “for the carrier”, and
shall be signed by the consignor. The second part shall be
marked “for the consignee”; it shall be signed by the consignor
and by the carrier and shall accompany the goods. The third part
shall be signed by the carrier and handed by him to the
consignor after the goods have been accepted.

(3) The carrier shall sign on acceptance of the goods.
(4) The signature of the carrier may be stamped; that of

the consignor may be printed or stamped.

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(5) If, at the request of the consignor, the carrier makes
out the air consignment note, he shall be deemed, subject to
proof to the contrary, to have done so on behalf of the consignor.

7. The carrier of goods has the right to require the
consignor to make out separate consignment notes when there is
more than one package.

8. The air consignment note shall contain the following
particulars —
(a) the place and date of its execution;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier may

reserve the right to alter the stopping places in case of
necessity, and that if he exercises that right the alteration
shall not have the effect of depriving the carriage of its
international character;

(d) the name and address of the consignor;
(e) the name and address of the first carrier;
(f) the name and address of the consignee, if the case so

requires;
(g) the nature of the goods;
(h) the number of the packages, the method of packing and the

particular marks or numbers upon them;
(i) the weight, the quantity and the volume or dimensions of

the goods;
(j) the apparent condition of the goods and of the packing;
(k) the freight, if it has been agreed upon, the date and place of

payment, and the person who is to pay it;
(l) if the goods are sent for payment on delivery, the price of

the goods, and, if the case so requires, the amount of the
expenses incurred;

(m) the amount of the value declared in accordance with Article
22(2);

(n) the number of parts of the air consignment note;
(o) the documents handed to the carrier to accompany the air

consignment note;
(p) the time fixed for the completion of the carriage and a brief

note of the route to be followed, if these matters have been
agreed upon;

(q) a statement that the carriage is subject to the rules relating to
liability established by this Convention.

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9. If the carrier accepts goods without an air consignment note
having been made out, or if the air consignment note does not
contain all the particulars set out in Article 8(a) to (i) inclusive and
(q), the carrier shall not be entitled to avail himself of the provisions
of this Convention which exclude or limit his liability.

10. (1) The consignor is responsible for the correctness
of the particulars and statements relating to the goods which he
inserts in the air consignment note.

(2) The consignor will be liable for all damage suffered
by the carrier or any other person by reason of the irregularity,
incorrectness or incompleteness of the said particulars and
statements.

11. (1) The air consignment note is prima facie evidence
of the conclusion of the contract, of the receipt of the goods and
of the conditions of carriage.

(2) The statements in the air consignment note relating to
the weight, dimensions and packing of the goods, as well as those
relating to the number of packages, are prima facie evidence of the
facts stated; those relating to the quantity, volume and conditions of
the goods do not constitute evidence against the carrier except so
far as they both have been, and are stated in the air consignment
note to have been, checked by him in the presence of the consignor,
or relate to the apparent condition of the goods.

12. (1) Subject to his liability to carry out all his
obligations under the contract of carriage, the consignor has the
right to dispose of the goods by withdrawing them at the aerodrome
of departure or destination, or by stopping them in the course of the
journey on any landing, or by calling for them to be delivered at the
place of destination or in the course of the journey to a person other
than the consignee named in the air consignment note, or by
requiring them to be returned to the aerodrome of departure. He
must not exercise this right of disposition in such a way as to
prejudice the carrier or other consignors and he must repay any
expenses occasioned by the exercise of this right.

(2) If it is impossible to carry out the orders of the
consignor the carrier must so inform him forthwith.

(3) If the carrier obeys the orders of the consignor for the
disposition of the goods without requiring the production of the part
of the air consignment note delivered to the latter, he will be liable,
without prejudice to his right of recovery from the consignor, for
any damage which may be caused thereby to any person who is
lawfully in possession of that part of the air consignment note.

(4) The right conferred on the consignor ceases at the
moment when that of the consignee begins in accordance with
Article 13; Nevertheless, if the consignee declines to accept the
consignment note or the goods or if he cannot be communicated
with, the consignor resumes his right of disposition.

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13. (1) Except in the circumstances set out in the
preceding Article, the consignee is entitled, on arrival of the
goods at the place of destination, to require the carrier to hand
over to him the air consignment note and to deliver the goods to
him, on payment of the charges due and on complying with the
conditions of carriage set out in the air consignment note.

(2) Unless it is otherwise agreed, it is the duty of the
carrier to give notice to the consignee as soon as the goods arrive.

(3) If the carrier admits the loss of the goods, or if the
goods have not arrived at the expiration of seven days after the
date on which they ought to have arrived, the consignee is
entitled to put into force against the carrier the rights which flow
from the contract of carriage.

14. The consignor and the consignee can respectively
enforce all the rights given them by Articles 12 and 13, each in
his own name, whether he is acting in his own interest or in the
interest of another, provided that he carries out the obligations
imposed by the contract.

15. (1) Articles 12, 13 and 14 do not affect either the
relations of the consignor or the consignee with each other or the
mutual relations of third parties whose rights are derived either
from the consignor or from the consignee.

(2) The provisions of Articles 12, 13 and 14 can only be
varied by express provision in the air consignment note.

16. (1) The consignor must furnish such information and
attach to the air consignment note such documents as are necessary
to meet the formalities of customs, octroi or police before the goods
can be delivered to the consignee. The consignor is liable to the
carrier for any damage occasioned by the absence, insufficiency or
irregularity of any such information or documents, unless the
damage is due to the fault of the carrier or his agents.

(2) The carrier is under no obligation to enquire into the
correctness or sufficiency of such information or documents.

CHAPTER III
LIABILITY OF THE CARRIER

17. The carrier is liable for damage sustained in the event
of the death or wounding of a passenger or any other bodily injury
suffered by a passenger, if the accident which caused the damage so
sustained took place on board the aircraft or in the course of any of
the operations of embarking or disembarking.

18. (1) The carrier is liable for damage sustained in the
event of the destruction or loss of, or of damage to, any
registered luggage or any goods, if the occurrence which caused
the damage so sustained took place during the carriage by air.

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(2) The carriage by air within the meaning of the
preceding paragraph comprises the period during which the
luggage or goods are in charge of the carrier, whether in an
aerodrome or on board an aircraft, or, in the case of a landing
outside an aerodrome, in any place whatsoever.

(3) The period of the carriage by air does not extend to
any carriage by land, by sea or by river performed outside an
aerodrome. If, however, such a carriage takes place in the
performance of a contract for carriage by air, for the purpose of
loading, delivery or transhipment, any damage is presumed,
subject to proof to the contrary, to have been the result of an
event which took place during the carriage by air.

19. The carrier is liable for damage occasioned by delay
in the carriage by air of passengers, luggage or goods.

20. (1) The carrier is not liable if he proves that he and his
agents have taken all necessary measures to avoid the damage or
that it was impossible for him or them to take such measures.

(2) In the carriage of goods and luggage the carrier is not
liable if he proves that the damage was occasioned by negligent
pilotage or negligence in the handling of the aircraft or in
navigation and that, in all other respects, he and his agents have
taken all necessary measures to avoid the damage.

21. If the carrier proves that the damage was caused by
or contributed to by the negligence of the injured person the
Court may, in accordance with the provisions of its own law,
exonerate the carrier wholly or partly from his liability.

22. (1) In the carriage of passengers the liability of the
carrier for each passenger is limited to the sum of 125,000
francs. Where, in accordance with the law of the Courts wised of
the case, damages may be awarded in the form of periodical
payments, the equivalent capital value of the said payments shall
not exceed 125,000 francs. Nevertheless, by special contract, the
carrier and the passenger may agree to a higher limit of liability.

(2) In the carriage of registered luggage and of goods,
the liability of the carrier is limited to a sum of 250 francs per
kilogram, unless the consignor has made, at the time when the
package was handed over to the carrier, a special declaration of
the value at delivery and has paid a supplementary sum if the
case so requires. In that case the carrier will be liable to pay a
sum not exceeding the declared sum, unless he proves that that
sum is greater than the actual value to the consignor at delivery.

(3) As regards objects of which the passenger takes charge
himself the liability of the carrier is limited to 5,000 francs per
passenger.

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(4) The sums mentioned above shall be deemed to refer
to the French franc consisting of 65§ milligrams gold of
millesimal fineness 900. These sums may be converted into any
national currency in round figures.

23. Any provision tending to relieve the carrier of
liability or to fix a lower limit than that which is laid down in
this Convention shall be null and void, but the nullity of any
such provision does not involve the nullity of the whole contract,
which shall remain subject to the provisions of this Convention.

24. (1) In the cases covered by Articles 18 and 19 any
action for damages, however founded, can only be brought
subject to the conditions and limits set out in this Convention.

(2) In the cases covered by Article 17 the provisions of
the preceding paragraph also apply, without prejudice to the
questions as to who are the persons who have the right to bring
suit and what are their respective rights.

25. (1) The carrier shall not be entitled to avail himself of
the provisions of this Convention which exclude or limit his liability,
if the damage is caused by his wilful misconduct or by such default
on his part as, in accordance with the law of the Court wised of the
case, is considered to be equivalent to wilful misconduct.

(2) Similarly the carrier shall not be entitled to avail himself
of the said provisions, if the damage is caused as aforesaid by any
agent of the carrier acting within the scope of his employment.

26. (1) Receipt by the person entitled to delivery of
luggage or goods without complaint is prima facie evidence that
the same have been delivered in good condition and in
accordance with the document of carriage.

(2) In the case of damage, the person entitled to delivery
must complain to the carrier forthwith after the discovery of the
damage, and, at the latest, within three days from the date of
receipt in the case of luggage and seven days from the date of
receipt in the case of goods. In the case of delay the complaint
must be made at the latest within fourteen days from the date on
which the luggage or goods have been placed at his disposal.

(3) Every complaint must be made in writing upon the
document of carriage or by separate notice in writing despatched
within the times aforesaid.

(4) Failing complaint within the times aforesaid, no action
shall lie against the carrier, save in the case of fraud on his part.

27. In the case of the death of the person liable, an action
for damages lies in accordance with the terms of this Convention
against those legally representing his estate.

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28. (1) An action for damages must be brought, at the
option of the plaintiff, in the territory of one of the High Contracting
Parties, either before the Court having jurisdiction where the carrier is
ordinarily resident, or has his principal place of business, or has an
establishment by which the contract has been made or before the
Court having jurisdiction at the place of destination.

(2) Questions of procedure shall be governed by the law
of the Court seised of the case.

29. (1) The right to damages shall be extinguished if an
action is not brought within two years, reckoned from the date of
arrival at the destination, or from the date on which the aircraft ought to
have arrived, or from the date on which the carriage stopped.

(2) The method of calculating the period of limitation
shall be determined by the law of the Court seised of the case.

30. (1) In the case of carriage to be performed by various
successive carriers and falling within the definition set out in the
third paragraph of Article 1, each carrier who accepts passengers,
luggage or goods is subjected to the rules set out in this Convention,
and is deemed to be one of the contracting parties to the contract of
carriage in so far as the contract deals with that part of the carriage
which is performed under his supervision.

(2) In the case of carriage of this nature, the passenger or
his representative can take action only against the carrier who
performed the carriage during which the accident or the delay
occurred, save in the case where, by express agreement, the first
carrier has assumed liability for the whole journey.

(3) As regards luggage or goods, the passenger or
consignor will have a right of action against the first
carrier, and the passenger or consignee who is entitled to
delivery will have a right of action against the last carrier,
and further, each may take action against the carrier who
performed the carriage during which the destruction, loss,
damage or delay took place. These carriers will be jointly
and severally liable to the passenger or to the consignor or
consignee.

CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE

31. (1) In the case of combined carriage performed partly
by air and partly by any other mode of carriage, the provisions of
this Convention apply only to the carriage by air, provided that
the carriage by air falls within the terms of Article 1.

(2) Nothing in this Convention shall prevent the parties
in the case of combined carriage from inserting in the document
of air carriage conditions relating to other modes of carriage,
provided that the provisions of this Convention are observed as
regards the carriage by air.

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CHAPTER V
GENERAL AND FINAL PROVISIONS

32. Any clause contained in the contract and all special
agreements entered into before the damage occurred by which the
parties purport to infringe the rules laid down by this Convention,
whether by deciding the law to be applied, or by altering the rules as
to jurisdiction, shall be null and void. Nevertheless for the carriage
of goods arbitration clauses are allowed, subject to this Convention,
if the arbitration is to take place within one of the jurisdictions
referred to in the first paragraph of Article 28.

33. Nothing contained in this Convention shall prevent
the carrier either from refusing to enter into any contract of
carriage, or from making regulations which do not conflict with
the provisions of this Convention.

34. This Convention does not apply to international
carriage by air performed by way of experimental trial by air
navigation undertakings with the view to the establishment of a
regular line of air navigation, nor does it apply to carriage
performed in extraordinary circumstances outside the normal
scope of an air carrier’s business.

35. The expression “days” when used in this Convention
means current days not working days.

36. The Convention is drawn up in French in a single
copy which shall remain deposited in the archives of the
Ministry for Foreign Affairs of Poland and of which one duly
certified copy shall be sent by the Polish Government to the
Government of each of the High Contracting Parties.

37. (1) This Convention shall be ratified. The instruments
of ratification shall be deposited in the archives of the Ministry for
Foreign Affairs of Poland, which will notify the deposit to the
Government of each of the High Contracting Parties.

(2) As soon as this Convention shall have been ratified
by five of the High Contracting Parties it shall come into force
as between them on the ninetieth day after the deposit of the
fifth ratification. Thereafter it shall come into force between the
High Contracting Parties who shall have ratified and the High
Contracting Party who deposits his instrument of ratification on
the ninetieth day after the deposit.

(3) it shall be the duty of the Government of the Republic
of Poland to notify to the Government of each of the High
Contracting Parties the date on which this Convention comes into
force as well as the date of the deposit of each ratification.

38. (1) This Convention shall, after it has come into
force, remain open for accession by any State.

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(2) The accession shall be effected by a notification addressed
to the Government of the Republic of Poland, which will inform the
Government of each of the High Contracting Parties thereof.

(3) The accession shall take effect as from the ninetieth
day after notification made to the Government of the Republic
of Poland.

39. (1) Any one of the High Contracting Parties may
denounce this Convention by a notification addressed to the
Government of the Republic of Poland, which will at once
inform the Government of each of the High Contracting Parties.

(2) Denunciation shall take effect six months after the
notification of denunciation, and shall operate only as regards
the Party who shall have proceeded to denunciation.

40. (1) Any High Contracting Party may, at the time of
signature or of deposit of ratification or of accession declare that
the acceptance which he gives to this Convention does not apply
to all or any of his colonies, protectorates, territories under
mandate, or any other territory subject to his sovereignty or his
authority, or any territory under his suzerainty.

(2) Accordingly any High Contracting Party may
subsequently accede separately in the name of all or any of his
colonies, protectorates, territories under mandate or any other
territory subject to his sovereignty or to his authority or any
territory under his suzerainty which has been thus excluded by
his original declaration.

(3) Any High Contracting Party may denounce this
Convention, in accordance with its provisions, separately or for
all or any of his colonies, protectorates, territories under
mandate or any other territory subject to his sovereignty or to his
authority, or any other territory under his suzerainty.

41. Any High Contracting Party shall be entitled not
earlier than two years after the coming into force of this
Convention to call for the assembling of a new international
Conference in order to consider any improvements which may
be made in this Convention. To this end he will communicate
with the Government of the French Republic which will take the
necessary measures to make preparations for such Conference.

This Convention done at Warsaw on the 12th October, 1929,
shall remain open for signature until the 31st January, 1930.

[Here follow the signatures on behalf of the following countries:
Germany, Austria, Belgium, Brazil, Denmark, Spain, France, Great
Britain and Northern Ireland, the Commonwealth of Australia, the
Union of South Africa, Greece, Italy, Japan, Latvia, Luxembourg,
Norway, the Netherlands, Poland, Roumania, Switzerland, Czecho-
Slovakia, the Union of Soviet Socialist Republics, and Yugoslavia.]

CH.284 – 796] CIVIL AVIATION






STATUTE LAW OF THE BAHAMAS LRO 1/2002

ADDITIONAL PROTOCOL
(With reference to Article 2)

The High Contracting Parties reserve to themselves the
right to declare at the time of ratification or of accession that the
first paragraph of Article 2 of this Convention shall not apply to
international carriage by air performed directly by the State, its
colonies, protectorates or mandated territories or by any other
territory under its sovereignty, suzerainty or authority.

[This additional Protocol was signed on behalf of the same
countries as those above mentioned.]

SECOND ANNEX

PROVISIONS AS TO LIABILITY OF CARRIER IN THE
EVENT OF THE DEATH OF A PASSENGER

1. The liability shall be enforceable for the benefit of such
of the members of the passenger’s family as sustained damage
by reason of his death.

In this paragraph the expression “member of a family” means
wife or husband, parent, step-parent, grandparent, brother, sister,
half brother, half sister, child, step-child, grandchild:

Provided that, in deducing any such relationship as
aforesaid, any illegitimate person and any adopted person shall
be treated as being, or as having been, the legitimate child of his
mother and reputed father or, as the case may be, of his adopters.

2. An action to enforce the liability may be brought by the
personal representative of the passenger or by any person for
whose benefit the liability is under the last preceding paragraph
enforceable, but only one action shall be brought in the Colony
in respect of the death of any one passenger, and every such
action by whomsoever brought shall be for the benefit of all
such persons so entitled as aforesaid as either are domiciled in
the Colony or, not being domiciled there, express a desire to take
the benefit of the action.

3. Subject to the provisions of the next suceeding
paragraph, the amount recovered in any such action, after
deducting any costs not recovered from the defendant, shall be
divided between the persons entitled in such proportions as the
Court (or, where the action is tried with a jury, the jury) direct.

4. The Court before which any such action is brought may at
any stage of the proceedings make any such order as appears to the
Court to be just and equitable in view of the provisions of the First


CIVIL AVIATION [CH.284 – 797






LRO 1/2002 STATUTE LAW OF THE BAHAMAS

Annex to this Schedule limiting the liability of a carrier and of
any proceedings which have been, or are likely to be,
commenced outside the Colony in respect of the death of the
passenger in question.

SECOND SCHEDULE (Article 3)

The Bahamas

CARRIAGE BY AIR (NON-INTERNATIONAL
CARRIAGE) (COLONIES, PROTECTORATES AND

TRUST TERRITORIES) ORDER, 1953


S.I. 1953 No. 1206 4
Made.......................................…….. 1st August 1953
Laid before Parliament...........……. 4th August 1953
Coming into Operation ..........…… 1st October 1953

At the Court at Buckingham Palace, the 1st day of August,
1953

Present,
The Queen’s Most Excellent Majesty in Council
Whereas it is expedient that the provisions of the

First Schedule to the Carriage by Air Act, 1932 (a), and the
provisions of subsections (4) and (5) of section one of the
Act, shall extend with certain exceptions, adaptations and
modifications to the territories mentioned in the Fourth
Schedule to this Order in respect of carriage by air, not
being international carriage by air as defined in the said
First Schedule:

Now, therefore, Her Majesty, in pursuance of the
powers conferred upon Her by the said Act, is pleased, by
and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows:

1. This Order may be cited as the Carriage by Air
(Non-International Carriage) (Colonies, Protectorates and
Trust Territories) Orders, 1953.


4 As amended by S.I. 1955/710 and S.I. 1961/2318.

22 & 23 Geo. 5.
c. 36.

Short title.
Read Entire Law on laws.bahamas.gov.bs