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

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1953/1953-1206/CarriagebyAirNon-InternationalCarriageColoniesProtectoratesandTrustTerritoriesOrder1953_1.pdf
Published: 1953-10-01

Carriage by Air (Non-International Carriage) (Colonies, Protectorates and Trust Territories) Order, 1953
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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.

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

“Governor of a territory” means the officer for the
time being administering the Government of
that territory;

* * * * * *
“the Act” means the Carriage by Air Act, 1932;

* * * * * *
“territory” means any of the territories to which this

Order applies in accordance with the provisions
of Article 7 of this Order.

(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. Subject to the provisions of Article 5 of this
Order, the provisions of the First Schedule to the Act,
adapted and modified as set out in the Second Schedule to
this Order, shall apply to all carriage by air, not being
international carriage by air as defined in the First
Schedule to the Act.

4. The provisions of subsections (4) and (5) of
section one of the Act, adapted and modified as set out in
the First Schedule to this Order, shall apply to the carriage
by air specified in Article 3 of this Order.

5. The Governor of a territory may by writing direct
that the provisions (in whole and not in part) of this Order, in
relation to that territory, shall not apply to any carriage by air,
or to any class of carriage by air, and any such direction may
be expressed to be, and if so expressed shall take effect,
subject to any conditions or limitations which in the
circumstances of the case appear to the Governor to be
required.

6. ......

Interpretation.

S.I. 1955/710.

52 & 53 Vict.
c. 63.

Application of
First Schedule to
Carriage by Air
Act, 1932, to
non-international
carriage.

Application of
section 1(4) and
(5) of Carriage by
Air Act, 1932, to
non-international
carriage.

Power to restrict
application of
Order.

Application of
Article 5 of the
Order to the East
African
Territories.

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7. This Order shall apply to the territories
mentioned in the Fourth Schedule to this Order.

FIRST SCHEDULE (Article 4)
Section 1 — (4) Any liability imposed by Article 17 of

the First Schedule to the Act as applied by this Order 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 of the Second Schedule to the Act adapted and
modified as set out in the Third Schedule to this Order 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.

(5) Any sum in francs mentioned in Article 22 of the
First Schedule to the Act as applied by this Order 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.

SECOND SCHEDULE (Article 3)

CHAPTER I
SCOPE

1. (1) This Schedule applies to all carriage of passengers,
luggage or cargo performed by aircraft for reward. It applies
equally to gratuitous carriage by aircraft performed by an air
transport undertaking.

2. (2) This Schedule does not apply to the carriage of
postal packets performed under the terms of any international
postal convention nor to the carriage of postal packets as defined
in the Post Office Acts, 1908 to 1840 5(d),

CHAPTER II
DOCUMENTS OF CARRIAGE: AIR CONSIGNMENT NOTE

5. (1) Every carrier of cargo has the right to require the
consignor to make out and hand over to him an air consignment
note.


5 8 Edw. 7. c. 48; 5 & 6 Geo. 5. c. 82; 10 & 11 Geo. 5. c. 40; 25 & 26 Geo. 5. c. 15; 3

& 4 Geo. 6. c. 25.

Application of
Order.

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(2) The absence or loss of this document does not affect
the existence or the validity of the contract of carriage which
shall be none the less governed by the provisions of this
Schedule.

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

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

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

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

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

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 cargo by withdrawing it at the aerodrome
of departure or destination, or by stopping it in the course of the
carriage on any landing, or by calling for it to be delivered at the
place of destination or in the course of the carriage to a person
other than the original consignee or by requiring it 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 not reasonably practicable to carry out the
orders of the consignor the carrier must so inform him forthwith.

(3) 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
air consignment note, if any, or the cargo, or if he cannot be
communicated with, the consignor resumes his right of
disposition.

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

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

(3) If the carrier admits the loss of the cargo, or if the
cargo has not arrived at the expiration of seven days after the
date on which it 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 and 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 special contract in writing between the parties.

16. (1) The consignor must furnish such information and
documents as are necessary to meet the formalities of customs,
octroi or police, before the cargo can be delivered to the
consignee. The consignor is liable to the carrier for any damage
occasioned by the absence, insufficency or irregularity of any
such information or documents, unless the damage is due to the
fault of the carrier or his servants or 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 luggage
or any cargo, if the occurrence which caused the damage so
sustained took place during the carriage by air.

(2) The carriage by air within the meaning of the
preceding paragraph comprises the period during which the
luggage or cargo is 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.

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(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 trans-shipment, 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 cargo to the
extent of the amount of any such damage which may be proved
to have been sustained by reason of such delay or of an amount
representing double the sum paid for the carriage, whichever
amount may be the smaller:

Provided that —
(i) the carrier may by special contract in writing expressly

exclude, increase or decrease the limit of his liability as
above provided; and

(ii) nothing in this Article shall be deemed to affect any rule of
law relating to remoteness of damage.
20. (1) The carrier is not liable if he proves that he and

his servants or agents have taken all reasonable measures to
avoid the damage or that it was not reasonably possible for him
or them to take such measures.

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) Subject to the provisions of paragraph (4) of this
Article, in the carriage of passengers the liability of the carrier in
respect of injury to (including injury resulting in the death of)
any passenger is limited to the sum of 125,000 francs. In a case
where damages are awarded in the form of periodical payments,
the equivalent capital value of the said payments shall not
exceed 125,000 francs.

(2) Subject to the provisions of paragraph (4) of this
Article, in the carriage of luggage of which the carrier takes
charge and of cargo the liability of the carrier in respect of
destruction, loss or damage is limited to a sum of 250 francs per
kilogram.

(3) Subject to the provisions of paragraph (4) of this
Article, as regards objects of which the passenger takes charge
himself the liability of the carrier in respect of destruction, loss
or damage is limited to 5,000 francs per passenger.

(4) With respect to the carriage referred to in paragraphs
(1), (2) and (3) of this Article, the carrier and the passenger or
the carrier and the consignor, as the case may be, may by special
contract in writing agree to a limit of liability higher than that
specified in those paragraphs.

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(5) The sums mentioned above shall be deemed to refer
to the French franc consisting of 65½ milligrams of gold of
millesimal fineness 900. These sums may be converted into any
national currency in round figures.

23. Any provision in a contract of carriage tending to
relieve the carrier of liability or to fix a lower limit than that
which is laid down in this Schedule otherwise than in
accordance with the provisions of this Schedule 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 Schedule.

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 Schedule.

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

25. (1) The carrier shall not be entitled to avail himself
of the provisions of this Schedule which exclude or limit his
liability, if the damage is caused by his 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 servant or agent of the carrier acting within the
scope of his employment unless the carrier proves that the wilful
misconduct of his servant or agent took place without his actual
fault or privity.

26. (1) Receipt by the person entitled to delivery of
luggage or cargo without complaint is prima facie evidence that
the same has been delivered in good condition and in accordance
with the contract 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 cargo. In the case of delay the complaint
must be made at the latest within fourteen days from the date on
which the luggage or cargo has been placed at his disposal.

(3) Every complaint must be made by 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 Schedule
against those legally representing his estate.

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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, each carrier who accepts passengers,
luggage or cargo shall be bound by the provisions of this
Schedule, 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 cargo, 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 Schedule apply only to the carriage by air.

(2) Nothing in this Schedule shall prevent the parties in
the case of combined carriage from agreeing to special
conditions parties purport to infringe the rules laid down by this
Schedule by deciding the law to be applied shall be null and
void. Nevertheless for the carriage of cargo arbitration clauses
are allowed, subject to this Schedule.

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

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THIRD SCHEDULE

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 enforce-
able, but only one action shall be brought 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 territory or, not being domiciled there,
express a desire to take the benefit of the action.

3. Subject to the provisions of the next succeeding
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) directs.

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 Schedule to the Act as applied by this Order limiting
the liability of a carrier and of any proceedings which have been,
or are likely to be, commenced outside the territory in respect of
the death of the passenger in question.

FOURTH SCHEDULE (Article 7)

TERRITORIES TO WHICH THIS ORDER APPLIES

The Bahamas
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