IV – 292] LAND TITLE (CARMICHAEL VILLAGE)

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

LAND TITLE (CARMICHAEL VILLAGE) Act No. 18 of 1968

LAND TITLE (CARMICHAEL VILLAGE) An Act to provide for the investigation, confirmation

and vesting of title to certain lands in The Bahamas and for matters connected therewith.

[Commencement 16th July, 1968] 1. This Act may be cited as the Land Title (Carmi-

chael Village) Act. 2. In this Act, unless the context otherwise requires — “claim of the Crown” means the claim by the Crown

to be the legal and beneficial owner of the Scheduled land;

“Commissioner” means the Commissioner appointed under section 3 of this Act;

“Minister” means the Minister responsible for Crown Lands;

“objection” means an objection to the claim of the Crown made under the provisions of this Act and

“objector” means a person making an objection; “preliminary plan” means the plan prepared by the

Crown Lands Officer under section 4 of this Act; “Scheduled land” means the area in the vicinity of

Carmichael Village in the Island of New Provi- dence described and bounded in the manner set out in the First Schedule.

3. The Governor-General may on the advice of the Chief Justice appoint a person to be the Commissioner for the purposes of this Act:

Provided that no person shall be so appointed unless he holds or has held high judicial office or is qualified under the provisions of the Supreme Court Act to be appointed to be a judge of the Supreme Court.

18 of 1968 E.L.A.O., 1974

Short title.

Interpretation.

E.L.A.O., 1974.

First Schedule.

Appointment of Commissioner.

Ch. 53.

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4. The Crown Lands Officer shall cause to be prepared a plan of the Scheduled land which he shall mark with the title “Carmichael Village Claim” and keep exhibited or available for inspection by the public free of charge at such places and during such times as the Commissioner may direct.

5. Any person who considers that he has a better title to the Scheduled land, or any part or parts thereof, than the Crown, may make objection, in the manner provided by this Act, to the claim of the Crown.

6. Notwithstanding any other provisions of this Act, nothing in this Act contained shall affect —

(a) any lease or licence granted by the Crown since the 1st day of January 1939 and not terminated at the commencement of this Act; or

(b) any easement or profit acquired by grant from the Crown or by prescription before the commencement of this Act and then subsisting, in respect of or in, over, through or under the Scheduled land or any part or parts thereof.

7. (1) The Commissioner shall cause a notice in Form 1 in the Second Schedule to be published in accordance with the provisions of this section, declaring that the Crown claims to be the legal and beneficial owner in fee simple of the Scheduled land, stating the places where and the times at which the preliminary plans may be inspected and specifying the date by which and the place where any person claiming title to the land or any part thereof and wishing to object to the claim of the Crown may file his objection.

(2) The notice to be published under subsection (1) of this section shall be published in two newspapers circulat- ing in The Bahamas once in each of three successive weeks and in such other manner and places as to the Commis- sioner may seem fit, and the date by which any objections may be filed to be stated therein shall be a day not earlier than the last day of the period of four weeks next following the date of the last of such publications.

8. An objection shall be in the Form 2 in the Second Schedule and shall state by reference to the preliminary plan the part or parts of the land title to which is claimed by the objector, and the nature of the title claimed, and shall be accompanied by —

Preliminary plan.

Objections to Crown’s title.

Rights not affected.

Commissioner to give public notice. Second Schedule.

Form of objections, affidavits, etc.

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(a) all documents evidencing the title in the posses- sion or power of the objector or, where such documents are not in his possession or power but are recorded documents, certified copies thereof;

(b) where the objector claims such possession of the lands as would under the Limitation Acts bar the title of the Crown to the land, at least two affidavits evidencing such possession;

(c) a concise statement setting out such facts as are necessary to establish the title of the objector; and

(d) the address at which notices and documents under this Act can be served upon the objector. Second Schedule.

9. The Commissioner shall transmit to the Attorney General without delay a copy of every objection, together with copies of all documents accompanying that objection, received by him.

10. (1) So soon as may be after the expiration of the period limited for making objections in the notice published in accordance with section 7 of this Act, the Commissioner shall cause a notice to be served upon each of the objectors and upon the Attorney General, specifying the date and time when and the place where the objection will be heard.

(2) The objection shall be heard and determined by the Commissioner as nearly as may be in the same manner as if it were an originating motion made to the Supreme Court under the Rules of the Supreme Court and as if the objector and the Attorney General were parties thereto, and for that purpose the Commissioner shall have all the powers and authorities including the power to require affidavits and to take evidence upon oath, of a judge of the Supreme Court under those Rules.

11. (1) An appeal from the determination of the Commissioner of any objection shall lie to the Court of Appeal and for all purposes of the Court of Appeal Act and the Rules made thereunder any such appeal shall be deemed to be an appeal in civil proceedings from a judgment of the Supreme Court.

Copies to be sent to the Attorney General.

Hearing of objections.

Appeal.

Ch. 52.

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(2) The Registrar of the Court of Appeal shall transmit a copy of the judgment of the Court in any appeal under this section to the Commissioner.

12. After all objections made under the provisions of this Act have been determined whether on appeal or otherwise, the Commissioner shall in a report to the Minister specify —

(a) the several objections received by him indicating by reference to the preliminary plan the part or parts of the Scheduled land to which they severally relate;

(b) the manner in which every such objection has been determined, stating his decision thereon and in the event of any appeal having been made against his decision, the decision of the Court of Appeal,

and shall together with such report forward a copy of the preliminary plan certified by him and clearly indicating any part or parts of the Scheduled land in respect of which any objection to the claim of the Crown has been allowed.

13. After receiving the report of the Commissioner under section 12 of this Act, the Minister shall publish a notice in the Gazette declaring all that part of the Scheduled land in respect of which no objection to the claim of the Crown has been allowed, to be Crown Land, and on and after the date of publication of that notice the Crown shall be, for all purposes, deemed to be and to have been the legal and beneficial owner in fee simple of the land described therein and all and any competing title, interest or claim in or to any part of such land shall, subject to the provisions of this Act; cease and be extinguished.

14. Notwithstanding any other provisions of this Act the Commissioner may hear and determine any objection filed or made otherwise than in accordance with the provisions of this Act which he considers the interests of justice require him to hear and which is brought to his notice before the date on which he gives his decision in the last of all other objections.

15. Where at any time after the date of publication of the notice referred to in section 13 of this Act, it is made to appear to a judge of the Supreme Court that any person was at such date the true owner in fee simple of any part or

Report of Commissioner. E.L.A.O., 1974.

Notice to be published.

Discretionary powers of Commissioner.

Compensation.

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parts of the land described in that notice and that through no negligence or default on his part such person was unable to make, or cause to be made on his behalf, an objection to the claim of the Crown in respect thereof, such person shall be entitled to be paid in respect of such part or parts of the said land such compensation as he would have been entitled to receive had such part or parts been compulsorily acquired under the provisions of the Acquisi- tion of Land Act at the time of the publication of the notice aforesaid.

FIRST SCHEDULE (Section 2)

ALL THOSE THREE pieces or parcels of land firstly, secondly and thirdly described below situate in the vicinity of Carmichael Village and on both sides of Carmichael Road in the Western District of the Island of New Providence one of the Bahama Islands, that is to say — Firstly

ALL THAT piece or parcel of land containing Four hundred and Twenty-five (425) acres or thereabouts situate on the Southern side of Carmichael Road as aforesaid and bounded NORTHWARDLY by the said Carmichael Road SOUTHWARDLY by Miller Road or Cow Pen Road EASTWARDLY by a road Fifty (50) feet wide leading from Carmichael Road to Miller or Cow Pen Road aforesaid in the vicinity of Golden Isles Dairy and WESTWARDLY partly by the said Carmichael Road partly by Carker Hill Road and partly by lands used by the Lazaretto or howsoever else the same may abut and abound which said piece or parcel of land is shown bordered Pink on the plan on record in the Crown Lands Department and marked “Carmichael Village Claim” SAVE AND EXCEPT those areas together containing Sixty-five (65) acres or thereabouts shown coloured Blue on the said plan. Secondly

ALL THAT piece or parcel of land containing Twenty (20) acres or thereabouts situate on the Northern side of Carmichael Road as aforesaid and bounded EASTWARDLY partly by Gladstone Road and partly by lands now or late of Lawrence Lightbourne SOUTHWARDLY partly by the said Carmichael Road and partly by Adelaide Road and NORTHWARDLY and WESTWARDLY by other lands of the Crown or howsoever else the same may abut and abound which said piece or parcel of land is shown bordered Green on the plan as aforesaid SAVE AND EXCEPT those areas together containing Four (4) acres or thereabouts shown coloured Grey on the said plan.

Ch. 252.

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And Thirdly ALL THAT piece or parcel of land containing Three (3)

acres or thereabouts situate on the Northern side of Carmichael Road as aforesaid and bounded NORTHWARDLY by lands now or late of Da Costa Williams SOUTHWARDLY by the said Carmichael Road EASTWARDLY by land now or late of Harry Black and WESTWARDLY by lands now or late of the Church of England which said piece or parcel of land is shown bordered Yellow on the plan as aforesaid SAVE AND EXCEPT that area containing Sixty hundredths (.60) of an acre or thereabouts shown coloured Mauve on the said plan.

SECOND SCHEDULE

FORM 1 NOTICE OF CROWN’S CLAIM (Section 7)

The Land Title (Carmichael Village) Act. It is hereby notified that the Crown claims to be the legal and

beneficial owner in fee simple of all those three pieces or parcels of land firstly, secondly and thirdly described below situate in the vicinity of Carmichael Village and on both sides of Carmichael Road in the Western District of the Island of New Providence one of the Bahama Islands, that is to say- Firstly

ALL THAT piece or parcel of land containing Four hundred and Twenty-five (425) acres or thereabouts situate on the Southern side of Carmichael Road as aforesaid and bounded NORTH- WARDLY by the said Carmichael Road SOUTHWARDLY by Miller Road or Cow Pen Road EASTWARDLY by a road Fifty (50) feet wide leading from Carmichael Road to Miller or Cow Pen Road aforesaid in the vicinity of Golden Isles Dairy and WESTWARDLY partly by the said Carmichael Road partly by Carker Hill Road and partly by lands used by the Lazaretto or howsoever else the same may abut and abound which said piece or parcel of land is shown bordered Pink on the plan on record in the Crown Lands Department and marked “Carmichael Village Claim” SAVE AND EXCEPT those areas together containing Sixty-five (65) acres or thereabouts shown coloured Blue on the said plan. Secondly

ALL THAT piece or parcel of land containing Twenty (20) acres or thereabouts situate on the Northern side of Carmichael Road as aforesaid and bounded EASTWARDLY partly by Gladstone Road and partly by lands now or late of Lawrence Lightbourne SOUTHWARDLY partly by the said Carmichael

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Road and partly by Adelaide Road and NORTHWARDLY and WESTWARDLY by other lands of the Crown or howsoever else the same may abut and abound which said piece or parcel of land is shown bordered Green on the plan as aforesaid SAVE AND EXCEPT those areas together containing Four (4) acres or thereabouts shown coloured Grey on the said plan. And Thirdly

ALL THAT piece or parcel of land containing Three (3) acres or thereabouts situate on the Northern side of Carmichael Road as aforesaid and bounded NORTHWARDLY by lands now or late of Da Costa Williams SOUTHWARDLY by the said Carmichael Road EASTWARDLY by land now or late of Harry Black and WESTWARDLY by lands now or late of the Church of England which said piece or parcel of land is shown bordered Yellow on the plan as aforesaid SAVE AND EXCEPT that area containing Sixty hundredths (.60) of an acre or thereabouts shown coloured Mauve on the said plan.

2. A plan of the said land marked “Carmichael Village Claim” may be inspected free of charge during normal business hours at .......................................................................................................

3. Any person claiming title in fee simple to the said land or any part thereof must file a notice of his objection to the claim of the Crown with the Commissioner at............................... ........................................................................................................ ................................................... on or before the ......................... ............................................................ COMMISSIONER.

FORM 2 NOTICE OF OBJECTION (Section 8)

The Land Title (Carmichael Village) Act. To the Commissioner

Take Notice that I ..................................................of ................................................................... object the claim of the Crown to that part 7 ( or these parts or the whole as the case may be) of the Scheduled land 8 marked as lot (or lots or part of lot or parts of lots, as the case may be) on the plan marked “Carmichael Village Claim”.

2. I claim to be the legal and beneficial owner of this land (or as may be the case) by reason of (here set out the grounds on which the objector claims title e.g. documentary title or at least 30 years’ possession adverse to the true owner, etc.).

7 Delete where inapplicable. 8 "Scheduled land" is the area of the land described in the First Schedule to the Act.

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3. I attach the following documents (and copies) ................

......................................................................................................

......................................................................................................

...................................................................................................... 4. The facts relevant to my title to the said land are: ..........

......................................................................................................

.....................................................................................................

..................................................................................................... 5. My address for service is ................................................. (Signed)