Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697640383658.pdf (Bahamas)
DECLARATORY [CH.4– 1 DECLARATORY CHAPTER 4 DECLARATORY LIST OF AUTHORISED PAGES LRO 1/2006 1 – 6 ARRANGEMENT OF SECTIONS SECTION 1.

2.

3.

4.

5.

6.

Short title.

Common law of England, with certain exceptions, declared in force.

Acts of Parliament in force.

Acts of Parliament relative to prerogatives of the Crown declared in force.

Rule of construction of extended Statutes.

Penalties on persons offending against extended Statutes.

SCHEDULE.
SCHEDULE.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS LRO 1/2006 DECLARATORY [CH.4– 3 CHAPTER 4 DECLARATORY An Act to declare how much of the Laws of England are practicable within The Bahamas and ought to be in force within the same.

2 of 1799 26 of 1925 1 of 1957 1 of 2003 [Commencement 2nd December, 1799] 1.

This Act may be cited as the Declaratory Act.

Short title.

2.
Short title.

2.

The common law of England, in all cases where the same hath not been altered by any of the Acts or Statutes enumerated in the Schedule to this Act or by any Act (except so much thereof as hath relation to the ancient feudal tenures, to outlawries in civil suits, to the wager of law or of batail, appeals of felony, writs of attaint and ecclesiastical matters), is, and of right ought to be, in full force within The Bahamas, as the same now is in that part of Great Britain called England.

3.
3.

(1) The Acts and Statutes enumerated in the first part of the Schedule to this Act are, and of right ought to be, in full force and virtue within and throughout The Bahamas, as the same would be if The Bahamas were therein expressly named, or as if the aforesaid Acts and Statutes had been made and enacted by Parliament.
(2) It is hereby declared that the Acts and Statutes enumerated in the first and second columns of the second part of the Schedule to this Act are, in accordance with the provisions of the enactments set out in the third column of the said second part, similarly in full force and effect throughout The Bahamas.

Common law of England, with certain excep- tions, declared in force.

Acts of Parliament in force.

1 of 1957, s. 6.


(3) The Acts and Statutes enumerated in the said Schedule shall be construed subject to any amendments made to them or to the said enactments by the Statute Law Revision Act, 1925, or by any other enactment of Parliament.

1 of 1957, s. 6.

26 of 1925.


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS LRO 1/2006 CH.4 – 4] DECLARATORY Acts of Parlia- ment relative to prerogatives of the Crown declared in force.

Rule of construc- tion of extended Statutes.

Penalties on per- sons offending against extended Statutes.

4.
All and every the Acts and Statutes, and parts of Acts and Statutes, of the Parliament of England, or of the Parliament of Great Britain, which the prerogatives of the Crown, or to the allegiance of the people; also, such as declare the rights, liberties, and privileges of the subject, are, and of right ought to be, of full force and virtue within The Bahamas, as the same would be if The Bahamas were therein expressly named, or as if the aforesaid Acts and Statutes had been made and enacted by Parliament.
relate to 5.

The several Acts and Statutes hereby declared to be in force shall be taken, construed and executed liberally, and according to the substantial effect and meaning of the same: And nothing herein contained shall extend, or be construed to extend, to abridge, alter or repeal, any Act, or any article, clause, matter or thing therein contained.

6.
All persons offending against any of the Acts or Statutes which have hereby been declared to be in force within The Bahamas, shall suffer the same pains, penalties and forfeitures as such persons would be liable to for such offence if committed in England; and all fines, penalties and forfeitures imposed by any of the aforesaid Acts or Statutes shall and lawfully may be prosecuted, sued for, imposed, recovered and levied in the Supreme Court, or other court of corresponding jurisdiction, mutatis mutandis, as the case may be.
STATUTE LAW OF THE BAHAMAS LRO 1/2006 DECLARATORY [CH.4– 5 SCHEDULE (Section 3) PART I ACTS AND STATUTES OF THE PARLIAMENT OF ENGLAND AND OF THE PARLIAMENT OF GREAT BRITAIN EXTENDED TO THE BAHAMAS BY 2 OF 1799 1 of 2003 Acts and Statutes.

Subject 13 Elizabeth I. c. 5 27 Elizabeth I. c. 4 29 Charles II.

c. 3 31 Charles II.

c. 2 4 William & Mary c. 16 8 Anne c. 14 9 Anne c. 14 4 George II.

c. 28 7 George II.

c. 20 11 George II.


c. 19 Fraudulent Gifts Fraudulent Conveyances Statute of Frauds Habeas Corpus Clandestine Mortgages Landlord and Tenant Gaming Landlord and Tenant (No.

2) Mortgages Distress for Rent (No.

2) Chapter in this Edition 149 150 154 63 151 161 388 162 156 165 NOTE .— This Act declared 207 Acts and Statutes in force in The Bahamas.

Subsequent legislation has reduced this number to 10.
Each of these Acts and Statutes is inserted in its appropriate title and numbered as a chapter of this Edition as indicated above.

PART II ACTS AND STATUTES OF THE PARLIAMENT OF ENGLAND AND OF THE PARLIAMENT OF GREAT BRITAIN AND OF THE PARLIAMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND EXTENDED TO THE BAHAMAS SINCE THE ENACTMENT OF THE DECLARATORY ACT 2 OF 1799 AND STILL IN FORCE Subject Extending Act.

Chapter in this Edition.

Distress for Rent 10 of 1872 Acts and Statutes.

Extended.
Extended.

2 William & Mary Sess.

1. c. 5 57 George III.

c. 52 2 & 3 William IV.

c. 71 4 & 5 William IV.
c. 22 6 & 7 Victoria c. 96 8 & 9 Victoria c. 106 13 &14 Victoria c. 28 18 & 19 Victoria c. 43 Deserted Tenements Prescription Rent Apportionment Libel Real Property Trustees Appointment Infants’ Settlements 10 of 1872 9 of 1846 10 of 1872 8 of 1847 9 of 1846 14 of 1903 23 of 1860 23 of 1860 23 of 1860 18 & 19 Victoria c. 111 Bills of Lading 19 & 20 Victoria c. 97 Mercantile Law Amendment 164 166 158 167 72 169 174 136 332 334 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS LRO 1/2006 CH.4 – 6] DECLARATORY 22 & 23 Victoria c. 35 Law of Property 23 of 1860 33 & 34 Victoria c. 35 Apportionment 10 of 1872 34 & 35 Victoria c. 79 Lodgers’ Goods 10 of 1872 45 & 46 Victoria c. 61 Bills of Exchange 5 of 1892 52 & 53 Victoria c. 49 Arbitration 53 & 54 Victoria c. 19 Trustees Appointment 20 of 1899 14 of 1903 170 168 292 335 180 175 NOTE: Each of these Acts and Statutes is inserted in its appropriate title and numbered as a chapter of this Edition as indicated above.
There are in addition certain Acts of the United Kingdom Parliament that apply in or may be applied to The Bahamas by virtue of their own provisions.

These are not printed in this Edition, but a reference is made to them at the end of the Table of Statutes in the Supplementary Volume.

STATUTE LAW OF THE BAHAMAS LRO 1/2006