Abutments Act (Cap. 270)

ABUTMENTS [CH.270 – 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS ABUTMENTS CHAPTER 270 ABUTMENTS ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Empowers proprietors of certain lots of land to build out abutments. 4. Director of Public Works to grant certificates of abutments being properly built — right of ownership vested. 5. Right of ownership conferred on persons who have already built out abutments. 6. Restriction on buildings. 7. Repair of abutments. 8. Minister to cause public abutments to be built out, etc., and to have public slips filled in-power to defray all expenses. 9. Abutments, slips and other public grounds placed under supervision of the minister. 10. Minister empowered to sanction the erection of staircases. ABUTMENTS [CH.270 – 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CHAPTER 270 ABUTMENTS An Act to improve the Harbour of Nassau and to afford greater facilities for repairing vessels that have sustained damage and for other purposes. [Commencement 30th March, 1864] 1. This Act may be cited as the Abutments Act. 2. In this Act, unless the context otherwise requires — “Minister” means the Minister responsible for Abutments. 3. The proprietors of the several lots of land fronting northwardly on Bay Street, in the City of Nassau, and situate between Parliament Street to the east, and Fleming Square to the west, shall have, and they are hereby respectively invested with, full power and authority to build out the abutments now lying in front of their respective lots into the Harbour of Nassau to such an extent as will bring the northern boundary of such abutments in a line with the northern boundary of the main public abutment. 4. Upon the completion of any abutment under the authority of section 3 of this Act, the same shall be inspected by the Director of Public Works, and if that officer shall find that the same has been properly built in the line by this Act designated, and is securely faced at the northern extremity and at all other portions thereof which abut in any way on the Harbour of Nassau, with blocks of stone of adequate size and quality, it shall be the duty of such officer to grant a certificate thereof under his hand, signed in the presence of one or more credible witness or witnesses, and upon such certificate being recorded in the Registry of Records, the entire lot, including as well the original portions as that extended under the provisions of this Act, shall be and become freehold property, and shall vest as such in the legal owner of the lot of land in front of which it is situate, with the right in such legal owner and his heirs to alienate the same, or any part thereof, separate and apart from the lot of land in front of which it is 5 of 1864 21 of 1869 14 of 1917 G.N. 7(19)/1964 E.L.A.O., 1974 5 of 1987 Short title. Interpretation. E.L.A.O., 1974. Empowers proprietors of certain lots of land to build out abutments. Director of Public Works to grant certificates of abutments being properly built — right of ownership vested. CH.270 – 4] ABUTMENTS STATUTE LAW OF THE BAHAMAS [Original Service 2001] situated; but the freehold right hereby granted shall be subject nevertheless to the restrictions hereinafter by this Act imposed. 5. Any proprietor of an abutment, situate within the limits aforesaid, who may have, prior to the passing of this Act, built out his abutment in the line by this Act designated, shall be entitled to the privileges by this Act conferred on, and vested in, the proprietors of abutment lots, on his obtaining and recording the certificate afore said, and thenceforth such abutment shall for all purposes be deemed and taken to be an abutment built out under the provisions of this Act. 6. (1) The proprietor of any abutment lot who desires to erect a building on more than one half of the southern frontage thereof shall, before commencing to erect any such building — Notice of intended erection to be given to the Minister. (a) give notice in writing to the Minister of such intention and shall specify in such notice the proposed extent, style of architecture and size of such building and the materials of which it is intended to be constructed; (b) pay into the Treasury for payment into the Consolidated Fund, the sum of fifty dollars per foot for every foot in excess of one half of the southern frontage of such abutment lot. (2) Upon the payment into the Treasury under paragraph (b) of subsection (1) of this section there shall be vested in the Minister in trust for the public a full and free right of way of twenty-five feet in width to go, pass and repass at all times and for all purposes with or without horses, carts, drays or carriages or other vehicles laden or unladen along, over and upon that portion of the abutment lot in respect of which such payment is made which fronts upon the Harbour of Nassau, if such abutment lot has been already extended in accordance with the provisions of this Act. (3) Nothing herein contained shall be read or construed so as to allow any person to erect any building on any such abutment lot without having first obtained the sanction of the Minister as to the proposed extent, style of architecture and size of such building and the materials of Right of ownership conferred on persons who have already built out abutments. Restriction on buildings. 14 of 1917, s. 3. G.N. 7(19)/1964. Payment to be made to Treasury. 5 of 1987, Sch. Right of way to be reserved or covenanted for. The Minister to sanction material and size of building. ABUTMENTS [CH.270 – 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS which it is intended to be constructed, or to erect a building of extent, style of architecture, size or materials different from that sanctioned by the Minister. 7. It shall be the duty of the owner of every abutment extended under the authority of this Act to keep all portions thereof abutting in any way on the harbour in a perfect state of repair to the satisfaction of the Minister; and if any owner shall neglect to do so, it shall be lawful for the Minister, and he is hereby required, to cause all necessary repairs from time to time to be made, and the cost thereof shall be a charge on the abutment in respect of which the same was incurred, and payment thereof may be enforced either by action at law against the owner of the abutment or by warrant of distress, to be issued and executed in the same manner as warrants of distress for rents in arrear are issued and executed. 8. It shall be lawful for the Minister to cause the several public abutments in New Providence to be built out to the extent and in the line by this Act designated; and also to fill up the several public slips, and to extend them as abutment lots in manner aforesaid, and from time to time and at all times to keep the same properly faced and secured and in a complete state of repair; and it shall be lawful for the Minister to defray all expenses incurred under this section out of the Consolidated Fund by warrant in the usual manner. 9. The several public abutments and slips herein before referred to, and all other public grounds in New Providence which are not specially placed by some Act under other supervision, shall be and the same are hereby placed in charge of the Minister, and the Minister shall have and he is hereby invested with full power and authority to make rules regulating the use of such abutments, slips and other public grounds, and to impose penalties for the violation of such rules. 10. It shall be lawful for the Minister, and he is hereby authorised and empowered to sanction the erection of staircases, of such materials and proportions as the Minister may approve, alongside of the outer walls of any building now standing, or which may hereafter be erected upon the abutments extended under the provisions of this Act, so that no part of such staircase shall extend into and intrude upon any public street, road or highway. Repair of abutments. Minister to cause public abutments to be built out, etc., and to have public slips filled in-power to defray all expenses. Abutments, slips and other public grounds placed under supervision of the Minister. Minister empowered to sanction the erection of staircases. 21 of 1869, s. 1.