Tag Archives: Halsbury Chambers

ILN Today Post

Privy Council criticizes the Quieting Titles Act

In December 2012, the highest court in the Bahamian judicial system, the Privy Council,
criticized the Quieting Act of 1959 and expressed concerns that the Act can be used to steal
land and emphasized that it was “no accident” that they have heard numerous title disputes from The Bahamas.

By way of background, many families in The Bahamas have lived or occupied a parcel of land all of their lives without having documentary title to the land and everyone in the settlement is aware of such occupation. In many instances, these families have occupied or have been in possession of the parcel since their great grand parents, grand parents and hence the terminology “generation land”. However these persons do not have legal title to such parcels and, hence, should they wish to sell the parcel or try to obtain a mortgage from a local bank they are unable to produce a document that equates to what is good and marketable documentary title. More…

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ILN Today Post

Gambling in The Bahamas

The topic of Gambling or Gaming has been splashed in numerous headlines in The  Bahamas recently such as Referendum is unclear, forced and flawed, and Mixed Views on Gambling Referendum and the referendum has been postponed to the 28th January, 2013 when it is hoped that the referendum adequately captures the voice of the people on the subject. The referendum will pose two questions to the Bahamian people at large, “Do you support the regulation and taxation of web shop Gaming and do you support the establishment of a National Lottery?” No one can dispute that Gaming in The Bahamas is a vice that needs to be curbed, that presently a number of illegal number houses operate openly, seemingly without restriction and without frequent harsh sanctions imposed. Despite the present status quo, surprisingly, Gaming in The Bahamas is regulated by the
Lotteries and Gaming Act, Chapter 387, which by its long title is an Act to regulate Lotteries and Gaming and for matters connected therewith or incidental thereto. More…

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ILN Today Post

Halsbury Chambers Bulletin: New Laws for our Neighbours to the North (USA)

As we enter the New Year, we thought it interesting to look at some of the new laws that came into effect on the 1st January 2013, for our neighbors to the north.

Sex offenders can no longer hand out Halloween candy in Illinois.

Prison workers and officers are forbidden from engaging in sexual acts with prisoners in California.

In California coaches and administrators in K-12 schools, as well as higher education employees are required to report suspected child abuse. More…

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ILN Today Post

HC Newsletter – Inside the Chamber December 2012

As we come to the close of 2012, we take time to reflect on the past year. A year that for most was extremely difficult. The continued depressed state of the economy, crime and the fear of crime in our beloved country and the many social ills that continue to plague our nation have caused us to wonder if things will get better! We remember those who have departed this earth and those who are ill, the homeless and persons who can’t find food to feed their families. We think about the unrest in other nations and indeed the recent massacre in Connecticut. Celebrating and rejoicing seem to be the furthest things from ones mind!! More…

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ILN Today Post

Amendments to The Stamp Act & The Real Property Tax Act

In The Bahamas when one is selling and buying property they must not only factor in the funds from the sale or the purchase price, but must consider the additional costs associated with the transaction. The purchaser would be responsible for paying some or all of the Stamp Taxes and the vendor is normally responsible for paying Real Property Taxes before completing the transaction.

Recently, both the Stamp Act and the Real Property Tax Act have been amended, which took effect on the 1st July, 2012. More…

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ILN Today Post

Amendments to The Stamp Act & The Real Property Tax Act

In The Bahamas when one is selling and buying property they must not only factor in the funds from the sale or the purchase price, but must consider the additional costs associated with the transaction. The purchaser would be responsible for paying some or all of the Stamp Taxes and the vendor is normally responsible for paying Real Property Taxes before completing the transaction. Recently, both the Stamp Act and the Real Property Tax Act have been amended, which took effect on the 1st July, 2012. More…

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ILN Today Post

Frequently Asked Questions: Enforcing Judgments

1. How can a money judgment be enforced?

There are several ways a money judgment can be enforced, which include a Writ of Fieri Facias, Writ of Possession, Garnishee Proceedings, and Committal Proceedings.

2. What is a Writ of Fieri Facias?

A Writ of Fieri Facias (Writ of Fi Fa) is a Writ of Execution that enforces a judgment or order for the payment of money. It directs the Provost Marshal to seize the judgment debtor’s goods, chattels and other property authorized by law and to sell same to satisfy the amount of the judgment debt, costs of execution and interest. More…

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ILN Today Post

The Competitive Edge in The Bahamas: The Trustee Amendment Act (2011)

Upon the creation of a trust, the trustees become the legal owners of the trust property. In addition, a fiduciary relationship is created between the trustee and the beneficiary. As a result, the office of trusteeship is onerous and carries with it a certain standard of care, various powers and duties. In The Bahamas a Trustee’s relationship with the settlor, beneficiaries, trust property and the trust itself is governed by the Trustee Act, 1998 together with the Trustee Amendment Act 2011 which came into effect on the 30th December, 2011. More…

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Spousal Permits & the Rights of Bahamian Women

Quite recently, amendments to the Immigration Act Chapter 191, section 30, Subsections 2, 3 and 4 were introduced as touching the distribution of spousal permits to spouses of Bahamian nationals.

As it applies today, for the fee of  $350.00 (including processing fee), foreign spouses of Bahamian nationals may apply for a Resident Spouse Permit, which would permit them to legally live and work in The Bahamas, provided that they live with their Bahamian spouse and would have been married for less than five years, at the time of application. This provision (implemented February 3rd 1997) was intended to reduce the number of applications for citizenship and to give foreign spouses of Bahamians a ‘trial
period’ as it were, to confirm, as best as could happen, that the marriage was legitimate and not contrived out of convenience. More…

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ILN Today Post

The Hotels Encouragement Act

Are you seeking to establish a new hotel, residential club or owner occupied rental home in The Bahamas? Or are you the owner of an existing hotel, residential club or owner occupied rental home and would like to remodel, refurnish re-equip or extend same? Or are you thinking about investing your money in a new or existing restaurant or shop in a hotel or in a tourist area which sells goods to tourist? All of the above sounds so wonderful and lovely. But wait!!!! Hold on!!!! One more thought involved. How will I afford same? What about all the cost and expenses involved in same? More…

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