s.3Interpretation of terms applicable generally
3
Section 3Part 2 — General principles of interpretation

Interpretation of terms applicable generally

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In this Law and in all Orders in Council, Laws, proclamations, regulations, rules, bye-laws, orders, directions, notices, forms and other instruments of a public character relating to the Islands, now in force or hereafter to be made, the following words and expressions shall have the meanings hereby assigned to them respectively, unless there is something in the subject or context inconsistent with such construction, or unless it is therein otherwise expressly provided — “Act” used with reference to legislation includes an Act of the Imperial Parliament; “act” used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to illegal omissions; “affidavit” includes any document in relation to which an affirmation or declaration has been made by any person allowed by law to affirm or to declare instead of swearing; “British possession” means any British Dependent Territory, Colony or protectorate, or any protected state, or any territory in respect of which a Mandate is being exercised by Her Majesty’s Government in the United Kingdom or the Government of any part of Her Majesty’s dominions; “Christian name” means any name prefixed to a surname, whether received in Christian baptism or otherwise; “coin” means any coin legally current in the Islands; “commencement”, used with reference to a Law, means the time at which the Law comes into operation; “common law” means the common law of England; “constable” means any officer, sub-officer or member of the Royal Cayman Islands Police Force; “consul” or “consular officer” includes Consul-General, Consul, Vice-Consul, Consular Agent and any person for the time being authorised to discharge the duties of a Consul-General, Consul or Vice-Consul; “contravene”, in relation to any requirement or condition prescribed in any Law, or in any permit, licence or other authority granted under any law, includes a failure to comply with that requirement or condition; “court” means any court of the Islands of competent jurisdiction; “court of summary jurisdiction” means a court established by section 3 of the Summary Jurisdiction Law [Law 10 of 1975]; “Crown Agents” means the persons for the time being acting as Crown Agents for Overseas Governments and Administrations in England, or any of them; “Dependent Territory” or “Colony”, used with reference to any place other than the Islands, includes a British Protectorate or protected state and any territory under British mandate; “financial year” means the twelve months ending the 31st December in any year; “Gazette” means a Government Notice; “gazetted” means published by Government Notice; “Government” means the Government of the Islands; “Governor” means the person for the time being holding the office of Governor of the Islands, and includes any person for the time being lawfully performing the functions of that office under section 1 of Schedule 2 to the Cayman Islands (Constitution) Orders 1972 to 1993 [U.K.S.I.’S 1972/1101; 1984/126;1987/2199, 1992/226 and 1993/3143], and to the extent to which a Deputy appointed under section 4 of Schedule 2 to the Cayman Islands (Constitution) Orders 1972 to 1993 is authorised to act, that Deputy; “Governor in Council” means the Governor acting in accordance with the advice of the Executive Council of the Islands; “Grand Court” means the Grand Court constituted under section 49H of Schedule 2 to the Cayman Islands (Constitution) Orders 1972 to 1993; “His Majesty”, “Her Majesty”, “the King”, “the Queen” or “the Crown” means His Majesty the King or Her Majesty the Queen, the Sovereign for the time being of Great Britain and Northern Ireland and the British dominions beyond the seas, and includes the predecessors and the heirs and successors of such King or Queen; “house” includes every messuage, part of a messuage, house, part of a house, building or other construction, whether wholly or in part above or below the surface of the ground, inhabited or occupied either by day or by night by man, whether beneficially or otherwise, or intended to be so inhabited or occupied; “Imperial Act” means an Act passed by the Imperial Parliament and assented to by Her Majesty; “Imperial Parliament” or “Parliament” means the Parliament of the United Kingdom; “the Islands” means the Cayman Islands; “a Justice” or “a Justice of the Peace” means a person appointed by the Governor to be a justice of the peace for the Islands; “land” and “premises” includes all tenements or hereditaments, and also all messuages, houses, buildings or other constructions, whether the property of Her Majesty, her heirs or successors, or of any corporation or private individual, except where there are words to exclude houses and other buildings; “Law” includes any Order in Council; “Magistrate” has the meaning assigned to it in the Summary Jurisdiction Law [Law 10 of 1975]; “oath” includes affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing; “to occupy” includes, in addition to its ordinary signification, to use, inhabit, possess or enjoy the premises in respect whereof that verb is used, otherwise than as a mere servant and for the mere purpose of the care, custody and charge thereof; “Order in Council” means any prerogative Order of the Sovereign in Council applicable exclusively to the Islands; “person” includes any corporation, either aggregate or sole, and any club, society, association or other body, of one or more persons; “prescribed” means prescribed by the Law in which the word occurs or by any regulations made thereunder, and, in relation to any regulations, where no other authority is empowered in that behalf in the Law, prescribed by the Governor in Council; “proclamation” means a proclamation of the Governor under the Public Seal; “property” includes money, goods, things in action, land and every description of property, whether real or personal; also obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined; “public general holiday” means any day which under the provisions of any Law for the time being in force is, is declared to be or is proclaimed as a public general holiday; “public place” includes every public highway, street, road, square, court, alley, lane, bridleway, footway, parade, wharf, jetty, quay, bridge, public garden or open space and every theatre, place of public entertainment of any kind or other place of general resort, admission to which is obtained by payment, or to which the public have access; “recorded”, used with reference to a document, means recorded under the provisions of the Law applicable to the recording of such document; “Public Seal” means the Public Seal of the Islands; “registered”, used with reference to a document, means recorded under the provisions of the Law applicable to the registration of such document; “regulations” include rules, bye-laws, proclamations, orders, schemes, notifications, directions, notices and forms; “rules of court” when used in relation to any court, means rules made by the authority having for the time being power to makes rules or orders regulating the practice and procedure of such court; “sell” includes exchange and barter; “Secretary of State” means one of Her Majesty’s Principal Secretaries of State for the time being; “ship” means every description of vessel used in navigation not exclusively propelled by oars; “sign”, with reference to a person who is unable to write his name, includes “mark”; “Statute” includes an Act of the Imperial Parliament; “street” or “road” includes any public highway, street, road, thoroughfare, square, court, alley, lane, bridleway, footway, parade, passage, or open place used or frequented by the public, or to which the public have or are permitted to have access; “summarily”, “in a summary manner” or “on summary conviction” means respectively before a court of summary jurisdiction; “swear” includes to affirm or to declare in the case of any person allowed by law to affirm or to declare instead of swearing; “United Kingdom” means Great Britain and Northern Ireland; “vessel” includes any ship, boat, lighter or other floating craft used for transport by water; “voluntary declaration” or “statutory declaration” if made — (a) in the Islands means a declaration made under the Voluntary Declarations Law (Revised – 1978 Revision); (b) in the United Kingdom or any British possession beyond the Islands means a declaration made before a justice of the peace, notary public or other person having authority therein under any law for the time being in force to take or receive a declaration; and (c) in any other place, means a declaration made before a British Consul or Vice-Consul, or before any person having authority under any Act of Parliament for the time being in force to take or receive a declaration; “will” includes codicil; “writing” includes printing, lithography, typewriting, photography and other modes of representing or reproducing words or figures in visible form; and “year” and “month” mean respectively a year or a month reckoned according to the British calendar.
Every local law of the Islands shall be carried out and applied according to the plain reading, and not according to any private construction, and any private construction influencing a decision in any case shall be deemed a sufficient cause for appeal or new trial or counter prosecution.
It is hereby declared that the Cayman Islands are comprised of Grand Cayman, Cayman Brac and Little Cayman; and any reference in any Law, enactment or other instrument of a public nature to the Islands or any of them shall be a reference to them or it by name, and by no other designation.

Defined Terms

ActactaffidavitBritish possessionChristian namecoincommencementcommon lawconstableconsulcontravenecourtcourt of summary jurisdictionCrown AgentsDependent Territoryfinancial yearGazettegazettedGovernmentGovernorGovernor in CouncilGrand CourtHis MajestyhouseImperial ActImperial Parliamentthe Islandsa JusticelandLawMagistrateoathto occupyOrder in Councilpersonprescribedproclamationpropertypublic general holidaypublic placerecordedPublic Sealregisteredregulationsrules of courtsellSecretary of StateshipsignStatutestreetsummarilyswearUnited Kingdomvesselvoluntary declarationwillwritingyearmonth

Cross References