This Actread with former Act. Short title. LAWS OF BARBADOS. and executed by, and made to the majority of the members of the said vestry in vestry assembled. IV This Act shall be read together with "The Saint Michael's Central Almshouse Act, 1880." "The Saint V. This Act may be cited as Short title. Court of Chancery no longer to have power to open biddings on sale of any property by Master of the Court except in case of fraud or improper conduct in managment of sale. CAP. XXXVI. (Assented to 15th August, 1885.) BARBADOS. An Act to declare that the Court of Chancery shall no longer have power to open biddings after sales of property made by the Master of the said Court under the direction of the said Court. W HEREAS it is expedient to declare that the Court of Chancery shall no longer have power to open biddings after sales of property made by the Master of the said Court under the direction of the said Court; Be it therefore enacted by the Governor, Council, and Assembly of this Island, and by the authority of the same, as follows; I. This Act may be cited as "The opening biddings in Chancery Prevention Act, 1885." II. The Court of Chancery shall no longer have power to open the biddings on the sale of any plantations, lands, tenements or hereditaments made by the Master of the said Court under or by virtue of any. decree or order of the said Court, and the highest bona fide bidder at such sale provided he SESSION OF 1884-'85. shall have bid a sum equal to or higher than the appraised value or reserved price (if any) shall be declared and allowed the purchaser, unless the said Court or the Vice Chancellor thereof shall, on the ground of fraud or improper conduct in the management of the sale, upon the application of any person interested in any such plantations, lands, tenements, or hereditaments or any creditor against the same (such application to be made to the said Court or Vice Chancellor before the Master's Report of the sale shall have become binding) either open the biddings, holding such bidder bound by his bidding, or discharge him from being the purchaser, and order such plantations, lands, tenements or hereditaments to be re-sold upon such terms as to costs or otherwise as the said Court or Vice Chancellor shall think fit. III. Except as aforesaid nothing in this Act contained shall affect any sale of property made by the Master of the said Court of Chancery under or by virtue of any decree or order of the said Court. CAP. XXXVII, (Assented to 15th August 1885.) BARBADOS. An Act to authorize the sale or mortgage of real estate by trustees or executors in cases where it is devised in trust charged with debts, legacies, or other sums of money and no provision is made in the will by the testator for raising the same. W HEREAS it is expedient to authorize the sale or mortgage of real estate Except as aforesaid, made under any de Act not to affect sale cree or order of Short title. Devisee in trust may raise money by sale, notwithstand ing want of express power in the will. LAWS OF BARBADOS. by trustees or executors in cases where it is devised in trust charged with debts, legacies, or other sums of money, and no provision is made in the will by the testator for raising the same; Be it therefore enacted by the Governor, Council, and Assembly of this Island, and by the authority of the same, as follows; I. This Act may be cited as "The Real Estate Devisees in Trust Disposition Act, 1885." II. Where by any will which shall come into operation after the passing of this Act the Testator shall have charged his real estate or any specific portion thereof with the payment of his debts, or with the payment of any legacy or other specific sum of money, and shall have devised the estate so charged to any trustee or trustees for the whole of his estate or interest therein, and shall not have made any express provision for the raising of such debt, legacy or sum of money out of such estate, it shall be lawful for the said devisee or devisees in trust notwithstanding any trusts actually declared by the testator to raise such debts, legacy or money as aforesaid by a sale and absolute disposition by public auction or private contract of the said hereditaments or any part thereof, or by a mortgage of the same, or partly in one mode and partly in the other, and any deed or deeds of mortgage so executed may reserve such rate of interest not exceeding six pounds per cent per annum and fix such period or periods of repayment as the person or persons executing the same shall think proper. SESSION OF 1884-'85) III. The powers conferred by the last preceding section shall extend to all and every person or persons in whom the estate devised shall for the time being be vested by survivorship, descent or devise, or to any person or persons who may be appointed under any power in the will or by the Court of Chancery to succeed to the trusteeship vested in such devisee or devisees in trust as aforesaid. Executors to have there is no sufficient devise. IV. If any testator who shall have created such a charge as is described in section power of raising two shall not have devised the heredita- money, &c., where ments charged as aforesaid in such terms as that his whole estate and interest therein shall become vested in any trustee or trustees, the executor or executors for the time being named in such will (if any) shall have the same or the like power of raising the said moneys as is hereinbefore vested in the devisee or devisees in trust of the said hereditaments, and such power shall from time to time devolve to and become vested in the person or persons (if any) in whom the executorship shall for the time being be vested; but any sale or mortgage under this Act shall operate only on the estate and interest, whether legal or equitable of the testator. Purchasers &c., as to powers. V. Purchasers or mortgagees shall not be bound to inquire whether the powers confer- not bound to inquire red by sections two, three and four of this Act, or either of them shall have been duly and correctly exercised by the person or persons acting in virtue thereof. VI. The provisions contained in sections two, three and four shall not in any way prejudice or affect any sale or mortgage already made or hereafter to be made under or in pursuance of any will coming into operation before the passing of this Act, but the Sections 2, 3, and 4 not to affect certain sales &c., nor to ex tend to devisees in fee or in tail. Short title. Punishment for falsification of accounts &c. LAWS OF BARBADOS. validity of any such sale or mortgage shall be ascertained and determined in all respects as if this Act had not passed; and the said several sections shall not extend to a devise to any person or persons in fee or in tail, or for the testator's whole estate and interest charged with debts or legacies, nor shall they affect the power of any such devisee or devisees to sell or mortgage as he or they may by law now do. CAP. XXXVIII. (Assented to 15th August 1885.) BARBADOS. An Act to amend the law with reference to the falsification of accounts. W HEREAS it is expedient to amend the law so as to punish the falsification by clerks, officers, servants, and others of their employer's accounts, books, writings or documents; Be it therefore enacted by the Governor, Council, and Assembly of this Island, and by the authority of the same as follows; I. This Act may be cited as "The Falsification of Accounts Act, 1885." II. If any clerk, officer, or servant, or any person employed or acting in the capacity of a clerk, officer, or servant, shall wilfully and with intent to defraud, destroy, alter, mutilate, or falsify any book, paper, writing, valuable security, or account which belongs to, or is in the possession of his employer, or has been received by him for, or on behalf of his employer, or shall wilfully and with intent to defraud, make, or concur in making any false entry in, or omit or alter, |