SESSION OF 1884'-85.

the Bishop of the Diocese and the Principal of Codrington College by an Act of this Island passed on the fourteenth day of February one thousand eight hundred and sixty six, entitled, "An Act to vest a sum of money in the Bishop of the Diocese and the Principal of Codrington College, for establishing a Scholarship at Codrington College," and the said Bishop and Principal and other authorities of the said College desire that an Act should be passed by the Legislature to vest the said legacy in them and their successors in office upon the trusts upon which the same is bequeathed as aforesaid by the said testator John Henry Leacock; And Whereas it is deemed expedient to vest as in this Act appears, the said legacy in the said Bishop and Principal and their successors in office; 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 for all purposes as, "The Leacock Scholarships Fund Act 1885."

II. The Lord Bishop of the Diocese of Barbados and the Principal of Codrington College and their successors in office shall stand and be possessed of and interested in the said sum of one thousand pounds, when paid or transferred to them, upon and subject to all and every the trusts, powers, provisions, declarations and conditions declared and contained of and concerning the same (including the said trusts for investment and varying of securities) in and by the said Will of the said John Henry Leacock, or such of them as may from time to time be subsisting aud capable of taking effect.

Short title.

Trust fund vested

in the Bishop of Bar

bados and the Principal of Codrington College for the time being on the trusts affecting it.

Amendment

of

LAWS OF BARBADOS.

CAP. V.

(Assented to 14th January, 1885.)

BARBADOS.

An Act to amend An Act of the twenty seventh day of August one thousand eight hundred and fifty three, entitled," An Act for the limitation of actions and suits relating to real estate, and the charges thereon, and for facilitating the transfer of property," and also to amend " The Authentication of Deeds Act, 1884."

W

HEREAS it is expedient to amend the Act of the twenty seventh day of August one thousand eight hundred and fifty three, entitled, "An Act for the limitation of actions and suits relating to real esestate and the charges thereon, and for facilitating the transfer of property," (hereinafter in this Act called, "The Real Estate Act, 1853,") and also to amend "The Authentication of Deeds Act, 1884 "; Be it therefore enacted by the Governor, Council, and Asssembly of this Island, and by the authority of the same as follows;

I. Section forty six of "The Real Estate section 46 of "The Act, 1853," shall be read and construed as Real Estate Act, if the words "and the husband shall also

1853."

acknowledge the deed" were not contained therein, and as if the words "such married woman" were used therein instead of the words "parties thereto."

The said section II. In all cases in which the said section to be deemed so forty six of "The Real Estate Act, 1853," is amended in all cases incorporated with or referred to in any porated or referred enactment subsequent thereto, such enactto in any enactment. ment shall be read and construed as if the

in which it is incor

SESSION OF 1884-'85.

amendments contained in the preceding section of this Act were made prior to the passing of such enactment.

I efo: whom ac

or p

te examinations of married women residing beyond the seas may be made or taken.

III. The acknowledgment required to be made by any married woman resid- kncements by ing beyond the seas under the said section forty six of "The Real Estate Act, 1853" is amended by this Act, or any acknowledgment by or private examination of any married woman residing beyond the seas required to be taken or made under any other Act of this Island in relation to any deed or writing executed by any married woman, may be taken or made in the country, place, or state where the deed or writing is executed by such married woman before either of the officers or persons before whom the execution of any such deed or writing is authorised to be proved and authenticated in such country place or state under "The Authentication of Deeds Act, 1884," and any such acknowledgment or private examination may be certified and authenticated by such officers or persons in the same manner as such officers or persons are authorised to certify the proof and authentication of such deed or writing by "The Authentication of Deeds Act, 1884;" and every deed so acknowledged by a married woman shall be received in all Courts and places in this Island as legal evidence without any further proof.

IV. If a husband shall, in consequence of Court of Common Pleas in the case of being a lunatic, idiot, or of unsound mind, a husband being luand whether he shall have been found such natic, &c. may disby inquisition or not, or shall from any other pense with his concause be incapable of executing a deed, or if currence in any dishis residence shall not be known, or he shall position of his wife's be in prison, or shall be living apart from property.

Deeds executed be

this Act and authenticated as in this section mentioned to be valid and effec

LAWS OF BARBADOS

his wife, either by mutual consent or by sentence of divorce, or in consequence of his being transported beyond the seas, or from any other cause whatsoever, it shall be lawful for the Chief Judge of the Court of Common Pleas of this Island, by an order to be made at Chambers upon the application of the wife, and upon such evidence as to the said Chief Judge shall seem meet, to dispense with the concurrence of the husband in any case in which his concurrence is required by the "The Real Estate Act, 1853," or otherwise; and all acts or deeds to be done or executed by the wife in pursuance of such order, in regard to lands of any tenure or in regard to money subject to be invested in the purchase of lands, shall be done or executed by her in the same manner as if she were a feme sole, and when done or executed by her shall (but without prejudice to the rights of the husband as then existing independently of this Act) be as good and valid as they would have been if the husband had concurred

V. Every deed executed before the passing fore the passing of of this Act by a married woman residing in Great Britain for any of the purposes of "The Real Estate Act, 1853," and produced and acknowledged by her as tual, notwithstand her act and deed, before any of the pering section 46 of "The Real Estate sons mentioned in an Act of the Imperial Parliament made and passed in the third and fourth years of the reign of King William the fourth, chapter seventy four, entitled "An Act for the abolition of fines and recoveries and for the substitution of more simple modes of assurance," for taking acknowledgments by married women, of deeds executed by them in Great Britain,

Act, 1883."

SESSION OF 1884'-85.

and in all respects certified and authenticated by such person taking the acknowledgment, as required by the said Imperial Act, including the filing of the certificate of acknowledgment in the manner prescribed by the said Act, shall notwithstanding section forty six, of "The Real Estate Act, 1853," be as effectual to convey the lands, tenements and hereditaments therein comprised, as if the married woman executing the same had been resident in this Island, and had executed and acknowledged the same before the Chief Judge or a Commissioner of Probates of this Island, provided the husband of such married woman shall have executed the deed and his signature to the same shall have been duly authenticated, and provided that a copy of the certificate of acknowledgment by such married woman so filed, signed by the officer with whom the same shall have been filed shall be annexed to the deed, and every such deed when recorded in the Colonial Secretary's Office of this Island shail be admitted in all Courts and places in this Island, as legal evidence without any further proof; provided always that nothing herein contained shall be deemed or taken to render ineffectual any deed executed by any married woman residing in Great Britain which before the passing of this Act would have been effectual.

VI. "The Real Estate Act, 1853," may

Short titles of this

be cited by that name and style; and this and of the amended

Act may be cited as "The Real Estate Act.

Act, 1853, and The Authentication of

Deeds Act, 1884, Amendment Act, 1885."