Short title.


(Assented to 19th February 1891.)

Power to direct surveys &c., of land before determining to take the same.


An Act to amend An Act entitled An Act to authorise the Governor-in-Executive Committee to take lands required for undertakings of a public nature.

E it enacted by the Governor, Council and Assembly of this Island, and by the authority of the same as follows;



1. This Act may be cited as "The Compulsory Powers (Land) Act, 1891."

Certain public 2. The Directors of the Barbados Genbodies authorised to eral Hospital, and the Vestries, Highway use the machinery Boards, and Sanitary Boards of the several for taking lands provided by the Act parishes in this Island may, in all cases in of 25th April, 1888. which they shall be authorised and empow ered to acquire lands for purposes connected with the General Hospital, or for parochial, highway, or sanitary purposes respectively, exercise the powers, and be subject to the obligations conferred and imposed by this Act on the Governor-in-Executive Committee, and may acquire such lands under the powers and subject to the obligations. conferred and imposed by this Act.

3. (1) The Governor-in-Executive Committee, or either of the bodies herein before mentioned, is hereby authorised to direct any person to survey, take levels of, or make excavations or borings in any land which it is desired to take under this Act, in order that it may be ascertained if the land is suitable for the purpose for which it is desired; provided always that


if after such survey, or after taking such levels or making such excavations borings, it shall be found that such land is not suitable, there shall be no obligation on the persons aforesaid to acquire such lands, but the persons aforesaid shall make compensation out of the public treasury, or out of any funds at their disposal respectively, and they are hereby authorised and required to make such compensation to the owner of such lands for any damage done in the execution of the powers hereby conferred; and if the amount of such compensation cannot be fixed by agreement, it shall be determined by the police magistrate of the dis


(2.) The person aforesaid may, after having given in writing three days notice of his intention so to do, enter together with his servants cr assistants, on any such lands and survey, take levels of, excavate, or bore such lands.

(3.) Any person who shall obstruct such surveyor in the execution of the powers conferred by this Act may be apprehended without warrant, and taken before a police magistrate and upon summary conviction shall be liable to a penalty not exceeding twenty pounds.

4. Section one of "The lands for public undertakings, acquisition Act, 1888," is hereby This Act to be repealed; and the preceding sections of printed as part of this Act shall be deemed to be inserted in the said Act of 1888 before section two thereof, and shall be so inserted by the Commissioners for the revision of the laws in the new edition to be prepared and issued by them.

the Act of 25th April 1888.

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(Assented to 26th February 1891.) BARBADOS.

An Act to consolidate and amend the Acts of this Island relating to wills.

E it enacted by the Governor, Council and Assembly of this Island, and by the authority of the same as follows;


Short title.


1. This Act may be cited as The Wills Act, 1891."


Definition of the

2, The words and expressions hereinafter words "will," "real mentioned, which in their ordinary signestate." and person- fication have a more confined or a different al estate, number, meaning, shall in this Act, except where gender, under this Act. the nature of the provision, or the context of the Act shall exclude such construction be interpreted as follows: (that is to say) the word "will" shall extend to a testament and to a codicil, and to an appointment by will, or by writing in the nature of a will in exercise of a power, and also to a dispo sition by will and testament, or devise of the custody and tuition of any child, and the words "real estate" shall extend to messuages, lands, rents, and hereditaments, whether freehold or of any other tenure, and whether corporeal, incorporeal, or per sonal, and to any undivided share thereof and to any estate, right, or interest (other than a chattel interest) therein; and the words " personal estate," shall extend to leasehold estate and other chattels real, and also to moneys, shares of Government and other funds, securities for moneys (not

being real estate), debts, choses in action, rights, credits, goods, and all other property whatsoever, which by law devolves upon the executor or administrator, and to any share or interest therein.

Requisites for validity.

All devises of

and subscribed in



3. All devises and bequests of any lands lands or tenements, or tenements, any ways devisable, shall be to be in writing, in writing, and signed or acknowledged signed by the party, by the party so devising the same, or sign- &c., and attested ed by some other person in his presence, his sight, or hearand by his express directions, and shall be ing, by two or more attested and subscribed in the presence, witnesses. sight, or hearing of the said testator, by two or more credible witnesses, or else they shall be utterly void and of none effect. Provided always, that nothing in this Act. Not to extend to contained shall extend, or be construed to wills, &c., written extend, to any last will or testament, devise throughout in the or bequest, which shall be written through handwriting of the out in the proper handwriting of the testa- No devise in writtor or devisor. And moreover, no devise ing of lands, tenein writing of lands, tenements, or heredita- ments, or any clause ments, or any clause thereof, shall, at any thereof revocable, time after the commencement of this Act but by some other be revocable otherwise than by some other ing or by cancelling, will or codicil in writing, or other writing tearing, &c., declaring the same, or by burning, cancell- same, by or in the ing, tearing, or obliterating the same by the testator himself or in his presence, and and by his directions. by his directions and consent; but all devises and bequests of lands and tenements shall remain and continue in force, until the same be burned, cancelled, or toru, or obliterated by the testator, or his directions in manner aforesaid; or unless the same be altered by some other will or codicil in writing, or other writing of the devisor,

will or codicil in writ




signed in the presence of two or more witnesses, declaring the same; any law or usage to the contrary, notwithstanding.

No nuncupative 4. No nuncupative will shall be good, will shall be good where the estate thereby bequeathed shall where the estate ex- exceed the value of thirty pounds, that is ceeds 301. in value, not proved by the oaths of three witnesses unless proved by at the least, that were present at the making three witnesses, &c.

Nor unless made thereof, nor unless it be proved that the in the last sickness testator, at the time of pronouncing the of, and where the same, did bid the persons present, or some deceased had been of them, bear witness that such was his will resident ten days; or to that effect, nor unless such nuncupaexcept he was taken sick, and died from vtie will were made in the time of the last sickness of the deceased, and in the house of his or her habitation or dwelling, or where he or she had been resident for the space of ten days or more next before the making of such will, except where such person was surprised or taken sick, being from his own home, and died before he returned to the place of his or her dwelling.




substance thereof

5. After six months passed after the shall be recieved to speaking of the testamentary words, no prove any nuncupa- testimony shall be received to prove any tive will, except the will nuncupative, except the said testimony, were committed to or the substance thereof, were committed writing, within six to writing within six days after the making months after the of the said will, and all such witnesses as speaking the testa- are or ought to be allowed to be good witmentary words. nesses upon trials at law, by the laws and customs of the realm, shall be deemed good witnesses to prove any nuncupative will.

When nuncupa

6. No letters testamentary or probate of tive wills shall be any nuncupative will, shall be granted or received to be prov- allowed of, until fourteen days at the least ed, and when letters after the decease of the testator be fully testamentary, &c., expired; nor shall any nuncupative will be

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