CAP. XXXI.

(Assented to 17th April 1891.)

BARBADOS.

An Act to consolidate and amend the Acts of this Island relating to real and personal property and conveyancing.

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and Assembly of this Island, and by the authority of the same, as follows;

2. In this Act, except where the nature of the provision, or the context of the Act, shall exclude such construction, the following words shall have the meanings hereinafter assigned to them respectively, namely; (1) "land" includes land of any tenure and tenements and hereditaments corporeal and incorporeal and houses and other buildings, also an undivided share in land; whether the same shall be a freehold or a chattel interest.

(2) "estate" includes an estate in equity as well as one at law, and also any interest, charge, lien, or incumbrance in, upon or affecting land either at law or in equity, and also any interest, charge, lien, or incumbrance in upon or affecting money subject to be invested in the purchase of land,

Definitions.

Corporeal tene

(3) "mortgage" includes any charge on land for securing money or moneys worth; mortgagor includes any person from time to time deriving title under the original mortgage or entitled to redeem a mortgage according to his estate, interest or right in the mortgaged land; and "mortgagee" includes any person from time to time deriving title under the original mortgagee, and

(4) "judgment debt" includes any debt or sum of money secured or ordered to be paid by any judgment obtained or confessed in any court; "judgment debtor" includes any person from time to time deriving title under the original judgment debtor, or entitled to pay off and have satis. faction entered in respect of the judgment debt, or any part thereof; and "judgment creditor" includes any person from time to time deriving title under the original judgment creditor.

Miscellaneous general provisions.

3. All corporeal tenements and hereditaments, &c., to be in ments shall, as regards the conveyance of the immediate freehold thereof, be deemed to be in grant as well as livery.

grant.

The recording of 4. All deeds already made and hereafter deeds to have the to be made by parties entitled to lands, effect of livery of tenements, and hereditaments of this Island

seisin.

and recorded in the Secretary's office of this Island shall have the like effect as if livery of seisin had been given of such lands, tenements, and hereditaments.

5. Under an indenture executed after An immediate esthe fourth day of April one thousand eight tate may be taken under an indenture hundred and sixty an immediate estate or to which taker not a interest in any tenements or hereditaments party. Indenture and the benefit of a condition or covenant unnecessary. respecting any tenements or hereditaments may be taken, although the taker thereof be not named a party to the same indenture; also a deed purporting to be an indenture shall have the effect of an indenture although not actually indented.

A feoffment shall

not have a tortious operation nor an

6. A feoffment shall not have any tortious operation, nor shall an exchange or partition of any land made by deed imply exchange or partiany condition in law, nor shall the word tion imply any con"give" or the word "grant" in a deed dition. imply any covenant in law in respect of any land in feoffments or deeds made or executeed subsequent to the twenty seventh day of August one thousand eight hundred and fifty three.

7. A contingent or executory, and a A contingent interest may be disfuture interest, and a possibility coupled posed of. with an interest in land of any tenare. whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent, into or upon any land of any tenure, may be disposed of by deed.

8. All leases, estates, interests of freehold Leases, &c., by or terms of years, or any uncertain interest livery and seizin, of, into, or out of, any messuages, lands, or parcle, not put tenements, or hereditaments, made or cre- in writing to have ated by livery and seizin only, or by parole only the force of and not put in writing and signed by the will. parties so making or creating the same, or their agents thereunto lawfully authorised

leases or estates at

Exception.

by writing, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect, any consideration for making any such parole leases or estates, or any law or usage to the contrary notwithstanding: Except, nevertheless, all leases not exceeding the term of three years from the mak ing thereof, whereupon the rent reserved to the landlord during such term, shall amount unto the full or near the value of the thing demised. And moreover, no leases, estates or interest, either of freehold or term of No leases, &c., to years, or any uncertain interest of, into, or be assigned &c. unout of, any messuages, lands, tenements, or less by deed or by hereditaments, shall, at any time be assigned, granted, or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents, thereunto lawfully authorised by writing, or by act and operation of law.

operation of law.

9. In all cases where any demand on simple contract is transferred endorsed or assigned it shall be sufficient for the person so doing to write his name in blank thereon or direct the sum due to be paid to the assignee, or endorsee for value received; but on all specialties the assigner or endorser shall on the security assigned or on a sepa rate paper write to the purport following, viz:

I do hereby transfer and assign the within mentioned or such a particular security for such a sum (mentioning what is due thereon) and all my right title and interest therein to A.B. for the sum or value of him this day received. Witness my hand the &c. &c.

Which shall be signed by the party in the presence of at least one witness subscribing the same; and it shall be good and effectual for any assignee or endorsee and his proper representatives to maintain their action or suit for the recovery of such debt or demand so assigned either against the original debtor or any of the endorsers or acceptors thereof, and the officers of the several courts in this Island are hereby directed and required to observe and pursue the directions of such assignee or endorsee in the same manner as they would those of the original creditor. And whatsoever shall be done by such assigor endorsee shall be good valid and effectual to all intents and purposes whatso

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ever.

10. Any person by the like means as he might now assign to another person personal Assignment to property at present assignable by law in- self and others. cluding chattels real shall have power to assign the same in any of the following

cases;

(a) from himself in a fiduciary capacity to himself and another person or persons in the same fiduciary capacity; (b) from himself in a fiduciary capacity to himself and another person or persons in a different fiduciary capacity: (c) from himself in a fiduciary capacity to himself in another fiduciary capacity;

(d) from himself in a fiduciary capacity to himself individually;

(e) from himself in his individual right to himself and another person or persons in a fiduciary capacity;

(f) from himself in his individual right