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LAWS OF BARBADOS
day of January one thousand eight hun-
and Assembly of this Island, and by
the authority of the same as follows; Short titles.
1. This Act may be cited as “The Court of Appeal Act, 1857, Amendment Act, 1890" and the above-mentioned Act, (hereinafter referred to as the principal Act) may be cited as “The Court of Appeal Act, 1857.”
2. The Court of Appeal established under Of what judges the principal Act shall consist of and be the court shall con- holden by the Chief Justice of Barbados, sist.
the Chief Justice of Grenada, and the Chief Justice of Saint Vincent and Saint. Lucia ; or the persons discharging the duties of those offices for the time being ; provided always that any one of such Justices shall be suficient to constitute a Court for the purpose
of adjournment only. Sittings of the
3. The said Court of Appeal shall hold its said court. sittings for the hearing of appeals from the
courts of this Island, in the City of Bridgetown, and such sittings shall commence on the second Monday in the month of January and on the second Monday in the month of July in each year; provided always, that if on any occasion it may be found necessary or more convenient to commence the sittings of the said Court of Appeal on other days than those hereinbefore fixed for that pur
SESSION OF 1889.'90.
pose, it shall be lawful for the Governor, by proclamation to be published in the Official Gazette of this Island, to appoint and fix some other days in the year on which the sittings of the said Court shall commence.
4. 'The, Chief Justice of Barbados shall No payment to be not receive any fee or payment for sitting
made to Chief Jus
tice on hearing apas a Judge of the said Court of Appeal for
peals from Barba. the hearing of any appeal from the Courts of dos. this Island.
5. Sections two and six of the principal Repeal. Act and the Act of the sixteenth day of February one thousand eight hundred and eighty one, entitled, “ An Act to amend the Act of the thirty-first day of January one thousand eight hundred and fifty seven, entitled, “An Act to provide for the establishment and maintenance of a Court of Appeal," are hereby repealed, but this repeal shall not affect the validity of any thing done under or in pursuance of the said enactments hereby repealed or any of them.
6. This Act shall not come into operation Suspending secunless and until the officer administering the tion. Government notifies by proclamation that it is Her Majesty's pleasure not to disallow the same, and thereafter it shall come into operation upon such day as the officer administering the Government shall notify by the same or any other proclamation.
LAWS OF BARBADOS
(Assented to 26th April 1890.)
day of February one thousund eight hun-
WHEREAS it is deemed expedient to
amend the above-mentioned Act of the Twenty fifth day of February one thousand eight hundred and forty seven in manner hereinafter appearing; Be it there. fore enacted by the Governor, Council and Assembly of this Island and by the author
ity of the same, as follows; Governor empow
1. It shall be lawful for the Governor to ered to appoint an grant leave to any Commissioner of Proacting Commission- bates of this Island and to approve of his er of Probates whose duties being performed by any other
person powers &c, shall be or persons during such leave, and such actthe same as those
ing Commissioner of Probates shall be inof a Commissioner of l'robates.
vested with and have, exercise and perform the same powers, authorities, rights and duties a Commissioner of Probates appointed under the said Act of the twenty fifth day of February, one thousand eight hundred and forty seven, is from time to time invested with and shall be entitled to the same fees.
2. This Act shall be read and construed Construction.
with the said Act of the twenty fifth day of February one thousand eight hundred and forty seven.
SESSION OF 1889.'90
(Assented to 26th April, 1890.)
actions or suits in which any person resid-
and Assembly of this Island, and by
Short title. tating of proof Act, 1890."
2. In any action or suit now depending In actions or suits or hereafter brought in any Court of law or for or relating to equity in this Island in which
any debt or account, any person
or lands in this Isresiding in the United Kingdom is a party land in which any and which is an action or suit for or relating person in the Unitto any debt or account, or for or relating ed Kingdom is a to any lands, tenements or hereditaments, or party, matters may other property, situate lying and being in
be proved by decla
ration in the Unitthis Island, it shall and may be lawful for ed Kingdom. the plaintiff and defendant and also for any witness who is to be examined or made use of in such action or suit to verify or prove any matter or thing relating thereto by solemn declaration in writing in the form in the schedule to this Act annexed, made before any Justice of the Peace, Notary Public or other officer authorized by the law of the part of the United Kingdom where such declaration is made to administer an oath, and certified and transmitted under the signature and seal of any such Justice, Notary Public or other officer, but in the event of any Justice of the Peace or such other officer having no seal of office he shall in writing or in print, either above or before his signature, state that he has
LAWS OF BARBADOS
no seal of office, and every declaration so made, certified, and transmitted, sball, in all such actions and suits, be allowed to be of the same force and effect as if the person making the same had appeared and sworn, or affirmed, the matters contained in such declaration, viva voce in open Court, or upon a Commission issued for the examination of witnesses, or of any party in such action or suit respectively, and all courts of law and equity shall take judicial notice of the seal and signature, as the case may be, of any such Justice of the Peace, Notary Public or other officer attached and subscribed to such declaration. Provided always, that in every such declaration there shall be expressed the addition of the party making such declaration and the particular
place of his or her abode. Debts to Her Ma.
3. In any action or suit now depending jesty may be proved
or hereafter brought in any court of law or in the same manner.
equity in this Island by or on behalf of Her Majesty, her heirs and successors, for or relating to any debt or account, Her Majesty, her heirs and successors shall and may prove her and their debts and accounts, and examine her or their witnesses by declaration in like manner as any subject may do under this Act.
I, A.B do solemnly and sincerely declare that and I make this solemn declaration consci. entiously believing the same to be true, and