Act No. 60 of 1959
BAHAMAS PLANTATIONS COMPANY, LIMITED, VALIDATION OF INSTRUMENTS |
An Act to
validate certain instruments relating to land situate in the Island of New
Providence and known as "Old Fort", "The Wilderness" and "Charlotteville"
respectively. | 60 of 1959 |
[Commencement 3rd
September, 1959] |
WHEREAS by an
indenture dated the 5th April A.D. 1913 and made between Francis Manuel
Menendez of the first part and others of the second, third, fourth and fifth
parts and The Bahamas Plantations Company, Limited (hereinafter called "the
Company") of the sixth part and now of record in the Registry of Records
in the City of Nassau in the Island of New Providence in Book Z. 10 at pages 177
to 181 the parties of the first five parts granted, conveyed, released and
confirmed unto the Company in fee simple All the hereditaments (hereinafter
referred to as "the said hereditaments") described in the Schedule
thereto which description is set out in the Schedule hereto: |
AND WHEREAS the
Company was not incorporated until the 8th April A.D. 1913, and The Bahamas
Fibre and Produce Company, Limited in which the fee simple estate of and in the
said hereditaments was vested was not joined as a party to the said indenture
dated the 5th April A.D. 1913 to convey such fee simple estate to the Company: |
AND WHEREAS by an
indenture dated the 24th April A.D. 1913, and made between the Company of the
one part and Adelaide Clarke Dolley of the other part and now of record in the
said Registry of Records in Book W. 10 at pages 579 to 582 the Company conveyed
the said hereditaments to the said Adelaide Clarke Dolley in fee simple by way
of mortgage: |
AND WHEREAS by an
indenture dated the 7th May, A.D. 1914 and made between the Company of the one
part and the said Adelaide Clarke Dolley of the other part and now of record in
the said Registry of Records in Book W. 10 at pages 583 to 586 the Company
further charged the said hereditaments to the said Adelaide Clarke Dolley: |
AND WHEREAS by an
indenture dated the 28th April A.D. 1922 and made between the Company of the
one part and the said Adelaide Clarke Dolley of the other part and now of
record in the said Registry of Records in Book S. 11 at pages 136 to 139 the
Company granted and released the said hereditaments unto the said Adelaide
Clarke Dolley in fee simple free from all right or equity of redemption and
from all claims and demands under the said indenture of mortgage and the said
indenture of further charge: |
AND WHEREAS the
said indentures dated the 24th April A.D. 1913, the 7th May A.D. 1914 and the 28th
April 1922 were executed by and on behalf of the Company by its Director, The
Nassau Trust, Limited only notwithstanding that the Articles of Association of
the Company required that the seal of the Company be affixed in the presence of
two directors. |
1. This Act
may be cited as the Bahamas Plantations Company, Limited, Validation of
Instruments Act. | Short title. |
2. The said
indenture dated the 5th April, A.D. 1913 is hereby declared to be valid and
effective for all purposes and shall be deemed to have conveyed all the estate,
right, title, interest, claim and demand of the said The Bahamas Fibre and
Produce Company, Limited and of each of the parties of the first, second, third,
fourth and fifth parts therein described respectively of and in the said
hereditaments to the Company on its incorporation. | Validation of indenture
dated the 5th April 1913. |
3. The said
indentures dated the 24th April A.D. 1913, the 7th May 1914 and the 28th April
A.D. 1922 respectively are hereby declared to be valid and effective for the
purposes stated therein respectively notwithstanding the said non-compliance
with the Articles of Association of the Company. | Validates indentures dated
the 24th April 1913, the 7th May 1914 and the 28th April 1923. |
SCHEDULE |
1.
All That lot of land situate in the Western District of the Island of New
Providence and containing by admeasurement Seven hundred and ninety-five and
one-half acres or thereabouts bounded on the Northwest by the Sea on the
Southwest by a swamp and the Waterloo Estate on the Southeast by land belonging
to William Joseph Menendez and on the Northeast by Crown Land the Love Estate
and the Bradford Estate which said premises were formerly part and parcel of a
lot of land originally granted to a certain Micklethwaite and of lands known
respectively as Charlotte Ville Estate and Wilderness Estate or however
otherwise the same way may be abutted bounded known or described. |
2.
All that piece parcel or tract of land situate in the Western District of the
Island of New Providence called or known as "Love's" and containing
Two hundred and Thirty-two acres bounded on the North by the Sea and on the
East partly by land the property of Andrew Deveaux and partly by Vacant Land on
the South by Vacant Land and on the West by land belonging to William Bradford
or however otherwise the same may be abutted bounded known or described. |