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Transfer of Real Property
if such instrument had been according to the form of mortgage given in the aforesaid Act, and had been accompanied by a deposit of title deeds.
3. And be it enacted that every instrument deriving its validity from this Act shall be deemed to take effect from the date of its registration, and that nothing in this Act contained shall be construed to affect the rights or priorities of instruments under the Registration Act of Council, 2 William IV., No. 6.
4. And be it enacted that in every case in which the principal money secured by any instrument of mortgage, together with all moneys due thereon, has been repaid and satisfied or shall at any future time be repaid and satisfied, and a verified certificate of such payment has been or shall be delivered into the Registry Office of the said Colony, then and in such case every such instrument of mortgage shall be deemed to be and to have been null and void from the time of the delivery of such certificate and the estate and interest of the mortgagor, his heirs or assigns, in the lands, tenements, or hereditaments thereby charged, shall be deemed to be and to have been from the time of such delivery the same as if no such instrument had been made, notwithstanding any default which may have occurred in payment of the principal or interest thereby secured on the days and at the times appointed in the said instrument for payment of the same respectively.
5. And be it enacted that any instrument in writing by which any married woman of the age of twenty-one years at the time of the execution of such instrument, has expressed or shall express her intention to pass and transfer or release her title to dower in or to any lands, tenements or hereditaments within the said Colony, and which has been executed or which shall be executed on or before the first day of January next in the presence of the Commissioner of the Civil Court or before some Justice of the Peace of the said Colony, and on which instrument there is or shall be endorsed or to which there is or shall be appended or subjoined a certificate under the hand of such Commissioner or Justice of the Peace as required by the said first mentioned Act, shall be deemed valid and effectual to pass and transfer or release the title to dower of such married woman as if such instrument had been a deed jointly executed by her with her husband, as required by the said Act.
6. And be it enacted that no purchase made before the passing of this Act of any lands, tenements, or hereditaments by any mortgagee thereof at a sale thereof by public auction (such sale being in pursuance of a power contained in the instrument of mortgage) shall be impeached or impeachable on the sole ground that such mortgagee was by reason of such power of sale a trustee for his or her mortgagor: Provided that at least the full amount due for principal and interest shall have been bid and paid for the same.
7. And be it enacted that this Act may be amended or repealed by any Act to be passed during this present session.
Instrument to take effect from the date of its registration only
Delivery of a certificate of satisfaction to have the effect of cancelling the mortgage and restoring the estate of the mortgagor as if no mortgage had been executed
Any instrument executed by a married Woman on or before the first day of January to release her dower in presence of the Commissioner of the Civil Court or any Justice of the Colony, with a certificate as required by the Act 2 Wil. IV., No. 7, shall be valid to release her dower
Purchase by a
Act may be amended
It being expc-
Act may be amended
An Act to amend an Act intituled “An Act to regulate
HEREAS in and by the first section of an Act of Council passed in the sixth year of the reign of Her present Majesty Queen Victoria, intituled “An Act to regulate the Apprenticeship and otherwise to provide for the Guardianship and Control of a certain class of Juvenile Immigrants,’ it is enacted that a notice published by His Excellency's command in the ‘Government Gazette,’ setting forth that certain persons therein named are immigrants to be apprenticed under that Act shall be conclusive evidence in all proceedings at law before Justices of the Peace or otherwise that such persons (on due proof of identity, if requisite) are within the operation of that Act; and whereas it is expedient to discontinue the publication of such notices: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that so much of the said Act as directs such notice as aforesaid to be conclusive evidence shall be repealed, and that no such notice shall be published after the passing of this Act, and in all subsequent parts of the said Act the expression ‘such immigrants as aforesaid ' shall be taken and understood to refer to the class of persons described in and by the preamble of the said Act, and not of the persons described or intended to be described by any such notice.
2. And be it enacted that this Act may be amended or repealed by any Act to be passed during the present session.
An Act for adopting certain Acts of Parliament passed in
Adoption of Imperial Acts
His late Majesty King William the Fourth; and also certain Acts of Parliament passed in the first and second, the second and third, and the fifth and sixth years of the reign of Her present Majesty Queen Victoria, respectively, and applying the same in the Administration of Justice in Western Australia in like manner as the other Laws of England are applied therein. [Assented to 30th May, 1844.
HEREAS a certain Act of Parliament was passed in the third and fourth years of the reign of His late Majesty King William the Fourth, intituled, An Act to allow Quakers and Moravians to make Affirmation in all cases where an Oath is or shall be required; and whereas also certain other Acts of Parliament were passed in the fourth and fifth years of the reign of His said Majesty, intituled respectively, An Act for the Amendment of the Law relative to the Escheat and Forfeiture of Real and Personal Property holden in Trust; and * An Act to abolish the Practice of Hanging the Bodies of Criminals in Chains; and whereas also certain other Acts of Parliament were passed in the fifth and sixth years of the reign of His said Majesty, intituled respectively, An Act to amend the Law relating to Securities given for Considerations arising out of Gaming, Usurious, and certain other illegal Transactions; and An Act to render certain Marriages valid, and to alter the Law with respect to certain voidable Marriages; and * An Act for abolishing Capital Punishment in cases of Letter Stealing and Sacrilege ; and whereas also certain other Acts of Parliament were passed in the sixth and seventh years of the reign of His said Majesty, intituled respectively, * An Act to amend an Act of the last Session for abolishing Capital Punishment in cases of Letter Stealing and Sacrilege ; and An Act for declaring the Law as to the day on which it is requisite to present for payment to the acceptor or acceptors supra protest for honour, or to the referees or referee, in case of need, Bills of Exchange which had been dishonoured; and An Act to repeal so much of two Acts of the ninth and tenth years of King George the Fourth as directs the period of Execution and the Prison Discipline of persons convicted of the crime of Murder; and An Act to prevent the fact of a Previous Conviction being given in evidence to the Jury on the case before them, except when evidence to Character is given; and An Act for enabling persons indicted of Felony to make their defence by Counsel or Attorney; and whereas also certain other Acts of Parliament were passed in the
3 & 4 Will. IV.
4 & 5 Will. IV.
5 & 6 Will. IV.
6 & 7 Will. IV.
1 & 2 Vic.
Adoption of Imperial Acts
first and second years of the reign of Her present Majesty Queen
2. And be it enacted, that all and overy the powers and duties conferred and imposed in and by any of the aforesaid Acts on the Court of Chancery in England shall be exercised and discharged by the Civil Court of this Colony; and that the functions ascribed by any of the said Acts to the Attorney-General in England shall be discharged by the Advocate-General in this Colony.
3. And be it enacted, that this Act shall commence and take effect from the date of its passing the Legislative Council.
4. And be it enacted, that this Act may be altered, amended, or repealed by any Act to be passed during the present session.
* Repealed by 24 d6 25 Vic., c. 95 (Imp.), which repeal is adopted in this Colony by 29 Vic.., No. 5, wholly as regards the 4 d. 5 Will. IV., c. 26, and in part as to the other three Acts.
HEREAS by an Act of the Legislative Council of this Colony passed in the fourth year of the reign of Her present Majesty Queen Victoria, intituled “An Act to promote the Building of Churches and Chapels and to contribute towards the Maintenance of Ministers of Religion in Western Australia,' it is enacted amongst other things that the Governor of this Colony, with the advice and consent of the Executive Council thereof, may issue sums of money from the Colonial Treasury in aid of the erection of churches and chapels and ministers' dwellings, and also may issue from the Colonial Treasury stipends towards the support of Ministers of Religion duly appointed to officiate in such churches or chapels; and whereas considerable sums have been already devoted to such objects, and it is expedient to avoid incurring any increase of such expenditure for the present on account of the limited amount of the Colonial Revenue : Be if therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that so much of the said hereinbefore recited Act as authorises the Governor as aforesaid to issue sums from the Colonial Treasury, either for the erection of churches and chapels and ministers' dwellings, or for stipends towards the maintenance of ministers, shall be and the same is hereby repealed, except so far as the continuange of the same or any part of the same may still be necessary to ăuthorise the payment of any sum or sums which may have been heretofore promised for the erection of any church, and also to Authorise the continuance of the payment of such stipends as may
have been heretofore given towards the support of any Ministers of Religion.
So much of the
Act may be amended