WHEREAS A.B. affirms and C.D. denies (here state fully the fact or facts in issue) and the judges of the Supreme Court (or such other court &c.) are desirous of ascertaining the truth by the verdict of a jury and both parties pray that the same may be enquired of by the country. Let the same be tried accordingly.

Preamble.

An Act to explain and amend "The Common Law
Procedure Statute 1865."

[12th October 1865.] WHEREAS by the nineteenth section of "The Instruments and

Securities Statute 1864" it is enacted that any action upon a bill of exchange commenced within six months after the same shall have become due may be by writ of summons in the form contained in the Second Schedule to that Act: And whereas by the eighty-fifth section of "The Common Law Procedure Statute 1865 it is enacted that all personal actions shall be commenced by writ of summons in the form contained in the Fifth Schedule to that Act: And whereas doubts have arisen as to the last mentioned Act having repealed the nineteenth section of "The Instruments and Securities Statute 1864" and the summary remedies on bills of exchange given thereby And whereas it is expedient that such doubts should not exist and that the said last-mentioned section should be in full force and effect and that certain errors in "The Common Law Procedure Statute 1865" should be corrected: Be it therefore enacted by the

Queen's Most Excellent Majesty by and with the advice and consent 29 VICTORIA,
of the Legislative Council and Legislative Assembly of Victoria in No. 290.
this present Parliament assembled and by the authority of the same
as follows:-

1. The 85th section of "The Common Law Procedure Statute Actions on bills
1865" shall be and the same is hereby repealed; and in lieu thereof of exchange.
the following shall be and be deemed to have been from the time of
the coming into operation of the said Statute the 85th section thereof
(that is to say)" All personal actions (save as hereinafter men-
tioned) shall be commenced by writ of summons in the form con-
tained in the Fifth Schedule to this Act; and in every such writ and Fifth Schedule.
copy thereof the place of the residence or supposed residence of the
defendant or wherein the defendant shall be or shall be supposed to
be shall be mentioned; and it shall not be necessary to mention any
form or cause of action in any such writ; and every such writ shall
contain the name or names of all the defendants and shall not contain
the name or names of any defendant or defendants in more actions
than one. Provided nevertheless that nothing herein contained shall
repeal or alter any of the provisions of the third subdivision of
Part I. of "The Instruments and Securities Statute 1864."

us

c. 42 s. 4.

Bello is ONE 2. The 408th section of "The Common Law Procedure Statute Infants and 1865" shall be and the same is hereby repealed; and in lieu thereof married women the following shall be and shall be deemed to have been from the 3 & 4 will. IV. time of the coming into operation of the said Statute the 408th section thereof (that is to say):-"If any person entitled to any such action or scire facias shall be at the time the cause of action accrued within the age of twenty-one years feme covert or non compos mentis, then such person shall be at liberty to commence the same action within such times after being of full age discovert or of sound memory as other persons having no such impediment should have done; and if any person against whom there shall be any such cause of action shall be at the time such action accrued beyond sea, then the party entitled to any such cause of action shall be at liberty to bring the same against such person within such times as are before limited after the return of such person from beyond sea."

Vict. No. 83 s. 13.

3. The words following in the third column of Schedule I. of Revival of 11 "The Common Law Procedure Statute 1865" opposite and relating to Act 11 Vict. No. 33 (that is to say), "So much as has not been already repealed" shall be and the same are hereby repealed; and in lieu thereof the following words shall be and shall be deemed to have been from the time of the coming into operation of the said Statute inserted in the same place in the said column (that is to say) "So much except section thirteen as has not been already repealed" and the said thirteenth section of Act 11 Vict. No. 33 shall (save as regards any contempt or offence against the said section committed before the passing hereof) be and be deemed to have been from the time of the coming into operation of "The Common Law Procedure Statute 1865" in full force and effect.

implication.

4. No Act or Statute passed or to be passed during the last pre- Acts not to be ceding or the present session of Parliament shall operate or be repealed by deemed to operate as a repeal by implication of any enactment in force at the time of the coming into operation of such first-mentioned

No. 290.

29 VICTORIA, Act or Statute; but every such enactment shall, save where the same is expressly repealed, be deemed to have and to be in full force and effect, notwithstanding any repugnancy or contrariety between such enactment and such Act or Statute or any part thereof.

31 VICTORIA, No. 324.

Liability of mem

tered companies.

29 Car. II. c. 38. 4.

9 Geo. IV. c. 14

An Act to amend "The Mining Companies Limited
Liability Act 1864."

[6th September 1867.] BE it enacted by the Queen's Most Excellent Majesty by and with

the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by and with the authority of the same as follows:

[The whole of this Statute, except sec. 9, repealed by 35 Vict. No. 409 sec. 1, "The Mining Companies Act 1871," post.]

9. No action shall be brought whereby to charge any member bers of unregis of a partnership or co-adventure (established or to be established for mining purposes and not registered under the said Act) upon any simple contract made by or with any other member of such partnership or co-adventure on behalf of the same, unless such contract or some memorandum or note thereof shall be made or contained by or in some writing to be signed by the defendant in such action.(a)

8. 1.

19 & 20 Vict. c. 97 s. 13.