Indemnity of treasurer Appointment of new trustees Ordinance to be a' Public Ordinance' Religious Bodies (Independents) action, suit, or other proceedings, but the same may be continued where it left off and be prosecuted and carried on against the said societies respectively in the name of such person who was treasurer when such action, suit or other proceeding was instituted or commenced : Provided always that every such treasurer in whose name any such action, suit or other proceeding shall be commenced, prosecuted, carried on or defended shall in all cases be reimbursed and paid out of the funds of the said societies respectively. 7. And whereas it is expedient to remedy the inconvenience which may be experienced from trustees dying, resigning or being absent from the Colony: Be it therefore enacted that if any present or future trustee or trustees in whom any estate in and to any lands of the said societies may be vested shall depart this life, be absent from the said Colony more than three months, or be desirous of resigning his or their said trust, it shall be lawful for the surviving resident or remaining trustee or trustees to nominate, by a writing under his or their hand or hands, a new trustee or new trustees, and the estate in such lands of such deceased, absent or resigning trustee or trustees shall, by such nomination in writing, when filed in the Colonial Secretary's office, immediately vest in such new trustee or trustees without any formal conveyance or deed for that purpose. 8. That this Ordinance shall be deemed and taken to be a 'Public Ordinance,' and shall be judicially taken notice of as such by the Judge or Commissioner of the Civil Court of Western Australia, and by all other Judges, Justices and others within the Colony of Western Australia and its Dependencies without being specially pleaded. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. WESTERN AUSTRALIA ANNO OCTAVO DECIMO VICTORIÆ REGINE No. 18 An Ordinance to repeal the Ordinance No. 19 of 1851, and to revise and amend certain parts of the Ordinance No. 2 of 1833. [Assented to 26th April, 1855. WH, a it to taped that portion of the Ordinance No. 2 of THEREAS it is expedient to repeal the Ordinance No. 19 of 1883, which relates to the office of Examiner of Weights and Measures: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof: Weights and Measures 1. That the said recited Ordinance, No. 19 of 1851, be and the Repeal same is hereby repealed. 2. That the sixth section of the said recited Ordinance, No. 2 of Examiner 1833, shall be read and applied as if no other words had by the said hereby repealed Ordinance been substituted for the words such examiner as aforesaid' in the said sixth section. 3. That the provisions of the fifth section of the said recited Ordinance, No. 2 of 1833, shall be taken and applied as if the words 'at any time and as often as they may deem fit' had been therein inserted in lieu of the words 'as often as any Justice shall direct in writing.' CHARLES FITZGERALD, An Ordinance for declaring valid certain Instruments and W HEREAS in the second year of the reign of His late Majesty Preamble King William IV., an Ordinance was passed entitled 'An Act to facilitate and simplify the Transfer of Real Property,' in which the mode of executing out of the said Colony deeds and conveyances affecting land in the said Colony was provided; and whereas, through ignorance or inadvertence, divers such deeds and conveyances intended to be duly executed in accordance with the provisions of the said recited Ordinance have not been so executed, and whereas doubts have been suggested as to the validity of such informal execution and it is expedient to remove such doubts: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof: 1. That any deed or conveyance affecting any hereditaments situate within the said Colony or its Dependencies which shall have been made or executed on or before the first day of January next by any person or persons whomsoever out of the said Colony and which shall purport to have been executed or acknowledged by the parties thereto or proved by any subscribing witness thereto before any Judge, Magistrate, Mayor, Justice of the Peace or Commissioner for taking acknowledgments of deeds of married women in the United Kingdom of England and VOL. I. R Certain instruments affecting land made valid Enrolment of grants made evidence Unstamped instruments affecting land executed out of the Colony before 1st January, 1856, made valid Repeal of section 7 Deeds, &c., exe cuted out of the Colony to be available if Judge or Justice of the Peace of such Colony Transfer of Real Property Ireland or in any British Dependency, or before any British Ambassador, Envoy, Consul or Vice-Consul, or Consular Agent, Notary Public or the Judge of any Court of Law in any foreign dominions, shall be deemed and taken to be acknowledged or proved respectively in as valid and effectual a manner as if the same had been acknowledged or proved in the manner provided by the said recited Ordinance, although no colonial or corporate, public or common seal, or other seal of office be attached thereto. 2. And whereas many original deeds of grant from the Crown of lands in this Colony have been lost or mislaid by the grantees and others, and in many instances from absence of professional aid on sub-divisions of such land, evidence of such original deeds of grant has not been secured, and titles to such land are consequently imperfect: Be it therefore further enacted that the original enrolment of any deed of grant from the Crown kept in a book in the Registrar of Deeds' office or an office copy thereof, shall be received in all Courts of Justice in the said Colony as evidence of the contents of the original deed of grant whereof such enrolment purports to be a true copy. 3. And whereas doubts have arisen as to whether unstamped deeds affecting land in this Colony, executed in England or elsewhere out of the Colony in places where stamps are required upon instruments affecting land, can be received as evidence in any Court of Justice in the said Colony; and whereas through inadvertence many deeds affecting land in this Colony executed out of the said Colony are unstamped: Be it therefore further enacted that any deed, conveyance, power-of-attorney or other instrument affecting land in this Colony, which shall have been executed out of the said Colony on or before the first day of January last past, shall be received as evidence in any and every Court of Law in the said Colony, although no stamp shall be affixed thereto or thereon. 4. That section 7 of the said recited Ordinance shall be and the same is hereby repealed. 5. That all deeds and conveyances affecting any hereditaments situate within the said Colony, which, if executed within the said Colony, would, by the provisions of the said recited Ordinance, require executed before a to be executed in the presence of a Judge, Commissioner or Justice of the Peace of the said Colony, and which, after the passing of this Ordinance, shall be executed out of the said Colony and acknowledged by any party thereto, thereby passing or transferring any estate or interest, or proved by any subscribing witness thereto, before any Judge, Mayor or Justice of the Peace in the British dominions, or before any British Ambassador, Consul, Vice-Consul or ConsularAgent or Notary Public, or the Judge of any Court of Law in any foreign dominions, and certified under the hand and seal of the person before whom the same shall be so acknowledged or proved, shall be as good and effectual in the law as if the same had been respectively executed before a Judge, Commissioner or Justice of the Peace of the said Colony according to the provisions of the said Ordinance. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. Crown Lands (Trespass) WESTERN AUSTRALIA ANNO NONODECIMO VICTORIÆ REGINE No. 5 An Ordinance to empower the Governor to alienate Lands in Western Australia purchased out of Imperial or Colonial Funds. WE [Assented to 9th June, 1856. HEREAS it is expedient to remove doubts that have arisen Preamble respecting the power of the Governor to alienate lands in Western Australia purchased out of colonial funds and conveyed to the use of Her Majesty, her heirs and successors, for colonial purposes; and whereas it may hereafter be expedient from time to time to sell such lands, or parts thereof: Be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof : The Governor is declared to be sell lands, &c., colonial funds empowered to purchased out of Also to sell lands, out of Imperial funds &c., purchased 1. That from and after this Ordinance receiving the Royal assent, it shall be lawful for the Governor to sell, alienate, and convey by deed in the name and on behalf of Her Majesty, any land whatsoever in the said Colony that now has been, or that hereafter may be, purchased out of the funds of the said Colony and conveyed as aforesaid; and the proceeds of such sale shall be duly paid over to the Colonial Treasurer, to the use of Her Majesty, her heirs and successors, for the public service of the said Colony, and in support of the Government thereof. 2. And whereas doubts have arisen respecting the power to sell and alienate lands in the said Colony purchased to the Queen's use, by the head of a department in the Imperial Service, and out of Imperial funds, and for Imperial purposes; be it hereby enacted and declared, that from and after this Ordinance receiving the Royal assent, it shall be lawful for the Governor, upon receipt of a written requisition to that effect from the head of the department for whose special service any Title good as such land was originally purchased out of Imperial funds, to convey in though waste the name and on behalf of Her Majesty, the said land by deed to a bona fide purchaser, whose title shall be good and valid, the same as if the lands were waste Crown Lands, and sold and conveyed under the authority of any Imperial Act of Parliament in that behalf, and the proceeds of the said sale shall be duly paid over to the head of the department aforesaid, or other representative of the Imperial Treasury, to the use of Her Majesty, her heirs and successors, for the public Imperial service. lands 3. And to prevent any question as to the liability of purchasers Purchaser held and other persons paying money under the authority of this Ordinance, harmless be it further enacted, that no person or persons paying any sum of money under the authority or in pursuance of this Ordinance shall be bound to see to the application, or be answerable for the misapplication The usual deed for waste lands may be used or followed Public officer held harmless Crown Lands (Trespass) or non-application of the money so paid by him, her, or them, or for any irregularity in the sale or sales. 4. That lands sold under the authority of this Ordinance may be conveyed by a deed of like form, or as near thereto as circumstances will permit, as the deed now and heretofore commonly used for conveyance of waste lands of the Crown, and subject to the reservation contained in the original grant from the Crown of such land of the precious metals and of a right of entry for certain public purposes. 5. That no public officer or agent of the Imperial or Colonial Government concerned in negotiating or completing the sale of any land under this Ordinance shall be deemed to be in any degree responsible for the goodness or sufficiency of the title of Her Majesty, her heirs or successors, to such land. An Ordinance to naturalize Charles Millar. [Assented to 9th June, 1856. WRights and Privileges of a British Subject, and whereas it is WHEREAS Charles Millar has applied to be admitted to the expedient to comply with the said Application; Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies by and with the Advice and Consent of the Legislative Council thereof : 1. That the said Charles Millar be, and he hereby is naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject within the Limits of the Colony of Western Australia save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein. 2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor for the Time being by Proclamation or other public Notice. A. E. KENNEDY, |
