Cases in which effect Contingent Remainders-Amendment 1. Every contingent remainder created by any instrument executed after the passing of this Act, or by any will or codicil revived or capable of taking republished by any will or codicil executed after that date, in tenements or hereditaments of any tenure, which would have been valid as a springing or shifting use or executory devise or other limitation had it not had a sufficient estate to support it as a contingent remainder, shall in the event of the particular estate determining before the contingent remainder vests, be capable of taking effect in all respects as if the contingent remainder had originally been created as a springing or shifting use or executory devise or other executory limitation. GOVERNOR. Imp. Aot, 40 & 41 Factors Acts defined. Amendment of the law with respect to secret revocation of entrustment or agency With respect to vendors permitted to retain documents of title to goods WH ANNO QUADRAGESIMO SECUNDO VICTORIA REGINE No. 3 An Act to amend the Factors Acts. [Assented to 3rd July, 1878. HEREAS doubts have arisen with respect to the true meaning of certain provisions of the Factors Acts, and it is expedient to remove such doubts, and otherwise to amend the said Acts, for the better security of persons buying or making advances on goods, or documents of title to goods, in the usual and ordinary course of mercantile business: Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. In this Act the expression 'the principal Acts' means the following Acts, that is to say: The Act of the 4th George 4th (1823), c. 83. The Act of the 6th George 4th (1825), c. 94. The Act of the 5th and 6th of Her Majesty (1842), c. 39. 2. Where any agent or person has been entrusted with and continues in the possession of any goods, or documents of titles to goods, within the meaning of the principal Acts as amended by this Act, any revocation of his entrustment or agency shall not prejudice or affect the title or rights of any other person who, without notice of such revocation, purchases such goods, or makes advances upon the faith or security of such goods or documents. 3. Where any goods have been sold, and the vendor or any person on his behalf continues or is in the possession of the documents or title thereto, any sale, pledge, or other disposition of the goods or Factors Acts-Amendment documents made by such vendor, or any person or agent entrusted by the vendor with the goods or documents within the meaning of the principal Acts as amended by this Act so continuing or being in possession, shall be as valid and effectual as if such vendor or person were an agent or person entrusted by the vendee with the goods or documents within the meaning of the principal Acts as amended by this Act, provided the person to whom the sale, pledge, or other disposition is made has not notice that the goods have been previously sold. 4. Where any goods have been sold or contracted to be sold, and the vendee or any person on his behalf, obtains the possession of the documents of title thereto from the vendor or his agents, any sale, pledge, or disposition of such goods or documents by such vendee so in possession or by any other person or agent entrusted by the vendee with the documents within the meaning of the principal Acts as amended by this Act, shall be as valid and effectual as if such vendee or other person were an agent or person entrusted by the vendor with the documents within the meaning of the principal Acts as amended by this Act, provided the person to whom the sale, pledge, or other disposition is made has not notice of any lien or other right of the vendor in respect of the goods. with respect to vendees permitted to have possession of title to goods documents of documents of 5. Where any document of title to goods has been lawfully endorsed with respect to or otherwise transferred to any person as a vendee or owner of the transfers of goods, and such person transfers such document by endorsement (or by title delivery where the document is by custom or by its express terms transferable by delivery, or makes the goods deliverable to the bearer), to a person who takes the same bona fide and for valuable consideration, the last-mentioned transfer shall have the same effect for defeating any vendor's lien or right of stoppage in transitu, as the transfer of a bill of lading has for defeating the right of stoppage in transitu. 6. This Act shall apply only to acts done and rights acquired after Act not to be the passing of this Act. retrospective H. ST. GEORGE ORD, GOVERNOR. WESTERN AUSTRALIA ANNO QUADRAGESIMO SECUNDO VICTORIÆ REGINE No. 4 An Act to amend The Waste Lands Unlawful Occupation Act, 1872.' WHE [Assented to 3rd July, 1878. HEREAS it is expedient to amend 'The Waste Lands Unlawful Preamble. Occupation Act, 1872': Be it therefore enacted by His 36 Vic., No. Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: Amendment of Unauthorised Occupation of Crown Lands-Amendment 1. Section 1 of the said Act shall be, and the same is hereby sec. 1 of 36 Vic., amended, by omitting the words 'except sandalwood' in line nine of the same. No. 8 Cutting or re moving wood, to be deemed an 2. From and after the passing of this Act, any person who shall saw or split any wood on the Waste Lands of the Crown, or remove unlawful occupa- any wood from off the Waste Lands of the Crown, without lawful authority to do so, shall be deemed to be in the unlawful and unauthorised use and occupation of the Waste Lands of the Crown within the meaning of the said Act. tion of Waste Lands H. ST. GEORGE ORD, GOVERNOR. Preamble Short title Power to Council to make orders on break ing out of in WESTERN AUSTRALIA ANNO QUADRAGESIMO SECUNDO VICTORIÆ REGINE No. 5 An Act to make provision for the better prevention of the spread of Infectious or Contagious Diseases. [Assented to 3rd July, 1878. Wprecautions for preventing, as far as may be practicable, the WHEREAS is expedient to empower the Governor to take spreading in this Colony of infectious or contagious diseases, by making regulations and orders applicable to cases of emergency, arising from or relating to the breaking out or spreading of any infectious or contagious disease: 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, as follows: 1. This Act may be cited as 'The Land Quarantine Act, 1878.' 2. It shall be lawful for the Governor in Council from time to time to make such regulations or orders as may seem necessary and expedient to provide for the steps to be taken in case of any infectious or contagious disease of a malignant nature breaking out or spreading fectious diseases in any town or district of this Colony, under circumstances which render it advisable that measures should be promptly taken for securing the public health, and also, in any case at a distance from Perth which may appear to constitute a case of special emergency, to make an order, authorising some person or persons to be named in such order to make such orders and give such directions as may seem to him or them necessary under the circumstances of the case. Any such order of the Governor in Council, as last aforesaid, shall be in force for any period not exceeding one month from the making thereof. Time when any regulation or order shall come into operation 3. Any regulation or order of the Governor in Council, as aforesaid, shall take effect from the date of its publication in the Government Gazette'; and any order authorising any person as aforesaid shall, if Infectious or Contagious Diseases transmitted by telegraph in accordance with the provisions of 'The Telegraphic Messages Act, 1874,' take effect from the publication thereof, by the person authorised thereby as aforesaid affixing the same to the door of the nearest court house or police station; and any order made or direction given, by any such person authorised as aforesaid, shall take effect from the time of its publication in the same manner. 4. Any person knowingly or wilfully disobeying, contravening, or omitting to observe any regulation or order issued by the Governor in Council under this Act, or any order or direction duly given by any one duly authorised under order of the Governor in Council as aforesaid, shall be liable, on conviction before any two Justices, to a penalty not exceeding One hundred pounds. H. ST. GEORGE ORD, An Act for the further limitations of Actions and Suits relating to Real Property. [Assented to 3rd July, 1878. HEREAS it is expedient further to limit the times within Land or Rent, and of charges thereon: Be it enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, as follows: 1. After the commencement of this Act, no person shall make an entry or distress, or bring an action or suit, to recover any land or rent, but within twelve years next after the time at which the right to make such entry or distress, or to bring such action or suit, shall have first accrued to some person through whom he claims; or if such right shall not have accrued to any person through whom he claims, then within twelve years next after the time at which the right to make such entry or distress, or to bring such action or suit, shall have first accrued to the person making or bringing the same. Provision for case of future 2. A right to make an entry or distress, or to bring an action or suit, to recover any land or rent, shall be deemed to have first accrued, estates in respect of an estate or interest in reversion or remainder, or other future estate or interest, at the time at which the same shall have become an estate or interest in possession, by the determination of any estate or estates in respect of which such land shall have been held, or the profits thereof or such rent shall have been received, notwithstanding the person claiming such land or rent, or some person through Time limited to six years when person entitled estate out of possession, &c. Real Property-Limitation of Actions and Suits whom he claims, shall at any time previously to the creation of the estate or estates which shall have determined, have been in the possession or the receipt of the profits of such land, or in receipt of such rent but if the person last entitled to any particular estate on which any future estate or interest was expectant shall not have been to the particular in the possession or receipt of the profits of such land, or in receipt of such rent, at the time when his interest determined, no such entry or distress shall be made, and no such action or suit shall be brought, by any person becoming entitled in possession to a future estate or interest, but within twelve years next after the time when the right to make an entry or distress, or to bring an action or suit, for the recovery of such land or rent, shall have first accrued to the person whose interest shall have so determined, or within six years next after the time when the estate of the person becoming entitled in possession shall have become vested in possession, whichever of those two periods shall be the longer; and if the right of any such person to make such entry or distress, or to bring any such action or suit, shall have been barred under this Act, no person afterwards claiming to be entitled to the same land or rent in respect of any subsequent estate or interest under any deed, will, or settlement, executed or taking effect after the time when a right to make an entry or distress, or to bring an action or suit, for the recovery of such land or rent, shall have first accrued to the owner of the particular estate whose interest shall have so determined as aforesaid, shall make any such entry or distress, or bring any such action or suit, to recover such land or rent. In cases of in or lunacy at the time when the right of action accrues then six years to be allowed from the termination of 3. If at the time at which the right of any person to make an fancy, coverture, entry or distress, or to bring an action or suit, to recover any land or rent, shall have first accrued as aforesaid, such person shall have been under any of the disabilities hereinafter mentioned (that is to say) infancy, coverture, idiocy, lunacy, or unsoundness of mind, then such person, or the person claiming through him, may notwithstanding the the disability or period of twelve years, or six years (as the case may be), hereinbefore limited shall have expired, make an entry or distress, or bring an action or suit to recover such land or rent, at any time within six years next after the time at which the person to whom such right shall first have accrued shall have ceased to be under such disability, or shall have died (whichever of those two events shall have first happened). previous death No time to be allowed for absence beyond sens Thirty years utmost allow ties 4. The time within which any such entry may be made, or any such action or suit may be brought as aforesaid, shall not in any case after the commencement of this Act be extended or enlarged by reason of the absence beyond seas during all or any part of that time of the person having the right to make such entry, or to bring such action or suit, or of any person through whom he claims. 5. No entry, distress, action, or suit shall be made or brought by ance for disabili- any person who at the time at which his right to make any entry or distress, or to bring an action or suit to recover any land or rent, shall have first accrued, shall be under any of the disabilities hereinbefore mentioned, or by any person claiming through him, but within thirty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the |
