execution there on lodged with the Sheriff. Deeds to take effect according to priority of registration. Term instrument. As to official seal. Deposit of examined copy of any instrument. Proviso as to &c. writ of execution on any such judgment, against the lands or hereditaments of the person against whom such judgment shall be obtained, when delivered to the Sheriff of the said Colony or the Sheriff of any district thereof as the case may be, shall affect and be deemed to have bound such lands from the time of such delivery thereof in like manner as any writ of fieri facias now binds goods and chattels. 11. And be it enacted, That after the passing of this Act so much of the said recited Act as enacts that no deed, conveyance, or other instrument in writing, conveying or affecting any lands, tenements, or hereditaments, shall be subject to lose any priority to which the same might otherwise be legally entitled,, if the same be registered in conformity with that Act within the times therein for that purpose limited, shall be and the same is hereby repealed, and that all deeds and other instruments affecting any lands or hereditaments in New South Wales or its Dependencies, which shall be executed or made after the passing of this Act, and which shall be duly registered under the provisions of this Act, shall have and take priority not according to their respective dates but according to the priority of registration thereof only: Provided always, that this section shall not extend to or affect any deed which shall be executed at any place in Europe within twelve months, or at any other place elsewhere out of New South Wales within six months after the passing of this Act. 12. [Representative of party if dead, or agent of an absent party, may sign memorial in his name.] 13. [False oaths made punishable.] 14. And be it enacted, That the term "instrument" hereinbefore used, shall, for the several purposes of this Act, be construed to include not only conveyances and other deeds, but also all instruments in writing whatsoever whereby real estate shall be affected or shall be intended so to be. 15. [Registrar to cause proper indexes to be made.] 16. And be it enacted, That in all cases where under the said recited Act an acknowledgment is required to be certified under an official seal, the seal actually affixed to any such acknowledgment, or to any certificate thereof, shall for the purposes of the said Act be taken to be the official seal of the officer taking or certifying the same, and no evidence to prove the contrary shall be admissible in any case either at law or in equity. 17. And be it enacted, That in all cases where, after the passing of this Act, in addition to a memorial of the instrument intended to be registered, there shall also be therewith deposited in the office of the Registrar of the said Supreme Court at Sydney, or the Deputy Registrar of the said Court at Port Phillip, as the case may be, an examined copy of such instrument at full length, certified by the oath of two credible persons, such oath having been taken before a Judge or any Commissioner appointed under this Act, or before such Registrar or Deputy Registrar, to be a true copy of the original to which the same relates, and by the oath in like manner of the attesting witness or witnesses to such original instrument, that it was duly executed by the several parties thereto, or by such of them as shall appear to have executed the same; every such original instrument, and also, in all cases where secondary evidence thereof would be receivable, every such examined copy thereof shall or lawfully may be received and given in evidence in any suit or proceeding whatsoever, without proof of its execution by the parties or any of them, whose execution shall have been so attested and certified, and as if such execution by the said parties had been proved in the ordinary manner. 18. Provided always and be it enacted, That in every such case as last aforesaid, such time of deposit, examined copy shall have been referred to in the memorial as accompanying or intended to accompany the same, and that it shall have been deposited as aforesaid within two months, or, if executed out of the said Colony, within twelve months, after the date of the instrument to which it relates, or, if executed before the passing of this Act, within six months after the passing hereof; and the day and hour of such deposit shall, immediately after receipt of such examined copy, be endorsed thereon, and also on the original instrument of which it purports to be a copy, which endorsements respectively, being signed by the said Registrar or Deputy Registrar making the same, shall, on proof of such signature, be received as conclusive evidence of the fact or facts therein stated; and every such examined copy, being consecutively numbered according to the order of its receipt, and also marked with the number of the memorial to which it relates, shall thenceforth be carefully retained by such Registrar or Deputy Registrar and preserved for future reference; and no such copy shall be received with any interlineation or erasure therein, unless the same shall be noticed in the margin opposite thereto by the signatures of the persons certifying on oath to such copy. Facilitating pro duction of examined copy in evidence. 19. And be it enacted, That in every case where the production of any such examined copy as aforesaid, or of any memorial, shall be required for the purposes of evidence under this Act, the same shall or may be produced respectively either by the said Registrar or any Clerk in the office of such Registrar or Deputy Registrar appointed by him for that purpose, or by leave of a Judge by any other person, upon security given to the satisfaction of such Judge for the safe keeping thereof, and for the return of the same uninjured within a reasonable time to be limited for that purpose. cases as to deeds 20. And be it enacted, That with respect to every deed of feoffment hereafter executed, Effect of regis of which any such examined copy, certified as aforesaid, shall be duly deposited in the tration in the office of the said Registrar or Deputy Registrar, in manner aforesaid, the registration of last-mentioned the memorial referring to such copy shall operate as and be for all purposes equiva- of feoffment. lent to livery of seisin, as to the lands and hereditaments comprised in and intended to be conveyed by such deed of feoffment, the same in all respects as if there had been livery of seisin actually made and given of the same lands and hereditaments in the most valid and effectual form and manner. execution.. 21. And be it enacted, That every deed or instrument of release executed after the Recital of lease passing of this Act shall be as effectual as if the releasing parties who shall have exe- evidence of its cuted the same had also executed a lease for a year for giving effect to such release, although no such lease shall be executed; and that the recital or mention of a lease in a release, executed before the passing of this Act, shall be conclusive evidence of the execution of such lease. 22. [Proviso as to memorials relating to lands in Port Phillip.] INDEX. ACCUMULATION, trusts for, beyond certain periods, or for of deeds, &c., by married women, 144. to be divided into sections without intro- may be referred to as "Acts of Council," where a portion of a section only is amended or repealed, such portion must be recited repealed enactments to remain in force until repeal not to affect things commenced to be Acts to be all deemed Public Acts, unless words importing masculine gender to "Governor," ib. power to do any act may be exercised from power to make rules and regulations to false oath, affirmation, punishable, ib. or declaration where justices may enforce or impose penal- no conviction or order to be quashed for appropriation of fines: when Act silent half ALIENS-continued. cannot hold Parliamentary, Municipal, or cannot be owner of a British ship, ib. not entitled to rights or privileges of British after five years' residence in Colony, may Governor may grant or withhold certificate, no appeal to lie from Governor's decision, ib. married woman to be deemed a subject of children under sixteen, of alien parents, persons naturalized in other British territory oath of allegiance, form of, ib. Governor to mean Governor with the advice ANNE, STATUTE OF (4 Ann. c. 16), 8. See ANNUITY. See Real Property Act. 44. by will, how executed, 1 Vic. c. 26, s. 10, 187. deed and schedule, 5. account of property, &c., annexed, ib. ATTORNEY, POWER OF. See Powers of ATTORNMENT OF TENANTS, rendered unnecessary (4 Anne, c. 16), 8. for a year, rendered unnecessary on the con- See Registration of Deeds, District Courts. BAR OF ESTATE TAIL. See Registration BONA FIDE PURCHASER OR MORT- society may receive sum of money by way trustees, receipts of, to act as reconveyance, evidence of appointment of, ib. certain sections of Friendly Societies Act CASE, when may be stated for Supreme Court, 109. CHARGE OF DEBTS. See Trust Property Act. Governor to appoint Commisioners, 14. Commissioners to be guided by real justice witnesses not appearing or refusing to give mortgage, effect of mortgages and judgments fees to be paid by claimant (Schedule reference in certain cases under 22 Vic. No. 1, to Commissioners, 152. COLONIAL LAWS VALIDATION (28 & 29 COMPANIES SEALS (27 Vic. c. 19). power to have official seal, to be used for to be fac-simile of common seal of company, |