No. 213. deductions. taining the ap c. 22 s. 2. 27 VICTORIA, of this Act, shall be apportioned so and in such manner that on the death of any person interested in any such rents annuities pensions dividends compositions or other payments as aforesaid or in the estate fund or office from or in respect of which the same shall be issuing or divided, or on the determination by any other means whatsoever of the interest of any such person, he or she and his or her executors administrators or assigns shall be entitled to a proportion of any such rents annuities pensions dividends compositions and other payments according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be), including the day of the death of such person Subject to all just or of the determination of his or her interest, all just allowances and deductions in respect of charges on such rents annuities pensions Remedies for ob- dividends compositions and other payments being made: and that portioned parts. every such person his or her executors administrators and assigns 4 & 5 Will. IV. shall have such and the same remedies at law and in equity for recovering such apportioned parts of the said rents annuities pensions dividends compositions and other payments, when the entire portion of which such apportioned parts shall form part shall become due and payable and not before, as he she or they would have had for recovering and obtaining such entire rents annuities pensions dividends compositions and other payments if entitled thereto; but so that persons liable to pay rents reserved by any lease or demise and the lands tenements and hereditaments comprised therein shall not be resorted to for such apportioned parts specifically as aforesaid, but the entire rents of which such portions shall form a part shall be received and recovered by the person or persons who if this Act had not passed would have been entitled to such entire rents; and such portion shall be recoverable from such person or persons by the parties entitled to the same under this part of this Act in any Act not to apply action or suit at law or in equity. Provided always that the provisions in this Part of this Act contained shall not apply to any case in which it shall be expressly stipulated that no apportionment shall take place, or to annual sums made payable in policies of assurance of any description. to certain cases. Ib. s. 3. Relief against forfeiture for breach of cove certain cases. PART XIX.-RELIEF AGAINST FORFEITURE FOR NOT INSURING. 218. The Supreme Court in its equitable jurisdiction shall have power to relieve against a forfeiture for breach of a covenant or connant to insure in dition to insure against loss or damage by fire, where no loss or damage by fire has happened, and the breach has in the opinion of the court been committed through accident or mistake or otherwise without fraud or gross negligence, and there is an insurance on foot at the time of the application to the court in conformity with the covenant to insure, upon such terms as to the court may seem fit. 22 & 23 Vict. c. 35 s. 4. When relief granted the same to be recorded. Ib. s. 5. Court not to re lieve any person more than once 219. The court where relief shall be granted shall direct a record of such relief having been granted to be made by indorsement on the lease or otherwise. 220. The court shall not have the power under this Act to in respect of the relieve the same person more than once in respect of the same covenant or condition; nor shall it have power to grant any relief under this Act, where a forfeiture under the covenant in respect of same covenant &c. Ib. s. 6. which relief is sought shall have been already waived out of court in 27 VICTORIA, favor of the person seeking the relief. PART XX.-RELEASE OF PART OF HEREDITAMENTS FROM CHARGES. No. 213. from rent charge. 221. The release from a rent charge of the hereditaments Restriction on charged therewith shall not extinguish the whole of such rent ease of part of charge, but shall extend only to bar the right to recover any part of hereditaments the rent charge out of the hereditaments released; without prejudice 22 & 23 Vict. c. 35 nevertheless to the rights of all persons interested in the heredita- s. 10. ments remaining unreleased and not concurring in or confirming the release. land charged not to affect execu Ib. s. 11. 222. The release from an execution of part of any heredita- Release of part of ments charged therewith shall not affect the validity of the execution as to the hereditaments remaining unreleased or as to any other tion. property not specifically released; without prejudice nevertheless to the rights of all persons interested in the hereditaments or property remaining unreleased and not concurring in or confirming the release. This is to certify that the within named A.B. came this day before me the undersigned one of the judges of the Supreme Court [or before me the undersigned Master in equity or before me the undersigned E.F. a perpetual commissioner appointed for taking the acknowledgment of deeds pursuant to the "Real Property Statute 1864" I not being employed to prepare the within deed nor being a party thereto or before me the undersigned a commissioner specially appointed pursuant to the "Real Property Statute 1864" for taking the acknowledgment of any deed by A.B. the wife of B.B. I not being employed to prepare the within deed nor being a party thereto] and acknowledged the within deed to be her act and deed previous to which acknowledgment the said A.B. was examined by me separately and apart from her husband touching her knowledge of the contents of the said deed and her consent thereto and declared the same to be freely and voluntarily executed by her And I do hereby certify that the said A.B. was at the time of her acknowledging the said deed of full age and competent understanding. Dated the day of A.D. 18 Section 123. THIRD SCHEDULE. This is to certify that the within named A.B. came this day before me the undersigned one of the judges of the Supreme Court [or before me the undersigned Master in Equity or before me the undersigned E.F. a perpetual commissioner appointed for taking the acknowledgment of deeds pursuant to the "Real Property Statute 1864" I not being employed to prepare the within deed nor being a party thereto or before me the undersigned G.H. a commissioner specially appointed pursuant to the "Real Property Statute 1864" for taking the acknowledgment of any deed by A.B. not being employed to prepare the within deed nor being a party thereto] and acknowledged the within deed to be his [or her] act and deed and that he [or she] was acquainted with and understood the nature and effect thereof. TABLE OF FEES TO BE TAKEN UNDER PART XVII. OF THIS ACT. s. d. 2. For the receipt on every deed or on the memorial of any will 1. For receiving every memorial before whomsoever made including verifying the same 2 6 ... 2 6 ... ... ... ... 20 ... 2 6 5 0900 4. For ditto if memorial exceeds that number of folios per folio of ninety 6. For ditto where the quantity shall be over fifty but under three hundred acres 7. For ditto where the quantity shall exceed three hundred acres 11. For receiving and endorsing every examined copy of an instrument Section 205. No. 318. 31 VICTORIA, An Act to amend the "Real Property Statute 1864." [6th September 1867.] BE it enacted by the Queen's Most Excellent Majesty by and with Signing of memorials in certain cases. Conditions that leases shall be settled by the court not to be inserted in orders of recited Act. the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. [Repealed by 36 Vict. No. 433 s. 1," Real Property (Amendment 1872)," post, p. 2368.] 2. The two hundred and fourteenth section of the "Real Property Statute 1864" shall be and the same is hereby repealed, and in lieu thereof the following shall from the passing of this Act be and be deemed to be and may be cited as the two hundred and fourteenth section of the said Statute (that is to say) :-"Where the "party on whose behalf any instrument required to be registered "shall be dead at the time when the registration thereof shall be "required to be made, any devisee or heir or real or legal personal representative of such party, or the attorney of any such devisee "heir or representative, may, upon application to a judge of the "Supreme Court in chambers and upon proof to the satisfaction of "such judge of the fact of the death of such party and upon the "order of such judge, sign the memorial of such instrument in the "name and on the behalf of the original party thereto; and such "signing shall be as valid and effectual to all intents and purposes "as if such memorial had been signed by some or one of the parties "to the original instrument in person. Every memorial, already "registered or which shall hereafter be registered, of any deed or "instrument affecting or relating to any land signed by the attorney "of any person being a party to such instrument, if the execution of "such instrument was within the scope of the powers and authorities "conferred upon such attorney, shall be deemed to have been and "shall be as valid and effectual, without any order of a judge in "that behalf, as if such memorial had been signed by some or one of "the parties to the original instrument in person.' 3. In orders to be hereafter made under the eighty-eighth section of the said "Real Property Statute 1864," for vesting any powers of leasing in any trustees or other persons, no condition shall under section 88 be inserted requiring that the leases thereby authorised should be submitted to or be settled by the court or the master in equity (or be made conformable with any model lease which may hereafter be deposited in the office of the master in equity), save only in any case in which the parties applying for the order may desire to have any such condition inserted or in which it shall appear to the court that there is some special reason rendering the insertion of such a condition necessary or expedient. Conditions already inserted out by court. 4. In all cases of orders already made in pursuance of the said may be struck eighty-eighth section in which any such condition as aforesaid has been inserted, it shall be lawful for any party interested to apply to the court to alter and amend such order by striking out such condition, and the court shall have power to alter the same accordingly, and the order so altered shall have the same validity as if it had |