No. 318. originally been made in its altered state; but nothing herein con- 31 VICTORIA, tained shall make it obligatory on the court to act under this section in any case in which from the evidence which was before it when the order sought to be altered was made, or from any other evidence, it shall appear to the court that there is any special reason why in the case in question such a condition is necessary or expedient. struction of sect. 5. And whereas doubts are entertained whether in the construc- Removal of tion of the seventy-ninth section of the said Statute the court is doubts as to conbound by the state of facts existing at the period of the settlement 79 of recited Act. taking effect, or by the state of facts at the time of an application to the court under the said Statute, and it is desirable that such doubts should be removed: Be it enacted that the court, in determining what are settled estates within Part V. of the "Real Property Statute 1864," shall be governed by the state of facts and by the trusts or limitations of the settlement at the time of the said settlement taking effect. tions to be deemed to be portion of Part V. 6. The three last preceding sections of this Act shall be deemed The three last to be portion of Part V of the "Real Property Statute 1864," and preceding sec to be included in the citation thereof by its short title, and all proceedings under the said sections shall be subject to the same rules of the "Real and orders, and shall be conducted in the same manner as proceedings 1884." under the said Part of the said Statute. Property Statute An Act to amend the "Real Property Statute 1864." [29th December 1870.] E it enacted by the Queen's Most Excellent Majesty by and with 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:: Real Property lieu thereof. 1. The one hundred and nineteenth section of the "Real Section 119 of Property Statute 1864" shall be and the same is hereby repealed and Statute repealed in lieu thereof the following shall be and shall be deemed to have and enactment in been from the time of the coming into operation of the said Statute 19 & 20 Vict. and may be cited as the one hundred and nineteenth section of the c. 120 s. 44. said Statute (that is to say) "The provisions of this Part of this "Act shall extend to all settlements whether made before or after "the passing hereof, except those as to demises to be made without "application to the court which shall extend only to settlements. "made on or after the twenty-fourth day of November One thousand "eight hundred and fifty-seven." Section 1 of No. 318 repealed. Section sub stituted in lieu of perty Statute 1864." An Act to further amend the Statute 1864." "Real Property [17th December 1872.] 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 the authority of the same as follows: 1. The first section of the Act No. CCCXVIII., intituled "An Act to amend the Real Property Statute 1864," shall be and the same is hereby repealed. 2. The following shall be deemed to have been from the time of the 64th section the coming into operation of the "Real Property Statute 1864" of the Real Pro- and may be cited as the sixty-fourth section of the said Statute:"The preceding sections of this Part of this Act shall not extend to the dower of any widow who shall have been married on or before the first day of January in the year of our Lord One thousand eight hundred and thirty-seven, and shall not give to any will deed contract engagement or charge executed entered into or created before that day the effect of defeating or prejudicing any right of dower.” An Act to Consolidate the Law relating to the [9th May 1865.] E 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 the authority of the same as follows: 1. This Act shall come into operation on the first day of June Title. in the year of our Lord One thousand eight hundred and sixty-five VOL. III. 2 L 28 VICTORIA, and shall be called and may be cited as "The Registration of Births "Deaths and Marriages Statute 1865." No. 246. Repeal of Act. 2. The Act mentioned in the First Schedule to this Act shall First Schedule. be and the same is hereby repealed: but all proclamations appointments registrations and things lawfully made or done or remaining in force and all offences committed and penalties incurred under the said Act shall continue and be in force and may be prosecuted and enforced respectively as if this Act had not been passed. Interpretation clause. Appointment of officers. Division of colony. General registry office. 6 & 7 Will. IV. c. 86 s. 2. Deputy registrar trict. 3. In the interpretation of this Act the term "occupier of any "house or tenement" shall be taken to comprehend and mean the owner lessee or other person in the occupation of any building and the gaoler master or superintendent of every gaol prison, reformatory or industrial school hospital lunatic asylum or public or charitable institution. 4. The Governor in Council may from time to time appoint and as occasion may require remove a Registrar-General and Assistant Registrars-General and deputy registrars. 5. The Governor in Council may by proclamation in the Government Gazette divide the colony of Victoria into districts and assign the said colony and districts to the said Registrar-General and deputy registrars respectively or to so many of them as he may think fit, and may define the limits of such districts, and from time to time revoke vary and alter such division and the limits of such districts. 6. The Governor in Council may from time to time appoint an office as a general register office and so many other fit and proper register offices as may be necessary for keeping a register of all births deaths and marriages of the inhabitants of Victoria, and may revoke and alter such appointments. 7. Every deputy registrar shall dwell within the district of to reside in dis- which he is deputy registrar and shall cause his name with the addition of deputy registrar for the district for which he shall be so appointed to be placed in some conspicuous place on or near the outer door of his office for registration. Ib. s. 16. Governor in Fees to be taken under this Act. In the case of illness or unavoidable absence of Regis trar-General or 8. The Governor in Council may from time to time frame rules and regulations for the management of the register offices for the guidance of the Registrar-General and Assistant Registrar-General and deputy registrars in the execution of their several duties and for the more effectually carrying out the provisions of this Act so that none of such rules and regulations be contrary to the provisions hereof, and may from time to time alter amend or repeal such rules and regulations and substitute others in their stead. 9. The Governor in Council may from time to time appoint reasonable fees for performing any duties under this Act and all such fees shall be accounted for by such Registrar-General and deputy registrars. 10. In the case of illness or other unavoidable absence of the Registrar-General or of any Assistant Registrar-General or of any deputy registrar the Governor in Council may appoint by writing notified in the Government Gazette a fit person to act in the place 28 VICTORIA, and stead of such Registrar-General or Assistant Registrar-General No. 246. or deputy registrar; and every such person while so acting shall deputy or assisthave all the powers and duties and be subject to all the provisions ant registrar a and penalties herein declared concerning the Registrar-General and appointed. deputy registrars respectively. substitute to be 6 & 7 Will. IV. c. 86 s. 12. Chief Secretary to be laid before 11. The Registrar-General shall send once in every year to the Registrar-GeneChief Secretary a general abstract of the number of births deaths ral to report to and marriages registered during the foregoing year in such form as annually. Report the Chief Secretary shall from time to time require; and every such Parliament. annual general abstract shall be laid before the Legislative Council Ib. s. 6. and Legislative Assembly within one month after the receipt thereof or after the next meeting of Parliament. 12. The Registrar-General shall cause to be furnished at the Register forms to public expense to every deputy registrar a sufficient number of be provided. register forms for registering as hereinafter provided births and deaths respectively and to every person empowered by any law now or hereafter to be in force to celebrate marriages a sufficient number of marriage register forms. to be registered this Act. 13. Every deputy registrar is hereby authorised and required to Births and deaths inform himself carefully of every birth and death that shall happen according to the within his district, and as soon after the event as conveniently can forms annexed to be done to learn and register without fee or reward in duplicate in the forms aforesaid the particulars required to be registered according to the forms in the Second and Third Schedules to this Act Second Schedule. annexed touching every such birth or death (as the case may be) which shall not have been already registered; and every such registry shall be made in numerical order. Third Schedule. which births or give notice 14. The father or mother of any child born or the occupier of Parents or occuevery house or tenement in Victoria in which any birth or death piers of house in shall happen shall, in the case of the birth of a child within sixty deaths happen to days next after the day of such birth and in case of a death within thereof. fifteen days after the day of such death respectively, give notice of Ib. s. 19. such birth or death to the deputy registrar of the district; and in case any new born child or any dead body shall be found exposed, the police constable of the district in the case of a new born child, and the coroner or nearest justice in the case of a dead body, shall forthwith give notice and information thereof and of the place where such child or dead body was found to the Registrar-General or to the deputy registrar of the district. 15. If any person hereby required to give such notice or infor- Penalty. mation as aforesaid refuse or without reasonable cause neglect to give the same, he shall for every such offence forfeit a sum not exceeding ten pounds. birth so far as 16. The father or mother of every child born in Victoria or in Parents or occucase of the death absence or inability of the father or the mother quired to give the occupier of the house or tenement in which such child shall have particulars of been born shall within sixty days next after the day of every such known. birth give information to the deputy registrar according to the best of Ib. s. 20. his or her knowledge and belief of the several particulars in the said Second Schedule mentioned and hereby required to be known and Second Schedule. |