of of No. 391. the land was expressed to have been granted promised or reserved]: that the only trustees 34 VICTORIA, of the said land resident in the Colony of Victoria are [state names and addresses of all resident trustees] of That the only buildings upon the said land are [state generally the nature of all buildings on the land, or if none, state that there are none] and that the only persons entitled to minister in or occupy the same are the abovenamed [if there are no such persons state the fact and omit preceding reference to the consent of such persons]. Signature of head or authorised representative We consent to this application. Signatures of trustees Signatures of persons entitled to minister in or occupy building or buildings. A statement of trusts having been submitted by the head or authorised representative of the denomination of under the provisions of the " Act to provide for the abolition of State Aid to Religion" for allowance by the Governor, the same was allowed by him on the day of 18 and the following is the form in which such statement of trusts has been allowed [set out statement of trusts in full from the application, subject to any modification which may have been made therein]. As witness the hand of the Governor of the Colony of Victoria the day of Section 7. No. 12. 6 WILLIAM IV., An Act to remove doubts respecting the power of the Supreme Court of New South Wales to do and perform certain acts which are required to be done and performed by His Majesty's Courts in England. [9th October 1835.] WHEREAS it is expedient to remove doubts respecting the Preamble. Supreme Court authorised to perform certain be performed by courts in Eng land. power the Supreme Court of New South Wales to do and perform certain acts matters and things which may be done by his Majesty's courts in England: Be it therefore enacted by His Excellency the Governor of New South Wales with the advice of the Legislative Council thereof: 1. That where any Act of Parliament in force in England on the first of March in the year of our Lord One thousand eight hunActs required to dred and twenty-nine and applicable to the said colony, or any Act of Parliament adopted and directed to be applied in the said colony, shall authorise and direct any proceeding act matter or thing to be had done performed or executed by or before His Majesty's courts at Westminster or the respective judges thereof in the administration of justice, every such proceeding act matter and thing shall be, and the same is hereby authorised and directed to be, had done executed and performed by the Supreme Court of New South Wales and the respective judges thereof in like manner as if the same had been in and by such Act of Parliament expressly authorised and directed to be had done executed and performed by the said Supreme Court of New South Wales, or the respective judges of the said court. Preamble. An Act to regulate the Taxation of Attorneys' Bills for law equity criminal conveyancing or other business transacted by them as such attorneys, should be liable to be taxed, and that the practice of conveyancing should be regulated: Be it enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof : [All previously unrepealed parts of this Act (except section 13) were repealed by 28 Vict. No. 274 s. 2, "Common Law Procedure," ante, p. 110, and by 29 Vict. No. 290 s. 3, "Common Law Procedure (Amendment)," ante, p. 227.] No. 33. 13. And be it enacted, That from and after the first day of 11 VICTORIA, January next, every person who shall for or in expectation of any fee gain or reward directly or indirectly draw or prepare any convey- Conveyancing ance or other deed or instrument in writing relating to any real how prohibited. estate() or any proceedings in law or equity (other than and except barristers or attorneys and solicitors of the Supreme Court, or certificated conveyancers as hereinafter mentioned; and other than and except persons solely employed to engross any deed instrument or other proceeding not drawn or prepared by themselves and for their own account respectively; and other than and except public officers drawing or preparing official instruments applicable to their respective offices and in the course of their duty), shall be deemed guilty of a contempt of the Supreme Court and shall and may be punished accordingly for every such offence, upon the application of any person complaining thereof; or shall for every such offence forfeit and pay the sum of twenty pounds, to be sued for and recovered in a summary way before any two or more justices of the peace and in accordance with the provisions of an Act passed in the fifth year of His late Majesty King William the Fourth intituled "An Act to 5 Will. IV. No. regulate summary proceedings before Justices of the Peace."(c) SUPREME COURT (CONSTITUTION). 22. (a) A transfer of land under 29 Vict. No. 301 is within this section.-In re Strong, 4 A.J.R., 150. But a bill of sale is not.-Franklin v. Drew, 3 A.J.R., 26. (b) After cause has been shown against commitment for contempt of court by breach of this section, and after the court has determined that there was a contempt, and has adjudged the defendant to be committed to gaol, there is no need to exhibit interrogatories against the defendant.-In re Thompson, ex parte Johnston, 1 W. & W. (L.), 24. The rule for attachment must specify precisely the contempt which is to be answered.-In re Heron, 5 A.J.R., 161. 14 ... 15 (c) The Act 25 Vict. No. 159 repealed the Act 5 Will. IV. No. 22 generally; and on proceedings being taken under this section in a summary way in accordance with the Act so repealed, it was held by the justices that such repeal effected also a repeal of the remedy provided, and that the justices had no jurisdiction. Held, that this was a misapprehension, and that, for the purposes of the referring Act, the provisions incorporated from the Act referred to still existed in full force just as if they had originally been enacted in full in the referring Act.-Fenton v. Dry, 1 W. W. & a'B. (L.), 64. Preamble. 13 & 14 Vict. c. 59 s. 28. Ib. s. 29. An Act to make provision for the better Administration of Justice in the colony of Victoria. [6th January 1852.] THEREAS by an Act of the Imperial Parliament of Great Britain and Ireland passed in the thirteenth and fourteenth year of the reign of Her present Majesty intituled "An Act for the better Government of Her Majesty's Australian Colonies," it was enacted, that it should be lawful for Her Majesty by letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland to erect and appoint a court of judicature in the colony of Victoria which should be styled "The Supreme Court of the colony of Victoria," and that such court should be holden by one or more judge or judges and should have such ministerial and other officers as should be necessary for the administration of justice in the said court and for the execution of judgments decrees orders and process thereof, and that it should be lawful for the Governors and Councils of the colonies of New South Wales Van Diemen's Land and Victoria respectively from time to time by any Act or Acts to make such provision as to them might seem meet for the better administration of justice and for defining the constitution of the courts of law and equity and of juries within the said colonies respectively, or within any present or future dependencies thereof respectively anything in an Act of the ninth year of King George the Fourth intituled "An Act to provide for the more effectual administration of Justice in New South Wales and its dependencies," or in the said recited Act or in any Charter of Justice or Order in Council made or issued in pursuance thereof respectively, or in any law statute or usage to the contrary thereof notwithstanding: And whereas no such letters patent have been received in the said colony of Victoria, and the exigencies of the said colony have rendered it necessary to make provision for the better administration of justice therein, and it is expedient to repeal the several Acts and portions of Acts of the Governor and Legislative Council of the colony of New South Wales No. 10. hereinafter mentioned: Be it therefore enacted by His Excellency 15 VICTORIA, the Lieutenant-Governor of the colony of Victoria by and with the advice and consent of the Legislative Council thereof: 1. That from and after the commencement of this Act an Act Repeal of Acts. of the Governor and Legislative Council of the said colony of New South Wales passed in the fourth year of the reign of Her present Majesty Queen Victoria intituled "An Act to provide for the more 4 Vict. No. 22. effectual administration of justice in New South Wales and its dependencies," and an Act passed in the fifth year of the reign of Her present Majesty Queen Victoria intituled "An Act to make further 5 Vict. No. 4. provision for the trial of cases in the circuit courts of New South Wales and to amend in certain respects the Act providing for trial by jury in such courts," and the first second third fourth fifth sixth 123456789 seventh eighth ninth tenth eleventh twelfth thirteenth fourteenth 31 sections of 5 and thirty-first sections of an Act passed in the said fifth year of the Vict. No. 9, and reign of Her present Majesty Queen Victoria intituled "An Act for the further amendment of the Law and for the better advancement of justice," and also an Act passed in the seventh year of the reign of 10 11 12 13 14 & Her present Majesty Queen Victoria intituled "An Act for regulating 7 Vict. No. 13. the appointment and duties of Sheriff in New South Wales," shall be and the same are hereby repealed so far as they relate to the said colony of Victoria. of the colony of lished. 2. That from and after the commencement of this Act a court Supreme Court shall be holden in and for the colony of Victoria and its depen- Victoria estabdencies, which shall be styled "The Supreme Court of the colony of Victoria." Provided however, and be it enacted, That no action suit Proviso. or other proceeding at law or in equity, or any matter or thing, whether civil or criminal or relating to affairs ecclesiastical or of any other description whatsoever, which shall then be depending in the several departments of the Supreme Court of New South Wales for the district of Port Phillip, shall abate surcease or become discontinued, but the same and every of them shall be proceeded with heard and determined in the Supreme Court of the colony of Victoria under the several provisions of this Act without any alteration in their intituling address or any part thereof respectively: Provided also that no appeal then pending from the judgment decision decree or order of the Supreme Court of New South Wales for the district of Port Phillip or the resident judge thereof heretofore pronounced or made, nor the appeal from any judgment decision decree or order of such court or judge to be hereafter pronounced or made in any cause or matter then depending or undecided and or undecided and upon which judgment has been reserved to the Supreme Court of New South Wales or the judges thereof shall be affected by the provisions of this Act, but the same may be respectively instituted proceeded with heard and determined and the judgment thereon enforced as if this Act had not been passed. 3. That such Supreme Court of the colony of Victoria shall Judges. consist of and be holden by and before a judge or judges not exceeding three in number, each of whom shall be a practising barrister of England or Ireland or advocate of Scotland of not less than five years standing, or a practising barrister of the said court not previously admitted in any of the superior courts of Westminster |