nature and character of such contents are correctly described in the consignment note or invoice or bill of lading relating to such cask case package parcel or consignment.

bag for certain

8. The Commissioners may decline to carry wheat maize barley Limit of size of and pease if contained in a bag having a greater capacity than a bag grain. measuring forty-four inches long by twenty-six and one-half inches wide.

CHURCH OF ENGLAND ACT 1904.

4 Edw. VII. No. 1947. An Act to further amend the Law relating to the Church of England in Victoria.

[30th November, 1904.]

RAILWAYS SPECIAL FUNDS APPLICATION ACT 1904.

4 Edw. VII. No. 1948. An Act to sanction the issue and application of certain Money available under the Country Tramways Trust Fund Act 1904 for Railways and other purposes.

[30th November, 1904.]

MELBOURNE LANDS EXCHANGE ACT 1904.

4 Edw. VII. No. 1949. An Act to authorize the Mayor Aldermen Councillors and Citizens of the City of Melbourne to exchange certain Lands with the Commonwealth.

[30th November, 1904.]

PUBLIC SERVICE ACT 1904.

4 Edw. VII. No. 1950. An Act to amend the Public Service Acts.

[30th November, 1904.]

E it enacted by the King'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 (that is to say):—

construction.

1. (1) This Act may be cited as the Public Service Act 1904, and short title and shall be read and construed as one with the Public Service Act 1890 hereinafter called the Principal Act.

(2) This Act and the Public Service Acts may be cited together as the Public Service Acts.

2. Notwithstanding anything to the contrary in any Act or regulation an officer in the fourth class in the clerical division shall not be required to pass any examination before being promoted to the third class in the said division.

Short title.

Amendment of

s. 5 of No. 644. (6 V. St. 705.)

Company may be appointed

trustee receiver

or committee of estate under Lunacy Acts or

sole guarantor

or surety.

THE EXECUTORS COMPANY'S ACT 1904.

4 Edw. VII. No. 1951.
Executors Company's Act.

An Act to further amend The

[30th November, 1904.]

E it enacted by the King'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 (that is to say):—

1. This Act may be cited as The Executors Company's Act 1904. 2. For section five of The Executors Company's Act there shall be substituted the following section, namely:

5. In all cases in which any court of justice or any person having authority or power to appoint any person a trustee or receiver or a committee of the estate under the Lunacy Acts or a sole guarantor or surety for any person appointed as administrator shall see fit to appoint The Trustees Executors and Agency Company Limited as trustee or as receiver or as committee of the estate under the Lunacy Acts or as such sole guarantor or surety it shall be lawful for the said company to be so appointed and to act until removed from such office as such trustee or receiver or committee or sole guarantor or surety and to perform and discharge all acts and duties pertaining to the position of trustee receiver committee or sole guarantor or surety. And the capital of the said company both paid and unpaid and all other assets of the company shall be liable for the proper discharge of the duties committed to the said company and shall be deemed sufficient security for the discharge of such duties in place of the bond required from private persons when appointed as receiver committee guarantor or surety.

NORTHERN SUBURBS CEMETERY ACT 1904.

4 Edw. VII. No. 1952. An Act to provide for the establishment of a Cemetery for the Northern Suburbs.

BE

[30th November, 1904.]

E it enacted by the King'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 (that is to say):

1. This Act may be cited as the Northern Suburbs Cemetery Act Short title. 1904.

purposes.

2. The corporations of the mayor aldermen councillors and citizens Certain corporaof Melbourne, the mayor councillors and burgesses of the towns of ions may North Melbourne Essendon and Brunswick and of the borough of cemetery Flemington and Kensington, and the president councillors and ratepayers of the shires of Coburg and Broadmeadows may with the consent of the Governor in Council either jointly or solely acquire and hold land for the purposes of a cemetery.

deemed to be

3. Such of the said corporations as shall within three months after Corporations the passing of this Act by deed under their several corporate seals trustees and agree as to the terms and conditions upon which they shall jointly may agree to acquire and hold such land for such purpose shall be deemed to be the land.

terms as to

trustees of such cemetery within the meaning of the Cemeteries Act How appointed. 1890 and the Cremation Act 1903, and shall be appointed as such by the Governor in Council and such appointment shall be published in the Government Gazette.

managers and

4. Such corporations may by such deed appoint such of their who to be members as they may decide to be "managers" of the said cemetery term of office. and such managers shall not hold office for a longer period than three years unless re-appointed.

persons.

5. (1) The trustees of the cemetery may, and upon an order signed Burial of poor by a justice shall, permit any poor person to be buried in such cemetery (No. 1843 s. 7.) free of any charge whatsoever; and if such person shall be known or believed to have belonged to any particular religious denomination he shall be buried in the portion of the cemetery (if any) set apart for such denomination. Provided nevertheless and it is hereby directed that every justice before signing any such order shall satisfy himself that such person died without sufficient means to pay burial expenses and that his relatives and friends are unable to pay the charge.

(2) Section forty-nine of the Cemeteries Act 1880 shall not apply Section 49 of No. to the cemetery.

1072 not to

apply.

6. The provisions of the Cemeteries Act 1890 and the Cremation Application of Act 1903 where applicable shall apply to any cemetery established N 1072 and under the provisions of this Act.

1876.

borrow.

Ib. s. 5.

7. The trustees may from time to time with the consent of the Power to Governor in Council borrow such moneys as they deem necessary not exceeding in the whole the sum of Fifteen thousand pounds on deben.tures or otherwise to be secured on the revenue of the cemetery in order to enable them to carry out and perform the powers authorities and duties vested in them as trustees.

Short title; commencement

extent.

No. 1102.

Repeal.

CONVEYANCING ACT 1904.

4 Edw. VII. No. 1953. An Act for simplifying and improving the practice of Conveyancing and the Law of Property and for other purposes.

[30th November, 1904.]

E it enacted by the King'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:

I. PRELIMINARY.

1. (1) This Act may be cited as the Conveyancing Act 1904. (2) This Act shall commence and take effect from and immediately after the thirty-first day of January, One thousand nine hundred and five.

(3) Except as hereinafter provided this Act so far as inconsistent with the Transfer of Land Act 1890 and any Act amending the same shall not apply or be deemed to apply to lands whether freehold or leasehold which are under the operation of that Act.

2. (1) The Acts mentioned in the First Schedule to this Act to First Schedule. the extent to which the same are thereby expressed to be repealed are hereby repealed.

Interpretation.
44 & 45 Vict.
c. 41 s. 2.

Ib.

Ib.

(2) The repeal by this Act of any enactment shall not affect the validity or invalidity or any operation effect or consequence of any instrument executed or made or of anything done or suffered before the commencement of this Act or any action proceeding or thing then pending or uncompleted and every such act proceeding and thing may be carried on and completed as if there had been no such repeal in this Act

3. In this Act

(a) "Conveyance," unless a contrary intention appears, includes assignment appointment lease settlement and other assurance, and covenant to surrender made by deed on a sale mortgage demise or settlement of any property or on any other dealing with or for any property; and convey, unless a contrary intention appears, has a meaning corresponding with that of conveyance;

(b) "Court," unless the contrary is expressed, means the Supreme Court of Victoria.

(c) "Incumbrance" includes a mortgage in fee or for a less estate and a trust for securing money and a lien and a charge of a portion annuity or other capital or annual sum and incumbrancer" has a meaning corresponding with that of incumbrance and includes every person entitled to the benefit of an incumbrance or to require payment or discharge thereof;

Ib.

See Ib.

c. 38 s. 2 (3).

(d) "Insolvency" includes liquidation by arrangement and any
other act or proceeding in law having under any Act
effects or results similar to those of insolvency, and insol-
vent has a meaning corresponding with that of insolvency;
(e) "Instrument" includes deed will and Act of Parliament;
(f) "Land," unless a contrary intention appears, includes land Ib.
of any tenure or kind soever and any estate or interest 45 & 46 Vict.
therein and tenements and hereditaments corporeal or in-
corporeal and houses and other buildings, also an undivided
share in land; and in relation to land income includes rents
and profits and possession includes receipt of income;
(g) "Mortgage" includes any charge on any property for secur- 44 & 45 Vict.
ing money or money's worth; and mortgage money means
money or money's worth secured by a mortgage, and
mortgagor includes any person from time to time deriving
title under the original mortgagor or entitled to redeem a
mortgage according to his estate interest or right in the
mortgaged property, and mortgagee includes any person
from time to time deriving title under the original
mortgagee; and mortgagee in possession is for the purposes
of this Act a mortgagee who in right of the mortgage has
entered into and is in possession of the mortgaged property;

c. 41 s. 2.

(h) "Property," unless a contrary intention appears, includes See 44 & 45 Vict. real and personal property and any debt and any thing in c. 18.2. action and any other right or interest in the nature of c. 39 s. 1 (4). property whether in possession or not;

45 & 46 Vict.

c. 41 s. 2.
45 & 46 Vict.

(i) “Purchaser,” unless a contrary intention appears, includes 44 & 45 Vict.
a lessee or mortgagee or an intending purchaser lessee or
mortgagee or other person who for valuable consideration c. 39 s. 1 (4 ii.).
takes or deals for property, and purchase unless a contrary
intention appears has a meaning corresponding with that
of purchaser;

(j) "Rent" includes yearly or other rent toll duty royalty or 44 & 45 Vict.
other reservation by the acre the ton or otherwise, and c. 41 s. 2.

'fine" includes premium or fore-gift and any payment
consideration or benefit in the nature of a fine premium or
fore-gift;

(k) "Securities" include stocks funds and shares; and

Ib.

(2) "Will" includes codicil and other testamentary instrument See 45 & 46 Vict. and a writing in the nature of a will.

II. SALES AND OTHER TRANSACTIONS.

Contracts for Sale.

c. 38 s. 2 (10 vii.).

stated condi

4. (1) In the completion of any contract for sale of land made Application of after the commencement of this Act and subject to any stipulation to tions of sale to the contrary in the contract, recitals statements and descriptions of all purchases. facts matters and parties contained in deeds instruments Acts of 44&45 Vict.

VOL. II,

8

c. 41 s. 3.