Real Property Act 1890 Sections ninety-two, one hundred

and forty-six to one hundred
and fifty-eight, both inclusive.

Supreme Court Act 1890 Sub-section (5a) of section sixty-
three.

SECOND SCHEDULE.

STATUTORY MORTGAGE.

PART I.

Deed of Statutory Mortgage.

THIS INDENTURE made by way of statutory mortgage the

day of

19 between A of [&c.] of the one part and M of [&c.] of the other

now paid

part WITNESSETH that in consideration of the sum of £
to 4 by M of which sum 4 hereby acknowledges the receipt A as mortgagor
and as beneficial owner hereby conveys to M All that [&c.] To hold to and
to the use of M in fee simple for securing payment on the
day
of
as the mortgage money
with interest thereon at the rate of [four] per centum per annum.

19 of the principal sum of £

In witness &c.

*Variations in this and subsequent forms to be made, if required, for leashold land or other

matter.

the

PART II.
(A.)

Deed of Statutory Transfer, Mortgagor not joining.

THIS INDENTURE made by way of statutory transfer of mortgage day of 19 between M of [&c.] of the one part and T of [&c.] of the other part supplemental to an indenture made by way of statutory mortgage dated the between [&c.] WITNESSETH that in consideration of the sum of £ now paid to M by 7' being the aggregate amount of £

day of

19 and made

mortgage money

and £
interest due in respect of the said mortgage of which sum
M hereby acknowledges the receipt M as mortgagee hereby conveys and trans-
fers to T the benefit of the said mortgage.

In witness &c

Section 2.

Section 44.

Section 45.

Section 47.

SECOND SCHEDULE—continued.

(B.)

Deed of Statutory Transfer, a Covenantor joining.

THIS INDENTURE made by way of statutory transfer of mortgage the
day of
19 between 4 of [&c.] of the first part B of
of [&c.] of the second part and C of [&c.] of the third supplemental to an in-
denture made by way of statutory mortgage dated the
day of

19 and made between [&c.] WITNESSETH that in consideration of the sum
of £
now paid to A by C being the mortgage money due in respect of
the said mortgage no interest being now due and payable thereon of which
sum A hereby acknowledges the receipt A as mortgagee with the concurrence
of B who joins herein as covenantor hereby conveys and transfers to C the
benefit of the said mortgage.

In witness &c.

(C.)

Statutory Transfer and Statutory Mortgage combined.

day of

THIS INDENTURE made by way of statutory transfer of mortgage and statutory mortgage the 19 between A of [&c.] of the first part B of [&c.] of the second part and C of [&c.] of the third part supplemental to an indenture made by way of statutory mortgage dated the day of 19 and made between [&c.] WHEREAS the principal sum of £ only remains due in respect of the said mortgage as the mortgage money and no interest is now due and payable thereon AND WHEREAS B is seised in fee simple of simple of the land comprised in the said mortgage subject to that mortgage Now THIS INDENTURE WITNESSETH that in consideration of the sum of £ now paid to A by

C of which sum A hereby acknowledges the receipt and B hereby acknowledges the payment and receipt as aforesaid* A as mortgagee hereby conveys and transfers to C the benefit of the said mortgage. AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A as mortgagee and according to his estate and by direction of B hereby conveys and Bas beneficial owner hereby conveys and confirms to C All that [&c.] To hold to and to the use of C in fee simple for securing payment on the

19 off the sum of £

as the mortgage money

day of
with interest thereon at the rate of [four] per cent. per annum.

In witness &c.

[Or, in case of further advance, after aforesaid at *insert and also in consideration of the further sum of £ now paid by C to B of which sum B hereby acknowledges the receipt, and after of at † insert the sums of £ making together.]

and £

Variations to be made, as required, in case of the deed being made by indorsement, or in respect of any other thing.

the

PART III.

Deed of Statutory Re-conveyance of Mortgage.

THIS INDENTURE made by way of statutory re-conveyance of mortgage

day of

19 between C of [&c.] of the one part and

SECOND SCHEDULE-continued.

B of [&c.] of the other part supplemental to an indenture made by way of
statutory transfer of mortgage dated the
day of
19 and made
between [&c.] WITNESSETH that in consideration of all principal money and
interest due under that indenture having been paid of which principal and
interest C hereby acknowledges the receipt C as mortgagee hereby conveys to
B all the lands and hereditaments now vested in C under the said indenture
To hold to and to the use of B in fee simple discharged from all principal
money and interest secured by and from all claims and demands under the
said indenture.

paid to 4 by B

19 between A of [&c.] of the one part and B of [&c.] and C of [&c.] of the other
part WITNESSETH that in consideration of the sum of £
and C out of money belonging to them on a joint account of which sum A
hereby acknowledges the receipt A hereby covenants with B and C to pay to
them on the
19 the sum of £

day of

with interest thereon in the meantime at the rate of [four] per centum per annum and also as long after that day as any principal money remains due under this mortgage to pay to B and C interest thereon at the same rate by equal halfyearly payments on the day of

day of

and the

AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A as beneficial owner hereby conveys to B and C All that [&c.] To hold to and to the use of B and C in fee simple subject to the proviso for redemption following (namely) that if A or any person claiming under him shall on the day of 19 pay to B and C the sum of £

and interest thereon at the rate aforesaid then B and C or the persons claiming under them will at the request and cost of A or the persons claiming under him re-convey the premises to A or the persons claiming under him. AND A hereby covenants with B as follows-[here add covenant as to fire insurance or other special covenant required].

In witness, &c.

Section 64.

II. Further Charge.
day of

THIS INDENTURE made the

[the same parties as the foregoing mortgage] and supplemental to an indenture of mortgage dated the

day of

19 and made between
and interest at [four]

the same parties for securing the sum of £
per centum per annum on property at [&c.] WITNESSETH that in considera-
tion of the further sum of £
paid to 4 by B and C out of money
belonging to them on a joint account [add receipt and covenant as in
the foregoing mortgage] and further that all the property comprised in
the before-mentioned indenture of mortgage shall stand charged with the
payment to B and C of the sum of £
and the interest thereon

herein before covenanted to be paid as well as the sum of £ interest secured by the same indenture.

In witness, &c.

III. Conveyance on Sale.

THIS INDENTURE made the

day of

and

19 between

A of [&c.] of first part B of [c.] and C of [&c.] of the second part and M of [&c.] of the third part WHEREAS by an indenture dated [&c.] and made between [&c.] the lands hereinafter mentioned were conveyed by A to B and C in fee simple by way of mortgage for securing £ and interest and by a supplemental indenture dated [&c.] and made between the same parties those lands were charged by A with the payment to B and C of the further sum of £ and interest thereon. AND WHEREAS a principal sum of £ remains due under the two before-mentioned indentures but all interest thereon has been paid as B and C hereby acknowledge Now THIS Indenture WITNESSETH that in consideration of the sum of £ paid by the direction of A to B and C and of the sum of £ paid to A those two sums making together the total sum of £ paid by M for the purchase of the fee-simple of the lands hereinafter mentioned of which sum of £ B and C hereby acknowledge the receipt and of which total sum of £ A hereby acknowledges the payment and receipt in manner before mentioned B and C as mortgagees and by the direction of A as beneficial owner hereby convey and A as beneficial owner hereby conveys and confirms to M All that [&c.] To hold to and to the use of M in fee simple discharged from all money secured by and from all claims under the beforementioned indentures [Add, if required, and 4 hereby acknowledges the right of M to production of the documents of title mentioned in the Schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof.]

In witness, &c.

[The Schedule above referred to.

To contain list of documents retained by A.]

THE MELBOURNE TRAMWAYS TRUST AMENDMENT ACT 1904.

4 Edw. VII. No. 1954. An Act to extend the Powers of The Melbourne Tramways Trust as regards Invest

ments.

[30th November, 1904.]

FACTORIES AND SHOPS ACT 1904.

4 Edw. VII. No. 1955. An Act to amend section twenty-five of the Factories and Shops Act 1903.

[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 Factories and Shops Act 1904.

Short title and construction.

2. For section twenty-five of the Factories and Shops Act 1903 Amendment of there shall be substituted the following section, namely :—

section 25 of No. 1857.

25. Notwithstanding anything contained in the Factories and Application of Shops Acts

(a) A determination of any Special Board or of the Court of
Industrial Appeals may be applied by an Order of the
Governor in Council to any portion of any shire if such
portion is within ten miles of any city or town;

(b) A determination of any Special Board or of the Court of
Industrial Appeals may be applied by an Order of the
Governor in Council to any portion of any shire which is
at least ten miles from any city or town if the council of
such shire petitions the Governor in Council to so apply
such determination;

(c) Every order of the Governor in Council made pursuant to
this section shall be published in the Government Gazette
and any determination thereby applied to any portion of
a shire shall have full force and effect within such portion.

any determination to portion of shire.

ST. KILDA AND BRIGHTON ELECTRIC STREET RAILWAY ACT 1904. 4 Edw. VII. No. 1956. An Act to authorize the construction of a Line of Electric Tramway from St. Kilda towards Brighton Beach and for other purposes.

[30th November, 1904.]

LAND ACT 1904.

4 Edw. VII. No. 1957. An Act to amend the Land 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):—

citation.

1. This Act may be cited as the Land Act 1904, and this Act and Short title and the Land Act 1901 (hereinafter called the Principal Act) and any Acts Nos. 1749, 1831. amending the same may be cited together as the Land Acts.

2. (1) The Act mentioned in the Schedule to this Act to the Repeals. extent to which the same is in and by the said Schedule expressed to Schedule. be repealed is hereby repealed accordingly.