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Persons dealing

with registered

proprietor not

Settled Land Act

(3) Where under this Act any instrument is to be executed by a tenant for life in order to the exercise of any such power or authority, that instrument shall be executed by the registered proprietor or registered proprietors, and such execution shall have the same operation as the execution of such an instrument by a tenant for life is declared to have under this Act;

(4) A registered proprietor or registered proprietors executing a power or authority in accordance with the provisions of this Act upon the written request of the tenant for life, or with the sanction of the Court if, being the tenant or the tenants for life, he is himself or they are themselves the sole trustee or trustees of the settlement, shall not by reason thereof incur any personal liability to his or their beneficiaries or to any other person, and no such registered proprietor or registered proprietors shall, for the purpose of executing any such power or authority or complying with any such request, be bound to enter into any personal covenant or contract;

(5) Where under this Act it is provided that land shall be conveyed to any uses or trusts, that expression shall be taken to mean that the land shall be transferred to trustees, and shall be held by them as trustees upon such uses or trusts;

(6) Where under this Act it is provided that a contract made by a tenant for life shall be binding on the settled land, that expression shall be taken also to mean that the contract shall be binding on the registered proprietor, and that he shall be bound to give effect thereto in the same manner as if he had made it himself, subject, however, to the provisions of this Act;

(7) The term 'Deed' shall include any instrument executed in pursuance of the provisions of The Transfer of Land Act, 1874.'

70. Nothing herein contained shall be taken to require any person dealing with a registered proprietor of land held under the provisions bound to inquire of the said last-mentioned Act to inquire whether all or any of the provisions of this Act have been complied with in respect of the proposed dealing.

ALEX. C. ONSLOW,
ADMINISTRATOR.

Supreme Court Act-Amendment

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO QUINTO

VICTORIÆ REGINÆ

No. 11

An Act to amend 'The Supreme Court Act, 1880.'

BE

[Assented to 18th March, 1892.

E it enacted by the Queen's Most Excellent Majesty, by and Preamble with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. The Judges of the Supreme Court, with the concurrence of the Colonial Treasurer, may by order fix the fees and percentages to be taken in the Supreme Court or in any Court to be created by any commission or in any office which is connected with any of those Courts, or in which any business connected with any of those Courts is conducted, or by any officer paid wholly or partly out of public moneys who is attached to any of those Courts, or any Judge of those Courts, and may, from time to time, with the like concurrence, by order, increase, reduce, or abolish all or any of such fees and percentages, and appoint new fees and percentages to be taken in the said Courts or offices or any of them, or by any such officers as aforesaid.

Any order made in pursuance of this section shall be binding on all the Courts, offices, and officers to which it refers, in the same manner as if it had been enacted by Parliament.

All such fees and percentages shall be paid into the Colonial Treasury and carried to the Consolidated Revenue Fund.

An order under this section may abolish any existing fees and percentages which may be taken in the said Courts or offices, or any of them, or by the said officers, or any of them; but subject to the provisions of any order made in pursuance of this section, the fees and percentages already fixed and appointed by the Judges of the Supreme Court shall continue to be taken, applied, and accounted for, in the existing manner.

2. The power to make Rules, conferred by section twenty-four of The Supreme Court Act, 1880,' shall be deemed to include the power to make Rules for regulating the procedure on appeals from inferior Courts to the Supreme Court.

3. Where any person neglects or refuses to comply with a judgment or order directing him to execute any conveyance, transfer, contract, or other document, or to endorse any negotiable instrument, the Court may, on such terms and conditions (if any) as may be just, order that such conveyance, transfer, contract, or other document shall be executed, or that such negotiable instrument shall be endorsed by

Fees and pertaken in Supreme Court.

centages to be

(Jud. Act, 1875, s. 26)

Power to make

Rules.
(Jud. Act, 1984,

s. 23)

Execution of order of the Court.

instrument by

(Jud. Act, 1884, s. 14)

[graphic]

Quo Warranto. (Jud. Act, 1884, s. 15)

Short title

Supreme Court Act-Amendment

such person as the Court may nominate for that purpose, and in such case the conveyance, transfer, contract, document, or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it.

4. Proceedings in Quo Warranto shall be deemed to be civil proceedings, whether for purposes of appeal or otherwise.

5. This Act may be cited as 'The Supreme Court Act (Amendment), 1892.' ALEX. C. ONSLOW,

ADMINISTRATOR.

Preamble

Short title

Authority to

construct Railway

Deviation

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO QUINTO

VICTORIÆ REGINE

No. 12

An Act to authorise the Construction of a Railway from
Northam to Southern Cross.

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[Assented to 18th March, 1892.

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 Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

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1. This Act may be cited as The Yilgarn Railway Act, 1892.'

2. It shall be lawful to construct and maintain a Railway from Northam to Southern Cross, with all necessary, proper, and usual works and conveniences in connection therewith, in the line and upon the lands described in the Schedule to this Act.

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3. Notwithstanding anything contained in The Railways Act, 1878,' it shall be lawful for the Commissioner of Railways to deviate from the line as described in such schedule to the extent of fifteen miles South or five miles North thereof.

ALEX. C. ONSLOW,

ADMINISTRATOR.

Yilgarn Railway-Northam to Southern Cross

SCHEDULE

YILGARN RAILWAY-NORTHAM TO SOUTHERN CROSS

DESCRIPTION OF LINE OF RAILWAY

Commencing at the Northam Railway Station, on the Spencer's Brook to Northam Branch of the Eastern Railway; thence North-Easterly for a distance of 1 mile or thereabouts; thence South-Easterly for a distance of 60 chains or thereabouts; thence North-Easterly for a distance of 50 chains or thereabouts; thence Easterly for a distance of 20 miles 20 chains or thereabouts, through the Meckering Agricultural Area; thence Easterly for a distance of 95 miles 60 chains or thereabouts, through or near the townsite of Burracoppin; thence Easterly for a distance of 44 miles 50 chains or thereabouts, terminating at, or near, a wooden post driven into the ground on the North-East side of a NorthWesterly extension of Sirius Street in the townsite of Southern Cross. All in the Land District of Avon, as more particularly delineated by a red line on Map marked P.W.D., W.A., No. 1411, deposited at the Office of the Commissioner of Railways, Perth.

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An Act to authorise the Alteration of the Titles or
Designations of Public Offices and Officers.

WH

[Assented to 18th March, 1892.

HEREAS certain powers and duties are given to and imposed Preamble upon certain Officers in the Public Service by statute and otherwise; and whereas it is expedient that the Title or Designation of any such Officer and of any Public Office should at times be altered: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. It shall be lawful for the Governor, by and with the advice of the Executive Council, by order in writing under his hand to be published in the 'Government Gazette,' to add to, vary, or alter from time to time the title or designation of any office or officer in the Public Service, and where the title or designation of any such office or officer is mentioned or referred to in any statute or any proclamation, order, regulation, by-law, or instrument made in pursuance of or under the authority of any statute or law in force in the said Colony, such statute, proclamation, order, regulation, by-law, or instrument shall be construed and have effect as if such addition, variation, or alteration had originally appeared therein.

ALEX. C. ONSLOW,

ADMINISTRATOR.

Power to add to, vary, or alter the l'ublic Office or

title of any

Officer

[graphic]

Affirmations Act, 1892

Preamble

Persons required to take an oath

may be ordered

affirmation

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO QUINTO

VICTORIÆ REGINE

No. 14

An Act to empower Judges and others to order the making of a Solemn Affirmation and Declaration, in lieu of the taking of an Oath.

WH

[Assented to 18th March, 1892.

HEREAS the taking of Oaths in Courts of Justice by people of Asiatic and other races often tends to disturb the solemnity of the proceedings and to offend against the religious convictions of Christians, and it is expedient to empower all persons having by law authority to administer an Oath to order in all cases the making of a solemn Affirmation and Declaration instead of the taking of an Oath: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. It shall be lawful for any Judge, Justice of the Peace, or other person or persons having by law authority to administer an oath, in to make a solemn his or their discretion to order and direct that any person who shall be required upon any lawful occasion to take an oath, in any case where by law an oath is or may be required, shall, instead of taking the oath, make his or her solemn affirmation and declaration in these words :

instead

Persons making false affirmation to be subject to

'I (A.B.) do solemnly and truly affirm and declare-' Which said solemn affirmation and declaration shall be of the same force and effect, to all intents and purposes, in all Courts of Justice and other places whatsoever where by law an oath is or may be required, as if such person had taken an oath in the usual form.

2. If any person making such solemn affirmation and declaration shall wilfully, falsely, and corruptly affirm and declare any matter or same punishment thing which, if the same had been sworn in the usual form, would as for perjury have amounted to wilful and corrupt perjury, every such person so offending shall incur the same penalties and forfeitures as by law are or may be enacted or provided against persons convicted of wilful and corrupt perjury.

Short title

3. This Act may be cited as 'The Affirmations Act, 1892.' ALEX. C. ONSLOW, ADMINISTRATOR.

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