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Transfer of Real Property

immediately after the delivery of such certificate become null and void, and the estate and interest of the said mortgagor, his heirs or assigns in the hereditaments thereby charged, shall be the same as if no such instrument had ever been made. How married 4. And be it further enacted that from and after the passing of this *:::::::::: Act any married woman may by deed, to be by her jointly executed Iands with her husband, pass and transfer as fully and effectually as by fine levied any estate, right or interest (including her title to dower) in or to any hereditaments within the said Colony or its Dependencies: Provided always that such married woman be of the age of twenty-one years at the time of such execution, and that such deed be by her executed in the presence of some Judge or Commissioner of any Civil Court of the said Colony, or before some Justice of the Peace of the said Colony, who shall previously examine her, apart from her said husband, whether she proposes to execute such deed freely and voluntarily, and without threats or compulsion on the part of her said husband, and which said Judge, Commissioner or Justice shall also endorse on such deed a certificate under his hand of such examination.

Tenant in tail 5. And be it further enacted that any tenant in tail, general or

** special, of any hereditaments within the said Colony or its dependencies may by deed, to be by him executed for that purpose in the presence of any such Judge, Commissioner or Justice of the Peace as last aforesaid, bar and extinguish such estate in tail, and pass and transfer all his estate, right and interest in or to such last-mentioned hereditaments as fully and effectually, to all intents and purposes, as if a fine with proclamation or a common recovery had been in due form levied or suffered respectively of such hereditaments; and such Judge, Commissioner or Justice shall endorse on every such last-mentioned deed a certificate under his hand that the same was executed before him.

Any other in- 6. And be it further enacted that any other estate, right or to interest in or to any hereditaments which by the laws and usage of o: England can be passed or transferred by fine or recovery only may from ted as above and after the passing of this Act (so far as relates to hereditaments situate within the said Colony) be passed or transferred by any deed purporting to be a transfer thereof, and executed and certified in manner aforesaid before and by any such Judge, Commissioner or Justice of the Peace as aforesaid, as fully and effectively, to all intents and purposes, as if a fine or recovery had been levied or suffered thereof.

loam 7. [Repealed by 19 Vic., No. 3, s. 4.] i. - JAMES STIRLING, joi..." GOVERNOR AND CoMMANDER-IN-CHIEF.

What manner

SCHEDULE REFERRED TO BY THE ANNEXED ACT

FORM No. 1 FoRM OF CONVEYANCE IN FEE BY BARGAIN AND SALE This Indenture made the day of between A.B. (Wendor) of , of the one part, and C.D. (Purchaser), of , of the other part, witnesseth that in consideration of the sum of pounds paid by the Transfer of Real Property

said C.D. to the said A.B. (the receipt whereof is hereby acknowledged), he, the

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said A.B., doth grant, bargain and sell unto the said C.D., his heirs and assigns, all
[here describe the parcels or lands or houses sold, their situation, the eactent of the
lands in acres by admeasurement or estimation, their boundaries, with a particular
reference to the number and section of the land in the maps of the Surveyor-
General's Office] and all easements, rights, privileges and appurtenances to the said
hereditaments hereby bargained and sold in anywise appertaining; and all the
right, title and interest of him the said A.B. in the said hereditaments, with the
appurtenances; and all deeds and writings relating solely to the said heredita-
ments, now in the possession or power of the said A.B., to have and to hold the
said hereditaments hereby bargained and sold, with the appurtenances, to the said
C.D., his heirs and assigns for ever. And the said A.B. doth hereby for himself,
his heirs, executors and administrators, covenant, promise and agree, with and to
the said C.D., his heirs and assigns, that he the said A.B.
now hath in himself good right to bargain and sell the said hereditaments, hereby
bargained and sold, with the appurtenances, unto the said A.B., and
his heirs and assigns, in manner aforesaid, and that free from all claims, charges and
incumbrances whatsoever. And moreover, that he the said A.B., his
heirs or assigns, shall and will make and perfect all such further assurances as may
be necessary for the more effectually or satisfactorily conveying the said heredita-
ments, hereby bargained and sold, with the appurtenances, unto the said (Pur-
chaser), his heirs or assigns, as by the said (Purchaser), his heirs or assigns, or
his or their counsel in the law, shall be devised or tendered to be executed : In
witness whereof the said parties have hereunto set their hands and seals the day
and year first above written.
A.B. (L.S.)
C.D. (L.S.)

Signed, sealed and delivered by the above-named E.F.

A.B. and C.D. in the presence of } G.H.

FORM No. 2

FoRM of MoRTGAGE BY DEPOSIT OF TITLE DEEDs, ACCOMPANIED BY
A WRITTEN AGREEMENT, CONTAINING A POWER OF SALE

Memorandum of an agreement made the day of between (Mortgagor) of the one part and (Mortgagee) of the other part. The said (Mortgagor) for himself, his heirs, executors and administrators, in consideration of the sum Of , this day lent and advanced to him by the said (Mortgagee), hereby agrees to deposit with the said (Mortgagee) the title deeds and writings mentioned in the Schedule hereunder written of certain lands and hereditaments of the said (Mortgagor), situate at , by way of mortgage of the same hereditaments to Secure the repayment of the said sum of on or before the day of next, together with interest thereon in the meantime after the rate of for every one hundred pounds by the year, such interest to be paid half-yearly on the day of , and the day of in each and every year. And in case default shall be made in payment of the said principal sum of on the said day of , or of any of the said half-yearly instalments of interest, on days hereinbefore appointed for payment of the same (or, in case the interest payable On the said principal sum of , after the rate aforesaid, shall be in arrear and unpaid for the space of twelve months, as the agreement may be), in either of the said cases it shall be lawful for the said (Mortgagee), without any further consent or concurrence of the said (Mortgagor), to sell the said hereditaments by public auction (of which days’ public notice shall be duly given), and to convey and assure the same hereditaments, when so sold, unto the purchaser or purchasers thereof, in the same manner as if the fee simple of such hereditaments had been vested in the said (Mortgagee) by a bargain and sale or other instrument of transfer, and by and out of the proceeds of sale to repay and satisfy himself the expenses of such sale and the said principal sum of y and all arreos of interest thereon (or, to repay and satisfy himself so much of such principal money and interest as shall then remain due), and to pay over the

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Keepers of stand

ard weights, &c., refusing or neglecting to deliver

Transfer of Real Property

surplus of such proceeds to the said (Mortgagor), his heirs or assigns. In witness whereof the said parties have hereunto set their hands the day and year first above written.

A.B.
C.D.
Signed by the above-named Mortgagor and E.F
Mortgagee in the presence of -- -
SCHEDULE

To be subjoined to the above-written agreement, containing a list of title deeds and writings deposited in pursuance thereof; a receipt to be taken by the Mortgagor from the Mortgagee of the title deeds or writings received by the latter.

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An Act for the Regulation of Weights and Measures.
[Assented to 19th March, 1833.

HEREAS there is reason to believe that deficient weights and measures have been frequently and fraudulently used throughout the Colony of Western Australia to the great injury of the public; in order therefore to prevent such permicious and fraudulent practices: Be it enacted by His Honour the Lieutenant-Governor of Western Australia and its Dependencies, with the advice of the Legislative Council, that it shall be lawful for the Governor or other officer for the time being administering the Government of the said Colony by any order or orders to be by him from time to time made and published in the ‘Government Gazette,’ to appoint certain places and persons, in which and with whom respectively, shall be deposited complete sets of standard weights and measures, to be procured and authenticated in such manner as by any such order shall be directed.

2. And be it further enacted that the persons so appointed as aforesaid to be keepers of standard weights and measures, shall produce the same at the place in which the same shall be directed to be deposited as aforesaid, to any person or persons demanding an inspection thereof at any reasonable hour or time for the purpose of comparing the same with any other weights or measures; and that it shall be lawful for such keepers to demand and receive a fee of sixpence for each and every weight or measure so compared.

3. And be it further enacted that if any such keeper of standard weights and measures as aforesaid shall refuse or neglect to deliver, with all reasonable despatch, the weights and measures in his custody or any of them, to any person to whom such keeper shall be directed to deliver the same by the written order of any Justice of the Peace Weights and Measures

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for the said Colony, or shall refuse or neglect to exhibit such weights or measures to any person demanding a comparison thereof at any reasonable hour, and tendering therefor the lawful fee hereinbefore made payable for such comparison, or shall neglect or refuse to exhibit such weights and measures without fee to any such Justice demanding an inspection thereof; then, and in any of the said cases, every such keeper for every such offence shall upon conviction forfeit and pay a sum not exceeding forty shillings.

4. And be it further enacted that if any person entrusted either with the temporary or permanent custody of any standard weights or measures, provided in pursuance of this Act, shall lose, destroy or injure the same or any of the same, and shall refuse or neglect to repair or replace the same within ten days next after being required so to do, by the written order of any Justice of the Peace for the said Colony, it shall be lawful for the Justice making such order, to levy and raise by distress and sale of the goods and chattels of the person So neglecting or refusing as last aforesaid, a sum sufficient to replace or repair the weights or measures so destroyed or injured, together with the costs and charges of making such distress and sale; and such Justice shall cause the said sum to be forthwith paid over to the Colonial Treasurer to the use of His Majesty, his heirs and successors.

5. And be it further enacted that it shall be lawful for the said Governor or other officer administering the Government of the said Colony to appoint at any time after the first day of May next by warrant under his hand and seal any number of fit and proper persons who shall have power individually to examine all weights, balances and measures within the said Colony, in manner hereinafter provided; and that it shall be lawful for such examiners, and they are hereby required (having been first sworn by some Justice of the Peace for the Said Colony, duly and faithfully to execute the office in them reposed by such appointment and by this Act), as often as any such Justice shall direct in writing, to enter in the day time into any mill or any shop, store-house or out-house, where any kind of goods or wares, dry or liquid, are or shall be usually sold ; and then and there to search for, view and examine all weights, balances and measures, and to Seize any weights or measures there found, not being according to such standard, or any false balance there found, and to detain the Same; and such examiners shall forthwith lay information of any such finding before some Justice of the Peace; and the person or persons in whose shop, store-house or out-house or apparent ownership any

deficient weight or measure or false balance shall be so found, shall .

upon conviction thereof forfeit all such deficient weights or measures or false balances; and shall also forfeit and pay for every such deficient Weight or measure or false balance, any sum not exceeding five pounds, and also all costs and charges of such conviction.

6, And be it further enacted that if any person shall wilfully obstruct, hinder, resist, or in any wise oppose any such examiner as aforesaid in the execution of his office, or if any person selling or retailing by weight or measure shall refuse to produce his or her weights, measures or balances when required so to do by any such examiner as aforesaid, every such person being thereof convicted, shall forfeit and pay for every such offence any sum not exceeding twenty pounds.

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Persons having deficient weights, &C.

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Persons selling by deficient weights and measures

Existing weights and measures may be used, if properly marked

All dealings
have reference to

standard weights

and measures

Disposal of weights and measuroS condemned

IBakers' loaves of certain specific weights

Loaves to be . weighed within forty-eight hours after baked

Magistrate may make reasonable allowance for small deficiencies of weight

Weights and Measures 7, And be it further enacted that if from and after the first day of May next any person shall wilfully and knowingly sell or attempt to sell any kind of goods or wares, dry or liquid, by a weight or measure not in accordance with such standard weights or measures as aforesaid or by a false balance and with intent to defraud any other person, every person so selling or attempting to sell, being thereof convicted, shall for every such offence, forfeit the deficient weight or measure or false balance so fraudulently used, and any sum not exceeding ten pounds; and also all costs and charges of conviction.

8. And be it further enacted that it shall be lawful for any person or persons to sell any goods, wares or merchandise by any weights and measures in his, her or their possession at the time of the passing of this Act, although such weights and measures may not be in conformity with the standard weights and measures aforesaid: Provided that such weights and measures shall bear upon them, either painted or marked, the ratio or proportion which they bear to the said standard weights and measures respectively.

9. And be it further enacted that all contracts, bargains, sales and dealings, which shall be made or had, from and after the first day of May next, in any part of the said Colony for any work to be done or for any goods, wares or merchandise or other thing to be sold, delivered, done or agreed for by weight or measure—where no special agreement shall be made to the contrary—shall be deemed to be made and had according to the standard weights and measures to be provided under this Act.

10. And be it further enacted that all deficient weights and measures and false balances, seized and forfeited under this Act, shall be broken, destroyed or disposed of as shall be directed by the Justice, before whom any conviction in respect of such weights, measures or balances shall take place.

11. And whereas it is especially necessary to protect the poor from any such frauds as aforesaid in the sale of bread, and the detection of such frauds will be best secured by requiring retailers of bread to make and sell their loaves of some specific weight : Be it therefore further enacted that from and after the first day of May next no baker or dealer or retailer of bread in this Colony shall sell or exhibit for sale any loaf of wheaten or other flour, not being of one of the weights following, that is to say, one pound, two pounds or four pounds avoirdupois weight, under pain of forfeiting any sum not exceeding five pounds: Provided always that no baker or retailer of bread shall be liable for any deficiency in the weight of any loaf, unless the same shall be weighed in the presence of some Justice of the Peace, within forty-eight hours next after the same shall be baked ; and unless evidence be given at the hearing of any information in respect of such deficiency by one disinterested witness, that such loaf was in the same state when produced to be weighed before such Justice as when the same was taken from such baker or retailer, reasonable allowance being made for the drying of the bread: Provided also that it shall be lawful for the Justice who shall hear any information for selling loaves contrary to the provisions of this Act, to make reasonable allowance for any small deficiency of weight which shall appear to him fairly attributable to accident, negligence of servants or any other cause than

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