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claimant or her legal personal representatiyes any greater or farther right
to dower or to arrears thereof than she or they would have had or been
entitled to before the passing of this Act, or give to her or them any
extension of time for the recovery thereof respectively.

7. Every future certificate of title to land alienated in fee by Her Future cw-
Majesty before the said second day of October one thousand eight hundred S^JJJe?
and sixty-two, and which shall have been brought under the operation or ^^ to be
shall be subject to the provisions of " The Transfer of Land Statute,'* before o^'dower
the expiration of the aforesaid period of two months, sha?l except in the '*«^*"
eases specified in the last preceding section be registered without mentioning
therein as an encumbrance the right (if any) to dower of the wife or widow

of any husband whose name shall not be included in the list to be made out
by the Eegistrar as aforesaid notwithstanding any such right may be
mentioned as an encumbrance in the existing certificate.

8. Nothing herein contained shall diminish the legal effect of any
registered certificate of title which shall not expressly be made subject to ™[gf ot
any right or contingent right to dower in favour of the claimant, notwith- free from"
standing the name of the former husband of the claimant may be included Jj^^be^****
in such list but may be omitted from such certificate. (Slack t. Dotonton^ dimmiaiied

11.)

9- Any widow married before the year one thousand eight hundred ^^^fy ^
and thirty-seven, who shall be deprived of her right against the land or the ^t^ dower
owners for the time being thereof by the effect of this Act, or her legal "8^*»
personal representatives shall be entitled within the time allowed by law for
the recovery of a right to dower or arrears thereof to recover out of the
AjsBurance Fund by action under " The Transfer of Land Statute " against
the ^Registrar as nominal defendant the value of the same ; such dower
right or arrears however to be limited to and calculated upon the basis of
one-third of the rent or estimated annual value of the land at the time of
the alienation thereof by her deceased husband.

10. No action shall be maintainable against the Eegistrar under or by Benefits in
virtue of this Act unless an action or suit would but for the passing hereof Jl^hi^n
■nch land had not been brought under the operation or had not become subject under eziBt-
have been maintainable against the owner for the time being of the land if iSSae^^
to the provisions of " The Transfer o{ Land Statute," but had been conveyed fc»nued

to such owner by an ordinary legal assurance.

11. The twentieth section of " The Transfer of Land Statute " shall be ^®2"°«*^',
and the same is hereby repealed, and in lieu thereof the following shall be fl^o^i^
and may be cited as the twentieth section of the said Statute (that is to 3^pJ^^°°*
say) : — The Eegistrar shall under such direction as aforesaid cause notice to on nndae
be published in such manner as by such direction may be prescribed that ^^^
appucation has been made for bringing the land under the operation of this

Act, and shall cause a copy of such notice to be posted in a conspicuous
place in the office and shall send through the post-office a registered letter
marked outside '' Office of Titles " containing a copy of such notice addressed
to every person whom the Commissioner shall have directed to be served
with notice and to the persons stated in the application to the occupiers of
the land and (unless the land shall be an entire Crown allotment) to the
occupiers and owners of the lands contiguous thereto: Notwithstanding
however any direction heretofore given or which shall hereafter be given by
the Commissioner to bring land under the operation either of " The Eeal



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iogtnut



372 VICTOBIAN (PBIENDLT S0CIETIB8) ACT— No. 4.

Property Act ** or of **The TniiBfer of Land Statute - he may after Bending
through the post^ffice to the applicant or his agent one montii's notice in
this hehalf rescind sach direction and reject the title unless the applicant
shall adduce satisfactory proof that he is proceeding without unnecessary
delay in remoTing or complying with the requisitions made on the title.

^^fP^^ 12. The one hundred and elerenth section of " The Tnuasfer of Land

^dv Teat- Statute ** shall be and the same is hereby repealed, and in lieu thereof the
following shall be and may be cited as the one hundred and eleyenth section
of the said Statute (that is to say): — Wheneyer any person interested in
land under the operation of this Act or any estate or interest therein shall
appear to the Supreme Court or to the Commissioner to be a trustee of such
land estate or interest within the intent and meaning of any Statute now or
hereafter to be in force relating to trusts and trustees and any vesting order
shall be made in the premises by the said Court or by the Commissioner
(which order he is hereby empowered to make concurrently with the said
Court), the Begistrar on being senred with snch order of an office copjr thereof
shall enter in the Begister Book and on the duplicate grant or certificate of
title and duplicate instrument (if any) the date of the said order the time of
its production to him and the name and addition of the person in whom the
said order shall purport to Test the said land estate or interest ; and upon
such entry in the Bister Book such person shall become the transferee and
be deemed to be the proprietor thereof. Unless and until such entry shall
be made the said order shall haye no effect or operation in transferring or
otherwise yesting the said land estate or interest. (Be Feamleyy 97 ; es
parte Brown, 185.)



FiMiDble



LAND TBANSFEB (FBIENDLT SOCIETIES) ACT, 1871— No. 4.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with
the adyice and consent of the Legislatiye Council and the Legislatiye

Assembly of Victoria in Parliament assembled and by the authority of tiie

same as follows : —
tnuteMto 1. A transfer of any land whether freehold or leasehold held by

ckralaftf*' registered proprietors being trustees for any society established or to be
mUe hj established under the '* Friendly Societies Statute 1865 *' and holding the
prqpr^^ land as such trustees, signed by the persons who are for the time being the

trustees of the society, shall be as effectual to all intents and purposes as

if the same transfer had been signed by the registered proprietors for tbe

time being of the land, notwithstanding anything to the contrary hereof

contained in the said " Transfer of Land Statute."
^tma*' 2» '^^^ Commissioner of Titles in any case within the forty-fifth section

b^^Md of the last-mentioned Statute in which members of Friendly Societies are
^'^ interested may before making an order thereunder dispense with the

adyertisement required by the forty-sixth section thereof.



B'



LAND TBANSFEB ACT, 1878— No. 6.

>B IT ENACTED by the Queen's Most Excellent Majesty by and with
^ the adyice and consent of the Legislatiye Council and Legislatdye

Assembly of Victoria in this present Parliament assembled and by the

authority of the same as follows : —
Citotion L This Act shall be deemed to be part of "The Transfer of Land

Statute/' and to be included in the citation thereof by its short title.



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VICTOEIAN LAND TEANSFEE ACT—No. 5. 373

2. Wheneyer any certificate of title or any duplicate thereof either Exteuion of
already registered or issued or hereafter to be registered or issued under JJSfNo.^i'
any of the provisions or otherwise under the operation of " The Transfer of

Land Statute" shall contain any statement to the effect that the person
named in the certificate is entitled to any easement therein specified, such
statement shall be receired in all courts of law and equity as conclusive
evidence that he is so entitled. (N. 33 ; Z. 65 ; Q. 61, 122 ; S. 80 ; T.
62^3.)

3. Whenever any such certificate of title as aforesaid shall contain the Extenmonof

words " together with right of a carriage way over " (specifying or So! a?i** **^

describiog the road or roads oyer which the easement is created and referring

to a map endorsed whereon such road or roads is or are coloured brown)
such words shall have the same effect and shall be construed as if there had
been inserted in such certificate of title the words contained in the Seventh
Schedule to " The Transfer of Land Statute." (Anderson y. Maori Sill
Borough, 103, 124.)

4. The Third Schedule to " The Transfer of Land Statute " shall be ^^J^°° J^
deemed to extend to the setting forth of the easements mentioned in this and m and
Act ^*^

'"■^*- Sohednle of

No. 801

DOWEE ABOLITION ACT, 1880— No. 6.

BE it enacted by the Queen's Most Excellent Majesty by and with the
advice and consent of the Legislative Council and Legislative
Assembly of Victoria in this present rarliament assembled and by the
authority of the same as follows (that is to say): —

1. This Act shall be called and may be cited as '' The Dower Abolition Short title
Act 1880."

2. From and after the passing of this Act (except as hereinafter pro- Doww
vided) no widow shall be entitled to dower out of any land messuage or *^^^®^
hereditaments whether corporeal or incorporeal. {In r9 KerVy 6 ; Moyle v.
Qibhfy 120.)

3. Nothing herein contained shall affect the rights or remedies of any ^/^"* ,
person under any order direction or decree of the Supreme Court heretofore remedies
made, and nothing herein contained shall affect the right of any widow Sff^*fed by
entitled to dower at the time of the passing of this Act or of any married this Aot
woman contingently entitled to dower Provided that such widow or married
woman or some one on her behalf shall within the period of two years from

the passing of this Act have lodged a claim in writing with the Eegistrar-
General of Victoria and that such claim shall not have been remov^ from
off the list filed under the provisions hereinafter contained.

4t» Erery such claim shall contain the name and residenc>e of the Pa^Qiars
claimant and shall also set forth as clearly and distinctly as may be the ^rth if
lands sought to be charged or affected the date and place of the marriage of ^^^^
the claimant the name of her husband through whom she claims and such
claim may be signed by such claimant or by any one on her behalf. {Moyle
V. Oibbs, 120.)

5, No such claim shall be received unless some address or place within haTe an
the present limits of the City of Melbourne shall be appointed therein as Jfei^™
the place at which all proceedings relating to such claim may be served. A ^^*^^^
claimant may however from time to time change such address within the ^^l^^*^^^'*^'



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874 VICTOEIAN DOWEE ABOLITION ACT— No. 6.

said city bj endorgiug a memorandum of such change on the clamt Ererj
proceeding relating to such claim in respect thereof if served at the addiees
or place appointed as aforesaid or at the changed address in case sucb
address shall be changed as aforesaid shall be deemed to be duly serYed.

§2J2fJ; 6, The Registrar- General shall as soon as any claim is lodged enter it

make liato ou a list of such claims specifying the name and address of claimant and the
of oiMins i^^ sought to be charged or affected. Such list shall be filed by the
£egistrar-G-eneral and may be inspected by any person without the payment
of any fee and any such claim may be inspected by any person interested in
the land sought to be charged or affected or his agent on payment of a fee
of one shilling. {Moyle v. Gibhgy 120.)

^^JJ^^8» 7. It shall be lawful for any person interested in any land sought to be

oUimB charged or affected by any such claim to apply to a judge of the Sapreme

Court of Victoria in chambers in a summary way to remore such claim fron

off the said list, or for such other relief in respect of such claim as may be

applied for and such judge may hear receive and examine evidence in respect

of the subject-matter of such application and shall make such order themn

Appeal from as he may think fit : Provided that every such order so made shall be liable

or& ' ^ ^® ■** aside varied or altered on application to be made to the Supreme

Court sitting in banco in its common law jurisdiction by motion on notice

at any time within the first four days of the next ensuing term.

2^r S^ ®' ^^^^ ®^^^ notice of motion shall be given within six days from the

of sppMi^ making of such order and the grounds of such application shall be shortly

stated therein,
c^ °^ ®* Notwithstanding anything herein contained the said court or a judge

* ^ * may at any time enlarge the time for giving such notice of motion or wl^

such motion. {Moyle v. Qihhs, 120.)

^^*" 10. The said court or judge may make any order as to the costs of any

proceedings under this Act as it or he may think fit.

^o^o^on 11, The Eegistrar-General shall cause a notice in the form contained

^ in the Schedule to this Act or to the like effect to be advertised as soon as

Gchadoie possible after the passing hereof twelve times with an interval at least oi

one month between each advertisement in a newspaper published in each of

the follewiHg cities, namely, London, Edinburgh, Dublin, Sydney, Adelaide,

Perth, Brisbane, Wellington, and Hobart Town during the period of two

years next after the passing of this Act, and also twenty-four times with an

interval at least of lourteen days between each advertisement during the

same period in two newspapers published daily in Melbourne, and shall also

send a copy of such notice in a registered letter addressed to any person

known by the Commissioner of Titles to possess right of dower and whose

address is also known to the Etegistrar-G^eneral.

SCHEDULE.
Notice under The Dower Abolition Act of the Colony of Tietoria,
Attention is directed to the Act of the Parliament of Victoria called
" The Dower Abolition Act 1880," by which all widows entitled to dower
and all married women contingently entitled to dower are required before
the day of 188 to lodge a claim in writing with the

Begistrar-C^eneral of Victoria at Melbourne, otherwise they will lose their
right to dower. Every such claim must contain the name and residence of
the claimant, and set forth as clearly and distinctly as may be the landi



8eo.U



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VICTOBIAN LAND TEANSFEB ACT— No. 7. 876

nought to be charged or affected, the date and place of the marriage of the
claimant, the name of her husband through whom she claims ; and such claim
may be signed by such claimant or any one on her behalf; and no such claim
will be received unless some address or place within the present limits of the
City of Melbourne be named therein as the place at which all proceedings
relating to such claim may be served. The address may from time to time
be changed as provided for in section five of the Act by endorsing a memo-
randum of such change on the claim. Dated at the Eegistrar-G^nerars
office at Melbourne this day of i..d., 188 .

Begistrar-Qeneral.

LAND TEANSFER ACT, 1885— No. 7.

WHEREAS it is expedient to amend the " Transfer of Land Statute " in Preamble
manner hereinafter appearing: Be it therefore enacted by the
Queen'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 : —

1. This Act shall be deemed to be part of the ** Transfer of Land 2|;**^*>'> *>f
Statute " and to be included in the citation thereof by its short title, and

the " Transfer of Land Statute " is hereinafter referred to as " the Act."
This Amending Act shall commence and come into operation on the first
day of January one thousand eight hundred and eighty-six, but nothing
herein contained shall applv to any acts or things done made or commenced
rights privileges or protection acquired or liabilities incurred in respect of
which any action or proceeding has been commenced before the passing of
this Act.

2. On any application which shall hereafter be made to bring land CommiB.
under the Act or to have a certificate of title amended as to the description Ji^'JSe"^^
of land therein as hereinafter authorised, and on any proposed subdivision spocj^ »«»-
under section one hundred and thirty-four of the Act, tne Commissioner ^^^ ° *°
may require such survey and plans to be made and such particulars of the
boundaries abuttals adjacent buildings of stone or brick area and position

to be furnished at the cost of the applicant or registered proprietor as the
Commissioner shall think fit. All surveys required by the Commissioner in
bringing land under the Act shall be made by a surveyor licensed under the
Act unless the Commissioners shall otherwise direct. (Equitable Building
Society v. Boss, 140.)

3. The Commissioner may require any such survey to be tied on to anv Commis-
general or local survey of the Colony or any district city or town at such Jj|i„^™*^
permanent datum or other points or connection and the measurement of aoconMjy of
the boundaries to be commenced from such starting-point on the land and J^Ji*^ ^^
carried round the boundaries in such direction and order as he mav direct,

and he may require the accuracy of any such survey to be verified by the
signature of the surveyor making the same. SavTejon

4. Alter the coming into operation of this Act no licence to practise as uSenMd*
a surveyor under the Act shall be issued by the Surveyor-General to any ^t^?^* .
person who has not first obtained the qualification certificate of the Board ^ertifioSto^"
of Examiners for Q-overnment surveyors. laoenoe to

5' Every licence to practise as a surveyor under the Act now or here- ^TSwl^
after to be issued shall be subject to the regulations and instructions for the to oondi-
time being in force for surveyors under the Act issued by the Department be M^We



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376 VICTOEIAN LAIiTD TfiANSPER ACT— No. 7.

of Lands and Surrey, and shall be roTocable for a sufficient cause to be
determined by the Commissioner and the Surveyor-General and a member
of the Surveyors* Institute nominated by that body by notice in writing
signed by them and sent through the post office by registered letter addressed
to such surveyor at his last known place of business or at an address to be
given by him to the Surveyor-General on his obtaining his licence. (N. 100;
Z. 170; Q. 61-118; S. 243.)

rerocation Q. A uotico of such revocatiou shall be published in the Go^oemmiOfd

{i^X**^ Qaxette, (Z. 207.)

Proprietor ^' ^ proprietor may apply to have his Crown grant or certificate of

maj apply title amended in any case in which the boundaries area or position of the

mentof^r- '^'^^ therein described difEer from the boundaries area or position of the land

tiiiakteto actually and ^o«« ^c occupied by him and purporting to be so occupied

dariM <^I under the title in respect of which the certificate issued, or in any case in

knd ooOT- ^^^^^ ^^ description in the certificate is erroneous or imperfect on the face

pied nndor of it. {Sharpe V. Modleif, 3 ; Ashley v. Cooky 137.)

oertifioate

ProDrieto ^' ^ proprietor may apply for the rectification of the original and

may apply duplicate Certificate of any other proprietor or proprietors in any case in
rtiwToertifl. ''^^ich the land described in the applicant's certificate and actually and bona
cates Jlde occupied by him comprises land which by reason of any error in survey
'™®° or other misdescription is included in the land described in any other certifi-

cate or certificates. {Rastett v. Colonial Bank, 173.)

^SjJI^^oD 9. Any application to be made as aforesaid shall be in the f crm set

™t forth in the first Schedule hereto, and the attorney of any corporation

registered as proprietor may apply on behalf of the corporation in manner

provided by section seventeen of the Act.

2Son to be 10. The Ecgistrar shall refer any application made as aforesaid to an

dealt with Examiner of Titles who shall report thereon and submit the same to llie
Commissioner for his direction, who shall direct notice of the application to
be advertised once at least in one newspaper published in tne City of
Melbourne or circulating in the neighbourhood of the land, and to be served
on any persons named by him, and to be posted in a conspicuous place out-
side a post office in the neighbourhood of such land, and shall appoint a
time not less than fourteen days from such notice or from the advertisement
or the first of such advertisements if more than one on or after the expira-
tion of which the application may be granted unless a caveat shall be lodged
forbidding the granting thereof.

IL [Bepealed by Sec. 2, of 1887 Act.]

Notice d| 12. The Begistrar shall under such direction as aforesaid cause notice

Jo^Jb^SS* to be published in such manner as by such direction may be prescribed that

^*jj^*°^ application has been made to amend the certificate of title in the manner

office ^ specified, and shall cause a copy of such notice to be posted in a conspicuous

place in the Office of Titles together with any plan deposited as hereinbefore

mentioned, and shall send through the post office a registered letter marked

outside " Office of Titles *' to every person whom the Commissioner shall

have directed to be served with notice ; and notwithstanding any direction

given by the Commissioner as to any such application, he may reject tlie

same if the applicant shall not comply to his satisfaction within such time

as to him may seem reasonable with any requisition which he may have made

in regard to such application. (N. 18 j Q. 61-21, 22 ; T. 62-19, 181.)



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VICTOEIAN LAND TBANSPEE ACT— No. 7. 377

13. Any person claiming any estate or interest in the land in respect of Penon ob.
which any such application shall be made as hereinbefore provided mayi^o^^^^n
before the granting thereof lodge a caveat with the Registrar forbidding being

the granting of the application, and every such caveat shall in all other GJ^^d^f
respects be in the same form shall be subject to the same provisions and shall
have the same effect with respect to the application against which it is
lodged as an ordinary caveat against bringing land under the operation of
this Act.

14. On any application under sections seven or eight of this Act or to AppiicftHon
bring land under the Act, the Commissioner may grant the same athough tinted
the certificate to be issued or the rectification of the register to be made although
upon such application may affect land comprised in any other certificate if it fiStea^may
shall appear that the land so affected has been included in such other certifi- J»e affected
cate by reason of some error in survey or other misdescription unless the ^^^^
title to the land so affected has been theretofore determined in a contested
proceeding under the Act or in any court of competent jurisdiction in which

the right to the possession of such land was in question. {See Sec, 18, of
1886 Act.)

15. Wpon granting any such application, the Commissioner shall direct On ffranting
the Eegistrar to rectify the register by making the requisite alteration in the Jt£»S^5i.
original of any other certificate, accompanied by a statement made and ^^ mjy
signed by him in the Eegister Book of the circumstances under which the andlo^su.
rectification has been made, and the Registrar shall make the requisite 2^^°*^^"
alteration in the duplicate certificate when brought to him for that purpose issued

or when the same shall be lodged in or brought to the office for the purpose
of any dealing with the land comprised therein, and may detain the duplicate
until the rectification thereof shall be completed ; and the Registrar may
refuse to register any dealing with the land or any estate or interest therein
until the duplicate shall have been brought in for rectification. (Has parte
Bighy, 77.)

16. Upon rectifying the original of any certificate as hereinbefore Proprietor
mentioned, the Registrar shall give notice in writing to the proprietor of whiShljerti.*'
the land comprised in the certificate informing him of the rectification, and ficate is
that on the duplicate certificate being brought in to the Office of Titles a uve^n^ot*^
new duplicate, certificate with the amended description will be issued to him o/reotiiica-
free of cost; and on the same being brought in the proprietor shall be



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 64 of 83)