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Transfer of Real Property

How married

lands

Tenant in tail may bar the entail

immediately after the delivery of such certificate become null and void, and the estate and interest of the said mortgagor, bis heirs or assigns in the hereditaments thereby charged, shall be the same as if no such instrument had ever been made.

4. And be it further enacted that from and after the passing of this Women tas pats Act any married woman may by deed, to be by her jointly executed

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.

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.

6. And be it further enacted that any other estate, right or Any other in

interest in or to any hereditaments which by the laws and usage of property passed by a deed execu England can be passed or transferred by fine or recovery only may from

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.

7. [Repealed by 19 Vic., No. 3, s. 4.1 affecting land in this Colony,

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF. the Colony, in

terest in landed

ted as above

Instruments

executed out of

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

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Transfer of Real Property

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 extent 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 SurveyorGeneral'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 hereditaments, 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 hereditaments, 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
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 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 and all arrests of interest thereon (or, to repay and satisfy himself so much of such principat money and interest as shall then remain due), and to pay over the

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or of

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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Preamble

Governor may order standing weights and measures to be kept

No. 2
An Act for the Regulation of Weights and Measures.

[Assented to 19th March, 1833.
W"
HEREAS there is reason to believe that deficient weights and

measures have been frequently and fraudulently used through-
out the Colony of Western Australia to the great injury of the public ;
in order therefore to prevent such pernicious 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 Keepers of standard weights, &c.

aforesaid to be keepers of standard weights and measures, shall prosame for inspec- duce 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 every weight or

the same with any other weights or measures ; and that it shall be pared

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
Keepers of stand-
ard weights, &c., weights and measures as aforesaid shall refuse or neglect to deliver,

with all reasonable despatch, the weights and measures in his custody neglecting to

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

tion; and to demand a fee of sixpence for

measure com

refusing or

deliver

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Weights and Measures

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 Keepers or others with the temporary or permanent custody of any standard weights ing weights or or measures, provided in pursuance of this Act, shall lose, destroy or measures to injure the same or any of the same, and shall refuse or neglect to replacemener repair 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 to Governor or other officer administering the Government of the said appoint esami: Colony to appoint at any time after the first day of May next by and measures 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 Such examiners required (having been first sworn by some Justice of the Peace for the to search for said Colony, duly and faithfully to execute the office in them reposed and measures by such appointment and by this Act), as often as any such Justice See 18 Vicio 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 May seize and seize any weights or measures there found, not being according to

ficient weights, such standard, or any false balance there found, and to detain the &c., and must same ; and such examiners shall forthwith lay information of any such lay information finding before some Justice of the Peace; and the person or persons in whose shop, store-house or out-house or apparent ownership any Persons having

deficient weights, 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 Persons guilty of obstruct, hinder, resist, or in any wise oppose any such examiner as examiners 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, See 18 Vic., 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.

, s3

detain all de

&c.

No. 18, s. 2

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Persons selling by deficient weights and measures

and measures

have reference to

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 sel]

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.
Existing weights 8. And be it further enacted that it shall be lawful for any person
may be used, if or persons to sell any goods, wares or merchandise by any weights and
properly marked

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.
All dealings 9. And be it further enacted that all contracts, bargains, sales and
standard weights 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. Disposal of

10. And be it further enacted that all deficient weights and 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
certain specific
weights

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 weighed within

liable for any deficiency in the weight of any loaf, unless the same forty-eight hours

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 Magistrate may

made for the drying of the bread : Provided also that it shall be lawful make reasonable for the Justice who shall hear any information for selling loaves small deficiencies contrary to the provisions of this Act, to make reasonable allowance of weight for any small deficiency of weight which shall appear to him fairly

attributable to accident, negligence of servants or any other cause than

measures condemned

Bakers' loaves of

Loaves to be

after baked

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