No. 301. 29 VICTORIA, may be recovered from such person by action in the name of the registrar at any time thereafter if such person shall be found within the jurisdiction of the Supreme Court. Provided also that the said fund shall be liable for such amounts only as the sheriff shall fail to recover from the person liable as aforesaid. Rules of Supreme of appeal as in ordinary actions. 152. In the conduct of actions under this Act the same rules and same right of procedure and practice shall apply, and there shall be the same rights of appeal, as shall be in force or exist for the time being in respect of ordinary actions in the court in which such action may be tried. Provided that the judges shall have power from time to time to make rules and orders for regulating proceedings in the Supreme Court under this Act, and from time to time to rescind alter or add to such rules and orders. Supreme Court may make rules &c. Certain fraudulent acts to be deemed misde meanors. Forgery to be a felony. 153. If any person wilfully makes any false statement or declaration in any application to bring land under the operation of this Act or in any application to be registered as proprietor whether in possession remainder reversion or otherwise on a transmission or in any other application to be registered under this Act as proprietor of any land lease mortgage or charge, or suppresses or conceals or assists or joins in or is privy to the suppressing withholding or concealing from the commissioner or registrar any material document fact or matter of information, or wilfully makes any false statutory declaration required under the authority or made in pursuance of this Act, or if any person in the course of his examination before the commissioner wilfully and corruptly gives false evidence, or if any person fraudulently procures assists in fraudulently procuring or is privy to the fraudulent procurement of any certificate of title or instrument or of any entry in the register book or of any erasure or alteration in any entry in the register book, or knowingly misleads or deceives any person herein before authorised to require explanation or information in respect to any land or the title to any land under the operation of this Act or in respect to which any dealing or transmission is proposed to be registered, such person shall be guilty of a misdemeanor; and shall incur a penalty not exceeding five hundred pounds, or may at the discretion of the court by which he is convicted be imprisoned for any period not exceeding three years; and any certificate of title entry erasure or alteration so procured or made by fraud shall be void as against all parties or privies to such fraud. 154. If any person is guilty of the following offences or any of them (that is to say) (1.) Forges or procures to be forged or assists in forging the seal of the office of titles or the name signature or handwriting of any officer in cases where such officer is by this Act expressly or impliedly authorised to affix his signature: (II.) Stamps or procures to be stamped or assists in stamping any document with any forged seal purporting to be of the office of titles: (III.) Forges or procures to be forged or assists in forging the name signature or handwriting of any person whomsoever to any instrument which is by this Act or in pursuance of any power contained in this Act expressly or impliedly authorised to be signed by such person : No. 301. (IV.) Uses with an intention to defraud any person whomso- 29 VICTORIA, such person shall be guilty of felony. 155. Any person convicted of felony under this Act shall be Punishment of liable to imprisonment for any term not exceeding four years, and felony. to be kept to hard labor or solitary confinement for any part of the period aforesaid. to affect civil 156. No proceeding or conviction for any act hereby declared to Conviction not be a misdemeanor or a felony shall affect any remedy which any person remedy. aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act or against his estate. make discovery not excluded. 157. Nothing in this Act contained shall entitle any person obligation to to refuse to make a complete discovery by answer to any bill in equity or to answer any question or interrogatory in any civil proceeding in any court of law or equity or insolvency; but no answer to any such bill question or interrogatory shall be admissible in evidence against such person in any criminal proceeding. 158. Unless in any case herein otherwise expressly provided, Jurisdiction. all offences against the provisions of this Act may be prosecuted, and all penalties or sums of money imposed or declared to be due or owing by or under the provisions of the same may be sued for and recovered, in the name of the Attorney-General before any court in Victoria having jurisdiction for punishment of offences of the like nature or for the recovery of penalties or sums of money of the like amount. under the Land 159. Nothing contained in this Act shall enable any lessee of Powers of lessees land under any grant to transfer or otherwise deal with such land Act not extended. contrary to the provisions of " The Amending Land Act 1865."(a) 29 VICTORIA, No. 301. Section 17. SECOND SCHEDULE. VICTORIA. Application to bring Land under the operation of the " Transfer of Land Statute.” To the Registrar of Titles. I [insert name and addition] hereby apply to have the land hereinafter described brought under the operation of the “ Transfer of Land Statute" And I declare— section 1. That I am the owner of an estate in fee simple in possession [or of an estate of freehold in possession for my life or otherwise as the case may require] in ALL THAT piece of land being [insert if applicable part of] Crown allotment [or otherwise according to the Crown grant] parish land be part only of that granted add which land contains (insert area) or thereabouts and is described in the document numbered in the Schedule hereto or otherwise county [if the after the word thereabouts set forth a sufficient description to identify the land]. 3. That there are no documents or evidences of title affecting such land in my possession or under my control other than those included in the Schedule hereto. 4. That I am not aware of any mortgage or encumbrance affecting the said land or that any other person hath any estate or interest therein at law or in equity in possession remainder reversion or expectancy [if there be any add other than as follows and set the same forth.] 5. That the said land is occupied [if unoccupied prefix un to occupied if occupied add by whom and state the name and addition of the occupant and the nature of his occupancy.] 6. That the names and addresses so far as known to me of the occupants of all lands contiguous to the said land are as follows 7. That the names and addresses so far as known to me of the owners of all lands contiguous to the said land are as follows If the certificate of title is not to issue to the applicant add] And I direct the certificate of title to be issued in the name of [insert name and addition.] Dated this Made and subscribed at in the presence of day of One thousand eight hundred and [The applicant if within the colony to sign before the registrar or an assistantregistrar or a notary public justice of the peace commissioner for taking affidavits or perpetual commissioner; if abroad before a notary public or a commissioner for taking affidavits in the Supreme Court.] SCHEDULE OF DOCUMENTS REFERRED TO. Sections 21 & 34. THIRD SCHEDULE. Register Book. VICTORIA. Certificate of Title under the "Transfer of Land Statute." [Insert name and addition] is now the proprietor of an estate in fee simple [if not in fee simple state the nature of the estate and if the property be leasehold say of a leasehold estate for eight hundred and THAT piece of land delineated and colored day of years from the One thousand subject to the encumbrances notified hereunder in ALL on the map in the margin contain[insert area] or thereabouts being [insert if applicable part of ] Crown [or otherwise according to the Crown grant] [If the grant was for any public purpose shortly FOURTH SCHEDULE. VICTORIA. Caveat forbidding Land to be brought under the "Transfer of Land Statute." To the Registrar of Titles. TAKE NOTICE that I [insert name and addition] claim [particularise the estate or interest claimed] in the land described as [copy description from the advertisement] in the advertisement relating to the application of [state applicant's name and addition] and I forbid the bringing of such land under the operation of the "Transfer of Land Statute" I appoint as the place at which notices and proceedings relating hereto may be served. Dated this day of Signed in the presence of One thousand eight hundred and 29 VICTORIA, No. 301. Section 22. Caveat I [insert name and addition] FIFTH SCHEDULE. VICTORIA. being registered as the proprietor of an estate in fee simple [if not in fee simple state the nature of the estate and if the property be leasehold say of a leasehold estate for thousand eight hundred and years from the day of One in the land hereinafter described [if the transfer be by a mortgagee or annuitant under his power of sale say being the proprietor of a mortgage (or charge as the case may be) from C.D. registered the One thousand eight hundred and numbered day upon of section county or which he was then entitled or able to transfer or dispose of in] ALL THAT piece of land I [insert name and addition] being registered as the proprietor of a lease [or mortgage or charge as the case may be] numbered of (or upon) the land hereinafter described subject to the encumbrances notified hereunder in consideration of the sum of paid to me by C.D. [insert addition] Do HEREBY TRANSFER to the said C.D. all my estate and interest as such registered proprietor in ALL THAT piece of land being Crown allotment [or otherwise according to county section the description in the lease mortgage or charge] parish [or describe the land in general terms by reference to the registered instrument]. 29 VICTORIA, No. 301. Section 61. Section 64. Section 75. Transfer of Land or of a Lease Mortgage or Charge by Endorsement. I the within named [insert name] in consideration of the sum of paid to me by G.H. [insert addition] hereby transfer to said G.H. the within mentioned land [or lease or mortgage or charge as the case may be] subject however to the encumbrances notified or endorsed on the within grant [or certificate or in the register book]. One thousand eight hundred and Dated the Signed by the said day of in the presence of Signed by the said G.H. in the presence of SIXTH SCHEDULE. I certify that the within named B.B. came the thousand eight hundred and One day of before me at [state place] and acknowledged apart from any person that the within document (which I did not prepare and under which I am not interested) was understood by her and that she signed it without coercion. SEVENTH SCHEDULE. Creation of Right of Carriage-way in a Transfer of Freehold Land. Together with full and free right and liberty to and for the transferree hereunder and to and for the registered proprietor or proprietors for the time being of the land hereby transferred or any part thereof and his her and their tenants servants agents workmen and visitors to go pass and repass at all times hereafter and for all purposes and either with or without horses or other animals carts or other carriages into and out of and from the said land or any part thereof through over and along the road or way or several roads or ways delineated and colored brown on the said map. Creation of Right of Carriage-way in a Lease of Freehold Land. Together with full and free right and liberty to and for the said lessee and his transferrees proprietors for the time being of the land hereby leased or any part thereof and his her and their tenants servants agents workmen and visitors to go pass and repass at all times hereafter during the continuance of this lease and for all purposes and either with or without horses or other animals carts or other carriages into and out of and from the said land or any part thereof through over and along the road or way or several roads or ways delineated and colored brown on the said map. [Schedules 8 and 9 virtually repealed by 36 Vict. No. 427 s. 2, “Administration (Deceased Persons' Estates)," ante, p. 17.] TENTH SCHEDULE. VICTORIA. A.B. [insert addition] (hereinafter called the lessor) and who is registered as the proprietor of an estate [here state nature of the estate] in the land hereinafter described subject to the encumbrances notified hereunder HEREBY LEASES to C.D. [insert addition] (hereinafter called the lessee) ALL THAT piece of land being [insert if applicable part of] Crown |