not disclosed by be mentioned as 6. No right or contingent right to dower out or in respect of 33 VICTORIA, any land in Victoria alienated in fee by Her Majesty before the said No. 353. second day of October One thousand eight hundred and sixty-two, Rights not inand which after the expiration of the said two months shall be cluded in list and brought under the operation of "The Transfer of Land Statute," the title not to or out or in respect of any such land as aforesaid which theretofore encumbrances on shall have been brought under the operation or which shall be then certificate. subject to the provisions of the said statute, shall charge or affect any such land or be recoverable out of or against the same either at law or in equity by reason alone of the marriage having taken place before the year One thousand eight hundred and thirty-seven, unless the name of the husband whose widow or wife can or may claim such right or contingent right shall be lodged with the registrar within the time aforesaid, or unless the owner for the time being died intestate before the first day of July One thousand eight hundred and sixty-four, leaving a widow whose right to dower had not been barred or unless the title to the land shall show expressly or by necessary inference that the owner for the time being had been married, in any of which cases such right or contingent right while outstanding may be mentioned as an encumbrance in the certificate of title: Provided always that nothing contained in this Act shall confer on the claimant or her legal personal representatives any greater or further 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. land to be free rights. 7. Every future certificate of title to land alienated in fee by Future certifiHer Majesty before the said second day of October One thousand cates of registered eight hundred and sixty-two, and which shall have been brought from other dower under the operation or shall be subject to the provisions of "The Transfer of Land Statute," before the expiration of the aforesaid period of two months, shall except in the cases 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 registrar as aforesaid notwithstanding any such right may be mentioned as an encumbrance in the existing certificate. ficates free from 8. Nothing herein contained shall diminish the legal effect of any Effect of certiregistered certificate of title which shall not expressly be made subject dower rights not to any right or contingent right to dower in favor of the claimant, to be diminished. notwithstanding the name of the former husband of the claimant may be included in such list but may be omitted from such certificate. 9. Any widow married before the year One thousand eight Recovery of hundred and thirty-seven, who shall be deprived of her right against value of deprived the land or the owners for the time being thereof by the effect of this Act, or her legal 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 assurance 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. Registrar to carry trust estate. 10. No action shall be maintainable against the registrar under or by virtue of this Act unless an action or suit would but for the passing hereof have been maintainable against the owner for the time being of the land if such land had not been brought under the operation or had not become subject to the provisions of "The Transfer of Land Statute," but had been conveyed to such owner by an ordinary legal assurance. 11. The twentieth section of "The Transfer of Land Statute' shall be and the same is hereby repealed, and in lieu thereof the following shall be and may be cited as the twentieth section of the said Statute (that is to say):-The registrar shall under such direction as aforesaid cause notice to be published in such manner as by such direction may be prescribed that application 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 be 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 Real Property Act" or of "The Transfer of Land Statute" he may after sending through the post office to the applicant or his agent one month's notice in this behalf rescind such direction and reject the title unless the applicant shall adduce satisfactory proof that he is proceeding without unnecessary delay in removing or complying with the requisitions made on the title. : 12. The one hundred and eleventh section of "The Transfer of out order vesting Land 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 eleventh section of the said Statute (that is to say):-Whenever 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 registrar on being served with such order or an office copy thereof shall enter in the register 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 vest the said land estate or interest; and upon such entry in the register book such person shall become the transferree and be deemed to be the proprietor thereof. Unless and until such entry shall be made the said order shall have no effect or operation in transferring or otherwise vesting the said land estate or interest. An Act to facilitate the operations of Friendly Societies interested in Land under the "Transfer of Land Statute." [23rd November 1871.] BE 35 VICTORIA, No. 402. E it enacted by the Queen's Most Excellent Majesty by and with Preamble. the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in Parliament assembled and by the authority of the same as follows: to be as tered proprietors. 1. A transfer of any land whether freehold or leasehold held by Transfers by registered proprietors being trustees for any society established or tractus as it to be established under the "Friendly Societies Statute 1865" and made by regisholding the 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 the time being of the land, notwithstanding anything to the contrary hereof contained in the said "Transfer of Land Statute." with. 2. The Commissioner of Titles in any case within the forty-fifth Advertisement section of the last-mentioned Statute in which members of Friendly may be dispensed Societies are interested may before making an order thereunder dispense with the advertisement required by the forty-sixth section thereof. An Act to Consolidate the Law relating to Trusts [Reserved, 20th April 1864. Royal Assent announced by Proclamation, 27th BE it 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 (that is to say): 1. This Act shall be called and may be cited as the "Statute Title of Act. of Trusts 1864." 2. The several Acts and parts of Acts mentioned and described Repeal of Acts. in the Schedule to this Act shall be and the same are hereby re- Schedule. pealed; but all actions suits or other proceedings commenced before the coming into operation of this Act shall be prosecuted as if this |