A.D. 1896. Acts to be read together. Game Protection. First day of July in every year to the last day of January in every succeeding year, both days inclusive: For Bronze-winged Pigeons from the First day of August in every year to the last day of February in every succeeding year, both days inclusive: For Wattle Birds from the First day of August in every year to the Twenty-third day of May in every succeeding year, both days inclusive: For Quail from the First day of July in every year to the Thirtieth day of April in every succeeding year, both days inclusive." 5 This Act and the said Act, save as amended by this Act, shall be read and construed together as one and the same Act WILLIAM GRAHAME, JUN., AN ACT to amend "The Marriage Act, A.D. 1896. 1895." [2 October, 1896.] BE it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 This Act may be cited as "The Marriage Amendment Act, 1896." Short title. mutual contract 2 Notwithstanding anything to the contrary contained in "The Marriages may be Marriage Act, 1895," it shall be lawful in the case of persons intending celebrated in marriage who object to the celebration of marriage by an officiating certain cases by Minister or Registrar, to mutually contract and celebrate marriage before some between themselves: Provided, that a Registrar's Licence or Certificate authorised person. has been obtained, and that such celebration is performed before Two or more witnesses, and in the presence of a Registrar of Marriages duly appointed, and that during some part of the ceremony each of the upon those persons to be married shall say to the other" I call here present to witness that I (A.B.) do take thee (C.D.) to be my lawfully wedded wife (or husband)," or words to that effect: Provided also that all other conditions imposed by "The Marriage Act, 1895," persons pon parties intending marriage, and upon Registrars and witnesses, 50 Vict. No. 23. shall be duly complied with. A.D. 1896. The person wit Marriage Amendment. 3 The Registrar witnessing such Marriage shall be held responsible for the due fulfilment of all the conditions imposed by Law, and shall nessing any such register, certify, and do all other matters required by Law as if the ceremony of Marriage was actually celebrated by the Registrar, excepting that the words before me shall be used by him in all entries of certification instead of the words by me as otherwise provided. Marriage responsible for due registration thereof. Registrars may be appointed. Forms may be Acts to be read together. 4 Upon the receipt by the Registrar-General of a certificate under the hand of Two duly recognized officers of a religious body enumerated in the Schedule No. 2 of "The Marriage Act, 1895," or of a properly attested application and nomination from at least Twelve householders, declaring that for at least Six months they have habitually met together for the purpose of public worship as a separate and distinct body or congregation in a building regularly devoted to public worship, and that the said body or congregation is properly organized with duly appointed managers or officers, it shall be lawful for the Governor in Council, upon the recommendation of the Registrar-General, to appoint, during pleasure, any official nominated by any such religious body or congregation to be a Registrar of Marriages; and it shall be lawful for every Registrar so appointed to witness and officiate in any marriage celebrated under Section Two of this Act in any building, provided the ceremony is duly performed with open doors; and every Registrar so appointed shall have all the powers and authorities and be subject to all the provisions of "The Marriage Act, 1895," which apply to a Registrar of Marriages; and every such appointment and every removal shall be notified in the Gazette. 5 It shall be lawful for the Governor in Council, or the RegistrarGeneral, with the consent of the Governor in Council, by Regulation, to alter from time to time all or any of the forms contained in the Schedules to "The Marriage Act, 1895," in such manner as may appear to them best for carrying into effect the provisions of the said Act or this Act, or to prescribe new forms for that purpose, and from time to time to alter and amend the same. 6 This Act and "The Marriage Act, 1895," save as amended by this Act, shall be read and construed together as one and the same Act. WILLIAM GRAHAME, JUN., AN ACT for codifying the Law relating to A.D. 1896. the Sale of Goods. BE [2 October, 1896.] E it enacted by His Excellency the Governor of Tasmania, by and with the ad vice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 This Act may be cited as "The Sale of Goods Act, 1896." Short title. 2 This Act shall come into operation on the First day of January, Commencement. One thousand eight hundred and ninety-seven. Preliminary. 3-(1.) In this Act, unless the context or subject-matter otherwise Interpretation of requires "Action" includes counter-claim and set-off: 66 Buyer" means a person who buys or agrees to buy goods : sale: "Delivery" means voluntary transfer of possession from one "Document of title" has the same meaning as it has in "The "Fault" means wrongful act or default : "Future goods" means goods to be manufactured or acquired terms. See 56 & 57 Vict. c. 71, s. 62. A.D. 1896. Repeals. 56 & 57 Vict., c. 71, S. 60. Schedule. Savings. See ib., s. 61. Sale of Goods. "Goods" includes all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale: "Plaintiff" includes defendant counterclaiming : Property" means the general property in goods and not merely a special property: Quality of goods" includes their state or condition : "Sale 66 includes a bargain and sale as well as a sale and delivery: "Seller" means a person who sells or agrees to sell goods: Specific goods means goods identified and agreed upon at the time a contract of sale is made: and "Warranty means an agreement with reference to goods which are the subject of a contract of sale but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. (2.) A thing is deemed to be done in "good faith" within the meaning of this Act when it is in fact done honestly, whether it be done negligently or not. (3.) A person is deemed to be bankrupt within the meaning of this Act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not. (4.) Goods are in a "deliverable state" within the meaning of this Act when they are in such a state that the buyer would under the contract be bound to take delivery of them. 4 The enactments mentioned in the Schedule to this Act, to the extent in that Schedule mentioned, shall not, after the commencement of this Act, extend to or be in force in this Colony; but this provision shall not affect anything done or suffered or any right, title, or interest acquired or accrued before the commencement of this Act, or any legal proceeding or remedy in respect of any such thing, right, title, or interest. 5-(1.) The Rules in Bankruptcy relating to contracts of sale shall continue to apply thereto notwithstanding anything in this Act contained. (2.) The Rules of the Common Law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress, or coercion, mistake, or other invalidating cause shall continue to apply to contracts for the sale of goods. (3.) Nothing in this Act, or in any repeal effected thereby, shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Act. (4.) The provisions of this Act relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security. |