27 VICTORIA, No. 190. SEVENTH SCHEDULE-FORMS-continued. No. 50.-Summons for Persons to attend at Chambers to be examined. In the Supreme Court. In the matter &c. on day of 186 at A.B. &c. and E.F. are hereby severally summoned to attend at the chambers of of the clock in the noon to be examined on the part of the official liquidator [or of W.D. of &c.] for the purpose of proceedings directed by His Honor to be taken before me in the above matter And the said A.B. is hereby required to bring with him and produce at the time and place aforesaid a certain indenture [describe documents] and all other books papers deeds writing and other documents in his custody or power in any wise relating to the above-named company. No. 51.-Certificate of the Company being completely wound up and of the Official In the matter &c. In pursuance of the directions given to me by His Honor I hereby certify that R.P.H. the official liquidator of the above-named company has day of the affairs of the said company have been completely wound up. The evidence produced &c. 186 And that day of Upon the application of the official liquidator of the above-named company and upon reading an order dated the, day of and the associate's certificate dated the whereby it appears that the affairs of the said company have been completely wound up and that the balance of £ due from [or to] the official liquidator has been paid in manner directed by the said order it is ordered that the said company be dissolved as from this day of An Act to provide that the Revenue and other Laws WHEREAS by an Act of the Imperial Parliament passed in Preamble. the session of the thirteenth and fourteenth years of the reign of Her present Majesty Queen Victoria intituled " An Act for 18 & 14 Vict. the better government of Her Majesty's Australian Colonies" it is c. 59. amongst other things enacted that after such provisions for establishing electoral districts as therein mentioned shall have been made by the Governor and Legislative Council of New South Wales and upon the issuing of the writs for the first election in pursuance thereof the territories comprised within the district of Port Phillip shall be separated from the colony of New South Wales, and that thereupon the powers of the Governor of New South Wales over and in respect of the colony of Victoria shall cease: And whereas it is expected that such writs will shortly be issued whereupon the territories comprised within the said district of Port Phillip will cease to form part of the colony of New South Wales: And whereas certain Acts of the Governor and Council of the colony of New South Wales have provided for the levying of certain "duties upon spirits wines and other goods and merchandise imported into the said colony of New South Wales and its dependencies:" And whereas also a certain other Act of the said Governor and Council has provided for the "general regulation of the customs in New South Wales:" And whereas also divers other Acts of the said Governor and Council and various Government and other public regulations made in pursuance of some of such Acts have made other provisions and regulations purporting to apply to the said "colony of New South Wales only:" And whereas doubts may arise whether after such separation as No. 49. 14 VICTORIA, aforesaid the said several duties upon spirits wines and other goods and merchandise will be legally leviable within the said colony of Victoria and also whether the said several other Acts and the said Government and other public regulations will apply to and be in force within the said colony of Victoria after such separation as aforesaid: And whereas it is necessary to remove such doubts and to provide that all laws and all rules and regulations founded thereon which now apply to the said district of Port Phillip as a part of the said colony of New South Wales shall until altered by the Legislature of Victoria continue to be in full force and effect within the territories comprised within the said district after their separation as aforesaid in the same manner as if such separation had not taken place: Be it therefore enacted: Duties and customs laws of New after separation. 1. That all and every the duties and duty now chargeable and South Wales con- payable within the colony of New South Wales upon all spirits. tinued in Victoria wines and other goods and merchandise imported into the same shall be charged and paid within the district of Port Phillip after its erection into the separate colony of Victoria upon all spirits wines and other goods and merchandise imported into the last-mentioned colony in the same manner in every particular as if such separation had not taken place; and that all and every the laws and regulations now in force for the collection and regulation of the customs in New South Wales shall in like manner after such separation continue to be in force and shall be applied to the said colony of Victoria as if such separation had not taken place until such duties laws and regulations shall severally and respectively have been altered by the Governor and Legislative Council of Victoria. Legislation of separation. 2. And be it enacted, That all and every other the laws and Wales continued Government or other public regulations which have at any time in Victoria after been passed or made for the colony of New South Wales or for the district of Port Phillip and now in force within the said district shall, after such separation as aforesaid and until other provision shall have been made in respect of the same matters respectively, by the Governor and Legislative Council of Victoria or other competent authority severally and respectively, continue to be in force within and shall be applied to the territories comprised within the colony of Victoria and to all persons matters and things therein in the same manner to all intents and purposes as if such separation had not taken place. Customs duties payable in each colony irrespective of place of first landing. 3. And be it declared and enacted, That after the separation of the colony of New South Wales and Victoria all goods merchandise and articles now subject to duty on importation into the colony of New South Wales shall be liable to and shall pay duty in each of the said colonies respectively, irrespective of the place at which they were first landed: Provided that if such goods merchandise or articles have paid the import duty in the one colony, the usual drawback shall be allowed on its exportation to the other. An Act to confirm the adoption and use of a Seal W HEREAS by virtue of an Act of the Imperial Parliament of Preamble. Great Britain and Ireland passed in the thirteenth and fourteenth years of the reign of Her present Majesty Queen Victoria intituled "An Act for the better government of Her Majesty's Australian Colonies," and also an Act of the Governor and Legislative Council of the colony of New South Wales passed in the fourteenth year of the reign of Her present Majesty Queen Victoria known as "The Victoria Electoral Act of 1851," and of certain writs proclamations and proceedings issued performed had and made in pursuance of such Acts respectively, the territories comprised within the district of Port Phillip were from and after the first day of July in the year of our Lord One thousand eight hundred and fifty-one separated from the said colony of New South Wales and erected into a separate colony known and designated as the "Colony of Victoria:" And whereas a seal bearing the Royal Arms of England and having inscribed on the label or exergue thereof the words "Lieutenant-Governor of Victoria" was adopted by the Lieutenant-Governor of the said colony of Victoria and has been used as and for the seal of the said colony: And whereas a public seal of the said colony of Victoria has been received by the said LieutenantGovernor, accompanied with a warrant under Her Majesty's Royal Sign Manual directed to Sir Charles Augustus Fitz Roy, Knight, Captain-General and Governor-in-Chief in and over the colony of Victoria and its dependencies, or in his absence to the LieutenantGovernor or officer administering the Government of the said colony and its dependencies for the time being, whereby Her Majesty the Queen was graciously pleased to declare that therewith would be received a seal prepared by her order for the use of the said colony of Victoria and its dependencies, and her will and pleasure to be and Her Majesty did thereby authorise and direct that the seal should be used in sealing all public instruments which should be made and No. 1. 16 VICTORIA, passed in her name and for her service in the said colony of Victoria and its dependencies: And whereas upon the receipt of such public seal by the said Lieutenant-Governor the said seal so adopted as aforesaid was forthwith damasked and destroyed: And whereas it is expedient to confirm and render valid the adoption of such seal so adopted as aforesaid and the use thereof as the seal of the said colony and all public instruments sealed therewith and to indemnify all persons having acted or to act by authority thereof: Be it therefore enacted by His Excellency the Lieutenant-Governor of the said colony of Victoria by and with the advice and consent of the Legislative Council thereof: Adoption and use valid. 1. That the adoption of such seal and the use thereof as and for of seal declared the seal of the said colony of Victoria as aforesaid shall be and the same are hereby confirmed and declared to be valid and effectual to all intents and purposes whatsoever. Public instruments without resealing and all under declared valid. 2. That all public instruments sealed with such adopted seal or to which such adopted seal may have been affixed or appended shall acts done there be as valid and effectual to all intents and purposes as if the same had been sealed with the public seal of the said colony, or as if such public seal had been affixed or appended thereto, without any necessity whatsoever for the resealing of any such instruments with such public seal or the affixing or appending the same thereto : and all offices already created and all acts whatsoever done or hereafter to be done under any such instrument shall be and be deemed and taken to be valid and effectual to all intents and purposes whatsoever. Persons acting indemnified. Defendant may plead general issue and give matter in 3. That any person having acted in any office discharged any duty or done any act or who shall hereafter act in any office discharge any duty or do any act under any such public instrument as aforesaid is and shall be indemnified freed and discharged from and against all penalties fines forfeitures costs charges and liabilities incurred or to be incurred for or by reason or on account thereof. 4. That in any action plaint suit bill indictment information or other proceeding which hath been or shall or may be instituted Act and special brought carried on prosecuted or taken against any person for or on account of or to recover any such penalty fine forfeiture cost charge or liability as aforesaid, such person may plead the general issue and give this Act and the special matter in evidence on any trial to be had thereupon. evidence. Interpretation clause. 5. That the words "public instrument" in this Act shall be taken to mean all appointments proclamations commissions writs warrants letters patent or close grants accounts conveyances deeds documents instruments and writings; and the word "acts" shall be taken to mean all acts deeds duties documents grants assurances process instruments and writings; and the word "do" shall be taken to mean do make perform discharge issue execute sign seal or deliver; and the word "under" shall be taken to mean under by virtue means license authority or color of and whether mediately immediately derivatively or otherwise. |