No. 242. 28 VICTORIA, to his guardian and be applied and disposed of for the benefit of such infant in such manner as the said court shall direct; if such renewal shall be made by a feme covert, to such person or in such manner as the court shall direct for her benefit; and if such renewal shall be made in the name of any person out of the jurisdiction or not amenable as aforesaid, to such person or in such manner or into the said court to such account and to be applied and disposed of as the said court shall direct. Surrender and leases deemed valid. Will. IV. c. 65 8. 31. 19. Every surrender and lease agreement conveyance or other disposition respectively granted and accepted executed and made by 11 Geo. IV. & 1 virtue of this Act shall be and be deemed as valid and legal to all intents and purposes as if the person by whom or in whose place or on whose behalf the same respectively shall be granted or accepted executed and made had been of full age or unmarried and had granted accepted made and executed the same; and every such surrender and lease respectively made and accepted by or on the behalf of a feme covert shall be valid without any fine being levied by her. Court may order dividends of stock belonging to infants to be applied for maintenance. Ib. s. 32. Costs may be directed to be paid. Ib. s. 35. Interpretation of terms. Ib. s. 2. 20. It shall be lawful for the Supreme Court, by an order to be made on the petition of the guardian of any infant in whose name any stock shall be standing or any sum of money by virtue of any Act for paying off any stock and who shall be beneficially entitled thereto or (if there shall be no guardian) by an order to be made in any cause depending in the said court, to direct all or any part of the dividends due or to become due in respect of such stocks or any such sum of money to be paid to any guardian of such infant or to any other person according to the discretion of such court for the maintenance and education or otherwise for the benefit of such infant such guardian or other person to whom such payment shall be directed to be made being named in the order directing such payment; and the receipt of such guardian or other person for such dividends or sum of money or any part thereof shall be as effectual as if such infant had attained the age of twenty-one years and had signed and given the same. 21. The Supreme Court may order the costs and expenses of and relating to the petitions orders directions conveyances and transfers to be made in pursuance of the last ten preceding sections of this Act or any of them to be paid and raised out of or from the lands or stock or the rents or dividends in respect of which the same respectively shall be made in such manner as the said court shall think proper. 22. The provisions of the last eleven preceding sections of this Act shall extend and be understood to extend to and include the several other estates persons matters and things hereinafter mentioned (that is to say):-those relating to land to any manor messuage tenement hereditament or real property of whatsoever tenure and to property of every description transferable otherwise thau in books kept by any company or society or any share thereof or charge thereon or estate or interest therein; those relating to stock, to any fund annuity or security transferable in books kept by any company or society or to any money payable for the discharge or redemption thereof or any share or interest therein; those No. 242. relating to dividends, to interest or other annual produce; those 28 Victoria, relating to a conveyance, to any release surrender assignment or other assurance including all acts deeds and things necessary for making and perfecting the same; those relating to a transfer, to any assignment payment or other disposition; unless there be something in the subject or context repugnant to such construction. WHEREAS A.B. affirms and C.D. denies [here state fully the fact or facts in issue] and the Judges of the Supreme Court of Victoria [or such other court &c.] are desirous of ascertaining the truth by the verdict of a jury, and both parties pray the same may be enquired of by the country Let the same be tried accordingly. ESTATES OF DECEASED PERSONS. Section 6. E it enacted by the Queen's Most Excellent Majesty by and 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 Evidence 1864;" and the sections thereof are arranged in Parts Arrangement of as follows: PART I.—The means of obtaining evidence ss. 3-16. ss. 17-19. PART III.-Documentary evidence and penalties on its falsi fication ss. 20-33. sections. 27 VICTORIA, No. 197. Repeal of existing Acts. First Schedule. Subpoena and summonses to witnesses. R. Pr. 32. Order or commission to ex 8. 4. PART IV. Substitutes for an oath and penalties on wilful false statements ss. 34-40. PART V.-Persons whose evidence may be received ss. 41-44. PART VII.-The means of discrediting evidence ss. 50-53. 2. The Acts mentioned in the First Schedule to this Act shall be and the same are hereby repealed. PART I. THE MEANS OF OBTAINING EVIDENCE. 3. It shall not be necessary to issue a separate writ or subpoena ad testificandum or a separate summons for every four witnesses, and any number of witnesses may hereafter be inserted in any such writ or summons for the same party in the same matter; and no subpoena duces tecum or summons for the production of an original record shall be issued out of any court unless a rule of court or the order of a judge shall be produced to the proper officer of such court and filed with him, and unless the writ or summons shall be made conformable to the description of the document mentioned in such rule or order. 4. It shall be lawful for the Supreme Court or any judge amine witnesses. thereof in any action or suit depending in such Supreme Court 1 Will. IV. c. 22 or in any county court or court of mines upon the application of any of the parties to such action or suit to order the examination on oath upon interrogatories or otherwise before some person to be named in such order of any witnesses within Victoria or its dependencies; or to order a commission to issue for the examination of witnesses on oath at any place or places out of Victoria and its dependencies by interrogatories or otherwise; and by the same or any subsequent order or orders to give all such directions touching the time place and manner of such examination as well within Victoria and its dependencies as without and all other matters and circumstances connected with such examinations as may appear reasonable and just; and it shall be lawful for every person authorised to take the examination of witnesses by any rule order writ or commission made or issued in pursuance of this Act and he is hereby authorised and required to take all such examinations. Witness may be for examination. Ib. 8. 5. 5. When any rule or order shall be made for the examination ordered to attend of witnesses within Victoria or its dependencies by authority of this Act, it shall be lawful for the Supreme Court or any judge thereof in and by the first rule or order to be made in the matter or any subsequent rule or order to command the attendance of any person to be named in such rule or order for the purpose of being examined or the production of any writings or other documents to be mentioned in such rule or order, and to direct the attendance of any such person at his own place of abode or elsewhere if necessary or convenient so to do; and the wilful disobedience of any such rule or order shall be deemed a contempt of the Supreme Court, and proceedings may be thereupon had by attachment (the judge's order |