Judge may order redemption of annuity on surrender value being ascertained and paid.

"Judge' means a Judge of the Supreme Court.

"Land" includes land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, also an undivided share in land.

"Owner" means the owner or proprietor whether in possession, remainder, reversion, or otherwise, either at law or in equity of land, and includes the donee of a power to appoint or dispose of the same, a trustee for sale of the fee simple, and the guardian of any infant or the committee of the estate of any lunatic or person of unsound mind lawfully appointed.

'Registrar" means and includes the Registrar of Titles, and the Registrar of Deeds, and any deputy, assistant, or acting Registrar respectively.

3. The owner of any land may require an annuitant to surrender any annuity issuing out of or charged on the land, and to discharge the land therefrom, on the following conditions:-

(1.) The owner shall take out an originating summons
returnable before a Judge in Chambers for an order
directing that the cash surrender value of such an-
nuity be ascertained, and that on payment of such
value the annuity be redeemed and the land dis-
charged therefrom. Such summons shall be served
in such manner and time and on such persons as a
Judge may direct.

(2.) On the hearing of such summons a Judge may dismiss
the same, or fix the valuation, or direct the same to
be ascertained by the Master of the Court or an ac-
tuary, accountant, or other qualified person, and may
make such other order as to the Judge seems meet.
The value so fixed or ascertained shall be paid to such
person or persons, or into Court to abide further
order, as the Judge may direct. Every such order
shall contain full particulars of the land affected.
(3.) On payment of the valuation so fixed or ascertained
within the time and in manner directed in the order,
or any extension thereof, the annuity shall be re-
deemed, and upon production to the Registrar of an
office copy of such order, together with a receipt from
the person or persons to whom the valuation is pay-
able, the Registrar shall make an entry in the register
book stating the time at which it was made, and that
such annuity is discharged, and the land shall there-
upon be freed and discharged from the annuity.

(4.)

(4.) By consent of the annuitant the Judge may direct the

redemption of part only of the annuity or the discharge (with or without redemption in whole or in part) of any of the land subject to the annuity.

(5.) To ensure the due performance of the trusts under which the annuity was created the Judge in any such order shall give directions for securing the investment of the amount of such valuation and the application of the income thereof.

By Authority: A. CURTIS, Acting Government Printer, Perth.

AN ACT to confirm a further Provisional Order to amend and vary a certain Provisional Order authorising the Construction of Tramways in the Municipality of North Perth.

[Assented to 21st December, 1909.]

E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, follows:

as

1. This Act may be cited as the North Perth Tramways Act, Short title.

1909.

2. The Provisional Order made by the Minister for Works on Confirmation of the twentieth day of October, one thousand nine hundred and nine, Provisional Order. and set forth in the schedule of this Act, is hereby confirmed.

3. Subject to the provisions of the Tramways Act. 1885, the Powers for propromoter named in the said Provisional Order and its assigns (here- moter to construct, inafter called the promoter) may make, form, lay down, construct, tramways. maintain, and work the tramways set forth in the said Provisional

Order.

maintain, and work

4.

Power to construct and use railways

4. It shall at all times hereafter be lawful for the Minister for crossing tramways. Works to construct. and for the Commissioner of Railways to maintain and use lines of railway crossing the said tramways at any points; and whenever any such line of railway shall have been so constructed, the Commissioner of Railways may require the promoter. at its own cost, to erect a suitable bridge over such railway for the tramway traffic.

Protection of telephone service.

Schedule incorporated.

5. Whenever any telephone service is erected prior to the construction of the tramways, and is prejudicially affected by the construction or working of the tramways, the Postmaster General may, at the cost of the promoter and its assigns. do all such things as may be necessary to protect the telephone service from being so affected, either by placing the same on a metallic circuit system or otherwise.

6. The Schedule hereto shall form part of this Act.

SCHEDULE