Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 443

Proof of ownership

443. Proof of ownership



(1) In any legal proceedings under this Act-

   (a)  evidence that the person proceeded against is rated in respect of any
        land or premises to any general rate for the council within the
        municipal district of which such land or premises are situate; and





   (b)  evidence by the certificate of the Registrar-General or his deputy
        that any person appears from any memorial of registration of any deed
        conveyance or other instrument to be the owner or proprietor of any
        land; and

   (c)  evidence by a certificate signed by the Registrar of Titles or any
        assistant registrar and authenticated by the seal of the Office of
        Titles that any person's name appears in the Register kept under the
        Transfer of Land Act 1958 as owner or proprietor of any land-

shall (until the contrary is proved) be evidence that such person is owner
proprietor or occupier (as the case may be) of such land or premises.

(2) If the person appearing to be the owner of any land is absent from
Victoria or cannot after reasonable inquiries be found any occupier or any
agent or person advertising or notifying himself by placard or otherwise as
authorized to deal with such land in any way shall for the purposes of any
legal proceedings under this Act be deemed to be such owner:

Provided that-

   (a)  such occupier agent or person may recover from such owner any penalty
        in which he has been convicted or any expenses to which he has been
        put or any sums of money or costs which he has expended in and about
        such land pursuant to this Act whether under the compulsion of legal
        process or not; and

   (b)  nothing herein shall prejudice exclude or take away any other methods
        of proof.