Legitimation Act Amendment Act of 1936 (1 Edw Viii No. 19) (Qld)

· LOCAL BODIES' LOANS-MARRIAGE AND DIVORCE. 16:309 PART HI.- 1 EDw. VIII. No. 19,1936. LegitimaUon Act Amendment Act. AMENDMENT OF THE - - - . - ..- - - - - - - - - - - - - - - - - - - - - . - - - - - .. ~ - - - -. -_. - ' - _.------ A1:DITAcTS. (2.) For the purpose of this section the following new section 4A is inserted in *" The Public Service Acts~ 1922 to 1924," as follows : - " [4A.] Notwithstanding anything in this Act Department et contained, the Auditor-General shall, with respect to ~ ~ ~ his department (which for all purposes of this Act is and G~n~r~ f~ constitutes a department thereunder under the name of the "Department of the Auditor-General") and the inspectors and other officers employed therein, have and be charged with all the powers, privileges, and duties of the permanent head of a department, and for the purposes of this Act shall be the permanent head of the Department of the Auditor-General." " MAIN ROADS. See ROADS. MARRIAGE AND DIVORCE. An Act to Amend "The Legitimation Act of 1899" 1E~ ~ ' : ; ; ~ II. in certain particulars. [ASSENTED TO 26TH NOVEMBER, 1936.] THE LEGlTDIATION ACT A~IENDMENT B E it enacted by the King's Most Excellent Majesty, ACT OF 1936 by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authOTity of the same, as follows:- 1. This Act may be cited as " The Legitimation Act Short title. Amendment Act of 1936," and shall be read as one with t" The Legitimation Act of 1899," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Legitimation Acts, 1899 to 1936." 2. The Principal Act is hereby amended by the New s. 7A. insertion therein, after. section seven, of the following new section numbered 7 A, that is to say:- "[7A.] (1.) When any mother of an illegitimate Application child claims to have married (whether before, on, or f~rmother after the passing of t"The Legitimation Act Amendment legiti~ ation Act of 1936 ") the father of such child since the birth of of chIld. such child and that the father of such child has died (whether before, on, or after the passing of t"The * 13 Geo. v. No. 31 and 15 Geo. v. No. 24, 8upra, pages 10159 and 11089. t 63 Vic. No. 11, 8upra, page 2056. :j: 1 Edw. VIII. No. 19 (this Act).

16310 MARRIAGE AND DIVORCE. Legitimation Act Amendme~ tt Act. 1 EDw. VIII. No. 19, 1936. Legitimation Act Amendment Act of 1936") without having previously made and/or produced to a Registrar a statutory declaration as provided in this Act, such mother may make application to a Registrar for the legitimation of such child. (2.) Upon receipt of such application the Registrar shall transmit same to the clerk of petty sessions of the town appointed for the holding of courts of petty sessions within the petty sessions district in which the applicant resides nearest to such place of residence, and on receipt of such application such clerk of petty sessions shall appoint a time for the hearing thereof by the court, and shall cause notice thereof to be given to the applicant. (3.) Such application shall be heard in private by the court, which shall be constituted by a police magis- trate or acting police magistrate, or, if there is no police magistrate or acting police magistrate available, then by such justice or justices as the Attorney-General shall by writing under his hand appoint. (4.) The court may allow or order the attendance at the hearing of any such application of any person interested or concerned therein, or of any person who in its opinion might be able to give evidence affecting the application: Provided that the court may take evidence on oath, and may, in addition to or in lieu of evidence on oath, receive as evidence affidavits or statutory declarations. (5.) On the production to the Registrar of a certificate of the court which heard the application to the effect that it has been proved to its satisfaction that the husband of the applicant was the father of the child mentioned therein, it shall be the duty of the Registrar to register such child, whether dead or alive, as the lawful issue of the applicant and her deceased husband, and the Registrar shall proceed as directed in section seven of this Act. Certain (6.) Nothing in this section shall affect any estate, e~ tates, right, or interest in any real or personal property to TinItgehrtes. stosrnot W h l ' e h any person h as become or may become ent'ltled, a~ ected !'Y either mediately or immediately in possession or thIS sectlOn expect ancy by V.Irt ue 0 f any diSpOSI'tI' On madeb. ! e"lore the passing of *"The Legitimation Act Amendment Act of 1936," or by virtue of any devolution by law on the death of any person dying before the passing of such lastmentioned Act." * 1 Edw. VIII. No. 19 (this Act).