Purchasing Government property from convicts Punishment Letters of convicts how dealt with Offenders when sentenced are to be conveyed and placed where and nor may appoint how the Gover Sentences cumu. lating not concurrent Governor to leave Convicts 18. And be it enacted that any person knowingly purchasing, bartering or receiving any article supplied by Government from any convict shall, on summary conviction before any two or more Justices of the Peace of such offence, forfeit and pay any sum not exceeding ten pounds, and in default of payment thereof shall be imprisoned, with or without hard labour, for any term not exceeding three calendar months, or at the discretion of the convicting Justice or Justices shall in the first instance be so imprisoned, and for a second offence shall forfeit and pay any sum not exceeding twenty pounds, and be imprisoned with hard labour for any time not exceeding twelve calendar months, and at the discretion of the convicting Justice or Justices, in case the offender be a male under eighteen years of age, be additionally punished with whipping not exceeding fifty lashes. 19. And be it enacted that all foreign letters from and all inland and foreign letters to a convict detained at any penal settlement or elsewhere, in the service of the Crown in the said Colony, shall be free of any colonial postage. Provided that all such letters from any such convict to any person in parts beyond the sea shall be transmitted open under cover to the Colonial Secretary, the Comptroller-General or the Resident Magistrate of the port from which the same shall be intended to be despatched beyond sea; and the said Secretary, Comptroller or Magistrate shall superscribe the same with his signature, and cause the same to be forwarded through the post. 20. And be it enacted that transportation to this Colony under the said Order in Council or other lawful authority, and every sentence of transportation passed in this Colony, and every order of the said Governor for transportation in lieu of capital punishment, shall subject the offender to be conveyed to such penal settlement or other place of confinement within this Colony, or to be kept to hard labour on such road or public work or otherwise in the service of the Crown as the said Governor shall at his discretion direct and appoint, and every sentence to labour on the roads or public works shall subject the offender to be placed on such road or work within this Colony as the said Governor shall appoint. 21. And be it enacted that the term of any sentence passed in this Colony on any convict shall be in addition to and not concurrent with any former sentence passed on the same offender, who shall be detained until he shall have served the full term and time of all such sentences, and so on as often as he shall be convicted, and shall also be liable during such detention to be dealt with in all respects as a convict. 22. And be it enacted that it shall be lawful for the said Governor grant tickets-of- to authorise the issue of a 'ticket-of-leave' or written permission by the Comptroller-General to any convict to employ himself within the said Colony for his own benefit, subject to the due observance by such convict of all such rules and regulations as are next hereinafter mentioned. Rules and regu ing tickets-of 23. And be it enacted that it shall be lawful for the said Governor, lations for hold with the advice of the Executive Council of the said Colony, from time to time to make and publish by notice in the Government Gazette,' and from time to time to rescind and alter by like notice rules and regulapealed by 24 Vic., tions, not being repugnant to any enactment herein contained as to leave Virtually re No. 1, s. 5 Convicts time and place of muster, district of residence, change of district, and generally for securing a due supervision of and over the holders of such tickets-of-leave' as aforesaid. 24. And be it enacted that all summary remedies provided under the authority of any local Ordinance of this Colony for the recovery of wages or damages, or for securing any civil rights therein, shall extend and be applied to all cases in which any holders of such tickets as aforesaid shall be concerned. leave 25. And be it enacted that it shall be lawful for the said Governor Governor may to revoke any such 'ticket-of-leave' on account of any conviction of revoke tickets-ofthe holder thereof duly reported to him as hereinafter provided, or for any such immoral or disorderly conduct as, though not amounting to an offence cognizable under the summary jurisdiction herein before established, may yet seem to justify or require such a measure of severity. of a revoked ticket is to be 26. And be it enacted that on such revocation of any ticket as How the holder aforesaid, notice thereof shall be published in the 'Government Gazette'; and in case the offender whose ticket shall be so revoked shall not at dealt with the time of such revocation be in custody in execution of any sentence of any competent Court or authority, it shall be lawful for the Colonial Secretary, or the Comptroller-General, to issue a warrant or warrants for the apprehension of such offender as a transported convict illegally at large, and for the conveyance of such offender to such gaol, road gang or public work, as shall be appointed by the Governor in that behalf, there to be kept to hard labour for the then unexpired residue of his sentence of transportation; but in case such offender shall at the time of such revocation, be in custody in execution of any such sentence as aforesaid, then it shall be lawful for the Colonial Secretary or the Comptroller-General to issue a detainer against such offender, and to lodge or cause the same to be lodged, with the Gaoler or Superintendent, or other person in whose charge and custody such offender shall then be, and by virtue of such detainer such offender shall be liable to be kept to hard labour in like manner and for the like term as under any such warrant, in addition to and independently of the sentence in execution whereof such offender shall be in custody at the time of issuing such detainer. 27. And be it enacted, that after any such revocation of ticket as aforesaid, it shall be lawful for the said Governor to grant to any such offender as aforesaid, a fresh ticket, on any grounds which shall seem to him meet and sufficient to warrant the same. 28. And be it enacted, that no license to keep a public house or to retail spirituous or fermented liquors shall be issued to any convict holding a ticket-of-leave; and if any such license shall at any time, either by inadvertence or otherwise, be issued to any such offender, such license shall be utterly null and void so far as regards the holder of such license. 29. And be it enacted, that it shall not be lawful for any convict, whether holding a ticket-of-leave or not, to carry or possess firearms, without the previous written permission of the Colonial Secretary, or of the Comptroller-General, or of a Justice of the Peace of the district in which such offender may lawfully reside, and every such permission M Governor may grant fresh ticket No license to keep public issued to ticket house is to be of-leave holders No convict to carry or possess permission firearms without Holder of ticket of-leave violating and regulations any of the rules Punishment Limitation of proceedings; recovery and appropriation of penalties Right of appeal in certain cases Limitation of actions, &c. Convicts shall remain in force for any period therein mentioned, not exceeding three calendar months; and any Justice of the Peace granting any such license shall report the same, together with the place, duration, and occasion thereof, to the Colonial Secretary, by the first opportunity, by post or otherwise; and any offender found with firearms in his possession contrary to this Ordinance shall be deemed to be guilty of a misdemeanour, and being thereof summarily convicted before any one or more Justice or Justices of the Peace, shall be kept to hard labour, in or without irons, on the roads or any public works for any time not exceeding twelve calendar months. 30. And be it enacted, that any convict holding a ticket-of-leave who shall knowingly violate any of the rules and regulations made and issued by the authority of the Governor as aforesaid, for the time being in force relative to holders of tickets-of-leave,' shall be deemed to be guilty of a misdeameanour, and being thereof summarily convicted, before any one or more Justice or Justices of the Peace, shall be committed by the warrant of such Justice or Justices to the nearest penal settlement or place of confinement for convicts, and shall thenceforth be subject to the ordinary discipline of convicts in the service of the Crown for the then unexpired residue of his sentence or sentences or order or orders of transportation. 31. And be it enacted, that all informations and proceedings in respect of any such offences against the provisions of this Ordinance, as are hereby made summarily triable before Justices of the Peace, and as are committed by a person not being a convict, shall be commenced within six calendar months after the offences respectively charged shall have been committed, and shall be heard and determined, and the forfeitures and penalties in respect of the same shall be awarded, enforced, and appropriated in a summary manner before any two or more Justices of the Peace, according to the provisions of an Ordinance passed in the 14th year of the reign of Her present Majesty, intituled An Ordinance to facilitate the performance of the duties of Justices of the Peace out of Sessions within the Colony of Western Australia, with respect to summary convictions and orders.' 32. And be it enacted, that in all cases where, on any summary conviction under this Ordinance of any person not being a convict, the sum adjudged to be paid shall exceed five pounds, or the imprisonment adjudged shall exceed one calendar month, any person who shall think himself aggrieved by such conviction, may appeal to the next Court of General or Quarter Sessions which shall be holden not less than twenty days after the day of such conviction, at Perth, in the said Colony, unless such conviction shall take place within one hundred miles of Albany, in the said Colony, in which case any appeal from such conviction shall be to the next Court of General or Quarter Sessions holden not less than ten days after the day of such conviction, at Albany aforesaid. 33. And for the protection of persons acting under this Ordinance, be it enacted that all actions and prosecutions to be commenced against any person for anything done in pursuance of this Ordinance shall be commenced within two calendar months after the fact was committed and not otherwise; and notice in writing of such action and of the cause Convicts thereof, shall be given to the defendant one calendar month at least 34. And be it enacted, that an Ordinance passed in the thirteenth ordinanee re year of the reign of Her present Majesty, intituled An Ordinance to pealed provide for the due Custody and Discipline of Offenders transported to Western Australia, and of certain classes of Offenders sentenced therein to Transportation,' shall be and the same is hereby repealed. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to regulate the Collection of Tolls. [Assented to 2nd December, 1850. W HEREAS certain tolls and dues have been, and may hereafter Preamble be made payable at and by reason of the use of several roads, bridges, causeways, wharfs and jetties in this Colony, and it is expedient to regulate the collection of the same: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that the lessees, farmers or collectors of Tolls demandable at any toll-bar, bridge, road, causeway, wharf or jetty in the Colony aforesaid, shall during the whole time that they shall continue to be such lessees or collectors, put up or cause to be put up and continued in List of tolls to be some conspicuous place, at or near every toll-house respectively, a list put up of all the tolls payable thereat, and if any such lessee or collector shall neglect or refuse to put up and continue such list as aforesaid, or shall Neglect not be in attendance at all times, by day or by night, save at any wharf Exaction Obstruction Delay Abuse Penalty Persons refusing payment may be stopped Limitation of penalties Tolls or jetty, by reason whereof any person or persons shall be delayed, or shall demand and take a greater toll than he shall be authorised by law to do, or shall demand and take toll from any person, who being exempted by law from payment thereof shall claim such exemption, or shall either by neglecting or refusing to open any such toll-bar, or in any other manner, wilfully obstruct, hinder or delay any person so exempted as aforesaid, or shall under colour of his office as collector, extort from any person any sum of money, or thing of any value whatsoever, for or in lieu of payment of toll, or shall hinder or prevent any person or persons from reading the contents of such list of tolls as aforesaid, or upon the legal toll being tendered and paid, shall unnecessarily detain or wilfully obstruct, hinder or delay any passenger or the landing or removal of goods on or from any wharf or jetty, or if any such Collector shall make use of any scurrilous or abusive language to any traveller or passenger, then and in every such case, the said lessee or lessees, collector or collectors, shall forfeit and pay for every such offence a sum not exceeding five pounds. 2. And be it enacted that if any person liable to the payment of toll, shall, after demand, neglect or refuse to pay the same or any part thereof, it shall be lawful for any person authorised to collect the same, to prevent such person or persons from passing until such toll be paid. 3. And be it enacted that all informations and proceedings for information and offences against this Ordinance shall be commenced within three calendar months after the offences thereby respectively charged shall have been committed, and shall be heard and determined and the forfeitures and penalties in respect of the same shall be awarded and enforced and appropriated in a summary manner, before any one or more Justice or Justices of the Peace, according to the provisions of an Ordinance passed in the fourteenth year of the reign of Her present Majesty, intituled An Ordinance to facilitate the performance of the Duties of Justices of the Peace out of Session in the Colony of Western Australia, with regard to Summary Convictions and Orders." CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to regulate the Grazing of Cattle and certain other Stock kept in Towns. WHE [Assented to 2nd December, 1850. HEREAS many persons resident in town sites are in the habit of sending milch cows and other stock to and from pasture through the streets, thoroughfares and other public places of such |