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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.
25. And be it enacted that it shall be lawful for the said Governor to revoke any such ‘ticket-of-leave on account of any conviction of the 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 hereinbefore established, may yet seem to justify or require such a measure of Severity.
26. And be it enacted that on such revocation of any ticket as aforesaid, notice thereof shall be published in the ‘Government Gazette’; and in case the offender whose ticket shall be so revoked shall not at 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
WOL. I. M
Holder of ticketof-leave violating any of the rules and regulations
Limitation of proceedings; recovery and appropriation of penalties
Right of appeal in certain cases
Limitation of actions, &c.
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
thereof, shall be given to the defendant one calendar month at least before the commencement of the action ; and in any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon ; and no ; : . plaintiff shall recover in any such action if tender of sufficient amends - shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant, together with the cost up to that time; and if a verdict shall pass for the defendant or the plaintiff become nonsuit or discontinue his action, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases, and though a verdict shall be given for the plaintiff in any such action such plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be, shall certify his approbation of the action and
of the verdict obtained thereupon.
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 " 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.
HEREAS certain tolls and dues have been, and may hereafter Preamble
bridges, causeways, wharfs and jetties in this Colony, and it is expedi-
not be in attendance at all times, by day or by night, save at any wharf
Persons refusing payment may be stopped
Limitation of information and penalties
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 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.
Cattle and Stock kept in Towns
towns, thereby occasioning damage to the footpaths and roadways formed and maintained at the general expense of the inhabitants thereof: 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 from and after the first day of January mext, any person who shall keep for seven days and nights consecutively within any town site having a town-trust in operation under any Ordinance constituting a trust for the improvement of such town, any cow, calf or other head of horned stock, or any number of sheep, lambs, goats or kids, amounting to a score or upwards, by confining the same at night in any yard or other enclosed place, and by driving or cause to be driven the same in the day time to and from pasture through any of the streets, thoroughfares or other public places of any of such towns as aforesaid without a written license or permission for that purpose first had and obtained from and under the signature of the chairman of such town-trust, shall, on conviction thereof, forfeit and pay for every such offence any sum not exceeding One pound.
2. And be it enacted that every such license shall be in the form in the Schedule appended hereto, and shall be in force from the date thereof up to the thirty-first day of December then next following.
3. And be it enacted that it shall be lawful for the chairman granting any such license to demand for the same the sum of five shillings for every head of cattle of or above twelve months old, which shall thereby be permitted to be kept, and half the said amount for every head above three months old and under twelve months, and the sum of five shillings for any number of sheep, lambs, goats or kids amounting to a score or upwards.
4. And be it enacted that no additional or fresh license or permission shall be required merely on account of the change of any individual animal, provided the total number kept be not greater at any time than the number mentioned in the said certificate of permission.
5. And be it enacted that it shall be lawful for any such chairman as aforesaid to grant a license or permission as aforesaid for any broken period of a year, on payment of a proportionate almount for the same, provided that such amount be in no case less than one half the full amount payable for the entire year.
6. And be it further enacted, that all fines and penalties recovered under this Ordinance shall be paid and applied as follows, that is to say, one half thereof to the party or parties informing, and the other half thereof to the chairman of the trust of the town where the offence was committed, for the purposes hereinafter mentioned.
7. And be it enacted, that all informations and proceedings in respect of offences against this Ordinance shall be commenced within one calendar month next after the offences thereby respectively charged shall have been committed, and shall be heard and determined, and the penalties and forfeitures in respect of the same shall be enforced in a summary manner by 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
Person keeping cattle or sheep, &c., and driving the same through a town to and from pasture must have a license from the chairman
Form of license
Price of license
No fresh license for change of animal
License for a broken period
Application of fines
Limitation of proceedings