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Cattle and Stock kept in Towns

Person keeping cattle or sheep, the same through

&c., and driving

a town to and from pasture

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 next, any person who shall keep for seven days and
nights consecutively within any town site having a town-trust in opera-
tion 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 con-
fining 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 Penalty
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.

must have a chairman

license from the

2. And be it enacted that every such license shall be in the form Form of license 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 Price of license 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.

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No fresh license for change of

animal

5. And be it enacted that it shall be lawful for any such chairman License for a broken period as aforesaid to grant a license or permission as aforesaid for any broken period of a year, on payment of a proportionate amount for the same, provided that such amount be in no case less than one half the full amount payable for the entire year.

fines

6. And be it further enacted, that all fines and penalties recovered Application of 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 Limitation of respect of offences against this Ordinance shall be commenced within proceedings 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

Application of

fees for licenses

Proof of license

Cattle and Stock kept in Town's

Sessions in the Colony of Western Australia with respect to summary convictions and orders.'

8. And be it enacted, that all sums received by the chairman of any town-trust for licenses or on account of penalties under this Ordinance shall be by such chairman applied to the improvement of such town.

9. And be it enacted, that in any question touching the same it shall be incumbent on the party accused to prove that he or she has duly obtained a license under this Ordinance.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE

I certify that A.B. is hereby licensed to keep (here certify the stock to be kept) during the year ending 31st December, 18 for which he paid the sum of Dated,

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WHE

[Assented to 2nd December, 1850.

HEREAS Thomas Frederick Gilman has applied to be admitted to the Rights and Privileges of a British Subject, and whereas it is expedient to comply with the said Application; 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:

1. That the said Thomas Frederick Gilman be, and he hereby is naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject within the Limits of the Colony of Western Australia save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein.

2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor for the Time being by Proclamation or other public Notice.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

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An Ordinance for the Disposal of Balances of Estates of Deceased Persons remaining unclaimed in the hands of the Public Administrator.

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[Assented to 2nd December, 1850.

HEREAS it is expedient that all unclaimed balances of moneys belonging to the estates of persons, whether dying intestate or otherwise, heretofore collected and received, or which may hereafter be collected and received by the Registrar Clerk of the Civil Court, or any other person or persons under the direction of the said Court, be paid over to the Colonial Treasurer, under certain restrictions, for the public uses of this Colony, and in support of the Government 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 in every case in which letters of administration shall have been committed to the Registrar Clerk of the Civil Court, when and so often as it shall happen that any undisposed residue of the estate of any person, whether dying intestate or not, shall have remained or shall hereafter remain unclaimed in the hands of such Registrar Clerk for the space of three years from the date of such letters of administration, it shall be lawful for the said Registrar Clerk, and he is hereby required to pay over every such sum into the hands of the Colonial Treasurer, who is hereby required to make a memorandum or entry thereof in a book to be kept for that purpose, specifying the name of the intestate or testator (as the case may be) and the amount of the residue of the estate so handed over to such Treasurer.

2. And be it enacted that when and so often as any of the said sums so handed over shall remain unclaimed in the hands of the Colonial Treasurer for the space of three years, then it shall be lawful for the Governor, by any warrant made by him for that purpose, to apply the same to the public uses of the Colony and the support of the Government thereof, subject nevertheless to the order hereinafter mentioned.

3. And be it enacted that it shall be lawful at all times for the Commissioner of the Civil Court, either by way of summary proceeding or otherwise, on motion or petition made or presented by or on behalf of any person claiming the residue, or any part of the residue of any estate so handed over, to make an order for the payment thereof, by the Colonial Treasurer to the party entitled to receive the same, and it

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order for payment to party

claiming

How obtained and enforced

Intestates' Estates Balances

shall be lawful for the Governor, on the production of such order and deposit of the same with the Colonial Secretary, to issue his warrant to the said Treasurer for payment of the sum mentioned to the party entitled under such order to receive the same.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

Preamble

This Act ope

rates only as
regards Towns
not being Muni-
cipalities
(34 Vic., No. 6)

Repeal of 4 & 5
Vic., No. 18.
8 Vic., No. 2.

10 Vic., No. 10

Property and management of streets, &c.,

vested in Trustees

Who are to be
Trustees

WESTERN AUSTRALIA

ANNO QUARTODECIMO

VICTORIÆ REGINE

No. 15

An Ordinance to provide for the Improvement of Towns in Western Australia.

[Assented to 4th December, 1850.

WHEREAS is expedprovements of towns in Western Australia,

HEREAS it is expedient to repeal various Colonial enactments

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in order that the provisions contained therein may be amended and consolidated into this Ordinance;-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 an Ordinance passed in the fourth and fifth years of the present reign, intituled 'An Act to provide for the improvement of Towns in the Colony of Western Australia,' and an Ordinance, passed in the eighth year of the present reign, intituled An Act to enable certain ratepayers in Towns to vote and act as Trustees of such Towns, and to qualify the right of Town Trustees to vote,' and an Ordinance, passed in the tenth year of the present reign, intituled 'An Ordinance to amend an Act intituled "An Act to provide for the Improvement of Towns in the Colony of Western Australia,' "be and the same are hereby repealed, except as far as any of the said Ordinances repeal the whole or any part of any other Ordinance, and except so far as relates to any act, matter, or thing, heretofore done under the provisions of any of the said Ordinances, or to any penalty or forfeiture which shall have been incurred under any of the said Ordinances.

2. And be it enacted, that from and after the passing of this Ordinance, the right of property in all streets, paths, and other thoroughfares within the limits of any townsite, and in all funds in any way arising therefrom or applicable thereto, together with the management, control, superintendence, and charge of the same, shall be vested in the Trustees of such Town.

3. And be it enacted, that such Trustees shall consist of all Justices of the Peace residing within the limits of each Townsite respectively, and all proprietors of allotments or portions of allotments held in fee simple therein, or by a tenure not shorter than for one whole year. Provided always that no such person shall be deemed qualified to vote

Improvement of Towns

and act as such Trustee until he shall have made a declaration to the following effect--that is to say, 'I, A.B., do hereby declare that I am duly qualified to act as a Trustee under an Ordinance passed in the fourteenth year of the reign of Queen Victoria, intituled "An Ordinance to provide for the Improvement of Towns in Western Australia," and that I will faithfully, impartially, and honestly exercise the powers and trusts reposed in me as a Trustee by virtue of the said Ordinance, to the best of my knowledge and ability, for the purposes in the said Ordinance mentioned;' and a form of this declaration shall be entered in a book and signed by each Trustee Provided further that the proprietor or tenant of a portion of an allotment shall not be entitled to vote as aforesaid unless he shall have paid to the Chairman, for the benefit of the general Trust fund, a sum equal to the rate charged on the entirety of such allotment on or at the assessment last preceding the meeting at which such last mentioned Proprietor or Tenant shall demand to vote.

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vote

4. And be it enacted, that no Trustee of any such Town as afore- Qualification to said shall be entitled to vote at any Meeting of such Trustees unless he shall, if required by the Chairman or acting Chairman of the Trust to do so, produce a receipt of an authorised Collector of Rates for the said town, or other evidence to the satisfaction of such Chairman or acting Chairman, of the payment of all assessments theretofore charged upon such Trustee as the owner or occupier of any land within such Town; and all proxies appointed in writing by Trustees residing at a distance Proxies of not less than twenty miles from the Town, and all duly authorised agents for persons not residing in the Colony, but qualified by property to be Trustees for such Town, shall be entitled to vote for their principals, subject to the same condition as above mentioned.

5. And be it enacted, that the said Trustees shall have power to divide the streets and other lines of communication into districts, for the purposes of this Ordinance, and to name directors and committees of their numbers for the more immediate direction and management, and to give such directors and committee such powers and such instructions as they shall from time to time think fit and expedient.

Trustees to divide streets

into districts

6. And be it enacted, that the said Trustees shall hold four General Trustees to hold General Meeting Meetings within each year, namely, on the first Monday in January, the first Monday in April, the first Monday in July, and the first Monday in October; and also Special Meetings, upon the requisition of any three or more members of their body, provided that due notice of such Special Meeting shall previously have been given either by publication in two successive Gazettes,' or by such other sufficient means as the circumstances of the case will admit of..

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officers

7. And be it enacted, that at the General Meeting of the said Appointment of Trustees which shall take place in January in each year, the following officers shall be appointed by ballot, namely, a Chairman and a Committee of five from the body of the Trustees; also Treasurers, Clerks, Surveyors, or other requisite officers, except the Collector, who shall and may be appointed at any time by the Chairman, and such Collector may at any time be suspended or removed from his office on proof to the satisfaction of such Chairman and Committee, that he has not duly and diligently discharged the duties of his office as such Collector as aforesaid:

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