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Application of fees for licenses
Proof of license
Cattle and Stock kept in Towns
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.
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 motified by the Governor for the Time being by Proclamation or other public Notice. CHARLES FITZGERALD, GoverNor AND CoMMANDER-IN-CHIEF.
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, them 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 an 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
Order for payment to party claiming
Intestates' Estates Balances
shall be lawful for the Governor, on the production of such order and
HEREAS it is expedient to repeal various Colonial enactments relative to the improvements of towns in Western Australia, 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 fifh 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.
4. And be it enacted, that no Trustee of any such Town as aforeSaid 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 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.
6. And be it enacted, that the said Trustees shall hold four General 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..
7. And be it enacted, that at the General Meeting of the said Trustees which shall take place in January in each year, the following officers shall beappointed 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:
Chairman to report to Governor
Directors to report to ClairIllall
Chairman to lay abstracts before the meeting, and estimates to be drawn up
Chairman to prescribe order, &C.
Clerk to keep minute book, &c.
Improvement of Towns
Provided always, that if at such General Meeting, either from the monattendance of members or from any other unforeseen cause, the election of any of such officers should be made, or being made, should become ineffectual, or if at any time any vacancy by death, resignation or otherwise shall occur in any of the said offices, it shall be lawful for the Chairman or senior member of the Committee to summon a special Meeting for the purpose of appointing such officers, or filling up such vacancies as aforesaid, and further, that no business shall be entered upon at any General or Special Meeting, unless at least seven Trustees are present.
8. And be it enacted, that as soon as may be after the election of such officers or filling up such vacancies, the Chairman shall report the same to the Governor.
9. And be it enacted, that the directors of the several districts shall, at least seven days previous to each General Meeting, deliver to the Chairman reports on the state of several lines and modes of communication in their respective districts; also quarterly accounts of expenditure, accompanied by vouchers, under authority of any Meeting: also an account of the works required to be executed in their several districts, with distinct plans, specifications, and estimates, drawn by the proper surveyor, or otherwise made and prepared in a satisfactory manner; also an estimate of the funds which may be expected to be realised, within their respective districts, from any of the sources hereinafter mentioned and described.
10. And be it enacted, that the Chairman shall lay correct abstracts of all reports, accounts, and estimates, before each General Meeting, and that immediately, after these have been duly read and considered, and in whole or in part approved of by the Meeting, estimates of the probable ways and means for the ensuing quarter shall be drawn up, together with statements of the works, whether general or local, which the Meeting may think fit to undertake, having a due regard to the total amount of funds available for such purposes, and to such a just, wise, and equitable apportionment of those funds as the general interests of the respective Town and the wants of each particular district may be deemed to require.
11. And be it enacted, that the Chairman shall preserve order at the several Meetings, and take the sense thereof, and superintend and be responsible for the proper regulation of business before the Meetings, and regulate the proceedings of the Clerk in the care, custody, and preparation of books, papers, and accounts: Provided always, that in the absence of the Chairman, the senior member of Committee present shall act as Chairman.
12. And be it enacted, that the Clerk shall keep a book or books in which shall be entered minutes of all proceedings and transactions, and an account of receipts and disbursements; and the Chairman at such Meeting shall see the entry of the proceedings thereat duly made, and shall subscribe the same with his own hand, and the names of the Trustees present at every meeting shall be entered; and every book containing such entries or accounts shall at all reasonable times be open to the inspection of the public, and it shall be lawful for any