Justices of the Peace, &c. C FORM OF CONVICTION UPON A Plea of GUILTY Western Australia, To Wit. Be it remembered that on the our Lord at before us, the undersigned day of in the year of in the said Colony, A.B., being charged for the space of C. D., J.P. (L.S.) E. F., J.P. (L.S.) WESTERN AUSTRALIA ANNO VICESIMO VICTORIÆ REGINA No. 7 An Ordinance for adopting and applying an Act of Parliament, intituled An Act to amend the Law relating to Bills of Lading,' in the administration of justice in the Colony of Western Australia. [Assented to 16th October, 1856. HEREAS a certain Act of the Parliament of the United Kingdom was passed in the year of our Lord one thousand eight hundred and fifty-five, intituled An Act to amend the Law relating to Bills of Lading,' and whereas it is expedient to adopt and apply the said Act in the Colony of Western Australia: 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 said Act, each and every clause, provision and enactment therein respectively contained, shall be and the same are and is hereby adopted and directed to be applied in the administration of Justice in the said Colony. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. 18 & 19 Vic., c. 9 ACT REFERRED TO IN THE FOREGOING ORDINANCE AN ACT TO AMEND THE LAW RELATING TO BILLS OF LADING WHEREAS, by the custom of merchants, a Bill of Lading of goods being transferable by endorsement, the property in the goods may thereby pass to the endorsee, but nevertheless all rights in respect of the contract contained in the Bill of Bills of Lading Lading continue in the original shipper or owner, and it is expedient that such 2. Nothing herein contained shall prejudice or affect any right of stoppage in transitu, or any right to claim freight against the original shipper or owner, or any liability of the consignee or endorsee by reason or in consequence of his being such consignee or endorsee, or of his receipt of the goods by reason or in consequence of such consignment or endorsement. 3. Every Bill of Lading in the hands of a consignee or endorsee for valuable consideration representing goods to have been shipped on board a vessel shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the Bill of Lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper, or of the holder, or some person under whom the holder claims. Rights under bills of lading to vest in consignee or endorsee Not to affect right of stoppage claims for freight in transitu or Bill of lading in hands of conclusive evidence signee, &c., conof the shipment as against master, &c. Proviso An Ordinance to make additional Provisions for Convict Discipline in Western Australia. WE [Assented to 22nd June, 1857. HEREAS it has been found necessary to make additional Preamble regulations for convict discipline in Western Australia, as well on road parties and in depot as inside prisons; also to declare more fully the duties of officers connected therewith: Be it 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. [Repealed by 43 Vic., No. 4.] 2. That any person employed in, attached to or connected with any prison, convict establishment, or depot or road or working party, in whose possession shall be found any letter or document addressed Clandestine presents of articles of food, of luxury, or tools, and laying any such in the way of convicts, prohibited Servant or hired labourer or officer not to possess letters to or from convicts unsigned by officer Nor to deliver to Conniving officer Convicts to or purporting to be written by or on behalf of any convict then under the control and in the custody of the Government, the said letter not being duly superscribed by a Superintendent, shall, on conviction thereof in a summary manner before any one or more Justice or Justices of the Peace, forfeit and pay a sum not exceeding five pounds, and in default of payment thereof, shall be imprisoned, with or without hard labour, for any term not exceeding one month. 3. That any person who shall deliver or attempt to deliver to, or who shall receive from any convict in prison, in depot or on a road or working party, any letter or paper not duly superscribed by a Superintendent, shall, on conviction thereof in a summary manner before any one or more Justice or Justices of the Peace, forfeit and pay a sum not exceeding five pounds, and in default of payment thereof shall be imprisoned, with or without hard labour, for any term not exceeding one month. 4. That any officer or other person in any way connected with any prison, depot or road or working party, who shall aid in or connive at the breach of any enactment herein contained or in the Ordinances No. 6, 1850, and No. 18, 1858, respectively, or of any rule or prison regulation duly established by the Governor, shall, on conviction thereof in a summary way before any two or more Justices of the Peace, forfeit and pay a sum not exceeding fifty pounds, and in default of payment thereof, or at the discretion of the convicting Justices in the first instance without the previous imposition of any fine, shall be imprisoned, with or without hard labour, for any term not exceeding twelve months. 5. That this Ordinance and No. 18, 16th Victoria, 1858, and No. 6, 14th Victoria, 1850, shall be taken and construed together as one Ordinance to all intents and purposes. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. Preamble WESTERN AUSTRALIA ANNO VICESIMO PRIMO VICTORIÆ REGINÆ No. 4 An Ordinance for narrowing Essex Street, in the Town of WH [Assented to 22nd June, 1857. HEREAS the Government has erected buildings on certain leasehold premises in the Town of Fremantle recently occupied as a temporary convict establishment, and such buildings have Streets encroached on the town property in Essex-street, as also upon public lands towards the south-west, and it is expedient to fix and establish new and extended boundaries to certain allotments of land in the said town upon which the said buildings have been erected: Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof: to possess 1. That from and after the passing of this Ordinance all right of Town Trust cease property which may have at any time been vested by Ordinance or otherwise in the trustees of the said town in that section of the said Essex-street comprised within a width of ten links of a chain on its north-western side, shall absolutely cease and determine, and the breadth of the said street shall henceforth be diminished by the said quantity of ten links off its north-western side, the whole of which width of ten links shall be divided amongst and be added to the adjacent allotments in portions according to the Schedule A hereto annexed. 2. And whereas it is expedient to extend certain of the allotments S.W.extension in the said town farther to the south-westward in order to include within their respective boundaries certain of the buildings aforesaid : Be it enacted that the several allotments mentioned in the Schedule B hereunto annexed shall be, and the same hereby are, enlarged on their south-western sides by the quantities therein set forth against each allotment respectively. Book to contain description 3. That in the permanent Record Book of the Survey Office for Survey Record the Town of Fremantle the Surveyor-General shall cause to be entered and recorded a full and sufficient description of each and all of the allotments enumerated in the said Schedules A and B according to the additional quantities of land therein set forth for each allotment respectively, and every such description shall be signed by him and be countersigned by the Governor in Executive Council. 4. That all boundaries of allotments so entered and signed as aforesaid shall be deemed and taken to be the true boundaries of such allotments respectively, all former descriptions thereof in any title deed or otherwise notwithstanding; and such Record Book, or a certified copy, to be made and issued on demand without fee of any entry in such book, signed by the Surveyor-General, shall and may be taken in evidence of the boundaries of such allotments in any suit or cause affecting the same. 5. That the Schedules A and B hereinbefore referred to shall be deemed and taken to be part of this Ordinance. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. Certified copy thereof to be evidence Preamble Grant in name of An Ordinance to give Legal Operation to Land Grants made to Deceased Persons. [Assented to 22nd June, 1857. WHEREAS persons have at various times contracted with the proper authorities for the purchase of Crown lands in Western Australia, and have died before the execution of any grant of the same, and other similar cases may occur, and it is expedient to authorise in any such case the execution of a grant of any such land to the deceased contractor for the same as grantee 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, as follows, viz. : 1. In every case in which the purchaser of any land shall have died, or shall hereafter die, in the interval between entering into a contract with the proper authorities for the purchase of Crown land in Western Australia and the completion of such contract, a grant of such land to such deceased purchaser as grantee thereof shall have the effect of vesting the land thereby expressed to be granted or conveyed |