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Penalty for default

False swearing punished as perjury

Penalties; how recovered

Banks and Banking Companies

company, or person or persons so carrying on banking business, and
making such return ; which oath shall be taken before any Justice of
the Peace, and which oath any Justice of the Peace is hereby authorised
to administer; and if any company or persons so carrying on banking
business shall neglect to keep such accounts, or to make out such
returns, or deliver all or any of such accounts as are required by any
of the sections of this Act, or if any person verifying such account
shall return or deliver any false account, the company or person or
persons to whom such accounts belong shall forfeit, for every such
offence, the sum of one hundred pounds; and any person who shall
knowingly and wilfully take any false oath as to any such account
shall be subject to such punishment and penalties as are by any law in
force at the time of taking such oath enacted as to persons convicted of
wilful and corrupt perjury.
14. And be it further enacted, that all pecuniary penalties and
forfeitures imposed by this Act shall and may be sued for and re-
covered in the Civil Court of Western Australia, and shall be reserved
to the use of His Majesty, his heirs and successors.

JAMES STIRLING,
GovKRNOR AND CoMMANDER-IN-CHIEF.

SCHEDULES REFERRED TO BY THIS ACT

SCHEDULE A

Return or account to be entered at the office of the Colonial Secretary of the
said Colony, in pursuance of an Act passed in the eighth year of the reign of King
William IV., intituled “An Act to regulate the Establishment of Banking Com-
panies in the Colony of Western Australia, and to enable the Proprietors of such
Companies to sue and be sued in the name of any one of their public officers, viz.:
Firm or name of the banking company, viz. –(set forth the firm or mame).
Names and places of abode of all the partners concerned or engaged in such
company, viz. –(set forth the names and places of abode).
Names and places of the bank or banks established by such companies,
viz.-(set forth all the names and places).
Names and descriptions of the public officers of the said banking company,
viz. –(set forth all the names and descriptions).
Names of the several towns and places where the bills or notes of the said
banking company are to be issued by the said company, or their agent
or agents, viz. –(set forth the names of the towns and places).
A. B., of , secretary (or other officer, describing the office) of the above
company, maketh oath and saith, that the above doth contain the name, style, and
firm of the above company, and the names and places of the abode of the several
members thereof, and of the banks established by the said company, and the
names, titles, and descriptions of the public officer of the said company, and the
names of the towns and places where the notes of the said company are to be
issued, as the same respectively appear in the books of the said company, and to
the best of the information, knowledge, and belief of this deponent.
Sworn before me this day of *
at , in the said Colony.
C.D., Justice of the Peace.

SCHEDULE B

Return or account to be entered at the office of the Colonial Secretary of the said Colony on behalf of (name the company), in pursuance of an Act passed in the

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Banks and Banking Companies

eighth year of the reign of King William IV., intituled (insert the title of this Act), WIZ. :Names of any and every new or additional public officer of the said company, viz. A.B. in the room of C.D., deceased or removed (as the case may be—set forth the names). Names of any and every person who may have ceased to be a member of such company, viz. –(set forth every name). Names of any and every person who may have become a new member of such company—(set forth every name). Names of any additional towns or places where bills or notes are to be issued, and where the same are to be made payable. A.B., of , secretary (or other officer of the above-named company), maketh oath and saith, that the above doth contain the name and place of abode of any and every person who hath become or been appointed a public officer of the above company, and also the name and place of abode of any and every person who hath ceased to be a member of the said company, and of any and every person who hath become a member of the said company since the registry of the said company, on the day of last, as the same respectively appear on the books of the said company, and to the best of the information, knowledge, and belief of this deponent. Sworn before me the day of o at , in the said Colony, C.D., Justice of the Peace.

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Who certain Acts of the Parliament of the United Kingdom were passed in the first year of the reign of Her present Majesty Queen Victoria, intituled respectively, 1. An Act for the amendment of the Laws with respect to Wills. * 2. An Act to abolish the punishment of Death in cases of Forgery. (Partly repealed by 29 Vic, No. 5.) * 8. An Act to amend the Laws relating to Offences against the Person. *4. An Act to amend the Laws relating to Burglary and stealing in a Dwelling-house. * 5. An Act to amend the Laws relating to Robbery and stealing from the Person. * 6. An Act to amend certain Acts relating to the crime of Piracy.

Preamble

1 Wic. c. 26 1 Wic. c. 84

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Adoption of Imperial Acts

* 7. An Act to amend the Laws relating to burning or destroying
Buildings and Ships.
* 8. An Act to amend the Law relative to Offences punishable by
Transportation. (Partly repealed by 29 Vic., No. 5.)
9. An Act for abolishing the punishment of Death in certain cases.

And whereas it is expedient to adopt and apply the said recited Acts of Parliament in the Colony of Western Australia: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that the said recited Acts of Parliament, and 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 immediately in the administration of justice, save and except the ‘Act for the Amendment of the Laws with respect to Wills,” which said Act shall not be considered to commence and take effect in this Colony until the expiration of three months from the date of the passing of this Act.

JOHN HUTT, GovERNOR AND CoMMANDER-IN-CHIEF.

Acts marked thus * are repealed either in whole or in portion by 24 & 25 Vic., cap. 95 (Imp.) q.v. That repeal is adopted in this Colony with qualifications by 29 Vic.., No. 5, q.v.

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An Act to restrict to a certain extent the Amount of each Bill or Note respectively to be issued under the provisions of an Act intituled “An Act to regulate the establishment of Banking Companies in the Colony of Western Australia; and to enable the Proprietors of such Companies to sue and be sued in the name of any of their Public Officers, and to repeal a certain Act heretofore passed for a similar purpose.

[Assented to 2nd July, 1840.

HEREAS by the first part of the first section of an Act passed in the eighth year of the reign of his late Majesty King William IV., No. 1, intituled ‘An Act to regulate the establishment of Banking Companies in the Colony of Western Australia, and to enable the Proprietors of such Companies to sue and be sued in the name of any one of their public officers,’ it is enacted that it shall be lawful for any number of persons united in co-partnership to carry on the trade and business of bankers in Western Australia, and to make Banks and Banking Companies

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and issue their bills or motes payable on demand or otherwise; and whereas it has been deemed expedient to regulate to a certain extent

the value or amount of each bill or note respectively, by providing that.

the bills or notes so to be issued shall be for any integral number of pounds, but not for any fractional part or parts of a pound.

1. Be it therefore enacted by His Excellency the Governor of the Colony of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that it shall not be lawful for any co-partnership or company to make or issue any bill or note payable on demand or otherwise, either for any less amount than one pound sterling, or for any larger amount which expresses any fractional part or parts of a pound sterling.

2. And be it further enacted that the Act passed in the second year of the reign of Her Majesty, No. 9, intituled “An Act to amend an Act intituled an Act to regulate the Establishment of Banking Companies in the Colony of Western Australia, and to enable the Proprietors of such Companies to sue and be sued in the name of any one of their public officers,” shall be and the same is hereby declared to be repealed.

JOHN HUTT,
GoverNOR AND CoMMANDER-IN-CHIEF.

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Religious Bodies (Church Property)

chapel and minister's dwelling in the manner aforesaid, trustees, not less than five in number, shall be nominated by the congregation or

body for whose use such building may be intended for the approval of

the Governor and Executive Council ; and that the trust deed or deed of settlement shall at the same time be exhibited to the Governor and Executive Council; and that the real estate in the site of such church or chapel and minister's dwelling, and of any lands or hereditaments thereunto belonging, shall be conveyed to the said trustees when approved, and shall be vested in the trustees for the time being upon trust for the erection, maintenance and repair of such church or chapel and minister's dwelling, and for the provision out of the revenues belonging to or arising from the use of the said church or chapel, in such manner as shall be lawfully appointed, of all things necessary for the celebration of Divine Worship therein, and to whom shall be issued, under such regulations for the due appropriation and application thereof as hereinbefore mentioned, all such sums of money as by the provisions of this Act are authorised to be issued in aid of the erection of any church or chapel and minister's dwelling.

8. And be it further enacted that upon the death, resignation or absence from the Colony of any of the trustees so nominated and approved as aforesaid, the vacancy shall beforthwith filled up according to the provisions of the said trust deed, but if no provision shall have been made in the said trust deed for filling up such vacancies, then it shall be lawful for the remaining trustees to elect some fit and proper person, subject to approval as aforesaid, to fill up the vacancy so created ; and they are hereby required to complete the said election within three months from the period of such vacancy being made known, and within a reasonable time after the completion of the said election to publish the name of the trustee so elected in the ‘Government Gazette' of the Colony for the information and guidance of all persons whom it may concern: Provided that nothing herein contained shall prevent the appointment of any greater number of trustees by the congregation or body aforesaid on any future occasion upon the names of such additional trustees being submitted for approval as hereinbefore directed.

9. And be it enacted that it shall be lawful for any trustees appointed by virtue of this Act to accept and take from any person willing to give the same any lands or hereditaments adapted for the site of a church or chapel or minister's dwelling, with a garden and other appurtenances thereunto, or any lands or hereditaments adapted for the purposes of a burial ground.

10. And be it further enacted that as soon as conveniently may be after the completion of any church or chapel under the provisions of this Act, pews, sittings or benches in every such church or chapel, to be marked with the words “free seats,’ amounting to not less than one-sixth part of the whole of the sittings in every such church or chapel, shall also be appropriated and set apart for the use of poor persons resorting thereto, upon which pews, sittings, or benches, so to be appropriated, no rent whatever shall at any time be charged or imposed.

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