An Ordinance to naturalize John Perejuan. HEREAS John Perejuan 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 John Perejuan 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. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to amend the Ordinance 19th Victoria, [Assented to 1st October, 1860. WHEREAS tenth year of the reign of Her present Majesty, HEREAS an Ordinance was passed in the session holden in Preamble No. 8, of 1856, to substitute other punishment in lieu of transportation, and it is expedient that such Ordinance should be amended: Be Sections 1 and 2 of recited Ordinance repealed Sentence of transportation abolished, and sentence of penal servitude substituted Recited Ordi- All enactments having reference to transportation to have reference to penal servitude Governor to make rules for colonial convicts Colony Criminal Law (Penal Servitude) 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 That sections one and two of the said Ordinance shall be and the same are hereby repealed. 2. That from and after the commencement of this Ordinance, no person shall be sentenced to transportation; and any person who, if this Ordinance and the said Ordinance had not been passed, might have been sentenced to transportation, shall after the commencement of this Ordinance, be liable to be sentenced to be kept in penal servitude for a term of the same duration as the term of transportation to which such person would have been liable if the said Ordinance and this Ordinance had not been passed, and in every case where at the discretion of the Court, one of any two or more terms of transportation might have been awarded, the Court shall have the like discretion to award one of any two or more of the terms of penal servitude which are hereby authorised to be awarded instead of such terms of transportation: Provided always that any person who might at the discretion of the Court have been sentenced either to transportation for any term, or to any period of imprisonment, shall be liable at the discretion of the Court to be sentenced either to penal servitude for the same term or to the same period of imprisonment; and in any case in which before the passing of the said Ordinances sentences of seven years' transportation might have been passed it shall be lawful for the Court in its discretion to pass a sentence of penal servitude of not less than three years. 3. That the said recited Ordinance of the nineteenth year of Her Majesty, No. 8, of 1856 (with the exception of the sections thereof hereby repealed), and this Ordinance, shall be read and construed together as one Ordinance. 4. That where in any Enactment now in force the expression 'any crime punishable with transportation,' or 'any crime punishable by law with transportation,' or any expression of the like import, is used, the Enactment shall be construed and take effect as applicable also to any crime punishable with penal servitude. 5. That it shall be lawful for the Governor with the advice of the Executive Council to make and publish and from time to time to sentenced in the rescind or vary rules and regulations for the government of any and every penal settlement or place of confinement in this Colony and for the general management, treatment, control, employment, safe custody, probation, issue of tickets-of-leave respectively of or in anywise relating to offenders under sentences of transportation and penal servitude passed in this Colony, and for declaring the nature of and privileges incident to such tickets-of-leave granted to such offenders, and generally for securing a due supervision over the holders of such tickets-of-leave as aforesaid. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to explain and extend an Ordinance, intituled 'An Act for the Quieting of Titles to Lands in this Colony by declaring valid certain Instruments and Transactions affecting the same.' WE [Assented to 5th October, 1860. HEREAS it is expedient to extend and explain the operation of Preamble the Ordinance of the 7th year of the reign of Victoria, No. 9 of 1844: 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 first, second and fifth sections of the said recited Ordinance shall respectively be read and applied as if the words 'on or before the first day of January, one thousand eight hundred and sixtyone,' had been inserted therein respectively, instead of the words ' on or before the first day of January next.' 2. That the third section of the said recited Ordinance shall be read and applied as if the words' and the several Ordinances of Council 7th of Victoria, No. 10 of 1843, 18th of Victoria, No. 8 of 1855, and 19th of Victoria, No. 14 of 1856,' had been added thereto at the end thereof. 3. And whereas doubts exist as to the operation of the fourth section of the said recited Ordinance, No. 9 of 1843: Be it enacted that such last recited section shall extend and apply to all mortgages of lands whatsoever, whether the same may purport to be drawn or prepared in pursuance of the Ordinance of the second William the Fourth, intituled An Act to facilitate and simplify the Transfer of Real Property,' or as a mortgage in fee or by demise or otherwise howsoever. A. E. KENNEDY, Sections 1, 2 and 5 of No. 9 of 1843 made to extend to 1st January, 1861 Section 3 to be read as if certain been mentionca Ordinances had therein Section 9 to include all kinds of mortgages of land N.B.-Any provisions or portions of the above Acts which are inconsistent with The Transfer of Land Act, 1874,' are repealed by the 1st section of that Act, q.v. Preamble No person to carry on the business of a pawnbroker without a license Who shall be deemed a pawnbroker Manner of obtaining license, and what shall be paid for the same Applicants to be heard in open Court Clerk of Petty ANNO VICESIMO QUARTO VICTORIÆ REGINE No. 7 An Ordinance for regulating the Trade or Business of W [Assented to 28th November, 1860. THEREAS it is necessary and expedient to regulate the trade of Pawnbrokers 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 : 1. That from and after the first day of January now next ensuing it shall not be lawful for any person to carry on the trade or business of a pawnbroker in the said Colony without having obtained a license to carry on such trade or business in manner and form as hereinafter directed. 2. That every person who shall carry on business or shall seek his livelihood in or by advancing upon interest or for or in expectation of profit, gain or reward any sum of money upon security (whether collateral or otherwise) of any article whatsoever taken by such person by way of pawn, pledge or security, shall be deemed and taken to be a pawnbroker, and be deemed and taken to have carried on the trade or business of a pawnbroker within the intent and meaning of this Ordinance. 3. That any person wishing to obtain such license shall deliver to the Clerk of the Bench of Magistrates of the district in which such person intends to reside or carry on business an application in the form in the Schedule to this Ordinance annexed marked A, recommended by five householders residing in the district in which such applicant may reside; and it shall be lawful for the Justices at any Petty Sessions next after ten days from the delivery of such notice, if they shall be satisfied with the character of the person so applying, to grant a license to such person under their hands in the form in the Schedule to this Ordinance annexed marked B, which license shall be in force until the thirty-first day of December next after the date thereof, and shall be delivered to the person so applying for it on payment of ten pounds to be paid to the Colonial Treasurer for the public uses of the said Colony. 4. That the matter of all such applications shall be determined in open Court. 5. That the Clerk of the Bench of Magistrates shall keep an Sessions to keep alphabetical record of the names of all persons to whom any such license shall be granted, and such names shall be returned by the Magistrates to the Colonial Secretary for publication in the Government Gazette.' a record all licenses Pawnbrokers 6. That in any proceeding under this Ordinance against any person Manner of provalleged to be a licensed pawnbroker the production of the alphabetical ing the license record herein before directed to be kept shall be evidence both of the personal identity of the person therein named, and that the said person is a licensed pawnbroker under this Ordinance, until the contrary is shown: Provided always that in the absence of such record other proof as to the fact of any person holding such license may be given in any such proceedings. 7. That in all proceedings under this Ordinance against any person acting as a pawnbroker without a license such person shall be deemed to be unlicensed unless the license authorising such person to carry on such trade or business shall be produced or other proof shall be given to the satisfaction of the Justice or Justices hearing the case of his being licensed under the provisions of this Ordinance. 8. That every person who shall hold a pawnbroker's license under this Ordinance shall have his name at length painted in legible characters at least two inches deep, with the words 'Licensed Pawnbroker' constantly and permanently remaining and plainly to be seen and read over the door of the shop or other place by him kept or made use of for carrying on the trade or business aforesaid. 9. That if any person not holding a pawnbroker's license shall keep up any sign, writing, painting or other mark on or near to his house, shop or premises which may imply or give reasonable cause to believe that such shop, house or premises is or are the house, shop or premises of a licensed pawnbroker, he shall for every such offence forfeit and pay on conviction any sum not exceeding ten pounds. 10. That no pawnbroker licensed by authority of this Ordinance shall by virtue of one license keep more than one house, shop or other place, but that for each house, shop or other place which any person shall keep for the purposes aforesaid a separate and distinct license shall be taken out and paid for by such pawnbroker. 11. Provided always that persons in partnership and carrying on the trade or business of a pawnbroker in one house, shop or tenement only shall not be obliged to take out more than one license in any one year for the carrying on any such trade or business. 12. That every licensed person taking in pawn any article or articles whatsoever whereon shall be lent any sum of money shall forthwith (before advancing any money thereon) cause to be entered in a fair and legible manner in some book kept for that purpose in the form of Schedule C hereto, a reasonable and sufficient description of every such article, and the sum of money in the whole advanced thereon with the rate of interest to be charged on the same by the week or month (as the case may be), and the true date at which and the name of the party by or for whom all such articles are pawned, and his place of residence according to the statement of the person so pawning, into which last-mentioned circumstances the pawnbroker is hereby enjoined to inquire of the party so pawning before any money shall be lent or advanced to him. 13. [Repealed by 41 Vic., No. 10.] Pawnbroker to be deemed unthe contrary be licensed until proved Pawnbrokers' painted on their premises under a penalty names to be Unlicensed per sons keeping up signs to be fincu Not to keep more virtue of one than one shop by license Persons in parttake out one nership need license only Articles pledged to be entered in books under a penalty. Period for the sale of pledges 14. That all articles forfeited on which in the whole any sum Mode of sale above five shillings shall have been lent shall be sold by public auction |