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Pawnbrokers

character of the said A.B., and being satisfied that he is a fit person to have such
license granted to him do hereby authorise and empower him to carry on the
trade or business of a Pawnbroker in the said house and premises, and not else-
where, and this license shall continue in force until the thirty-first day of
December next after the date hereof, and not longer.
Granted by the Bench of Magistrates at

day of

Registered,

A.B.,

Clerk of the Bench.

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one thousand eight hundred and

(Signed)

aforesaid, the

C.D., Chairman.

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I, A.B.,

of

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do hereby solemnly and sincerely declare that I am justly and truly entitled to (here state the particulars of the goods referred to in the lost or missing duplicate), and that the same was (or were) pledged by me with C.D. (Pawnbroker) on the day of last, as a security for the sum of then advanced to me, and is (or are) still unredeemed; and that I have not sold or otherwise disposed of the duplicate of such property, or of my interest therein; and that the duplicate of such property hath been (here state whether lost or mislaid or fraudulently obtained or taken).

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An Ordinance to prohibit Aliens and Foreigners taking
Whales and other Fish in the Waters of Western
Australia.

WHE

[Assented to 12th December, 1860.

THEREAS divers aliens and foreigners in foreign ships and Preamble vessels and otherwise have at various times pursued and taken

whales on the coasts of Western Australia to the prejudice of Her

Foreigners taking whales liable to a

penalty of £20

Shortening Ordinance, secs. A, C, F and I.

Foreigners and Aliens (Right to Fish)

Majesty's liege subjects and in breach of her sovereign rights; and whereas it is expedient to prevent such unlawful practices: Be it therefore enacted by His Excellency the Governor of the said Colony and its Dependencies, by and with the advice and consent of the Legislative Council thereof :

1. That every alien and foreigner (not being resident in Western Australia or in any other part of Her Majesty's Dominions) who shall pursue and take or who shall be present aiding and abetting other aliens and foreigners (not being resident in Western Australia as aforesaid) in the pursuit and capture of whales and other fish within the waters of the said Colony or any of the coasts thereof, or within any of the bays, creeks and harbours thereof, shall for every such offence forfeit and pay the penalty of any sum not less than five pounds nor more than twenty pounds.

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2. That Sections A, C, F and I of The Shortening Ordinance, 1853,' shall be incorporated with and taken to form a part of this Ordinance to all intents and purposes and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Ordinance.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO VICESIMO QUARTO

VICTORIÆ REGINÆ

No. 13

An Ordinance to naturalize the Very Reverend Raphael
Martelli, the Reverend Francis Salvadó, the Reverend
Ildephonsus Bertran, and the Reverend Emilian Coll.
[Assented to 12th December, 1860.

THEREAS the Very Reverend Raphael Martelli, a Native of Italy, and the Reverend Francis Salvadó, the Reverend Ildephonsus Bertran, and the Reverend Emilian Coll, Natives of Spain respectively, have applied to be admitted to the Rights and Privileges of British Subjects, and whereas it is expedient to comply with the said Applications; 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 Raphael Martelli, the said Francis Salvadó, the said Ildephonsus Bertran, and the said Emilian Coll be, and they hereby are severally naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of natural born British Subjects within the Limits of the Colony of Western Australia save

Naturalization of Aliens

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 by Proclamation or other public Notice.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

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An Ordinance to provide for the Extension of the Boundaries of the Town of Newcastle.

WE

[Assented to 12th December, 1860.

HEREAS by a proclamation bearing date on or about the first Preamble day of October, 1860, under the hand of the Governor and the public seal, it is declared that certain lands therein mentioned and described situate in the Avon District shall form and be a town to be called the town of Newcastle; and whereas it is expedient to extend the boundaries of such town so as to include the piece or parcel of land specified in the Schedule to this Ordinance annexed, marked A, heretofore granted by the Crown in fee simple to one Charles Harper, and which will be materially benefited thereby: 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 :

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Land described form part of Newcastle

in Schedule A to

1. That the piece or parcel of land specified in Schedule A annexed to this Ordinance shall form and be a part and portion of the said town of Newcastle for all local purposes connected with police, rating, assessments and town trusts, including the right of voting as town trustees and all other rights, privileges, obligations and liabilities usually appertaining, belonging or incident to towns in the said Colony; and the district comprehended within such piece or parcel of land shall cease to belong to or form a part of the country lands of the Colony in which it is situated; and the boundaries and description specified in the Schedule B to this Ordinance annexed which include the said first mentioned piece or parcel of land shall henceforth be and become the boundaries and description of the said town of Newcastle. 2. That as regarding the lands specified in Schedule A and declared No compensation by this Ordinance to form a part and portion of the said town of Newcastle, the said Charles Harper, his heirs or assigns or any other person or persons claiming or to claim through, under or in trust for him,

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Land in Schedule
B to form town

of Newcastle

to be claimed therefor

Streets

them or any or either of them, shall not claim or be entitled to any compensation on account or in consequence of such extension of boundaries as aforesaid or the obligations and liabilities arising therefrom and incident thereto.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE A

All that piece or parcel of land situate and being in the Avon District containing ten acres, more or less, known as 'Avon Location No. 111,' bounded on the east by a line about two chains in length, extending south south-east from the left bank of the Avon River in a line with and towards the western boundary of Avon Location No. 110; on the south by a line about fifteen chains thirty-seven links in length, extending west south-west along the northern side of a public highway; on the west by a north north-west line about ten chains in length; on the north by a line about three chains thirty-eight links in length, extending east north-east to left bank aforesaid, and on the north-east by said left bank, all bearings and boundaries being magnetic or thereabouts; and a squared boundary mark being placed at each of the five corners of the location in the angle of meeting of short trenches dug in the ground in the direction of adjoining boundary lines.

SCHEDULE B

All that piece or parcel of land containing three hundred and eighty acres, more or less, known as the town of Newcastle, bounded on the west by a south south-east line along and in continuation of the east boundary of Avon Location No. 3; on the south by the north boundary of Avon Location V., the same being an east north-east line about seventy-three chains fifty links in length; on the east and north by the centre of the last run of the Avon River between the east end of the south boundary and the north end of the west boundary above described, all bearings here given being magnetic.

Preamble

WESTERN AUSTRALIA

ANNO VICESIMO QUARTO

VICTORIE REGINE

No. 15

An Ordinance to provide for the more effectual Adminis-
tration of Justice by establishing a Supreme Court.
[Assented to 17th June, 1861.

WHEREAS it is justice, and for such purpose to establish

HEREAS it is expedient to make more effectual provision for the

a Supreme Court: Be it therefore enacted, by His Excellency the

Administration of Justice (Civil)

Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof :

-

1. That this Ordinance may be cited for all purposes as 'The Short Title of Supreme Court Ordinance, 1861."

Ordinance

of Ordinance

2. That this Ordinance shall come into operation and be in force Commencement immediately from and after the publication thereof by proclamation in the Government Gazette.'

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Ordinances

3. That upon this Ordinance coming into operation, the Ordinances Repeal of and parts and portions of Ordinances respectively set forth and specified in the Schedule hereto shall be and the same are hereby severally and respectively repealed.

A Supreme Court with Jurisdiction of Criminal Law Courts in

to be established,

and Common

Chief Justice to hold the Court

4. That there shall be established in the said Colony a Court of Judicature, which shall be a Court of Record to all intents and purposes under the style and title of The Supreme Court; and such Court is hereby invested with and shall exercise within the said Colony and its Dependencies all the powers, properties, rights, superintendence, force, effect, jurisdiction, authority, pre-eminence, and advantages which belong to and are enjoyed, used, and in any manner practised in England, in and by the Courts of Queen's Bench, Common Pleas, and Exchequer at Westminster; and the said Court shall also be at all times a Court of oyer and terminer and general gaol delivery in and for the said Colony and its Dependencies; and such Court shall be holden by and before one Judge, who shall be called 'The Chief Justice of Western Australia,' and shall exercise the jurisdiction of Jurisdiction the said Court; and the same powers and authorities are hereby given to the said Chief Justice, within the said Colony and its Dependencies, that are held, exercised, and enjoyed in Court or Chambers, by the Judges of the Courts of Queen's Bench, Common Pleas, and Exchequer at Westminster, to all intents and purposes whatsoever; and the said Chief Justice, in manner aforesaid, is hereby authorised, empowered, and required, to take cognizance of and hold all pleas and all manner of causes, suits, actions, pleas of the Crown, prosecutions, and informations, whether civil, criminal, or mixed, with the same and as full power within the said Colony and its Dependencies, to hear, judge, determine, and execute therein, as the Courts of Queen's Bench, Common Pleas, and Exchequer at Westminster, and as Justices of oyer and terminer and general gaol delivery, have or hath in England, and as Justices of the Peace in their sessions there, have by law, and as shall be necessary for carrying into effect the several jurisdictions, powers, and authorities committed to the said Supreme Court and Chief Justice respectively; and shall adjudge and determine in all and every the same matters, according to the laws and statutes of Great Britain in force here, and the laws of this Colony: And where any Act of Parliament in force in England on the first day of June, one thousand eight hundred and twenty-nine, and applicable to the said Colony, or any Act of Parliament adopted and directed to be applied in the said Colony, shall authorise and direct any proceeding, act, matter, or thing to be had, done, performed or executed by or before Her Majesty's Courts at Westminster, or the respective Judges thereof, or by or before the Lord Chancellor or any equity Judge, in the administration of justice, every such proceeding, act, matter, and thing shall be, and the same is hereby authorised and directed to be

VOL. I.

U

Supreme Court

authorised to perform certain

Acts required

to be performed by the Courts

England

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