Water tanks or casks to be approved As to subsisting in case of detention Penalties Inspection Passenger lists Survey Manning Provisions Water Cleanliness Right of action preserved Coasting Vessels 12. That in every colonial ship or vessel the water laden on board as hereinbefore required, shall be carried in tanks or in casks, to be approved by such Superintendent of Water Police or other person or persons or his or their assistants as aforesaid, at the port of clearance; and when casks shall be used they shall be sweet and tight, of sufficient strength, and properly charred inside, and shall not be made of fir or soft wood staves, nor be capable severally of containing more than two hundred gallons each. 13. That if any such colonial ship or vessel shall not actually put to sea, or proceed on her intended coasting voyage on the day appointed for sailing in and by any contract made by the owner, charterer, or master of such ship, or by his or their agent, with or on behalf of any passenger who shall on that day be on board the same, or ready to go on board, the owner, charterer, or master of such ship, or his or their agent, or any of them, at the option of such passenger, shall pay to every passenger subsistence money, after the rate of five shillings for each statute adult in respect of each day of delay until the final departure of such ship on such voyage; and the same may be recovered in like manner as any penalty imposed by this Ordinance; provided that if such ship be unavoidably detained, either by wind or weather, no such subsistence money shall be payable. 14. That a penalty not exceeding fifty pounds, nor less than five pounds, is hereby imposed on the master or owner of any colonial ship or vessel, as the case may be, coming within the provisions of this Ordinance, who shall be convicted in manner hereinafter mentioned of any one of the following offences, that is to say, if in any colonial ship or vessel, fitting, or advertised, or intended for the carriage of passengers, or which shall carry passengers on any coasting voyage to which any of the provisions of this Ordinance may extend, every such facility for inspection shall not be afforded as hereinbefore required; or if a clearance be demanded for any such ship before such lists of passengers shall be signed and delivered to the proper officer as herein before required; or if such lists shall be false; or if any colonial ship or vessel shall clear out or proceed to sea on any coasting voyage, without having been duly surveyed as hereinbefore required, unless such survey be dispensed with by the proper officer as aforesaid, or without having obtained the certificate herein before required; or if any ship shall proceed to sea on any coasting voyage without a boat and life-buoy as aforesaid, or without being properly commanded and manned as aforesaid; or if any part of the cargo or the provisions, water, or stores shall be carried on the upper deck, or otherwise contrary to the provisions of this Ordinance, or if bad and unwholesome provisions be issued to any passenger contrary to the requirements of this Ordinance; or if the water shall not be carried in tanks or casks as hereinbefore required; or if any such ship shall not be kept cleanly and healthy in all respects; or if any passenger shall, without his previous consent, be landed at any place other than the place at which he may have contracted to land; or if any passenger after his arrival at the end of his voyage, shall not be allowed a reasonable time to quit such ship: Provided nothing in this Ordinance shall take away any right of action which may accrue Coasting Vessels to any person for the breach of any contract with the master, charterer, or owner of any colonial ship or vessel. terms 15. That the following terms shall respectively have the following Definition of significations (that is to say), the term statute adult' shall signify a passenger of the age of fourteen years or upwards, or two passengers above the age of one year and under that of fourteen; the term 'colonial ship or vessel' shall signify any description of sea-going vessel, whether British or foreign, engaged for the time being in the coasting trade of the said Colony; the term 'coasting voyage' shall signify any voyage from port to port or place to place within the said Colony; the term 'master' shall signify the person who shall be borne on the ship's articles as master, or who for the time being shall be in charge or command of any such ship. 16. That if any colonial ship or vessel arriving at or in any port or place from or out of any port or place after having performed any coasting voyage within the provisions of this Ordinance, shall have on board a greater number of persons or statute adults than provided for in the fifth section of this Ordinance, the master of such ship or vessel shall be liable on conviction to a penalty of not exceeding five pounds for each such person or statute adult constituting any such excess. Penalty for having on board a greater number of persons than prescribed by Section 5 Voyage 17. That for the purposes of this Ordinance the length of the Length of voyage between any ports or places in the Colony shall from time to time be determined by the Governor and published by proclamation in the Government Gazette.' 18. That any master of or any seaman or apprentice belonging to any colonial ship or vessel who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, shall for every such offence be deemed guilty of a misdemeanour, and shall be punishable by fine or imprisonment or both, with or without hard labour: Provided that such offence shall also be deemed an offence hereby made punishable by imprisonment for any period not exceeding six calendar months with or without hard labour, or by a penalty not exceeding one hundred pounds, and may be prosecuted accordingly in a summary manner instead of being prosecuted as a misdemeanour. Misconduct endangering ship. misdemeanour or life, or limb, a Ordinance 19. That sections A, C, F, G and I of 'The Shortening Ordinance Sections of 1853' shall be incorporated with and taken to form a part of this shortening 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. 20. That the Schedule to this Ordinance shall be deemed to be a schedule Short title Coasting Vessels part of this Ordinance, and all the directions therein shall be duly followed. 21. That this Ordinance may be cited as the Colonial Passengers Ordinance, 1861.' A. E. KENNEDY, The above is a correct list of names and descriptions of all the passengers. (Signed) Date Master. WESTERN AUSTRALIA ANNO VICESIMO QUINTO VICTORIÆ REGINE No. 14 An Ordinance to amend the Ordinance 25th Victoria, E 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 :-That the second section of the Ordinance of the present session of the Legislative Council, 25th Victoria, No. 1 of 1861, shall be read and applied as if the words 'the boundaries of the said building allotment inclusive of' had been inserted therein after the words 'Description of' in the third line from the commencement of such section. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to amend 'An Ordinance for vesting the Ordnance Lands and Buildings in the Principal Secretary of State for the War Department.' [Assented to 9th June, 1862. E 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:-That in the fourth section of the Ordinance of the Legislative Council, twenty-fifth of Victoria, No. 2 of 1861, the words 'the Governor' shall be erased, and the words 'the officer commanding the troops' substituted therefor; and in the sixth section thereof the words' or the Commanding Royal Engineer for the time being in the said Colony' shall be and the same are hereby repealed. J. S. HAMPTON, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to amend the law respecting Inquiries in the nature of Coroners' Inquests. [Assented to 1st July, 1863. HEREAS from the speedy decomposition consequent on death Preamble in this climate, it is advisable to make some provision that will admit of the early interment of bodies on which it may be necessary to hold inquests when death may have happened on a Sunday, or at such time before or under such circumstances as may have prevented the holding of an inquest on some earlier day: 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 in every such case it shall and may be lawful for the Inquest may be held on the Sabbath for the purpose of view. and dissecting Coroners' Inquests Coroner to summon, assemble, and hold an inquest on Sunday, for the ing, examining, purpose of viewing, examining, or dissecting the body, and thereupon such body may be interred, and the Coroner may adjourn the said inquest to any subsequent day for the further investigation of the matter. the body Coroner may compel attendance of jurors and witnesses defaulters to the Registrar of the Supreme Court, who shall enter of fines 2. And whereas it is expedient to punish the neglect of jurors and of witnesses when duly summoned to attend on an inquest: Be it further enacted, that if any person having been duly summoned, either personally or by a written notice left at his dwelling or place of abode, as a juror or witness to give evidence upon any Coroner's inquest, shall not, after being openly called three times, appear and serve as such juror, or appear and give evidence on such inquest, every such Coroner shall be empowered to impose such fine upon every person so making Coroner to certify default as he shall think fit, not exceeding forty shillings; and every such Coroner shall make out and sign a certificate containing the name and surname, the residence and trade or calling of every such person so them on the roll making default, together with the amount of fine imposed and the cause of such fine, and shall transmit such certificate to the Registrar of the Supreme Court, and shall cause a copy of such certificate to be served upon the person so fined, by leaving it at his residence; and the said Registrar shall copy the fine or fines so certified on the roll on which all fines and forfeitures imposed at such Court shall be copied, and the same shall be estreated, levied, and applied in like manner, and subject to the like powers, provisions and penalties in all respects, as if such fine or fines had been part of the fines imposed at such Court: Provided always, that nothing herein contained shall be construed to affect any power now by law vested in the Coroner for compelling any person to appear and give evidence before him on any inquest or other proceeding or for punishing any person for contempt of Court in not so appearing and giving evidence or otherwise. Proviso Inquisitions, &c., not to be quashed on account of technical defects 3. And whereas it is expedient to make provision for supporting Coroner's inquisitions and for preventing the same from being quashed on account of technical defects, it is further enacted that no inquisition, found upon any inquiry in the nature of a Coroner's inquest, nor any judgment recorded upon or by virtue of any such inquisition shall be quashed, stayed, or reversed because any juror or jurors shall have set his or their mark or marks to any such inquisition, instead of subscribing his or their name or names thereto, nor because any such mark or marks is or are unattested, provided the name or names of such juror or jurors is or are set forth, nor because any juror or jurors has or have signed his or their Christian name or names by means of an initial or partial signature only, and not at full length, nor because of any erasures or interlineations appearing in any such inquisition, unless the same shall be proved to have been made therein after the same was signed, nor for nor by reason of any such inquisition not being duly sealed or written upon parchment, nor because the Coroner and the jury did not all view the body at one and the same instant, provided that all viewed the body at the first sitting of the inquest; and in all or any of such cases of technical defects as are herein before mentioned, it shall be lawful for any Judge of the Supreme Court or for any Judge of Assize or Gaol Delivery, if he shall so think fit upon the occasion of any such inquisition being called in question before him, |