« EdellinenJatka »
Religious Bodies (Church Property)
11. And be it further enacted that wherever the word “Governor’ The term. occurs in this Act it shall be construed to extend also to any Officer ..."."
administering the Government of this Colony. !oinis. ering the JOHN HUTT, Government
GovKRNOR AND COMMANDER-IN-CHIEF.
W E S T E R N A U S T R A L I A
HEREAS Johann August Ludwig Preiss has applied to be
of the Legislative Council thereof:-
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.
Governor AND CoMMANDER-IN-CHIEF.
W E S T E R N A U S T R A L I A
HEREAS Frederick Waldeck 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
W E S T E R N A U S T R A L I A
An Act to repeal certain Acts relating to the Management of Roads, Streets and other Internal Communications, and enabling the Inhabitants of Townships to assess themselves for the Improvement of the Town. [Assented to 23rd September, 1841.
W THEREAS in the first year of the reign of Her present Majesty Preamble
Queen Victoria an Act was passed intituled “An Act to provide for the management of Roads, Streets and other internal Communications within the Settlement of Western Australia; ' and whereas during the present session an Act was passed intituled “An Act to continue for a limited time an Act to enable the inhabitants of any Township to assess themselves for the Improvement of the Town; ' and whereas the laws relating to these subjects have been found to require , alteration and amendment; and it is deemed necessary to provide for the improvement of towns by separate and distinct enactments from those applying to the general internal communications of the Colony; and with a view to the more perfect attainment of this end it has been deemed advisable that the laws now in force relating to these subjects should be repealed: Be it therefore enacted by His Excellency the 1 vic, No. 2, Governor of Western Australia, by and with the advice and consent of ...; the Legislative Council thereof, that the Acts hereinbefore recited shall » be and the same are hereby repealed.
W W THEREAS the want of a sufficient survey-force in this Colony Preamble has heretofore rendered it impossible to ascertain with accuracy the proper boundaries of several grants of land; and whereas many WOL. I. D
Expedient to mark boundaries upon the lands
SurveyorGeneral to mark proper boundaries, where requisite
Notice to be gazetted of intended survey
Boundaries to be entered in a record book to be deemed true boundaries, &c.
Proviso, that the
SurveyorGeneral or Officers may enter and take materials, &c.
Penalty for obstructing
Boundaries of Country Lands
deeds have accordingly been issued, in which the land has been described, either by marks or measurements which on more accurate survey are likely to prove in some degree erroneous, or by measurements to be made of certain distances in certain directions, according to the compass; and whereas it is expedient that all such descriptions should, with as little delay as possible, be corrected or carried into effect, by the erection of visible landmarks upon the several lands under the direction of the Surveyor-General of this Colony: 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 it shall be lawful for the Government, as soon as conveniently may be after the passing of this Act, to direct the Surveyor-General to ascertain and mark by landmarks the proper boundaries of every grant heretofore made or hereafter to be made by Her Majesty, or her predecessors, her heirs or successors, of lands within this Colony, of which the description contained in the deed of grant shall be such as hereinbefore stated.
2. And be it enacted that notice shall be published in three successive “Gazettes’ of the intended survey of each district.
3. And be it enacted that whensoever and so soon as the several boundaries shall have been ascertained and marked within any such district as aforesaid, the Surveyor-General shall report the same, accompanied by a map or plan of the said district, and a description of the several landmarks placed therein, for the approval of the Governorin-Council; and when so approved shall enter a description of each grant of land so surveyed, according to such landmarks, in a recordbook to be kept by him for that purpose; and every such description shall be signed by him and by the Governor-in-Council; and notice of every such entry shall be published in three successive “Gazettes.’
4. And be it enacted that all boundaries of lands so entered and signed as aforesaid, shall be deemed and taken to be the true boundaries of such lands respectively; all former descriptions thereof, in any title deeds or otherwise, notwithstanding, and whether such lands be in possession of the original owner or owners, or of his, her or their heir or assignee; 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 given in evidence of the boundaries of such lands in any suit or cause affecting the same.
5. Provided always and be it enacted that with respect to the district marked and known in the books of the Surveyor-General's office as the “Avon District,’ the distances formerly marked out upon the line commonly known as the “Avon Base Line,' shall be deemed and taken in all surveys under this Act of such base line, and of all boundary lines of such lands parallel thereto, to express and contain the distances which the same were originally assumed to express and contain in the survey formerly made of the said “Avon Base Line.’
6. And be it enacted that it shall be lawful for the SurveyorGeneral or any person or persons employed by him from time to time to enter upon any lands within this Colony for the purposes of this Act, and to take materials, and erect landmarks upon any part or parts of such lands respectively; and any person who shall wilfully obstruct or