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habits; and whereas the Island of Rottnest appears peculiarly suitable to their detention, inasmuch as a greater degree of personal liberty may be allowed consistently with their safe custody, on account of the isolated situation of that place, and the consequent difficulty of escape therefrom : Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice of the Legislative Council thereof, that the Island of Rottnest shall be constituted and is hereby declared to be a gaol or legal place of imprisonment for the purposes and under the provisions of this Act, to which any person so committed, as aforesaid, may be sent; provided always that no person shall be sent to the said Island except by the order or direction of the Governor or other officer administering the Government of this Colony.
2. And be it enacted that it shall be lawful for the Governor, with the advice of the Executive Council, to appoint the gaoler and other requisite officers, and from time to time to alter and establish by proclamation the bounds and extent of the said prison, so as to limit it to any portion of the said Island, if at any time it should be deemed expedient so to do, and also to make all necessary rules and regulations touching the landing of boats at the said Island, and for the due custody, discipline, health, and comfort of the prisoners.
3. And be it enacted that all such proclamations, rules, and regulations, as aforesaid, shall with all convenient speed be laid by the Governor before the Legislative Council.
4. And be it enacted that any person who shall be convicted before any two Justices of the Peace of having wilfully contravened any such proclamation, rule or regulation, as aforesaid, shall forfeit and pay a sum not less than forty shillings, nor exceeding ten pounds, or in default thereof shall be committed to prison for a period not less than seven days nor more than three calendar months.
5. And be it enacted that it shall be lawful for the Governor, with the advice of the Executive Council, to direct, that any persons in prison within this Colony, whether of the aboriginal race, or otherwise under sentence of any court, or of any competent authority, for any offence committed by them, shall be removed from the prison in which they are confined to the Island of Rottnest aforesaid, there to be imprisoned for and during the whole or any portion of their respective terms of imprisonment, according to their respective sentences, if under special circumstances, or for any special reasons, it shall be deemed advisable so to do.
6. And be it enacted that all prosecutions for offences against the provisions of this Act shall be commenced within six calendar months after the commission of the offence, and not otherwise.
7. And be it enacted that all fines and forfeitures recovered under this Act shall be divided and applied as follows, that is to say, after deducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Colonial Treasurer, to be applied towards the Government of this Colony in such manner as the Governor, acting with the advice and consent of the Legislative Council, shall by law appoint, and the other moiety to the party or parties informing.
Aborigines 8. And be it enacted that this Act may be amended or repealed by an Act to be passed during the present Session. JOHN HUTT, Governor.
W E S T E R N A U S T R A L I A
An Act to allow the Aboriginal Natives of Western
the sanction of an Oath.
HEREAS many of the forms, requisites, and provisions of the law have been found inapplicable to the aboriginal inhabitants of Australia, inasmuch as there is strong reason to believe that these people are ignorant of the existence of any future state of rewards and punishments, and do not acknowledge any form or mode of adjuration as binding upon them, in consequence of which much failure of justice might ensue, and many serious offences and crimes which have been committed with their privity only, might pass unpunished; and whereas it is expedient to devise some means whereby such evils may be prevented; and whereas the attendance of natives to give evidence cannot be secured by the forms of the British law: 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 from and after the passing of this Act it shall and may be lawful for any Justice of the Peace of the said Colony, upon any complaint being made before him by any of the aboriginal race of this territory, to receive and take the information of the said individual upon his affirmation or declaration to tell the truth, the whole truth, and nothing but the truth, without administering the usual form of oath, and to reduce the substance of such information into writing, if it should appear necessary so to do, and thereupon to issue his summons or his warrant, as the nature of the case may require, or to take any other such proceedings as may be usual and proper in the case of an information made by any other of Her Majesty's subjects.
2. And be it enacted that in any civil action, or upon any inquiry into any matter of complaint, or upon the trial of any offence, whether committed by one of the aborigines or by any other person, it shall and may be lawful for any Court, or for any Justice or Justices of the Peace to receive the evidence of any of the aborigines without administering the usual form of oath, such aboriginal native having first made an affirmation or declaration to tell the truth, the whole truth, and nothing but the truth; provided always that in the case of
In any prelimimary stage of proceeding such information or evidence is to be reduced to writing, signed by a mark, and verified by the Justice
If at the appointed time of inquiry or hearing, the individual who gave the information does not appear, then such information or evidence so written and signed and verified may be read in evidence
The degree of credibility to be attached to such information or evidence shall be entirely left to the decision of the Justices, or Court and Jury
Duration of Act, two years
1 Wic., No. 1,
and 4 Vic.., No.6.
any proceeding in the nature of a preliminary inquiry the substance of the evidence or information of such aboriginal native shall be reduced to writing, and signed by a mark by such native, and verified by the signature of one or more of the Justices of the Peace before whom such information or such evidence shall have been given.
3. And be it enacted that if at the appointed time of such inquiry or trial as aforesaid, the aboriginal native who gave his or her information or evidence in any preliminary stage of the proceedings shall not appear when called upon, then, in such case, such information or evidence so taken as aforesaid, and so reduced to writing, and so signed and verified as aforesaid, may be read and received as evidence, in any future stage of the proceedings relative to the same transaction, without the necessity of bringing forward the same individual, to repeat his testimony orally;-Provided always, nevertheless, that the degree of credibility to be attached to any such information or evidence, whether in the preliminary or in the final stage of the proceedings, and whether oral or written, shall be entirely left to the decision of the Justice or Justices, or of the Court and Jury respectively, according to the tribunal before which such information or evidence shall have been offered, as being evidence given without the sanction of an oath or the test of cross-examination.
4. And be it enacted, that if any aboriginal native making such affirmation or declaration, as aforesaid, shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any matter or thing, which, if the same had been made upon oath in the usual form, would have amounted to wilful and corrupt perjury, he or she shall incur the same penalties and forfeitures as by the laws and statutes of England are enacted against persons convicted of wilful and corrupt perjury.
5. And be it enacted, that this Act shall be and continue in force for two years from the date of its passing the Legislative Council.
HEREAS an Act was passed in the first year of the reign of Her present Majesty entitled “An Act to provide for the appointment of Trustees of Church Property,’ whereby certain trustees Religious Bodies (Church Property)
were appointed, in whom should be vested the property in all lands and buildings intended for the purposes of the Church of England; and whereas in the fourth year of the reign of Her said Majesty an Act was | passed entitled “An Act to promote the Building of Churches and Chapels, and to contribute towards the Maintenance of Ministers of Religion in Western Australia,’ whereby it was required that before any moneys should be issued out of the Colonial Treasury for the erection of any churches, chapels, ministers' dwellings or other buildings for religious purposes, the estate in the same should be vested in trustees nominated by the congregation ; and whereas certain difficulties have arisen in the construction of the Acts aforesaid in cases of lands and other property intended for the uses of the Church of England, and as to the amount of money which it shall be lawful for the Governor in his discretion to issue under the Act last above-mentioned, on account of any particular church or chapel; and whereas it is expedient to remove such difficulties by amending certain portions of the said Act: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice of the Legislative Council thereof, that the seventh section of the said last-mentioned Act, by 4 Vic, No. 6, which it is provided that in every case where the Governor shall deem ...o.o.o.o. it expedient to issue moneys from the Colonial Treasury for the building porty of the of churches, chapels or ministers' dwellings, it shall be necessary that i.o. the said buildings and the lands thereunto belonging shall be conveyed on to trustees nominated by the congregation, shall not be deemed or taken on to to apply to any lands, buildings or other property intended for the purposes of the Church of England, but that all such property shall henceforth be vested in the trustees of church property under the provisions of the Act first above-mentioned, and in three local trustees to be appointed by the congregation or subscribers to the particular church, chapel or minister’s dwelling for which the money is intended.
2. And be it enacted that every such local trustee as aforesaid Powers of local shall have the same powers, rights and privileges as a general trustee "* in every matter or thing affecting the interests of the particular congregation by which he was appointed, and shall be entitled to vote, either in person or by proxy or by letter, at all meetings of the trustees on all Such matters and things as aforesaid.
3. And be it enacted that the whole sum or sums of money so issued Total sum issued towards the erection of any particular church, chapel or minister's loo dwelling, under the provisions of the Act last above-mentioned, shall £500. not in any case exceed the sum of five hundred pounds unless the issue
of Such further sum be approved by the Legislative Council.
4. And be it enacted that this Act may be amended or repealed floo by any Act to be passed during the present session.
Government notice in ‘Ga-. zette' to be cVidence that such immigrant is under the operation of Act
Governor to appoint Guardian
Guardian with approbation of Governor to apprentice immigrants
An Act to regulate the Apprenticeship and otherwise to
HEREAS certain juvenile immigrants have recently been transmitted to this Colony with and under special directions from Her Majesty's Principal Secretary of State for the Colonies for the purpose of being apprenticed within the same, and it is probable that others of the same class will hereafter be transmitted in like manner and for the like purpose; and whereas it is expedient to regulate by law the mode and duration of such apprenticeship, and to provide for the due enforcement of relative rights and obligations thereunder, and otherwise for the general superintendence and control of such immigrants: 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 in order to obviate any uncertainty as to the objects and applicability of this Act, a notice published by His Excellency's command in the ‘Government Gazette' setting forth that certain persons therein named are immigrants to be apprenticed under this Act shall be conclusive evidence in all proceedings at law, before Justices of the Peace or otherwise, that such persons (on due proof of identity, if requisite) are within the operation of this Act.
2. And be it enacted that it shall be lawful for His Excellency the Governor, by any writing under his hand and seal of office, to appoint a Guardian for and over all such juvenile immigrants as aforesaid under the style or official designation of ‘Guardian of Government Juvenile Immigrants.’
3. And be it enacted that it shall be lawful for such Guardian, with the approbation of the Governor, to apprentice any such juvenile immigrant as aforesaid in manner hereinafter set forth for any term not less than two years nor exceeding five years to any master or mistress, for the purpose of being instructed in any art, handicraft, trade or
Form of indell: ture in triplicate
4. And be it enacted that every such apprenticeship as aforesaid shall be effected by an instrument in writing in the form or to the effect (as nearly as circumstances may admit) set forth in the Schedule to this Act, and countersigned by the Governor; and every such instrument shall be drawn and executed in triplicate, whereof one part shall be retained by the Guardian, another part by the master, and the third part shall be transmitted by the Guardian to the Clerk of the Bench of Magistrates for the district within which such master shall be resident,