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Who by No. 8 of the Ordinances passed in the thirty-first
year of the reign of Her present Majesty Queen Victoria, an Act passed in the Session of Parliament held in the seventeenth and eighteenth years of the aforesaid reign was adopted and applied in the administration of justice in this Colony; and whereas by the said Act, intituled “An Act to amend the Laws relating to the Administration of the Estates of Deceased Persons,’ it is enacted, among other things, when any person shall, after the 81st day of December, 1854, die seized of or entitled to any estate or interest in any land or other hereditaments which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage, and such person shall not, by his will or deed, or other document, have signified any contrary or other intention, the heir or devisee to whom such land or hereditaments shall descend or be devised shall not be entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of such person, but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same shall be charged, every part thereof, according to its value, bearing a proportionate part of the mortgage debts charged on the whole thereof; and whereas doubts may exist upon the construction: of the said Act, and it is expedient that such doubts should for the future be removed: 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, as follows:–
1. In the construction of the will of any person who may die after the passing of this Act, a general direction that the debts or that all the debts of the testator shall be paid out of his personal estate shall not be deemed to be a declaration of an intention contrary to or other than the rule established by the said Act, unless such contrary or other intention shall be further declared by words expressly, or by necessary implication, referring to all or some of the testator's debts or debt charged by way of mortgage on any part of his real estate.
2. In the construction of the said Act, and of this Act, the word ‘mortgage’ shall be deemed to extend to any lien for unpaid purchase money upon any lands or hereditaments purchased by a testator. FREDK. A. WELD, GoverNOR AND CoMMANDER-IN-CHIEF.
Who it is expedient to provide for the payment out of Preamble
1. It shall be lawful for the Governor from time to time, on the Governor may production of bills of the disbursements with proper vouchers, to direct ..." payment out of the public revenues of the said Colony of any sum or tressed seamen sums of money which may appear to have been disbursed by or under §."*** the authority of the Lords of the Committee of Privy Council appointed for the consideration of matters relating to trade and foreign plantations, or by any British Consul or other officer, or by the Local Government of any British possession or Colony, to or on account of any seaman belonging to and who last served in vessels registered in the said Colony of Western Australia who have been shipwrecked, discharged or left behind at any place out of the said Colony from any such vessel, or who have been engaged by any person acting either as principal or agent to serve in any such vessel, and who are in distress
in any place out of the said Colony.
2. The Colonial Treasurer shall issue and pay such sum or sums of money for the purpose aforesaid as the Governor shall from time to time by warrant under his hand direct.
FREDK. A. WELD,
W E S T E R N A U S T R A LIA
An Act for appropriating certain Lands for the purpose of forming a new Street in the Town of Guildford. [Assented to 2nd January, 1871.
HEREAS it is expedient to form a street, called Waylen-street, in the Town of Guildford : And whereas the persons to whom the respective pieces or parcels of land specified in the Schedule hereto belong have consented to their said lands being vested in the trustees of the said town for such purpose: 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, as follows:—
Lands forming 1. The several pieces or parcels of land respectively specified in
§od the Schedule to this Act shall form and be a public street called
.."...o." Waylen-street, in the Town of Guildford, and the right of property therein respectively shall henceforth, by virtue hereof, and without the necessity of any formal conveyance, be vested in the trustees of the Town of Guildford, free from all claims and incumbrances whatsoever, upon the trusts, ends, intent and purposes of and subject to the Ordinance No. 15 of 1850, intituled “An Ordinance to provide for the Improvement of Towns in Western Australia.”
2. The Schedule in this Act referred to shall be deemed a part
hereof. FREDK. A. WELD, GoverNOR AND COMMANDER-IN-CHIEF.
1. One rood twenty-eight perches of Guildford Town No. 38,-Bounded on the west by the west boundary of Guildford Town Lot 38, ten chains in length, as granted in fee by title deed No. 227; on the north by forty-two and a half links of Swan-street, on the south by forty-two and a half links of Mangles-street, and on the east by a line parallel and equal to the west boundary.
2. One rood twenty-eight links of Guildford Town Lot No. 39.-Bounded on the east by the east boundary of Guildford Town Lot 39, ten chains in length, as granted in fee by title deed No. 226; on the north by forty-two and a half links of Swan-street, on the south by forty-two and a half links of Mangles-street, and on the west by a line parallel and equal to the east boundary.
3. Twenty-eight links of Guildford Town Lot No. 8.—Bounded on the west by the west boundary of Guildford Town Lot No. 8, four chains fifteen links in length, as granted in fee by title deed No. 1231; on the south by forty-two and a half links of Swan-street, on the north by forty-two and a half links of the north boundary of said lot, and on the east by a line parallel and equal to the west boundary.
4. Nineteen links of Guildford Town Lot No. 132.-Bounded on the west by the west boundary of Guildford Town Lot 132, two chains seventy-five links in
length, as granted in fee by title deed No. 1208; on the north by fifty-three links of Terrace-road, on the south by forty-two and a half links of the south boundary of said lot, and on the east by a line three chains six and a half links in length parallel to the west boundary.
5. One rood five links of Guildford Town Lot No. 133.—Bounded on the east by the east boundary of Guildford Town Lot 133, measuring six chains ninety links, as granted in fee by title deed No. 1142; on the north by fifty-three links of Terrace-road, on the south by forty-two and a half links of Swan-street, and on the west by a line of six chains fifty-eight and a half links in length parallel to the east boundary.
HEREAS Peter Ferrara 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 Peter Ferrara 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. - FREDK. A. WELD, GovePNOR AND COMMANDER-IN-CHIEF,
W E S T E R N A U S T R A L I A
An Act to amend the Law of Evidence and Practice on Criminal Trials. [Assented to 2nd January, 1871.
HEREAS it is expedient that the law of evidence and practice on trials for felony, misdemeanour and other proceedings in Courts of Criminal Judicature should be more nearly assimilated to
Torovisions of Section 2 of this Act to apply to nll criminal trials, and Sections 3 to 8 to all Courts of Judicature, &c.
Summing up of evidence in cases of felony and misdemeanour
How far witness may be discredited by the party producing
As to proof of contradictory statements of adverse witness
Cross-examinations as to previous stateinents in Writing
that on trials in civil actions: Be 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, as follows:–
1. The provisions of section 2 of this Act shall apply to every trial for felony or misdemeanour which shall be commenced after the passing of this Act, and the provisions of sections 8 to 8 inclusive of this Act shall apply to all Courts of Judicature as well criminal as all others, and to all persons having by law or by consent of parties authority to hear, receive and examine evidence.
2. If any prisoner or prisoners, defendant or defendants, shall be defended by counsel, but not otherwise, it shall be the duty of the presiding Judge, at the close of the case for the prosecution, to ask the counsel for each prisoner or defendant so defended by counsel, whether he or they intend to adduce evidence; and in the event of none of them thereupon announcing his intention to adduce evidence, the counsel for the prosecution shall be allowed to address the jury a second timein support of his case, for the purpose of summing up the evidence against such prisoner or prisoners or defendant or defendants; and upon every trial for felony or misdemeanour, whether the prisoners or defendants, or any of them, shall be defended by counsel or not, each and every such prisoner or defendant or his or their counsel respectively, shall be allowed, if he or they should think fit, to open his or their case or cases respectively; and after the conclusion of such opening, or of all such openings (if more than one), such prisoner or prisoners, or defendant or defendants, or their counsel, shall be entitled to examine such witnesses as he or they may think fit, and when all the evidence is concluded to sum up the evidence respectively; and the right of reply, and practice and course of proceedings, save as hereby altered, shall be as at present.
3. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character; but he may, in case the witness shall in the opinion of the Judge prove adverse, contradict him by other evidence, or by leave of the Judge prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
4. If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the indictment, information or proceeding, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given the circumstances of the supposed statement sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
5. A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subjectmatter of the indictment, information or proceeding, without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writings which are to