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An Act to prevent the enticing away the Girls of the
Aboriginal Race from School, or from any Service in
which they are employed.
[Assented to 1st August, 1844,

Preamble HEREAS laudable efforts have been made to introduce
Christianity and civilisation amongst the aboriginal race of
this Colony by instructing their youths of both sexes in schools, and
admitting them as domestic servants into families of the colonists,
and whereas it is expedient to provide a remedy against mischievous
and evil-disposed persons enticing away the girls of that race either
from the schools in which they are kept or from the houses in which
they are employed : 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, that from and
Any person con: after the passing of this Act, any person who shall be convicted before
yo; any two or more Justices of the Peace of this colony of having enticed
of thoo or persuaded any girl of the aboriginal race to leave any school without
race from school - - -
joice" the previous consent of a Protector of aborigines, or of the master or
...'...}, mistress of such school or the service in which she has been engaged,
for the first without the previous consent of her master or mistress, shall forfeit and
†. pay any sum not exceeding Two Pounds for the first offence, and Five
any subsequent Pounds for the second or any subsequent offence, to be recovered
offence according to the provisions of an Act of the Legislative Council of this
Colony, passed in the seventh year of the reign of Her present Majesty
Queen Victoria, intituled “An Act to regulate summary proceedings
before Justices of the Peace.'

...' 2. And be it enacted, that all informations and proceedings in

prosecu respect of offences against this Act shall be commenced within three calendar months after the offences thereby respectively charged shall have been committed.

Appeal 3. And be it enacted, that any person who shall think himself aggrieved by any judgment or conviction under this Act may appeal to the next Court of Quarter Sessions.

Act may be 4. And be it enacted, that this Act may be altered, amended, or
amended repealed by any Act to be passed during this present session.
JOHN HUTT,
GoverNOR.

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- fourth and fifth year of the reign of Her present Majesty Queen Victoria, intituled “An Act to provide for the improvement of Towns in the Colony of Western Australia, the right of property in all streets, paths, canals, towing-paths, ferries, bridges and other thoroughfares within the limits of any town site is vested in the respective trustees of each such town; and whereas in several instances a difficulty has been experienced in recognizing the exact lines of the streets, because many of the surveyors' marks by which such lines were originally defined have been either removed, destroyed or obliterated in the course of time; and whereas it is highly expedient to ascertain the precise limits of the streets so vested in each Town Trust respectively and to define the same by conspicuous and permanent marks, so as to enable the said Trustees to preserve the regularity of the streets and to prevent any encroachment thereon : Be it therefore enacted by His Excellency the Goyernor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that immediately after the passing of this Act it shall be lawful for the Governor to direct the SurveyorGeneral at his earliest convenience to cause a survey to be made of overy town laid out by the Government of this Colony as nearly as possible in accordance with the survey originally made of such town, except in any case where a deviation therefrom may have been previously oirected and sanctioned by any Governor of this Colony, or may during the progress of such survey be found necessary for the rectification of *ny freet so as not to interfere with any substantial brick or stone building already erected, and which deviation may be sanctioned by the Governor in Executive Council, in which case the survey is to be made in accordance with such sanctioned alteration, which the Governor is o authorised to make : Provided nevertheless that no such altera

. shall be so made as to lessen the quantity of land contained in any allotment granted in fee-simple by the Crown without compensation

being given for the portion so taken away.

l *And be it enacted that the Surveyor-General shall cause to be ; at each corner of each block of allotments at the intersection of . streets, or at any other part or parts of the streets or thoroughfares * it may be considered necessary, one of the posts or boundary marks hereinafter more particularly mentioned and described in such #onner that the two exterior faces of each post shall coincide with the

* of the adjacent streets.

The Governor is
to direct the Sur-
veyor-General to
cause a survey to
be made of every
town in accord-
ance with the
survey originally
made, except
where any altera-
tion may be
sanctioned by
the Governor, in
which case it is
to be made in ac--
cordance with
such sanctioned
alteration, which
the Governor is
hereby em-
powered to make

Provided the quantity of land in the allotments be not lessened

Surveyor-General to place at the corner of each block of allotments boundary posts, having their exterior faces coinciding with the adjacent Streets

Surveyor-General
may enter upon
allotments and
erect posts and
form necessary
marks, and re-
move any ob-
structions which
may be in the
way. Any per-
son hindering or
molesting him,
to forfeit a sum
not exceeding
4210
Posts to be made
of sawn timber
or some other
durable material
where procur-
able, and to have
the initial letters
of the Town
Trust formed
upon them

Provided that if a house, wall or other substantial erection stand at the corner, it shall be sufficient to mark the letters upon such erection

Posts to be the property of the Town Trust, and to define the line of streets

Surveyor-General
to report the
Streets SO
marked, and to
lay duplicate
plans of them
before the
Governor-in-
Council, which
plans are to be
signed by the
Governor, one to
be kept in the
Survey Office,
and one given to
the Chairman of
the Trust
These plans are
to be given in
evidence in any
suit or cause re-
garding the
streets
Chairman of the
Trust is to regu-
late the line of
streets, and to
remove any pro-
jection or ob-
struction

Any person molesting him in the execution of this duty, to forfeit £10

Alignment of Streets in Towns

3. 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 allotment for the purposes of this Act, and to erect such post or posts or construct such other mark or marks, as may be deemed necessary, and for that purpose to dig holes or to remove such parts of fences, walls or other erections as may be in the way, and any person who shall wilfully obstruct or hinder him or them in the execution of such duty shall forfeit and pay a sum not exceeding ten pounds.

4. And be it enacted that such posts or boundary marks shall be made either of sawn timber not less than six inches square or any more durable material where such can be procured, and shall have the initial letters of the Town Trust marked or formed in some permanent manner upon each of the exterior faces of the said posts or boundary marks, in characters not less than two inches long, and at the height of three feet above the ground.

5. Provided always and be it enacted that if it shall so happen that any house, wall or other substantial erection shall be found to be correctly placed at the corner of any block of allotments so that it is impracticable to erect in that position one of such posts as aforesaid, then in that case it shall be sufficient to mark or otherwise affix the said letters in such permanent manner as may be deemed advisable in their proper places in the manner aforesaid upon such house, wall or other substantial erection.

6. And be it enacted that the said boundary posts and marks so placed as aforesaid, shall be deemed and taken to be the property of the Town Trust, and shall indicate and define the position, direction and breadth of the several streets and lines of communication vested in the Trustees of each town respectively.

7. And be it enacted that whensoever and so soon as the several streets and lines of communication within any town-site shall have been ascertained and marked as aforesaid, the Surveyor-General shall report the same and lay before the Governor in Executive Council a map or plan of such town in duplicate, having the streets and lines of communication delineated accordingly thereon, both of which plans shall be signed by the Governor in Executive Council, and one shall be retained in the Survey Office or some other convenient place and the other shall be delivered to the Chairman or Acting-Chairman of the Town Trust, either of which plans so signed by the Governor or any copy thereof duly certified by the Surveyor-General, shall and may be given in evidence of such streets or lines of communication in any cause or suit regarding the same.

8. And be it enacted that immediately after such plan shall have been delivered to the Chairman or Acting-Chairman of the Town Trust aforesaid, it shall be lawful for such Chairman or Acting-Chairman, and he is hereby authorised and required, to proceed forthwith to adjust and regulate the lines of streets between the posts or marks as aforesaid according to such plan, and for that purpose to remove any material or erection whatsoever which may project into the limes of streets so defined as aforesaid, and to place the same upon the immediately adjacent land, and any person who shall wilfully obstruct or hinder him or any one employed by him in the execution of such duty, shall forfeit and pay a sum not exceeding ten pounds.

Alignment of Streets in Towns

9, And be it enacted that it shall not be lawful to mortice into or nail or fasten in any other way to the said boundary posts or marks so placed as aforesaid, any rail, post, paling or other material whatsoever, and any person convicted before any two Justices of the Peace of this Colony of having done so, or of having wilfully injured, defaced or disturbed any such boundary post or mark as aforesaid, shall forfeit a sum not exceeding twenty pounds.

10. And be it enacted that any person who shall be convicted before the Court of Quarter Sessions of this Colony of wilfully removing or destroying any such boundary posts so placed as aforesaid shall be liable at the discretion of the Court to be imprisoned and kept to hard labour for any term not exceeding three years.

11. And be it enacted that the Chairman or Acting-Chairman of the Town Trust shall in the month of December in each year examine and inspect the said posts and marks, and make a written report of their state and condition to the Governor, and if it shall appear from the said report, or if at any time it shall be discovered in any other manner that any of the said posts or marks require to be renewed, repaired or adjusted, it shall be lawful for the Governor to direct the same to be renewed, repaired or adjusted, in the same way as they were originally made, but at the cost and expense of the said Town Trust. 12. And be it enacted that when and so often as any fresh blocks of allotments are required to be laid out, by which any new lines of communication shall be formed, the Surveyor-General shall lay before the Governor in Executive Council duplicate maps or plans of the Same, both of which plans shall be signed by the Governor in Council, and one shall be retained in the Survey Office, or some other convenient place, and the other shall be delivered to the Chairman or ActingChairman of the Town Trust, either of which plans, so signed by the Governor, or any copy thereof duly certified by the Surveyor-General, shall and may be given in evidence of such streets in any cause or Suit regarding the same, and such additional lines of communication and blocks of allotments may be added to or delineated upon the Original maps or plans, and the additional part authenticated in the Same manner as the original maps or plans by the signature of the Governor in Council, and such part so authenticated may also be given in evidence as aforesaid. 13. And be it enacted that no action, suit, or proceedings shall be Commenced or prosecuted against any person or persons for anything done in pursuance of this Act until thirty days' notice thereof shall be given to such person or persons, nor after sufficient satisfaction or tender of amends hath been made to the party or parties aggrieved, nor after the expiration of six calendar months next after the fact Committed; and the defendant or defendants in every such action, suit, or prosecution, shall and may, at his or their election, plead specially, or the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear that the matter on which the cause of action arose was done in pursuance and by authority of this Act, or that such action or suit shall have been brought before thirty days' notice thereof was given as aforesaid, or after a sufficient satisfaction made or tendered as aforesaid,

Nothing to be fastened to the boundary posts Any person convicted of injuring, defacing or disturbing such post, to forfeit not more than #20; and in default of payment to be imprisoned

Any person con-
victed of wilfully
removing or de-
stroying such
posts, to be liable
to be imprisoned
and kept to
hard labour

Chairman of the Town Trust to make annual inspection of posts and marks, and report their state, and if any require to be renewed, repaired or adjusted, it is to be done at the expense of the Trust, When any new StreetS are formed, duplicate plans of the same are to be laid before the Governor and signed by him, one of such plans shall be kept in the Survey Office and one delivered to the Chairman These plans may be given in evidence, and the additional streets may be delineated on the original map, and authenticated by the Governor's signature

Limitation of actions

Tender of
amends

Notice

General issue

Costs

Alignment of Streets in Towns

or after the time limited for bringing the same as aforesaid, then the
Court or Jury shall find for the defendant or defendants; and upon
such verdict or finding, or if the plaintiff or plaintiffs shall be nonsuited,
or shall discontinue his, her, or their action, suit, or prosecution, after
the defendant or defendants shall have appeared, or if upon demurrer
judgment shall be given against the plaintiff or plaintiffs, defendant or
defendants shall recover double costs, and have such remedy for the
same as any defendant or defendants hath or have in other cases of
costs given by law, and though a verdict shall be given for the plaintiff
in any such action, such plaintiff shall not have costs against the
defendant unless the Judge before whom the trial shall be shall certify
his approbation of the action and of the verdict obtained thereon.

Limitation of 14. And be it enacted that all prosecutions for the recovery of any

” of the forfeitures and penalties imposed by this Act must be commenced within one calendar month after the offence committed for which such penalty or forfeiture shall be incurred.

Recovery and 15. And be it enacted that all informations and proceedings in

ow * respect of any offences under this Act shall be heard and determined and the forfeitures and penalties in respect of the same shall be awarded and imposed in a summary way by or before two or more Justices of the Peace, according to the provisions of an Act of Council passed in the seventh year of the reign of Her present Majesty, intituled “An Act to regulate Summary Proceedings before Justices of the Peace; ' and that any fines, forfeitures, or penalties recovered under this Act shall be appropriated to the use of the Trust of that town within which the offence was committed.

Appeal 16. And be it enacted that if any person shall think himself aggrieved by any judgment or conviction made under this Act, such person may appeal therefrom to the next Court of Quarter Sessions.

Act may be 17, And be it enacted that this Act may be amended or repealed
amended by any Act to be passed during this present session.
JOHN HUTT.
GoverNOR.

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An Act for the adjustment of Divisional Boundaries of
Allotments in Towns, and to prevent Litigation from
undesigned encroachments on adjoining Allotments.
[Assented to 22nd Mugust, 1844.

Preamble HEREAS surveys of the several towns in the Colony of Western Australia are about to be made for the purpose of a proper it..." alignment of the streets of such towns respectively, and whereas it is *ity is T.

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