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Perth Drain Act and Rating

Preamble

Rate of the 28th

June, 1875, de

clared valid for a certain time

City Council empowered to declare new rate

WESTERN AUSTRALIA

ANNO TRIGESIMO NONO

VICTORIÆ REGINE

No. 17

An Act to declare valid a certain Rate made by the Perth City Council on the twenty-eighth day of June, one thousand eight hundred and seventy-five, and commonly called the Drainage Rate.

WH

[Assented to 31st December, 1875.

THEREAS the Council and burgesses of the City of Perth, herein called The Perth City Council,' did on the eleventh day of November, one thousand eight hundred and seventy-four, with the sanction of the then Governor, with the advice of his Executive Council, by virtue of and in pursuance of the forty-third section of The Municipal Institutions Act, 1871,' borrow from the then Colonial Treasurer of the Colony of Western Australia the sum of two thousand pounds on the credit of their revenues, with interest after the rate of six pounds per centum per annum; and the said Perth City Council did in further pursuance of the said section on the twentyeighth day of June, one thousand eight hundred and seventy-five, under their common seal, assess and declare from the date thereof a general rate of sixpence in the pound for each half-year upon all rateable property within the limits of their municipality until the said debt should have been thereby paid, and such general rate was to be in addition to the annual rate in the said Act mentioned; and whereas doubts have arisen as to the validity of the said rate so declared and as to the power of the said Perth City Council to abandon the same and assess and declare another rate in lieu thereof after a certain date, and of a less amount, and it is expedient to remove such doubts: 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. The said rate declared by the said Perth City Council on the said twenty-eighth day of June, one thousand eight hundred and seventy-five, is hereby declared to be a good, valid and legal rate to all intents and purposes for the half-year ending the twenty-eighth day of December, one thousand eight hundred and seventy-five, and the same may be recovered by the ways and means from the persons and in manner and form prescribed for the recovery of rates by The Municipal Institutions Act, 1871': Provided always that after the expiration of the said half-year the said rate shall be and be deemed to be a nullity, except for the purpose of recovering any outstanding arrears of the same.

2. The said Perth City Council is hereby authorised and required on or after the said twenty-eighth day of December, one thousand

Perth Drain Act and Rating

eight hundred and seventy-five, to declare and collect a general rate not exceeding sixpence in the pound for each half-year from its declaration towards the liquidation of the said recited Government mortgage debt as if the said rate declared as aforesaid on the twenty-eighth day of June had never been made.

3. This Act may be cited as The Perth Drainage Rate Act, 1875.' Short title WILLIAM C. F. ROBINSON,

GOVERNOR.

WESTERN AUSTRALIA

ANNO TRIGESIMO NONO

VICTORIÆ REGINA

No. 20

An Act to amend the Law concerning the Remission of
Penalties.

W

Assented to 3rd January, 1876.

HEREAS by divers Acts and Ordinances penalties are made Preamble payable in whole, or in part to parties other than the Crown, and the said penalties cannot, so far as they are payable to other parties, as aforesaid, be remitted or pardoned by the Crown where no express provision has been made for that purpose by the Act or Ordinance imposing the same, and it is expedient that the Crown should have in all cases power to remit all penalties imposed: 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. It shall be lawful for Her Majesty, or for the Governor or other Officer administering the Government of this Colony, duly commissioned by Her Majesty, to remit any fines or penalties that have become due and payable to Her Majesty, to remit in whole or in part any sum of money which, under any Ordinance or Act now in force or hereafter to be passed, may be imposed as a penalty or forfeiture on a convicted offender, although such money may be in whole or in part payable to some party other than the Crown, and to extend the prerogative of mercy to any person who may be imprisoned for nonpayment of any sum of money so imposed, although the same may be in whole or in part payable to some party other than the Crown. In case any such penalty be remitted, in whole or in part, the party to whom the same was payable, in whole or in part, as aforesaid, shall be entitled only to such portion or share of a portion of the said penalty as may not have been remitted.

2. In all cases in which any fine or penalty is inflicted under any Act or Ordinance by which such fine or penalty is made payable in whole or in part to parties other than the Crown, the Justice or Justices inflicting such fine or penalty shall, in case such fine or penalty be paid,

Penalties for

offences may be remitted by the

Governor, although ther than the Crown

parties

When fine or penalty paid, the same for one

Justices to retain

month

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Justices of the Peace, &c.

retain the same, and shall not pay over any part thereof to any person entitled thereto, until after the expiration of one calendar month from payment of the same.

WILLIAM C. F. ROBINSON,

Preamble

Time of coming

WESTERN AUSTRALIA

ANNO TRIGESIMO NONO

VICTORIÆ REGINA

No. 21

An Act for raising the sum of Twenty-six Thousand Pounds by Loan for the completion of the Railway between Geraldton and Northampton.

WHE

[Reserved 3rd January, 1876.

[Royal Assent proclaimed 23rd December, 1876.

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HEREAS by The Public Works Loan Act, 1873,' the Governor of the Colony of Western Australia was authorised to raise on loan the sum of One hundred thousand pounds, of which the sum of Eighty-nine thousand pounds was to be devoted to the construction of a Railway between Geraldton and Northampton; And whereas the said sum of Eighty-nine thousand pounds is insufficient to provide for the completion of the said railway, and it is expedient to raise on loan the further sum of Twenty-six thousand pounds for the completion of the same: 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. This Act shall come into operation from and after the prointo operation of clamation in the Government Gazette' of Her Majesty's assent to the

Act

Governor to raise twenty-six thousand pounds for completion of Railway;

to be a charge on General Revenue

Issue of debentures,

same.

2. It shall be lawful for the Governor of Western Australia to raise, for the completion of the railway in course of construction between Geraldton and Northampton, upon debentures to be issued on behalf of the Government of that Colony, any sum or sums of money not exceeding in the whole Twenty-six thousand pounds; and the amount so borrowed shall be charged on the general assets and annual revenue of the Colony, and shall constitute a charge thereon, to rank immediately after charges imposed thereon by The Public Works Loan Act, 1872,' and 'The Public Works Loan Act, 1873.'

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3. The moneys so borrowed shall be raised by the issue of debentures for amounts not less than One hundred pounds, bearing interest at a rate not exceeding five per centum per annum; and such debentures shall be paid off at par at the expiration of twenty-eight years

The Railway Supplementary Loan Act, 1875

from the date of the issue by a sinking fund equal to two per centum redeemable in on the amount of the debentures so issued.

4. To each debenture shall be attached coupons for the payment of interest half-yearly; and such interest shall be paid at the place and by the person hereinafter mentioned, on presentation of the coupon showing such interest to be due.

twenty-eight years. Sinking fund Coupons

5. All debentures shall be signed by the Governor and Colonial Debentures to be Secretary of the Colony.

6. The principal moneys secured by each and every debenture issued under this Act, and the interest accruing thereon, shall be payable at the Treasury in Western Australia, or at such place and by such person or persons outside the limits of Western Australia as the Governor of this Colony may name in that behalf by notice to be inserted in the Government Gazette,' as the holder of any such debenture may at any time that such principal or any such interest becomes due elect.

7. The Governor of Western Australia shall appropriate halfyearly out of the General Revenue of the Colony such sum as shall be sufficient to pay the said interest and sinking fund.

8. All sums paid to the account of the sinking fund, and all interest or produce therefrom, shall be invested in the names of Trustees in the purchase of Imperial, Indian, or Colonial Government Securities.

signed by Governor and Colonial Secretary

Principal and interest payable Australia, or at places outside Australia, as Governor may name, at option of holder of debenture

in Western

limits of Western

Governor to appropriate sum

to pay interest

Sinking fund to

be invested in names of Trus

tees

9. The debentures, with the coupons thereto respectively attached, Form of debenshall be in the form set forth in the Schedule to this Act.

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10. This Act may be cited and referred to as 'The Railway Short title Supplementary Loan Act, 1875.'

No.

WILLIAM C. F. ROBINSON,

GOVERNOR.

SCHEDULE

No.

WESTERN AUSTRALIA RAILWAY SUPPLEMENTARY LOAN, £26,000 Authorised by an Act of the Legislature, intituled 'The Railway Supplementary Loan Act, 1875,' by which the Principal and Interest are charged upon the general Assets and Annual Revenue of the Colony.

First Issue

In Bonds

£

Twenty-eight years after the

day of

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Debenture

hundred

of Western Australia promise to pay the holder of this
pounds, value received. They further undertake to pay the interest thereon half-
yearly throughout the whole period at the rate of
pounds sterling per
centum per annum. Both principal and interest are by The Railway Supplemen
tary Loan Act, 1875,' constituted a charge upon the public revenue and assets of
the Colony of Western Australia, ranking immediately after charges amounting

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The Railway Supplementary Loan Act, 1875

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in the aggregate to the sum of One hundred and thirty-five thousand pounds im-
posed thereon by The Public Works Loan Act, 1872,' and The Public Works
Loan Act, 1873,' respectively, and are payable at the Treasury, Perth, in the
Colony of Western Australia, or at
as the holder of this Deben-
ture may, at the time that such principal or at any time that any such interest
becomes due, elect.

Governor.
Colonial Secretary.

Preamble

Short title
Penalty for

out of season

WHE

WESTERN AUSTRALIA

ANNO QUADRAGESIMO

VICTORIA REGINÆ

No. 2

An Act to regulate Prawn Fishing.

Assented to 14th August, 1876.

HEREAS it is expedient to regulate Prawn Fishing: 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. This Act may be cited as 'The Prawn Fishing Act, 1876.'

2. From and after the passing of this Act it shall not be lawful catching prawns to kill, take, or destroy shrimps or prawns in any waters of the Colony, or to use any nets, lines, engines, or instruments for the purpose, between the first day of May and the thirtieth day of November (both inclusive) in any year. Any person offending against this provision shall, on conviction, forfeit and pay any sum not exceeding Five pounds.

Shortening
Ordinance

3. Sections A, B, F, and G of the Shortening Ordinance, 1858,' shall be incorporated with and form part of this Act. WILLIAM C. F. ROBINSON,

GOVERNOR.

Preamble

WESTERN AUSTRALIA

ANNO QUADRAGESIMO

VICTORIÆ REGINE

No. 4

An Act to extend the application of 'The Inquiries into
Wrecks Ordinance, 1864.'

WE

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[Assented to 28th August, 1876.

HEREAS by The Inquiries into Wrecks Ordinance, 1864,' certain power was given to certain persons in the said Ordinance mentioned, to make certain inquiries, and to draw up and investigate

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