Sivut kuvina
PDF
ePub

Carts and Carriages

Carriage Licensing Act, 1876,’ and has this day paid to me the sum payable for
the same under the said Act; I do therefore give to the said A.B. this license to
keep and use the said cart or carriage on any road of the Colony, and to carry therein
the number of passengers, until the 31st day of December next ensuing.
Given under my hand, this day of
- A.B.
Authorised in this behalf by the (name of licensing body).

The following are the persons authorised by this license to drive the said cart or carriage. A

[ocr errors]
[merged small][ocr errors][merged small][ocr errors][merged small][merged small]

No. 8
An Act to make provision for the Higher Education of
Boys. [Assented to 12th September, 1876.

HEREAS it is expedient to make provision for the establish- preamble ment of a High School for the purpose of giving to Boys an education similar to that given in the Grammar and advanced Schools in the other Australasian Colonies; 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 High School Act, 1876.’ Short title

2. Governors of the High School of Perth shall forthwith be and Appointment of become a body politic and corporate, with perpetual succession by the #; name or style of ‘The Governors of the High School, Perth,’ and shall so& bi have a common seal, and shall by the same name from time to time o and at all times hereafter be capable to receive, purchase, acquire, take, Governors to be and hold, to them and their successors, in trust for and to and for “” the purposes of such school, any messuages, lands, tenements, and hereditaments, of what mature or kind soever; and also to receive, purchase, acquire, and possess, upon the same trust, and to and for the Same purposes, any goods, chattels, gifts, or benefactions whatsoever; and shall and may by the same name be capable to sue and be sued, both at law and in equity; and shall and may by the same name be

[graphic]

Retirement of
Governors

Power to Gover

nor to pay cer

tain moneys to
the governors

Powers of
Governors

i - Governors to - | keep accounts . and submit to audit

High School Act—1876

capable to grant, demise, alien, or otherwise deal with all or any of the property, real or personal, belonging to the said school; and also to do all other matters and things, and have and enjoy all rights and privileges incidental to or appertaining to a body politic or corporate.

3. Whenever the said governors shall report to the Governor that they have secured possession of a suitable building and premises for the purpose of the High School; that they will be ready, from a day to be named by them or from the day of their obtaining a suitable head master, to open the said school, and to give at the said school an exclusively secular education, at a cost not to exceed Twelve pounds a year for each pupil, and that they are prepared to take upon themselves the management of the said school, it shall be lawful for the Governor, with the advice of the Executive Council, by warrant under his hand to direct to be issued and paid to the said govermors, out of the general revenue of the Colony, for the purposes of the said school, a sum not exceeding Seven hundred pounds for the first year, Six hundred pounds for the second year, and Five hundred pounds for the third year, from the day of the actual opening of the said school; and from and after the expiration of three years, to pay to the said governors a sum equal to double the school fees received by them in any year; provided always that such sum does not exceed the sum of Five hundred pounds in any year.

4. It shall be lawful for the said governors, with the approval of the Governor in Executive Council, to make by-laws and regulations for the regulation of their own proceedings, and respecting the division of the year into three convenient terms, the hours to be observed, the course of study to be followed, the punishments to be allowed, and generally respecting the internal conduct and management of the Said school; subject to the said regulations, the management and control of the said school shall be vested entirely in the said governors. Provided always that the education to be given at such school shall be exclusively secular, and that it shall not be lawful for the said governors to appoint or have as head master of the said school any minister of religion, or anyone who is not a graduate of some recognised University; provided, also, that it shall be lawful for the governors, by any such by-laws or regulations as aforesaid, to require any master of the said school to take in pupils as boarders, on such terms as may be stated therein; provided, further, that any such by-laws or regulations be laid upon the table of the Legislative Council during the session next after the making of the same.

[blocks in formation]
[graphic]
[graphic]
[merged small][merged small][merged small][ocr errors]

An Act to make further provision for the punishment of
persons trespassing on certain portions of the Crown
Lands in Western Australia.
[Assented to 12th September, 1876

W WHEREAS it is expedient to make further provision for the punishment of persons landing and taking away certain deposits of guano existing in certain remote parts of the Colony; 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 word “guano' shall include all phosphorated substances, gypsum, dung, compost, and manure of any kind.

2. Any person collecting or removing guano on or from any place forming part of the territorial dominion of Western Australia, without being duly licensed thereunto by the Commissioner of Crown Lands, or Some person authorised by him in that behalf, shall, irrespectively of any liability or penalty that he may thereby incur under any Law, Act, or Ordinance now in force, be guilty of a misdemeanour, and shall, on conviction thereof, be punishable with imprisonment, with or without hard labour, for any period not exceeding twelve calendar months.

3. It shall be lawful for any officer of Her Majesty's army or navy (being on full pay) or for any principal officer of customs, or Collector of Revenue, or Justice of the Peace, to seize any ship (together with her tackle, apparel, furniture, and everything on board her) at any place within the limits of the Colony that may be engaged in collecting guano on any part of the waste lands aforesaid, without a license, and to bring such ship, together with her tackle, apparel, furniture, and everything on board her, to the port of Fremantle, and to there keep possession of her, her tackle, apparel, furniture, and everything on board her, for the space of six weeks, unless within that time an information be filed as hereinafter stated, in which case such officer, collector, or justice, as aforesaid, shall retain possession of the said ship, her tackle, apparel, furniture, and everything on board her, : the said information shall have been tried or otherwise disposed of.

4. It shall be lawful for the Attorney General, within six weeks after any such ship shall have been brought into the port of Fremantle as aforesaid, to file an information in the office of the Master of the Supreme Court against the master and owners of the said ship,

[merged small][merged small][merged small][merged small][merged small][graphic]

Power to Judge to condemn ship unless notice given to claim the same

On such notice being given, Attorney General to proceed to trial

Appropriation of forfeitures

When ship to be deemed to be collecting guano Without license

[blocks in formation]

5. At any time after the expiration of thirty days from the filing of any such information as aforesaid, it shall be lawful for any Judge of the Supreme Court to declare the said ship, together with her said tackle, apparel, furniture, and everything on board her, forfeited to the use of Her Majesty, unless in the meantime the owner of such ship, or of her said tackle, apparel, furniture, or anything on board her, or some person authorised by him, or acting in his behalf, shall give notice to the Master of the Supreme Court that he intends to claim the said ship, or her said tackle, apparel, furniture, or anything on board her, and shall give security for the payment of any costs that may be awarded against him, in which case it shall not be lawful for the said Judge to declare forfeited anything that may be comprised in the said notice of claim.

6. On any such notice and security being given as last aforesaid, the Attorney General shall proceed to have the said information tried in the same way that informations are ordinarily tried, with all reasonable despatch, and at such trial it shall be lawful for the said person or persons who have given the said notice as aforesaid to appear as defendant or defendants. If, on the trial of such information, in the Supreme Court, it be made to appear that the said ship claimed as aforesaid was engaged, as aforesaid, in collecting guano on some part of the waste lands aforesaid, without a license as aforesaid, or that the tackle, apparel, furniture, or other thing claimed as aforesaid, belonged to, or was on board any ship engaged as aforesaid at the time she was so engaged, the said Judge shall declare the said ship, tackle, apparel, furniture, or other thing claimed as aforesaid, forfeited to the use of Her Majesty, and may make such order as to costs as may seem to him right.

7. Any ship or thing declared to be forfeited under this Act to the use of Her Majesty, shall at once become and be the property of Her Majesty, and shall be dealt with at the discretion of the Governor for the public use of the Colony.

8. Any ship shall, for all purposes of this Act, be deemed to be engaged in collecting guano on some part of the waste lands of the Crown in the Colony without a license, if she

(1.) Has on board her any guano collected as aforesaid, by persons not licensed as aforesaid to collect and remove guano ; or

(II.) Has within three calendar months brought to Some island or place, forming part of the waste lands aforesaid, any persons who, not being licensed as aforesaid, shall have commenced to collect or remove guano on or from such island or place.

Any guano that may be discovered on board any ship found within. three miles of any island or place forming part of the waste lands. Removal of Guano–Trespass on Crown Lands

[graphic][graphic]
[graphic]

aforesaid on which guano deposits exist, shall be deemed to have been collected on Such island or place, unless the contrary be shown.

9. When a ship has been seized under this Act, and, within six weeks after such ship is brought into the port of Fremantle as aforesaid, no information be filed by the Attorney General in the Supreme Court, charging as aforesaid; or when such information has been filed, if upon the trial thereof it appear that such seizure was without reasonable cause, or if proceedings on such information be abandoned and not prosecuted; in any such case, when no judgment of forfeiture be obtained, compensation shall be paid to any person or persons for any loss or damage which he or they may have sustained by reason of the seizure and detention of the ship, her tackle, apparel, furniture, and anything on board. And all moneys so payable in respect of the seizure or detention as aforesaid, under this Act shall be paid from

public funds, by warrant of the Governor on the Colonial Treasurer.

WILLIAM C. F. ROBINSON,
GOVERNOR.

W E S T E R N A U S T R A L I A
ANNO QUADRAGESIMO PRIMO

VICTORIAE REGINAE
No. 1

An Act to provide for the more convenient administration of ‘The Extradition Acts, 1870 and 1873.” [Assented to 25th July, 1877.

HEREAS by the Act of the Imperial Parliament known as ‘The Extradition Act, 1870,’ it is amongst other things enacted that the said Act when applied by Order in Council, shall, unless it is otherwise provided by such Order, extend to every British possession, but with the following among other modifications, namely:—

No warrant of a Secretary of State shall be required, and all powers vested in, or Acts authorised or required to be dome under the said Act by the Police Magistrates and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the Governor of the British possession alone;

and any prison in the British possession may be substituted for a prison in Middlesex.

And whereas by the said Act it is also enacted that :—
If by any law or Ordinance made before or after the passing of the

[merged small][merged small][merged small][merged small][ocr errors][graphic][graphic][graphic]
« EdellinenJatka »