Extent of The whole The whole The whole The whole The whole 37th Vic., No. 13. An Act for licensing Carts' The whole Number { SECOND SCHEDULE License for any Cart or Carriage not intended to be used for the Conveyance of Passengers for hire. Whereas A.B., the owner of a certain cart or carriage (here describe the same) not intended to be used for the conveyance of passengers for hire, has applied to me to grant him a license for the same under the provisions of 'The Cart and 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 until the 31st day of December next ensuing. Given under my hand, this day of C.D. Authorised in this behalf by the (name of licensing body). Number License for any Cart or Carriage intended to be used for the Whereas A.B., the owner of a certain cart or carriage (here describe the same) intended to be used for the conveyance of passengers for hire, has applied to me to grant him a license for the same under the provisions of 'The Cart and Carts and Carriages Carriage Licensing Act, 1876,' and has this day paid to me the sum payable for 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 sad cart or carriage. A.B. An Act to make provision for the Higher Education of THEREAS 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.' 2. Governors of the High School of Perth shall forthwith be and become a body politic and corporate, with perpetual succession by the name or style of 'The Governors of the High School, Perth,' and shall have a common seal, and shall by the same name from time to time and at all times hereafter be capable to receive, purchase, acquire, take, 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 nature 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 Short title Appointment of a corporation Retirement of Power to Governor to pay certain moneys to the governors Powers of 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 governors, 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. 5. The said governors shall cause accounts to be kept of all moneys received by them for the purposes of the said school, and of all school fees, and shall submit such accounts at least once a year to the examination of the Auditor General. They shall also make an annual report to the Governor, showing the condition and prospects of the School; and any such report shall be laid on the table of the Legislative Council. WILLIAM C. F. ROBINSON, GOVERNOR. Removal of Guano-Trespass on Crown Lands WESTERN AUSTRALIA ANNO QUADRAGESIMO VICTORIÆ REGINE No. 9 An Act to make further provision for the punishment of persons trespassing on certain portions of the Crown Lands in Western Australia. WE [Assented to 12th September, 1876 HEREAS it is expedient to make further provision for the Preamble 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, Interpretation gypsum, dung, compost, and manure of kind. any 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, until the said information shall have been tried or otherwise disposed of. clause Persons removing guano withpunishable out a license Power to certain persons to seize ships engaged in removing guano Attorney General to take proview to condem ceedings with a 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, ship nation of such Power to Judge unless notice given to claim the same Removal of Guano-Trespass on Crown Lands charging that the said ship has been engaged in collecting guano on some part of the waste lands aforesaid, without a license as aforesaid, and has been seized under the provisions of this Act; and in such information it shall not be necessary to name the said master or owners, but they may be described as the master and owners. 5. At any time after the expiration of thirty days from the filing to condemn ship 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. 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 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 (11.) 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 |