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Removal of Guano-Trespass on Crown Lands

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.

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WESTERN AUSTRALIA

ANNO QUADRAGESIMO PRIMO

VICTORIÆ REGINE

No. 1

An Act to provide for the more convenient administration of The Extradition Acts, 1870 and 1873.'

WE

6

[Assented to 25th July, 1877.

HEREAS by the Act of the Imperial Parliament known as Preamble
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 done 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 posses-
sion 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

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Powers of Police

Magistrates in relation to Ex

tradition under the Imperial Acts

Suspending clause

Extradition Act, 1877

said Act by the legislature of any British possession, provision is made for carrying into effect, within such possession, the surrender of fugitive criminals who are in, or suspected of being in such British possession, Her Majesty may, by the order in Council applying the said Act in the case of any foreign state, or by any subsequent Order, either

Suspend the operation within any such British possession of the said Act, or any part thereof, so far as it relates to such foreign state, and as so long as such law or Ordinance continues in force there, and no longer;

Or direct that such law or Ordinance, or any part thereof, shall have effect in such British possession, with or without modifications and alterations, as if it were part of said Act.

And whereas by another Act of the Imperial Parliament known as 'The Extradition Act of 1873' it is enacted that the said Act shall be construed as one with 'The Extradition Act, 1870,' and that the said two Acts may be cited together as The Extradition Acts, 1870 and 1873.'

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And whereas it is expedient to provide for the more convenient administration within the Colony of The Extradition Acts, 1870 and 1878,' by conferring on the Police Magistrates of the Colony the like powers and authorities in relation to the surrender of Fugitive Criminals as are by the said Acts vested in Police Magistrates and Justices of the Peace in the United Kingdom.

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 Extradition Act, Western Australia, 1877.'

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2. All powers vested in and acts authorised or required to be done by a Police Magistrate or any Justice of the Peace in relation to the surrender of Fugitive Criminals in the United Kingdom, under The Extradition Acts, 1870 and 1873,' are hereby vested in, and may in the Colony be exercised and done by, any Police Magistrate, in relation to the surrender of Fugitive Criminals under the said Acts.

3. This Act shall not come into operation until Her Majesty shall by Order in Council direct that this Act shall have effect within the Colony as if it were part of The Extradition Act, 1870,' but this Act shall thereafter come into operation as soon as such Order in Council shall have been publicly made known in the Colony.

WILLIAM C. F. ROBINSON,

GOVERNOR.

The Road Parties Discipline Act, 1877

WESTERN AUSTRALIA

ANNO QUADRAGESIMO PRIMO

VICTORIÆ REGINE

No. 2

An Act to make further provision for the maintenance of
discipline among prisoners employed outside the walls
of a prison.
[Assented to 25th July, 1877.

WHE

HEREAS by divers Acts and Ordinances power is given to the Preamble Governor to have prisoners, sentenced either to penal servitude or to imprisonment with hard labour, employed beyond the limits of any gaol, penal settlement, or other place of confinement, upon the roads or other public works of the Colony, but no provision has been made to punish persons who hold intercourse with the said prisoners beyond the limits of any such gaol, penal settlement, or other place of confinement, and it is expedient to make such provision; 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 for all purposes as 'The Road Parties Short title Discipline Act, 1877.'

course with prisoners

2. Any person who, without the permission of the Governor or Holding intersome person duly authorised to give such permission, shall wilfully or designedly hold intercourse with any person serving under an unremitted sentence of penal servitude or imprisonment with hard labour, and not having a ticket-of-leave, shall, on a first conviction thereof in Penalty a summary manner, before any one or more Justice or Justices of the Peace, forfeit and pay any sum not exceeding Ten pounds; and in default of payment thereof, shall be imprisoned, with or without hard labour, for any term not exceeding three calendar months; and every person so offending, after a previous summary conviction of such person for such offence, shall, on conviction thereof in a summary manner Penalty for as aforesaid, forfeit and pay any sum not exceeding Twenty-five pounds, and in default of payment thereof shall be imprisoned, with or without hard labour, for any term not exceeding six calendar months.

WILLIAM C. F. ROBINSON,

second offence

GOVERNOR.

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Closing of certain Streets in Fremantle

Preamble

All rights of the public to cease over certain portions of certain streets

WESTERN AUSTRALIA

ANNO QUADRAGESIMO PRIMO

VICTORIÆ REGINE

No. 6

An Act to provide for the enclosure of certain portions of certain streets in the Town of Fremantle.

WHE

[Assented to 6th August, 1877.

THEREAS certain pieces of land in the Town of Fremantle, more particularly described in the Schedule hereto, have hitherto formed portions of certain public streets in the said town, and it is expedient that the said pieces of land should cease to form portions of the said streets; 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. All rights of way in and over such portions of certain streets and thoroughfares in the Town of Fremantle, as are described in the Schedule hereto, shall henceforth cease and determine, and it shall be lawful for Her Majesty to deal with the said portions of the said streets and thoroughfares as if they had never formed portions of the said streets and thoroughfares.

WILLIAM C. F. ROBINSON,

GOVERNOR.

SCHEDULE

PART I

CONTENT ABOUT 1 ROOD 4 PERCHES

Bounded on the North-east by a line starting from a point 75 links Southwesterly in prolongation of the South-east side of Adelaide Street from the West corner of Fremantle Town Lot 561, and extending South-easterly parallel to the North side of Queen Street for about 424 links to a point where the North-west side of High Street produced South-westerly would intersect it; thence Southwesterly in the same direction as High Street for about 65 links to the boundary of Fremantle Lot 390.

On the North-west by a South-westerly line (parallel to the North-west side of Adelaide Street, and at a distance from it of 100 links) from the first above-mentioned starting point of about 505 links to a point where the North-west side of High Street produced North-easterly would intersect it, and thence North-easterly in the same direction as High Street for about 30 links to the boundary of Fre mantle Lot 390; and on the South-east and South-west by the North-west and North-east sides of Fremantle Lot 390.

Closing of certain Streets in Fremantle

PART II

CONTENT ABOUT 1 ROOD 30 PERCHES

Bounded on the South-west by a line starting from a point 75 links Northwesterly in prolongation of the North side of William Street from the West corner of Fremantle Lot 539, and extending North-westerly parallel to the South side of William Street for about 435 links to a point where the South-east side of High Street produced North-easterly would intersect it; thence North-easterly in the same direction as High Street for about 80 links to the boundary of Fremantle Lot 390.

On the South-east by a North-easterly line (parallel to the westward sides of Lots 539, 538, 537, and 536, and distant from them 75 links from the first-mentioned starting point) of about 545 links to a point where the South-east side of High Street produced South-westerly would intersect it, and thence South-westerly in the same direction as High Street for about 70 links to the boundary of Fremantle Lot 390; and on the North-west and North-east by the South-east and South-west sides of Fremantle Lot 390. All measurements more or less.

WESTERN AUSTRALIA

ANNO QUADRAGESIMO PRIMO

VICTORIÆ REGINE

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No. 7

An Act to amend The Industrial Schools Act, 1874.'

WH

[Assented to 6th August, 1877.

HEREAS it is expedient to amend 'The Industrial Schools Preamble Act, 1874'; 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 for all purposes as The Industrial Short title Schools Act, 1874, Amendment Act, 1877.'

2. No infant voluntarily surrendered, or surrendering himself or herself, or taken in accordance with the provisions of the fifth section of the said Act, into any school, orphanage, or other institution certified under the said Act, shall be or be deemed to be in the custody of the certified manager or director thereof, nor shall such certified manager or director acquire or have all or any of the powers or privileges of a father over or in respect of such infant, nor shall he be or be deemed to be the lawful guardian of such infant, unless such infant either be an actual inmate of such certified school, orphanage, or institution as aforesaid, or, being over twelve years of age, shall have been educated as an inmate of such certified school, orphanage, or other institution, for a period of at least one year.

3. No indenture or other instrument of apprenticeship, which may purport to bind as apprentice any infant who may have been surrendered or taken into any certified school, orphanage, or other institution,

No certified Manager to of a guardian, unless child is orphanage, or inmate thereof for one year

acquire powers

actually in the

has been an

No Indenture of

apprenticeship valid, unless

infant a party to

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