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Copies to be evidence
Expenses, by whom payable
Service of proceedings
Foreign Seamen Offences
on board any such vessel, to call any subscribing or attesting witness thereto, but such list, roll, articles, or agreement as aforesaid may be proved as if there were no such subscribing or attesting witness, and a copy of any such list, roll, articles, or agreement as aforesaid, certified under the hand of the consul of the nation or state to which such vessel shall belong to be a true copy, shall be received as prima facie evidence of the existence and contents thereof, and the certificate of the consul of any nation or state in which such list, roll, articles, or agreement shall have been made as to the true spirit, effect, and meaning thereof, according to the law of such nation or state, shall be received as prima facie evidence of the effect of such list, roll, articles, or agreement in all matters not inconsistent with the language thereof respectively, and in any proceeding under this Act, such Justices may, in their discretion, receive proof of matters as evidence, although not admissible according to the strict rules of law.
10. All expenses incidental to the apprehension, confinement, and removal of any seaman, under and by the virtue of the power and authority conferred by this Act, shall be paid by the consul, master, mate, or other person at whose instance such seaman shall have been apprehended, proceeded against, or removed.
11. The service of any summons or other matter in any legal proceedings under this Act, shall be good service if made personally on the person to be served, or if made by leaving such summons for him on board any vessel to which he may belong, with the person being or appearing to be in command or charge of such vessel.
H. ST. GEORGE ORD,
Local Board' in sec. 2
ANNO QUADRAGESIMO SECUNDO
An Act to explain The Colonial Passengers' Amendment
[Assented to 16th July, 1878.
WHEREAS doubts have arisen as to the meaning and effect of certain provisions of 'The Colonial Passengers' Amendment Ordinance, 1868,' 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 examiners appointed in pursuance of section three and mentioned in section four of the said Ordinance shall constitute the local board mentioned in section two of the same.
'Local Board' in sec. 3
2. The local board mentioned in section five of the said Ordinance Meaning of shall be composed of such persons as the Governor may, as occasion shall arise, appoint for the purpose of investigating any case falling within the scope of the said section, and such board shall from time to time assemble and conduct their investigation at such place or places as to the members thereof shall seem fit.
H. ST. GEORGE ORD,
ANNO QUADRAGESIMO SECUNDO
An Act for raising the sum of Two Hundred Thousand
HEREAS it is expedient to raise on loan the sum of Two Hundred Thousand Pounds, to be expended on the Public Works enumerated in the Schedule to this Act annexed, in the amounts mentioned respectively: 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 Loan Act, 1878.' 2. It shall be lawful for the Governor of Western Australia to raise, by the issue of debentures under this Act, any sum or sums not exceeding in the whole Two hundred thousand pounds sterling, to be expended on the public works enumerated in the Schedule to this Act.
3. The principal moneys and interest secured by the debentures issued under this Act are hereby charged upon and shall be payable out of the general revenues and assets of the Government of Western Australia, and shall constitute a charge thereon, to rank next after the sums of Thirty-five thousand pounds, One hundred thousand pounds, and Twenty-six thousand pounds, already charged thereon by Acts of the Legislature of the Colony.
Power to borrow
Two hundred thousand pounds on debentures
Loan to be charged upon
4. Every debenture issued under this Act shall be for a sum not Amount of each less than One hundred pounds sterling, and shall bear interest at a rate not exceeding five per cent. per annum.
5. The debentures shall be issued in London, on behalf of the Government of Western Australia, by the Crown Agents for the Colonies (in this Act referred to as the Crown Agents), and shall be signed by them on that behalf.
debenture and rate of interest
Issue, &c., of debentures
Registry of debentures
Interest on coupons
Form of debentures and coupons
Debentures and coupons trans
Mode of providing for payment of interest and principal
Application of money remitted
to Crown Agents
Payment of interest
Application of sinking fund
The Loan Act, 1878
6. Every debenture shall, before being issued, be registered in a Register Book, to be kept for that purpose at the office in London of the Crown Agents.
7. There shall be attached to every debenture coupons for the payment of the interest, to become due in each half-year upon the principal secured by the debenture. The coupons shall be sufficient in number to provide for the payment of the interest, either during the whole period for which the debenture has to run, or for such limited period as the Crown Agents, acting on behalf of the Government of Western Australia, may determine.
8. The debentures, and the coupons thereto, may be in such form as the Governor, or the Crown Agents acting on his behalf, may direct or approve.
9. Every debenture and coupon, and the right to receive the principal and interest secured or represented thereby, shall be transferable by delivery.
10. So long as any of the debentures remain outstanding, the Governor shall, in each half-year ending with the day on which the interest on the debentures fall due, appropriate out of the general revenues and assets of this Colony, a sum equal to one-half of the annual interest and one-half per cent. in addition thereto on the whole of the debentures previously issued, including any which may have been purchased or redeemed, as hereinafter mentioned, and remit that sum to the Crown Agents at such times as will enable them to pay thereout the then current half-year's interest on the day when it falls due.
11. The Crown Agents shall, subject to the approval of Her Majesty's Principal Secretary of State for the Colonies for the time being, place and keep the moneys so remitted to them, or so much thereof as may not be required for immediate payment, on deposit at interest in their names, with some Bank or Banks in London or Westminster, and shall hold all such moneys and the accumulations thereon in trust, to apply them, in the first place, in payment of the interest for the current half-year upon the debentures for the time being outstanding, and, in the next place, in the formation of a sinking fund.
12. The interest upon the principal sum secured by each debenture shall be due upon the day named in that behalf in the debenture, and shall be paid half-yearly, on the days named in that behalf on the debentures, at the office in London of the Crown Agents.
13. The sinking fund shall be applied, in the first place, in payment of all expenses of, or incidental to, the purchase or redemption of debentures, including the charges of the notary public attending at any drawing thereof, and the costs and expenses of all notices required by this Act to be served; and in the next place, and subject to the aforesaid payment, in repayment of the principal moneys for the time being secured by the said debentures.
The Loan Act, 1878
be redeemed by annual drawings
purchase or by
14. The debentures shall, at the option of the Crown Agents, Debentures to subject to the approval of Her Majesty's Principal Secretary of State for the Colonies for the time being, be redeemed either by purchase in the open market or by annual drawings, and, subject to the aforesaid payments, the sum to be applied annually to such purchase or redemption shall correspond as nearly as may be to, but not exceed, the amount for the time being standing to the credit of the sinking fund.
day for draw
15. So long as any of the debentures remain outstanding and Appointment of unsatisfied, the Crown Agents shall in every year after the day on which the first of the debentures is issued, unless the whole of the money applicable in that year to the purchase or redemption of debentures has been applied in the purchase thereof, appoint a day in that year for the drawing by lot of the debentures to be redeemed. 16. If a day is appointed for drawing, the Crown Agents shall give, by advertisement in the London Times' Newspaper, not less than fifteen days' previous notice, specifying the day on which, and the hour and place at which, the drawing will take place, and the nominal amount of the debentures to be redeemed at that drawing.
Notice of time pointed for drawing
and place ap
17. On the day and at the hour and place so specified, the Crown Mode of drawing Agents shall hold a meeting, at which the holder of any debenture may, if he thinks fit, be present, and shall then, in the presence of such debenture holders (if any) as may attend, and of a Notary Public, draw by lot, out of the whole number of debentures for the time being outstanding, debentures of the specified nominal amount. 18. The Crown Agents shall thereupon declare the distinguishing Notice of debennumbers of the debentures drawn for redemption, and shall, as soon as may be, by advertisement in the London Times' Newspaper, specify those numbers; and the principal moneys secured by the debentures so distinguished, together with all interest due thereon, shall be payable on demand to the holders thereof at the office of the Crown Agents in London, on the day on which the then current half-year's interest thereon is payable.
19. From and after the day appointed for the repayment of any debentures, all interest on the principal moneys secured thereby shall cease and determine, whether payment of the principal have or have not been demanded.
tures drawn for redemption
interest from day appointed principal
for payment of
20. Upon the repayment of the principal moneys secured by any Redeemed dedebenture, the debenture, with all the coupons thereunto belonging, bentures to be shall be delivered up to the Crown Agents, to be by them cancelled, and forwarded to the Government of Western Australia. debenture redeemed by purchase shall likewise be so cancelled and forwarded.
21. No money applied in redemption of a debenture shall be Money repaid not re-borrowed, and no debenture shall be issued in respect of, or in to be borrowed substitution for, any cancelled debenture.
H. ST. GEORGE ORD,
The Loan Act, 1878
For the Construction of the Eastern Railway, with Surveys for its
Repeal of 19 Vic.,
An Act to repeal certain Ordinances now in force respecting the licensing of Boats and Boatmen, and to make other provision in lieu thereof.
[Assented to 24th July, 1878.
HEREAS it is expedient to repeal the Ordinances now in force. respecting the licensing of Boats and Boatmen, and to make other provision in lieu thereof: 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 Boat Licensing Act, 1878.'
2. From and after the thirty-first day of December, in the present year, the following Ordinances, or parts of Ordinances, shall be repealed (that is to say)-an Ordinance passed in the nineteenth year of the reign of Her present Majesty, and numbered fifteen; an Ordinance passed in the 24th year of the reign of Her present Majesty, and numbered nine; sections four to nine (both inclusive) of an Ordinance passed in the 25th year of the reign of Her present Majesty, and numbered twelve; and an Ordinance passed in the 27th year of the reign of Her present Majesty and numbered eight.
3. The term 'boat,' as used in this Act, shall be construed to apply to any description of boat of a tonnage not exceeding two tons.
The term 'vessel' shall apply to any description of boat, flat, barge, or vessel, other than a steamer, and of a tonnage exceeding two tons.