Divorce and Matrimonial Causes—Amendment separation on the ground of cruelty; and such order may further provide, (1) That the husband shall pay to his wife such weekly sum as the Court or magistrate may consider to be in accordance with his means, and with any means which the wife may have for her support, and the payment of any sum of money so ordered shall be enforceable and enforced against the husband in the same manner as the payment of money is enforced under an order of affiliation; and the Court or magistrate by whom any such order for payment of money shall be made shall have power from time to time to vary the same on the application of either the husband or the wife, upon proof that the means of the husband or wife have been altered in amount since the original order or any subsequent order varying it shall have been made. (2) That the legal custody of any children of the marriage under the age of ten years shall, in the discretion of the Court or magistrate, be given to the wife. Provided always, that no order for payment of money by the husband, or for the custody of children by the wife, shall be made in favour of a wife who shall be proved to have committed adultery, unless such adultery has been condoned; and that any order for payment of money or for the custody of children may be discharged by the Court or magistrate by whom such order was made upon proof that the wife has since the making thereof been guilty of adultery; and provided also, that all orders made under this section shall be subject to appeal to the Supreme Court. H. ST. GEORGE ORD, GOVERNOR. W WESTERN AUSTRALIA ANNO QUADRAGESIMO TERTIO VICTORIÆ REGINÆ 6 No. 10 An Act to amend The Railways Act, 1878.' [Assented to 26th August, 1879. HEREAS it is expedient to give to the Commissioner of Railways more extensive powers in the making of By-laws than are conferred by the said Act, and otherwise to amend 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. Section 16 of the said Railways Act is hereby amended by inserting the words' and the Commissioner shall be deemed to be so Repeal of sections 27 and 28 of principal Act The Railways Amendment Act, 1879 satisfied, and the sum claimed as compensation shall be deemed to be determined, unless if hereafter within sixty days after receiving such notice as aforesaid he shall serve upon the claimant one or other of the notices hereinafter mentioned' after the word 'claimant,' and before the word 'if,' in the 19th line of the said section. 2. Sections 27 and 28 of the said Railways Act are hereby repealed. 3. From and after the publication of the certificate mentioned in section 26 of the said Act, it shall be lawful for the Commissioner to open such railway for public traffic, and to cause fares and tolls to be levied from and upon persons, animals, and things carried thereon, and also from time to time, subject to the approval of the Governor, and subject to the provisions and restrictions in this Act or in the said Act contained, to make regulations for the following purposes, that is to say: For 'regulating the mode by which, and the speed at which, For regulating the loading or unloading of such carriages, and For regulating the receipt and delivery and other dealings with For regulating the rates of fares and tolls to be levied from and For preventing the smoking of tobacco and the commission of any nuisance in or upon such carriages, or in or upon the railway stations or premises. And notwithstanding and in addition to the provisions of the 29th, 30th, 32nd, and 33rd sections of the said Act. For regulating the description of animals and goods which may from time to time be refused to be received for carriage on any railway. For regulating by published notice or signed contract the liability of the Commissioner as a common carrier for the loss or injury done to any animal, passenger, or thing carried on any railway. And generally For regulating the travelling upon or using and working of the railways and the maintenance of good order and rule thereon, The Railways Amendment Act, 1879 and at the stations and other buildings and premises in For regulating the conduct of the railway officers and servants; 4. For better enforcing the observance of all or any of such regula- Power to make tions, it shall be lawful for the Commissioner, subject to the like by-laws approval, to make by-laws, and from time to time to repeal such by-laws and make others. Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or the said Act. And such by-laws, when published, shall have the force of law; and the breach thereof shall be punishable in a summary manner before two Justices of the Peace by a penalty not exceeding Ten pounds. And if the infraction or non-observance of any by-law or regulation be attended with danger or annoyance to the public, or hindrance in the lawful use of the railway, it shall be lawful for any railway officer or servant summarily to interfere to obviate or remove such danger, annoyance, or hindrance; and that without prejudice to any penalty incurred by the infraction of any such by-law or otherwise. And it shall be lawful for the Commissioner to do all other acts and things which he may deem necessary to be done in order to insure the safe working of the railway. 5. Any matter or thing which by the two last preceding sections is Publication of required to be published, shall be deemed to have been duly published by-laws if the substance thereof has been set forth in the Government Gazette,' and at the stations on the line of railway. The production of a copy of the Government Gazette' containing such substance, shall be sufficient evidence of publication; and proof of publication at one station shall be prima facie proof of publication at all the stations. 6. The Justices of Peace who may inflict a penalty for breach of any by-law, may, at the same time, order the person convicted to restore or replace anew, at his own expense, any thing removed, defaced, or destroyed, and in default thereof the Commissioner may effect such restoration or replacement, and certify the costs thereof to any Justice of the Peace, who may thereupon enforce payment thereof in the same manner and under the same conviction as the original penalty is enforceable. 7. It shall be lawful for the Commissioner, with the consent in writing of the Governor, to agree with the owners of any lands, by the said Act authorised to be taken, and which shall be required for the purposes of the said Act, and with all parties having any estate or interest in such lands or by this Act enabled to sell or convey the same, for the absolute purchase for and on behalf of Her Majesty, for a consideration in money of any such lands or such part thereof as shall be thought proper, and of all estates and interests in such lands of what kind soever. Damage to be made good by wrong doer Power to pur chase lands by agreement 8. It shall be lawful for all parties being seised, possessed of, or Parties under entitled to any such lands or any estate or interest therein, to sell and disability enabled to sell and con The Railways Amendment Act, 1879 convey, or release the same to the Commissioner, for and on behalf of vey and exercise Her Majesty, and to enter into all necessary agreements for that pur other powers Power to purchase lands for additional accommodation Authority to sell purchase others pose; and particularly it shall be lawful for all or any of the following parties so seised, possessed, or entitled as aforesaid, so to sell, convey, or release (that is to say) all corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardian committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life or for lives, and years or for years, or any less interest; and the power so to sell and convey or release as aforesaid, may lawfully be exercised by all such parties other than married women entitled to dower, or lessees for life or for lives, and years or for years, or for any less interest, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such committees on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics, and idiots respectively, could have exercised the same power under the authority of this Act, if they had respectively been under no disability, and as to such trustees, executors, or administrators on behalf of their cestuisqui trustent, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuisqui trustent respectively could have exercised the same powers under the authority of this Act if they had respectively been under no disability. 9. It shall be lawful for the Commissioner, with the consent of the Governor as aforesaid, in addition to the lands authorised to be compulsorily taken by him under the said Act, to contract with any party willing to sell the same for the purchase, for and on behalf of Her Majesty, of any lands for the purpose of making and providing additional stations, yards, wharves, stallings, and places for the accommodation of passengers, and for receiving, depositing, and loading or unloading goods or cattle to be conveyed upon any railway under the authority of the said Act, and for the erection of weighing machines, toll houses, and other buildings and conveniences, and for any other purpose that may be deemed requisite or convenient for the use of the railways, and it shall be lawful for all parties who, under the provisions herein before contained, would be enabled to sell and convey lands, to sell and convey the lands so authorised to be purchased for the lastmentioned purposes. 10. It shall be lawful for the Commissioner, with the consent of such land and to the Governor as aforesaid, to sell and convey the lands which he may have so acquired for extraordinary purposes as aforesaid, or any part thereof, in such manner and for such considerations and to such persons as he may think fit, and again to purchase other lands for the like purposes, and afterwards sell and convey the same, and so from time to time. The Railways Amendment Act, 1879 11. The purchase money or compensation to be paid for any lands to be purchased or taken by the Commissioner from any party, who by reason of absence from the Colony is prevented from treating, or who cannot after diligent inquiry be found, and the compensation to be paid for any permanent injury to such lands shall be such as shall be determined by the Master of the Supreme Court. 12. Upon application by the Commissioner to the Master of the Supreme Court, and upon such proof as shall be satisfactory to him that any such party is by reason of absence from the Colony prevented from treating, or cannot after diligent inquiry be found, the said Master shall determine the same accordingly. 13. If the purchase money or compensation which shall be payable in respect of any lands or any interest therein purchased or taken by the Commissioner from any corporation, tenant for life or in tail, married woman seised in her own right or entitled to dower, guardian committee of lunatic or idiot, trustee, executor, or administrator, or persons having a partial or qualified interest only in such lands, and not entitled to sell or convey the same except under provisions of this Act, or the compensation to be paid for any permanent damage to such lands amount to or exceed the sum of Two hundred pounds, the same shall be paid into the hands of the Master of Supreme Court, to be by him deposited to the account of such Master of Supreme Court ex parte the Commissioner of Railways,' in the matter of A or B (the party entitled) pursuant to the method prescribed by any Act, or by any rules for the time being in force for regulating moneys paid into the Supreme Court in its equitable jurisdiction, and such moneys shall remain so deposited until the same be applied to some one or more of the following purposes (that is to say) :— In the redemption of the quit rent, or the discharge of any debt or In the purchase of other lands, or of Government debentures, or If such money shall be paid in respect of any buildings taken In payment to any party becoming absolutely entitled to such money. 14. Such moneys may be so applied as aforesaid upon an order of the said Court or Judge made on the petition of the party who would have been entitled to the rents and profits of the land in respect of which such money shall have been deposited; and until the money can be so applied it may, upon the like order, be invested by the said Compensation to absent parties to the Master of the Supreme Court be determined by The Master of the Supreme Court to nomi. nate surveyor Purchase money parties under disability amounting to Two hundred pounds, to be deposited in the hands of the Registrar of the payable to Supreme Court Applications of money deposited Order for application and inwhile vestment mean. |