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Evidence

specify that any particular persons who acted as jurors had made affirmation instead of oath, but it may be stated that they served as jurymen in the same manner as if no Act had passed for enabling persons to serve as jurymen without oath.

3. And be it enacted that whenever by any Act now in force, or hereafter to be in force, any certificate, official or public document or proceeding of any corporation, or joint stock or other company, or any certified copy of any document, by-law, entry in any register or other book, or of any other proceeding, shall be receivable in evidence of any particular in any Court of Justice, or before any legal tribunal, or in any judicial proceeding, the same shall be respectively admitted in evidence, provided they respectively purport to be sealed or impressed with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the respective Acts made or to be hereafter made, without any proof of the seal or stamp, where a seal or stamp is necessary, or of the signature, or of the official character of the person appearing to have signed the same, and without any further proof thereof in every case in which the original record could have been received in evidence.

4. And be it enacted that all Courts, Judges, Justices, Masters of Courts, Commissioners judicially acting, and other judicial officers, shall henceforth take judicial notice of the signature of any equity or common law Judge of the Civil Court, or Chairman of Quarter Sessions, of this Colony respectively, provided such signature be attached or appended to any decree, order, certificate or other judicial or official document.

5. And be it enacted that all copies of private and local and personal Acts or Ordinances of the Legislature of this Colony, purporting to be printed by the Government Printer, and of Proclamation by His Excellency the Governor, purporting to be printed by the Government Printer, or by any person authorised to act as such for the time, shall be admitted as evidence thereof by all Courts, Judges, Justices and others, without any proof being given that such copies were so printed.

6. Provided always and be it enacted that if any person shall forge the seal, stamp or signature of any such certificate, official or public document, or document or proceeding of any corporation, or joint stock or other company, or of any certified copy of any document, bylaw, entry in any register or other book, or other proceeding as aforeSaid, or shall tender in evidence any such certificate, official or public document, or document or proceeding of any corporation, or joint stock or other company, or any certified copy of any document, by-law, entry in any register or other book, or of any other proceeding, with a

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'false or counterfeit seal, stamp or signature thereto, knowing the

Same to be false or counterfeit, whether such Seal, stamp or signature be those of or relating to any corporation or company already established, or of or relating to any corporation or company to be hereafter established, or if any person shall forge the signature of any Judge, Commissioner or other officer as aforesaid to any order, decree, certificate or other judicial or official document, or shall tender in evidence any order, decree, certificate or other judicial document with WOL. I. G

Proviso, document may be impounded

Preamble

6 Wic. to be extended to Fishery contracts

Evidence

a false or counterfeit signature of any such Judge, Commissioner or other officer as aforesaid thereto, knowing the same to be false or counterfeit, or if any person shall print any copy of any private Act or Ordinance as aforesaid, which copy shall falsely purport to have been printed by the Government Printer, or by any other person so authorised as aforesaid, or shall tender in evidence any such copy, knowing that the same was not printed by the person or persons by whom it so purports to have been printed, every such person shall be guilty of felony, and shall upon conviction be liable to transportation for seven years, or to imprisonment for any term not more than three nor less than one year with hard labour: Provided also that whenever any such document as before mentioned shall have been received in evidence by virtue of this Ordinance, the said Court, Judge, Commissioner or other person officiating judicially who shall have admitted the same shall, at the request of any party against whom the same is so received, be authorised at its or his own discretion to direct that the same shall be impounded and be kept in the custody of some officer of the Court or other proper person until further order touching the same shall be given either by such Court or the Court to which such master or other officer belonged, or by the person or persons who constituted such Court, or by such Judge, Commissioner or other officer as aforesaid, on application being made for that purpose.

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HEREAS certain doubts have arisen concerning the decision of disputes between parties concerned in the bay whaling and other fisheries in this Colony, and whereas it is expedient to provide a summary remedy for such disputes: 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, that the provisions of an Act passed in the sixth year of the reign of Her present Majesty, entitled “An Act to provide a Summary Remedy in certain cases of Breach of Contract,' shall (except as hereinafter modified) apply and extend to all owners or persons fitting out or providing for the whale or other fisheries of or belonging to this Colony and all whalers and persons employed or engaged in any of the said

Master and Servant

services subject to the jurisdiction of the Colony: Provided that all the powers and authority which by the aforesaid Act are given to any two Justices may for the purposes of this Ordinance be exercised by one Justice: Provided also that no Justice who is beneficially or as agent for another interested in any particular fishery shall act or adjudicate in any matter concerning the same under this Ordinance.

2. And be it enacted that articles of agreement between any owner or employer in the fisheries and the several whalers or persons engaged by him in such service shall be in writing and signed by the parties to be charged therewith, and all such articles entered into after the passing hereof shall be signed only in the presence of some Justice of the Peace, being distinctly read over to every party before he shall be required to sign the same, and such owner or employer shall within twenty-one days from the passing hereof and on or before the twentieth day of April in every year thereafter or as soon thereafter as may be practicable deposit the original articles so signed as aforesaid at the office of the Government Resident, who shall on payment of the sum of five shillings receive and retain the same in secure custody and permit from time to time on the payment of one shilling for each signature additional signatures to be made thereto, and allow inspection thereof to any party paying sixpence; and shall on payment of ten shillings and on proof to his satisfaction of the signature of the parties sought to be charged or of the Justice or Justices attesting the same, grant to any person interested therein office copies of such articles certified as true copies under his hand and seal, which office copies so certified shall be sufficient evidence of the agreement the same as if the original articles were produced and proved according to law; and whosoever shall wilfully neglect to deposit such articles in manner aforesaid shall on conviction forfeit and pay a sum not exceeding twenty pounds.

3. And be it enacted that every owner or employer as aforesaid desirous to avail himself of the provisions hereof shall within two calendar months from the date of signing any such articles or from the passing of this Ordinance, insert a notice in the ‘Government Gazette’ Setting forth the name of every whaler or other person engaged by him in any fishery as aforesaid, and the capacity in which such person is employed, paying to the Printers of the ‘Government Gazette’ a fee of five shillings for the insertion; and no such whaler or person engaged as aforesaid whose name is not published in manner as aforesaid shall be bound by any such agreement.

4. And be it enacted that whosoever shall during the continuance of the term of service contracted for by any such articles knowingly or after two calendar months from the publication of the “Gazette’ motice as aforesaid, employ and retain or assist in employing or retaining contrary to the true intent and meaning of such articles any whaler or person who shall have so bound himself to any service still umperformed, shall on conviction for every such offence forfeit and pay a penalty not exceeding fifty pounds.

5. And be it enacted that every such whaler or person bound under articles as aforesaid who shall engage or hire himself in the Service of any other owner or employer against the consent of his master, and contrary to the intent and meaning of his articles, shall on conviction for every such offence be adjudged to forfeit to such

Proviso, jurisdiction in one Justice

Proviso, Justice interested not to act

Articles of agreement to be deposited, &c.

Names of parties to be gazetted

Penalty for employing parties articled, not exceeding £50,

Articled whalers, &c., engaging elsewhere forfeit, Wages, &c., and to suffer imprisonment, &c.

Master and Servant

owner or employer any wages or lays then or thereafter payable or deliverable under the said articles or any part thereof, and in case any such whaler or person so breaking his agreement shall have received any advance against his lays or wages on faith of such agreement, such whaler or person shall on conviction forfeit and pay a sum equal to double such advance, and out of the moneys received the amount of such advance shall be paid to the employer or party who disbursed the Same, and the residue thereof shall be paid to the use of Her Majesty, her heirs and successors, for the public uses of the Colony, and the offender may further be committed to prison for a period not exceeding three calendar months, and during that period to be kept to hard labour, as to the convicting Justice may seem reasonable.

too 6. Provided always and be it enacted that nothing herein con

Moriant sea tained shall prevent any whaler or other person being engaged by his

men's Act employer to serve as a seaman in accordance with the provisions of an Act of the Imperial Parliament of the fifth and sixth years of the reign of His late Majesty King William the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Merchant Seamen of the United Kingdom and for Forming and Maintaining a Register of all the Men engaged in that Service.”

Justice may re- 7. And be it enacted that all sums of money received by any

*** Justice of the Peace under this Ordinance for the reception, inspection or certified copy of any such articles as aforesaid, shall or may be retained by such Justice for his own use and benefit.

Limitation of 8. And be it enacted that all informations and proceedings for {..., offences against this Ordinance shall be commenced within three calendar months after the offences thereby respectively charged shall

have been committed.

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An Ordinance to make perpetual an Ordinance intituled “An Ordinance to make provision for the Trial of Criminal Offences at Albany and other remote Districts of the Colony of Western Australia.’ [Assented to 20th July, 1848. 9 Víc., No. 4, HEREAS an Ordinance was passed in the ninth year of the reign

made perpetual. of Her present Majesty, intituled “An Ordinance to make provision for the Trial of Criminal Offences at Albany and other remote

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HEREAS it is expedient to make provision for the better regulating of Gaols, Prisons and Houses of Correction in the Colony of Western Australia : Be it therefore enacted by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof, that all the houses, buildings, enclosures and places now used, occupied and supported by the Government of the Colony as public gaols or prisons at Perth, Fremantle, Rottnest and Albany shall be and are hereby declared to be and to have been respectively the legal public gaols and prisons belonging to the said Colony, and, except the said prison of Rottnest, shall be subject to the several provisions hereinafter made for the regulation, management, care and discipline of the same and of the prisoners therein respectively confined: Provided always that nothing in this Ordinance contained shall be deemed to repeal, wholly or in part, an Ordinance passed in a session held in the fourth and fifth years of the reign of Her present Majesty, intituled “An Act to constitute the Island of Rottnest a Legal Prison.’ 2. And be it enacted that all buildings, erections, houses and premises which shall hereafter be erected, purchased, enlarged and maintained at the public expense, and which shall, by proclamation published in the ‘Government Gazette,’ be declared and notified to be public gaols or prisons shall, from and after the publication of such notification, be severally deemed and taken to be the public gaol or prison of the place or district where the same is or shall be situated within the said Colony, and shall be subject to the several provisions hereinafter made for the regulation, management, care and discipline of

Preamble

What buildings, &c., to be deemed the public Gaols and Houses of Correction of the Colony

This Ordinance not to be deemed to repeal any part of 4 & 5 Vic., No. 21

Governor may by
proclamation ap-
point places to
be used as public
gaols

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