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otherwise prescribed

Summary pro-
ceedings before a
Justice of the
Peace

Appeal

Notice of appeal

To whom to be given

Power of court of appeal

Reference to repealed Acts to be made to this Act

Shortening
Ordinance

Short title

Cattle Trespass-Fencing-Impounding

thing hereby forbidden, and for which a penalty is not hereby provided, he shall, on summary conviction thereof by a Justice of the Peace, be liable to a penalty not exceeding Five pounds.

PROCEDURE

41. All informations and proceedings hereby directed shall be had and taken before any one or more Justices of the Peace, and all fines, penalties, damages, and fees may be recovered and enforced in a summary manner before such Justice or Justices in manner prescribed by the 14th Victoria, No. 5.

42. Any person aggrieved by any order or conviction made by a Justice or Justices of the Peace under this Act, may appeal to the Supreme Court or the next Court of General Sessions of the Peace nearest to the place where such order or conviction was made.

(1) Notice of appeal shall be given in writing, signed by the appellant or some person on his behalf, and the grounds of appeal shall be specified in such notice.

(2) Such notice shall be given to the Justice of the Peace making such order or conviction within seven days after the making thereof and be accompanied by a deposit of Ten pounds to answer costs.

(3) The Court hearing such appeal shall hear and determine the matter of such appeal, and shall make such order thereon with or without costs to either party as to such Court may seem meet, and shall, if necessary, issue process for enforcing such order.

43. In all cases where reference shall be made in any Act or Ordinance to the Acts or Ordinances mentioned to be hereby repealed, such reference shall be deemed to be made to this Act.

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44. Sections A, C, F, G, and H of The Shortening Ordinance, 1858,' shall be incorporated with and form part of this Act to all intents and purposes as if the said sections had been introduced and fully set forth in this Act.

45. The Short Title of this Act shall be The Cattle Trespass, Fencing, and Impounding Act, 1882.'

WILLIAM C. F. ROBINSON,

GOVERNOR.

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SCHEDULES

THE FIRST SCHEDULE REFERRED TO

The Ordinance to regulate the keeping of Public Pounds, and the appointmen of Poundkeepers' (25 Vic., No. 13).

The Ordinance to provide Summary Redress in cases of Minor Trespasses (28 Vic., No. 15).

The Act to amend the Public Pound Ordinance, 1861' (34 Vic., No. 25).

Cattle Trespass-Fencing-Impounding

The Act to consolidate and amend the Laws relating to Trespass by Live Stock and to promote the Construction of Fences' (36 Vic., No. 9).

The Act to amend the Trespass Act, 1872' (39 Vic., No. 19).

The Act to amend the Trespass Act, 1872' (42 Vic., No. 11), and so much of the Ordinance for adopting certain Acts of Parliament' (12 Vic., No. 21) as adopts the 'Act to amend the laws relating to Pound breach and rescue in certain cases' (6 and 7 Vic., c. 30).

THE SECOND SCHEDULE REFERRED TO

THE TRESPASS SCALE

Description of Cattle

Horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, camel, deer, and foal.-'Great Cattle.'

Ram, ewe, sheep, wether, and lamb, goat, kid, and pig.-'Small Cattle.'

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Trespass on enclosed land, whether town, country, or suburban, not being a public street or thoroughfare in a City or Town, or Public Cemetery

For every entire horse, ass, or bull, in the

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NOTE.-As to Great Cattle trespassing, not branded with a Registered Brand, Bee sec. 6.

Governor in
Council to de-
clare' Poor
Houses'

Power to make regulations

Penalty for breach thereof

Short title

Poor Houses Discipline

WESTERN AUSTRALIA

ANNO QUADRAGESIMO SEXTO

VICTORIA REGINE

No. 8

An Act for the better regulation of and maintenance of
Discipline in the Government Poor Houses.

[Assented to 21st September, 1882.

WHEREAS it is biopline in the loveen

WHEREAS it is expedient to provide for the better regulation

Houses: Be it enacted by His Excellency the Governor of Western Austraila and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. It shall be lawful for the Governor in Council from time to time to declare any institution wholly maintained at the public expense, for the purposes of relieving the poor of the Colony, to be a Poor House within the meaning of this Act.

2. It shall be lawful for the Governor in Council from time to time to make, and when made to alter, add to, and repeal rules and regulations for the purpose of maintaining a proper discipline in any Poor House, and for the proper control and management of the inmates thereof. The said rules and regulations shall be published in the Government Gazette,' and after such publication the same shall be admissible as evidence for all purposes.

3. It shall be lawful for any Justice or Justices of the Peace before whom any inmate of a Poor House shall be convicted of a breach of any of the said rules and regulations to order such inmate to be kept in solitary confinement and to be put upon a diet of bread and water only, for a period not exceeding three days.

4. This Act may be cited as 'The Poor Houses Discipline Act, 1882.'

WILLIAM C. F. ROBINSON,

GOVERNOR.

WH

WESTERN AUSTRALIA

ANNO QUADRAGESIMO SEXTO

VICTORIÆ REGINE

No. 12

An Act to amend 'The Jury Act, 1871.'

[Assented to 21st September, 1882.

HEREAS it is expedient to amend The Jury Act, 1871,' and to make provision for the summoning of jurors for the trial of any issue or cause depending in the Supreme Court, or of any civil

Jury Act, 1871-Amendment

or criminal matter within the jurisdiction of such court, before a commissioner or commissioners of the said court at places other than Perth: 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. Whenever the Governor shall appoint any commissioner or commissioners under the provisions of the twelfth section of The Supreme Court Act, 1880,' for any of the purposes declared in such section, it shall be lawful for two Justices of the Peace of the district within which such commissioner or commissioners are directed to exercise the jurisdiction vested in them by such commission, whenever required by such commissioner or commissioners, by virtue of a precept under the hands of such Justices directed to the sheriff, bailiff, or other officer of the magistrate's court of such district, to summon such number of jurors as may be necessary for the trial of such issues or causes as may be depending before or directed to be tried by such commission. Provided always, that the number of jurors so summoned shall in no case exceed the number of forty.

2. In the eighth line of the twenty-eighth section of the hereinbefore recited Act, the word 'attorney' shall be, and is repealed, and the word 'attorneys' read instead thereof; and in the twelfth line of the same section, the word 'twenty' shall be, and is hereby repealed, and the word 'ten' shall be read instead thereof.

3. In the thirty-first (31st) section of the said Act, and in the third line thereof, there shall be inserted and read, after the word 'guinea,' the words 'per diem.'

Mode of sum-
for trial of cases
before a Com-
pointed under
The Supreme
Court Act, 1880'

moning Jurors

missioner ap

4. This Act may be cited as 'The Jury Amendment Act, 1882,' short title and shall be read and construed as one with The Jury Act, 1871.'

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WILLIAM C. F. ROBINSON,

GOVERNOR.

WESTERN AUSTRALIA

ANNO QUADRAGESIMO SEXTO

VICTORIÆ REGINE

No. 16

An Act to authorise the Further Extension of the
Eastern Railway. [Assented to 21st September, 1882.

V

THEREAS it is expedient to authorise the extension and maintenance of the Eastern Railway from Chidlow's Well to York: Be it 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:

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Short title

Power to construct Railway from Chidlow's Well to York

Eastern Railway Extension-Third Section

1. This Act may be cited as The Eastern Railway (Further) Amendment Act, 1882.'

2. It shall be lawful to extend and maintain the Railway from Chidlow's Well to York, with all necessary, proper, and usual works and conveniences in connection therewith, in the line and upon the lands described in the Schedule to this Act.

3. Notwithstanding anything contained in The Railways Act, 1878,' it shall be lawful for the Commissioner of Railways to deviate from the line, as described in such Schedule, to the extent of two miles on either side thereof.

WILLIAM C. F. ROBINSON,

GOVERNOR.

SCHEDULE

EASTERN RAILWAY EXTENSION (THIRD SECTION)

NORTHAM ROAD TO YORK vid SPENCER'S BROOK

Description of Line of Railway

The extension commences at the end of the Second Section and goes in a straight line bearing 116° 45' for 11c. 261.; thence by a curve of 80c. rad. to the left for 5c. 681., the chord of which bears 114° 43'; thence by a straight line bearing 112° 41' for 26c. 941.; thence by a curve of 20c. rad. to the left for 18c. 5311., the chord of which bears 86° 08′; thence by a straight line bearing 59° 35' for 4c. 611.; thence by a curve of 20c. rad. to the right for 13c. 9831., the chord of which bears 79° 37'; thence by a straight line bearing 99° 39' for 20c. 261.; thence by a curve of 30c. rad. to the left for 10c. 4241., the chord of which bears 89° 41' 30"; thence by a straight line bearing 79° 44' for 54c. 991.; thence by a curve of 50c. rad. to the left for 15c. 9241., the chord of which bears 70° 36' 30"; thence by a straight line bearing 61° 29' for 18c. 351.; thence by a curve of 20c. rad. to the right for 18c. 741., the chord of which bears 88° 20'; thence by a straight line bearing 115° 11' for 6c. 891.; thence by a curve of 20c. rad. to the left for 25c. 3441., the chord of which bears 78° 53'; thence by a straight line bearing 42° 35' for 49c. 721. out of A4490 into Crown Lands; thence by a curve of 30c. rad. to the right for 16c. 171., the chord of which bears 58° 13'; thence by a straight line bearing 73° 51' for 28c. 361.; thence by a curve of 80c. rad. to the left for 8c. 861., the chord of which bears 70° 40' 30"; thence by a straight line bearing 67° 30' for 73c. 531.; thence by a curve of 30c. rad. to the left for a distance of 43c. 351., the chord of which bears 26° 06'; thence by a compound curve of 25c. rad. to the left for a distance of 14c. 71., the chord of which bears 329° 30' 30"; thence by a straight line of 25c. 751., its bearing being 314° 21'; thence by a curve of 30c. rad. to the right for a distance of 13c. 711., the chord of which bears 327° 27'; thence by a straight line of 11c. 391., still keeping in Crown Lands and along the valley of the Worrillo, its bearings being 340° 33'; thence by a curve of 30c. rad. to the right for a distance of 9c. 911., the chord of which bears 352° 37' 30"; thence by a straight line bearing 4° 42' for a distance of 2c. 831.; thence by a curve of 30c. rad. to the right for 13c. 981., the chord of which bears 15° 20′ 30′′; thence by a straight line bearing 25° 59' for a distance of 7c. 101. ; thence by a curve of 50c. rad. to the left for 8c. 621., the chord of which bears 21° 03'; thence by a straight line of 30c. 681., the bearing of which is 16° 07'; thence by a curve of 30c. rad. to the left for 11c. 681., the chord of which bears 4° 57' 30" out of Crown Lands into 185A; thence by a straight line bearing 353° 48' for a distance of 1c. 561.; thence by a curve of 20c. rad. to the right for 17c. 121., the chord of which bears 18° 19' 30";

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