Sivut kuvina


Gaols, Prisons, and Houses of Correction

an inquest shall be held on the body of any deceased prisoner, none of
the prisoners confined in the prison in which the deceased died shall
be a juror on such inquest.

30. And be it enacted that every person confined in any prison whose term of imprisonment would, according to his sentence, have expired on any Lord's Day, shall be entitled to his discharge from prison on the Saturday next preceding such Lord's Day; and every Keeper of a prison is hereby authorised and required to discharge any such prisoner accordingly.

31. And be it enacted that it shall not be lawful for any Court, by which any person shall be sentenced to death for the crime of wilful murder, to direct that the body of such person shall be buried within the precincts of any prison.

32. And for the protection of persons acting in the execution of this Ordinance, be it enacted that all actions and prosecutions to be commenced against any person for anything done in pursuance of this Ordinance shall be commenced within two calendar months after the fact was committed, and not otherwise; and notice in writing of such action and of the cause thereof shall be given to the defendant one calendar month at least before the commencement of the action ; and in any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon ; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought ; or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant, together with the costs up to that time; and if a verdict shall pass for the defendant, or if the plaintiff become monsuit or discontinue his action, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon.



No prisoner to
sit on an inquest

Where torm of imprisonment expires on a Sunday prisoner to be discharged on the preceding Saturday

Séntence of convicted murderer need not direct burial within precincts of a prison

against persons
acting under this
Ordinance to be
commenced with-
in two months
after fact com-
Notice of action

General issue

Tender of amends

Payment of money into Court

If Verdict for defendant, &c., defendant to have full costs; verdict for defendant not to carry costs without Judge's certificate

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1. That the said Abraham Myers, Solomon Cook, Don Rosendo Salvado, the Rev. J. J. Joostens, and Louis Langoulant be and they hereby are naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject within the Limits of the Colony of Western Australia save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein. 2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor for the Time being by

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An Ordinance to revive and continue an Ordinance, intituled “An Act to allow the Aboriginal Natives of

Western Australia to give information and evidence

without the sanction of an Oath.’
[Assented to 9th May, 1849.

HEREAS in the fourth and fifth years of the reign of Her present Majesty Queen Victoria, an Ordinance was passed, intituled “An Act to allow the aboriginal natives of Western Australia




6 Vic... No. 8, made applicable to other juvenile immigrants

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HEREAS it is expedient to provide for the care, superintendence and apprenticeship of such poor children as already have been or hereafter may be from time to time sent to the Colony of Western Australia either at the expense of Her Majesty's Government or of parishes or of charitable institutions or societies in the United Kingdom or other parts of the British Empire, to be established and provided for in the said Colony as should seem most for their benefit and future advantage; and whereas for such object it is expedient that His Excellency the Governor of the said Colony shall have power and authority to cause all such children as aforesaid to be put out as apprentices at fit and proper ages respectively to such masters and mistresses and to such trades as to the said Governor should seem proper; and whereas an Ordinance of the Legislative Council of the Colony was passed in the sixth year of the reign of Her present Majesty intituled “An Act to Regulate the Apprenticeship and otherwise to provide for the Guardianship and Control of a certain class of Juvenile Immigrants;" and whereas the said Ordinance appears to be suitable in every respect also to the class of children first herein above mentioned : 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 all the clauses, powers and provisions of the said Ordinance shall be deemed and taken to be applicable to the class of immigrants herein first alluded to as if the Juvenile Immigrants


same had been specially referred to and mentioned therein; and that the Guardian of Government Juvenile Immigrants mentioned in the said Ordinance shall henceforth, without any change of his official designation, be deemed the official guardian of the said class of immigrants herein first alluded to ; and that the form of deed of apprentice| ship given in the Schedule to the said Ordinance annexed shall be used for the apprenticeship of the class herein first alluded to ; substituting references to this Ordinance for the references to the said Ordinance contained in the said form as set forth in the said Schedule.

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Whio it is expedient to facilitate the recovery of contribu

tions by any member of a banking company upon whose separate property any judgment against such company shall have been enforced : 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 whenever any judgment, decree, rule or order shall be had or obtained in any action, suit or proceeding at law or in equity against any public officer of any banking company or partnership established in this Colony, it shall be incumbent on the plaintiff, and he is hereby required to cause execution to be issued first against the property and effects of such company or partnership, and if such execution shall be ineffectual to obtain satisfaction of the sums sought to be recovered thereby, then it shall be lawful for him to have execution in satisfaction of such judgment, decree, rule or order against any member or members of such company or partnership.

2. And be it enacted, that when and so soon as the property of any such member shall have been so seized in execution, or when any such member shall have voluntarily paid the amount due in order to avoid such seizure, it shall be lawful for such member to treat the judgment, decree, rule or order which shall have been obtained against such public officer as aforesaid as assigned to him, and forthwith to issue in the name of the party who shall have obtained the same writs of fieri facias


Execution to be first issued against property of company

Individual member may treat judgment, &c., as assigned to him, and levy a proportion from other members

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