Certified copies of maps and docuof Board to be ments in custody prima facie evidence. Gazette to be of Governor. An Act to amend "The Statute of Evidence 1864." [17th December 1872.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. All maps, plans, documents, or papers certified under the seal of the Board of Land and Works to be copies of original maps, plans, documents, or papers in the custody of the Board of Land and Works shall be admissible in evidence in any court of justice or before any person having by law or by consent of parties authority to hear, receive, and examine evidence, and shall be prima facie evidence for the same purposes and to the same extent as the originals thereof if they had been produced: And all such maps and plans shall if certified as aforesaid to have been made from actual survey be presumed primâ facie to have been so made by a competent surveyor; and all courts of justice and persons having by law or by consent of parties authority to hear, receive, and examine evidence shall take judicial notice of the seal of the Board of Land and Works affixed to any such certificate, and that such seal was properly affixed thereto. 2. Where by any law at any time heretofore in force the evidence of acts Governor with the advice of the Executive Council or the Governor alone was or when by any law now or hereafter in force the Board of Land and Works is or shall be authorized or empowered to do any act whatsoever any Government Gazette purporting to contain a copy or notification of any such act shall be primâ facie evidence of such act having been duly done. commission to and papers. 3. The fourteenth section of "The Statute of Evidence 1864" 36 VICTORIA, shall be and the same is hereby repealed, and in lieu thereof the No. 443. following shall from the passing of this Act be and be deemed to be power for memand may be cited as the fourteenth section of the said Statute (that ber of board or is to say): It shall be lawful for any board or commission appointed send for persons or issued or to be appointed or issued by the Governor in Council to summon by writing under the hand of the chairman thereof any person whose evidence shall in the judgment of the said board or commission or of any member thereof be material to the subject matter of inquiry to be made by such board or commission, to attend the said board or commission at such place and at such reasonable time from the date of such summons as shall be therein specified; and such person may be required by such summons to bring before such board or commission any official or public books papers deeds documents or writings in his custody or control material to the subject matter of inquiry, and the person so summoned shall attend and produce such books papers deeds documents and writings before such board or commission, and any member thereof may examine such person upon oath touching the matter to be inquired into by such board or commission. tion, and be liable 4. If any person called to give evidence in any court of justice Person objecting or before any person having by law authority to administer an to take oath may oath for the taking of evidence shall object to take an oath or shall make a declarabe objected to as incompetent to take an oath, such person shall if for perjury. the presiding judge of such court or such person having such autho- 32 & 33 Vict. rity is satisfied that the taking of an oath would have no binding 33 & 34 Vict. effect on his conscience make the following promise and declara- c. 49 s. 1. tion : "I solemnly promise and declare that the evidence given by And any person who having made such promise and declaration shall c. 68 s. 4. ments. 5. Prima facie evidence of any proclamation order or regula- Mode of proving tion issued before or after the passing of this Act by the Governor certain docuor by the Governor in Council, also of any proclamation order or 31 & 32 Vict. regulation issued before or after the passing of this Act by or under c. 37 s. 2. the authority of any such department of the Government or officer as is mentioned in the first column of the Schedule hereto, may be schedule. given in all courts of justice and in all legal proceedings whatsoever in all or any of the modes hereinafter mentioned, that is to say— (1.) By the production of a copy of the Government Gazette (11.) By the production of a copy of such proclamation order (III.) By the production in the case of any proclamation 36 VICTORIA, No. 443. Punishment of forgery. 31 & 32 Vict. c. 37 s. 4. This Act to be cumulative. Ib. s. 6. The provisions of No. 289 as to posting railway bye-laws to be deemed to be complied with such bye-laws Council, and in the case of any proclamation order or regulation issued by or under the authority of any of the said departments or officers by the production of a copy or extract purporting to be certified to be true by the person or persons or in the manner specified in the second column of the said Schedule in connexion with such department or officer. No Any copy or extract made in pursuance of this section may be in (1.) Prints any copy of any proclamation order or regulation (II.) Forges or tenders in evidence knowing the same to have been forged any certificate by this Act authorized to be annexed to a copy of an extract from any proclamation order or regulation, he shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years. 7. The provisions of this Act as to proving documents shall be deemed in addition to and not in derogation of any powers of proving documents given by any existing Statute or existing at Common Law. 8. The provisions of the sixteenth section of "The Public Works Statute 1865" as to exhibiting on boards the substance of bye-laws and lists of tolls fares and charges shall be deemed to if have been complied with if it be proved that at the time of any alleged breach a board was exhibited in accordance with the provisions of the said section at the station pier jetty or other place where tolls fares or charges were payable nearest to the place where such breach took place. are posted at the nearest station. Interpretation. Act to be con 9. In section twenty-six of "The Statute of Evidence 1864" the words "Colonial or Chief Secretary" shall mean any responsible Minister of the Crown appointed under section two of the Act No. XCI. 10. This Act shall be read and construed as part of "The strued as part of Statute of Evidence 1864." No. 197. An Act for the supervision and regulation of Workrooms and Factories and the Employment of [11th November 1873.] Females therein. BE it enacted by the Queen's Most Excellent Majesty by and Preamble. with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. This Statute may be cited as "The supervision of Workrooms Title. and Factories Statute." It shall come into force on the first day of commencement. January One thousand eight hundred and seventy-four. 2. The words "factory" or "workroom" shall mean any factory Interpretation or workroom in which not less than ten persons are engaged by an of terms. VOL. I. 31 37 VICTORIA, employer to work for hire or reward in preparing or manufacturing articles for trade or sale. No. 466. Working hours for females. Central or local board of health regulations. 3. No person or persons shall employ in any factory or workroom any female for more than eight hours in any one day in preparing or manufacturing articles for trade or sale. 4. For the purpose of carrying out the provisions hereof any to have power to person authorized by the central or local board of health under the inspect and make Second Part of Act No. CCCX., may enter and inspect any factory or workroom at any time during working hours. And the central or local board of health may from time to time make regulations (subject to the approval of the Governor in Council) respecting factories or workrooms, for the purpose of determining the maximum number of persons to be employed in any one room, also for enforcing provisions for all necessary warmth ventilation and cleanliness therein, and further to order that all factories or workrooms shall be provided with proper sanitary requirements; and such factories or workrooms shall be deemed to be "public buildings" within the meaning of the 31st clause of the said Act, and the observance of such regulations may be enforced and disobedience thereof punished in the same manner as the observance or infringement of regulations issued under the authority of the said section may be enforced or punished. Chief Secretary to have power to suspend operation of clause 3. Penalty for 5. In order to meet the exigencies of trade the Chief Secretary may from time to time suspend the operation of the third clause of this Act in such factories or workrooms to be specified in writing under his hand as he after due inquiry may deem expedient upon such conditions as he may consider requisite. 6. If any employer of females commit as to such employment a i statute. breach of this Statute, such employer shall forfeit and pay a penalty not exceeding Twenty pounds for each such offence to be recovered in a summary way before any two justices of the peace. BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: |