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Certified copies

of depositions

in evidence

Foreign Offenders

5. And be it enacted that in every case, as hereinbefore mentioned, may be received copies of depositions upon the charge made against the said supposed offender, taken by a person having lawful authority to take the same, in the Colony in which the offence is alleged to have been committed, if duly certified under the hand of the person taking such depositions, and attested on oath by the party producing the same, to be true copies of the original depositions, may be received in evidence of the criminality of the person apprehended under the provisions of this Ordinance.

Supposed offen

der may be discharged by Judge if not

6. And be it enacted that the provisions of the said recited Act of Parliament touching the discharge of any person committed as therein provided, if he shall not have been conveyed away within two months after his committal, shall be applied to all committals months after the under this Ordinance, whether final or by way of remand.

conveyed away within two

committal

Definition of the words Australain Colonies.'

14 Vic., No. 13, repealed

7. And be it enacted that this Ordinance shall apply to all charges of treason and felony and to all indictable misdemeanours committed or charged to have been committed in any of the Australian Colonies.

8. And be it enacted that for the purposes of this Ordinance and the said recited Act of Parliament, the words Australian Colonies' shall be deemed and taken to describe and include the Colonies of New South Wales, Victoria, Van Diemen's Land, South Australia, Western Australia, and New Zealand, with their respective Dependencies, as such Colonies are now or may hereafter be defined and limited, and also any other Colony which may hereafter be established within the existing limits of any of the said Colonies or within any portion of Her Majesty's possessions in Australasia.

9. And be it enacted that the Ordinance 14th Victoria, No. 13, for the apprehension of offenders, be and the same is hereby repealed. CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

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An Ordinance to vest the Site of the Convict Prison at Fremantle in certain Officers in Trust for Her Majesty, her Heirs and Successors for ever.

[Assented to 16th May, 1851.

WHEREAS a of for the Convict Prison about

HEREAS a considerable space of ground on the town site of

to be erected there, and whereas it is expedient that the title to the

Site of the Convict Prison, Fremantle

said piece of ground should be vested in certain official persons in trust for Her Majesty for the purpose aforesaid, and whereas the right of the property in certain streets or portions of streets included in the said space is now vested in the Trustees of the said town: 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 from and after the passing of this Ordinance all right of property which may have at any time been vested by Ordinance or otherwise in the Trustees of the said town of Fremantle in any part of the area, the boundaries of which are more particularly described in the subjoined Schedule, shall absolutely cease and determine, and that the whole of said area and all the right and title in law or equity thereto shall be and the same are hereby vested in the Comptroller-General of Convicts for the time being or any officer acting in this Colony in that capacity and the Colonial Secretary for the time being in trust for Her Majesty, her heirs and successors for ever.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE REFERRED TO

FREMANTLE LOT CD., Contents-(39a. 1r. Op.) Thirty-nine acres, one rood, more or less.

Bounded on the south-west by a line about 3 chains, 60 links in length, extending in a direction east 34 degrees 52 minutes south along South Terrace from the south-west end of Henderson-street, then by a line about 6 chains 55 links in length in direction east, 50 degrees 7 minutes south along South Terrace aforesaid, and by a line about 4 chains in length, extending east 64 degrees 39 minutes south along South Terrace, to a prolongation of the north-west side of Arundell-street; on the south-east, by about 10 chains 95 links of said prolongation, extending north 50 degrees 7 minutes east, then by a line about 3 chains 52 links in length, extending north 5 degrees west, and by a line about 10 chains 60 links in length, extending east 5 degrees north; on the east by a line about 13 chains 52 links in length, extending north 5 degrees west; and on the north by a line about 10 chains 60 links in length, extending west 5 degrees south, then by a line about 5 chains 38 links in length, extending south 65 degrees 45 minutes west, then by a line about 2 chains 74 links in length, extending south 27 degrees west, then by about 3 chains 56 links of the south-west side of Queen-street, extending west 27 degrees north, and finally by the south-east side of Henderson-street aforesaid, extending south 27 degrees west to South Terrace aforesaid, as more particularly shown and delineated in the diagram or plan herewith-all bearings and boundaries here given being true or thereabouts, and an iron boundary mark being fixed at every angle or corner of the land herein described.

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An Ordinance to naturalize Charles François Tondurt, Samuel Augustus Wallace, and Solomon Drolt.

WH

[Assented to 17th November, 1851.

WHEREAS Charles François Tondurt, Samuel Augustus Wallace, and Solomon Drolt have applied to be admitted to the Rights and Privileges of British Subjects, and whereas it is expedient to comply with the said Applications; 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 :

1. That the said Charles François Tondurt, Samuel Augustus Wallace, and Solomon Drolt be, and they hereby are naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of natural born British Subjects 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 Proclamation or other public Notice.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO QUINTODECIMO

VICTORIÆ REGINE

No. 4

An Ordinance to naturalize the Right Rev. Jose Maria Benedict Serra. [Assented to 17th November, 1851.

WHER

THEREAS the Right Rev. Jose Maria Benedict Serra has applied to be admitted to the Rights and Privileges of a British Subject, and whereas it is expedient to comply with the said Application; Be it therefore enacted by His Excellency the Governor of Western Australia

Naturalization of Aliens

and its Dependencies by and with the Advice and Consent of the Legislative Council thereof :

1. That the said Right Rev. Jose Maria Benedict Serra be, and he hereby is 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 Proclamation or other public Notice.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

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An Ordinance to naturalize John Simpkins Barker and Thomas Pope. [Assented to 21st May, 1852.

WE

HEREAS John Simpkins Barker and Thomas Pope have applied to be admitted to the Rights and Privileges of British Subjects, and whereas it is expedient to comply with the said Applications; 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:-

1. That the said John Simpkins Barker and Thomas Pope be, and they hereby are naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of natural born British Subjects 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 Proclamation or other public Notice.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

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An Ordinance for the Removal of Defects in the Administration of Criminal Justice.

WH

[Assented to 20th December, 1852.

HEREAS the technical strictness of criminal proceedings might in some instances be further relaxed so as to ensure the punishment of the guilty without depriving the accused of any just means of defence; and whereas it is expedient to make further provision for the more effectual prosecution of accessories before and after the fact to felony; and whereas it is also expedient that any accessory before the fact to felony should be liable to be indicted, tried, convicted may be punished and punished in all respects like the principal: 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 from and after the passing of this Ordinance

Accessories

Before the fact

to any felony,

in the same degree as the principal

Trial and con

viction of accessories after the fact

As to addition of counts in indictments for stealing and receiving property

Courts may cause indictments to be

amended in certain respects

2. [Repealed by 29 Vic., No. 5, sch. B.]

3. [Repealed by 29 Vic., No. 5, sch. B.]

4. Whereas a failure of justice frequently takes place in criminal trials by reason of variances between writings produced in evidence and the recital or setting forth thereof in the indictment or information, and the same cannot now be amended at the trial, except in case of misdemeanour, for remedy thereof: Be it enacted, that it shall and may be lawful for any Court of General or Quarter Sessions of the Peace, if such Court shall see fit so to do, to cause the indictment or information for any offence whatever where any variance or variances shall appear between any matter in writing or in print produced in evidence and the recital or setting forth thereof in the indictment or information whereon the trial is pending, to be forthwith amended in such particular or particulars by some officer of the Court, and after such amendment the trial shall proceed in the same manner in all respects, both with regard to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance or variances had appeared.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

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