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Provisions of

Act to apply to all criminal trials, and sec

Evidence

that on trials in civil actions: 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:

1. The provisions of section 2 of this Act shall apply to every trial section 2 of this for felony or misdemeanour which shall be commenced after the passing of this Act, and the provisions of sections 3 to 8 inclusive of this Act shall apply to all Courts of Judicature as well criminal as all others, and to all persons having by law or by consent of parties authority to hear, receive and examine evidence.

tions 3 to 8 to all Courts of Judicature, &c.

Summing up of

of felony and misdemeanour

2. If any prisoner or prisoners, defendant or defendants, shall be evidence in cases defended by counsel, but not otherwise, it shall be the duty of the presiding Judge, at the close of the case for the prosecution, to ask the counsel for each prisoner or defendant so defended by counsel, whether he or they intend to adduce evidence; and in the event of none of them thereupon announcing his intention to adduce evidence, the counsel for the prosecution shall be allowed to address the jury a second time in support of his case, for the purpose of summing up the evidence against such prisoner or prisoners or defendant or defendants; and upon every trial for felony or misdemeanour, whether the prisoners or defendants, or any of them, shall be defended by counsel or not, each and every such prisoner or defendant or his or their counsel respectively, shall be allowed, if he or they should think fit, to open his or their case or cases respectively; and after the conclusion of such opening, or of all such openings (if more than one), such prisoner or prisoners, or defendant or defendants, or their counsel, shall be entitled to examine such witnesses as he or they may think fit, and when all the evidence is concluded to sum up the evidence respectively; and the right of reply, and practice and course of proceedings, save as hereby altered, shall be as at present. How far witness 3. A party producing a witness shall not be allowed to impeach may be dishis credit by general evidence of bad character; but he may, in case the credited by the party producing witness shall in the opinion of the Judge prove adverse, contradict him by other evidence, or by leave of the Judge prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.

As to proof of contradictory statements of adverse witness

Cross-examinations as to

previous state

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4. If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the indictment, information or proceeding, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given the circumstances of the supposed statement sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.

5. A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subjectments in writing matter of the indictment, information or proceeding, without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writings which are to

Evidence

be used for the purpose of so contradicting him: Provided always that it shall be competent for the Judge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he may think fit.

6. A witness may be questioned as to whether he has been convicted of any felony or misdemeanour, and upon being so questioned, if he either denies or does not admit the fact, or refuses to answer, it shall be lawful for the cross-examining party to prove such conviction; and a certificate containing the substance and effect only (omitting the formal part) of the indictment or information and conviction for such offence, purporting to be signed by the Clerk of the Court or other officer having the 'custody of the records of the Court where the offender was convicted, or by the deputy of such clerk or officer (for which certificate a fee of five shillings, and no more, shall be demanded or taken), shall, upon proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.

Proof of previous witness may be given

conviction of

attesting

witnesses

7. It shall not be necessary to prove by the subscribing witness As to proof by any instrument to the validity of which attestation is not requisite, and such instrument may be proved as if there had been no subscribing witness thereto.

of disputed writing

8. Comparison of a disputed writing with any writing proved to As to comparison the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses; and such writings and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness or otherwise of the writing in dispute.

9. The word 'counsel' in this Act shall be construed to apply to 'Counsel' attorneys in all cases where attorneys are allowed by law or by the practice of any Court to appear as advocates.

FREDK. A. WELD,

GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO TRIGESIMO QUARTO

VICTORIÆ REGINE

No. 7.

An Act to amend the procedure and powers of the Court for Divorce and Matrimonial Causes.

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WHEREAS by number 19 of the Ordinances passed in the 27th 27 Vie., No. 19,

year of the reign of Her present Majesty, intituled 'An 5.29 Ordinance to regulate Divorce and Matrimonial Causes,' it is by the twenty-ninth section enacted that the Court may, on pronouncing any decree for a dissolution of marriage, order that the husband shall to the satisfaction of the Court secure to the wife such gross or annual

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Power to order monthly or

weekly payments to wife from husband on dissolution of marriage

In case of oppogrounds

Administration of Justice (Divorce, &c.)

sum of money as to the Court may seem reasonable, and for that purpose may refer it to any conveyancing counsel to settle and approve of a proper deed to be executed by all necessary parties: And whereas it may happen that a decree for a dissolution of marriage may be obtained against a husband who has no property on which payment of any such gross or annual sum can be secured, but nevertheless he would be able to make a monthly or weekly payment to the wife during their joint lives: 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. In every such case it shall be lawful for the Court to make an order on the husband for payment to the wife during their joint lives of such monthly or weekly sums for her maintenance and support as the Court may think reasonable: Provided, always, that if the husband shall afterwards from any cause become unable to make such payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revise the same order, wholly or in part, as to the Court may seem fit.

2. In any suit instituted for dissolution of marriage, if the responsition on certain dent shall oppose the relief sought on the ground in case of such a suit instituted by a husband of his adultery, cruelty, or desertion, or in case of such a suit instituted by a wife on the ground of her adultery, or cruelty, the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had filed a petition seeking such relief. 3. No decree nisi for a divorce shall be made absolute until after the after six months expiration of six calender months from the pronouncing thereof, unless the Court shall, under the power now vested in it, fix a shorter time. FREDK. A. WELD,

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Decree nisi not absolute till

Preamble

GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO TRIGESIMO QUARTO

VICTORIE REGINE

No. 9

An Act to provide for the Safe Custody of, and Pre-
vention of Crimes by, persons dangerously Insane;
for the Care and Maintenance of persons of Unsound
Mind; for the Care and Management and Disposal of
the Property and Estates of such persons; and for
other purposes.
[Assented to 2nd January, 1871.

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WHE

THEREAS it is expedient to provide for the safe custody of, and prevention of crimes by, persons dangerously insane; and for the care and maintenance of persons of unsound mind; and to provide for the care and management of the property and estates of such

Lunatics

persons Be it therefore enacted by His Excellency the Governor of the Colony of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

1. This Act may be cited for all purposes as 'The Lunacy Act, Short title 1871.'

2. In the construction of this Act, unless inconsistent with the Interpretation context or subject matter, the following terms shall have the respective meanings hereafter assigned to them respectively, that is to say:

'Board' shall mean the Board of Inquiry hereinafter appointed.
'Lunatic' shall mean and include every person of unsound mind,
and every person being an idiot.

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'Asylum' shall mean any asylum, house or place now used for
the reception of lunatics; or which may be hereafter pro-
claimed for that purpose under the provisions hereinafter
contained.

Justice' shall mean a Justice of the Peace for the said Colony.
'Pauper' shall mean any person having no income, property or
estate sufficient to provide for his maintenance.

'Medical Practitioner shall mean any person who shall have
obtained a certificate of his being a legally qualified medical
practitioner, according to the laws of the said Colony in force
for the time being.

'Visitor' shall mean any person appointed by the Governor as
Visitor under this Act.

3. This Act shall be divided into seven parts

Part I. Proclamation of lunatic asylums; appointment of officers;
their powers and duties.

Part II. Admission into and discharge from asylums of lunatics
not being dangerous or criminal.

Part III. Dangerous and criminal lunatics.

Part IV. Care and management of property and estates of
lunatics.

Part V. Offences and penalties.

Part VI. Legal procedure and evidence.

Part VII. Protection of officers and general matters.

PART I

PROCLAMATION OF LUNATIC ASYLUMS; APPOINTMENT OF OFFICERS;
THEIR POWERS AND DUTIES

clare

4. The Governor, with the advice of the Executive Council, may from time to time, by proclamation in the Government Gazette,' deany place or places provided or deemed suitable for that purpose to be an Asylum for Lunatics, and may in like manner declare that any such place or places so proclaimed shall cease to be used as a Lunatic Asylum.

5. For every such Lunatic Asylum as aforesaid there shall be appointed some duly qualified medical practitioner as Resident or Superintending Medical Officer, and such other officers as may be deemed necessary and proper for carrying out the duties imposed by

VOL. I.

F F

Division of Act

The Governor with the advice Council may asylums

of the Executive

proclaim lunatic

Resident or

Superintending
Medical Officer

and Visitors to

be appointed

Officers to be appointed by

Governor with

Lunatics

this Act; and also fit and proper persons to be visitors of every such asylum; and such Resident or Superintending Medical Officer and Visitors shall have and exercise the powers and authorities herein conferred upon them respectively.

6. Such Resident or Superintending Medical Officer and all other officers appointed under this Act shall be appointed by the Governor advice of Execu- with the advice of the Executive Council, and may from time to time be removed by the Governor with the advice aforesaid.

tive Council

Visitors to be appointed by Governor to re

main in office till first Monday in January after

the date of their

appointment

Duties of
Resident or
Superintending
Medical Officer

Colonial Surgeon to inspect, &c.

Board of Inquiry

Provision for

sending pauper

lunatics to asylum

7. The Visitors of each asylum shall be appointed by the Governor with the advice aforesaid, and shall continue in office till the first Monday in January in the year next following the date of their appointment, and so often as any vacancy shall occur by the death, absence or incompetence of any Visitor, such vacancy shall be forthwith filled by the Governor with the advice aforesaid: Provided that after the expiration of the term for which any Visitor is appointed he shall be eligible for appointment for the next ensuing year, and so on from year to year unless he shall have failed to make six visits during his year of office to such asylum in his official capacity.

8. The Resident or Superintending Medical Officer shall have the control and management of such asylum in all matters connected with the internal routine and discipline thereof, and shall be responsible for carrying out the duties by this Act imposed upon him and for the due observance of the provisions hereof in reference to all matters occurring within such asylum.

9. The Colonial Surgeon for the time being shall from time to time visit and inspect every such asylum, and may give such directions and instructions to the Resident or Superintending Medical Officer as to the mode of conducting such asylum as to him may seem proper and expedient, all which directions and instructions shall be entered in 'The Visitors' Book' hereinafter mentioned; and such directions and instructions shall be carried out and obeyed by the Resident or Superintending Medical Officer, unless and until the same shall have been disallowed by the Colonial Secretary.

10. The Colonial Surgeon, the Resident or Superintending Medical Officer and any two or more of the Visitors shall be and are hereby constituted a Board hereinafter called 'The Board of Inquiry,' and shall have and exercise all the powers and authorities hereinafter conferred upon them, and the Colonial Surgeon shall be the chairman of such Board.

PART II

ADMISSIONS INTO AND DISCHARGE FROM ASYLUMS OF LUNATICS NOT
BEING DANGEROUS OR CRIMINAL

11. If an information be laid before any Justice that any pauper is or is deemed to be a lunatic, he shall by an order under his hand and seal require such pauper to be brought before him or some other Justice; and the said Justice before whom such pauper shall be brought shall call to his assistance a medical practitioner and examine such person, and if such medical practitioner shall sign a certificate with respect to such pauper according to the form in Schedule C to this

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