« EdellinenJatka »
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 con- Proof of previous victed of any felony or misdemeanour, and upon being so questioned, ofts if he either denies or does not admit the fact, or refuses to answer, it given 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.
7. It shall not be necessary to prove by the subscribing witness of by any instrument to the validity of which attestation is not requisite, and in: such instrument may be proved as if there had been no subscribing witness thereto.
8. Comparison of a disputed writing with any writing proved to Astocomparison 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 evi
dence of the genuineness or otherwise of the writing in dispute.
practice of any Court to appear as advocates.
GovKRNOR AND COMMANDER-IN-CHIEF.
W E S T E R N A U S T R A LIA
WICTORIAE REGINAE * * . . No. 7
An Act to amend the procedure and powers of the Court
for Divorce and Matrimonial Causes.
Who by number 19 of the Ordinances passed in the 27th 27 vic, No. 15, year of the reigii of Her present Majesty, intituled ‘An “” 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
Power to order monthly or weekly payments to wife from husband on dissolution of marriage
In case of opposition on certaill grounds
Decrec nisi 110t absolute till after six months
Administration of Justice (Divorce, doc.)
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 respondent 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 misi for a divorce shall be made absolute until after the 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, GovePNoR AND CoMMANDER-IN-CHIEF,
W E S T E R N A U S T R A L I A
An Act to provide for the Safe Custody of, and Prevention 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.
HEREAS 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
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, 1871.’
2. In the construction of this Act, unless inconsistent with the 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.
3. This Act shall be divided into seven parts—
Part I. Proclamation of lunatic asylums; appointment of officers;
PROCLAMATION OF LUNATIC ASYLUMs; APPOINTMENT of OFFICERs;
4. The Governor, with the advice of the Executive Council, may from time to time, by proclamation in the ‘Government Gazette, declare any 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 Lumatic Asylum.
5. For every such Lumatic 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
WOL. I. F F
Officers to be appointed by Governor with advice of Executive Council
Visitors to be
appointed by Governor to remain in office till
first Monday in January after the date of their appointment
Colonial Surgeon to inspect, &c.
Board of Inquiry
Provision for seriding pauper ltimatics to asylutil
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 with the advice of the Executive Council, and may from time to time be removed by the Governor with the advice aforesaid.
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.
ADMISSIONS INTO AND DISCHARGE FROM ASYLUMs of LUNATICS NOT
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
Act, and if such Justice be satisfied upon view or personal examination of such pauper or other proof that such pauper is a lunatic and a proper person to be taken charge of and detained under care and treatment, he shall by an order under his hand (according to the form in the Schedule A No. 1 to this Act) direct such pauper to be received into some asylum duly proclaimed under this Act, and such lunatic shall be received and detained therein accordingly: Provided always that any Justice may upon his own knowledge, without any information being laid as aforesaid, examine any pauper deemed to be a lunatic at his own abode or elsewhere and proceed in all respects as if such pauper were brought before him in pursuance of an order for that purpose. 12. Every Constable or other police officer who shall have know- Provision as to ledge that any person wandering at large is deemed to be a lunatic ..." shall immediately apprehend and take or cause such person to be being properly
- tak f, apprehended and taken before a Justice. . joy
And any Justice may upon its being made to appear to him by treated
the information upon oath of any persons whomsoever that any person wandering at large is deemed to be a lunatic by an order under the hand and seal of such Justice require any Constable or other peace officer to apprehend and bring him before such Justice or some other Justice. And every Constable or other police officer who shall have knowledge that any person not a pauper, and not wandering at large as aforesaid, is deemed to be a lunatic, and is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him, shall, within three days after obtaining such knowledge, give information thereof upon oath to a Justice. And in case it be made to appear to any Justice upon such information, or upon the information upon oath of any person whomsoever, that any person not a pauper and not wandering at large, is deemed to be a lunatic, and is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him, Such Justice shall either himself visit and examine such person and make inquiry into the matters so appearing upon such information, or by an order under his hand and Seal direct and authorise some medical practitioner to visit and examine such person and make such inquiry, and to report in writing to such Justice his opinion thereupon; and in case upon such personal visit, examination and inquiry by such Justice, or upon the report of such medical practitioner, it shall appear to such Justice that such person is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him, Such Justice may, by an order under his hand and seal, require any Constable or other peace officer to bring such person before any two Justices; and such Justices shall comprise the Resident or Police Magistrate and one other Magistrate or any two other Justices.
And the Justice or Justices, as the case may be, before who, any .