I, A.B., one of the officers of the constabulary of Western Australia, stationed in the day of 18 duly serve the defendant with a summons [or order], a true copy whereof is herewith annexed, marked A, by delivering the same personally to the defendant [or by leaving the same with the place of abode of the defendant]. [I endorse the copy summons (or order) thus paper, marked A, is the paper referred in the annexed affidavit.'] at 'This An Act to make provision for the maintenance of Discipline among the Crews of Coasting Vessels. WH [Assented to 21st December, 1875. HEREAS it is expedient to make provision for the maintenance Preamble of discipline among the crews of vessels trading from one port of the colony to another port thereof (hereinafter called coasting Provisions of this under contract Discipline in Coasting Vessels vessels): 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. The provisions of this Act shall apply to any seaman engaged seamen engaged by or on behalf of the master of any coasting vessel to go to sea from any port in the Colony, provided that such master has entered into an agreement in writing with such seaman, such agreement to be dated at the time of the first signature thereof, and to be signed by the master before such seaman signs the same, and to contain the following particulars as terms thereof (that is to say): in writing containing certain particulars Offences of sea (1) The nature, and, as far as practicable, the duration of the intended voyage or engagement. (2) The number and description of the crew, specifying how many are engaged as sailors. (3) The time at which such seaman is to be on board or to begin work. (4) The capacity in which such seaman is to serve. (5) The amount of wages which such seaman is to receive. (6) A scale of the provisions which are to be furnished to such seaman. 2. Whenever any seaman who has been engaged by or on behalf men and appren- of the master of any coasting vessel to go to sea from any port in the tices, and their punishments Desertion Neglecting or refusing to join, or to proceed to sea, absence within twentyfour hours before sailing and absence without leave Colony, under an agreement in writing pursuant to the foregoing section, commits any of the following offences, he shall be liable to be punished summarily as follows (that is to say): (1) For desertion, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also to forfeit all or any part of the clothes and effects he leaves on board, and all or any part of the wages or emoluments which he has then earned; and also to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him. (2) For neglecting or refusing, without reasonable cause, to join his ship, or to proceed to sea in his ship, or for absence without leave at any time within twenty-four hours of the ship's sailing from any port, either at the commencement or during the progress of any voyage, or for absence at any time without leave and without sufficient reason from his ship or from his duty not amounting to desertion of or not treated as such by the master, he shall be liable to imprisonment for any period not exceeding ten weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit out of his wages a sum not exceeding the amount of two days' pay, and in addition for every twenty-four hours of absence Discipline in Coasting Vessels either a sum not exceeding six days' pay or any expenses is secured (3) For quitting the ship without leave after her arrival at her Quitting without port of delivery and before she is placed in security, he leave before ship shall be liable to forfeit out of his wages a sum not exceeding one month's pay. (4) For wilful disobedience of any lawful command, he shall be liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also at the discretion of the Court, to forfeit out of his wages a sum not exceeding two days' pay. Act of disobedience obedience (5) For continued wilful disobedience to lawful commands or Continued discontinued wilful neglect of duty, he shall be liable to imprisonment for any period not exceeding twelve weeks with or without hard labour, and also at the discretion of the Court, to forfeit for every twenty-four hours' continuance of such disobedience or neglect a sum not exceeding six days' pay or any expenses which have been properly incurred in hiring a substitute. officers (6) For assaulting any master or mate he shall be liable to im- Assault on disobey (7) For combining with any other or others to disobey lawful Combining to commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour. and embezzlement (8) For wilfully damaging the ship, or embezzling or wilfully Wilful damage damaging any of the stores or cargo, he shall be liable to forfeit out of his wages a sum equal in amount to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment for any period not exceeding twelve weeks, with or without hard labour. (9) For any act of smuggling of which he is convicted and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of such liability, without prejudice to any further remedy. WILLIAM C. F. ROBINSON, GOVERNOR. Acts of smuggling causing loss to owner Legislative Council Interpretation of terms WESTERN AUSTRALIA ANNO TRIGESIMO NONO VICTORIÆ REGINE No. 10 An Act to amend the Law relating to Election Petitions WHERE [Assented to 21st December, 1875. THEREAS it is expedient to amend the laws relating to election petitions and to provide more effectually for the prevention of corrupt practices at elections of members to serve in the Legislative Council: 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. The following terms shall in this Act have the meanings hereinafter assigned to them unless there is something in the context repugnant to such construction (that is to say): 'Election' shall mean an election of a member or members to serve in the Legislative Council. 'Candidate' shall mean any person elected to serve in the Legislative Council at an election and any person who has been nominated as or declared himself a candidate at an election. Corrupt practices' or 'corrupt practice' shall mean bribery, treating and undue influence or any of such offences as defined by the Ordinance passed in the thirty-third year of the reign of Her present Majesty and numbered 18. 'Rules' shall mean rules to be made by the Supreme Court as hereinafter mentioned. 'Prescribed' shall mean prescribed by the rules of the Supreme Court. 2. From and after the passing of this Act no petition respecting disputed returns of members to serve in the Legislative Council shall be referred by the said Council to the Chief Justice, pursuant to the provisions of section 31 of an Ordinance passed in the thirty-third year of the reign of Her present Majesty, and numbered 13; but a petition complaining of an undue return or undue election of a member to serve in the Legislative Council for any electoral district may be presented to the Supreme Court by any one or more of the following persons:(1.) Some person who voted or who had a right to vote at the election to which the petition relates; or (11.) Some person claiming to have had a right to be returned or elected at such election; or Legislative Council (III.) Some person alleging himself to have been a candidate at such election; And such petition is hereinafter referred to as an election petition. All such provisions of the said Ordinance passed in the thirty-third year of the reign of Her present Majesty, and numbered 13, as are applicable to a petition referred to the Chief Justice pursuant to the thirty-third section thereof, shall, subject to the provisions of this Act, be equally applicable to a petition presented to the Supreme Court pursuant to the provisions of this section. 3. The following enactments shall be made with respect to the presentation of an election petition under this Act: (1.) The petition shall be signed by the petitioner, or all the (11.) The petition shall be presented within twenty-one days after (III.) Presentation of a petition shall be made by delivering it to the Registrar or otherwise dealing with it in manner prescribed. (IV.) Within six days after an election petition shall have been presented pursuant to the provisions of this Act security shall be given on behalf of the petitioner that he, the petitioner, will pay all costs, charges and expenses that may become payable by him either to any person summoned as a witness on his behalf or to the member whose election or return is complained of (who is hereinafter referred to as the respondent), and that he, the petitioner, will duly prosecute the petition, and will not withdraw the same without leave of the Supreme Court as hereinafter provided; such security shall be to an amount of five hundred pounds; it shall be given either by way of bond to be entered into with any number of sureties not exceeding four, or by a deposit of money in manner prescribed, or partly in one way and partly in the other. Any such bond shall be taken by the prescribed officer to the use of Her Majesty, and any such deposit of money shall be made in the name of the prescribed officer. 4. Notice of the presentation of a petition under this Act and of Recognizance the nature of the proposed security, accompanied with a copy of the may be objected petition, shall within the prescribed time, not exceeding ten days after to |
