Vaccination

SCHEDULE D

Take notice that unless the child, whose birth is now registered with me and who is described as be vaccinated according to the provisions of The Vaccination Act, 1878,' you will be proceeded against pursuant to the provisions of the said Act.

6

No. 14

An Act to amend The Wild Cattle Nuisance Act, 1871.' [Assented to 16th July, 1878.

THEREAS it is expedient to provide for the punishment of Preamble persons who, without being duly licensed or in excess of the authority given by their license, hunt after and kill wild cattle; and whereas it is expedient to amend 'The Wild Cattle Nuisance Act, 1871': 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. This Act may be cited for all purposes as Nuisance Act, 1871, Amendment Act, 1878.'

'The Wild Cattle Short title

person to kill

wild cattle

2. Any person who, after the passing of this Act, shall kill or No unlicensed destroy any wild cattle without being licensed under the said Act to kill wild cattle, or upon any lands except those over which he may be licensed as aforesaid to kill wild cattle, shall, on conviction, forfeit and pay any sum not exceeding One hundred pounds.

Penalty

3. Any person who shall be shown to have killed or destroyed any Onus of proof horse or horned stock, except at a homestead, stockyard, slaughteryard, or other enclosure erected for the purpose, shall be deemed, for the purposes of any prosecution under this Act, to have killed wild cattle, unless he can show that the animal which he killed was a branded animal, which he had lawful authority to kill.

4. The seventh section of 'The Wild Cattle Nuisance Act, 1871,' 34 Vic., No. 24, shall be and it is hereby amended by omitting the last word of the said s. 7, amended section and by adding the following words: an offence, and upon Penalty conviction thereof shall forfeit and pay a penalty not exceeding One hundred pounds.

5. The licenses to be granted under the said Act shall be licenses Licenses defined authorising the destruction of wild cattle as defined by the said Act,

or licenses to kill wild horses only. For licenses to kill wild cattle as License fee, two aforesaid, a fee of two pounds shall be charged. Any person holding pounds

Incorporated with 34 Vic., No. 24

Wild Cattle Nuisance-Amendment

either of the above named licenses shall be deemed to be a licensed person within the meaning of the said Act.

6. This Act and the said Act of 1871 shall be read and construed together as one Act.

H. ST. GEORGE ORD,

WESTERN AUSTRALIA

Preamble

Short title

Regulations made under

19 Vic., No. 15, 8. 16, continued in force

The Governor in Executive Council may frame regulations for the management of bridges, jetties, &c.

ANNO QUADRAGESIMO SECUNDO

VICTORIÆ REGINE

No. 18

An Act to empower the Governor in Council to make regulations for the use and management of Jetties and other similar works, and to make other provision respecting the same. [Assented to 16th July, 1878.

W Legislative Council, an Ordinance passed in the 19th year of the

HEREAS by an Act passed during the present session of the

reign of Her present Majesty and numbered fifteen, has been repealed, and it is expedient to continue to the Governor in Executive Council certain powers as to making regulations for the use and management of all public bridges, jetties, piers, wharfs, and landing places, which were vested in him by the said Ordinance and also to make provision for the proper maintenance of the same and other public works: 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. This Act may be cited as 'The Jetties Regulation Act, 1878.' 2. Any regulations heretofore made and promulgated by the Governor in Executive Council pursuant to section sixteen of the said repealed Ordinance, shall have the same force and effect as regulations made and published pursuant to the provisions of this Act, and every person acting in opposition to, in violation of, or at variance with any such regulations shall be proceeded against and punished as if the said regulations had been made and published pursuant to and in virtue of the provisions of this Act.

3. The Governor in Executive Council may frame and from time to time alter and amend general or special regulations for the ment and use of all public bridges, jetties, piers, wharfs, landing places, and buoys, and particularly providing for the manner and time of mooring and fastening and loading and unloading boats and vessels at any jetty, pier, or wharf, or landing place; and a copy of all such regulations as aforesaid shall be published in the Government Gazette,' and from and after such publication and until the publication in like

Jetties

manner of any new, altered, or amended regulations as aforesaid, shall have the force and effect of law, and have the same force as if they had been originally embodied in this Act; and every person who shall act in opposition to, or violation of, or at variance with the said regulations or any part thereof respectively, shall upon conviction of such offence forfeit and pay any sum not exceeding Twenty pounds. Provided always that if at any time any municipal council shall duly make and publish by-laws relative to the use and management of any public bridge, jetty, pier, wharf, or landing place that has been handed over to their care and management, any regulations made under the said repealed Ordinance or under this section shall cease to apply to such bridge, jetty, pier, wharf, or landing place.

4. No person shall under any pretext whatever, light, place, or keep a fire upon, or so near as to endanger any jetty, pier, wharf, bridge, or other work of the like nature, being public property, constructed wholly or in part of wood; and every person so offending shall, upon conviction of every such offence, forfeit and pay any sum not exceeding Ten pounds.

5. Any person who shall make fast any vessel, boat, raft, timber, or other article, to any buoy (not being a warping buoy), beacon, river or sea mark, fender or other piling, shall, upon conviction of any such offence, forfeit and pay any sum not exceeding Twenty Pounds.

of Shortening Ordinance

6.. Sections A, B, F, and J of the Shortening Ordinance, 1853, Incorporation shall be deemed to be incorporated with and to form part of this Act. H. ST. GEORGE ORD,

GOVERNOR.

WESTERN AUSTRALIA

ANNO QUADRAGESIMO SECUNDO

VICTORIÆ REGINÆ

No. 19

An Act to confer jurisdiction in certain cases over Foreign
Merchant Seamen. [Assented to 16th July, 1878.

W

HEREAS it is expedient to provide a means of dealing with Preamble
offences committed by foreign merchant seamen : Be it enacted

by His Excellency the Governor of Western Australia and its Dépen-
dencies, 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 Foreign Seamen's Short title Offences Act, 1878.'

of terms

2. In the construction of this Act the word 'vessel' shall mean any Interpretation navigable ship or boat of whatever construction, and whether moved by wind, steam, or any other power; the word 'consul' shall include

Seamen desert

vessels may be apprehended

Foreign Seamen Offences

consul, vice-consul, or other consular officer or agent; the words' foreign vessels' shall include all vessels not belonging to any British possession; and the word 'seaman' shall include every person (except masters, pilots, and apprentices, and not being a slave) employed or engaged in any capacity on board any vessel.

3. If any seaman belonging to any foreign vessel in any port, ing from foreign harbour, roadstead, or river of Western Australia, or otherwise within the limits thereof, shall desert from such vessel or otherwise abscond or absent himself from his duty, or shall be charged with having committed any of the offences hereafter in the next section enumerated, any Justice, upon information on oath of the master, mate, or other person having charge of such vessel, may issue his warrant for the apprehension of such seaman, and thereupon at the request of such master, mate, or other person informing as aforesaid, may order such seaman to be put forcibly on board the vessel to which he may belong, or may deal with such seaman as hereinafter is provided, or may place such seaman at the disposal of the consul of the nation or state to which such vessel shall belong.

Such seamen may be imprisoned with hard labour

For assaulting

Disobedience

Continued disobedience or neglect of duty

Combining to disobey or neglect

Desertion

Drunkenness or other misconduct

4. Every seaman of any foreign vessel in any port, harbour, roadstead, or river of Western Australia, or otherwise within the limits thereof, who shall commit any of the offences hereinafter mentioned, shall upon conviction thereof before any two Justices be liable to be imprisoned with hard labour in any gaol in the Colony for periods not exceeding the periods hereinafter respectively assigned to the said offences (that is to say)

(1.) For assaulting any master or other officer of such vessel, a period of twelve weeks.

(II.) For wilful disobedience to any lawful command of the master or other officer of such vessel, a period of four weeks.

(III.) For continued wilful disobedience to such lawful commands, or for continued wilful neglect of his duty as a seaman of such vessel, a period of twelve weeks.

(IV.) For combining with any of the crew of the vessel to which he belongs to disobey the lawful commands of his officers, or to neglect his duty as a seaman, or to impede the discharge, loading, or departure of the vessel, or the progress of the voyage, a period of twelve weeks.

(v.) For desertion from the vessel to which he belongs, a period of twelve weeks for the first offence, and a period of six months for any subsequent desertion.

(VI.) For drunkenness or other misconduct, disabling any such seaman for the discharge of his duty, a period of four weeks for the first offence, and a period of eight weeks for any subsequent offence.

Provided that nothing herein contained shall take away or abridge any powers which a master of any such vessel has over his crew, or protect seamen guilty of any such offence as aforesaid from any penalty or liability to which, under any existing law, they might be subject.

Foreign Seamen Offences

to be put on

board at, after,

or during
sentence

5. Any Justice, at the instance of the consul of the nation or state Power to order to which the vessel of any seaman convicted and sentenced under this convicted seamen Act shall belong, or at the instance of the master or other person having charge of such vessel, may order any such seaman at or after the expiration or earlier determination of his sentence of imprisonment, or at any time during the continuance thereof, to be put forcibly on board such vessel; and in all such cases any Justice may grant an order to any keeper of any gaol to discharge such seaman therefrom into such custody as such Justice shall direct, which shall be a sufficient warrant to such keeper to deliver such seaman into such custody and for such purpose as aforesaid.

6. Any Justice, upon the complaint on oath of the master or other person having charge of any foreign vessel, that he has good cause for suspecting that any runaway seaman of such vessel is harboured, secreted, or concealed on board any vessel or in any house or place whatsoever, may issue a warrant to search such vessel or such house or place, and to apprehend such seaman, and every such seaman shall, upon his apprehension, be brought with all convenient speed before any two Justices to be dealt with as herein directed.

Vessels or places may be searched

7. No such warrant as hereinbefore mentioned shall be issued, and Prosecutions, no offence by this Act made punishable shall be prosecuted or punished when to be except at the instance or with the express assent in writing of the consul of the nation or state to which such vessel as aforesaid shall belong, unless it shall have been three several times notified in the 'Government Gazette,' under the authority of the Governor in Council, that the Government of such nation or state has by its proper officer signified its desire that this Act may be enforced in all cases against the crews of vessels belonging to such nation or state. Provided that if any such nation or state shall signify its desire that only particular provisions of this Act shall be enforced against the crews of its vessels, such provisions and no other shall be so enforced, and the notification in the Government Gazette' shall be framed accordingly.

8. If any person shall knowingly harbour, conceal, employ or retain, or assist in harbouring, concealing, employing or retaining, any seaman belonging to any foreign vessel who shall have deserted therefrom or otherwise absconded or absented himself from duty, or shall knowingly cause, induce, or persuade any such seaman by words or by any other means whatsoever to violate any agreement which he may have entered into to serve on board any such vessel as aforesaid, or shall knowingly assist in the desertion, absconding, or absence from duty of any such seaman, every such person so offending shall, upon conviction before any two Justices, forfeit and pay for every such offence a penalty not exceeding twenty pounds for the first offence, and not less than ten nor more than fifty pounds for a second or subsequent offence; and in case of non-payment thereof, any two Justices may commit the person so offending to any gaol for any term not exceeding six months, with or without hard labour, unless such penalty and all costs shall be sooner paid.

Penalties on ng deserters

persons harbour

9. In any proceeding under this Act it shall not be necessary for Attesting wit the purpose of proving the list, roll, articles, or agreement under or by which any such seaman shall have shipped, joined, or engaged to serve

ness need not be called