Distance to be determined by Justices Conveying spirits to seamen on board ship; £5 penalty Onus of proof Incorporation of Shortening Ordinance The Boat Licensing Act, 1878 23. If any complaint shall be brought before any Justice of the Peace touching the distance for which any person in charge of any licensed boat may be entitled to charge, such distance shall be determined by such Justice as incident to the cause; and any necessary expenses which the said Justice may think fit to incur for ascertaining the same shall be paid as costs by the party against whom a decision shall be given by such Justice. 24. If any person or persons shall convey, deliver, or supply, or cause to be conveyed, delivered, or supplied, to any person or persons on board any ship lying at anchor in any harbour or roadstead of the Colony, any spirituous or fermented liquor, or any liquor part whereof is spirituous or fermented, unless with the consent of the master of such ship, such master, boatman, or other person or persons shall, for every such offence, forfeit and pay a sum not exceeding Five pounds. 25. In all proceedings under this Act the onus of proof of any license shall lie on the defendant. 26. Sections A, B, F, and J of 'The Shortening Ordinance, 1853,' shall be deemed to be incorporated with and to form part of this Act. H. ST. GEORGE ORD, GOVERNOR. SCHEDULE A No. 1 FORM OF LICENSE FOR BOAT, VESSEL, OR STEAMER (Fremantle) Licensing Board No. WE certify that the (boat, vessel, or steamer) 'Nymph,' of 187 tons, of is licensed under The Boat Licensing Act, 1878,' to carry (here insert whether goods or passengers, or passengers and goods) on the conditions set forth below from the date hereof until the 31st December next (both inclusive), for which license the said has paid the sum of pounds. Number of passengers (inclusive of crew) not to exceed Goods not to exceed tons. (If there are restrictions as to the waters over which the vessel may ply, here state them.) Given under our hands this day of A.B. 187 No. 2 No. FORM OF LICENSE OF COXSWAIN, MASTER, OR ENGINEER WE certify that (Fremantle) Licensing Board of under 'The Boat Licensing Act, 1878.' is licensed as a 187 CB: Members of (Fremantle) Licensing Board. WHE An Act to amend 'The Jury Act, 1871.' [Assented to 24th July, 1878. WHEREAS it is expedient to amend 'The Jury Act, 1871' Be Preamble 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. This Act may be cited as 'The Jury Act, 1871, Amendment Act, 1878,' and the said Act of 1871, and this Act shall be taken and read as one Act. 2. In any district in which a Court of General Sessions of the Peace has been appointed to be held, pursuant to the provisions of an Ordinance passed in the ninth year of the reign of Her present Majesty, and numbered four, the jury list for such district finally settled and certified in pursuance of the provisions of the said Act of 1871 need not be transmitted to the Sheriff, or transcribed in Jurors' Book,' in pursuance of section fourteen of the said the Act. 3. The jury list, settled and certified as aforesaid, in any district as aforesaid, in any year, shall be in force within such district until the jury list for an ensuing year has been settled and certified. 4. As often as in any such district as aforesaid a writ of venire facias or precept shall be addressed and delivered to the sheriff, bailiff, or other officer of the court appointed in such district as aforesaid, in Short title In districts Sessions are held, be transmitted to Sheriff Jury list revised and certified to be in force till next revision Mode of summoning petty jurors Governor in appointing sessions to be held may appoint a day for first holding sessions to settle lists In districts aforesaid, Justices of the Peace exempted Jury Act, 1871-Amendment pursuance of section fifteen of the said Act, requiring him to empannel and summon jurors for the trial of any issue or issues, information or informations, such sheriff, bailiff, or other officer as aforesaid shall empannel and summon all persons whomsoever, inclusive of persons being on the special jury list, whose names shall be on the jury list in force within such district for the time being, according to the order in which they shall successively appear therein, until every such person shall have been empannelled and summoned in his turn; and in case any such person shall make default in appearing to such summons, and in serving as a juror at the time and place therein specified, he shall be empannelled and summoned a second time on the then next common or petty jury, or oftener, until he shall have served, for such default or defaults; and all and every person and persons whose name or names appear on the special jurors' list shall be liable to and be empannelled and compellable to serve as common or petty jurors, and shall be subject to all fines, forfeitures, and penalties, laws, ordinances, regulations, provisions, objections, challenges, rules, orders, and practice relating to or concerning common or petty jurors; Provided, nevertheless, that no person residing beyond a radius of twenty-five miles of the place of attendance shall be summoned to serve. 5. Whenever the Governor, by Proclamation made in pursuance of the said Ordinance, shall appoint Courts of General Sessions to be holden in any district, it shall be lawful for the Governor by the same or another Proclamation to fix some day other than the Tuesday of the third week in the month of January, as the day for first holding the special sessions, for the revision of the jury lists in accordance with the provisions of section twelve of the said Act of 1871. 6. In any such district as aforesaid, but in no other, Justices of the Peace shall be exempted from serving on juries, and their names shall not be inserted in the jury list made out for any such district as first above-mentioned, or if they are inserted, such Justices may nevertheless claim exemption. H. ST. GEORGE ORD, GOVERNOR. Preamble An Act to repeal The District Roads Board Audit Act, W THEREAS it is expedient to repeal The District Roads Boards Audit Act, 1877: 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: District Roads 1. The District Roads Boards Audit Act of 1877 shall be and is 41 V. 3 repealed hereby repealed. H. ST. GEORGE ORD, GOVERNOR. WESTERN AUSTRALIA ANNO QUADRAGESIMO SECUNDO VICTORIÆ REGINE No. 27 An Act to authorise the construction of a Railway from [Assented to 24th July, 1878. HEREAS it is expedient to authorise the construction and 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. This Act may be cited as 'The Eastern Railway Act, 1878.' 2. It shall be lawful to construct and maintain a Railway from Fremantle to Guildford, with all necessary, proper and usual works and conveniences in connection therewith, in the line, and upon the lands described in the Schedule to this Act. H. ST. GEORGE ORD, Preamble Short title Power to construct Railway to Guildford from Fremantle SCHEDULE GOVERNOR. DESCRIPTION OF LINE OF RAILWAY Starting from a point opposite the North Jetty at Fremantle, in a line with Cliff Street, the line runs north-easterly for 67 chains, then by a curve of 20 chains' radius is brought on to a timber bridge, consisting of four 50-feet, fourteen 30-feet openings, giving a clear headway of 20 feet; then Eastern Railway crossing Perth City Boundary near the south-west corner of Suburban Lot 151; crosses Dyer Street, and has its Central City Station on the ground bounded by Hutt, Wellington, and Beaufort Streets. It then curves to the left, following a north-easterly course, intersecting Stirling, Mackie, Moore, Nash, Small, Lord, Brown, Samson, Parry, and Edward Streets, Claisebrook Road, and crosses the City Boundary at Summers Street, near the north-east corner of Suburban Lot 163, and continues 16 chains 16 links N. 47° 53' E. N. 75° 12' E. 9 chains 79 links 12 chains 34 links 6 chains 36 links 17 chains 17 links 18 chains 99 links 16 chains 26 links 26 chains 7 links 14 chains 15 links 137 chains 52 links 9 chains 95 links N. 88° 57' E. then crossing the boundary of West Guildford, where it intersects West and Perth Streets, and crosses the Swan River a little above Bridge Street by a timber viaduct, consisting of 27 openings of 30 feet each, to connect East and West Guildford, and terminates in James Street. Preamble Short title Repeal of 34 Vic. No. 7, 37 Vic. No. Interpretations in this and the Special Act WESTERN AUSTRALIA ANNO QUADRAGESIMO SECUNDO VICTORIÆ REGINE No. 31 An Act to consolidate and amend divers Acts now in force relating to the survey, construction, and maintenance of Railways. [Assented to 24th July, 1878. W HEREAS it is expedient to consolidate and amend the various Acts now in force relating to the survey, construction, and maintenance of railways: 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. This Act may be cited for all purposes as 'The Railways Act, 1878.' 2. From and after the passing of this Act the following Acts shall be and the same are hereby repealed (that is to say):-'The Railways and Electric Telegraph Protection Act, 1871,' The Railway Survey Act, 1878,'The Railways Act, 1878,' and an Act passed in the 41st year of the reign of Her present Majesty, intituled An Act to amend the Railways Act, 1878.' 3. The following words and expressions, both in this and the Special Act, shall have the meanings hereby assigned to them, unless |
