instance. 141. Upon a complaint to the court, made under the last Warmant in Arst preceding section, in respect of any alleged disobedience of or neglect to comply with any order, the court may, instead of issuing a summons, issue a warrant for the apprehension of the person against whom the complaint is made, and for the detention of such person until the hearing of the complaint, unless such person shall enter into a recognizance, with one or more sureties, in such sum as the court shall direct, conditioned for his appearance at the hearing of the complaint. 142. (1.) Where, pursuant to the provisions of this Act, whipping. the punishment of whipping is awarded by the court, the order for such punishment shall specify the number of strokes to be inflicted, and the number of strokes shall not exceed twelve. (2.) The whipping shall be administered by some person authorised by the order directing the whipping, and in all cases the instrument used shall be a birch rod or cane. 143. Every person authorised to take charge of any child ordered to be detained under this Act, for the purpose of conveying such child to or from any institution, or to a fosterparent, shall, while engaged in such duty, have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty as any police officer has by common law or statute. Persons in charge of State children to have privilege of constables. 144. (1.) Any person who in any particular makes de- General penalty. fault in compliance with the provisions of this Act shall be guilty of an offence against this Act. (2.) Any person guilty of an offence against this Act shall, except as otherwise expressly provided, be liable, on conviction, to a penalty not exceeding ten pounds. 145. Every proceeding under this Act for omission, de- Application of faults, acts, or offences to which any penalty is attached, and Justices Act, 1902. all applications for orders where no other method of proceed ing is by this Act provided, shall be had and taken, and may be heard and determined in a summary way under the provisions of the Justices Act, 1902. inge. 146. Every complaint, conviction, order, or warrant under Forms of proseedthis Act shall be deemed valid and sufficient if the same shall be in any of the prescribed forms which may be applicable, with such modifications as the circumstances may require; Order to be a defence to actions. Protection to Department and officers. Appropriation of penalties. Regulations. or in which the offence, or act, or default is set forth in the words of this Act; and no conviction, order, or warrant shall be held void by reason of any defect therein. 147. In every action for anything done in obedience to any order it shall be sufficient for the defendant to justify under such order only, without setting forth the previous proceedings, and the production of the order or a duplicate or certified copy thereof shall be sufficient evidence to prove the fact of making such order. 148. No action shall be brought against the Department or any governing authority of an institution or any person for anything done in pursuance of this Act, unless such action be commenced within six months next after the act or default complained of, nor unless notice in writing of such action, and the cause thereof, has been given to the defendant one month at least before the commencement of the action; and the defendant in any such action may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and the plaintiff shall not recover in such action if tender of sufficient amends shall be made before action brought, or if, after action brought, the defendant shall pay into court sufficient amends; but in such lastmentioned case the plaintiff shall recover his cost of suit up to the time of the payment into court. 149. All moneys received for penalties imposed for offences against this Act shall be paid to the Treasurer, on behalf of his Majesty, for the public uses of the State. 150. The Governor may, from time to time, make, repeal, alter, and vary all such regulations as may appear necessary or advisable for regulating (a) the duties, powers, authorities, and privileges of inspectors, visitors, boarding-out committees, and all other persons employed in the administration of this Act; (b) the management, control, and supervision of institu (c) the custody, maintenance, education, employment, ap- (e) the punishment of State children; (g) the management and control of property vested in (h) records to be kept at institutions and by licensees; (j) the form and contents of agreements, appointments, (k) the fees to be paid; (1) the imposing of penalites; (m) the time and manner in which any act, deed, matter, or thing required by this Act to be done, and as to which the time or procedure is not provided, is to be done or performed; (n) all other matters and things arising under and consistent with this Act not herein expressly provided for, and otherwise for fully and effectually carrying out and giving force and effect to the objects, purposes, powers, and authorities of this Act. 151. All such regulations shall be published in the Government Gazette, and shall take effect from the date of publication, or from a later date to be specified in such regulations, and shall be laid before both Houses of Parliament within thirty days, if Parliament is in session, and if not then within thirty days after the commencement of the next session. Regulations to be laid before Parlia ment and garetted. The St. Joseph's Roman Catholic Orphanage, Subiaco; the Church of England Girls' Orphanage, Adelaide Terrace, Perth; the Swan Boys' Orphanage, near Midland Junction; the Clontarf Roman Catholic Orphanage, near Victoria Park; the St. Kevin Roman Catholic Industrial School, near Leederville; the Red Hill Industrial School, near Midland Junction; the Salvation Army Industrial Schools for Boys and Girls, near Collie. By Authority: FRED. WM. SIMPSON, Government Printer, Perth. STATE SAVINGS BANK. No. 9 of 1906. (As amended by No. 13 of 1926.) AN ACT to consolidate and amend the Law relating to the Post Office Savings Bank, and for the change of the name of the Bank to the State Savings Bank. [Assented to 29th September, 1906.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the State Savings Bank Act, Short title. 1906. No. 13 of 1926, sec. 2. 2. (1.) The Acts mentioned in the Schedule to this Act Repeal. are hereby repealed. hereby repealed. (2.) All persons appointed under the Acts hereby re- Officers under Acts pealed, and holding office at the time of the passing of this Act, shall be deemed to have been appointed hereunder. Acts hereby re (3.) All regulations made under the authority of any Act Regulations under hereby repealed, and being in force at the time of the passing pealed. of this Act, shall be deemed to have been made under the authority of this Act. pealed Acts. (4.) In all cases where, in any Act or instrument, refer- References to re ence is made to any of the Acts hereby repealed, the Act or instrument shall be construed and have effect as if such reference was made to this Act or the corresponding provisions thereof. Interpretation. 3. In this Act, if not inconsistent with the context"Agency" means an agency of the State Savings Bank No. 13 of 1926, s. 2. under the direction of an officer of the Postal Department of the Commonwealth, or other person. "Branch Office" means an office of the State Savings Bank established by the Treasurer, to be under the direction of an officer of a State Department. "Friendly Society" includes trade union, industrial union, association, society, or club. |