Page images

Lapse of time no bar to summary proceeding

Magistrate and Justices shall send certain cases for trial

Record and report of conviction

Incorporation of certain Acts

Aboriginal Native Offenders

then it shall be lawful for such one Justice to inquire into and try in a summary manner such felony or misdemeanor and to convict and sentence such native and to do all things incident to or in any way connected with such trial and sentence as fully and effectually to all intents and purposes as any two or more Justices are by this Act required or empowered to do.

8. No lapse of time from and after the commission of any offence hereby made summarily triable shall be a bar to the exercise of the summary jurisdiction hereby created, further or otherwise than as such lapse of time would be a bar to the prosecution of such offence by information in the Supreme Court.

9. It shall be lawful for any Magistrate and Justice, or Magistrate alone, or Justices or Justice as aforesaid, receiving any complaint or charge againstan aboriginalmative of any offence hereby made summarily triable by him or them, or inquiring into the matter of such complaint or charge, if the circumstances of the case shall seem to them or him to require a more formal hearing, or a more exemplary punishment than can be given under this Act, to decline to exercise the summary jurisdiction aforesaid, and instead thereof to take the evidence of the witnesses and to send such case for trial, according to its mature or magnitude, either before the Supreme Court or the Court of General Quarter Sessions of the district in which the offence charged was committed, or, if the offence is not charged to have been committed within a General Quarter Sessions district, then before the Court of General Quarter Sessions which shall be nearest to the place where the said offence is charged to have been committed, and to take proper recogniZances for the appearance of all parties and witnesses at the trial, and to return the same to the Supreme Court or Court of Quarter Sessions respectively.

10. As soon as possible after every conviction under this Act, the convicting Magistrate and Justices, or Magistrate or Justices or Justice as aforesaid shall transmit a record of such conviction, in the form in the Schedule hereto, to the Registrar of the Supreme Court, to be filed and kept by that officer amongst the records of his office, and he or they shall likewise transmit to the Colonial Secretary a report of such conviction, containing an abstract of the information or complaint and of the evidence for and against the convicted person.

11. All the provisions of the Acts now in force in Western Australia regulating or defining the duties of Justices in criminal cases, so far as the said provisions are consistent with the provisions of this Act, shall be considered to be and the same are hereby incorporated into this Act, and every Magistrate and Justice of the Peace in exercising the duties imposed upon him or them by this Act shall follow the course of procedure in the said Acts provided for so far as is practicable, and as the circumstances of the case shall permit; but no summons, warrant, complaint, charge, conviction, recognizance, or other document, or proceeding taken, made, or used under this Act shall be held to be bad for any defect of form, but in all cases, and in all courts regard shall be had alone to the substantial merits and justice of the case, and no Magistrate or Justice of the Peace, nor any person acting under his or their authority or direction, shall be liable to answer at law, civilly or criminally, for any act done or professed to be done in pursuance of


Aboriginal Native Offenders

this Act, unless it be alleged and proved that such act was done from
wilful and corrupt motives. And no trial of any aboriginal native
before any Court of General Quarter Sessions shall be held to be bad
or invalid, by reason of the said Court being the Court of a district other
than that to which a Magistrate or Justice or Justices are by this or by
any other Act directed to send such native for trial.
12. In case any person shall be charged with the commission of any
offence under this Act, the burden of proof that such person is not of
the whole or half-blood of the aboriginal native race shall be on the
person so charged, unless it be apparent to the Magistrate or Justice or
Justices before whom such person is charged that such person is of
less than the half-blood of the aboriginal native race.
13. It shall be lawful for the Governor or officer for the time being

administering the Government of Western Australia, with the advice
of the Executive Council of the said Colony, by writing under his hand,
to be forthwith published in the ‘Government Gazette,’ to appoint any
person to act as a Magistrate in any district or part of the Colony, and
thereupon such person shall have and exercise during the term of his
appointment, in the district or part in which he shall be so appointed
to act as aforesaid, every power, not only under this Act, but also in
all matters and things both civil and criminal whatever within the
jurisdiction of a Magistrate. Save as aforesaid, a Magistrate shall
continue to act only within the district to which he shall have been

14. This Act shall come into force on the first day of January,



ORDINANCES AND ACTS REPEALED 12 Wic., No. 18.-‘An Ordinance to provide for the Summary Trial and Punishment of Aboriginal Native Offenders in certain cases.’ 23 Wic., No. 10.—An Ordinance to amend the first-mentioned Act. 38 Wic., No. 8.—An Act to amend the first-mentioned Act.

Form of Record of Conviction Western Australia, to wit.

Be it remembered, that on the day of , 18 , A.B. (convict's name), an aboriginal native of (place or district) in the said Colony, was convicted before me (or, us) (name of Magistrate or Justices), a Magistrate (or, Justices) of the said Colony, under the authority of “The Aboriginal Offenders Act, 1883,’ upon an information laid the day of , 18 , by C.D. of (name, residence, and rank or calling of person laying the information) for that the said A.B. (convict's name) at (place or district where the offence was committed), in the said Colony, on the day of , 18 , (herestate briefly the offence sufficiently to show that it is an offence triable summarily wnder this Act); whereupon I (or, we) do, under the authority aforesaid, order and adjudge that the said A.B. (convict's name) be for his said offence imprisoned (and kept to hard labor) for the term of

Given under my (or, our) hand and seal the day of , 18

[merged small][merged small][merged small][ocr errors][graphic][graphic][graphic]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

2. From and after the passing of this Act the second section of section 2 of The Pearl Shell Fishery Regulation Act, 1875,' shall be amended by .;; the addition of the words ‘or otherwise collecting,' next after the tion of words" or words ‘diving for;' and the said section shall be read and construed ...” as if the words now added were inserted in and formed part of the said Section as aforesaid. F. NAPIER BROOME, GoverNOR.

[ocr errors][merged small][merged small][merged small][merged small]

EREAS by “The High School Act, 1876,” certain persons 40 vic, No. 8

elected and appointed as therein provided were constituted a body politic and corporate, with perpetual succession, by the name or style of ‘The Governors of the High School, Perth,’ and empowered by the same name from time to time, and at all times thereafter, to receive, purchase, acquire, take, and hold to them and their successors, in trust for and to and for the purposes of such School, any messuages, lands, tenements, and hereditaments of what nature or kind soever, and to grant, demise, alien, or otherwise deal with all or any of the property, real or personal, belonging to the Said School; And


Governors Cmpowered to mortgage

Execution of deeds

High School, Perth, Mortgage

whereas by Deed Poll, bearing date the 22nd day of July, 1882, under the hand of the then Governor and the Public Seal of the Colony of Western Australia, all that piece or parcel of land situate and being in the city of Perth, containing one acre two roods and thirty-one perches, more or less, and known in the Survey Office as ‘Perth Town Lot H 54,’ was granted and assured to ‘The Governors of the High School, Perth,’ and their successors, in trust for and to and for the purposes of such School, and to permit the said premises and all buildings thereon erected or to be erected to be for ever thereafter appropriated and used as and for a High School for boys, as established by law; And whereas the Governors for the time being of the said School have contracted for the erection upon the said land of certain buildings for the purposes of the said School, and are desirous of raising moneys by mortgage of the said land for the payment of the construction of the said buildings; And whereas doubts have arisen as to whether the said Governors can legally mortgage the said land granted to them as aforesaid, or any other lands which they may hereafter acquire for the purposes of the said School, and it is deemed expedient to settle such doubts, and to empower the said Governors from time to time to grant mortgages of any lands, hereditaments, and tenements which may be vested in them : 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. It shall be lawful for ‘The Governors of the High School, Perth,’ and their successors, by a deed or deeds, from time to time to mortgage the said land and hereditaments or any part thereof, and any other lands and hereditaments which they may hereafter acquire or any part thereof, in fee simple or for any term or terms of years for any sum or sums of money and in such manner as the said Governors may think fit, and to assure the said lands and hereditaments so to be mortgaged to the mortgagee or mortgagees thereof, his, her, or their heirs or assigns, or to demise the same to such mortgagee or mortgagees for any term of years and either with or without a power of sale and leasing respectively in case of default being made in payment of the principal or interest moneys at the time or times to be appointed for the payment thereof respectively, and with or without a power of distress, and such other and accompanying powers, clauses, and provisions as shall be deemed expedient, and to give receipts for the moneys so to be advanced ; and the lands and hereditaments so to be mortgaged and assured or demised shall thenceforth be held and enjoyed by the mortgagee or mortgagees thereof, his, her, or their heirs, executors, administrators, and assigns, freed and absolutely discharged from the trusts upon which the said Governors may theretofore have held the same. Provided always, that the said Governors shall not have power to grant, mortgage, demise, or alien the said piece of land known as ‘Perth Town Lot H 54,” or any part thereof, without first obtaining the consent in writing of the Governor of the said Colony acting with the advice of the Executive Council.

2. The corporate seal of the said Governors shall be affixed to every deed executed in exercise of the powers conferred by this Act, at a general meeting of the said Governors, by the chairman of such

« EelmineJätka »