The Bush Fires Act, 1885 Council to be unlawful to set fire to the bush within any district or part of the Colony, as hereinafter mentioned. Occupier of land' shall include any person residing on the land and having charge or control thereof, whether such person shall be the owner or tenant, or a bailiff, servant, caretaker, or other person residing and having charge or control as aforesaid. 5. The Governor, with the advice of the Executive Council, may from time to time, by notice published in the Government Gazette,' declare the times of the year during which it shall be unlawful within any district or part of the Colony, mentioned in the said notice, to set fire to the bush within that district or part, and may from time to time revoke, vary, or amend such declarations by notice as aforesaid. Governor in prohibited times Council to fix evidence 6. A copy of the Government Gazette,' purporting to be printed Government by the Government Printer, and containing any such notice as afore- Gazette' to be said, shall be received in all courts of justice and elsewhere as evidence of the prohibited times within the district or part of the Colony named in such notice. Penalty for settinge to the hibited times bush during pro 7. Every person who shall wilfully or negligently set fire to the bush within any district or part of the Colony, during the prohibited times for that district or part, shall be liable, on conviction thereof before any two or more Justices of the Peace, to a penalty not exceeding Fifty pounds. Provided that any lawful occupier of land may set Proviso fire to the bush on the land in his occupation if he shall have previously given to all the occupiers of the lands next adjacent to his said land, not less than seven days before he shall set fire to the bush as aforesaid, a notice in writing that he intends to set fire to the bush on the land in his occupation on some day or days between the seventh day and the fourteenth day after giving the said notice as aforesaid, and if he shall also take all such precautions as shall prevent the fire from extending to any of the lands adjacent, or from damaging the crops, grass, trees, houses, or buildings on any of the lands adjacent. 8. The said notice may be in the form in the Schedule to this Act, Service of notice or in any other form which shall clearly convey the information required by this Act to be given to the adjoining occupiers; provided that notice shall be deemed to have been duly given under this Act if it shall have been either given or shown to the occupier of the adjacent land, or if it shall have been left at his usual place of abode; and provided further, that no notice as aforesaid shall be necessary in the case of lands which are unoccupied. occupiers 9. If any occupier of land shall wilfully set fire to the bush on the Penalty for setlands in his occupation during any prohibited times without having without notice given notice to all the occupiers of adjacent land as aforesaid, he shall to adjacent be liable, on conviction thereof before any two or more Justices of the Peace, to a penalty not exceeding Fifty pounds, although such fire shall not have extended to any of the adjacent lands and shall not have done any damage as aforesaid. 10. No conviction, payment of penalty, endurance of punishment, or proceeding taken under this Act shall take away or affect any right of action or other remedy at Common Law or otherwise which any Saving of other proceedings remedies and Incorporation of certain sections of Shortening Ordinance The Bush Fires Act, 1885 person may have in respect of any loss or damage caused by any such fire as aforesaid, nor interfere with the provisions of the Act of the Imperial Parliament relating to malicious injuries to property, adopted by The Criminal Law Consolidation Ordinance, 1865.' 11. The sections in the Schedule of 'The Shortening Ordinance, 1853,' lettered respectively A, C, F, and I, shall be incorporated with and taken to form part of this Act to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act. F. NAPIER BROOME, SCHEDULE Form of Notice Take notice that I intend to set fire to the bush on my land situate at on some day or days between the and the day of To Mr. of 188 . day of Signed Date Time of Registration extended to thirty days Penalty for WH WESTERN AUSTRALIA ANNO QUADRAGESIMO NONO VICTORIÆ REGINÆ No. 10 An Act to amend 'The Dog Act, 1883. [Assented to 18th September, 1885. HEREAS it is expedient to amend 'The Dog Act, 1883': 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. The time within which the owner of a dog shall register such dog in each and every year after the first day of January, or after he shall have become the owner at any other period of the year, is hereby extended from fifteen to thirty days, and whenever the words' fifteen days' occur in the fourth and eleventh sections of the said Act the words 'thirty days' are hereby substituted in lieu thereof. 2. The words 'a sum of Forty shillings,' in the eleventh section of the said Act, are hereby repealed, and the words 'a sum not exceeding Forty shillings' are substituted in lieu thereof. The Dog Act, 1883—Amendment Secs. 17, 18, and 3. Sections 17 and 18 and the proviso at the end of section 11 of proviso of 'The Dog Act, 1883,' are hereby repealed. s. 11 of 47 Vic., No. 13, repealed 4. The provisions aforesaid shall not affect any liability incurred, Saving clause or any proceedings commenced or taken in respect thereof before the coming into force of this Act, but such proceedings may be continued as if this Act had not passed. original natives in certain cases 5. It shall be lawful for any aboriginal native to keep one unregis- Dogs of abtered dog; Provided, always, that whenever the number of unregistered to be destroyed dogs found in the possession of one or more natives shall be in excess of the number of the party of such natives, including men, women, and children, such dog or dogs in excess shall be liable to be destroyed, and all constables are hereby authorised to destroy the same. F. NAPIER BROOME, GOVERNOR. WESTERN AUSTRALIA ANNO QUADRAGESIMO NONO VICTORIÆ REGINÆ No. 11 An Act to secure an Annuity to Dame Jane Barlee, for [Assented to 18th September, 1885. life. WE THEREAS it is expedient to recognise the long and meritorious services, as Colonial Secretary of the Colony of Western Australia, of the late Sir Frederick Palgrave Barlee, Knight Commander of the Most Distinguished Order of St. Michael and St. George, by an Annuity of One hundred and fifty pounds sterling to be granted to his widow, Dame Jane Barlee, for her life; And whereas it is expedient that such Annuity be secured in manner hereinafter provided: 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. That a yearly sum of One hundred and fifty pounds sterling shall be paid out of the General Revenue of the said Colony to the said Dame Jane Barlee, for the term of her natural life, in equal monthly instalments, commencing from the first day of January in the present year. 2. That the Warrants of His Excellency the Governor of the said Colony, directed to the Colonial Treasurer, for the payment of the said annuity in manner aforesaid, as the same shall from time to time become due and payable, shall be sufficient authority to the said Treasurer for making such payments; and the receipt of the said Dame Jane Barlee or of her appointee in writing shall be a full discharge to the said Treasurer in respect of any sum thereby acknowledged to have been received, and the amount thereof shall be passed to his credit in account accordingly. F. NAPIER BROOME, GOVERNOR. Destruction of Rabbits Act-Amendment Short title Repeal of Sec. 4 Sec. 7 of 47 Vic., Inspectors shall present annual report to Governor WESTERN AUSTRALIA ANNO QUADRAGESIMO NONO VICTORIE REGINE No. 15 An Act to amend The Destruction of Rabbits Act, 1883.' [Assented to 18th September, 1885. WHEREAS, it is deemed expedient to amend the Act for the Destruction of Rabbits, so as to extend its provisions to all lands comprised within the territorial limits of Western Australia: 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 as "The Destruction of Rabbits Amendment Act, 1885.' 2. Section 4 of The Destruction of Rabbits Act, 1888,' is hereby repealed. 3. Section 7 of the said Act is hereby amended, by omitting the words 'exclusive of the use of poison, unless with the occupier's consent.' 4. Every Inspector appointed by the Governor under the provisions of the aforesaid Act shall, not later than the last day of June in each year, send in a report to the Governor, containing particulars as to whether any, and, if any, what number of rabbits have been reported to him or are known by him to exist in his district, and what steps he has taken for their destruction; which report shall be laid before the Legislative Council at the next sitting thereof. F. NAPIER BROOME, GOVERNOR. Preamble WESTERN AUSTRALIA ANNO QUADRAGESIMO NONO VICTORIÆ REGINE No. 18 An Act to provide for the Licensing of certain Persons THEREAS it is expedient to provide for the Licensing of Persons who shall use or carry for use Guns within certain limits, and to restrict the issue of such Licenses: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, The Gun License Act, 1885 by and with the advice and consent of the Legislative Council thereof, as follows: 1. This Act may be cited as 'The Gun License Act, 1885.' Short title terms 2. In this Act the term 'gun' includes a firearm of any description, Definition of and an airgun or any other kind of gun from which any shot, bullet, or other missile can be discharged. 3. It shall not be lawful for any person to use or carry for use a gun within the boundaries of any Municipality or within a distance of five miles beyond such boundaries elsewhere than in a dwelling-house or the curtilage thereof, without having in force a license duly granted to him under this Act. Use of gun with. out license pro hibited 4. No person under the age of sixteen years shall be entitled to Restriction of obtain a license under this Act. license of license Schedule A 5. Every license to be granted under this Act shall be in the form Form and date contained in the Schedule A hereto, and shall be granted, on payment of the sum of five shillings, by any collector or sub-collector of revenue, or any other person appointed in that behalf by the Governor, to any person not under the age of sixteen years applying for the same, provided he is not by law prohibited from using or carrying a gun. Provided that if any person applies for a license who in the opinion of the Proviso collector or sub-collector, or other person appointed as aforesaid, is under the age of sixteen years, it shall be lawful for the collector or sub-collector, or other person appointed as aforesaid, to refuse to grant the applicant a license until he shall have satisfied such collector or sub-collector, or other person appointed as aforesaid, that he is of the age of sixteen years. Every license shall bear date the day on which it is granted, and shall expire on the thirty-first day of December then next ensuing, and no license shall be transferable. 6. Every collector, sub-collector, or other person appointed in that behalf, who shall grant licenses under this Act, shall keep a register in the form in the Schedule B hereto of all such licenses granted by him, specifying the christian and surname, place of residence, and occupation of every person licensed, and the date of each license; and any Justice of the Peace, or police officer, or constable, or any person licensed under this Act, may at any time inspect such register of licenses. 7. Every person who shall use or carry for use a gun within the boundaries of any Municipality or within a distance of five miles beyond such boundaries elsewhere than in a dwelling-house or the curtilage thereof, without having in force a license duly granted to him under this Act, shall be liable to a penalty not exceeding Two pounds. Provided always, that the said penalty shall not be incurred by any of the following persons, namely: (1) By any person in the naval, military, or volunteer service of (2) By any honorary member of a volunteer corps using or VOL. II. K Register of licenses Schedule B Penalty for using or carrying gun without license |