No. 11 An Act to amend The Boat Licensing Act, 1878.' [Assented to 28th July, 1886. E 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: Board. 1. Every Licensing Board shall have power to regulate the number Regulations by of persons to be employed in the working of any boat, vessel, or steamer to be licensed, and the manner in which goods (including passengers' baggage) shall be stowed or carried in any such boat, vessel, or steamer; and every such regulation as aforesaid shall be specified in the license; but no such regulation as aforesaid shall be made to apply to any boat, vessel, or steamer to be licensed to carry goods only. 2. Notwithstanding anything in 'The Boat Licensing Act, 1878,' contained, the Licensing Board may in any case in which it shall appear to the Board that the carrying of a sufficient number of life buoys will ensure adequate protection of life, exempt any steamer from the obligation of carrying or towing astern a boat, and such exemption may be a general exemption or limited to certain of the waters on which such steamer may be licensed to ply. In every case in which the Board shall grant any exemption as aforesaid, the Board shall specify in the license the number of life buoys to be carried by such steamer, and every such life buoy shall be considered of the equipment of such steamer and shall be kept so secured thereon as to be ready for immediate use; in default whereof the master and the owner of such steamer shall each of them on summary conviction before any Justice of the Peace in Petty Sessions forfeit and pay any sum not exceeding Ten pounds. Every exemption under the authority of this section shall be endorsed by the Board upon the license. 3. The words anywise unsound or incomplete,' in the 13th line of the 6th section of The Boat Licensing Act, 1878,' are hereby repealed, and the words 'unsound or incomplete in any material particular shall be inserted and read in lieu thereof. 4. The license of every boat, vessel or steamer now licensed, or that may be granted before the last day of February next, under 'The Boat Licensing Act, 1878,' shall, subject to the powers of the Licensing Board to suspend or restrict the license, remain in force until the last day of February next. 5. From and after the last day of February next every license granted to any boat, vessel, or steamer shall, subject to the powers of the Licensing Board to suspend or restrict the license, remain in force until the last day of February next following the date from which the Board may exempt steamers to carry boat from obligation Amendment of 42 Vic., No. 24 6th section of Existing licenses to run to end of Licenses to expire last day every year of February in Board may extend license Temporary licenses Fees for Boat Licensing Act-Amendment said license shall commence and the form of license in Schedule A of the said Act shall be altered accordingly. 6. Any Licensing Board may extend a license granted to any boat, vessel, or steamer for a period not exceeding one month, on payment of the full license fee for the ensuing year. 7. Any Licensing Board may grant a temporary license to any boat, vessel, or steamer for a period not exceeding seven days, on payment of a fee of One pound. 8. In lieu of the Scale of Charges for Licenses and Surveys contained in Schedule B of the said Act, the following scale shall be substituted: : ... ... ... ... 1 1 0 ... 1 1 0 9. This Act and The Boat Licensing Act of 1878' shall be read and construed together as one Act. F. NAPIER BROOME, GOVERNOR. Now see 57 Vic., No. 11, Schedule 1, Duty on Opium An Act to impose a Duty upon the Importation of Opium. [Assented to 28th July, 1886. E it enacted by His Excellency the Governor of Western Australia Bind its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. On and after the passing of this Act, except as hereinafter mentioned, there shall be charged, raised, collected, levied, and paid upon opium, and all goods, wares, and merchandise mixed or saturated with opium or with any preparation or solution thereof, or steeped therein respectively, imported into Western Australia, whether by land or by sea, in lieu of any duty now imposed thereon, a specific duty of Twenty shillings per lb. The Opium Duty Act, 1886 able on.Opium to be used as medicine only 2. The said duty of Twenty shillings per tb. shall not be chargeable No duty chargein respect of opium or any goods, wares, and merchandise as aforesaid intended to be used as medicine only; but in such case the duty mentioned in the Fourth Schedule of The Tariff Act, 1882,' shall be paid; and the collector or any principal officer of Customs or person acting for cither of them shall require from any person claiming to pay such lesser duty such evidence, by statutory declaration, as the collector, principal officer of Customs, or person acting as aforesaid (as the case may be) shall see fit, which declaration he is hereby empowered and authorised to administer. duty 3. The said duty of Twenty shillings per Hb. shall be collected and Collection of levied in the manner provided by and subject and according to the provisions of any Ordinance, Act, or law for the time being in force for the general regulation of the Customs of the Colony. 4. This Act may be cited for all purposes as 'The Opium Duty Act, Short title 1886.' WHER [Assented to 16th August, 1886. WHEREAS it is expedient to provide a better mode than that Preamble now in use of deciding any difficult question of law which may arise in Criminal Trials in any Court of Oyer and Terminer and Gaol Delivery, and to make further amendments in the administration of the Criminal Law: 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 when any person shall have been convicted of any treason, felony, or misdemeanor, in or before any Court of Oyer and Terminer, or Gaol Delivery, or Court of General Sessions of the Peace within the Colony, the Judge, or Commissioner, or Justices of the Peace before whom the case shall have been tried may in his or their discretion reserve any question of law which shall have arisen on the trial for the consideration and determination of the Judges of the Supreme Court; and thereupon shall have authority to respite the execution of the judgment on such conviction, or postpone the judgment until such question of law shall have been considered and decided, as he or they may think fit; and, in either case, the Court in its discretion shall commit the person convicted to gaol, or shall take a recognizance of. bail, with one or more sufficient surety or sureties, and in such sum as Questions of law may be reserved Criminal Juris at Courts of diction for ccnsideration of Judges Questions reserved to be certified to Judges Judgment by Criminal Law Procedure-Amendment the Court shall think fit, conditioned to appear at such time or times and places as the Court shall direct, and receive judgment, or to render himself in execution, as the case may be. 2. The Judge or Commissioner or Court of General Sessions of the Peace by which such question of law may have been so reserved shall thereupon state a case setting forth the question or questions of law which shall have been so reserved, with the special circumstances upon which the same shall have arisen, and the Judge or Commissioner or Chairman presiding in such Court shall sign and transmit the same, within a reasonable time, to the Judges of the Supreme Court; and the said Judges, whether the person so convicted be present or not, shall have full power and authority to hear and finally determine the said question or questions, and thereupon to affirm, amend, or reserve any judgment which shall have been given on the information or inquisition on the trial whereof such question or questions have arisen, or to avoid such judgment and to order an entry to be made on the record that in the judgment of the said Judges, or a majority of them in case there shall be more than two Judges, the party convicted ought not to have been convicted, or to arrest the judgment or to give judgment thereon if the person so convicted be present, or to order judgment to be given thereon at some other Session of Oyer and Terminer or Gaol Delivery, or General Session of the Peace (as the case may be) if no judgment shall have been before that time given, or to direct a venire de novo or new trial to be had, or to make such other order as justice may require. . 3. Such judgment or order (if any) of the said Judges shall be entered by the Registrar of the Supreme Court on the original record in proper form if such question or questions have been reserved by a Judge of the Supreme Court; and such judgment or order (if any) shall, if such question or questions have been reserved by a Commissioner or Judge acting as a Commissioner under section 12 of 'The Supreme Court Act, 1880,' or by a Court of General Sessions of the Peace, be certified under the hand of the Chief Justice, or Senior Judge in the case of his absence, to the Clerk of the Court or Judge's Associate (as the case may be), who shall enter the same on the original record in proper form; and a certificate of such entry under the hand of the Registrar of the Supreme Court or Clerk of the Court or Judge's Associate (as the case may be), in the form as near as may be or to the effect in the Schedule annexed to this Act, with the necessary alterations to adapt it to the circumstances of the case, shall be delivered or transmitted by him to the Sheriff or Gaoler in whose custody the person convicted shall be; and such certificate shall be a sufficient warrant to such Sheriff or Gaoler and all other persons for the execution of the judgment as the same shall be so certified to have been affirmed or amended, and execution shall thereupon be executed on such judgment, and for the discharge of the person convicted from further imprisonment if the judgment shall have been reversed, avoided, or arrested, and in that case such Sheriff or Gaoler shall forthwith discharge him; and the next Court of Oyer and Terminer and Gaol Delivery or General Sessions of the Peace (as the case may be) shall vacate the recognizance of bail (if any), and if the Court of Oyer and Terminer and Gaol Delivery or General Sessions of the Peace shall be Criminal Law Procedure-Amendment directed to give judgment, the said Court shall proceed to give judgment at the next session. 4. The Judges of the Supreme Court, when a case has been reserved for their opinion, shall have power if they shall think fit to cause the case to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended. Case may be sent back for amendment delivered in open Court 5. The judgment or judgments of the Judges of the Supreme Court Judgment shall be delivered in open Court, after hearing counsel or the parties in case the Attorney General or other prosecutor or the person convicted shall think fit that the case be argued, in like manner as other judgments of the Supreme Court are now delivered. F. NAPIER BROOME, GOVERNOR. SCHEDULE To the Sheriff of Western Australia and the Gaoler of the Gaol at the and all others whom it may concern. Whereas at the session of Oyer and Terminer and Gaol Delivery (of the Supreme Court of Western Australia) (or, at the Court of General Sessions of the Peace) held at before (Judge or Commissioner) (or, before, among others one of Her Majesty's Justices, and Chairman of the said Court) on day 188 A.B. having been found guilty of felony (and here state the substance of the judgment, if judgment has been given), the Court before whom he was tried reserved a certain question of law for the consideration of the Judges of the Supreme Court, and judgment was postponed, or, (if the case be so) execution was thereupon respited in the meantime. This is certify that it has been considered by the said Judges that the judgment aforesaid be annulled (or otherwise, as the case may be), and you are therefore required forthwith to discharge the said A.B. from your custody. C.D. Registrar of Supreme Court (or Judge's Associate, or Clerk of the Court of ). WESTERN AUSTRALIA ANNO QUINQUAGESIMO VICTORIÆ REGINE No. 17 An Act to provide for the constitution of Magisterial [Assented to 16th August, 1886. Districts. WHEREAS THEREAS different portions of the Colony have heretofore Preamble the authority of the Governor, to be Magisterial Districts, and such districts are referred to in various Ordinances and Acts of the Legislature and in other public documents, and doubts have arisen as to the legal constitution of such districts and whether the same can in all |