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The Wines, Beer, and Spirit Sale Act, 1880-Amendment

owner, or part owner of any house licensed or about to be licensed, or by reason of his being directly or indirectly interested in such house, shall apply only when such house is situated in the district within which such meeting of Justices as aforesaid is held, or such conviction as aforesaid is made,' after the last word in the said section.

17. The 32nd section of the principal Act shall be, and is hereby amended, by repealing the word 'a,' in the third line, between the words at' and quarterly,' and substituting the word 'any' in lieu thereof; and also by repealing the words within brackets, in the fourth line, between the words' meeting' and 'for.'

18. The 59th section of the principal Act shall be, and is hereby amended, by repealing the word ten, in the sixth and ninth lines, and by substituting the word 'eleven' in lieu thereof, and also by inserting the words or travellers' between the words 'lodgers' and Provided,' in the sixteenth line.

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19. An Hotel License may be granted to any unmarried woman above the age of twenty-one years.

20. This Act and The Wines, Beer, and Spirit Sale Act, 1880,' and The Wines, Beer, and Spirit Sale Amendment Act, 1884,' shall be read and construed together as one Act. Provided that where any of the provisions of this Act shall be inconsistent with any of the provisions of either of the said Acts, the provisions of this Act shall prevail.

F. NAPIER BROOME,

GOVERNOR.

Preamble

Application of
Act and Short
Title

Act or any part

thereof may be

suspended

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO

VICTORIÆ REGINE

No. 27

An Act to provide for the constitution of Courts of General Sessions of the Peace in the Districts of East Kimberley and West Kimberley, and to amend the law relating to the qualification of Jurors and the constitution of Juries in such Courts.

B

[Assented to 2nd September, 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:

1. This Act shall apply only to the magisterial districts of East Kimberley and West Kimberley, and may be cited as 'The Kimberley Districts General Sessions Act, 1886.'

2. The operation of this Act, or any section or sections thereof, may be suspended by the Governor with the advice of the Executive

The Kimberley Districts General Sessions Act, 1886

Council; Provided that such suspension shall only take effect from the date of the proclamation thereof in the 'Government Gazette.'

Courts of
General Sessions

3. The Courts of General Sessions of the Peace appointed under Constitution of the provisions of an Ordinance made and passed in the ninth year of Her present Majesty, and numbered Four, and intituled 'An Ordinance to make provision for the trial of Criminal Offences at Albany and other remote Districts of the Colony of Western Australia,' for the Districts of East Kimberley and West Kimberley respectively, shall be holden before the Government Resident Magistrate of the district, or before such Magistrate and any one or more Justices of the Peace of the Colony.

4. The qualification of Jurors in the said districts shall be, in respect of freehold estate, Twenty-five pounds, and in respect of personal estate Fifty pounds, in lieu of the sum of Fifty pounds and One hundred and fifty pounds respectively mentioned in the 7th section of "The Jury Act, 1871.'

Modification of

the qualification

of Jurors

5. The Jury List prepared and signed by the Resident Magistrate Jury List of the district according to the provisions of the 10th section of The Jury Act, 1871,' but subject to the modified qualification mentioned in the last preceding section, shall be the Jury List in force in such district until the Jury List for an ensuing year has been prepared and signed.

attendance of Jurors

6. All Jurors for the trial of any information in the Court of Summoning and General Sessions for the district shall be summoned by virtue of a precept under the hand of the Chairman or Acting Chairman of the Court directed to some constable of the district, in the form in the first Schedule hereto, and upon receipt thereof the said constable shall summon and return not less than Twelve nor more than Eighteen persons whose names shall appear on the Jury List for the district for the time being, according to the order in which they shall successively appear therein, until every person shall have been 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 summoned a second time on the then next Jury or oftener until he shall have served for such default or defaults: Provided that no person residing beyond a distance of Fifty miles of the place of attendance shall be summoned to serve.

7. Every such precept shall be issued at least seven days before the attendance of such jurors shall be required; and every such summons shall be in the form contained in the second Schedule hereto, and shall be delivered to the respective persons personally or left with some adult member of their families or households at the residence of the person so summoned.

Issue of precept
Summons to
Jurors

for Jury and

jury deficient

8. If on any issue being called on for trial there shall be a Bystanders may deficiency of jurors, it shall be competent for the Court to command be summoned if any constable in attendance to summon as many good and lawful men of the bystanders (being duly qualified to serve as jurors, but whether on the Jury List or not) as shall be sufficient to make up a full jury for the trial of such issue.

No challenge of

9. It shall not be lawful to challenge or object to any person as Jurors except

for cause

Provisions of this Act to prevail

Commencement

of Act

The Kimberley Districts General Sessions Act, 1886

a juror unless for some reasonable cause shown to the satisfaction of the Court.

10. Wherever provisions of a similar nature to any of the provisions of this Act are to be found in The Jury Act, 1871,' or in any Act amending the same or incorporated therewith, the provisions of this Act shall prevail.

11. This Act shall come into operation and take effect from the first day of October, 1886. F. NAPIER BROOME,

Preamble

FIRST SCHEDULE

GOVERNOR.

FORM OF PRECEPT FOR SUMMONING A JURY

Western Australia,}

I, A.B., Chairman (or Acting Chairman) of the Court of General Sessions of

the Peace for the

before the Court on the

day of

District, command you that you cause to come next, at the hour of in the forenoon of the same day, good and lawful men of the District aforesaid, then and there to inquire, present, do, and perform all and singular such things which on behalf of our Sovereign Lady the Queen shall be enjoined to them, and have you then there as well the names of the Jurors as this Precept. Given under my hand and seal at this 18

Mr. C.D.,

day of
A.B.,

Chairman (or Acting Chairman).

SECOND SCHEDULE

FORM OF SUMMONS FOR JURYMEN

You are hereby summoned to appear as a Juror at the Court of General Sessions of the Peace for the District of to be held at

next at

on the
day of
o'clock in the
forenoon, and there to attend from day to day until you shall be discharged by the
said Court.

E.F.,

Constable.

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO

VICTORIÆ REGINE

No. 28

An Act to amend 'The Supreme Court Act, 1880.' [Assented to 2nd September, 1886.

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THEREAS by The Supreme Court Act, 1880,' due provision has not been made for the purpose of facilitating Appeals in Bankruptcy and other matters to the Full Court; and whereas it is

The Supreme Court Act, 1880-Amendment

expedient to provide for such Appeals: 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:

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1. The Full Court as constituted by The Supreme Court Act, Court of Appeal 1880,' shall be a Court of Appeal, and shall have jurisdiction and

power to hear and determine appeals from any judgment or order of Judicature Act, the Supreme Court or of any Judges or Judge thereof, subject to the 1873, s. 19 provisions of the said Act, and to such rules and orders of Court now

in force for regulating the terms and conditions on which appeals shall

be allowed, or as may from time to time be made, in accordance with the provisions of the said Act.

2. This Act shall be incorporated and read together with 'The Incorporation Supreme Court Act, 1880.'

F. NAPIER BROOME,

GOVERNOR.

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO

VICTORIÆ REGINE

No. 29

An Act to refer certain matters to the Federal Council of
Australasia. [Assented to 2nd September, 1886.

WE

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HEREAS under and by virtue of an Act made and passed in a Preamble Session of the Legislative Council held in the forty-eighth and forty-ninth years of the reign of Her present Majesty, numbered twenty-four, and entitled An Act to bring into operation, in respect of the Colony of Western Australia, an Act of the Imperial Parliament entitled "An Act to Constitute a Federal Council of Australasia,' the said last-mentioned Act is now in force in respect of the said Colony; and whereas it is desirable to refer certain matters to the Federal Council of Australasia, constituted by such last-mentioned Act: 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. In pursuance of the provisions of the said Act of the Imperial Parliament, the following matters are hereby referred to the Federal Council of Australasia, to the intent that so soon as the Legislature or Legislatures of another Colony, or other Colonies of Australasia, shall have referred the same matters respectively to the Council, the said Council may exercise legislative authority in respect of such matters, and that the Acts of the said Council relating to them respectively shall be in force in Western Australia, that is to say:

Reference to

Federal Council of certain

matters

The status of Corporations and Joint Stock Companies in other Matters referred
Colonies than that in which they have been constituted.

Short title

The Federal Council Reference Act, 1886

The trial and punishment in one Colony of offenders against the Laws of an adjoining Colony.

The general Defence of King George's Sound.

The general Defence of Thursday Island.

2. This Act may be cited as 'The Federal Council Reference Act, 1886.'

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Trustees enabled to raise money

on lands

ANNO QUINQUAGESIMO

VICTORIÆ REGINE

No. 30

An Act to enable the Trustees of the Swan River Mecha-
nics' Institute to raise Money on Mortgage of certain
Lands vested in them, and also to lease the same
Lands.
[Assented to 2nd September, 1886.

THEREAS certain parcels of land situate in the City of Perth,

Wand known as Perth Town Lots B4 and B91, are now vested

in Bernard Smith and Richard Pether for an estate in fee simple as Trustees of the Swan River Mechanics' Institute, and it is deemed expedient to empower the said Trustees to raise money, for the purposes hereinafter mentioned, by mortgage of the said lands and hereditaments, and to grant building or other leases: 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. It shall be lawful for the said Bernard Smith and Richard Pether, the trustees aforesaid, and the survivors and survivor of them and the heirs and assigns of such survivor, or the person or persons for the time being in whom the said lands, or any portion thereof, may be vested, with the concurrence of three-fourths of the members of the said institute present and voting at a properly constituted meeting of the members of the said institute, and with the consent in writing of the Governor for the time being of the said Colony, acting with the advice of the Executive Council, from time to time to borrow and take up at interest any sum or sums of money on security of the whole or any portion of the said lands and hereditaments for the purpose of erecting any new building or buildings on the said lands or any part thereof, or any alterations or additions to such new building or buildings, or to any building already erected on the said lands, or any portion thereof, or for the purpose of paying the cost already incurred for the erection of any such building, alteration, or addition; and, with

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