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Fees

Plans of buildings to be approved by Municipal Council

Wentilation of ground floors

Notice by Municipal Council of required alterations

The Building Act Amendment Act, 1887

4. Subject to the approval of the Governor in Executive Council, the Municipal Council shall have power to frame a scale of fees to be paid by any owner or builder to the Surveyor of the Municipal Council in respect of any order, license, or matter or thing required or permitted by this Act.

5. No block of ground shall be laid out for building unless and until a plan showing clearly the number of houses proposed to be built and the area to be occupied by each house has been laid before and approved by the Municipal Council, and it shall be unlawful for the Municipal Council to approve of any plan which does not show that every proposed building intended to be or capable of being used as a dwelling house shall, unless all the rooms therein can be lighted and ventilated from a road, street, alley, or passage adjoining, have in the rear or on one side thereof an open space, exclusively belonging thereto, of the following extent :–

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The Building Act Amendment Act, 1887

public interest; and thereupon such builder or owner shall pull down or so alter or add to the said building as to remove the ground of objection, unless he with due diligence prosecute an appeal or bring an action as hereinafter mentioned.

8. Any builder or owner feeling aggrieved by any refusal to sanction, or any notice or order of the Municipal Council, may appeal therefrom to the Supreme Court by motion on notice duly given, or may bring an action at law against the Municipal Council in respect of any refusal to sanction, or notice or order of the said Council, and the usual incidents of litigation shall apply to such motion or action. The Clerk of the Municipal Council shall be the person to receive notice of such motion or to be the defendant to such action, and should the Clerk as such person be ordered by the Court to pay costs or be cast in damages, such costs or damages shall be paid by the Municipal Council out of moneys raised by rates duly levied by them or by a rate levied for the purpose.

F. NAPIER BROOME,
GovernoR.

W E S T E R N A U S T R A L I A
ANNO QUINQUAGESIMO PRIMO

VICTORIAE REGINAE

No. 18

An Act to further amend ‘The Pearl Shell Fishery
Regulation Acts, 1873 and 1875.’
[Assented to 20th August, 1887.

Who it is expedient further to amend the said Acts: 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. That this Act may be cited as ‘The Pearl Shell Fishery Regulation Acts Amendment Act, 1887.’

2. That notwithstanding the repeal by ‘The Pearl Shell Fishery Regulation Act, 1875, of the third section of ‘The Pearl Shell Fishery Regulation Act, 1873, the following words in the said repealed section, namely:—‘From and after the passing of this Act no master of any ‘ship or vessel or any other person shall employ any aboriginal native ‘of the said Colony in the pearl shell fishery except he shall have ‘entered into a separate written agreement with him and had the same ‘endorsed as hereinafter mentioned,' shall be and are hereby revived and re-enacted, and shall be read and construed together with the unrepealed parts of the said Act of 1873, save only that the words, “after o o: of this Act,” in the said section, shall relate to the passing of this Act.

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The Pearl Shell Fishery Regulation Acts Amendment Act, 1887

Gofficers who may 3. That the fifth, sixth, eighth, and ninth sections of the said Act

.** of 1873, and the proviso in the fifth section of the said Act of 1875, shall be read and construed as if, in lieu of the persons therein mentioned, there had been named the Inspector of Pearl Fisheries, a Resident Magistrate, a Protector of Aborigines, and a Justice of the Peace ; and the Form of Endorsement given in Schedule B of the said Act of 1873 shall be amended by the substitution of

Inspector of Pearl Fisheries,
Resident Magistrate,
Protector of Aborigines,
Justice of the Peace,

Police Constable,

One of the persons appointed to ensure the carrying out of ‘The Pearl Shell Fishery Regulation Act, 1873.”

As to sending 4. That the ninth section of the said Act of 1873 shall be amended

*...* by the addition thereto of the words following:—

District ‘And any person convicted of such offence may be ordered by the ‘convicting Justices, at his own expense, to convey such native back ‘to the place or district to which such native belongs, by such route ‘as to the said Justices shall seem fit or may be required by the said “Justices, in addition to and not in substitution for such fine or “penalty, to pay such further sum as to the said Justices shall seem fit “for the purpose of paying for such conveyance of such native, and ‘such further sum shall for all purposes be and be deemed to be added ‘to the said fine or penalty, so as to become a part thereof; provided ‘such fine or penalty, together with the said sum, shall not exceed ‘Fifty-five pounds.’

Provided always that the payment of such sum shall not be in

substitution for, but may be in addition to, any sentence of imprisonment that may be inflicted by any Justice or Justices under the provisions of the twenty-ninth section of ‘The Aborigines Protection Act, 1886.’

, Officers who may 5. That the powers given to certain persons by the eleventh and board Vessels twelfth sections of the said Act of 1873 may be exercised not only by | such persons but also by the Inspector of Pearl Fisheries, a Resident Magistrate, or a Protector of Aborigines.

in lieu of

This Act to be 6. That this Act shall be read and construed, as far as is consistent so with the tenor thereof, with ‘The Pearl Shell Fishery Regulation .do?” Acts, 1878, 1875, and 1888'; and shall come into operation on the

first day of January next.
F. NAPIER BROOME,
GOVERNOR.

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Loan Act, 1884—Re-appropriation, 1887

W E S T E R N A U S T R A L I A
ANNO QUINQUAGESIMO PRIMO

WICTORLAE REGINAE

No. 20

An Act for the Re-appropriation of portion of certain
Moneys appropriated for certain purposes by “The
Loan Act, 1884.' [Assented to 20th August, 1887.

HEREAS by “The Loan Act, 1884, the Governor was empowered to raise under the said Act any sum or sums not exceeding in the whole Five hundred and twenty-five thousand pounds Sterling, to be expended on the construction of the Public Works mentioned and enumerated in the Schedule to the said Act; And whereas one of the public works so mentioned and enumerated was the construction of Harbour Works at Fremantle, to which the sum of One hundred and five thousand pounds was appropriated in the said Schedule; And whereas by an Act of the 50th Victoriae, No. 23, a portion of the said sum of One hundred and five thousand pounds, to wit, the Sum of Seventy-nine thousand five hundred pounds, was re-appropriated to certain public works in the Schedule to that Act mentioned and enumerated; And whereas it is desirable to re-appropriate a further portion of the said sum of One hundred and five thousand pounds, to wit, . o of Three thousand pounds to the purpose hereinafter men10ned : And whereas by “The Loan Act, 1884,” certain sums in the Schedule thereto mentioned and enumerated were appropriated to the making of Telegraphs; ... And whereas one of the sums so appropriated was a sum of Fifteen hundred pounds appropriated to the Gingin Telegraph, and the said sum is insufficient: 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. That the sum of Three thousand pounds, being portion of Reappropriation

the said sum of One hundred and five thousand pounds, be, and is “*”
hereby re-appropriated for the purpose of, and to be expended on,
improving the navigation of the River Swan at and near the Bar,
Fremantle. Provided that the said sum of Three thousand pounds
shall be provided for and repaid to the Colonial Treasury, for the
purposes of Harbour Works at Fremantle, out of the first moneys to
be hereafter raised by loan.

2. That any unexpended balances of any sums mentioned and Appropriation of enumerated in the Schedule to ‘The Loan Act, 1884, as appropriated ...”

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