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The Innkeepers Act, 1887

such innkeeper, after having, out of the proceeds of such sale, paid himself the amount of any such debt, together with the costs and expenses of such sale, shall on demand pay to the person depositing or leaving any such goods, chattels, carriages, horses, wares, or merchandise the surplus (if any) remaining after such sale: Provided further, that the debt for the payment of which a sale is made shall not be any other or greater debt than the debt for which the goods or other articles could have been retained by the innkeeper under his lien.

Provided also, that at least one month before any such sale the landlord, proprietor, keeper, or manager shall cause to be inserted in a newspaper circulating in the district where such goods, chattels, carriages, horses, wares, or merchandise, or some of them, shall have been deposited or left, an advertisement containing notice of such intended sale, and giving shortly a description of the goods and chattels intended to be sold, together with the name of the owner or person who deposited or left the same where known.

2. This Act may be cited as 'The Innkeepers Act, 1887.' F. NAPIER BROOME,

Short title

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ANNO QUINQUAGESIMO PRIMO

VICTORIÆ REGINE

No. 17

An Act to amend The Building Act, 1884.'

[Assented to 20th August, 1887.

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 :

1. This Act may be cited as 'The Building Act Amendment Act, Short title 1887,' and shall be read and construed with The Building Act, 1884.'

sion of Act

2. Whereas by the 3rd section of 'The Building Act, 1884,' power Notice of extenis given to the Governor with the advice of the Executive Council, under certain circumstances and in manner prescribed, to apply the provisions of the said Act inter alia to other portions of Perth and Fremantle than those to which it now applies, be it enacted that the notice in the Government Gazette' in the said section mentioned shall take effect and come into operation three calendar months after the date of such notice.

3. Notwithstanding the 13th section of The Building Act, 1884,' the Municipal Council shall have power in their discretion to permit, by written license, the erection of any building under such restrictions or for such time as the license shall specify.

Municipal license buildings

Council may

Fees

Plans of buildings to be approved by Municipal Council

Ventilation 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:

When such building has a frontage not exceeding fifteen feet, the extent of the open space shall be one hundred and fifty square feet at the least;

When such building has a frontage exceeding fifteen feet, but not exceeding twenty feet, the extent of the open space shall be two hundred square feet at the least;

When such building has a frontage exceeding twenty feet, and not exceeding thirty feet, the extent of the open space shall be three hundred square feet at the least; and When such building has a frontage exceeding thirty feet, the extent of the open space shall be four hundred and fifty square feet at the least.

Every such open space shall be free from any erection thereon above the level of the ceiling of the ground floor storey, and shall extend throughout the entire width (exclusive of party or external walls) of such building at the rear or side thereof.

6. No building intended to be or capable of being used as a dwelling house shall be allowed to be built higher than the floor level of the ground floor, unless and until the builder shall have satisfied the Municipal Council that such floor is so constructed or raised to such a height as to admit of a free current of air passing thereunder.

When any house, intended to be, or capable of being used as a dwelling house or for offices, is built in a low or damp situation, the Municipal Council may require that the space between the ground and the ground floor level shall be filled up with sand, cement, or other suitable material to such height as they shall direct.

The Council shall, in addition to the powers to frame by-laws granted to them in and by the fortieth section of The Building Act, 1884,' have power to make by-laws to regulate the thickness of walls, party walls, and parapets, the height of rooms, and the size and position of flues.

7. The Municipal Council may at any time during or after the erection of any building give notice to the builder or owner thereof of any matter or thing in the construction of such building which tends to render such building insanitary, unsafe, or prejudicial to the

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, Appeal 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

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An Act to further amend The Pearl Shell Fishery
Regulation Acts, 1873 and 1875.'.

WHE

[Assented to 20th August, 1887.

WHEREAS it is expedient further to amend the said Acts: Be it Preamble 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. That this Act may be cited as The Pearl Shell Fishery Regulation Acts Amendment Act, 1887.'

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2. That notwithstanding the repeal by The Pearl Shell Fishery Regulation Act, 1875,' of the third section of The Pearl Shell Fishery Regulation Act, 1878,' 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 1878, save only that the words, 'after the passing of this Act,' in the said section, shall relate to the passing

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of this Act.

Short title

Partial revival of
The Pearl Shell
Fishery Regula

section three of

lation Act, 1873.'

Officers who may endorse Agreements

As to sending

The Pearl Shell Fishery Regulation Acts Amendment Act, 1887

3. That the fifth, sixth, eighth, and ninth sections of the said Act of 1878, 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 1878 shall be amended by the substitution of

in lieu of

Inspector of Pearl Fisheries,

Resident Magistrate,

Protector of Aborigines,
Justice of the Peace,

Police Constable,

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

4. That the ninth section of the said Act of 1873 shall be amended Aboriginal back by the addition thereto of the words following:

to his own

District

•Officers who may board Vessels

This Act to be read with Acts of 1873, 1875, and 1883

'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.'

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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.'

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5. That the powers given to certain persons by the eleventh and twelfth sections of the said Act of 1878 may be exercised not only by such persons but also by the Inspector of Pearl Fisheries, a Resident Magistrate, or a Protector of Aborigines.

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6. That this Act shall be read and construed, as far as is consistent with the tenor thereof, with The Pearl Shell Fishery Regulation Acts, 1878, 1875, and 1888'; and shall come into operation on the first day of January next.

F. NAPIER BROOME,

GOVERNOR.

Loan Act, 1884-Re-appropriation, 1887

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO PRIMO

VICTORIÆ REGINÆ

No. 20

6

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.

WE

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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 Victoriæ, 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, the sum of Three thousand pounds to the purpose hereinafter mentioned:

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 Re-appropriation the said sum of One hundred and five thousand pounds, be, and is of £3,000′′ 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 graph balances

unexpended Tele

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