Page images
PDF
EPUB
[blocks in formation]

An Act for the purpose of further Re-appropriating certain Unexpended Balances of certain Moneys raised under The Loan Act, 1884.'

WHE

6

[Assented to 19th April, 1888.

WHEREAS by the said Act the Governor was empowered to Preamble raise any sum not exceeding in the whole Five hundred and twenty-five thousand pounds sterling, to be appropriated to the construction of the Public Works mentioned and enumerated in the Schedule thereto.

And whereas by the said Schedule a sum of One hundred and five thousand pounds was appropriated to Harbour Works at Fremantle.

And whereas under the said Act the sum of Five hundred and twenty-five thousand pounds was raised under the provisions of the said Act.

And whereas after the raising of the said sum it was provided by an Act passed in the fiftieth year of Her Majesty, and intituled 'An Act for the Re-appropriation of portion of certain moneys appropriated for Harbour Works at Fremantle, by "The Loan Act, 1884, that out of the said sum of One hundred and five thousand pounds certain sums should be re-appropriated to certain Public Works mentioned and enumerated in the Schedule thereto.

And whereas out of the several sums of money appropriated or re-appropriated under the provisions of the said Acts to the Public Works in the respective Schedules thereto mentioned there still remain certain unexpended balances in the second column of the Schedule to this Act mentioned, in respect of the Public Works in the first column of the said Schedule mentioned:

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 it shall be lawful for the Governor to expend on the Re-appropriaPublic Works in the third column of the Schedule hereto mentioned

the sums of money in the second column of the said Schedule

mentioned.

tion

2. This Act may be cited for all purposes as 'The Re-appropria- Short title tion Act, 1888.'

F. NAPIER BROOME,

GOVERNOR.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Preamble

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO SECUNDO

VICTORIÆ REGINE

No. 2

An Act to repeal the Act 38 Victoria, No. 18, and to incorporate a new body of Trustees of the Church of England in Western Australia.

[Assented to 21st November, 1888.

W 935 Victoria, No. 18, it was provided that the Standing

THEREAS by an Act of the Legislative Council of this Colony,

Committee for the time being of the Diocesan Synod of the branch of the Church of England in Western Australia should be incorporated, and should have power to hold lands and other property in Trust for the said Church; And whereas the Synod of the said Church are desirous of having Statute 38 Victoria, No. 18, incorporating the said Standing Committee as Trustees of the said Church, repealed; And that the said Standing Committee should cease to be Trustees of the said Church, and that another body of Trustees be incorporated in their place: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with

[ocr errors]

Church of England Incorporation of New Trustees

the advice and consent of the Legislative Council thereof, as follows:

1. The Ordinance 38th Victoria, No. 18, intituled 'An Act for 38 Vic., No. 18, repealed the Incorporation of the Standing Committee of the Diocesan Synod of the branch of the Church of England in Western Australia,' is hereby repealed.

New Trustees

2. The Right Reverend Father in God Henry Hutton Parry, Incorporation of Doctor of Divinity, Lord Bishop of Perth; the Very Reverend Frederick Goldsmith, Dean of Perth; the Venerable James Brown, Archdeacon of Perth; Mr. Justice Edward Albert Stone; the Honourable Anthony O'Grady Lefroy, Esquire; and William Thorley Loton, Esquire, and their successors as appointed by Statute of the Synod, or to be appointed in accordance with the provisions of any Statute of Synod to be made and enacted hereafter, shall be and are hereby constituted a Corporation, by the name and style of 'The Diocesan Trustees of the Church of England in Western Australia'; and by that name shall and may have perpetual succession and a common seal, to be by them from time to time altered as they shall think fit, and by the same name to sue and be sued, plead and be impleaded, in all Courts of Law and Equity, and shall exercise all the powers and perform all the functions and duties by the Statutes of Synod, now or hereafter to be enacted, directed and empowered and intended to be performed by the said Trustees; and the said Trustees shall have full power to acquire and hold for the said Church, by purchase, devise, or otherwise, all lands, tenements, and hereditaments, whatsoever of every tenure, and also all personal estates, and of conveying, assigning, demising, or otherwise disposing of such real and personal estate, and shall also have power to borrow and take up at interest any sum or sums of money for the purpose of erecting or improving, or aiding in erecting or improving, Churches, Parsonage Houses, or other buildings, or in the improvement of any freehold property: and for any such purpose to mortgage by deed under the said corporate seal such portions of the said lands, tenements, and hereditaments as may be necessary for securing the repayment of such moneys with interest thereon. And the said Trustees shall have power to take, hold, employ, and invest all such real and personal estate as they shall deem advisable and shall be thereunto authorised by Statutes of Synod as aforesaid ;but nevertheless only for the purposes of the branch of the Church of England in Western Australia, subject to the performance of any Trusts upon which the said lands, tenements, hereditaments, and personal estate may have been acquired, and subject in all respects to the Statutes, orders, directions, and regulations of the said Synod. Provided always that no lands which have been, or shall, or may be hereafter given or granted by the Crown to or for the use or benefit of the said Church, without pecuniary consideration therefor, sball be conveyed, transferred, mortgaged, sold, or otherwise disposed of except with the consent of the Governor.

3. All lands or other property now vested in the said Standing Committee, shall be and the same are hereby vested in the Diocesan Trustees of the Church of England in Western Australia for the time being, for the same estate as such lands and property are now held by

Church lands

vested in StandCommittee

transferred to Trustees

Diocesan

Church of England-Incorporation of New Trustees

the said Standing Committee, but upon and subject to all trusts, covenants, contracts, and liabilities affecting the same.

4. The Diocesan Trustees of the Church of England in Western Australia shall be liable upon and entitled to the benefit of all contracts, bonds, covenants, agreements, and engagements made, executed, or entered into by the said Standing Committee with any person, corporation, or company, or by any person, corporation, or company with the said Standing Committee, in the same manner and as fully as if the said Diocesan Trustees were originally parties to the same contracts, bonds, covenants, agreements, and engagements in place of the said Standing Committee.

5. The words 'Standing Committee,' in 49th Victoria, No. 19, shall be read as and taken to mean the Diocesan Trustees of the Church of England in Western Australia, and all rights, powers, privileges, and discretions thereby conferred, and all duties thereby imposed upon the said Standing Committee shall be enjoyed, exercised, and performed by the said Diocesan Trustees.

F. NAPIER BROOME,

GOVERNOR.

WESTERN

AUSTRALIA

Application of "The Bank

ANNO QUINQUAGESIMO SECUNDO

VICTORIÆ REGINE

No. 3

An Act for the purpose of establishing a Holiday to commemorate the Foundation of Australia.

[Assented to 26th November, 1888.

THEREAS it is desirable that every Anniversary of the Twentysixth day of January be kept as a Public Holiday, in commemoration of the commencement of the settlement of Australia under the Crown in the year of Our Lord One thousand seven hundred and eighty-eight:

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 all the provisions of The Bank Holidays Act, 1884,' Holidays Act' to be applicable to the twenty-sixth day of January in every year, as fully as if the said day had been included in the schedule to the said Act.

the 26th day of January

Short title

2. That this Act may be cited as 'The Bank Holidays Act, 1884, Amendment Act, 1888.'

F. NAPIER BROOME,

GOVERNOR.

Patents for Inventions

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO SECUNDO

VICTORIÆ REGINE

No. 5

An Act to amend and consolidate the Law relating to
Patents for Inventions.

WHE

[Assented to 26th November, 1888.

HEREAS it is desirable to amend and consolidate the law relating to Patents for Inventions: 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 Patent Act, 1888.'

Short title

2. This Act, except where it is otherwise expressed, shall come Commencement into operation on the first day of January, One thousand eight hundred

and eighty-nine.

3. For the purposes of this Act, and save so far as the context Interpretation requires a different meaning, the following words shall have the meanings in this section assigned to them, namely:

The Registrar' shall mean the Registrar of Patents.

'The Court' shall mean the Supreme Court of this Colony.
'Prescribed' shall mean prescribed by any of the schedules to
this Act, or by regulations under this Act.

'Examiner' shall mean any skilled person or persons to whom
the Registrar shall refer questions concerning Patents
under this Act.

'Foreign vessel' shall mean vessel belonging to any other state
or colony.

4. The Patent Office shall be attached to the Department of the Registrar General, or to a branch of such Department, and shall be under the immediate control of the Registrar of Patents, who shall be appointed by the Governor.

5. Any act or thing directed to be done by or to the Registrar may, in his absence, be done by or to any officer for the time being in that behalf authorised by the Registrar General.

The Patent Office of Patents

and the Registrar

Provision for absence of Registrar

Office

6. There shall be a seal for the Patent Office, to be called 'The Seal of Patent Seal of the Patent Office,' and impressions thereof shall be judicially noticed and admitted in evidence.

7. [Repealed by 58 Vic., No. 4.]

Persons entitled to apply for patent

specification

8. (1) An application for a patent must be made in the form set Application and forth in the First Schedule to this Act, or in such other form as may be from time to time prescribed, or in a form as like thereto as the

« EelmineJätka »