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Delivery and analysis of samples of liquor

Certificate of

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

17. Any sample of liquor taken or purchased as aforesaid may be delivered to the public analyst, or if there shall be more than one such analyst, to the analyst who shall be or reside nearest to the place where such liquor shall have been taken or purchased, together with the name and address of the licensed person from whom such liquor was taken or purchased; and the said analyst, upon being required to analyse such sample by the said Justice, police officer, or other person, or by the said licensed person, shall appoint a time and place at which he shall make an analysis of the said liquor, of which appointment due notice in writing shall be given or sent by him by post or otherwise to the licensed person whose liquor is about to be analysed, and such licensed person shall be entitled to be present personally, or by his agent in that behalf, at the breaking of the seal and the analysis of the liquor.

18. Every analyst acting under this Act shall set forth the result result of analysis of his analysis in a certificate in the form in the Schedule hereto, or to the like effect, and he shall deliver without fee a copy thereof signed by him to the Justice, officer, purchaser, licensed person or his agent as aforesaid requiring the same, and he shall retain and keep one signed copy of his certificate.

Procedure on prosecutions for selling adulterated liquor

Penalty for permitting disorderly conduct

on licensed premises

Penalty for ob

false representa


19. A prosecution of any licensed person for the sale or attempted sale, or possession of any liquor adulterated or mixed, as aforesaid, may be commenced at any time within six months from the taking or purchase of the liquor as aforesaid; and at the hearing of the complaint or charge, the production of a copy of the certificate of the analyst purporting to be signed by him as aforesaid shall be evidence of all the facts therein stated. The defendant and his or her wife or husband shall be competent but not compellable to give evidence on behalf of himself, or herself, or of the defendant at the hearing of such complaint or charge, and the analyst may be summoned as a witness at the hearing of the charge, and if a sufficient sum of money for his travelling and other expenses to and from the place of hearing shall be first paid or tendered to him, the said analyst shall attend as a witness at the said hearing, but not otherwise.

20. If any licensed person shall permit any disorderly conduct to take place on any part of his premises, he shall on conviction thereof before any one or more Justices of the Peace in Petty Sessions be liable to a penalty not exceeding Twenty pounds.

21. Every person who, by falsely representing himself to be a bond taining liquor by fide traveller or a lodger, shall buy or obtain, or attempt to buy or obtain, at any licensed premises, liquor or refreshment during Sunday, Good Friday, or Christmas Day, or between the hours now prohibited under the fifty-ninth section of the principal Act, shall on conviction thereof before any one or more Justices of the Peace in Petty Sessions forfeit and pay for every such offence a sum not exceeding Five pounds.

Amendment of


22. The proviso to section 15 of the principal Act is hereby sec. 15 of 44 Vic., repealed, and in lieu thereof the said section shall be read and construed as if the following words were added thereto, namely, 'Provided, nevertheless, that if the term of any such license shall commence on or after the first day of April in any year, the licensee shall pay only three-fourths of such annual license fee; if on or

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

after the first day of July, one-half of such fee; and if on or after the first day of October, only one-fourth of such annual fee.'

23. Nothing in this Act shall affect or take away any other remedy against any offender under this Act, or in any way interfere with the rights and remedies belonging to contracts made with reference to any of the matters referred to in this Act.

Reservation of rights and offenders

remedies against

Repeal of Sec

tions 71 and 72

of 44 Vic.,

No. 9

24. From and after the commencement of this Act, the 71st and 72nd Sections of the principal Act shall be repealed; provided that this repeal shall not affect the prosecution of any person for any offence against the provisions of the 71st Section committed before the commencement of this Act, but such a prosecution may be commenced, continued, or concluded as if the said Sections still remained in force. 25. This Act shall come into operation on the first day of January, Commencemen 1885.

of Act

26. This Act may be cited for all purposes as 'The Wines, Beer, Short title and Spirit Sale Amendment Act, 1884.'





I, the undersigned, being the Resident (or Police) Magistrate for the District
sitting at
day of

do hereby transfer the rights and privileges of the within License to C.D. for the
residue of the term between this day and the first day of the month following the
next quarterly licensing meeting.


Western Australia,}


Whereas A B., of

hath deposited in this office a certificate from the major part of the Justices of the Peace assembled at the quarterly licensing meeting held at on the


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day of



the year of our Lord one thousand eight hundred and
the issue to the said A.B. of an hotel license for the house known (or, to be
known) by the sign of
situate at
in the said Colony
of Western Australia; And whereas the said A.B. hath paid into my office the sum
pounds sterling as the duty on such license; Now I, by virtue of
the powers vested in me, hereby license the said A.B. to keep an hotel and to sell
liquor in any quantity in the house in which he now dwelleth (or, is about to
dwell) being the sign of
the appurtenances thereto belonging but not elsewhere, to lodgers or boarders in
the said hotel for the use of such lodgers or boarders or of their guests, to be
consumed on the premises, and to persons taking a meal at the said hotel; and
this license shall commence upon the first day of

day of

situate at

in force until the
days inclusive, provided it be not forfeited in the meantime.
Given under my hand and seal at


aforesaid and in

next and continue then next ensuing, both

day of

, one thousand eight hundred and

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Collector of Internal Revenue.
(or other person, as the case may be.)

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


I, the undersigned, Public Analyst for the Colony of Western Australia, do hereby certify that I received on the day of from (name and address of person delivering the sample), a sample of (description of liquor) for analysis, and that I have analysed the same, and I declare the result of my analysis to be as follows:


The said sample of liquor was not adulterated

The said sample of liquor was adulterated by the following foreign ingredients, that is to say:

or, The said sample was mixed with or contained tobacco, &c.

or, The said sample was mixed with or contained a certain matter or ingredient injurious to health, that is to say:

As witness my hand, this

day of


A.B., Public Analyst.

Amended by
59 Vic., No. 29

Short title

Interpretation of terms




No. 15

An Act to regulate the construction of Buildings in Perth
and Fremantle, and other Towns within the Colony.
[Assented to 10th September, 1884.

HEREAS it is expedient that the Construction of Houses and mantle, and under certain circumstances in other towns within the Colony of Western Australia, should be regulated by law: 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. This Act may be cited for all purposes as The Building Act, 1884.'

2. In this Act, unless the context otherwise requires,-
(1) The word 'council' shall mean the mayor and councillors
of Perth or of Fremantle, or of any other municipality
within the Colony declared and proclaimed to be a
municipality under the provisions of The Municipal
Institutions Act, 1876,' or of any other Act in that
behalf, and brought under this Act in manner herein-
after mentioned.

(2) The word 'municipality' shall mean the city of Perth or
the town of Fremantle, or any other town or place
declared and proclaimed to be a municipality under the
provisions of the aforesaid Acts in that behalf, and
brought under this Act in manner hereinafter mentioned.

The Building Act, 1884

(3) The word 'mayor' shall include the mayor, chairman, or
other similar officer of the municipality by whatever
name he may be called.

(4) The words 'town clerk' shall mean and include the town
clerk of any municipality, or any officer of a munici-
pality performing similar duties to those of a town clerk
by whatever name he may be called.

(5) The word surveyor' shall mean and include the surveyor
of any municipality, or any officer appointed in pursuance
of this Act to perform the duties of such a surveyor,
any deputy of such surveyor.


(6) The word 'person' shall include a body corporate.
(7) The words 'public street' shall mean and include every
public street, road, footway, square, thoroughfare or
other place within the municipality.

(8) The words' public building' shall mean and include every
building used as a church, chapel, or other place of
public worship; also every building used for purposes of
public instruction; also every building used as a college,
public hall, hospital, theatre, public concert room, public
exhibition room, or for any other public purposes.
(9) The word 'party-wall' shall apply to every wall used or
built as a separation of any building from any other
building, such buildings being occupied by different


(10) The word 'owner' shall apply to every person in possession
or receipt either of the whole or of any part of the rents
or profits of any house, building, land, or tenement.
(11) The words 'Director of Public Works' shall mean the
Director of Public Works, or any person who may here-
after perform similar duties to those now devolving upon
the said director.

3. [Repealed by 59 Vic., No. 29.]

4. No person shall commence to build, take down, alter, add to, or repair any building, or to make any excavation, or to do any other act whereby any public street may be obstructed or rendered dangerous or inconvenient to persons passing over or near thereto, unless he shall have given three clear days' previous notice in writing to the surveyor of his intention to commence such building or other work, or do such other act, and shall have put up a proper hoarding or fence to the satisfaction of the surveyor, as a protection to passengers, and also a platform and handrail to serve as a footway for passengers if it shall be required by the surveyor, and in such place and in such manner as the surveyor shall direct.

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streets without

5. No person shall deposit any stones, bricks, lime, rubbish, timber, No materials to iron, or other materials on any public street, nor make any excavation be deposited on on any land abutting on or adjoining or contiguous to any public license from the street, unless he shall first have obtained from the surveyor a license surveyor in writing for that purpose, or shall, in the case of an excavation as aforesaid, have securely fenced off the same from the said street. Such


Maintenance and lighting of hoardings and fences

Penalty for disobeying preceding sections

Hoardings erected and materials de

posited, in any manner otherwise than per

may be removed

and sold

The Building Act, 1884

license shall state the purpose for which and the conditions upon which it has been granted, and the surveyor may grant the license subject to the condition that the licensee shall erect, for the safety and convenience of the public, such hoardings or fences at such places, and of such form, character, and dimensions as to the surveyor shall seem fit. And the council is hereby authorised to fix, charge, and recover fees to be paid for such license.

6. Every person erecting any such hoarding or fence as aforesaid shall keep and maintain the same, with the platform and handrail (if any) thereto, standing and in good condition, to the satisfaction of the surveyor, during such time as shall be necessary for the public safety and convenience; and every person erecting or causing to be erected any hoarding, fence, or obstruction of any kind whatever, on any public street, or at any excavation as aforesaid, shall cause the same to be well and sufficiently lighted every night from sunset to sunrise to prevent accidents, and shall remove the same and fill up any excavation, and shall repair any damage done to the public street, within a reasonable time after being required in writing so to do by the


7. If any person shall do any act contrary to, or shall neglect or omit to do any act required to be done by, any of the three next preceding sections, such person shall incur a penalty not exceeding ten pounds for every such offence, to be recovered summarily as hereinafter provided for.

8. If any person shall erect or set up in or on any public street or place any hoarding, fence, or scaffold, or any enclosure, for any purpose whatever, or shall make any excavation on any land abutting on, or adjoining, or contiguous to, any public street (except such excavation mitted by license, shall be securely fenced off from such public street), or shall deposit any stone, bricks, lime, rubbish, timber, iron, or other materials in or on any public street, without a license from the surveyor, or do any such act as aforesaid in any other manner than as permitted by such license, or continue the same beyond the time stated in such license, or fail to keep any hoarding, fence, platform, or handrail in good repair, it shall be lawful for the council to cause any such excavation to be filled up, and by an order of the council to order the costs and expenses of such filling up to be paid, and to cause such hoarding, fence, scaffold, or enclosure to be pulled down, and the materials thereof, and also all the stone, bricks, mortar, lime, or other building materials, and all other matters and things contained within any such enclosure to be removed and deposited in such place as the council may think fit, and to be kept until the charges of pulling down and removing the same be paid to the council; and in case the said materials, matters, and things be not claimed and the said charges paid within the space of eight days next after such seizure thereof, it shall be lawful for the council to order the same to be sold, and by and out of the net proceeds of such sale to pay such charges, and to render any surplus to the owner or other person by law entitled thereto; and in case the proceeds of such sale be insufficient to cover such charges, and the charges of selling and disposing of such materials, matters, and things, the deficiency shall be repaid by the owner of such materials, matters, or

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