AN

No. XIII.

ACT to authorise the Construction of a Tramway from Carnarvon to to Babbage Island Jetty.

[Assented to, 19th February, 1902.]

E it enacted by the King's Most Excellent Majesty, by and
with the advice and consent of the Legislative Council Preamble.

BE

and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as

follows:

1.

1902.

2.

THIS Act may be cited as the Carnarvon Tramway Act,

Short title.

Authority

IT shall be lawful to construct and maintain a tramway from the Townsite of Carnarvon to Babbage Island Jetty, with count Tramway. all necessary, proper, and usual works and conveniences in connection therewith, in the line described in the Schedule to

this Act.

3.

Deviation.

Carnarvon Tramway.

3. IT shall be lawful for the Commissioner of Railways to deviate from the line, as described in the Schedule, to the extent of half-a-mile on either side thereof.

In the name and on behalf of the King I hereby assent to this Act.

ARTHUR LAWLEY, Governor.

SCHEDULE.

CARNARVON TO BABBAGE ISLAND JETTY TRAMWAY.

DESCRIPTION

OF LINE OF TRAMWAY.

Commencing at a point in or near Carnarvon Townsite, and proceeding thence in a generally North-Westerly direction for about six chains; thence in a generally West-South-Westerly direction for about thirty-two chains; thence in a generally North-Westerly direction for about one mile two chains; thence in a generally Westerly direction for about thirty-seven chains; thence in a generally West-South-Westerly direction for about sixty-nine chains, and terminating at a point in Sharks Bay, at the Head of Babbage Island Jetty, 4,586 feet from the commencement of the Jetty on Babbage Island, as more particularly delineated by a red line on Map marked P.W.D., W.A., 8138, deposited as provided for by 55° Victoriæ, No. 34, Section 10. Total length of Tramway about 2 miles

66 chains.

By Authority: WM. ALFRED WATSON, Government Printer, Perth.

HEREAS it is desirable to declare, consolidate, and

WH
amend the Criminal Law: Be it enacted and declared Preamble.
by the King's Most Excellent Majesty, by and with the advice and
consent of the Legislative Council and Legislative Assembly of
Western Australia, in this present Parliament assembled, and by
the authority of the same, as follows:-

1. THIS Act may be cited as the Criminal Code Act, 1902.

Short title.

Code.

2. ON and from the first day of May, One thousand nine hundred and two, the provisions contained in the Code of Criminal Establishment of Law set forth in the First Schedule to this Act, and hereinafter

called "

66

the Code," shall be the law of Western Australia with

respect to the several matters therein dealt with.
The said Code may be cited as "The Criminal Code."
3. ON and from the coming into operation of the Code---
(1) The several Statutes of the Realm mentioned in the
Second Schedule to this Act, shall be repealed, so far as

they

Schedule I.

Repeal.

Schedule II.

Schedule III.

Schedule IV

Saving.

Criminal Code.

they are in force in Western Australia, to the extent in the said schedule indicated;

(2.) The several Statutes of Western Australia mentioned in the Third Schedule to this Act shall be repealed to the extent in the said schedule indicated;

(3.) The several Statutes of Western Australia mentioned in the Fourth Schedule to this Act shall be amended in the manner in the said schedule indicated, and shall be read and construed as being so amended accordingly.

Provided as follows:

(1.) The repeal of any Statute or part of a Statute set forth in the said schedules shall not affect the construction of any other Statute, or of any other part of the same Statute, whether as regards the past or the future:

(2.) When any enactment not mentioned in the said schedules has been repealed, confirmed, revived, or perpetuated, by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation, shall not be affected by the repeal effected by this Act:

(3.) This Act shall not affect the validity, invalidity, effect, or consequences, of anything already done or suffered, or any existing status, or capacity, or any right, title, obligation, or liability, civil or criminal, already acquired accrued, or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand, or any indemnity, or the proof of any past act or thing; and any action, prosecution, or other proceeding begun before the coming into operation of the Code, may, subject to the provisions of the Code, be continued as if this Act had not been passed; and any act, action, prosecution, or other proceeding, in respect of anything done or omitted to be done before the coming into operation of the Code, may, subject to the provisions of the Code, be brought, taken, and prosecuted in the same manner as if this Act had not been passed:

(4.) This Act shall not, except as expressly therein declared, affect any principle or rule of law or equity, or established jurisdiction, or form or course of pleading, practice, or procedure, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived, by, in, or from any enactment hereby repealed:

(5.)

Criminal Code.

(5.) This Act shall not revive or restore any jurisdiction,
duty, liability, right, title, privilege, restriction, exemp-
tion, usage, practice, procedure, form of punishment
or other matter or thing not now existing or in force.

Construction of

4. FROM and after the coming into operation of the Code, the following rules shall, unless the context otherwise indicates, Statutes, Statutory apply with respect to the construction of Statutes, statutory Rules, and other rules, by-laws, and other instruments, that is to say:

(1.) When in any Statute, statutory rule, by-law, or other
instrument, public or private, the term "felony," is
used, or reference is made to an offence by the name of
felony, it shall be taken that reference is intended to
an offence which is a crime under the provisions of the
Code:

(2.) When in any Statute, statutory rule, by-law, or other
instrument, public or private, the term "murder" is
used, it shall be taken that reference is intended to the
crimes of wilful murder, and murder, and each of them :
(3.) When in any Statute, statutory rule, by-law, or other
instrument, public or private, the term "larceny" is
used, it shall be taken that reference is intended to
the crime of stealing:

(4.) When in any Statute, statutory rule, by-law, or other
instrument, public or private, reference is made to
any offence by any specific name, it shall be taken
that reference is intended to the offence which, under
the provisions of the Code, is constituted by the Act
or omission that would heretofore have constituted
the offence referred to:

(5.) When in any Statute, statutory rule, by-law, or other
instrument, public or private, reference is made to any
of the statutory provisions hereby repealed, it shall be
taken that reference is intended to the corresponding
provisions or substituted provisions of the Code.

tralia as

instruments.

exclusive, with cer

5. FROM and after the coming into operation of the Code, no person shall be liable to be tried or punished in Western Aus- Provisions of Code for an indictable offence, except under the express pro- tain exceptions. visions of the Code, or some other Statute Law of Western Australia, or under the express provisions of some Statute of the Commonwealth of Australia, or of the United Kingdom which is expressly applied to Western Australia, or which is in force in all parts of His Majesty's dominions not expressly excepted from its operation, or which authorises the trial and punishment in Western Australia of offenders who have, at places not in Western

Australia,