Repeal of section 15, Metropolitan Waterworks Act, 1896.

Board may burn

bodies of dead

animals on

catchment area. Destruction of dead bodies.

Secretary may

appear in Court.

Metropolitan Waterworks.

hundred," in the first and second and the sixth lines of such section, are hereby struck out, and the words "Four hundred and twenty" inserted in lieu thereof.

3. SECTION fifteen of the Metropolitan Waterworks Act, 1896, is hereby repealed, and the principal Act and Acts amending the same shall be read and construed as though the said section had never been enacted. The following shall be substituted in lieu of the repealed section:

The rates, charges for water, and other sums received by the Board by virtue of this Act shall be apportioned in the first place to the management and maintenance of the said Metropolitan Waterworks; in the next place to paying the interest half-yearly at the rate of four per centum per annum on the debentures outstanding, and in the next place to the redemption of debentures at the rate of one per centum per annum on all debentures outstanding, except such as have been issued less than one year, and in the next place to the improvement of the said works. The first payment on account of the redemption of debentures shall be made on the first day of July, one thousand nine hundred and two, and thenceforward half-yearly until the redemption of all the debentures raised under this Act.

4. THE Board, or its servants or agents, may burn the body of any dead animals found within the catchment area, whether upon private land or otherwise.

5. THE Secretary to the Board shall be entitled to appear personally in all suits, prosecutions, and legal proceedings to which the Board is a party in any Local Court or Police Court.

6. NO portion of the moneys raised under the powers conferred by this Act shall be expended by the Board without the approval of the Governor.

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

ARTHUR LAWLEY, Governor.

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

AN ACT for procuring the Attendance of
Witnesses before Royal Commissions.

BE

[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 and Legislative Assembly of Western Australia, in this present Parliament assembled. and by the authority of the same, follows:

as

1. THIS Act shall be cited as the Royal Commissioners' Powers Act, 1902.

Short title.

summon witnesses.

2. IT shall be lawful for any Royal Commission, appointed or to be appointed by the Governor, to summon, by writing under the Commission may hand of the chairman of the Commission, any person whose evidence shall, in the judgment of the Commission, be material to the subject matter of the inquiry to be made by such Commission, to attend the said Commission at such place and time as shall be specified therein; and such person may be required by such summons to bring any And require producbooks, papers, writings, deeds, and documents of which any Court of tion of books, etc.

law

to appear

witness.

as

a

Royal Commissioners' Powers.

law might compel the production, and any member of such Commission may examine such person, upon oath or otherwise, touching the matter to be inquired into by such Commission.

3. IF any person on whom any such summons shall have been Penalty for refusing served by the delivery thereof to him, or by the leaving thereof at his usual place of abode, shall neglect or fail to appear according to the exigency of the summons requiring his attendance, or being present shall refuse to be sworn or to give evidence, or to make answer to such questions as shall be put to him by any member of such Commission, touching the subject matter of the inquiry, or if any person having the custody or control of such books, papers, documents, and writings shall, upon being summoned as aforesaid, fail or neglect to produce them at the time and place named in such summons, such person so offending shall forfeit and pay to His Majesty, for every such default, any sum not exceeding One hundred pounds, to be recovered in a summary way before any Court of summary jurisdiction, by any person authorised by the Commission so to do.

4. ANY witness attending in pursuance of any such summons Witnesses' expenses. shall be entitled to expenses for travelling and maintenance during his absence from his usual place of residence, according to the scale allowed by the rules of the Supreme Court in civil cases to witnesses, and such expenses shall be paid by the Colonial Treasurer out of consolidated revenue, if certified by the chairman of such Commission.

to penalty unless payment of expenses made or tendered.

5. NO person summoned as a witness as aforesaid shall be liable Witnesses not liable to any penalty for refusing or neglecting to appear as a witness unless at the same time as the service of summons there shall have been made to such person a payment or a tender of his travelling expenses, according to the scale allowed by the Supreme Court in civil cases to witnesses.

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

ARTHUR LAWLEY, Governor.

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

AN ACT to restrict the operation of the Law of Prescription respecting Access and Use of Light and Air to Buildings.

[Assented to, 19th February, 1902.]

E it enacted by the King's Most Excellent Majesty, by and

BE 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. THE short title of this Act is the Light and Air Act, Short title. 1902.

or use of

2. EXCEPT as herein provided, after the passing of this Act Access no tenement shall become servient to any other in respect of the light or air. access of either light or air, and no person shall have or acquire, by prescription, grant, or otherwise, any claim or right to the access of light or air to any land or building from or over the land of any other person:

Provided

Applicat on.

Law relating to pollution of air not affected.

Repeal.

Light and Air.

Provided that nothing in this Act contained shall prejudice or affect any easement or right to access or use of either light or air now existing, or acquired by prescription or otherwise, prior to the passing of this Act:

Provided further, that a grant of the right of access of light or air made at any time after the passing of this Act may be enforced if

(a.) Such grant be made by deed duly executed and regis

tered;

(b.) Such grant shall provide that the benefit thereof shall inure for a term not exceeding twenty-one years, and no longer.

3. THIS Act shall apply to all lands in the State of Western Australia, including lands held by or on behalf of His Majesty, his heirs and successors.

4.

NOTHING in this Act shall be deemed to repeal or affect any law or statute relating to the pollution of air.

5. SECTION three of the Imperial Act, passed in the second and third years of King William the Fourth, Chapter seventy-one, intituled the Prescription Act, 1832. shall cease to have operation within Western Australia on and after the passing of this Act.

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

ARTHUR LAW LEY, Governor.

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