Improvement of Towns public purposes, or permanently appropriated for the purposes of public recreation, nor on any allotment, or part of allotment, containing any Hospital, Benevolent Asylum, Building used exclusively for charitable purposes, Church, Chapel, or other building used for Public Worship, Convent or Nunnery, Public School receiving aid from Government, Public Library, Museum, or Mechanics' Institute. 28. And be it enacted, that any person who shall wilfully injure, damage or destroy any street, pathway, ferry, bridge, ferry-boat, jetty, quay, well, spring, gate, fence, post, rail or paling, or any article or material, matter or thing, employed for the purposes of this Ordinance, or the property of the Trustees under this Ordinance; or shall upon any way used or appropriated to be used as a public footway only, drive any cart or carriage, except directly across on necessary occasions; or shall lead, ride, or drive any horse or other beast on any such footpath, except directly across the same as aforesaid; or shall suffer to stand or shall tie or fasten any horse or other beast on or across the same; or shall do or commit any act, or shall leave or place or put up any material or thing whatsoever, which shall cause or create any impediment, obstruction, nuisance, damage, or annoyance in or to the free passage of any such lines of communication as aforesaid, shall forfeit and pay a sum not exceeding five pounds, over and above the amount of any damages occasioned thereby; and the amount of such damages shall be handed over to the Treasurer appointed by such Trustees Provided, that if the property damaged be that of a private individual, the amount of such damage shall be paid to such individual, notwithstanding such individual shall have been examined as a witness. 29. And be it enacted, that the Trustees under this Ordinance may sue and be sued in the name of their Chairman, Treasurer or Clerk, for the time being; and that no proceedings by or against the said Trustees shall abate by reason of the death or removal of such public officer; and that in any proceedings, civil, criminal, or otherwise, by or against any of the Trustees under this Ordinance, he or they shall be sufficiently described as a Trustee or Trustees appointed by virtue of this Ordinance. Penalty for damage to pro perty of Trustees Trustees to sue and be sued in officer name of public 30. Provided always, and be it enacted, that the said Trustees Trustees not shall not be held to have rendered themselves personally liable for the personally liable repayment of any money borrowed, or interest thereof, by reason of having signed any securities in pursuance of this Ordinance, but such securities shall be held and considered as granted upon the sole credit and security of the Tolls; nor shall any Trustee be held personally liable for the payment of any sum, or performance of any contract, for which he shall not have bound himself personally, independent of his office as a Trustee under this Ordinance. under former 31. Provided always, and be it enacted, that all appointments of Appointments officers and all other proceedings whatsoever, which may have been and proceedings made or done by any Town-trust of the Colony, under or by virtue of Ordinances to be any of the Ordinances hereby repealed, shall be deemed and taken to valid have the same force and validity, and shall and may be acted upon as if the same had been made or done under or by virtue of this Ordinance. Limitation of informations Limitation of actions, &c., against office If Trustees refuse to levy a rate Governor may declare a rate Improvement of Towns 32. And be it enacted, that all informations and proceedings for offences against this Ordinance, shall be commenced within three calendar months after the offences thereby respectively charged shall have been committed, and shall be heard and determined, and the forfeitures and penalties in respect of the same shall be awarded and enforced in a summary manner before any one or more Justice or Justices of the Peace, according to the Provisions of an Ordinance passed in the fourteenth year of the Reign of Her present Majesty, intituled an Ordinance to facilitate the performance of the duties of Justices of the Peace in the Colony of Western Australia, with respect to summary convictions and orders.' 33. And be it enacted, that all actions and prosecutions to be commenced against any person for any thing done in pursuance of this Ordinance, shall be commenced within three calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other case; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be, shall certify his approbation of the action, and of the verdict obtained thereupon. 34. And be it enacted, that if the Trustees of any town shall at any time, after the passing of this Ordinance, refuse or neglect to levy a rate for the purpose of carrying into effect any specified improvement in the said Town, having for its object the formation or repair of any street or public thoroughfare, being either a continuation of or a necessary or convenient connection between any public roads, thoroughfares, or other lines of communication without the said townsite, within one calendar month after having been required so to do by any letter, notice, or requisition in writing signed by the Colonial Secretary, and served upon the Chairman of the Trust of the said Town, or if there be no such Chairman, then upon any Trustee resident therein, either personally or by leaving the same for him at his last or usual place of abode, calling upon the said Trust to impose and levy such rate, then in every such case it shall be lawful for the Governor, with the advice of the Executive Council, from time to time to declare a rate or rates for that purpose, not exceeding in the whole in any one year the amount of one pound for each and every allotment chargeable with such rate, and to notify the same in the Government Gazette,' and also to nominate and appoint a person to collect the same, which nomination shall be Improvement of Towns notified in the like manner, and in case of any non-payment of any such rate, then it shall be lawful for the Resident Magistrate of the district in which such townsite shall be situated, on the complaint of such Collector, to exercise all such powers and authorities for the enforcement of such rates as are hereby vested for the like purpose in the Chairman of any Town-trust. of fines 35. And be it enacted, that all fines and forfeitures recovered Appropriation under this Ordinance shall be divided, paid and applied as follows: that is to say, after deducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Chairman of the respective Town-trust, to be appropriated towards the purposes of this Ordinance, and the other moiety to the party or parties informing. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. SCHEDULES No. 1.-FORM OF NOTICE Under the provisions of the Ordinance for the Improvement of Towns in Western Australia, Notice is hereby given, to all parties interested therein, that the sum of £ is now due and owing for assessments chargeable upon Allotment No. and payment of the said amount is hereby required, and in default thereof, the said premises will be sold by Public Auction, at o'clock, on the in the Town of at Chairman of the Town Trust of No. 2.-CERTIFICATE OF SALE I hereby certify that in pursuance of the provisions of an Ordinance passed in the 14th year of the Reign of Queen Victoria, intituled 'An Ordinance for the improvement of Towns in the Colony of Western Australia,' the Allotment [or portion of the allotment, as the case may be] marked and numbered in the Surveyor-General's maps and plans of the Town of bounded [here describe boundaries] was put up to Public Auction on the day of and and that A.B. became the purchaser thereof for the sum of the receipt of which is hereby acknowledged. Chairman of the Town Trust of VOL. I. N Foreign Offenders Preamble WESTERN AUSTRALIA ANNO QUARTODECIMO VICTORIÆ REGINE No. 18 An Ordinance for the better Apprehension of Offenders WHE WHEREAS by a certain Act of Parliament passed in the sixth and seventh years of the reign of Her present Majesty, G & 7 Vic., c. 34 intituled An Act for the better Apprehension of Certain Offenders,' provision is made for the apprehension in any part of Her Majesty's dominions of persons charged with committing in any other part of Her Majesty's dominions certain offences in that Act mentioned, and against whom a warrant shall have been issued by any person or persons having lawful authority to issue the same, and for the imprisonment of such offenders, and for their removal to that part of Her Majesty's dominions in which they were charged with having committed the offence; and whereas the contiguity of the Australian Colonies to each other greatly facilitates the escape of offenders from one to the other of such Colonies, which said offenders may in many instances elude the pursuit of justice unless provision be made for their apprehension in the Colony to which they shall have escaped without requiring that a warrant be obtained from a Magistrate of the Colony having original jurisdiction, and that such warrant shall be endorsed by a Judge of the Colony in which offender shall have withdrawn himself; and whereas it is expedient that the provisions of the said recited Act of Parliament should be applied to persons charged with other offences than those to which the said recited Act is limited, so that the course of justice may in a less degree be impeded by the separation and independence of the judicial jurisdiction of the said Colonies respectively: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that from and after the passing of this Ordinance, if any Alleged offer der person shall be within the Territory of Western Australia who shall be charged with having committed any offence such as hereinafter mentioned within any other of the Australian Colonies, it shall be lawful for any Justice of the Peace of this Territory, or of jurisdiction therein where such person shall then be, to issue his warrant for the apprehension of such supposed offender in the same manner and upon the like grounds as if the said offence was charged to have been committed within the ordinary jurisdiction of such Justice; and thereupon it shall be lawful for all peace officers within the said Territory, and they are hereby required to execute from any of the Australian Colo nies may be by apprehended order of a Magistrate of this Colony any limited Foreign Offenders such warrant by apprehending the person against whom it is directed, and to convey him before the same or any other Magistrate having authority to examine and commit offenders for trial in the part of the said Territory in which he shall have been apprehended. 2. And be it enacted that it shall be lawful for any such Magistrate as last aforesaid, before whom any such supposed offender shall be brought as aforesaid, upon such evidence of criminality as would justify his committal for trial if the offence had been committed within the ordinary jurisdiction of the said Magistrate, to commit such supposed offender to prison, there to remain until he can be sent back to the Colony in which the offence is alleged to have been committed, and delivered to the proper authorities therein in the manner mentioned in the said recited Act of Parliament; and immediately upon the committal of such person, information thereof in writing, under the hand of the committing Magistrate, accompanied by copy of his warrant and of the depositions upon which the same was granted, shall be transmitted to the Governor of this Colony. removal to the Committal for Colony in which the offence is alleged to have been committed 3. And be it enacted that it shall be lawful for any such Magistrate Committal by as last aforesaid, before whom any such supposed offender shall be way of remand brought, upon any such evidence of criminality as would justify the remand of any person for further examination, in cases where evidence is expected to be obtained from remote parts, if the offence had been committed within the ordinary jurisdiction of such Magistrate, to commit such supposed offender to prison, by way of remand, for such reasonable time, not exceeding two calendar months, until copies of depositions, taken certified and attested as hereinafter mentioned, shall have been received from the Colony in which the offence is alleged to have been committed, and submitted to the same or some other Magistrate; and upon such copies of depositions being so submitted, it shall be lawful for the Magistrate to whom the same shall be submitted either to discharge such supposed offender or to commit him finally under and in pursuance of the authority herein before given in that behalf: Provided always that immediately upon the committal by way of remand, information thereof in writing, under the hand of the committing Magistrate, accompanied by a copy of the depositions upon which the remand was ordered, shall be transmitted to the said Governor, as herein before provided with respect to final committal. 4. Provided always and be it enacted, that it shall be lawful for Authority to any such Magistrate who shall so, as aforesaid, commit any such take bail supposed offender, either finally or by way of remand, to allow bail to be taken by any one or two Justices, as the case may require, for the surrender of the party committed, at a day and place to be specified in the recognizance of bail, if the nature of the offence charged and the character of the evidence of criminality shall be such as would justify the allowance of bail in a similar case occurring within the ordinary jurisdiction of the Magistrate; and thereupon recognizance of bail shall be of the same force and effect in all respects as if the same had been entered into for the appearance of an accused party to take his trial, or for further examination upon a charge of an offence committed within the Territory of Western Australia. |