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Evidence

the foreign State or British Colony to which the original document belongs; and if the document sought to be proved be a judgment, decree, order or other judicial proceeding of any foreign or Colonial Court, or an affidavit, pleading or other legal document filed and deposited in any such Court, the authenticated copy to be admissible in evidence must purport either to be sealed with the seal of the foreign or Colonial Court to which the original document belongs, or in the event of such Court having no seal to be signed by the Judge, or if there be more than one Judge by any one of the Judges of the said Court, and such Judge shall attach to his signature a statement in writing on the said copy, that the Court whereof he is Judge has no seal; but if any of the aforesaid authenticated copies shall purport to be sealed or signed as hereinbefore respectively directed, the same shall respectively be admitted in evidence in every case in which the original document could have been received in evidence without any proof of the seal, when a seal is necessary, or of the signature, or of the truth of the statement attached thereto, where such signature and statement are necessary, or of the judicial character of the person appearing to have made such signature and statement.

8. And be it enacted that every document which by any law now in force or hereafter to be in force is or shall be admissible in evidence of any particular in any Court of Justice in England, Wales or Ireland without proof of the seal or stamp or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same, shall be admissible in evidence to the same extent and for the same purposes in any Court of Justice in the Colony of Western Australia, or before any person in the said Colony having by law or by consent of parties authority to hear, receive and examine evidence, without proof of the seal or stamp or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same.

9. Every register of a vessel kept under any of the Acts of the Imperial Parliament or any local Ordinance relating to the registry of any British or Colonial vessels may be proved in any Court of Justice, or before any person having by law or by consent of parties authority to hear, receive and examine evidence, either by the production of the original, or by an examined copy thereof, or by a copy thereof purporting to be certified under the hand of the person having the charge of the original, and which person is hereby required to furnish such certified copy to any person applying at a reasonable time for the same, upon payment of the sum of two shillings and sixpence; and every such register or such copy of a register, and also every certificate of registry granted under any of the Acts of the Imperial Parliament or any local Ordinance relating to the registry of any British or Colonial vessels, and purporting to be signed as required by law, shall be received in evidence in any Court of Justice, or before any person having by law or by consent of parties, authority to hear, receive and examine evidence as prima facie proof of all the matters contained or recited in such register when the register or such copy thereof as aforesaid is produced, and of all the matters contained or recited in or endorsed on such certificate of registry when the said certificate is produced.

10. And whereas it is expedient as far as possible to reduce the

Documents admissible without proof of seal, &c., in England, Wales or Ireland, equally admissible in the

Colonies

Registers of British vessels, as prima facie contents, without proof of sig

&c., admissible

evidence of their

nature, &c.

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Evidence

charged may be

cate under hand

Conviction or ac- expense attendant upon the proof of criminal proceedings: Be it quittal of person, enacted that whenever in any proceeding whatever it may be necessary proved by certifi- to prove the trial and conviction or acquittal of any person charged of Olerk of Court with an indictable offence, it shall not be necessary to produce the record of the conviction or acquittal of such person or a copy thereof, but it shall be sufficient that it be certified or purport to be certified under the hand of the Clerk of the Court or other officer having the custody of the records of the Court where such conviction or acquittal took place, or by the deputy of such clerk or other officer, that the paper produced is a copy of the record of the indictment, trial, conviction, judgment or acquittal, as the case may be, omitting the formal parts thereof.

Examined or

certified copies of documents admissible in evidence

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11. And be it enacted that whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no law exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in any Court of Justice or before any person now or hereafter having by law or by consent of parties authority to hear, receive and examine evidence, provided it be proved to be an examined copy or extract, or provided it purport to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted, and which officer is hereby required to furnish such certified copy or extract to any person applying at a reasonable time for the same upon payment (except where otherwise provided for by law) of a sum not exceeding fourpence for every folio of seventy-two words.

12. And be it enacted that if any officer authorised or required by this Ordinance to furnish any certified copies or extracts shall wilfully certify any document as being a true copy or extract, knowing that the same is not a true copy or extract, as the case may be, he shall be guilty of a misdemeanour, and be liable upon conviction to imprisonment for any term not exceeding eighteen months.

13. And be it enacted that every Court, Commissioner, Judge, Justice, Officer, Arbitrator or other person now or hereafter having by law or by consent of parties authority to hear, receive and examine evidence, is hereby empowered to administer an oath to all such witnesses as are legally called before them respectively.

14. And be it enacted that if any person shall forge the seal, stamp or signature of any document in this Ordinance mentioned or referred to, or shall tender in evidence any such document with a false or counterfeit seal, stamp or signature thereto, knowing the same to be false or counterfeit, he shall be guilty of felony, and shall upon conviction be liable to transportation for seven years or to imprisonment for any term not exceeding three years nor less than one year, with hard labour, and whenever any such document shall have been admitted in evidence by virtue of this Ŏrdinance the Court or the person who shall have admitted the same may, at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the custody of some officer of the Court or other proper person for such period and subject to such conditions as to the said Court or person shall seem meet; and every person who

Evidence

shall be charged with committing any felony under this Ordinance may be dealt with, indicted, tried, and if convicted sentenced, and his offence may be laid and charged to have been committed in the district or place in which he shall be apprehended or be in custody; and every accessory before or after the fact to any such offence may be dealt with, indicted, tried, and if convicted sentenced, and his offence laid and charged to have been committed in any district or place in which the principal offender may be tried.

15. And be it enacted that the words 'British Colony' as used in this Ordinance shall apply to all the British territories under the Government of the East India Company and to the Islands of Guernsey, Jersey, Alderney and Sark and Man, and to all other possessions of the British Crown wheresoever and whatsoever.

Interpretation of
British Colony,'

Application of

16. And be it enacted that all sums of money payable under this Ordinance shall be paid over to the Colonial Treasurer of the said fees Colony for the public uses thereof.

CHARLES FITZGERALD,
GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO SEXTO DECIMO

VICTORIÆ REGINÆ

No. 11

An Ordinance to interpret and shorten the Language of Ordinances of the Governor and Legislative Council, and to render unnecessary repetitions therein.

W

[Assented to 13th April, 1853.

HEREAS it is expedient to shorten the language of Ordi- Preamble nances to be passed by the Governor and Legislative Council of the Colony of Western Australia, and to subject all such Ordinances to certain rules of interpretation: 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:

1. That any Ordinance to be passed by the Governor and Legislative Council of Western Australia after the commencement of this Ordinance may be altered, amended, or repealed, in the same session of the Legislative Council, any law or usage to the contrary notwithstanding.

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Ordinances may

be amended or repealed in the

same session

2. That all such Ordinances shall be divided into sections, if there Sections without be more enactments than one, which shall be deemed to be substantive introductory enactments, without any introductory words.

words

'Her Majesty,' 'month,' 'oath and affidavit'

Repealed Ordinance not to be revived

Repealed provisions to remain in force until substituted provisions come into operation

All Ordinances public Ordinances, unless the

vided

Shortening the Language of Acts

3. That in all such Ordinances the words 'Her Majesty' shall be understood to mean 'Her Majesty, her heirs and successors,' and that the word 'month' shall be understood to mean calendar month,' unless words be added showing that a lunar month is intended. That the word 'oath' and 'affidavit' shall be understood to include affirmation and declaration; and the word 'swear,' affirming and declaring in the case of persons by law allowed to declare or affirm instead of swearing.

4. That whenever any Ordinance repealing in whole or in part any former Ordinance is itself repealed, such last repeal shall not revive the Ordinance, or part thereof before repealed, unless there be words added reviving such Ordinance or any part thereof.

5. That whenever any Ordinance shall be made repealing in whole or in part, any former Ordinance and substituting some provision instead of the provision so repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions shall come into operation by force of the last made Ordinance.

6. That every Ordinance of the Governor and Legislative Council made after the passing of this Ordinance, shall be deemed and taken contrary be pro- to be a Public Ordinance, and shall be judicially taken notice of as such, unless the contrary be expressly provided by such Ordinance; and a copy of every such Ordinance printed, or purporting to have been printed, by the authority of Government shall be admitted in evidence in all cases whatsoever, and it shall not be necessary in any case to prove that such copy was printed by such authority.

How Ordinances and sections of Ordinances may be referred to

Appropriation of

duties, fees, fines, feitures, &c. &c.

penalties, for

Sections A, B, C,

7. That whenever in any Ordinance, conveyance, legal or other instrument, document, or proceeding, it may be necessary to refer to any Ordinance of the Legislative Council of this Colony, or to any section or sections of any such Ordinance, it shall not be necessary to set out the title of such Ŏrdinance, but it shall be sufficient to refer to the number of the Ordinance, and the year of our Lord or the year of the reign in which such Ordinance may have been passed, and in case of reference to any section or sections, to refer to the same by the number or numbers of such section or sections according to the copies of the Ordinance printed or purporting to have been printed by the authority of Government.

8. That whenever, by any Ordinance of the Legislative Council to be passed, any duties, fees, fines, penalties, forfeitures, sum or sums of money, may be made payable, and unless the same shall, by any such Ordinance, be otherwise expressly applied or appropriated, all such duties, fees, fines, penalties, forfeitures, or the proceeds thereof upon sale, sum or sums of money, or so much thereof respectively as shall not be so otherwise expressly applied and appropriated as aforesaid, shall be paid into the hands of the Colonial Treasurer, and be appropriated to the use of Her Majesty, her heirs and successors, for the public uses of the said Colony, and the support of the Government thereof.

9. That whenever in any Ordinance to be passed, it may be deemed D, E, F, G, H, I advisable to introduce any of the provisions contained in the sections set forth in the schedule hereunto annexed, and lettered respectively

may be incor

porated with

Shortening the Language of Acts

A, B, C, D, E, F, G, H, I, it shall not be necessary to do so at full length; but it shall and may be lawful in such Ordinance to declare by reference to the letter or letters only that any one or more of the said sections of this Ordinance shall be incorporated with, and taken to form part of the said Ordinance to all intents and purposes, and in as full and ample a manner as if the said section or sections had been introduced and fully set forth in such Ordinance.

future ordiances by refer

ence only

10. That the Schedule hereunto annexed shall form and be part of Schedules to this Ordinance.

form part of Ordinance

11. That this Ordinance may be cited as 'The Shortening Ordi- Short title nance, 1853.'

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE ABOVE REFERRED TO

A

That all informations and proceedings in respect of offences against this Ordinance hereby made summarily punishable upon conviction before a Justice or Justices of the Peace in Petty Sessions shall be heard and determined, and the penalties and forfeitures in respect of the same be enforced and appropriated (if not hereinbefore otherwise appropriated) according to the provisions of an Ordinance, No. 5, passed in the fourteenth year of the reign of Her Majesty Queen Victoria.

B

Jurisdiction, recovery, and appropriation of

penalties

That all informations and proceedings in respect of offences against this Limitation of Ordinance shall be commenced within one calendar month after the offences proceedings, one thereby respectively charged shall have been committed.

C

month

That all informations and proceedings in respect of offences against this Three months Ordinance shall be commenced within three calender months after the offences thereby respectively charged shall have been committed.

That all informations and proceedings in respect of offences against this Six months Ordinance shall be commenced within six calendar months after the offences thereby respectively charged shall have been committed.

E

That all informations and proceedings in respect of offences against this Twelve months Ordinance shall be commenced within twelve calendar months after the offences thereby respectively charged shall have been committed.

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