Shortening the Language of Acts No judgment, &c., to be quashed for want of form, or to be removed by certiorar Protection of persons acting under this Ordinance No action to lie against any Justice, &c., unless there be direct proof of corruption or malice Appeal, if sum prisonment ex- F That no order, judgment, warrant, or other proceeding made, or purporting to be made, under or concerning the conviction of any offender against this Ordinance shall be quashed or vacated for want of form only, or be removed or removable by certiorari, or by any writ or process whatsoever into any superior Court of this Colony. G And for the protection of persons acting in execution of this Ordinance, be it enacted that notice in writing of any action about to be commenced for anything done under this Ordinance shall be given to the defendant one calendar month at least before the commencement of the action, and in every 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, together with costs incurred up to that time; and if a verdict shall pass for the defendant, or the plaintiff become nonsuited or discontinue 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 cases; 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 thereon. H That no action shall lie against any Justice of the Peace, officer of police, policeman, constable, peace officer, or any other person in the employ of the Government authorised to carry the provisions of this Ordinance or any of them into effect, or any person acting for or under them, or any of them, on account of any act, matter, or thing whatsoever done, or to be done, or commanded by him, them, or any of them, in carrying the provisions of this Ordinance into effect against any party or parties offending or suspected to be offending against the same, unless there be direct proof of corruption or malice, and unless such action be commenced within three calendar months after the cause of action or complaint shall have arisen; and if any such person shall be sued for any act, matter, or thing which he shall have so done or shall so do in carrying the provisions of this Ordinance into effect, he may plead the general issue, and give the special matter in evidence; and in case of judgment after verdict, or on demurrer, being given for the defendant, or of the plaintiff discontinuing or becoming nonsuit in any such action, the defendant shall be entitled to and have treble costs. I That in all cases where, on any summary conviction under this Ordinance of any person not being a convict, the sum adjudged by one justice to be paid shall exceed £10, or by two or more Justices, shall exceed £20, or the imprisonment, whether adjudged by one or more Justice or Justices, shall exceed one calendar month, any person who shall think himself aggrieved by such conviction may appeal to the next Court of General or Quarter Sessions, which shall be holden not less than twenty days after the day of such conviction at Perth, in the said Colony, unless such conviction shall take place within one hundred miles of Albany, in the said Colony, in which case any appeal from such conviction shall be to the next Court of General or Quarter Sessions, holden not less than ten days after the day of such conviction at Albany aforesaid. Alignment of Streets in Towns WESTERN AUSTRALIA ANNO SEXTO DECIMO VICTORIÆ REGINE No. 16 An Ordinance to provide for the Removal of Boundary Posts in Towns, and for the substitution, under certain circumstances, of other Boundary Marks. WHE [Assented to 15th April, 1853. WHEREAS the boundary posts at present used in towns Preamble under the provisions of the Ordinance No. 8, 1844, have in many instances proved inconvenient and dangerous and are in some cases calculated to interfere with the enjoyment of private property: And whereas it is expedient to legalise the substitution, in certain cases, of other boundary marks of a less objectionable nature: 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: any may require the removal of boundary posts, &c. others 1. That from and after the passing of this Ordinance it shall and The Governor may be lawful for the Governor, by notice in writing addressed to the Surveyor-General from time to time, to require the removal of such boundary post erected, or to be erected, in any town under the provisions of the said Ordinance, and also of any boundary mark made use of under the provisions of this Ordinance, and the substitution And the subwithin a period to be named in such notice, of any more convenient stitution of boundary mark of the description and material specified in such notice, and whether such substituted boundary mark project above the ground or not: Provided that if any application be made to the Governor for the removal of such boundary post or mark, it shall be lawful for the Governor to require as a conditional precedent to his consent to application, that the applicant shall, at his cost, provide such other boundary mark to be substituted for the post or mark to be removed, as the Governor may deem expedient, and shall pay all expenses of such removal and substitution. 2. That it shall and may be lawful for the Governor, from and after the passing of this Ordinance, by notice in writing addressed to the Surveyor-General, to require the use (after the receipt of such notice and within any town or towns to be therein named) of any other description of boundary mark which it may from time to time be deemed expedient to make use of, in lieu of the boundary posts required by the said Ordinance No. 8. 3. That it shall be lawful for the Governor from time to time to authorise and direct the Surveyor-General to replace, in or as near as may be practicable to the original position, all or any boundary post or marks already erected, or to be erected, or used, and which may be Persons applyof posts, &c., may be required expenses of re ing for removal to pay all moval and substitution The Governor may require the boundary marks use in future of of any other description re-erection of The Governor may authorise posts, &c., displaced, and the substitution of other posts, &c., in place of posts which Alignment of Streets in Towns displaced; and also from time to time, in like manner, to renew or replace all boundary posts or marks erected or to be erected, which may be injured may be injured or destroyed, either with posts or marks of the like description and material as may from time to time be deemed advisable. or destroyed Boundary posts or marks used under this Ordinance to be considered as boundary posts erected under 8th Vic., No. 8 4. That all boundary posts or marks made use of under the provisions of this Ordinance shall be considered in all respects and every purpose as boundary posts or marks erected under the said Ordinance No. 8. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. WESTERN AUSTRALIA ANNO SEXTO DECIMO VICTORIÆ REGINE No. 17 An Ordinance to enable Trustees to Surrender and Ex- WHER HEREAS it has in many cases been found that land set apart and vested in trustees for public purposes has proved to be ill-adapted, inconvenient or unnecessary for such purposes and it has been deemed advisable to enable trustees under such circumstances to surrender and exchange such lands: 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 from and after the passing of this Ordinance it shall and may be lawful for all trustees appointed or to be appointed by any Ordinance of the Legislative Council or otherwise, with the consent of the Governor and Executive Council, to surrender to Her Majesty or to exchange with Her Majesty for other lands, all lands vested in them from time to time by grant or other conveyance from Her Majesty or by Local Ordinance for any public purpose or purposes, and to convey the same or any portion or portions thereof respectively accordingly, and all lands so received in exchange as aforesaid shall be held by the trustees to whom the same shall be conveyed upon the trusts and for the purposes for which the land so exchanged was held by the trustees surrendering the same at the time of such exchange being effected. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. Convicts WESTERN AUSTRALIA ANNO SEXTO DECIMO VICTORIA REGINÆ No. 18 An Ordinance to make further provision for the due HEREAS it is expedient to make further provision for the due Preamble now or hereafter may by law be transported thereto, and also of certain other offenders sentenced in this Colony, and for that purpose to amend the Ordinance No. 6, 1850: 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, anything in the said recited Ordinance notwithstanding : defined 1. That the word 'convict,' wherever used in this Ordinance or in Word 'convict any Act or Ordinance now or hereafter to be in force in this Colony, shall (unless the nature of the provisions or the context of the Act or Ordinance exclude such construction) be deemed and taken to mean any offender being in this Colony under an unexpired or unremitted sentence or order of transportation, whether such sentence shall have been passed in this Colony or elsewhere, and also any offender being in this Colony, and whose sentence shall have been commuted to transportation or have been remitted on condition of transportation, and whose term of transportation may be unexpired or unremitted. How indictable crimes and mispunishable with demeanours not death may be 2. That it shall be lawful for any Court of General or Quarter Sessions, and for any one or more Justice or Justices of the Peace of the said Colony, to take cognizance in a summary way of all indictable crimes and misdemeanours not punishable with death committed by tried and any convict, either within the limits of this Colony or on board of any punished ship or vessel during the voyage hereto, and the same crimes and misdemeanours respectively to punish either by such and the same punishment or modes of punishment as any person not a convict would be liable to if lawfully convicted of the same crime or misdemeanour, or by imprisonment with hard labour, in or without irons, on any of the roads or public works of the said Colony for any term not exceeding three years; or (in case of a male offender) by whipping, not exceeding one hundred lashes; and it shall be lawful for any such Court, Justice or Justices to award such punishment by whipping in addition to any sentence of imprisonment with hard labour; provided that no single Justice shall proceed to inflict any corporal punishment by whipping, or to cause any convict sentenced by any single Justice under this Convicts How convict, Form of proceedings, &c. How convict who shall forcibly oppose, constituted Ordinance to be worked in irons, until the sentence shall be approved by His Excellency the Governor. 3. And whereas the trial and punishment of convicts already under sentence or order of transportation for life for any felony or crime for which they may by any law, now or hereafter to be in force, be liable to be again transported, is likely to prove of no practical effect: Be it enacted, that when any such convict as last aforesaid shall have been convicted, under the second section of this Ordinance, of any such felony or crime as last aforesaid, it shall be lawful for the Court of General or Quarter Sessions by which and for the Justices or Justice by whom such convict shall be so convicted to sentence such convict to imprisonment with hard labour, in or without irons, on any of the roads or public works of the said Colony for any period not less than three years nor more than five years, as such Court, Justices or Justice shall, according to the nature of the offence and the circumstances of the case, think proper. And (in case of a male offender) it shall be lawful for any such Court, Justices or Justice in its, their or his discretion to award punishment by whipping, not exceeding one hundred lashes, in addition to any such sentence of imprisonment with hard labour. 4. That in all proceedings under the second section of this Ordinance the charge against any convict, with the entry or minute of the proceedings thereon, shall be in the form or to the effect of the form contained in the Schedule to this Ordinance, marked A, and a copy of such particulars shall in every instance be forwarded, as soon as reasonably may be, to the Colonial Secretary. 5. That any convict who shall forcibly, or with violence, or in a turbulent manner oppose or resist any lawfully constituted authority, &c., any lawfully or who shall excite any other person to be guilty of such opposition or resistance, or who shall in any manner unlawfully excite or knowingly occasion or assist in any riot or tumultuary proceeding, or who shall unlawfully break out of any place of confinement, although the same may not be a legally constituted gaol or house of correction, shall be deemed guilty of a misdemeanour. authority may be punished Verbal or written order, in certain cases, writ of habeas corpus 6. That it shall be lawful for the Commissioner of the Civil Court of Western Australia and for the Chairman or Deputy Chairman of to have effect of every Court of General or Quarter Sessions, by any verbal or written order to the Sheriff or his Deputy, or by any order in writing addressed to any Superintendent, Gaoler or other person in whose charge or custody such persons may be, to cause any person under imprisonment, whether for debt, felony or other cause, to be brought up in order to his being examined as a witness in any case or matter, civil or criminal, depending before such Commissioner or Court, and after his evidence shall have been given such Sheriff or Deputy, Superintendent, or Gaoler, or other person, shall cause such prisoner to be removed and again imprisoned; the non-issue of a writ of Habeas Corpus in any such case notwithstanding. How person to be proved to be a convict 7. That after the passing of this Ordinance, in every case whatsoever (whether under this Ordinance or otherwise) wherein a question shall arise or be made whether a person is or was at any particular time a convict within the meaning of this Ordinance, it shall be suffi |