Convicts cient for the party on whom the affirmative shall lie to allege and prove that such person is or at the time in question was a person in fact ordinarily dealt with as or generally deemed and reputed to be such convict; the non-production of any evidence required by the third and fourth sections of the said Ordinance No. 6, in any such case notwithstanding Provided that such proof shall be received as prima facie proof only, and that the effect thereof may be rebutted by any certificate or instrument under the hand of some competent person in that behalf, or by any other mode of proof to the satisfaction of the Court or sitting Justices or Justice, as the case may be, showing that such reputed convict never had in fact been a convict, or that the term or terms of transportation or other sentence of such convict, and every extension thereof, if any, had at the time in question expired or been remitted: Provided also that every person who shall under any provision of this Ordinance be complained of or charged before any such Court of Sessions, Justices or Justice as aforesaid as a convict, shall be deemed and taken to be in fact a convict within the meaning of this Ordinance, and amenable to such summary jurisdiction as aforesaid, without proof thereof, unless he shall in the first instance, and before pleading, actually insist that he is not so amenable. 8. That every convict who shall unlawfully depart or absent him- Absconded conself from the service of his master or other employer or who shall vict depart or absent himself from his appointed residence or place of punishment, confinement, custody or labour, or from the service of the Government of this Colony, with intent in any such case to escape from the Colony, or with intent in any such case to remain absent more than twenty-four hours, or with intent in any such case to prevent his lawful apprehension, or who shall, with whatsoever intent, be unlawfully absent for more than twenty-four hours from the service of his master or other employer, or from his appointed residence or place of punishment, confinement, custody or labour or from the service of the Government, shall be deemed and taken to be an absconded convict, and shall be deemed to be guilty of a misdemeanour. Search warrants for absconded 9. That it shall and may be lawful for any Justice of the Peace having credible information that any such absconded convict, or any convict convict unlawfully at large, is harboured or concealed in any particular house, tenement, or place, or in some one of several houses, tenements, or places, to grant a search warrant to any one or more constable or constables, authorising him or them to search any such house, or number of houses or tenements, or places named or specified in such warrant, for such absconded convict; and it shall be lawful for any such constable or constables, in virtue of such warrant, by day and by night, to demand admittance into every such dwelling-house, tenement, or other place, for the purpose of executing the same, and in case of neglect or refusal to comply therewith, it shall be lawful for such constable to break and enter any such dwelling-house, tenement, or place, as aforesaid, and to apprehend every person whom such constable shall have reasonable cause for suspecting and believing to be an absconded convict, or a convict unlawfully at large, and also to apprehend all persons found in and about any such dwelling-house, tenement, or place, and whom such constable shall have reasonable grounds for Aiding and abetting the escape, or intended escape, of a convict, a misdemeanour How holder of a violating any of Warrant of com- Sections F and Portion of Convicts suspecting and believing to harbour and conceal any such absconded offender as aforesaid; and all persons so found and apprehended shall by such constable be taken as soon as reasonably practicable before a Justice of the Peace for examination, and to be further dealt with according to law. 10. That any person who shall convey, or cause to be conveyed into any penal settlement or place of confinement appointed under the 5th section of the said Ordinance, No. 6, any mask, visor or other disguise, or any instrument or arms, provisions or things, proper to facilitate the escape of any convict, or who the same shall deliver, or cause to be delivered to, or received by, any convict confined in such settlement or place, or to any other person whomsoever, for the use of any such convict, or who shall write, send or convey, or cause to be written, sent or conveyed, to any such convict, either directly or indirectly, any letter or other communication, message or information, with a view to suggesting or assisting the escape of such convict, and any person on whose person or in whose possession or custody any such mask, visor or other disguise, or any such instrument or arms, provisions or things, such letter or other communication shall be found, with intent to aid and assist any such convict to escape (and whether the person in whose possession the same shall be so found be the convict or one of the number of convicts whose escape the same were intended to aid and assist or otherwise,) shall be guilty of the misdemeanour of aiding and abetting the escape, or intended escape from the Colony of a convict; and shall, if a free person, upon conviction of such offence, in the manner provided by the 17th section of the said Ordinance, No. 6, be punishable accordingly; and if a convict, may be tried and punished under the second section of this Ordinance. or any 11. That any convict holding a ticket-of-leave, and convicted under the 30th section of the said Ordinance, No. 6, may be punished as in said section mentioned, or, at the discretion of the convicting Justice or Justices, may be committed by the warrant of such Justice or Justices to the nearest penal settlement or place of confinement for convicts, for any time not exceeding three years, or may be punished by a fine not exceeding five pounds, to be recovered by stoppage of wages payable by the Government to such convict, or otherwise, if necessary, according to the provisions of an Ordinance, No. 5, 1850, with respect to fines imposed thereunder. 12. That all convicts sent to any penal settlement or place of confinement for convicts, under warrant of commitment by any Court, Justices or Justice, shall be received, confined and kept to hard labour or otherwise, according to the exigencies of such warrant; and such warrant shall be a sufficient authority to the Superintendent, Overseer, or other person in charge of such penal settlement or place of confinement, and to all other persons acting under them, for receiving, confining, and keeping therein such convicts so sent as aforesaid accordingly. 13. That sections F and H of The Shortening Ordinance, 1858,' be incorporated with this Ordinance. 14. That Section 2 and such other portions of the said Ordinance, 6, 1850, repealed No. 6, as are at variance with or contradictory to this Ordinance are Ordinance No. Convicts hereby repealed, and also that all other portions of the said Ordinance CHARLES FITZGERALD, SCHEDULE A Perth (or as the case may require). M.N., per (ship in which he arrived), No. (police number), under sentence of transportation for years (or life, or in case these particulars are not known, M.N., a convict) is charged upon the complaint of A.B., with (state shortly in substance the offence or misconduct complained of), to which said charge (the same being read to the said M.N.) he says that he is (guilty or not guilty) (state the decision, whether guilty or not guilty). Sentenced to (state sentence). Remarks (add any remarks which the case may appear to call for). Dated at the day of Chairman of the Court of General or Quarter Sessions of the Peace (as the case or E.F. and G.H., or J.K., Justice of the Peace (as the case may be). See sec. 4 WESTERN AUSTRALIA ANNO SEPTIMO DECIMO VICTORIE REGINE No. 4 An Ordinance for the better Preservation of the Navigable [Assented to 15th May, 1854. WHEREAS great inconvenience and danger have arisen from logs Preamble and rafts of timber having been placed and left in the navigable channels of the roadsteads, harbours and rivers of this Colony; and whereas it is expedient to make provisions for the remedy thereof and for ensuring as far as may be practicable the safe navigation of all roadsteads, harbours and rivers of this territory: Be it therefore enacted by His Excellency the Governor of Western Australia and its Depen Timber obstructing boats Authority of Owner abate within twelve months Sell hull and rigging Tree £5 penalty Harbours and Pilotage dencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. That from and after the passing of this Ordinance, any person who shall moor or anchor, or shall wilfully or by culpable negligence, ground, sink or set adrift in any of the fair channels or passages of any navigable river or water within the territory of Western Australia, any timber or raft or any other bulky substance or article liable to obstruct the passage of boats or crafts by coming in contact with them, shall on conviction thereof before any two or more Justices of the Peace for the said Colony, forfeit and pay any sum not less than one pound nor exceeding twenty pounds. 2. That the foregoing clause shall not be construed to prevent any person or persons acting under authority of the Governor from placing such beacons, buoys or other marks as may be deemed necessary for improving or facilitating the navigation of any river or water as aforesaid, or from constructing below high-water mark under similar authority any bridge, jetty, wharf or causeway, or any necessary approach to the same. 3. That if the owner of any timber, raft or bulky substance as aforesaid placed or left so as to endanger or impede the navigation of any such river or water as aforesaid, or if the person so placing or leaving the same, shall not remove the impediment so as to effectually abate the nuisance complained of within twelve hours after a conviction of such offence under this Ordinance, or after being required so to do by a written notice from the Harbour Master or a Justice of the Peace, shall on conviction thereof before any two or more Justices of the Peace forfeit and pay any sum not less than one pound nor exceeding twenty pounds; and moreover, that if the owner or some person on behalf of the owner of any ship, boat or vessel, sunk, stranded or run on shore in any harbour, port, roadstead, channel or navigable river within the said territory, shall not weigh, raise or otherwise remove such ship, boat or vessel within ten days next after the same shall have been so sunk, stranded or run on shore, then and in every such case it shall be lawful for the Harbour Master of such harbour, port or roadstead, or for the Government Resident of the district in which such ship, boat or vessel shall lie to take and use all necessary ways and means for clearing such harbour, port, roadstead, channel or river of such ship, boat or vessel and of all wreck and parts thereof or belonging to the same, and to sell or cause to be sold the hull, rigging, tackle and furniture of such ship, boat or vessel, and out of the moneys arising from such sale to pay the charges and expenses of clearing such harbour or place as aforesaid, and of seizing, removing and selling such hull, rigging, tackle and furniture, rendering the overplus (if any) to the owner of such ship, boat or vessel. 4. That if after the passing of this Ordinance any tree or trees be felled on the shore of any navigable river, estuary or creek, so that the navigation thereof shall be in any way obstructed thereby, and the same be not removed within two days after having been so felled, the owner or occupant of the land from which such tree or trees shall have been cut, shall on proof thereof before any two or more Justices of the Peace forfeit and pay any sum not exceeding five pounds for every tree so cut Harbours and Pilotage and not removed: Provided always nevertheless that if any person other than the owner or occupant of the said land shall without the consent of such owner or occupant offend as aforesaid, such person and not such owner or occupant shall be liable to the penalty last aforesaid. obstruction to be Justice of Peace 5. That if any person having been convicted under the first section Even after or under the fourth section of this Ordinance of causing an obstruction penalty paid, the to navigation shall fail or neglect, although he shall have paid any removed penalty imposed by such conviction, to remove or cause to be removed such obstruction within five days after such conviction (excluding the day of such conviction), it shall be lawful for any Harbour Master, Port Officer or Justice of the Peace, to remove or cause to be removed such obstruction by any means, and to summon such offender so failing or neglecting as aforesaid to appear before him and to pay or satisfy the amount of all reasonable expenses incurred in or by such removal; and in case such offender shall fail to appear to such summons or, appearing thereto, shall fail to pay such an amount, either forthwith or at such other time as such Justice in his discretion shall assign for that purpose, it shall be lawful for such Justice to levy such amount and all attendant costs by distress and sale of such offender's goods and chattels; and in default of sufficient distress to commit such offender to prison, with or without hard labour, for any term not exceeding one calendar month. 6. That any person who shall throw or cause to be thrown out of Sand, ballast, and any vessel or boat into the navigable part of any river, creek or water, below high-water mark, any sand, ballast, stone or rubbish, or who shall remove or take away from any bank of the same above high-water mark not being private property, any sand, ballast or stone, without having first obtained the consent of the Harbour Master of the port (if any) or of the Government Resident or Resident Magistrate of the district, shall on conviction for any such offence before any Justice of the Peace forfeit and pay any sum not less than ten shillings nor exceeding five pounds. 7. That the sections lettered respectively A, D, F, G, in the schedule to the 'Shortening Ordinance, 1853,' shall be and are hereby incorporated with this Ordinance. CHARLES FITZGERALD, to levy Imprisonment, one month stone An Ordinance to amend the Ordinance No. 18, of 1853. (16 Vic., No. 18.) [Assented to 15th May, 1854. E it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that so much of the Ordinance VOL. I. P |