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Naturalization of Aliens

WESTERN AUSTRALIA

ANNO SEPTIMO DECIMO

VICTORIÆ REGINÆ

No. 11

An Ordinance to naturalize the Reverend Martin Griver, the Reverend Venancio Garrido, and the Reverend Pedro Aragon. [Assented to 20th May, 1854.

WHE

THEREAS the Reverend Martin Griver, the Reverend Venancio Garrido, and the Reverend Pedro Aragon have applied to be admitted to the Rights and Privileges of British Subjects, and whereas it is expedient to comply with the said Applications; 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 the said Reverend Martin Griver, the Reverend Venancio Garrido, and the Reverend Pedro Aragon be, and they hereby are naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of natural born British Subjects within the Limits of the Colony of Western Australia save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein.

2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor for the Time being by Proclamation or other public Notice.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

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An Ordinance to provide for the Preservation of Order in cases of any Discovery of Gold in Western Australia. [Assented to 6th June, 1854.

WE

HEREAS it is not improbable that gold and other precious metals may exist in some parts of the Colony and may unexpectedly be discovered, and it is expedient to make some provisions for the collection of Her Majesty's dues and royalties, the preservation of order and peace at the places of digging and the general security of

VOL. I.

[graphic]

Governor may

Three months

Gold Regulations

life and property: Be 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 it shall be lawful for His Excellency the Governor, by and with the advice of the Executive Council, to make from time to time such regulations concerning make regulations gold fields, licenses and all matters of police connected therewith, directly and indirectly, also to issue such orders from time to time as may seem to their discretion to be required, and that such orders and regulations shall be legal and binding with all the force of a legislative Ordinance for and during the term of three calendar months after the publication thereof, unless sooner rescinded by legislative enactment: Provided nevertheless that such regulations and orders shall not authorise the granting licenses as aforesaid extending over any lands granted in fee simple to other than the proprietor thereof, without the previous consent in writing of the said proprietor or his agent in his behalf if such proprietor or agent can be found in the Colony, but if such proprietor or agent cannot be found in the Colony, it shall be lawful for the Governor to issue licenses extending over the land of any such last mentioned proprietor, at the full fee or price charged for licenses to dig on Crown lands, reserving in all such cases one half of such fee or price for the use or benefit of such proprietor when found.

Commissioners

2. And it shall be lawful for the Governor, by and with such advice and consent as aforesaid, to name and define what shall be a gold field within the meaning of this Ordinance, the prices and forms of licenses, the terms and conditions of mining auriferous lands, to cancel wholly or in part any pastoral leases over gold fields, provided reasonable compensation be made to the lessee thereof for loss, if any, sustained by him; the amount of royalty and all other matters incidental to the discovery of auriferous lands; also to appoint commissioners and other officers to enforce and carry out such regulations as aforesaid.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO OCTAVO DECIMO

VICTORIÆ REGINE

No. 10

An Ordinance to remove doubts as to the service or execution of Common Law Process on the Sea within the Harbours of Western Australia.

WE

[Assented to 17th April, 1855.

THEREAS it is expedient to obviate possible conflicts between the Common Law and Admiralty Jurisdiction in this Colony, and to legalise by express enactment the service and execution of

Administration of Justice (Civil)

common law process, civil or criminal, in certain portions of the sea adjacent to the coast of this Colony: 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, all such portions of the main sea or ocean as lie within the limits of any port or harbour of the said Colony, now or hereafter to be proclaimed as such with prescribed limits, by proclamation published in the 'Government Gazette' of the said Colony, by authority of the Governor thereof for the time being, shall be deemed and taken, for the purposes of this Ordinance, to lie within the body of the said Colony.

2. That it shall be lawful for any Justice of the Peace, sheriff, coroner, bailiff, constable, police officer, or other officer or minister of civil or criminal justice, to serve, execute, and enforce any summons, notice, rule, order, attachment, search warrant, warrant, or writ of arrest, distress warrant, writ of execution, or other legal process, civil or criminal, and generally to perform and discharge any function, act, deed, or matter appertaining by law to his respective office, in, upon or against any ship or vessel being on the sea within the limits of any such port or harbour as aforesaid, and upon or against any person or property being in or upon any such ship or vessel, as legally and effectually as if the same respectively had been served or executed, performed or done on shore within the said Colony.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO OCTAVO DECIMO

VICTORIÆ REGINE

No. 12

An Ordinance for the Abolition of unnecessary Oaths, and to substitute Declarations in lieu thereof.

WE

[Assented to 18th April, 1855.

HEREAS a practice has prevailed of administering and receiv- Preamble ing oaths and affidavits voluntarily taken and made in

matters not the subject of any judicial inquiry, nor in anywise pending 5 & 6 Wil. IV, or at issue before the Justice of the Peace or other person by whom cap. 62 such oaths or affidavits have been administered or received; and whereas doubts have arisen whether or not such proceeding is illegal for the more effectual abolition of such practice and removing such doubts: Be it enacted by the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof ::

Voluntary affidavits prohibited

Declaration be

Justices substi

tuted

Evidence

1. That from and after the commencement of this Ordinance it shall not be lawful for any Justice of the Peace or other person to administer, or cause to be administered, or to receive or cause or allow to be received, any oath or affidavit touching any matter or thing whereof such Justice or other person hath not jurisdiction or cognizance by some Statute, Ordinance or law in force at the time being: Provided always that nothing herein contained shall be construed to extend to any oath or affidavit before any Justice or other person, touching any proceedings before the Civil Court, or to any oath or affidavit authorised or required by any Ordinance, nor to any oath or affidavit required by the laws of any British possession or foreign country, to give validity to instruments, in writing, designed to be used in British possessions or foreign countries respectively.

2. That it shall and may be lawful for any Justice of the Peace, fore Notaries and Notary Public, or other officer now by law authorised to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the Schedule to this Ordinance annexed; and if any declaration so made shall be false and untrue in any material particular, the person wilfully making such false or untrue declaration shall be deemed guilty of a misdemeanour. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

Misdemeanour if untrue

SCHEDULE

I, A.B., do solemnly and sincerely declare, that [here state the facts] and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Ordinance made and passed in the eighteenth year of the reign of Her present Majesty, No. 12, intituled 'An Ordinance for the Abolition of unnecessary Oaths, and to substitute Declarations in lieu thereof.'

WESTERN AUSTRALI A

ANNO OCTAVO DECIMO

VICTORIÆ REGINÆ

No. 13

An Ordinance for the amendment of the Laws with respect to Wills.

W

[Assented to 20th April, 1855.

HEREAS the laws with respect to the execution of wills require further amendment: 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:

Administration of Justice (Probate, &c.)

1. That whereas by an Act passed in the first year of the reign of Her Majesty Queen Victoria, intituled An Act for the amendment of the Laws with respect to Wills' (adopted in the said Colony by the Ordinance No. 1, of 1839), it is enacted, that no will shall be valid, unless it shall be signed at the foot or end thereof by the testator or by some other person in his presence, and by his direction; every will shall so far only as regards the position of the signature of the testator, or of the person signing for him as aforesaid, be deemed to be valid within the said enactment, as explained by this Ordinance, if the signature shall be so placed at or after or following or under or beside or opposite to the end of the will, that it shall be apparent, on the face of the will, that the testator intended to give effect by such his signature to the writing signed as his will, and that no such will shall be affected by the circumstance that the signature shall not follow or be immediately after the foot or end of the will, or by the circumstance that a blank space shall intervene between the concluding word of the will and the signature, or by the circumstance that the signature shall be placed among the words of the testimonium clause or of the clause of attestation, or shall follow or be after or under the clause of attestation, either with or without a blank space intervening, or shall follow or be after or under or beside the names or one of the names of the subscribing witnesses, or by the circumstance that the signature shall be on a side or page or other portion of the paper or papers containing the will, whereon no clause or paragraph or disposing part of the will shall be written above the signature, or by the circumstance that there shall appear to be sufficient space on or at the corner of the preceding side or page or other portion of the same paper on which the will is written to contain the signature; and the enumeration of the above circumstances shall not restrict the generality of the above enactment, but no signature under the said Act or this Ordinance shall be operative to give effect to any disposition or direction which is underneath, or which follows it, nor shall it give effect to any disposition or direction inserted after the signature shall be made.

2. That the provisions of this Ordinance shall extend and be applied to every will already made, where administration or probate has not already been granted or ordered by the Civil Court, in consequence of the defective execution of such will, or when the property, not being within the jurisdiction of the said Civil Court, has not been possessed or enjoyed by some person or persons claiming to be entitled thereto, in consequence of the defective execution of such will, or the right thereto shall not have been decided to be in some other person or persons than the persons claiming under the will by a Court of competent jurisdiction, in consequence of the defective execution of such will.

CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF.

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