Criminal Law (Penal Servitude) WESTERN AUSTRALIA ANNO NONODECIMO VICTORIÆ REGINE No. 8 An Ordinance to substitute other Punishment in lieu of W [Assented to 9th June, 1856. THEREAS a sentence of transportation passed in the Colony of Preamble Western Australia can no longer be carried into effect, by reason that there no longer exists any place beyond seas to which persons so sentenced can be lawfully conveyed, and it has therefore become expedient to substitute other punishment in lieu of transportation: 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, that :— 1. [Repealed by 24 Vic., No. 1.] 2. [Repealed by 24 Vic., No. 1.] 3. Whenever Her Majesty or His Excellency the Governor shall be pleased to extend mercy to any offender convicted of any offence, for which he may be liable to the punishment of death, upon condition of his being kept to penal servitude for any term of years or for life, such intention of mercy shall have the same effect, and shall be signified and executed in like manner, as in cases where the like mercy is extended upon condition of transportation; an order for penal servitude being substituted for an order for transportation. 4. Every person who, under this Ordinance, shall be sentenced or ordered to be kept in penal servitude, may, during the term of such sentence or order, be confined in any such prison or place of confinement in any part of the said Colony in which persons under sentence of transportation may now by law be confined, or in any other prison in the said Colony, as His Excellency the said Governor may from time to time direct; and such person may, during such term, be kept to hard labour and otherwise dealt with in all respects as persons under sentence of transportation may now by law be dealt with while so confined. 5. That in the Convict Discipline Ordinances next hereinafter mentioned (that is to say), the 14 Victoria, No. 6, the 16 Victoria, No. 18, and the 17 Victoria, No. 7, the word 'convict,' in addition to such meaning as is attached thereto in and by the said Ordinances respectively, shall be deemed and taken to mean and include any offender servitude Criminal Law (Penal Servitude) tenced to penal being in the said Colony under an unexpired or unremitted sentence of penal servitude; and all and every the provisions of the said Ordinances, and such provisions of any other Ordinances as relate to offenders under sentence of transportation, shall be deemed to relate and shall or may be applied and enforced to and against offenders under sentence of penal servitude in like manner, to all intents and purposes, as against offenders under sentence of transportation. Queen's preroga 6. Provided always that nothing in this Ordinance contained shall tive of mercy not in any manner affect Her Majesty's Royal prerogative of mercy nor any prerogative of mercy vested in the Governor of the said Colony. to be affected hereby Discretion of Courts as to alternative to be affected hereby 7. Provided also that nothing herein contained shall interfere with or affect the authority or discretion of any Court in respect of any punishments not punishment which such Court may now award or pass on any offender other than transportation; but where such other punishment may be awarded, at the discretion of the Court, instead of transportation, or in addition thereto, the same may be awarded instead of, or (as the case may be) in addition to, the punishment substituted for transportation under this Ordinance. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. WESTERN AUSTRALIA ANNO NONODECIMO VICTORIÆ REGINÆ No. 9 An Ordinance to repeal The Small Savings Ordinance,' WHE [Assented to 9th June, 1856. HEREAS an Ordinance was passed in the eighteenth year of the reign of Her present Majesty, intituled 'The Small Savings Ordinance,' and whereas the provisions of such Ordinance are found to be inapplicable to existing circumstances, and it is expedient to repeal the same: 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, that the said Ordinance be and the same is hereby repealed, save and except so far as the same relates to the repayment of any moneys deposited and still being in the hands of the Colonial Treasurer, together with interest thereon. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to facilitate Inquiries in the nature of WHE THEREAS, from the necessity for early burial in the climate of Preamble Western Australia, and the dispersed state of the population thereof, it is found impossible or most difficult to observe a strict conformity with the law of England relating to Coroners' inquests in holding inquiry within the said Colony in cases of sudden, violent or apparently not natural death occurring therein, and it is therefore expedient to facilitate and expedite the holding of such inquests: 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: Every Justice of Jury not to ex 1. That from and after the passing of this Ordinance it shall be lawful for every Justice of the Peace throughout the said Colony to the Peace to be a exercise all the powers, perform all the duties and possess all the privileges of a Coroner as known to and recognised by the English law and practice: Provided always that in no case shall such Justice summon a jury of more than six nor less than three free men to inquire ceed six, nor to into the cause or causes of any death or casualty within the jurisdiction of a Coroner that may occur within the limits of Western Australia, and every such Justice shall have power to examine on oath witnesses Death or touching the same. be less than three casualty Warrant for disinterment 2. That it shall be lawful for any Justice of the Peace in the case of any death, sudden or violent, or apparently not natural, to order the disinterment of the body by warrant under his hand in or to the effect of the form in the Schedule hereunto annexed. 3. That mileage shall be allowed to the jurors the same as if Mileage as at empanelled at the Quarter Sessions. of any 4. That whenever any dead body shall be found or any case of sudden, violent or apparently not natural death shall occur, then person knowing or becoming acquainted with such death, or knowing any dead body being found, shall forthwith give notice thereof to the nearest Justice of the Peace or constable, or in default thereof, shall on conviction of such neglect or omission before any Justice of the Peace forfeit and pay a penalty not exceeding ten pounds. Quarter Sessions Any person becoming ac. quainted with the fact of a dead been found, must nance, 16 Vic., 5. That Sections A, C and F in the Schedule of the Shortening A, C, F of Ordinance, 1858,' shall be incorporated with and taken to form part of Shortening Ordithis Ordinance to all intents and purposes, and in as full and ample a No. 11 manner as if the said sections had been introduced and fully set forth in this Ordinance. A. E. KENNEDY, To all Constables and Others whom these may Concern. 18 in the body of day of was buried in did not die a natural death: These are therefore, by virtue of my office, in Her conveyed to day of A.B., , one Preamble Memorial of judgment, &c., under seal of Supreme Court of any other Australasian Colony filed in Civil Court, at Perth, Western Australia, shall An Ordinance for the Relief of Creditors against Persons WHEREAS trend the separation of their respective jurisdictions THEREAS the proximity of the several Australasian Colonies to greatly facilitate the evasion of the judgments, decrees, rules and orders of the Supreme Courts of the said Colonies respectively, and it is expedient to provide a remedy in that behalf: 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, as follows: 1. It shall be lawful for any person in whose favour any judgment, decree, rule or order whereby any sum of money is made payable, shall have been obtained in the Supreme Court of any of Her Majesty's Australasian Colonies, including islands and colonies of New Zealand, to cause a memorial of the same, containing the particulars hereinafter mentioned and authenticated by the seal of the Court wherein such judgment, decree, rule or order was obtained, to be filed in the office of thereof, and exe- the Civil Court of. Western Australia at Perth, and such memorial being so filed shall thenceforth be a record of such judgment, decree, rule or order, and execution may issue thereon as hereinafter provided. be a record cution may issue Particulars of memorial 2. Every such memorial shall be on parchment or paper and signed by the party in whose favour such judgment, decree, rule or order was obtained or his attorney, and shall contain the following particulars, all of which shall be fairly written, without interlineations Debtors (Intercolonial Judgments) or erasures, and (with the exception of dates) in words at length, that is to say:-The names and additions of the parties, the form or nature of the action or suit or other proceeding, and when commenced; the date of the signing or entering up of the judgment, or of passing the decree or of making the rule or order; and the amount recovered, or the decree pronounced or rule or order made; and if there was a trial the date of such trial, and the amount of verdict given. 3. It shall be lawful for the Judge of the Civil Court of this Mode of obtainColony, upon the application of the person in whose favour such judg- ing execution ment, decree, rule or order was obtained or his attorney to issue a summons calling upon the person against whom such judgment, decree, rule or order was obtained, to show cause within such time, after personal or such other service of the summons as such Judge shall direct, why execution should not issue upon such judgment, decree, rule or order; and such summons shall give notice that, in default of appearance, execution may issue accordingly; and if the person so summoned does not appear, or does not show sufficient cause against such summons, it shall be lawful for the Judge of the said Civil Court, on due proof of such service as aforesaid, to order execution to issue as upon a judgment, decree, rule or order of the said Civil Court, subject to such terms and conditions (if any) as to such Judge may seem fit; and thereupon and subject thereto, the person entitled to such execution shall have and be entitled to all such process, and to all such rights and remedies for the enforcement thereof; and the person against whom such execution is ordered shall in like manner be entitled to all such protective rights and advantages as they would respectively have been entitled to, had such judgment, decree, rule or order been obtained in the said Civil Court; and all such proceedings may be had or taken for the revival of such judgment, decree, rule or order, or the enforcement thereof, by and against persons not parties to such judgment, decree, rule or order, as may be had for the like purposes upon any judgment, decree, rule or order of the said Civil Court. An Ordinance to consolidate and amend the Laws relating to the Registration of Deeds, Wills, Judgments and Conveyances affecting Real Property. WE [Assented to 14th June, 1856. WHEREAS it is expedient to consolidate and amend the laws Preamble relating to the registration of wills, deeds and other instru ments affecting real property in the Colony of Western Australia, and |