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How vacancies are to be filled up

Trustees may accept land, &c.

As to free seats'

Religious Bodies (Church Property)

chapel and minister's dwelling in the manner aforesaid, trustees, not less than five in- number, shall be nominated by the congregation or body for whose use such building may be intended for the approval of the Governor and Executive Council; and that the trust deed or deed of settlement shall at the same time be exhibited to the Governor and Executive Council; and that the real estate in the site of such church or chapel and minister's dwelling, and of any lands or hereditaments thereunto belonging, shall be conveyed to the said trustees when approved, and shall be vested in the trustees for the time being upon trust for the erection, maintenance and repair of such church or chapel and minister's dwelling, and for the provision out of the revenues belonging to or arising from the use of the said church or chapel, in such manner as shall be lawfully appointed, of all things necessary for the celebration of Divine Worship therein, and to whom shall be issued, under such regulations for the due appropriation and application thereof as herein before mentioned, all such sums of money as by the provisions of this Act are authorised to be issued in aid of the erection of any church or chapel and minister's dwelling.

8. And be it further enacted that upon the death, resignation or absence from the Colony of any of the trustees so nominated and approved as aforesaid, the vacancy shall be forthwith filled up according to the provisions of the said trust deed, but if no provision shall have been made in the said trust deed for filling up such vacancies, then it shall be lawful for the remaining trustees to elect some fit and proper person, subject to approval as aforesaid, to fill up the vacancy so created; and they are hereby required to complete the said election within three months from the period of such vacancy being made known, and within a reasonable time after the completion of the said election to publish the name of the trustee so elected in the 'Government Gazette' of the Colony for the information and guidance of all persons whom it may concern: Provided that nothing herein contained shall prevent the appointment of any greater number of trustees by the congregation or body aforesaid on any future occasion upon the names of such additional trustees being submitted for approval as hereinbefore directed.

9. And be it enacted that it shall be lawful for any trustees appointed by virtue of this Act to accept and take from any person willing to give the same any lands or hereditaments adapted for the site of a church or chapel or minister's dwelling, with a garden and other appurtenances thereunto, or any lands or hereditaments adapted for the purposes of a burial ground.

10. And be it further enacted that as soon as conveniently may be after the completion of any church or chapel under the provisions of this Act, pews, sittings or benches in every such church or chapel, to be marked with the words 'free seats,' amounting to not less than one-sixth part of the whole of the sittings in every such church or chapel, shall also be appropriated and set apart for the use of poor persons resorting thereto, upon which pews, sittings, or benches, so to be appropriated, no rent whatever shall at any time be charged or imposed.

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Religious Bodies (Church Property)

11. And be it further enacted that wherever the word 'Governor' The term occurs in this Act it shall be construed to extend also to any Officer administering the Government of this Colony.

JOHN HUTT,

GOVERNOR AND COMMANDER-IN-CHIEF.

'Governor' to include the officer administering the Government

WESTERN AUSTRALIA

ANNO QUARTO ET QUINTO

VICTORIÆ REGINE

No. 5

An Ordinance to naturalize Johann August Ludwig
Preiss.
[Assented to 15th April, 1841.

WE

HEREAS Johann August Ludwig Preiss has applied to be admitted to the Rights and Privileges of a British Subject, and whereas it is expedient to comply with the said Application; 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 Johann August Ludwig Preiss be, and he hereby is naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject 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.

JOHN HUTT,

GOVERNOR AND COMMANDER-IN-CHIEF.

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ANNO QUARTO ET QUINTO

VICTORIÆ REGINA

No. 6

An Ordinance to naturalize Frederick Waldeck.

[Assented to 15th April, 1841.

HEREAS Frederick Waldeck has applied to be admitted to the Rights and Privileges of a British Subject, and whereas it is expedient to comply with the said Application; Be it therefore enacted

Naturalization of Aliens

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 Frederick Waldeck be, and he hereby is naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject 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.

JOHN HUTT,

GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO QUARTO ET QUINTO

VICTORIÆ REGINÆ

No. 12

An Ordinance to naturalize Benjamin Franklin Simmons. [Assented to 22nd July, 1841.

W

HEREAS Benjamin Franklin Simmons has applied to be admitted to the Rights and Privileges of a British Subject, and whereas it is expedient to comply with the said Application; 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 Benjamin Franklin Simmons be, and he hereby is naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject 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.

JOHN HUTT,

GOVERNOR AND COMMANDER-IN-CHIEF.

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An Act to repeal certain Acts relating to the Management of Roads, Streets and other Internal Communications, and enabling the Inhabitants of Townships to assess themselves for the Improvement of the Town.

WHE

[Assented to 23rd September, 1841.

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HEREAS in the first year of the reign of Her present Majesty Preamble Queen Victoria an Act was passed intituled 'An Act to provide for the management of Roads, Streets and other internal Communications within the Settlement of Western Australia; and whereas during the present session an Act was passed intituled An Act to continue for a limited time an Act to enable the inhabitants of any Township to assess themselves for the Improvement of the Town;' and whereas the laws relating to these subjects have been found to require alteration and amendment; and it is deemed necessary to provide for the improvement of towns by separate and distinct enactments from those applying to the general internal communications of the Colony; and with a view to the more perfect attainment of this end it has been deemed advisable that the laws now in force relating to these subjects should be repealed: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that the Acts herein before recited shall be and the same are hereby repealed.

JOHN HUTT,

GOVERNOR AND COMMANDER-IN-CHIEF.

1

Vic., No. 2, and 4 & 5 Vic., No. 4, repealed

WESTERN AUSTRALIA

ANNO QUARTO ET QUINTO

VICTORIÆ REGINE

No. 20

An Act to provide for the more effectual and accurate establishment of the Boundaries of Land within the Colony of Western Australia.

[Assented to 30th September, 1841.

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WHEREAS the want of a sufficient survey-force in this Colony Preamble has heretofore rendered it impossible to ascertain with accuracy

WHE

the proper boundaries of several grants of land; and whereas many

VOL. I.

D

021

Expedient to

upon the lands

Boundaries of Country Lands

deeds have accordingly been issued, in which the land has been described, either by marks or measurements which on more accurate survey are likely to prove in some degree erroneous, or by measurements to be made of certain distances in certain directions, according to the compass; and whereas it is expedient that all such descriptions should, mark boundaries with as little delay as possible, be corrected or carried into effect, by the erection of visible landmarks upon the several lands under the direction of the Surveyor-General of this Colony: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that it shall be lawful for the Government, as soon as conveniently may be after the passing of this Act, to direct the Surveyor-General to ascertain and mark by landmarks the proper boundaries of every grant heretofore made or hereafter to be made by Her Majesty, or her predecessors, her heirs or successors, of lands within this Colony, of which the description contained in the deed of grant shall be such as herein before stated.

Surveyor

General to mark

proper boundaries,

where requisite

Notice to be gazetted of

intended survey Surveyor

districts which

have been completed, with

plan, description, &c., and to enter

2. And be it enacted that notice shall be published in three successive 'Gazettes' of the intended survey of each district.

3. And be it enacted that whensoever and so soon as the several General to report boundaries shall have been ascertained and marked within any such district as aforesaid, the Surveyor-General shall report the same, accompanied by a map or plan of the said district, and a description of the several landmarks placed therein, for the approval of the Governorin-Council; and when so approved shall enter a description of each grant of land so surveyed, according to such landmarks, in a recordbook to be kept by him for that purpose; and every such description shall be signed by him and by the Governor-in-Council; and notice of every such entry shall be published in three successive Gazettes.'

same in a record book signed by him and Governor in Executive

Council, and gazetted

Boundaries to be entered in a record book to be deemed true boundaries, &c.

Proviso, that the distance on the 'Avon Base Line' shall be taken as the guide for the survey of that

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4. And be it enacted that all boundaries of lands so entered and signed as aforesaid, shall be deemed and taken to be the true boundaries of such lands respectively; all former descriptions thereof, in any title deeds or otherwise, notwithstanding, and whether such lands be in possession of the original owner or owners, or of his, her or their heir or assignee; and such record-book or a certified copy to be made and issued on demand without fee, of any entry in such book signed by the Surveyor-General, shall and may be given in evidence of the boundaries of such lands in any suit or cause affecting the same.

5. Provided always and be it enacted that with respect to the district marked and known in the books of the Surveyor-General's office as the 'Avon District,' the distances formerly marked out upon the line commonly known as the Avon Base Line,' shall be deemed and taken in all surveys under this Act of such base line, and of all lines in the said boundary lines of such lands parallel thereto, to express and contain distriot parallel the distances which the same were originally assumed to express and contain in the survey formerly made of the said Avon Base Line.'

line, and of all

thereto

SurveyorGeneral or Officers may enter and take materials, &c. Penalty for obstructing

6. And be it enacted that it shall be lawful for the SurveyorGeneral or any person or persons employed by him from time to time to enter upon any lands within this Colony for the purposes of this Act, and to take materials, and erect landmarks upon any part or parts of such lands respectively; and any person who shall wilfully obstruct or

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