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Boundaries of Country Lands

hinder him or them in the execution of such duty shall forfeit and pay execution of Act a sum not less than twenty shillings nor exceeding five pounds.

7. And be it enacted that any person who shall be convicted before any two Justices of the Peace of this Colony of having wilfully injured or defaced any such landmark as aforesaid shall forfeit and pay a sum not less than ten pounds nor exceeding fifty pounds; and in default of payment of the fine imposed by such Justices, with the costs of proceeding, shall be imprisoned and kept to hard labour for such term not exceeding six calendar months as to the said Justices shall seem fit.

8. And be it enacted that any person who shall be convicted before the Court of Quarter Sessions of this Colony of wilfully and with intent to defraud any other person injuring, defacing or removing any such landmark as aforesaid shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned and kept to hard labour for any term not exceeding two years nor less than six calendar months.

not less than £1 nor exceeding £5

Penalty for
injuring land-
£50, or imprison-
ment not exceed-

marks £10 to

ing six months

Penalty for maliciously or injuring land

fraudulently

marks, transportation or

imprisonment

9. And be it enacted that all fines and forfeitures under this Act Appropriation of shall be divided, paid and applied as follows, that is to say: after fines deducting charges of prosecution from the produce thereof, one moiety shall be paid to the Colonial Treasurer, to be applied toward the Government of this Colony in such manner as the Governor, acting with the advice and consent of the Legislative Council, shall by law appoint, and the other moiety to the party or parties informing.

amended

10. And be it enacted that this Act may be amended or repealed Act may be by any Act to be passed during the present session.

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An Act to constitute the Island of Rottnest a Legal
Prison.
[Assented to 26th November, 1841.

WHE

HEREAS it has been deemed expedient to provide some place Preamble within the limits of the Colony of Western Australia, in which such of the aboriginal race as are sentenced to transportation or imprisonment, or committed for trial, or in any other manner committed to custody, may be conveniently kept, in order that they may be instructed in useful knowledge, and gradually trained in the habits of civilised life; and whereas a continued close confinement is prejudicial to their health, as being so uncongenial with their ordinary

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The Island of Rottnest constituted a prison for the purposes of this Act

The Governor to

clamation the

bounds of the

prison, and to make rules and

Aborigines

habits; and whereas the Island of Rottnest appears peculiarly suitable to their detention, inasmuch as a greater degree of personal liberty may be allowed consistently with their safe custody, on account of the isolated situation of that place, and the consequent difficulty of escape therefrom: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice of the Legislative Council thereof, that the Island of Rottnest shall be constituted and is hereby declared to be a gaol or legal place of imprisonment for the purposes and under the provisions of this Act, to which any person so committed, as aforesaid, may be sent; provided always that no person shall be sent to the said Island except by the order or direction of the Governor or other officer administering the Government of this Colony.

2. And be it enacted that it shall be lawful for the Governor, with establish by pro- the advice of the Executive Council, to appoint the gaoler and other requisite officers, and from time to time to alter and establish by proclamation the bounds and extent of the said prison, so as to limit it to any portion of the said Island, if at any time it should be deemed boats, so as to pre- expedient so to do, and also to make all necessary rules and regulations touching the landing of boats at the said Island, and for the due custody, discipline, health, and comfort of the prisoners.

regulations for the landing of

vent the escape of prisoners

Penalty for con

travening regulations not less than £2 nor exceeding £10

3. And be it enacted that all such proclamations, rules, and regulations, as aforesaid, shall with all convenient speed be laid by the Governor before the Legislative Council.

4. And be it enacted that any person who shall be convicted before any two Justices of the Peace of having wilfully contravened any such proclamation, rule or regulation, as aforesaid, shall forfeit and pay a or imprisonment sum not less than forty shillings, nor exceeding ten pounds, or in default thereof shall be committed to prison for a period not less than seven days nor more than three calendar months.

not less than 7

days nor exceeding 3 months

The Governor

may remove any white or black prisoners to the Island if advisable

Limitations of prosecutions

Appropriation of fines

5. And be it enacted that it shall be lawful for the Governor, with the advice of the Executive Council, to direct, that any persons in prison within this Colony, whether of the aboriginal race, or otherwise under sentence of any court, or of any competent authority, for any offence committed by them, shall be removed from the prison in which they are confined to the Island of Rottnest aforesaid, there to be imprisoned for and during the whole or any portion of their respective terms of imprisonment, according to their respective sentences, if under special circumstances, or for any special reasons, it shall be deemed advisable so to do.

6. And be it enacted that all prosecutions for offences against the provisions of this Act shall be commenced within six calendar months after the commission of the offence, and not otherwise.

7. And be it enacted that all fines and forfeitures recovered under this Act shall be divided and applied as follows,-that is to say, after deducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Colonial Treasurer, to be applied towards the Government of this Colony in such manner as the Governor, acting with the advice and consent of the Legislative Council, shall by law appoint, and the other moiety to the party or parties informing.

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Aborigines

8. And be it enacted that this Act may be amended or repealed by Act may be an Act to be passed during the present Session.

JOHN HUTT,

amended

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An Act to allow the Aboriginal Natives of Western Australia to give information and evidence without the sanction of an Oath.

[Assented to 26th November, 1841.

THEREAS many of the forms, requisites, and provisions of the Preamble law have been found inapplicable to the aboriginal inhabitants of Australia, inasmuch as there is strong reason to believe that these people are ignorant of the existence of any future state of rewards and punishments, and do not acknowledge any form or mode of adjuration as binding upon them, in consequence of which much failure of justice might ensue, and many serious offences and crimes which have been committed with their privity only, might pass unpunished; and whereas it is expedient to devise some means whereby such evils may be prevented; and whereas the attendance of natives to give evidence cannot be secured by the forms of the British law: 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 from and after the passing of this Act it shall and may be lawful for any Justice of the Peace of the said Colony, upon any complaint being made before him by any of the aboriginal race of this territory, to receive and take the information of the said individual upon his affirmation or declaration to tell the truth, the whole truth, and the usual form nothing but the truth, without administering the usual form of oath, and to reduce the substance of such information into writing, if it should appear necessary so to do, and thereupon to issue his summons or his warrant, as the nature of the case may require, or to take any other such proceedings as may be usual and proper in the case of an information made by any other of Her Majesty's subjects.

2. And be it enacted that in any civil action, or upon any inquiry into any matter of complaint, or upon the trial of any offence, whether committed by one of the aborigines or by any other person, it shall and may be lawful for any Court, or for any Justice or Justices of the Peace to receive the evidence of any of the aborigines without administering the usual form of oath, such aboriginal native having first made an affirmation or declaration to tell the truth, the whole truth, and nothing but the truth; provided always that in the case of

Any Justice of the Peace may mation of an aboriginal native tion without

receive the infor

on his affirma

administering

of oath

on the inquiry or trial the evithe aborigines may be received without adminis form of oath

dence of any of

on affirmation

tering the usual

In any preliminary stage of proceeding such information or

evidence is to be reduced to writing, signed by a mark, and verified by the Justice

If at the appointed time of inquiry or hear. ing, the indi

vidual who gave the information

does not appear,

then such information or evi

dence so written

and signed and verified may be

read in evidence

The degree of credibility to be

attached to such

information or evidence shall be entirely left to the decision of the Justices, or Court and Jury Any person making such affirmation falsely,

able as in case of perjury

Aborigines

any proceeding in the nature of a preliminary inquiry the substance of the evidence or information of such aboriginal native shall be reduced to writing, and signed by a mark by such native, and verified by the signature of one or more of the Justices of the Peace before whom such information or such evidence shall have been given.

.

3. And be it enacted that if at the appointed time of such inquiry or trial as aforesaid, the aboriginal native who gave his or her information or evidence in any preliminary stage of the proceedings shall not appear when called upon, then, in such case, such information or evidence so taken as aforesaid, and so reduced to writing, and so signed and verified as aforesaid, may be read and received as evidence, in any future stage of the proceedings relative to the same transaction, without the necessity of bringing forward the same individual, to repeat his testimony orally;-Provided always, nevertheless, that the degree of credibility to be attached to any such information or evidence, whether in the preliminary or in the final stage of the proceedings, and whether oral or written, shall be entirely left to the decision of the Justice or Justices, or of the Court and Jury respectively, according to the tribunal before which such information or evidence shall have been offered, as being evidence given without the sanction of an oath or the test of cross-examination.

4. And be it enacted, that if any aboriginal native making such affirmation or declaration, as aforesaid, shall be convicted of having is to be punish- wilfully, falsely, and corruptly affirmed or declared any matter or thing, which, if the same had been made upon oath in the usual form, would have amounted to wilful and corrupt perjury, he or she shall incur the same penalties and forfeitures as by the laws and statutes of England are enacted against persons convicted of wilful and corrupt perjury.

Duration of Act, two years

5. And be it enacted, that this Act shall be and continue in force for two years from the date of its passing the Legislative Council. JOHN HUTT, GOVERNOR.

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Preamble

1 Vic., No. 1,

ANNO SEXTO

VICTORIÆ REGINÆ

No. 7

An Act to explain and amend certain Acts now in force relating to the Building of Churches, Chapels and Ministers' Dwellings.

[Assented to 25th August, 1842.

WHERE ple sent Majesty entitled An Act to provide for the

HEREAS an Act was passed in the first year of the reign of

and 4 Vic., No.6. appointment of Trustees of Church Property,' whereby certain trustees

Religious Bodies (Church Property)

were appointed, in whom should be vested the property in all lands and buildings intended for the purposes of the Church of England; and whereas in the fourth year of the reign of Her said Majesty an Act was passed entitled An Act to promote the Building of Churches and Chapels, and to contribute towards the Maintenance of Ministers of Religion in Western Australia,' whereby it was required that before any moneys should be issued out of the Colonial Treasury for the erection of any churches, chapels, ministers' dwellings or other buildings for religious purposes, the estate in the same should be vested in trustees nominated by the congregation; and whereas certain difficulties have arisen in the construction of the Acts aforesaid in cases of lands and other property intended for the uses of the Church of England, and as to the amount of money which it shall be lawful for the Governor in his discretion to issue under the Act last above-mentioned, on account of any particular church or chapel; and whereas it is expedient to remove such difficulties by amending certain portions of the said Act: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice of the Legislative Council thereof, that the seventh section of the said last-mentioned Act, by which it is provided that in every case where the Governor shall deem it expedient to issue moneys from the Colonial Treasury for the building of churches, chapels or ministers' dwellings, it shall be necessary that the said buildings and the lands thereunto belonging shall be conveyed to trustees nominated by the congregation, shall not be deemed or taken to apply to any lands, buildings or other property intended for the purposes of the Church of England, but that all such property shall henceforth be vested in the trustees of church property under the provisions of the Act first above-mentioned, and in three local trustees to be appointed by the congregation or subscribers to the particular church, chapel or minister's dwelling for which the money is intended.

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trustees

2. And be it enacted that every such local trustee as aforesaid Powers of local shall have the same powers, rights and privileges as a general trustee in every matter or thing affecting the interests of the particular congregation by which he was appointed, and shall be entitled to vote, either in person or by proxy or by letter, at all meetings of the trustees on all such matters and things as aforesaid.

3. And be it enacted that the whole sum or sums of money so issued towards the erection of any particular church, chapel or minister's dwelling, under the provisions of the Act last above-mentioned, shall not in any case exceed the sum of five hundred pounds unless the issue of such further sum be approved by the Legislative Council.

Total sum issued
in any instance
not to exceed
£500.

amended

4. And be it enacted that this Act may be amended or repealed Act may be by any Act to be passed during the present session.

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