Evidence nesses in suits petent to give evidence in such proceeding: Provided that no witness in any proceeding, whether a party to the suit or not, shall be liable for adultery to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery. 4. If any person called to give evidence in any Court of Justice, or before any person or persons having by law authority to administer an oath for the taking of evidence, whether in a civil or criminal proceeding, shall object to take an oath, or shall be objected to as incompetent to take an oath, such person shall, if the presiding Judge, or other person or persons having by law authority as aforesaid, is or are satisfied that the taking of an oath would have no binding effect on his conscience, make the following promise and declaration: 'I solemnly promise and declare that the evidence given by me And any person who, having made such promise and declaration, shall Persons objecting to take oath to make declaratriable for perjury may be allowed tion, and be 5. This Act may be cited for all purposes as 'The Evidence further Short title Amendment Act, 1871.' FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINE No. 11 An Act to amend the Law relating to Larceny and WHERE WHEREAS it is expedient to provide for the better security of the property of co-partnerships and other joint beneficial owners against offences by part owners thereof, and further to amend the law relating to embezzlement: 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, as follows:1. If any person being a member of any co-partnership or being one of two or more beneficial owners of any money, goods or effects, bills, notes, securities or other property, shall steal or embezzle any such money, goods or effects, bills, notes, securities or other property of or belonging to any such co-partnership or to such joint beneficial owners, every such person shall be liable to be dealt with, tried, convicted and VOL. I. H H Member of coguilty of converting to his property of co partnership own use, &c., partnership, liable to be tried as if not such member Provision of 20 Vic., No. 5, extended to embezzlement by clerks and servants Criminal Law punished for the same as if such person had not been or was not a member of such co-partnership or one of such beneficial owners. 2. All the provisions of No. 5 of the Ordinances passed in the twentieth year of the reign of Her present Majesty, intituled 'An Ordinance for the more speedy Trial and Punishment of Offences in certain cases of Larceny,' shall extend and be applicable to the offence of embezzlement by clerks or servants or persons employed for the purpose or in the capacity of clerks or servants; and the said Ordinance shall henceforth be read as if the said offence of embezzlement had been included therein. FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. All specialty and simple contract debts of deceased WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINÆ No. 12 An Act to abolish the distinction as to Priority of Payment which now exists between the Specialty and Simple Contract Debts of Deceased Persons. WH [Assented to 2nd January, 1871. THEREAS it is expedient to abolish the distinction as to priority of payment between specialty and simple contract debts of deceased persons: 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. In the administration of the estate of every person who shall die after the passing of this Act, no debt or liability of such person persons to stand shall be entitled to any priority or preference by reason merely that the in equal degree same is secured by or arises under a bond, deed or other instrument under seal or is otherwise made or constituted a specialty debt; but all the creditors of such person, as well specialty as simple contract, shall be treated as standing in equal degree, and be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable, any statute, Ordinance or other law to the contrary notwithstanding: Provided always that this Act shall not prejudice or affect any lien, charge or other security which any creditor may hold or be entitled to for the payment of his debt. FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. Capital Punishment WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINÆ No. 15 An Act to provide for carrying out of Capital Punishment within Prisons. [Assented to 2nd January, 1871. WE WHEREAS it is expedient that capital punishments should be carried into effect within prisons: 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, as follows: 1. This Act may be cited for all purposes as 'The Capital Punish- Short title ment Amendment Act 1871.' 2. Judgment of death to be executed on any prisoner sentenced after the passing of this Act on any information, indictment, or inquisition, shall be carried into effect within the walls of the prison, in which the offender is confined at the time of execution. Judgment of cuted within walls of prison death to be exe 3. The Sheriff charged with the execution, and the Gaoler and sheriff, &c., to Surgeon of the prison, and such other officers of the prison as the be present Sheriff requires, shall be present at the execution. Any Justice of the Peace, Minister of Religion, and such relatives of the prisoner, or other persons, as it seems to the Sheriff or the Visiting Justices of the prison proper to admit within the prison for the purpose, may also be present at the execution. 4. As soon as may be after judgment of death has been executed on the offender, the Surgeon of the prison shall examine the body of the offender, and shall ascertain the fact of death, and shall sign a certificate thereof, and deliver the same to the Sheriff. The Sheriff, and the Gaoler, and such Justices and other persons present (if any) as the Sheriff requires or allows, shall also sign a declaration to the effect that judgment of death has been executed on the offender. Surgeon to certify death: to be signed by and declaration Sheriff, &c. 5. The Coroner of the district in which the prison is situate wherein Coroner's injudgment of death is executed on any offender, shall, within twenty- quest on body four hours after the execution, hold an inquest on the body of the offender, and the jury at the inquest shall inquire into and ascertain the identity of the body, and whether judgment of death was duly executed on the offender; and the inquisition shall be in duplicate, and one of the originals shall be delivered to the Sheriff. No officer of the prison, or prisoner confined therein, shall in any case be a juror on the inquest. 6. The Colonial Secretary shall from time to time make such rules Power of and regulations to be observed on the execution of judgment of death Colonial Secre tary to make in every prison as he may from time to time deem expedient for the rules, &c., to be purpose, as well of guarding against any abuse in such execution as execution of observed on judgment of death Such rules to be laid before the Legislature Penalty for signing false certificate, &c. Certificate, &c., to be sent to Colonial Secretary, and exhibited on or near entrance to prison Provisions as to duties and powers of Sheriff, &c., extended Forms in Saving clause as to legality of execution General saving Capital Punishment also of giving greater solemnity to the same, and of making known without the prison walls the fact that such execution is taking place. 7. All such rules and regulations shall be laid upon the table of the Legislative Council within six weeks after the making thereof, or if the Legislature be not then sitting within fourteen days after the next meeting thereof. 8. If any person knowingly and wilfully signs any false certificate or declaration required by this Act, he shall be guilty of a misdemeanour, and on conviction thereof shall be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement. 9. Every certificate and declaration and the duplicate of the inquisition required by this Act, shall in each case be sent with all convenient speed by the Sheriff to the Colonial Secretary, and copies of the same several instruments shall, as soon as possible, be exhibited, and shall for twenty-four hours at least be kept exhibited on or near the principal entrance of the prison within which judgment of death is executed. 10. The duties and powers by this Act imposed on or vested in the Sheriff may be performed by and shall be vested in his Under-Sheriff or other lawful deputy acting in his absence and with his authority, and any other officer charged in any case with the execution of judgment of death. The duties and powers by this Act imposed on or vested in the Gaoler of the prison may be performed by and shall be vested in the Deputy-Gaoler (if any) acting in his absence and with his authority, and (if there is no officer of the prison called the Gaoler) by the Governor, Keeper or other chief officer of the prison and his deputy (if any) acting as aforesaid. The duties and powers by this Act imposed on or vested in the Surgeon may be performed by and shall be vested in the Chief Medical Officer of the prison (if there is no officer of the prison called the Surgeon). 11. The forms given in the Schedule to this Act, with such variations or additions as circumstances require, shall be used for the respective purposes in that Schedule indicated and according to the directions therein contained. 12. The omission to comply with any provision of this Act shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal. 13. Except in so far as is hereby otherwise provided, judgment of death shall be carried into effect in the same manner as if this Act had not been passed. FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. Capital Punishment THE SCHEDULE CERTIFICATE OF SURGEON I, A.B., the Surgeon [or as the case may be] of the [describe prison] hereby certify that I this day examined the body of C.D., on whom judgment of death was this day executed in the [describe same prison], and that on that examination I found that the said C.D. was dead. Dated this day of 18 (Signed) A.B. DECLARATION OF SHERIFF AND OTHERS We, the undersigned, hereby declare that judgment of death was this day executed on C.D. in the [describe prison], in our presence. Dated this day of 18 WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINÆ No. 21 An Act for the Punishment of Fraudulent Debtors and for E it enacted by His Excellency the Governor of Western Australia the Legislative Council thereof, as follows : PRELIMINARY 1. This Act may be cited for all purposes as 1871.' The Debtors Act, Short title of Act 2. This Act shall not come into operation until the day on which Commencement 'The Bankruptcy Act, 1871,' comes into operation, which day is herein- and construction after referred to as the commencement of this Act; and words and expressions defined or explained in 'The Bankruptcy Act, 1871,' shall have the same meaning in this Act. PART I. EXCEPTIONS TO THE ABOLITION OF IMPRISONMENT FOR DEBT 3. Subject to the provisions hereinafter mentioned and to the prescribed rules, any Court may commit to prison for a term not exceeding Power to comdebts mit for small |