Definition of the word 'Owner' Title of Act Wild Horses and Cattle sections shall be deemed or taken to set aside any of the provisions of this Act. 15. That the word 'owner' in this Act shall mean any proprietor of horses or cattle or any person having charge of such horses or cattle. 16. That this Act may be cited for all purposes as Cattle Nuisance Act, 1871.' " The Wild FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. WESTERN AUSTRALIA ANNO TRIGESIMO QUINTO VICTORIÆ REGINÆ No. 2 An Act for the Naturalization of Aliens within the Colony of Western Australia. [Assented to 4th August, 1871. WHER THEREAS an Act of Parliament was passed in the thirty-third year of the reign of Her Majesty Queen Victoria, intituled 'An Act to amend the law relating to the legal condition of Aliens and British subjects,' and it is expedient to adopt the provisions of the said recited Act in so far as the same can be made applicable in the Colony of Western Australia; 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. This Act may be cited for all purposes as 'The Naturalization Act, 1871.' 2. Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as though from or in succession to a natural-born British subject: provided,― (1.) That this section shall not qualify an alien for any office, or for any municipal, parliamentary, or other franchise. (II.) That this section shall not entitle any alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are hereby expressly given to him. (III.) That this section shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before Naturalization of Aliens the passing of this Act, or in pursuance of any devolution by (IV.) That this section shall not qualify an alien to be the owner 3. From and after the passing of this Act, an alien shall not be entitled to be tried by a jury de medietate lingua, but shall be triable in the same manner as if he were a natural-born subject. 4. Upon obtaining the certificate and taking the oath hereinafter prescribed, every alien now residing in, or who shall hereafter come to reside in, any part of the Colony, with intent to settle therein, shall be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, to which a natural-born subject is entitled or subject in the Colony. 5. It shall be lawful for any such alien as aforesaid to present to Aliens to present the Governor a memorial, stating the age, profession, trade, or other memorial occupation of the memorialist, and the duration of his or her residence in the Colony, and all other the grounds on which he or she seeks to obtain any of the rights and capacities of a natural-born British subject within the Colony, and praying the Governor to grant to the memorialist the certificate hereinafter mentioned. 6. Every such memorial shall be considered by the Governor in Council, who shall inquire into the circumstances of each case, and receive all such evidence as shall be offered, by affidavit or otherwise, as he may deem necessary or proper for proving the truth of the allega tions contained in such memorial; and the Governor, if he so think fit, may issue a certificate reciting such of the contents of the memorial as he shall consider to be true and material, and granting to the memorialist (upon his or her taking the oath hereinafter prescribed) all the rights and capacities of a natural-born British subject within the Colony. Memorial to be considered by may grant Governor, who Certificate 7. Such certificate shall be enrolled for safe custody as of record in Certificate to be the Supreme Court, and may be inspected and copies thereof taken enrolled under such regulations as the Chief Justice shall direct. oath 8. Within sixty days from the day of the date of such certificate, Alien to take every memorialist to whom rights and capacities shall be granted by such certificate shall take and subscribe the following oath, that is to say I, A.B., do swear that I will be faithful and bear true allegiance Form of oath Which oath shall be taken and subscribed by such memorialist and be 9. The several proceedings hereby authorised to be taken for Rules to be made obtaining such certificate as aforesaid, shall be regulated in such by Governor manner as the Governor shall from time to time direct. VOL. I. I I Fees payable Alien previously naturalized may apply for certifi cate Women married to natural-born subjects deemed naturalized Status of infant children Hereditaments acquired or disposed of by Naturalization of Aliens 10. The sum of one pound shall be payable in respect of the several proceedings hereby authorised; and the same shall form part of the general revenue. 11. An alien who has been naturalized previously to the passing of this Act may apply to the Governor for a certificate of naturalization under this Act, and it shall be lawful for the said Governor to grant such certificate to such naturalized alien upon the same terms and subject to the same conditions except payment of fee in and upon which such certificate might have been granted if such alien had not been previously naturalized in the Colony. 12. Any woman married, or who shall be married, to a natural-born subject or person naturalized, shall be deemed and taken to be herself naturalized, and have all the rights and privileges of a natural-born subject. 13. Where the father (or the mother, being a widow) has obtained a certificate of naturalization in the Colony, every child of such father or mother who during infancy has become resident in the Colony shall be deemed to be a naturalized British subject. 14. All hereditaments which have heretofore been held, disposed of, or transmitted by or through any alien, shall be deemed to have aliens, not liable been lawfully holden, disposed of and transmitted, and not to have been liable to escheat or forfeiture; and all hereditaments now held by any alien may be lawfully held, disposed of and transmitted, without being liable to escheat or forfeiture. to escheat FRED. A. WELD, GOVERNOR. Preamble WESTERN AUSTRALIA ANNO TRIGESIMO QUINTO VICTORIÆ REGINÆ No. 3 An Act to empower the Chief Justice to grant Commissions for taking Affidavits to be made use of in the Supreme Court, and for taking the Acknowledgments of Deeds executed by Married Women. [Assented to 4th August, 1871. WHEREAS it been founmissions for the taking and swearing HEREAS it has been found inconvenient that no persons are of affidavits to be made use of in the Supreme Court, and for taking the acknowledgments of deeds executed by married women: 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; that is to say: Administration of Justice (Civil) 1. It shall be lawful for the Chief Justice for the time being, by commission or commissions under the seal of the Supreme Court of the Colony, from time to time, as need shall require, to appoint and empower as many persons as he shall think fit and necessary in places either within or beyond the jurisdiction of the said Court, to administer oaths, and take and receive all and every such affidavit and affidavits, declarations, or affirmations as any person or persons shall be willing and desirous to make before any of the persons so empowered in or concerning any cause, matter, or thing depending or hereafter to be depending, or anywise concerning any of the proceedings in the said Court; and to take the acknowledgments of deeds executed by married women. Amdavits, &c., Commissioner the Supreme davits, &c., now 2. All affidavits, declarations, or affirmations taken or made before any commissioner appointed or empowered as aforesaid shall be read and made use of in the said Court, to all intents and purposes, as other affidavits, declarations, or affirmations taken or made in the said Court now are, or by the practice of the Court at any time hereafter may be. 3. Any acknowledgment to be made by any married woman, whether within or out of the said Colony, of any deed, under the provisions of Commissioners the Ordinances 2 Will. IV., No. 7, s. 4, and 19 Vic., No. 3, s. 4, may be received by any commissioner appointed and empowered as aforesaid, in the same manner as such acknowledgment may now be received by the Judge of the Court of the said Colony. FRED. A. WELD, GOVERNOR. are may receive ac knowledgments of married women under provisions of Ordinances 2 Will. IV., No. 7, s. 4, and 19 Vic., No. 3, s. 4 WESTERN AUSTRALIA ANNO TRIGESIMO QUINTO VICTORIÆ REGINÆ No. 6 An Act to regulate the Distillation, Rectifying and Compounding of Spirits, to grant a Duty upon Spirits distilled in Western Australia, and to regulate the Sale of Fermented and Spirituous Liquors in certain [Assented to 8th August, 1871. cases. WHEREAS it is a upon THEREAS it is expedient to regulate the distillation, rectifying Preamble and compounding of spirits, to the granting a duty upon spirits distilled in Western Australia, to restrain illicit distillation and to make provision for the sale of fermented and spirituous liquors in quantities not less than one gallon: 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 the Governor-in-Council to appoint an Appointment officer to be called the Chief Inspector of Distilleries, and such and SO of officers Places where distillation may be carried on Penalty for making use of stills without license License, how obtained Vessels and form of license Conditions of license Premises to be inspected Distillation many Inspectors of Distilleries and other inferior officers as may be necessary for the due execution of this Act. 2. Any person, except as hereinafter excepted, who shall carry on the business of a distiller or rectifier and compounder of spirits, or who shall have in his possession, or who shall make use of any still or other utensil for distilling or rectifying and compounding spirits, except in such place as the Governor-in-Council shall by proclamation in the Government Gazette' direct, shall be liable to a penalty of not less than one hundred pounds nor more than five hundred pounds. 3. Any person who shall have in his possession or on his premises, or who shall make use of any still, utensil or apparatus for distilling or rectifying and compounding spirits without first having obtained a license for keeping or using the same from the Collector of Revenue, shall be liable to a penalty of not less than fifty pounds nor more than five hundred pounds, together with the forfeiture of all such stills, utensils and apparatus. 4. Any person desirous of obtaining a license to distil or to rectify and compound spirits shall apply by memorial addressed to the Collector of Revenue for such license, and such memorial shall describe the premises where such distillation is to be carried on, and shall be accompanied by a plan of such premises, showing the situation of the still and all other vessels and apparatus to be used on such premises, together with the dimensions and capacity of all such vessels and apparatus, and such plan shall contain such other particulars as shall from time to time be required and directed by such Collector to be given. 5. The Collector of Revenue is hereby authorised to grant licenses in accordance with the provisions of this Act, and every license so granted by such Collector shall be in the form prescribed in the first and second schedules of this Act, and shall specify the premises in which the distillation or rectifying and compounding of spirits shall be carried on, and no such license shall authorise the person obtaining the same to have or use any still or other apparatus used in distillation or in the rectifying and compounding of spirits in any other place than that mentioned in such license, and any person having or using any still or other apparatus as hereinbefore mentioned in any other place than that mentioned in such license shall be liable to the penalty herein before imposed upon any person having and using any still or other apparatus for distillation without having first obtained a license. 6. No license shall be granted under this Act (except as hereinafter provided) unless the wash still shall be capable of containing double the quantity of the low wines or spirit stills, and no such license shall (except as hereinafter provided) authorise any person to have or use any still of less capacity than forty gallons, or any distilling apparatus which shall not be capable of exhausting at least fifty gallons of wash in the hour, provided that the Collector of Revenue may if he think fit refuse to license any still of less capacity than four hundred gallons or any distilling apparatus not capable of exhausting two hundred gallons of wash in the hour. 7. Before any license shall be granted under the provisions hereinbefore mentioned the premises described in the memorial hereinbefore |