Section 132 Section 132 Section 133 Section 139 THE EIGHTH SCHEDULE REGISTRATION OF WINE AND SPIRIT MERCHANT day of From Name of wine and spirit merchant, Distillation name and premises as No. Whereas office the sum of said THE NINTH SCHEDULE 18 of FORM OF CERTIFICATE AS WINE AND SPIRIT MERCHANT Court House, at day of I certify that from the THE TENTH SCHEDULE registered FORM OF LICENSE TO WINE AND SPIRIT MERCHANT Treasury 18 18 of I 18 THE ELEVENTH SCHEDULE has paid into my do hereby license the to sell in quantities of not less than one imperial gallon spirituous liquors, wine, or fermented malt liquors, upon all of which the duty has been paid from the in the year to the thirty-first day of December in the year under the provisions of the Act. day of day of FORM OF INFORMATION BEFORE JUSTICES OF THE PEACE Western Australia,} to Be it remembered that on the day of in the year of Our A.B., Chief Inspector of Distilleries (or Inspector of Distilleries, as the case may be, who is directed by the Chief Inspector of Distilleries to prefer Lord Distillation this information ), gives me, 2 THE TWELFTH SCHEDULE FORM OF CONVICTION TO BE USED FOR AN OFFENCE AGAINST THIS ACT Western Australia,} to day of Be it remembered that on the in the year of Our Lord an information was exhibited by A.B., Chief Inspector of Distilleries (or Inspector of Distilleries, as the case may be), before us, Esquires, two of Her Majesty's Justices of the Peace of the said Colony, against C.D., which said information charged that the said C.D., on the day of in the year of Our Lord (here state the offence as in the information), contrary to the form of the Act in such case made and provided, which offence has been duly proved before us, the said Justices. We do therefore convict the said C.D. of the said offence, and do adjudge that the said C.D. hath forfeited for his said offence the sum of Given under our hands and seals this Our Lord day of in the year of THE THIRTEENTH SCHEDULE FORM OF WARRANT OF COMMITMENT TO GAOL FOR A PENALTY Western Australia,} Esquires, To A.B., constable, and to E.F., the Gaoler or Keeper of the in the Whereas C.D. has been duly convicted before us, two of Her Majesty's Justices of the Peace for the said Colony, of having (here state the offence as in the information) And whereas we the said Justices did adjudge that the said C.D. hath forfeited for his said offence the sum of and whereas the said sum was not immediately paid nor security given to our satisfaction for the due payment thereof; these are therefore to require you the said A.B. forthwith to take, carry and convey the said C.D. to the at in the and to deliver him into the custody of the Gaoler or Keeper of the said ? and we the said Justices do hereby authorise and require the said E.F., the Gaoler this Section 139 Section 139 Preamble Ordinary rate of superannuation allowance Provision for computing amount of superannuation to other special offices Pensions and Superannuations WESTERN AUSTRALIA ANNO TRIGESIMO QUINTO No. 7 An Act to regulate Superannuations and other Allowances to Persons having held Civil Offices in the Public Service under the Colonial Government. [Assented to 8th August, 1871. WB WHEREAS it is expedient that the Law in force in the United Kingdom concerning Superannuations and other Allowances to persons having held civil offices in the Public Service should with certain modification be adopted in this Colony, and be applicable to persons having held office in the permanent Civil Service: 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. Subject to the exceptions and provisions hereinafter contained, the superannuation allowance to be granted after the commencement of this Act to persons who shall have served in an established capacity in the permanent Civil Service of the Colonial Government, whether their remuneration be computed by day pay, weekly wages or annual salary, and for whom provision is not otherwise made by legislative enactment in force at the time of the commencement of this Act or hereafter to be passed, shall be as follows, that is to say : To any person who has served ten years and upwards and under eleven years, an annual allowance of ten-sixtieths of the annual salary and emoluments of his office. For eleven years and under twelve years, an annual allowance of eleven-sixtieths of such salary and emoluments. And in like manner a further addition to the annual allowance of one-sixtieth in respect of each additional year of such service until the completion of a period of service of forty years, when the annual allowance of forty-sixtieths may be granted, and no addition shall be made in respect of any service beyond forty years. 2. It shall be lawful for the Governor in Executive Council from time to time by any order or warrant to declare that for the due and efficient discharge of the duties of any office or class of offices, to be professional and specified in such order or warrant, professional or other peculiar qualifi cations not ordinarily to be acquired in the public service are required and that it is for the interest of the public that persons should be Provided that if any question should arise in any department of the public service as to the claim of any person for superannuation under this clause it shall be referred to the Governor in Executive Council, whose decision shall be final. Pensions and Superannuations appointed thereto at an age exceeding that at which public service ordinarily begins, and by the same or any other warrant or order to direct that when any person now holding or who may hereafter be appointed to such office or any of such class of officers shall retire from the public service, a number of years, not exceeding twenty, to be specified in the said order or warrant, shall in computing the amount of superannuation allowance which may be granted to him under the foregoing section of this Act be added to the number of years during which he may have actually served, and also to direct that in respect of such office or class of officers the period of service required to entitle the holders to superannuation may be a period less than ten years to be specified in the order or warrant: Provided that no grant shall be made under this section before receiving the sanction of the Legislative Council. 3. The superannuation allowance to be granted to any person under this Act shall not be computed upon the amount of the salary and emoluments enjoyed by him at the time of his retirement unless he has been in receipt of the same for a period of at least three years immediately before the granting of such superannuation allowance, and in case he shall not have enjoyed his then existing salary and emoluments for that period, such superannuation allowance shall be calculated upon the average amount of salary and emoluments received by such person for three years next preceding the commencement of such allowance. Superannuations not to be granted on advanced 5. It shall be lawful for the Governor in Executive Council to grant to any person who being the holder of an office in respect of which a superannuation allowance may be granted is constrained from infirmity of mind or body to leave the public service before the completion of the period which would entitle him to a superannuation allowance such sum of money by way of gratuity as the Governor in Executive Council may think proper, but so as that no such gratuity shall exceed the amount of one month's pay for each year of service. amount of salary than three years.. received 4 & 5 Wil. IV., c. 24, s. 12 injury 4. It shall be lawful for the Governor in Executive Council to Allowances in grant to any person who being the holder of an office in respect of cases of bodily which a superannuation allowance may be granted but not having completed the period which would have entitled him to a superannuation allowance is compelled to quit the public service by reason of severe bodily injury occasioned without his own default in the discharge of his public duty, a gratuity not exceeding three months' pay for every two years of service or a superannuation allowance not exceeding tensixtieths of the annual salary and emoluments of his office. Power to Governor in Executive gratuities in case Council to grant of short service Power to Gover nor in Council to grant allowance offices 6. It shall be lawful for the Governor in Executive Council to grant to any person retiring or removed from the public service under the Colonial Government in consequence of the abolition of his office on abolition of or for the purpose of facilitating improvements in the organisation of the department to which he belongs by which greater efficiency and economy can be effected such special annual allowance by way of compensation as on a full consideration of the circumstances of the case may seem to the Governor in Council to be a reasonable and just compensation for the loss of office; and if the compensation shall exceed the amount to which such person would have been entitled under the Conditions of grant of full superannuations 7. It shall not be lawful for the Governor in Executive Council to grant the full amount of superannuation allowance which can be to public officers granted under this Act to any person not being the head officer or one not heads of departments of the head officers of a department unless upon production of certificate signed by the head officer of the department by two head officers if there be more than one, that he has served with diligence and fidelity to the satisfaction of such head officer or officers, and in every case in which any superannuation allowance is granted after the refusal of such certificate the Order in Council granting it shall state such refusal and the grounds on which such allowance is granted. Special services, reduced allowances for demerits in individual cases Pensions and Superannuations scale of superannuation provided by this Act if ten years were added to the number of years which he may have actually served, such allowance shall be granted by special minute stating the special grounds for granting such allowance, which minutes shall be laid before the Legislative Council, and no such allowance shall exceed two-thirds of the salary and emoluments of the office. Evidence of infirmity of persons under sixty 8. It shall be lawful for the Governor in Executive Council to grant to any person any superannuation, compensation, gratuity or other allowance of greater amount than the amount which might be awarded to him under the foregoing provisions when special services rendered by such person and requiring special reward shall appear to him to justify such increase, but so that such allowance shall in no case exceed the salary and emoluments enjoyed by the grantee at the time of retirement, and the grounds of every such increase shall be stated in a minute of the Governor in Council which shall be laid before and be subject to the confirmation of the Legislative Council; and the Governor in Council may grant to any person any such allowance of less amount than otherwise would have been awarded to him when his defaults or demerit in relation to the public service appear to the Governor in Executive Council to justify such diminution. 9. It shall not be lawful to grant any superannuation allowance under the provisions of this Act to any person who is under sixty years of age unless upon medical certificate to the satisfaction of the Governor in Executive Council that he is incapable from infirmity of mind or body to discharge the duties of his situation and that such infirmity is likely to be permanent. Persons superannuated under sixty may be 10. Every person to whom a superannuation or compensation allowance has been granted before he has attained the age of sixty required to serve years shall until he has attained that age be liable to be called upon to fill any public office or situation under the Crown in this Colony for which his previous public services may render him eligible and if he declines when called upon to do so to take upon himself such office or situation or declines or neglects to execute the duties thereof satisfactorily being in a competent state of health he shall forfeit his right to the compensation or superannuation allowance which had been granted to him. No superannuation or compensation to be enjoyed with salary for 11. In case any person enjoying any superannuation allowance in consequence of retiring from office on account of age, infirmity or any other cause or enjoying any compensation for past services upon the efficient services abolition or reduction of office is appointed to fill any office in any public department under the Crown whether in this Colony or else |
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