Preamble Ordinary rate of superannuation allowance Provision for computing amount of superannuation to ANNO TRIGESIMO QUINTO VICTORIÆ REGINE No. 7 An Act to regulate Superannuations and other Allow- W [Assented to 8th August, 1871. HEREAS 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, To any person who has served ten years and upwards and under For eleven years and under twelve years, an annual allowance of And in like manner a further addition to the annual allowance of years. Provided that if any question should arise in any department of the 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 qualifications 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 persons holding other special offices 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 amount of salary than three years.. received for less 4 & 5 Wil. IV., c. 24, s. 12 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 injury 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. 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. 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 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 Power to Governor in Executive gratuities in case Council to grant of short service Power to Governor in Council to on abolition of grant allowance offices Conditions of grant of full superannuations to public officers not heads of departments Special services, reduced allowances for de merits in individual cases Evidence of infirmity of persons under sixty Persons superannuated under sixty may be again 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. 7. It shall not be lawful for the Governor in Executive Council to grant the full amount of superannuation allowance which can be granted under this Act to any person not being the head officer or one of the head officers of a department unless upon production of a 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. 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. 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 superannua tion or compensation to be 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 enjoyed with salary for Pensions and Superannuations where every such allowance or compensation shall cease to be paid for any period subsequent to such appointment if the annual salary and emoluments of the office to which he is appointed are equal to those of the office formerly held by him, and in case they are not equal to those of his former office then no more of such superannuation allowance or compensation shall be paid to him than what with the salary and emoluments of his new appointment is equal to those of his former office. 12. Nothing in this Act contained shall extend or be construed to extend to give any person an absolute right to compensation for past services or to any superannuation or retiring allowance under this Act or to deprive the Governor of the power and authority to dismiss any person from the public service without compensation. 13. The Governor in Executive Council may from time to time make such rules as he deems expedient for regulating the superannuation allowances on the ultimate retirement from the permanent Civil Service of the Colony of colonial officers who may have been promoted and transferred from or into the permanent Civil Service of the Colony. And may alter or revoke such rules or any of them and make others in their stead. Act not to give to allowances or to prevent disfor misconduct an absolute right missal of persons Governor to retiring allowance to officers make rules for transferred from or into colonial service 14. Sections 2 and 8 of this Act shall not apply to persons who Sections 2 and 8 may enter the public Civil Service of this Colony after the date on which this Act comes into operation. not to apply to certain persons 15. In referring to this Act it shall be sufficient to use the expres- Short title sion The Superannuation Act.' FRED. A. WELD, GOVERNOR. W WESTERN AUSTRALIA ANNO TRIGESIMO QUINTO VICTORIÆ REGINE No. 8 An Act to amend the Laws relative to Juries. [Assented to 8th August, 1871. HEREAS for the better and more effective administration of Preamble justice it is expedient to amend the laws regulating the qualifications, summoning, attendance and remuneration of Special and Common Juries and otherwise to amend the laws as to trials by jury 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: Act to come into 1. This Act may be cited for all purposes as The Jury Act, 1871,' Title and shall not come into force till the thirtieth day of November, 1871. 2. The word 'juror' shall mean male persons only. force on November 30 Juries Reference by any nances Every jury to consist of twelve persons, Coronors' Juries excepted When issue of fact to be tried, or damages assessed, writ to issue to Sheriff to summon jury 3. Wherever by the provisions of any Act or Ordinance now in force anything is required to be done agreeably to the provisions or as prescribed by The Jury Ordinance, 1858,' all such matters and things shall henceforth be done as prescribed by this Act. 4. The Ordinances mentioned in the first Schedule are hereby repealed, except as to any proceeding had or now pending under the said Ordinances or any of them. 5. Every jury shall consist of twelve persons: Provided nevertheless that nothing herein shall be construed to affect or in any way to alter the provisions of the Ordinance 27th Vic., No. 1, respecting Coroners' Juries, or to include writs of inquiry before the Sheriff when the jury shall consist of six persons. 6. Whenever an issue of fact is to be tried or damages assessed by a jury before a Court or by virtue of a writ of inquiry before the Sheriff himself, the writ or precept may be issued, tested in the name of the Judge, directing the Sheriff to summon a jury under the proseven clear days visions of this Act for the trial of such issue or the assessing of such damages Provided that application be made and such writ or precept be issued at least seven clear days before the attendance of such jury shall be required. before day of attendance Qualifications and liability to serve as jurors Disqualifications of certain persons Exemptions Jury lists to be made out, how, and by whom 7. Every man (except as hereinafter excepted) between the ages of twenty-one years and sixty years residing within the said Colony, and who shall have within the Colony either in his own name or in trust for him real estate of the value of fifty pounds sterling clear of all incumbrances or a clear personal estate of the value of one hundred and fifty pounds sterling or upwards shall be qualified and liable to serve on juries in all civil and criminal proceedings in the said Colony: Provided nevertheless that no person residing beyond a radius of twenty-five miles of the place of attendance shall be summoned to serve on any jury or inquisition. 8. No man not being a natural-born subject or a naturalised subject of Her Majesty and no man who in any part of the British dominions hath been or shall be convicted of any treason or felony or of any crime that is infamous, unless he shall have obtained a free pardon thereof or shall be within the benefit and protection of some Act of Parliament giving the force and effect of a free pardon under the Great Seal, is or shall be qualified to serve on any jury under this Act. 9. The following persons shall be exempted from serving on juries and shall not be inserted in the lists to be prepared by virtue of this Act, or if inserted may claim exemption, that is to say: Members of the Executive and Legislative Councils, the officers of the Civil and Criminal Courts, persons holding office under the Imperial or Colonial Government, all ministers of religion, barristers, attorneys, solicitors admitted and in actual practice, and their managing clerks, 'duly qualified medical practitioners,' naval and military officers on full pav, pilots, mariners actually employed, sheriff's officers and peace officers. 10. The Resident or Police Magistrate of each district of the Colony, or (during a vacancy in that office) some other person to be |