« EelmineJätka »
Fine on Magistrates, Sheriff, &c., failing to fulfil duties
under the Act, or
or Judge of such person having been duly summoned he shall incur a fine and forfeit a sum not exceeding fifty pounds at the discretion of the Court or Judge before which or to whom the panel was returnable, and such fine or sum shall be levied and applied in like manner as all other fines and forfeitures.
33. If any Resident or Police Magistrate or Chairman of Magistrates or any such appointee as aforesaid shall fail, neglect or refuse to comply with and perform any of the trusts or duties required making out lists, of or imposed upon them in and by the tenth, eleventh, twelfth, thirteenth and fourteenth sections hereof or any of them, or if any Sheriff or other ministerial officer or any Clerk of Magistrates shall wilfully or knowingly insert in any jurors' list or jurors' book as aforesaid any name or names that ought not to be returned therein, or shall wilfully or knowingly omit therefrom any name or names that ought to appear therein, or shall otherwise fail well and faithfully to do and perform all and every the acts, matters and things hereby required to be by him performed, then upon proof thereof on oath, such Resident or Police Magistrate or Chairman of Magistrates or any such Clerk or appointee, Sheriff or other ministerial officer shall (unless some sufficient cause for such failure, neglect or default be shown) incur a fine and forfeit a sum not exceeding fifty pounds, at the discretion of the Supreme Court.
Penalty on jurors, &c.
34. Any person guilty of the offence of corruptly influencing or tampering with attempting to influence any juror or any juror consenting thereto, shall be deemed to have committed a misdemeanour, and may on proof thereof before the said Supreme Court be punished with fine (not exceeding one hundred pounds) and imprisonment (not exceeding one year).
Disqualification or exemption to be pleaded before revision of list
Sheriff to make
35. No person whose name shall be in the Jury Book as a Juror shall be entitled to be excused from attendance on the ground of any disqualification or exemption (other than illness) not claimed by him at or before the revision of the list by the Justices of the Peace, and a notice to that effect shall be printed at the bottom of every jury list.
36. It shall be lawful for the Sheriff or other officer to whom any regulations as to precept for summoning jurors shall be addressed, with the consent of the person or persons by whom such precept shall have been issued to make regulations as to the attendance of Jurors during the time for which they shall be summoned, and in particular as to the days on which and the time during which they are to attend. Such regulations may be sent to any juror together with the summons requiring him to attend on any jury or inquisition, and when so sent shall be deemed to be part of such summons.
Jurors to be
37. Jurors after having been sworn may in the discretion of the allowed fire and Judge be allowed at any time before giving their verdict the use of a fire when out of Court, and be allowed reasonable refreshment, such refreshment to be procured at their own proper expense.
38. The Chief Justice is hereby empowered by general orders to Chief Justice to make rules, not inconsistent with this Act, for the purpose of carrying orders out the several provisions of this Act.
LIST OF MEN QUALIFIED AND LIABLE TO SERVE ON JURIES
(Signed) A.B. Chairman of Magistrates.
(Signed) C.D. Resident or Police Magistrate of
I hereby declare and aver that the above list contains to the best of my knowledge, information, and belief the names of all persons within the said district who are qualified and liable to serve on juries according to the provisions of the said Ordinance.
An Act to prohibit the Export of Arms and Munitions of [Assented to 8th August, 1871.
THEREAS it is expedient to empower the Governor, or Officer Preamble Administering the Government for the time being, in cases of emergency to prohibit, by proclamation, the export of Arms and Munitions of War: 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 :
1. The Governor, or Officer Administering the Government for Goods prohibited the time being, is hereby empowered and authorised to prohibit by by Proclamation proclamation, the following goods to be exported or carried coastwise: Arms, ammunition, and gunpowder, military and naval stores, and any articles which the Governor, or Officer Administering the Government for the time being, shall judge capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victuals which may be used as food by man; and if any goods so prohibited shall be exported from this Colony or carried coastwise, or be water-borne to be so exported or carried, they shall be forfeited.
2. All goods and other things which shall be seized as forfeited under this Act shall be deemed and taken to be condemned, and may be sold, unless the person from whom such goods and other things shall have been seized, or the owner of them or some other person authorised by him, shall within one month from the day of seizing the same give notice in writing to the person whosoever seizing the same, or to the Chief Officer of Customs at the nearest port, that he claims the goods or other things, or intends to claim them.
3. Whenever any forfeiture shall have been incurred under this Act, such forfeiture shall and may be sued for, prosecuted, recovered and disposed of in the Court of Vice-Admiralty.
Seized goods, if
unclaimed for a month, to be
dealt with accordingly
Penalties and forfeitures, how
to be recovered
4. All forfeitures recovered under this Act shall be paid into the hands of the Colonial Treasurer, and shall be divided, paid and applied penalties as follows (that is to say) after deducting the charges of prosecution from the produce thereof, two-thirds to Her Majesty her heirs and successors for the public use of the Colony, and one-third part to the seizor, informer, and prosecutor.
5. If any goods shall be seized as forfeited under this Act, the Bail may be Judge of the Court of Vice-Admiralty may, with the consent of the given for seizures Chief Officer of Customs, order the delivery thereof on security by bond, with two sufficient sureties to be first approved by such officer, to answer double the value of the same in case of condemnation; and such
Suits to be com
Export of Arms
bond shall be taken to the use of Her Majesty in the name of the Officer of Customs where the goods may be lodged, and such bond shall be delivered and kept in the custody of the officer; and in case the goods shall be condemned the value thereof shall be paid into the hands of such collector or officer, who shall thereupon cancel such bond.
6. No suit shall be commenced for the recovery of any forfeiture menced in name under this Act except in the name of the Chief Officer of the Customs or of Her Majesty's Attorney-General.
Limitation of appeals
Security to abide an appeal from Vice-Admiralty
Claim to be in name of bond fide
7. No appeal shall be prosecuted from any decree or sentence of the Court of Vice-Admiralty touching any forfeiture imposed by this Act, unless the inhibition shall be applied for and decreed within twelve months from the time such decree or sentence was pronounced.
8. If any proceedings shall be instituted in the Court of ViceAdmiralty against any goods for the recovery of any forfeiture under this Act, the execution of any sentence or decree restoring such goods to the claimant thereof which shall be pronounced by the said ViceAdmiralty Court shall not be suspended by reason of any appeal which shall be prayed and allowed from such sentence: Provided that the party or parties appellate shall give security to be approved of by the Court to render and deliver such goods concerning which such sentence or decree shall be pronounced, or the full value thereof to be ascertained either by agreement between the parties or in case the said parties cannot agree then by appraisement under the authority of the said Court to the appellant or appellants in case the sentence or decree so appealed from shall be reversed and such goods be ultimately condemned.
AS TO THE ENTRY OF APPEARANCES AND CLAIMS BY THE OWNERS
9. No claim nor appearance shall be permitted to be entered to any information filed for the forfeiture of any goods seized under this Act and returned into the Court of Vice-Admiralty, unless such claim or appearance be made by or in the true and real name or names of the owner or proprietor of such goods, describing the place of residence and the business or profession of such owner or proprietor, and if such Verified by onth person shall reside in this Colony oath shall be made by him before the Judge of the Vice-Admiralty Court that the goods were his property at the time of seizure, but if such person shall reside elsewhere then oath shall be made by the attorney by whom such claim or appearance shall be entered that he has full authority from such owner to enter the same, and that to the best of his knowledge and belief such goods were at the time of the seizure thereof the bond fide property of the person in whose name such claim or appearance is entered, and in failure of making such proof of ownership the goods shall be condemned, and judgment shall be entered thereon by default, according to the usual practice of the Court, as if no claim or appearance had been made.
If goods owned by more than
five co-proprietors, two
may make the oath
10. When any such goods shall at the time of the seizure thereof be the bond fide property of any number of proprietors exceeding five, it shall not be necessary for more than two of such proprietors resident