Harbours and Pilotage question on such appeal shall be whether or no the said ship, hulk or other vessel was at the time of the survey and inspection aforesaid in an unfit state for sea service and unsound and unsafe and likely to prove an obstruction to such port or harbour; and, if the said question be determined in the affirmative, the said Chief Justice shall affirm the order appealed against, and if the said question shall be determined in the negative, the Chief Justice shall quash the same; and the costs of any such appeal shall abide the event. And if the Chief Justice shall affirm the said order, such proceedings shall be had and taken thereupon as if such order had been made by the said Harbour Master on the day of such affirmance: Provided always that if the appellant is guilty of any unreasonable delay in prosecuting such appeal, it shall be competent for the Chief Justice to fix a day for the hearing and determination thereof: Provided also that the Harbour Master shall in no case unloose or cut any rope or unshackle or break any chain by which any vessel is moored or fastened unless there be a sufficient number of persons on board to protect the same : Provided also that in no such case as aforesaid shall the Harbour Master order any such ship, hulk or vessel as aforesaid to be taken to any place outside the port or harbour unless in the judgment of such Harbour Master there is no place within the port or harbour where she might lie without prejudice or risk of prejudice to the navigation and use thereof. 7. No ballast that is disapproved of by any Harbour Master as being of an unsafe or dangerous nature shall be put on board any vessel. Any master of a vessel continuing to ship such ballast on board of such vessel or any person continuing to supply such ballast or both of them after any Harbour Master shall have in writing expressed his disapproval of the same, shall forfeit and pay any sum not exceeding fifty pounds. 8. Every person other than the Harbour Master who shall wilfully cut, break or destroy, except for the purposes of this Act, the moorings or fastenings of any vessel lying in a harbour or dock at or near a wharf shall for every such offence be liable to a penalty not exceeding five pounds, in addition to any liability he may so incur by proceedings at the suit of or for the benefit of any person damnified thereby. 9. If any Harbour Master or any of his assistants without reasonable cause or in an unreasonable or unfair manner shall exercise any of the powers or authorities vested in the Harbour Master and his assistants by this Act or the said recited Act, the person so offending shall for every such offence be liable to a penalty not exceeding fifty pounds. 10. If any person shall give or offer any sum of money or anything whatsoever by way of reward or bribe to any Harbour Master or any officer or person employed in or about any harbour, dock or wharf for the purpose of gaining an, undue preference in the execution of his office or for the purpose of inducing such Harbour Master or other officer to do or omit to do anything in relation to his office, or if such Harbour Master or other officer shall receive or engage to receive any such reward or bribe as aforesaid, every such person so offending shall be liable for every such offence to a penalty of twenty pounds. No ballast to be approved of by shipped if disHarbour Master Penalty Penalty for wilmoorings, &c. fully cutting Penalty on Harmisbehaviour bour Master for Penalty for offeror ing or taking Incorporation with 18 Vic No. 15 Interpretation clause Harbours and Pilotage 11. This Act shall form part of and be incorporated with The Shipping and Pilotage Consolidation Ordinance, 1855.' 12. The following words and expressions in this Act and the said recited Ordinance shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say— The word' vessel' shall include ship, hulk, boat, lighter and craft of every kind and whether navigated by steam or otherwise. The words 'master' and 'commander' when used in relation to any vessel shall be understood to mean the person having the command or charge, custody or control of the vessel for the time being. The words 'Harbour Master' shall include Resident Magistrate or Police Magistrate' for the port or district where the Harbour Master discharges his functions, but only in case of the absence from such port or inability from any cause whatever of such Harbour Master to perform his functions; and also in case there shall be no such Harbour Master in any port or district, then such words shall include the Resident Magistrate or Police Magistrate for such port or district; and in case of the absence of such Resident or Police Magistrate any two Justices of the Peace of the Colony. FRED. A. WELD, WESTERN AUSTRALIA Preamble ANNO TRIGESIMO SEPTIMO VICTORIÆ REGINE No. 15 An Act to make provision for the Establishment of a Law and Parliamentary Library. WHER [Assented to 29th July, 1873. HEREAS certain moneys are now in the hands of the Registrar of the Supreme Court which it is conceived are never likely to be claimed by the parties entitled thereto and whereas it is considered expedient to devote such moneys to the establishment of a Law and Parliamentary Library and to authorise the Governor to repay any of such sums out of the general revenue of the Colony in case that the funds at the disposal of the said Registrar should at any time hereafter be insufficient to meet the demands made upon him by reason of the application of the said moneys to the establishment of a Library as aforesaid: 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: Law and Parliamentary Library 1. This Act may be cited as 'The Law and Parliamentary Library Short title Act, 1873.' 2. The Registrar of the Supreme Court shall, on demand made to him in writing, signed by the Governor, pay to the Colonial Treasurer the sum of four hundred and twenty-eight pounds five shillings and seven pence. 3. [Repealed by 45 Vic., No. 11.] 4 and 5. [Repealed by 53 Vic., No. 17.] 6. It shall be lawful for the Governor at any time after the said sum of four hundred and twenty-eight pounds five shillings and seven pence shall have been paid into the Treasury as aforesaid, to authorise the Colonial Treasurer to pay any sum not exceeding four hundred and twenty-eight pounds five shillings and seven pence, for such books as the said Law and Parliamentary Library Committee shall purchase. 7. In case that it shall be made to appear to the Governor that the funds in the hands of the Registrar of the Supreme Court are insufficient, by reason of the withdrawal from his hands of the said sum of four hundred and twenty-eight pounds five shillings and seven pence, to meet the demands made upon him, it shall be lawful for the Governor, by warrant under his hand, to authorise the Treasurer to pay out of the general assets of the Colony such sum or sums, not exceeding in the aggregate the said sum of four hundred and twentyeight pounds five shillings and seven pence, as may be sufficient to make good the deficiency. FRED. A. WELD, An Act to repeal two Ordinances intituled respectively Preamble 16 Vic., No. 22, Religious Bodies (Church of England) Churches and Chapels of the United Church of WHER [Assented to 29th July, 1873. HEREAS by certain Ordinances of the Legislative Council of this Colony, passed respectively in the sixteenth and twentyfourth years of the reign of Her present Majesty, and intituled respectively An Ordinance to regulate the Temporal Affairs of Churches and Chapels of the United Church of England and Ireland in Western Australia' and 'An Ordinance to amend an Ordinance intituled "An and 24 Vic, No. 4 Ordinance to regulate the Temporal Affairs of Churches and Chapels of the United Church of England and Ireland in Western Australia,' certain legal provision was made for regulating the temporal affairs of the members of the said Church in this Colony; and whereas those Acts have been in part repealed but in part still remain in force, and whereas it is desirable and expedient that the temporal affairs of the members of the said Church so far as they are still regulated by such parts of the said Ordinances as still remain in force should cease to be regulated by such parts of the said Ordinances, and should henceforth be regulated and managed by mutual compact and arrangement among the members of the said Church: 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: 16 Vic., No. 22, and 24 Vic., No. 4 repealed 1. That the Ordinance of the Legislative Council 16th Victoria, No. 22 of 1858, intituled 'An Ordinance to regulate the Temporal Affairs of Churches and Chapels of the United Church of England and Ireland in Western Australia,' and also the Ordinance of the Legislative Council 24th Victoria, No. 4 of 1860, intituled 'An Ordinance to amend an Ordinance intituled "An Ordinance to regulate the Temporal Affairs of Churches and Chapels of the United Church of England and Ireland in Western Australia,' so far as the said Ordinances are not already repealed, shall be and the same are hereby respectively repealed. FRED. A. WELD, GOVERNOR. Preamble An Act to make Provision for the Sale of certain Lands heretofore vested in the Treasurer of the Pensioners' Benevolent Society. [Assented to 2nd August, 1873. WH HEREAS by an Ordinance 27 Victoria, No. 18, the whole legal and equitable estate, right and title in and to any lands, hereditaments and premises belonging to the Pensioners' Benevolent Pensioners' Benevolent Society Society was vested in the Treasurer of the said Society, and it was by the said Ordinance further provided that when and so often as the said Treasurer for the time being and any succeeding Treasurer should cease to hold such office, the said lands, tenements and hereditaments so vested in such Treasurer as aforesaid should be absolutely divested out of such Treasurer so ceasing to hold such office as aforesaid, and should by virtue of the said Ordinance be transferred to and vested in his successor in the said office immediately on his entry in the said office: And whereas the last Treasurer ceased to hold such office, and the said Ordinance was then by 35 Victoria, No. 13, repealed before any successor had been appointed to the said last Treasurer, and no successor has ever been appointed to such last Treasurer; and whereas the said last Treasurer at the time of his ceasing to hold such office as aforesaid was seised of certain lands, tenements and hereditaments under the said Ordinance, some of which the said Treasurer had contracted to sell; and whereas such of the said lands, tenements and hereditaments as the said Treasurer had not contracted to sell as aforesaid have since been sold without legal right or power to do so by the said society, and with respect to all such lands, tenements and hereditaments there is not by reason of the premises any person competent to make a legal conveyance of the same; and whereas it is expedient to give to the Governor power to appoint some person, who by virtue of this Act shall for the purpose of carrying out and completing all the aforesaid contracts of sale made and entered into by the said last Treasurer and all such contracts made by the said society since the death of the said last Treasurer as may appear to him to be just and equitable be deemed to be the successor of the said last Treasurer as if the said Ordinance 27 Victoria, No. 18, had not been repealed: 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. It shall be lawful for the Governor by writing under his hand to appoint some fit and proper person to be the successor to the last Treasurer in the office of Treasurer to the said society; and for the purpose of enabling such person to carry out and complete the contracts aforesaid all legal and equitable right, title and interest of and in all lands, tenements and hereditaments vested in the said last Treasurer by virtue of the said Ordinance shall immediately on such appointment vest in the person so appointed as if the said Ordinance had not been repealed. 2. The person so appointed shall nevertheless not be compellable to execute any conveyance or to carry out any such contract as aforesaid unless the person desiring the execution of such conveyance or the carrying out of any such contract shall pay or give satisfactory security for the payment of all the legal and other expenses incurred or to be incurred by the person so appointed in connection therewith. FRED. A. WELD, GOVERNOR. |