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Religious Bodies (Church Property)

WESTERN AUSTRALIA

ANNO SEPTIMO

VICTORIÆ REGINE

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No. 16

An Act to repeal so much of an Act passed in the fourth year of the reign of Her present Majesty Queen Victoria, intituled An Act to promote the Building of Churches and Chapels, and to contribute towards the Maintenance of Ministers of Religion in Western Australia,' as authorises the issue of money from the Colonial Treasury for such purposes.

WHE

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[Assented to 13th June, 1844.

THEREAS by an Act of the Legislative Council of this Colony Preamble passed in the fourth year of the reign of Her present Majesty Queen Victoria, intituled An Act to promote the Building of Churches and Chapels and to contribute towards the Maintenance of Ministers of Religion in Western Australia,' it is enacted amongst other things that the Governor of this Colony, with the advice and consent of the Executive Council thereof, may issue sums of money from the Colonial Treasury in aid of the erection of churches and chapels and ministers' dwellings, and also may issue from the Colonial Treasury stipends towards the support of Ministers of Religion duly appointed to officiate in such churches or chapels; and whereas considerable sums have been already devoted to such objects, and it is expedient to avoid incurring any increase of such expenditure for the present on account of the limited amount of the Colonial Revenue : Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that so much of the said hereinbefore recited Act as authorises the Governor as aforesaid to issue sums from the Colonial Treasury, either for the erection of churches and chapels and ministers' dwellings, or for stipends towards the maintenance of ministers, shall be and the same is hereby repealed, except so far as the continuance of the same or any part of the same may still be necessary to authorise the payment of any sum or sums which may have been heretofore promised for the erection of any church, and also to authorise the continuance of the payment of such stipends as may have been heretofore given towards the support of any Ministers of Religion.

so much of the
authorises the
4 Vic., No. 6, as
issue of money

for the purposes
therein men-

tioned is repealed its continuance may be necessary of sums hereto

except so far as

for the payment

fore promised

2. And be it enacted that this Act may be amended or repealed Act may be by any Act to be passed during the present session.

amended

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Preamble

Any person convicted of having

Aborigines

WESTERN AUSTRALIA

ANNO OCTAVO

VICTORIÆ REGINE

No. 6

An Act to prevent the enticing away the Girls of the Aboriginal Race from School, or from any Service in which they are employed.

WE

[Assented to 1st August, 1844.

HEREAS laudable efforts have been made to introduce Christianity and civilisation amongst the aboriginal race of this Colony by instructing their youths of both sexes in schools, and admitting them as domestic servants into families of the colonists, and whereas it is expedient to provide a remedy against mischievous and evil-disposed persons enticing away the girls of that race either from the schools in which they are kept or from the houses in which they are employed: 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, that from and after the passing of this Act, any person who shall be convicted before enticed any girl any two or more Justices of the Peace of this colony of having enticed or persuaded any girl of the aboriginal race to leave any school without the previous consent of a Protector of aborigines, or of the master or mistress of such school or the service in which she has been engaged, without the previous consent of her master or mistress, shall forfeit and pay any sum not exceeding Two Pounds for the first offence, and Five Pounds for the second or any subsequent offence, to be recovered according to the provisions of an Act of the Legislative Council of this Colony, passed in the seventh year of the reign of Her present Majesty Queen Victoria, intituled An Act to regulate summary proceedings before Justices of the Peace.'

of the aboriginal race from school or from service to forfeit a sum

not exceeding £2

for the first offence, and £5

for the second or

any subsequent offence

Limitation of prosecutions

Appeal

Act may be amended

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2. And be it enacted, that all informations and proceedings in respect of offences against this Act shall be commenced within three calendar months after the offences thereby respectively charged shall have been committed.

3. And be it enacted, that any person who shall think himself aggrieved by any judgment or conviction under this Act may appeal to the next Court of Quarter Sessions.

4. And be it enacted, that this Act may be altered, amended, or repealed by any Act to be passed during this present session.

JOHN HUTT,

GOVERNOR.

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An Act to provide for the Alignment of Streets in the
several Towns in the Colony of Western Australia.
[Assented to 22nd August, 1844.

WHEREAS thth year of the reign of Her present Majesty Queen

WHEREAS by the first section of an Act of Council passed in the Preamble

to direct the Surveyor-General to cause a survey to be made of every

Victoria, intituled An Act to provide for the improvement of Towns in the Colony of Western Australia,' the right of property in all streets, paths, canals, towing-paths, ferries, bridges and other thoroughfares within the limits of any town site is vested in the respective trustees of each such town; and whereas in several instances a difficulty has been experienced in recognizing the exact lines of the streets, because many of the surveyors' marks by which such lines were originally defined have been either removed, destroyed or obliterated in the course of time; and whereas it is highly expedient to ascertain the precise limits. of the streets so vested in each Town Trust respectively and to define the same by conspicuous and permanent marks, so as to enable the said Trustees to preserve the regularity of the streets and to prevent any encroachment thereon: Be it therefore enacted by His Excellency The Governor is the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that immediately after the passing of this Act it shall be lawful for the Governor to direct the SurveyorGeneral at his earliest convenience to cause a survey to be made of every town laid out by the Government of this Colony as nearly as possible in accordance with the survey originally made of such town, except in any case where a deviation therefrom may have been previously directed and sanctioned by any Governor of this Colony, or may during the progress of such survey be found necessary for the rectification of any street so as not to interfere with any substantial brick or stone building already erected, and which deviation may be sanctioned by the Governor in Executive Council, in which case the survey is to be made in accordance with such sanctioned alteration, which the Governor is hereby authorised to make: Provided nevertheless that no such alteration shall be so made as to lessen the quantity of land contained in any allotment granted in fee-simple by the Crown without compensation being given for the portion so taken away.

2. And be it enacted that the Surveyor-General shall cause to be placed at each corner of each block of allotments at the intersection of the streets, or at any other part or parts of the streets or thoroughfares where it may be considered necessary, one of the posts or boundary marks hereinafter more particularly mentioned and described in such manner that the two exterior faces of each post shall coincide with the lines of the adjacent streets.

town in accordance with the survey originally made, except

where any alteration may be

the Governor, in

cordance with

sanctioned by
which case it is
to be made in ac-
such sanctioned
alteration, which
hereby em-
powered to make
Provided the
in the allotments
be not lessened

the Governor is

quantity of land

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Surveyor-General

to place at the corner of each

block of allotposts, having their exterior with the adjacent

ments boundary

faces coinciding

streets

Surveyor-General may enter upon allotments and erect posts and form necessary marks, and remove any obstructions which may be in the

Alignment of Streets in Towns

3. And be it enacted that it shall be lawful for the SurveyorGeneral or any person or persons employed by him from time to time, to enter upon any allotment for the purposes of this Act, and to erect such post or posts or construct such other mark or marks, as may be deemed necessary, and for that purpose to dig holes or to remove such parts of fences, walls or other erections as may be in the way, and any son hindering or person who shall wilfully obstruct or hinder him or them in the execution of such duty shall forfeit and pay a sum not exceeding ten pounds.

way. Any per

molesting him,

to forfeit a sum
not exceeding
£10

Posts to be made

of sawn timber or some other

durable material

where procur

able, and to have the initial letters

of the Town Trust formed upon them

Provided that if

a house, wall or

other substantial

erection stand at the corner, it

shall be sufficient

to mark the

letters upon such

erection

Posts to be the property of the

Town Trust, and to define the line

of streets

Surveyor-General
to report the

streets so
marked, and to
lay duplicate
plans of them
before the
Governor-in-
Council, which
plans are to be
signed by the
Governor, one to
be kept in the
Survey Office,

4. And be it enacted that such posts or boundary marks shall be made either of sawn timber not less than six inches square or any more durable material where such can be procured, and shall have the initial letters of the Town Trust marked or formed in some permanent manner upon each of the exterior faces of the said posts or boundary marks, in characters not less than two inches long, and at the height of three feet above the ground.

5. Provided always and be it enacted that if it shall so happen that any house, wall or other substantial erection shall be found to be correctly placed at the corner of any block of allotments so that it is impracticable to erect in that position one of such posts as aforesaid, then in that case it shall be sufficient to mark or otherwise affix the said letters in such permanent manner as may be deemed advisable in their proper places in the manner aforesaid upon such house, wall or other substantial erection.

6. And be it enacted that the said boundary posts and marks so placed as aforesaid, shall be deemed and taken to be the property of the Town Trust, and shall indicate and define the position, direction and breadth of the several streets and lines of communication vested in the Trustees of each town respectively.

7. And be it enacted that whensoever and so soon as the several streets and lines of communication within any town-site shall have been ascertained and marked as aforesaid, the Surveyor-General shall report the same and lay before the Governor in Executive Council a map or plan of such town in duplicate, having the streets and lines of communication delineated accordingly thereon, both of which plans shall be signed by the Governor in Executive Council, and one shall be retained in the Survey Office or some other convenient place and the other shall be delivered to the Chairman or Acting-Chairman of the Town Trust, the Chairman of either of which plans so signed by the Governor or any copy thereof duly certified by the Surveyor-General, shall and may be given in evidence of such streets or lines of communication in any cause or suit evidence in any regarding the same.

and one given to

the Trust

These plans are to be given in

suit or cause regarding the

street s Chairman of the

Trust is to regu

late the line of streets, and to

remove any pro jection or obstruction

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8. And be it enacted that immediately after such plan shall have been delivered to the Chairman or Acting-Chairman of the Town Trust aforesaid, it shall be lawful for such Chairman or Acting-Chairman, and he is hereby authorised and required, to proceed forthwith to adjust and regulate the lines of streets between the posts or marks as aforesaid according to such plan, and for that purpose to remove any material or erection whatsoever which may project into the lines of streets so defined as aforesaid, and to place the same upon the immediately adjacent land, and any person who shall wilfully obstruct or hinder him or any one employed by him in the execution of such duty, shall forfeit and pay a sum not exceeding ten pounds.

Alignment of Streets in Towns

9. And be it enacted that it shall not be lawful to mortice into or nail or fasten in any other way to the said boundary posts or marks so placed as aforesaid, any rail, post, paling or other material whatsoever, and any person convicted before any two Justices of the Peace of this Colony of having done so, or of having wilfully injured, defaced or disturbed any such boundary post or mark as aforesaid, shall forfeit a sum not exceeding twenty pounds.

10. And be it enacted that any person who shall be convicted before the Court of Quarter Sessions of this Colony of wilfully removing or destroying any such boundary posts so placed as aforesaid shall be liable at the discretion of the Court to be imprisoned and kept to hard labour for any term not exceeding three years.

11. And be it enacted that the Chairman or Acting-Chairman of the Town Trust shall in the month of December in each year examine and inspect the said posts and marks, and make a written report of their state and condition to the Governor, and if it shall appear from the said report, or if at any time it shall be discovered in any other manner that any of the said posts or marks require to be renewed, repaired or adjusted, it shall be lawful for the Governor to direct the same to be renewed, repaired or adjusted, in the same way as they were originally made, but at the cost and expense of the said Town Trust.

12. And be it enacted that when and so often as any fresh blocks of allotments are required to be laid out, by which any new lines of communication shall be formed, the Surveyor-General shall lay before the Governor in Executive Council duplicate maps or plans of the same, both of which plans shall be signed by the Governor in Council, and one shall be retained in the Survey Office, or some other convenient place, and the other shall be delivered to the Chairman or ActingChairman of the Town Trust, either of which plans, so signed by the Governor, or any copy thereof duly certified by the Surveyor-General, shall and may be given in evidence of such streets in any cause or suit regarding the same, and such additional lines of communication and blocks of allotments may be added to or delineated upon the original maps or plans, and the additional part authenticated in the same manner as the original maps or plans by the signature of the Governor in Council, and such part so authenticated may also be given in evidence as aforesaid.

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actions

amends

13. And be it enacted that no action, suit, or proceedings shall be Limitation of commenced or prosecuted against any person or persons for anything done in pursuance of this Act' until thirty days' notice thereof shall be given to such person or persons, nor after sufficient satisfaction or tender of amends hath been made to the party or parties aggrieved, Tender of nor after the expiration of six calendar months next after the fact committed; and the defendant or defendants in every such action, suit, Notice or prosecution, shall and may, at his or their election, plead specially, or the general issue, and give this Act and the special matter in General issue evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear that the matter on which the cause of action arose was done in pursuance and by authority of this Act, or that such action or suit shall have been brought before thirty days' notice thereof was given as aforesaid, or after a sufficient satisfaction made or tendered as aforesaid, Costs

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