After notice, a message received to have been sent may be proved by production of message, with evidence of due telegraph station receipt from After notice, the sending a message may be proved by pro duction of a mes sage or a copy, of payment of fees for trans mission Evidence served and the service thereof proved in the same manner as notices to admit and produce may now be served and proved respectively. 2. In any case in which such notice shall have been given the production of any telegraphic message described in such notice, and purporting to have been sent by any person, together with evidence that the same was duly received from a telegraph station, shall be prima facie evidence that such message was signed and sent by the person so purporting to be the sender thereof to the person to whom the same shall be addressed, without any further proof of the identity of the sender; but the party against whom such message shall be given in evidence shall be at liberty, nevertheless, to prove that the same was not in fact sent by the person by whom it purports to have been sent. 3. In any cause depending in a Court of civil jurisdiction the production of any telegraphic message, or a copy thereof verified on oath, together with evidence that such message was duly taken to a telegraph station, and that the fees (if any) for the transmission thereof were duly And by evidence paid, shall be prima facie evidence that such message was duly delivered to the person named therein as the person to whom the same was to be transmitted; and the burden of proving that such message was not in fact received shall be upon the person against whom such message shall be given in evidence: Provided that notice shall be first given by the party adducing the same in evidence to the other party of his intention to do so, and such notice may be given in such manner and at such times as by the practice of the Court in which the proceeding is taken notices to produce or admit are required to be given. Proviso Certain documents may be transmitted by electric telegraph, under restriction 4. It shall be lawful for the Governor, any member of the Executive Council, the Speaker of the Legislative Council, the Chief Justice or any other Judge of the Supreme Court, any Resident or Police Magistrate, the Magistrate or any two or more Justices of the Peace exercising the power of the Court under the 'Small Debts Ordinance, 1863,' any officer of Government or other person whom the Governor may authorise in that behalf by warrant under his hand or any attorney or solicitor, to cause to be transmitted by electric telegraph the contents of any writ, warrant, rule, authority, order or other communication Also the contents requiring signature or seal,* subject to the provisions following, that is to say: of any affidavit or statutory declaration: 41 Vic., No. 12, s. 1 See 57 Vic., No. 34, 8. 5 (1) The original document shall be delivered at the telegraph (2) The person to whom the contents of any such document Evidence thereof has been sent under the provisions of this Act to 5. [Repealed by 41 Vic., No. 12, s. 4, and re-enacted by id., s. 3.] 6. Every original document, a copy whereof shall have been transmitted under the fourth section of this Act, shall be kept at the telegraph station at which it was delivered for the purposes of such transmission, and shall, after the expiration of two days from the date of the certificate under subsection 3 of that section being endorsed upon it, be open within reasonable hours to the inspection of any person, upon payment of a fee of one shilling. 7 and 8. [Repealed by 57 Vic., No. 5.] 9. Any Justice of the Peace or Notary Public who shall wilfully and falsely endorse upon any original document delivered at a telegraph station, for the purpose of being transmitted under the provisions of this Act, a certificate that a true copy thereof has been sent under this Act, or who shall by telegraph wilfully and falsely inform any person to whom such document shall have been so sent that a certificate under the provisions of this Act has been endorsed thereon, shall forfeit and pay a sum not exceeding one hundred pounds, to be recoverable summarily before any Justice of the Peace in Petty Sessions. 10. Any person by this Act required to sign a certificate upon any copy of a document that such copy has been duly received under the provisions of this Act who shall wilfully sign such certificate knowing the same to be false, shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the Court, to pay , a fine not exceeding one hundred pounds, or to be imprisoned for any term not exceeding two years, with or without hard labour. 11. The following words within inverted commas shall, for the Interpretation purposes of this Act, bear the meanings set against them respectively, Clause unless where the context implies otherwise : 'Electric Telegraph '—Any telegraphic line the property and under the control of the Government, and worked by electricity within the said colony. 'Telegraphic Message '-Any message or other communication Telegraph Station'-Any station appointed by Government for the 'Person-Any corporation or corporate body or any individual. Evidence Shortening Short title 12. Sections A, B, F, and G of The Shortening Ordinance, 1853,' shall be incorporated with and taken to form part of this Act to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act. 13. The short title of this Act is the Telegraphic Messages Act, 1874.' FRED. A. WELD, GOVERNOR. Preamble Short title Governor may of orphanage, &c. WESTERN AUSTRALIA ANNO TRIGESIMO OCTAVO VICTORIÆ REGINE No. 11 An Act to promote the efficiency of certain Charitable W HEREAS certain schools, orphanages and other institutions have been founded, and it is to be hoped will hereafter be founded, for the purpose of providing for and educating orphan and necessitous children, or children or descendants of the aboriginal race, and it is expedient to further the objects of the same by giving greater powers over the children therein to the directors and managers thereof Be it enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof : 1. This Act may be cited as The Industrial Schools Act, 1874.' 2. It shall be lawful for the Governor, with the advice of the certify approval Executive Council, on petition made to him in that behalf by the manager or director of any school, orphanage, or other institution formed for the purpose of providing for and educating orphan and necessitous children, or children or descendants of the aboriginal race, and on being satisfied that such petitioner actually is such director or manager, and that such school, orphanage, or other institution is in actually and bona fide working for the purpose of providing for and educating such children as aforesaid, to give a certificate of approval to such school, orphanage, or other institution, and to the petitioner as its manager or director, and with the advice aforesaid to withdraw such certificate. Fresh certificates to be given 3. As often as any change shall be made in the direction or management of any orphanage, school, or other institution certified as aforesaid under this Act, the Governor in Executive Council, on being satisfied that such change has been made, and on petition made to him in that behalf by the new manager or director, shall, if he see fit, give a certificate of approval as aforesaid to the new manager or Industrial Schools director and withdraw the certificate from those, if any, who have Certificates may ceased to be managers or directors. be withdrawn ¡Government 4. The fact of the granting of such certificate, or of the withdrawal Certificate to be of the same, shall be published in the 'Government Gazette,' and the published in production of a copy of the Gazette' notifying that any such certificate Gazette has been granted or withdrawn shall be prima facie evidence of the fact of such grant or withdrawal. Infant sur- parent or guar of orphanage, of manager 5. Every infant voluntarily surrendered by its parent or guardian by any instrument in writing signed by such parent or guardian to the care of the certified manager or director as such of any school, orphanage, or other institution certified as aforesaid, or (in case of a child or person of the aboriginal race, or a descendant of the aboriginal race, and apparently under the age of twenty-one years) every child or person voluntarily surrendering himself or herself, or being surrendered by any parent or apparent guardian or friend, or any infant of any race being apparently an orphan and without a guardian; taken into any such institution, shall, until the attainment of the age of twentyone, or if the infant, child, or person as aforesaid was received for a term expiring at an earlier age then until the expiration of the latter term, be and continue to be in the custody of the certified manager or director for the time being of such school, orphanage, or other institution, who, as such, shall have all the powers and privileges of a father over and in respect of such infant to the exclusion of its natural guardian, and shall be and be deemed to be the lawful guardian of such infant to all intents and purposes: Provided that if any female Proviso as to infant shall marry before attaining the age of twenty-one years, the female infants powers of such manager or director over such infant shall cease. And the mother of any infant may, with the sanction of a Justice of the Peace in writing under his hand, lawfully surrender it to the care of the certified manager or director as such of any school, orphanage or other institution certified as aforesaid for the purposes of this section, when the father is, from habits of drunkenness, conviction for felony or long-continued absence, unable or unwilling to maintain such child, and the mother has in fact the sole charge or care of it. marrying When a mother of such an infant may surrender such infant apprentice infant apprenticeship 6. It shall be lawful for any certified manager or director of any Manager may certified school, orphanage or other institution as aforesaid to apprentice all infants surrendered to him or taken into any such institution as aforesaid, and any juvenile offender as in this Act mentioned, in such manner and at such times as shall seem to him expedient, either to some trade or as agricultural or domestic servants or to the sea service. Every indenture or deed-poll of apprenticeship made by the Instrument of certified manager or director as such of any such certified school, orphanage or other institution as aforesaid, in which instrument the party apprenticed or intended so to be shall be described as an infant under the care and protection of the certified manager or director of such school, orphanage or other institution as aforesaid shall be taken to be a valid apprenticeship of the party so described for the term mentioned therein, and the party's age and the fact of his or her having been surrendered to the care and protection of such certified manager or director of such certified school, orphanage or other institution as aforesaid shall be taken to be true respectively until the contrary is proved. And every such deed-poll or indenture made as Remedies for enforcing Proviso Proviso Certified manager may exonerate himself from guardianship Cases when certified manager, &c., shall be deemed to be lawful guardian Youthful offender to be sent to institu tion Religious per Industrial Schools aforesaid shall be capable of being enforced by or against any certified manager or director for the time being of such certified school, orphanage or other institution as if he had been a party thereto : Provided that no infant under the age of twelve years shall be apprenticed, nor shall any female infant be apprenticed for a term to extend beyond the day of her marriage: Provided also that the consent in writing of the parent or guardian of every juvenile offender not being of the aboriginal race shall, if possible, be obtained to such apprenticeship; and if it be not possible to obtain such consent, owing to the absence or non-existence of a parent or guardian, the consent of the Governor, signified in writing by the Colonial Secretary, shall be obtained. 7. It shall he lawful for any certified manager or director of any certified school, orphanage or other institution at any time after any infant has been surrendered to him as aforesaid to exonerate himself from any chargeability, liability or duty in respect of and from any power over such child, by giving notice of his intention to do so to the parent or other person compellable by law to maintain and provide for such child; and thereupon all rights over and liabilities in respect of such infant shall revive: Provided, however, that when any infant has been apprenticed in pursuance of this Act such apprenticeship shall not be in any way affected by anything done in pursuance of this section. 8. In any case in which any infant shall have for three consecutive months after the passing of this Act been under the actual care of the certified manager or director as such of any school or orphanage or other institution certified as aforesaid, the certified manager or director for the time being of such school, orphanage or other institution shall be deemed to be the lawful guardian of such infant as against every person to the same extent, and with the same powers in every respect, as if such infant had been voluntarily surrendered in writing to such manager or director under the fifth section. And whereas it is highly expedient that such institutions be used as far as possible as reformatories for juvenile offenders: Be it further enacted as follows: 9. Whenever any offender (being a male under the age of fourteen years or being a female under the age of sixteen years) is convicted on information or indictment or in a summary manner of an offence punishable with penal servitude or with imprisonment, and is sentenced to be imprisoned or kept in penal servitude for a longer term than three days, the Governor in Executive Council may by writing under his hand order and direct such offender to be sent to any such institution as aforesaid as shall be willing to receive such offender, and to be there detained for a period of not less than two years and not more than five years, and such period shall not in case of a male extend beyond his attaining the age of fourteen years, nor in case of a female extend beyond her attaining the age of sixteen years. 10. The particular institution to which such youthful offender is to suasion of youth be sent shall be as far as possible one conducted in accordance with the religious persuasion to which such offender appears to belong. ful offender |