Divisional Boundaries in Towns abled to act therein from mental or bodily infirmity, or shall cease to be qualified as a trustee of such town, or shall become pecuniarily interested in the subject matter of any award or required award, it shall be lawful for his co-valuators or co-valuator, or for any three others of the trustees of such town, to convene a special meeting of such trustees by requisition published in two successive Gazettes,' and the trustees assembled at such meeting, being at least seven in number, shall elect another valuator or valuators in the place and stead of the valuator or valuators so dying, disabled, disqualified or interested as aforesaid. 19. And be it enacted that the award of such valuators as aforesaid may be concisely entered on the back of the title deed of either or both of the parties, if produced to them for that purpose, and that a memorial thereof shall be registered in the usual manner in the Registry Office of this Colony at the expense of the owner of such house or structure as aforesaid, and when so registered shall have the effect of a valid conveyance in fee simple by all necessary parties of such piece of land to the owner of such house or structure; and notwithstanding any incapacity or disability on the part of the owner or owners of such piece of land at the date of such award, but subject nevertheless to all settlements, incumbrances, estates or interests whatsoever to which the person or persons bond fide dealing with such land as his, her or their property previously to such award shall have professed to subject the same; and subject also to all judgments, incumbrances and claims by operation of law, affecting at the date of such award the general property of the person or persons taking such land under such award. 20. And be it enacted that any compensation not exceeding twenty pounds which shall be awarded as herein before mentioned for any land shall be paid by the valuators receiving the same to the person or persons who at the date of such award shall be beneficially entitled to the rents and profits of such land for his, her or their own use and benefit, or in case of infancy, idiocy or lunacy, or other incapacity, shall be paid to his, her or their guardian or guardians, committee or committees, trustee or trustees, to and for the use and benefit of such persons respectively; or in case the person or persons so for the time being beneficially entitled shall be absent from this Colony, then such compensation shall or may be paid to any of his, her or their agent within this Colony holding any general authority in writing to receive moneys on account of such absentee or absentees. 21. And be it enacted that when any compensation exceeding twenty pounds shall be awarded as aforesaid in respect of land under mortgage or strict settlement, or any other settlement, or belonging to a feme covert, infant, idiot, lunatic or to any person under any other disability or incapacity, or in case compensation to any amount below or above the said sum of twenty pounds shall be awarded as aforesaid in respect of land, the title of which shall be in dispute between several claimants, or of which the owner cannot be discovered, or shall refuse to receive such compensation, or shall be absent from this Colony without any known agent competent to give a receipt for such compensation, then and in any of the said cases it shall be lawful to pay the amount of such compensation into the hands of the Registrar VOL. I. F of the Civil Court Mispayment of compensation not to affect paying the same to the land Divisional Boundaries in Towns Clerk of the Civil Court, to abide the order, control and disposition of the said Court; which said Court, on the application of any person making claim to such compensation, or any part thereof, on motion or petition, is hereby empowered in a summary way of proceeding or otherwise, to order payment thereof to the person, or distribution thereof among the persons, entitled to such land, in such manner, time and proportion and upon such terms or otherwise as to the said Court shall seem just and reasonable; and the said Registrar Clerk shall give a receipt for any amount of compensation so paid to him, specifying therein by whom the same was paid, and in respect of what land, according to such particulars as shall be furnished to him by the person paying the same, and shall be entitled to demand for such receipt the sum of one shilling. 22. And be it enacted that when any compensation awarded as aforesaid shall have been paid by mistake of fact or law to a person title of the party or persons not lawfully entitled to receive the same, such mispayment shall not affect the title of the party paying the same to the land in respect of which the same shall have been paid, nor shall such land be subject to any lien for the sum so mispaid; but the persons lawfully entitled to receive such compensation, or his, her or their lawful representatives, shall or may recover the same within eighteen months from the date of such payment by action for money had and received against the person receiving such mispayment, or his or her lawful representative. Act may be amended 23. And be it enacted that this Act may be altered, amended or repealed by any Act to be passed during this present session. Preamble ANNO OCTAVO VICTORIÆ REGINE No. 10 An Act to extend the remedies of Creditors against [Assented to 22nd August, 1844. THEREAS by the ninth section of an Act of the Legislative Council passed in the second year of the reign of King William IV., intituled An Act for establishing a Court of Civil Judicature,' it is enacted that if any person shall have a claim or ground of action of whatsoever nature against any other person who may be about to leave this Colony, and the party having such claim or ground of action as aforesaid shall produce to the Commissioner of the Civil Court reasonable prima facie evidence of such his right of action and of the intention of such other party to leave the Colony, in such case it shall be lawful for the said Commissioner to issue a warrant under his hand for the apprehension of the party intending to leave the Colony, who Remedies of Creditors against Debtors shall thereupon give reasonable security, at the discretion of the said Commissioner, to abide the result of proceedings in the said Court to be founded on such right of action, or else shall be kept in custody until such proceedings shall have terminated: Provided always that the party claiming such warrant shall prosecute his claim with all reasonable diligence, otherwise it shall be lawful for the said Commissioner to discharge the party so kept in custody as aforesaid on his petition; and whereas it is expedient to empower some other person to issue such warrant as aforesaid during the occasional absence on circuit of the said Commissioner: 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 during any occasional absence on circuit of the Commissioner of the Civil Court, it shall be lawful for His Excellency the Governor, upon the written application of any party desiring such warrant as aforesaid, or such warrant as hereinafter mentioned, to appoint some fit and proper person to receive such evidence and to issue such warrant as aforesaid or as hereinafter mentioned, and to do all things incident to and collateral therewith as the said Commissioner is empowered to do by the said section of the Act aforesaid or by this Act. 2. And be it enacted that if any person has or shall, before or after the passing of this Act, become the sole acceptor of any bill of exchange, or sole maker of any promissory note, or has or shall have entered into any other valid contract, written or verbal, by which bill, note or contract such person is or shall be solely bound or liable to pay within this Colony to any other person or persons any sum of money on or before a certain day or time (the payment of such money not being secured by mortgage or pledge), and if the person for the time being entitled to the benefit of such bill, note or contract, or his or her agent, shall, by the affidavit of himself or herself or of any other person, show to the satisfaction of the Commissioner of the Civil Court that the person so liable as aforesaid is about to leave this Colony before the time of payment specified by such bill, note, or contract without having satisfied the same, and without giving or tendering reasonable security (other than such bill, note, or contract itself) for the due satisfaction thereof it shall be lawful for the said Commissioner, or for any person appointed to act during his absence as aforesaid, to order that the person so about to leave this Colony be forthwith arrested to answer an action to be forthwith commenced against him or her by, or in the name of, the person by whom or in whose behalf such order shall have been obtained, for the amount secured by or remaining due upon such bill, note, or contract, as for a debt already payable; and thereupon it shall be lawful for the person on whose behalf such order shall have been obtained, or for his or her agent, forthwith to commence such action and to sue out of the said Court, a writ or warrant in the form sanctioned by the present or any future rules and orders of the said Court for the arrest of the person so about to leave this Colony as aforesaid. 3. And be it enacted that if any person arrested under any such order as aforesaid shall pay to the Sheriff or Sheriff's Officer making such arrest (in acquiescence and satisfaction to and of the plaintiff's claim) the sum sued for, less interest thereon (after the rate allowed by Remedies of Creditors against Debtors the rules for the time being of the said Court) for the interval between the time of such actual payment and the time of payment according to contract, together with the Sheriff's lawful fees and charges for such arrest, and the sum of thirty shillings to answer plaintiff's costs; or if the person so arrested shall make such deposit or give such other security as is or shall be required by the rules and orders of the said Court to procure the discharge of a person arrested for a present ground of action, then and in any of the said cases the person arrested under any such order as aforesaid shall be forthwith discharged from the custody of the Sheriff without any order for that purpose. 4. And be it enacted that if any person arrested under any such order as aforesaid shall fail to make such payment to the Sheriff or Sheriff's Officer, or give such security as aforesaid, he or she shall remain in the custody of the Sheriff till final judgment or nonsuit; and it shall be lawful for the plaintiff in any such action as aforesaid to prosecute the same in like manner as for a debt already payable; but the plaintiff shall not be entitled to recover by such action more than the difference between the amount contracted to be paid by the defendant therein and the interest on such amount after the rate aforesaid for the interval between the date of judgment in such action and the time fixed by contract for the payment of such amount: Provided always that if the plaintiff in such action shall fail to prosecute the same with all reasonable diligence, it shall be lawful for the said Commissioner to discharge the party so kept in custody as aforesaid on petition or motion. 5. And be it enacted that the Sheriff shall dispose of any sum or sums paid into his hands under the provisions of this Act in like manner as he is directed by the rules and orders for the time being of the said Court to dispose of any sums paid to him in cases of ordinary arrests. 6. 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. Construction of WESTERN AUSTRALIA ANNO OCTAVO VICTORIÆ REGINE No. 11 An Ordinance for avoiding unnecessary repetitions in the WH Shortening the Language of Acts consent aforesaid, unless there be something in the subject or context repugnant to such construction, every word importing the masculine gender or singular number shall be construed to include the feminine and plural respectively, and vice versa, and bodies politic and corporate as well as individuals; and whenever mention is made in any such Act or Ordinance of the Governor, or of any public officer of the Colony, it shall be construed to mean the person lawfully acting as such in the Colony for the time being; and also that the word Act shall be construed to mean Ordinance, and vice versa. 2. And be it enacted, that this Ordinance shall commence and Ordinance to take effect from and after the passing thereof. commence be altered 3. And be it enacted, that this Ordinance may be altered, Ordinance may amended, or repealed by any Ordinance to be passed during the present session. An Ordinance to remove doubts as to the power of Justices of the Peace of the Colony of Western Australia to inflict Penalties under certain Acts of Parliament. WE [Assented to 5th June, 1845. Fines, &c., under certain Acts of Parliament, how to be applied HEREAS doubts have been suggested as to whether certain Acts Preamble or parts of Acts of Parliament inflicting pecuniary penalties in certain cases can be legally applied in the administration of justice in this Colony, because the pecuniary penalties or sums of money so inflicted or leviable under some of the provisions of the said Acts are directed to go and be appropriated to the overseer of the poor of some parish, or to the treasurer of some county, or otherwise in aid of the county rates, or are to be demanded by the churchwardens of some parish, or some other person or persons in particular of or in some county or place or parish, or for some charitable institution or some other local fund or purpose, and it is expedient to remove such doubts: Be it therefore enacted by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof, that in all cases where any Act of Parliament or section of any Act of Parliament otherwise applicable in the administration of justice in this Colony cannot be strictly complied with, by reason that the fine, forfeiture or penalty inflicted or leviable by the same Act or section is made applicable to some local purposes as aforesaid or is to be demanded by some particular person or persons, such fine, forfeiture or penalty shall be leviable without any such demand and shall be reserved to the use of Her Majesty, her heirs and successors, and shall |