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Destitute Persons

14. And be it enacted that all informations and proceedings in Proceedings for respect of any offences under this Ordinance shall be heard and de- penalties, &c. termined, and the forfeitures and penalties in respect of the same shall be awarded and imposed in a summary way by or before two or more Justices of the Peace (except so far as may be herein expressly provided to the contrary) according to the provisions of an Ordinance passed in the seventh year of the reign of Her present Majesty, intituled' An Act to regulate Summary Proceedings before Justices of the Peace.' 15. And be it enacted that no action at law shall lie against any Justice of the Peace, constable, or other peace officer, for or on account of any matter or thing whatsoever done or to be done or commanded by him in the execution of his duty or office under this Ordinance, unless there be direct proof of corruption or malice, and unless such action be commenced within three calendar months after the cause of action or complaint shall have arisen; and if any person shall be sued for any matter or thing which he has done in the execution of this Ordinance, he may plead the general issue, and give this Ordinance and the special matter in evidence.

Limitation of actions against Justices

16. And be it enacted that if any person shall think himself Appeal aggrieved by any judgment, order, or conviction made under this Ordinance, such person may appeal therefrom to the next Court of Quarter Sessions.

17. And be it enacted that all fines, forfeitures, and penalties, Appropriation of recovered under and by virtue of this Ordinance, shall be appropriated penalties and applied as follows, that is to say-the whole, or such portion thereof as the convicting Justices shall in their discretion direct, shall be paid to the wife, child, or other such destitute person as aforesaid, to whose non-maintenance or desertion the conviction shall have reference, and the other portion, if any, shall be paid to Her Majesty, her heirs and successors, for the public uses of the Colony and the support of the Government thereof.

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 And be it enacted that this Ordinance may be altered, amended Ordinance may or repealed by any Ordinance to be passed during the present session.

JOHN HUTT,
GOVERNOR.

be altered

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An Ordinance to make provision for the Trial of Criminal
Offences at Albany and other remote Districts of the
Colony of Western Australia.

[Assented to 18th August, 1845.

WHEREAS tais

HEREAS it is expedient to constitute Local Courts for the trial Preamble

tricts of this Colony, so as to avoid the great expense and inconvenience

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Governor to pro

claim Courts of

General Sessions

Authority of such Courts

Chairman of
Courts

Clerks and other officers

One Justice may adjourn

Justices of the Peace, &c.

either of bringing the prosecutors, witnesses and prisoners from so great a distance to Perth for trial, or sending the Chairman (who is also the Commissioner of the Civil Court), the Advocate-General and the Officers of the Court of Quarter Sessions to so great a distance from Perth to the serious interruption of public business: Be it therefore enacted by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof: That Courts of General Sessions of the Peace for the various districts of this Colony may be holden under and by virtue of the provisions of this Ordinance, at such times and in such places as the Governor shall by proclamation from time to time appoint: Provided that such Courts may be appointed to be held more or less frequently than four times a year, as convenience may require, and that each of such Courts shall have power to adjourn its sittings from time to time if necessary.

2. And be it enacted that the said Courts of General Sessions of the Peace so appointed for such districts shall be Courts of Record, and shall be held before any two or more Justices of the Peace of the said Colony, whereof the Chairman or Deputy-Chairman, as hereinafter mentioned, shall be one, and shall have power to hear and determine all felonies whatsoever not punishable with death, including forgery and perjury at common law and all other misdemeanours whatsoever committed in any part of the said Colony, and whether the same shall have been committed before or after the passing of this Ordinance, and all such appeals and other matters and things as may be assigned to General or Quarter Sessions of the Peace by any Ordinance heretofore or hereinafter to be passed: Provided that nothing herein contained shall be construed to give the said Courts jurisdiction over any offence which by the laws of England is exclusively cognizable by Courts of Admiralty.

3. And be it enacted that it shall be lawful for the Governor from time to time to nominate and appoint during pleasure any Justice of the Peace to be Chairman of any such Courts: Provided that in order to provide for the case of the illness, temporary incapacity or absence from the Colony of the Chairman of such Court, the Governor may appoint any other Justice to be Deputy-Chairman of such Court, who, during such illness, temporary incapacity or absence, and no longer, shall be deemed and taken to be the Chairman of such Court for the time being to all intents and purposes: Provided also that in case of sickness or unavoidable absence the acting Chairman shall be empowered, under his hand and seal, to appoint a Deputy-Chairman, being a Justice of the Peace, to act for him at the Court of General Quarter Sessions of the Peace for the district then next ensuing, and no longer or otherwise.

4. And be it enacted that it shall be lawful for the Governor from time to time to nominate and appoint Clerks and all Ministerial and other proper officers of the said Courts, and the same at any time to remove and appoint others, and in case of the absence of any such officer from any sitting the Chairman for the time being may appoint some fit and proper person to act in his stead at such sitting.

5. And be it enacted that if in any case the required number of Justices shall not be present at the time and place appointed for the holding of any such Court, any one Justice (whether he be the Chair

Justices of the Peace, &c.

man or not) shall be a lawfully constituted Court for the purpose of opening such Court and of adjourning the same, and respiting all recognizances until such further day as such Justice shall then and there cause to be proclaimed.

the Court

6. And be it enacted that with the exception of alterations intro- Constitution of duced by this or any subsequent Ordinance, the powers and authorities, the mode of proceeding in the trial of all crimes and misdemeanours, the forms, rules and regulations of any Court established under this Ordinance in any particular district shall be the same as in the Court of General Sessions of the Peace for the said Colony (usually held in Perth), as far as the circumstances and the situation for the time being of the district shall admit.

7. And be it enacted that no sentence of transportation beyond seas passed by such Court shall appoint the place to which the offender so sentenced shall be transported, but that such place shall be left to the appointment of the Governor.

8. Provided always and be it enacted that whensoever it shall crime or offence, from its nature or magnitude, ought appear that any to be tried by the Court of General Quarter Sessions of the Peace for the Colony it shall be lawful for any Court so appointed for any such district as aforesaid to remit such case for trial before the Court of General Quarter Sessions, and to take proper recognizances for the appearance of all parties and witnesses thereat, which recognizances shall be returned to the said Court of General Quarter Sessions aforesaid at the next sitting thereof.

Court not to appoint place of

transportation

certain cases to

Court may remit the Court of General Quarter

Sessions

9. And be it enacted that the person acting as Clerk at such Record book to Sessions shall keep a book, ruled and divided into columns, headed and be kept intituled according to the form in the Schedule hereunto annexed, which shall be called the Criminal Record Book of each district respectively.

sent to the

Governor

10. And be it enacted that an abstract of the said Criminal Record Abstract to be Book, certified by the Chairman of each Court respectively to be correct, shall be transmitted by the Chairman to the Governor, as soon as conveniently may be after each session, together with a copy of the depositions in each case in which there has been a conviction, and a short report on each of such cases.

11. And be it enacted that it shall be lawful for the said Governor, by warrant under his hand, to authorize the removal of any prisoner confined under sentence of any such District Court in any district prison, from such prison to any other prison within the said Colony, either for the purpose of undergoing any sentence of imprisonment or for the more convenient deportation from this Colony of any prisoner sentenced to transportation.

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Ordinance

12. And be it enacted that this Ordinance shall be and continue Duration of in force only for the space of three years from the date of its passing the Legislative Council.

13. And be it enacted that this Ordinance may be altered, Ordinance may amended, or repealed by any Ordinance to be passed during the present

be altered

JOHN HUTT,
GOVERNOR.

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6 & 7 Vic., c. (6, adopted

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An Ordinance to adopt certain Improvements made in the Law of England respecting Libel.

[Assented to 5th August, 1847.

HEREAS a certain Act of Parliament was passed in the sixth

WHEREAS at certain of the reign of Her present Majesty, entitled

'An Act to amend the Law respecting Defamatory Words and Libel :' And whereas it is expedient to adopt and apply the said Act to the administration of justice in this Colony: 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 the said Act and every clause, provision and enactment therein respectively contained, shall be and the same is hereby adopted and directed to be applied in the administration of justice, so far as they can be applied respectively to the circumstances of this Colony.

FREDERICK CHIDLEY IRWIN,

GOVERNOR AND COMMANDER-IN-CHIEF.

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An Ordinance to provide for the establishment of proper places for the Burial of the Dead.

[Assented to 12th August, 1847.

places

HEREAS it is expedient that proper places should be set apart Governor may for the purpose of interring the dead; Be it therefore enacted appoint burial by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that it shall be lawful for His Excellency the Governor in Executive Council from time to time to appoint by proclamation such place or places in each district as shall be deemed expedient to be reserved for the burial of the dead.

2. And be it enacted, that any person who shall assist at the burial of any dead body in any place in or within one mile of a town site in which any burial place shall have been appointed as aforesaid other than in such burial place shall forfeit and pay for every such offence any sum not exceeding fifty pounds.

3. And be it enacted, that every person who shall bear or otherwise convey any dead body, or who shall dig a grave for the purpose of burial contrary to this Ordinance, or who shall direct or procure any such burial, or shall officiate at any such burial as clergyman or minister of any persuasion or as clerk shall be deemed to assist at such burial within the meaning of this Ordinance, and to be subject to the penalties thereof.

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4. And be it enacted, that it shall be lawful for any Justice of the Peace to cause the disinterment of any body buried contrary to the provisions of this Ordinance, and its burial in such place as he may deem expedient consistently with this Ordinance.

No body to be

buried within town site unless in such burial place if appointed. Penalty

one mile of a

not exceeding

£50

Definition of person assisting

at burial

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permit burial

5. Provided nevertheless that it shall be lawful for His Excellency Governor may the Governor to give order or permission by writing under his hand elsewhere for the burial of bodies in other places within the said limits whensoever a special occasion shall arise which shall be deemed by him to justify the same.

6. And be it enacted, that all informations and proceedings for offences against this Ordinance shall be commenced within three calendar months after the offences thereby respectively charged shall have been committed, and shall be heard and determined, and the forfeitures and penalties in respect of the same shall be awarded, enforced and appropriated in a summary manner before any two Justices of the Peace, according to the provisions of an Act passed in the seventh year of the reign of Her present Majesty, entitled 'An Act to regulate summary proceedings before Justices of the Peace.'

FREDERICK CHIDLEY IRWIN,

GOVERNOR AND COMMANDER-IN-CHIEF.

Limitation of three months

proceedings

Mode of
ceeding

pro.

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