In cases of contagious diseases or other emergency where Governor's order cannot previously be obtained prisoner's removal may be Visiting Justice, ordered by &c. Sick, &c., prisoners may be removed to hospital on Sur geon's certificate A Keeper's journal and Visiting Justices' book to be kept in every prison Notice to be given of the death of a priJustice, &c. Gaols, Prisons, and Houses of Correction prison within the said Colony, from the prison in which he is confined to any other prison within the said Colony, there to be imprisoned for and during his term or then unexpired residue of his term of imprisonment, or until such repairs or improvements be effected, or during the continuance of such disease, or until such shipment, as the case may require; and when the purpose for which any such prisoner shall have been so removed shall have been answered to remove such prisoner, if still lawfully subject to imprisonment, back to the prison from whence he came. 26. And be it enacted that whenever any contagious or infectious disease or other emergency shall render necessary the immediate removal of the prisoners or any of them confined in any gaol or prison and it shall be impossible to obtain for that purpose the previous order from the Governor, it shall be lawful for the Visiting Justice of such gaol or prison, or, in his absence, for the nearest Government Resident, or any two Justices of the Peace, and he and they are hereby respectively empowered to issue an order to the Keeper of such gaol or prison to remove such prisoners or any of them to the nearest other prison or place of confinement or to such place of security as shall be specified in such order, during the continuance of such disease or emergency: Provided that every such order, together with the causes thereof, shall be forthwith notified to the Governor, and also to the Sheriff. 27. And be it enacted that in case the surgeon or medical officer attendant on any prisoner shall certify his opinion in writing that it is necessary or expedient that any sick, diseased, or wounded prisoner therein should be removed to any hospital or infirmary, it shall be lawful for the Governor by order, to be notified in writing by the Colonial Secretary, and for the Visiting Justice of any prison distant more than fifty miles from Perth, by order by him entered in the Visiting Justices' book, to direct the removal of such prisoner accordingly for such time as in such order shall be specified, and to cause such prisoner (if still lawfully subject to imprisonment) to be reconveyed to such prison as soon as he shall be declared by the surgeon to be sufficiently convalescent. 28. And be it enacted that the Keeper of every prison shall keep a journal, in which he shall record all punishment inflicted by his authority or by that of the Visiting Justice, and the date and cause thereof, and all other occurrences of importance within the prison; and there shall also be kept in every prison a book to be called the Visiting Justices' book, in which shall be inserted every order and the date of every visit made by the Visiting Justice, and such remarks as may be thought necessary, and every such entry shall be signed by such Justice; and every Keeper of a prison shall be responsible for the safe custody of such book, whole, unmutilated and unaltered, and shall at all times when required so to do produce such book to the Sheriff and to the Visiting Justice, and to any Justice of the Peace for the town, place or district wherein such prison shall be situate. 29. And be it enacted that upon the death of a prisoner notice thereof shall be given by the Keeper forthwith to the Sheriff and soner to Visiting Visiting Justice, and to the Coroner of the district, if any, and to the nearest relative of the deceased where practicable; and that in case Gaols, Prisons, and Houses of Correction an inquest shall be held on the body of any deceased prisoner, none of No prisoner to the prisoners confined in the prison in which the deceased died shall sit on an inquest be a juror on such inquest. 30. And be it enacted that every person confined in any prison whose term of imprisonment would, according to his sentence, have expired on any Lord's Day, shall be entitled to his discharge from prison on the Saturday next preceding such Lord's Day; and every Keeper of a prison is hereby authorised and required to discharge any such prisoner accordingly. 31. And be it enacted that it shall not be lawful for any Court, by which any person shall be sentenced to death for the crime of wilful murder, to direct that the body of such person shall be buried within the precincts of any prison. Where term of imprisonment expires on a Sunday prisoner on the preceding to be discharged Saturday Sentence of con victed murderer need not direct precincts of a prison burial within Proceedings acting under this Ordinance to be in two months after fact com against persons commenced with mitted Notice of action 32. And for the protection of persons acting in the execution of this Ordinance, be it enacted that all actions and prosecutions to be commenced against any person for anything done in pursuance of this Ordinance shall be commenced within two calendar months after the fact was committed, and not otherwise; and notice in writing of such action and of the cause thereof shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and General issue give this Ordinance and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action Tender of if tender of sufficient amends shall have been made before such action amends brought; or if a sufficient sum of money shall have been paid into Payment of Court after such action brought by or on behalf of the defendant, together with the costs up to that time; and if a verdict shall pass for the defendant, or if the plaintiff become nonsuit or discontinue his action, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. money into If verdict for defendant, &c., defull costs; verdant not to carry costs without fendant to have dict for defen Judge's certifi cate Preamble Acts naturaliz- Waldeck, Ben- ANNO DUODECIMO VICTORIÆ REGINE No. 9 An Ordinance to remove doubts as to the Naturalization WHE [Assented to 9th May, 1849. THEREAS in the Fourth and Fifth years of the reign of Her Majesty Queen Victoria, three several Ordinances were passed by the Legislative Council of the Colony of Western Australia, intituled respectively An Act to Naturalize Johann August Ludwig Preiss,' 'An Act to Naturalize Frederick Waldeck,' and 'An Act to Naturalize Prederick Benjamin Franklin Simmons; and whereas in the Sixth year of the reign of Her said Majesty another Ordinance was passed by the Legislative Council aforesaid, intituled An Act to Naturalize Frantz Anthon Didrich Christian Helmich,' which said Ordinances have been mich, confirmed approved and confirmed by Her said Majesty; and whereas in the Tenth and Eleventh years of the reign of Her said Majesty an Act of the Imperial Parliament was passed, intituled 'An Act for the Naturalization of Aliens,' by which it is enacted that all Acts, Statutes and Ordinances heretofore made and enacted by the Legislatures of any of Her Majesty's Colonies and Possessions abroad for imparting to any person the privileges or any of the privileges of Naturalization to be by such person or persons exercised and enjoyed within the respective limits of such Colonies or Possessions respectively, shall within such limits have and be taken and reputed to have had from the time of the enactment thereof respectively, all such and the same force and effect as doth by law belong to any other Law, Statute or Ordinance made or enacted by any such respective Legislatures; and whereas doubts have arisen as to the validity of the said four Colonial Ordinances herein recited, inasmuch as no clause is herein contained restricting the privileges of Naturalization, thereby conferred, to the limits of the said Colony; and whereas it is expedient to remove such doubts ;-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 Johann August Ludwig Preiss, Frederick Waldeck, Benjamin Franklin Simmons, and Frantz Anthon Didrich Christian Helmich, shall be and they are hereby declared to have been from and since the respective dates of the said Ordinances respectively naturalized and enabled to purchase and hold Lands, and to enjoy all other the privileges of natural born British Subjects within the limits of the Colony of Western Australia and its Dependencies, save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law, or connected with the Treasury thereof. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to naturalize Abraham Myers, Solomon Cook, Don Rosendo Salvado, the Rev. J. J. Joostens, and Louis Langoulant. [Assented to 9th May, 1849. THEREAS Abraham Myers, Solomon Cook, Don Rosendo Salvado, the Rev. J. J. Joostens, and Louis Langoulant have applied to be admitted to the Rights and Privileges of British Subjects, and whereas it is expedient to comply with the said Application; 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: 1. That the said Abraham Myers, Solomon Cook, Don Rosendo Salvado, the Rev. J. J. Joostens, and Louis Langoulant be and they hereby are naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject within the Limits of the Colony of Western Australia save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein.. 2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor for the Time being by Proclamation or other public Notice. CHARLES FITZGERALD, An Ordinance to revive and continue an Ordinance, intituled An Act to allow the Aboriginal Natives of Western Australia to give information and evidence without the sanction of an Oath,' [Assented to 9th May, 1849. HEREAS in the fourth and fifth years of the reign of Her Preamble present Majesty Queen Victoria, an Ordinance was passed, intituled An Act to allow the aboriginal natives of Western Australia Aborigines to give information and evidence without the sanction of an oath,' which Ordinance has recently expired and whereas it is expedient to revive and continue the same: Be it therefore enacted, by His Excellency the Governor of Western Australia, with the advice of the Legislative Council thereof, that the said Act shall be, and the same is hereby revived and made perpetual. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. Preamble 6 Vic., No. 8, made applicable to other juvenile immigrants An Ordinance to extend the provisions of an Ordinance to Regulate the Apprenticeship and otherwise to provide for the Guardianship and Control of a certain class of Juvenile Immigrants to other classes than those specially mentioned therein. WH [Assented to 9th May, 1849. HEREAS it is expedient to provide for the care, superintendence and apprenticeship of such poor children as already have been or hereafter may be from time to time sent to the Colony of Western Australia either at the expense of Her Majesty's Government or of parishes or of charitable institutions or societies in the United Kingdom or other parts of the British Empire, to be established and provided for in the said Colony as should seem most for their benefit and future advantage; and whereas for such object it is expedient that His Excellency the Governor of the said Colony shall have power and authority to cause all such children as aforesaid to be put out as apprentices at fit and proper ages respectively to such masters and mistresses and to such trades as to the said Governor should seem proper; and whereas an Ordinance of the Legislative Council of the Colony was passed in the sixth year of the reign of Her present Majesty intituled An Act to Regulate the Apprenticeship and otherwise to provide for the Guardianship and Control of a certain class of Juvenile Immigrants;' and whereas the said Ordinance appears to be suitable in every respect also to the class of children first herein above mentioned: 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 all the clauses, powers and provisions of the said Ordinance shall be deemed and taken to be applicable to the class of immigrants herein first alluded to as if the |