Juvenile Immigrants same had been specially referred to and mentioned therein; and that the Guardian of Government Juvenile Immigrants mentioned in the said Ordinance shall henceforth, without any change of his official designation, be deemed the official guardian of the said class of immigrants herein first alluded to; and that the form of deed of apprenticeship given in the Schedule to the said Ordinance annexed shall be used for the apprenticeship of the class herein first alluded to; substituting references to this Ordinance for the references to the said Ordinance contained in the said form as set forth in the said Schedule. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance to facilitate the recovery of Contributions in certain cases between Shareholders in Banking Companies. WH [Assented to 9th May, 1849. HEREAS it is expedient to facilitate the recovery of contribu- Preamble separate property any judgment against such company shall have been first issued and consent of the Legislative Council thereof, that whenever any Execution to be judgment, decree, rule or order shall be had or obtained in any action, against property suit or proceeding at law or in equity against any public officer of any of company banking company or partnership established in this Colony, it shall be incumbent on the plaintiff, and he is hereby required to cause execution to be issued first against the property and effects of such company or partnership, and if such execution shall be ineffectual to obtain satisfaction of the sums sought to be recovered thereby, then it shall be lawful for him to have execution in satisfaction of such judgment, decree, rule or order against any member or members of such company or partnership. any 2. And be it enacted, that when and so soon as the property of such member shall have been so seized in execution, or when any such member shall have voluntarily paid the amount due in order to avoid such seizure, it shall be lawful for such member to treat the judgment, decree, rule or order which shall have been obtained against such public officer as aforesaid as assigned to him, and forthwith to issue in the name of the party who shall have obtained the same writs of fieri facias Individual mem- him, and levy n How to proceed to enforce full payment Banks and Banking Companies against each and every member of the said banking company or partnership, who shall refuse or fail to pay on demand the amount of contribution hereinafter mentioned, and by each and every of such writs, the Sheriff shall and may levy a sum in proportion to the number of shares in the capital stock of such company or partnership held by each such member respectively, sufficient to cover the amount of such moneys, costs, and expenses; and the said Sheriff is hereby authorised and required to make such levies at the instance of any member whose property he may have so seized, or who may have voluntarily paid the amount in manner aforesaid, and to pay over to such member the proceeds of such levies. 3. And be it enacted, that if the member against whom any such execution shall have been put in force, or who shall have voluntarily paid as aforesaid, his executors or administrators shall, by reason of the bankruptcy or insolvency of any member or members, or from any other cause, but without any neglect or wilful default on his own part be prevented from recovering any proportion of the moneys, costs or expenses which he shall have so paid, it shall be lawful for him, his executors or administrators, again to divide the amount of all such moneys, costs and expenses as shall not have been recovered by him or them into as many equal parts as there shall then be shares in the capital stock or partnership (not including the shares then under forfeiture) except the shares in respect of which such default shall have happened; and every member for the time being of the company or partnership, and the executors or administrators of every deceased shareholder, except as aforesaid, shall rateably, according to the number of shares which they shall hold in the company or partnership, upon demand, pay one or more such last-mentioned parts to the shareholder against whom such execution shall have been put in force, or who shall have so voluntarily paid, as aforesaid, his executors or administrators, and in default of payment, he or they shall have the same remedy in all respects for the recovery thereof as under the provisions herein before mentioned are given in respect of the original proportion of such moneys, damages, costs and expenses; and if any proportion of the said moneys, damages, costs and expenses shall remain unpaid by reason of any such bankruptcy, insolvency or other cause as aforesaid, such shareholder, his executors or administrators, shall have in like manner from time to time and by way of accumulative remedy, the same powers according to the circumstances of the case, of again dividing and enforcing payment of the amount of such proportion until he or they shall in the end be fully reimbursed the whole of the said moneys, costs, and expenses, excepting the portions belonging to the shares held by him or them. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. An Ordinance for adopting certain Acts of the Imperial THEREAS in the sixth and seventh years of the reign of Her 6 & 7 Vic. present Majesty, certain Acts of the Imperial Parliament w passed, intituled respectively, were *An Act for removing doubts as to the punishment which may c. 10 and whereas in the seventh and eighth years of the reign of Her pre- 7 & 8 Vic. c. 62 An Act to amend the Law as to Burning Farm Buildings; and whereas in the eighth and ninth years of the reign of Her present 8 & 9 Vic. Majesty, certain other Acts of the said Imperial Parliament were passed, intituled respectively, An Act to amend the Law of Real Property; An Act to facilitate the Conveyance of Real Property; c. 106 c. 119 c. 124 and whereas in the ninth and tenth years of the reign of Her present 9 & 10 Vic. Majesty, certain other Acts of the said Parliament were passed, intituled respectively, An Act for preventing malicious Injuries to person and property c. 25 An Act to abolish Deodands; c. 62 An Act for compensating the Families of Persons killed by c.93 Accident; and whereas in the tenth and eleventh years of the reign of Her said 10 & 11 Vic. Majesty, certain other Acts of the said Parliament were passed intituled respectively, An Act for extending the provisions of the Law respecting c.66 An Act for the more speedy Trial and Punishment of Juvenile c.82 ministration of and whereas it is expedient to adopt and apply the said several recited Adopted and ap Acts in the administration of justice in Western Australia: Be it plied in the adtherefore enacted, by His Excellency the Governor of Western Australia justice and its Dependencies, with the advice and consent of the Legislative Council thereof, that the said recited Acts and every clause, provision VOL. I. H Adoption of Imperial Acts and enactment therein respectively contained, except the fifteenth section of the Act respecting malicious Injuries to persons by Fire or by explosive or destructive substances,' 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. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. *Repealed by 24 & 25 Vic., c. 95 (Imp.), which repeal is adopted in this Colony by 29 Vic., No. 5. For an act by a Justice of Peace within his jurisdiction, the action shall be on the case, and it shall be alleged to have been done maliciously, and without probable cause For an act done by him without jurisdiction, or exceeding his jurisdiction, an action may be maintained without allegation; WESTERN AUSTRALIA ANNO QUARTODECIMO VICTORIÆ REGINE No. 1 An Ordinance to protect Justices of the Peace from vexatious Actions for acts done by them in execution of their Office. [Assented to 27th November, 1850. WHEREAS it of their duty. Be it therefore enacted by His WHEREAS it is expedient to protect Justices of the Peace in the Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that every action hereafter to be brought against any Justice of the Peace for any act done by him in the execution of his duty as such Justice with respect to any matter within his jurisdiction as such Justice shall be an action on the case as for a tort; and in the declaration or plaint, it shall be expressly alleged that such act was done maliciously and without reasonable and probable cause; and if at the trial of any such action upon the general issue being pleaded the plaintiff shall fail to prove such allegation, he shall be nonsuit or a verdict shall be given for the defendant. 2. And be it enacted that for any act done by a Justice of the Peace in a matter of which by law he has not jurisdiction or in which he shall have exceeded his jurisdiction, any person injured thereby or by any act done under any conviction or order made or warrant issued by such Justice in any such matter may maintain an action against such Justice in the same form and in the same case as he might have done before the passing of this Ordinance, without making any allegation in his declaration or plaint that the act complained of was done maliciously and without reasonable and probable cause: Provided nevertheless, that no such action shall be brought for anything done under such convicorder, until after tion or order until after such conviction shall have been quashed, either upon appeal or upon application to the Civil Court of the Colony; nor shall any such action be brought for anything done under any such warrant which shall have been issued by such Justice to procure the but not for an aot done under a conviction of such conviction or order shall have been quashed; Justices of the Peace, &c. appearance of such party, and which shall have been followed by a conviction or order in the same matter until after such conviction or order shall have been quashed as aforesaid, or if such last-mentioned warrant shall not have been followed by any such conviction or order, or if it be a warrant upon an information for an alleged indictable offence, nevertheless, if a summons were issued previously to such warrant, and such summons were served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of such summons in such case no such action shall be maintained against such Justice for anything done under such warrant. 3. And be it enacted that where a conviction or order shall be made by one or more Justice or Justices of the Peace, and a warrant of distress or of commitment shall be granted thereon by some other Justice of the Peace, bona fide and without collusion, no action shall be brought against the Justice who so granted such warrant by reason of any defect in such conviction or order or for any want of jurisdiction in the Justice or Justices who made the same, but the action (if any) shall be brought against the Justice or Justices who made such conviction or order. 4. And be it enacted that in all cases where a discretionary power shall be given to a Justice of the Peace by any Act or Acts of Parliament, Colonial Ordinance or Ordinances, no action shall be brought against such Justice for or by reason of the manner in which he shall have exercised his discretion in the execution of any such power. 5. And whereas it would conduce to the advancement of justice and render more effective and certain the performance of the duties of Justices, and give them protection in the performance of the same, if some simple means not attended with much expense were devised by which the legality of any act to be done by such Justices might be considered and adjudged by a Court of competent jurisdiction, and such Justice enabled and directed to perform it without risk of any action or other proceeding being brought or had against him: Be it therefore enacted that in all cases where a Justice or Justices of the Peace shall refuse to do any act relating to the duties of his or their office as such Justice or Justices, it shall be lawful for the party requiring such act to be done to apply to the Civil Court of this Colony upon an affidavit of the facts for a rule calling upon such Justice or Justices and also the party to be affected by such act to show cause why such act should not be done, and if after due service of such rule good cause should not be shown against it, the said Court may make the same absolute, with or without or upon payment of costs as to them shall seem meet, and the said Justice or Justices upon being served with such rule absolute shall obey the same, and shall do the act required, and no action or proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices for having obeyed such rule and done such act so thereby required as aforesaid. 6. And be it enacted that in all cases where a warrant of distress or warrant of commitment shall be granted by a Justice of the Peace upon any conviction or order which, either before or after the granting of such warrant, shall have been or shall be confirmed upon appeal, no H 2 |