desertions have occurred; and if any master or employer fails to make any such report as aforesaid, he shall be liable to a penalty not exceeding Ten Pounds nor less than Five Pounds. Compare 14. 16. All offences against the provisions of this Act may be heard and Jurisdiction of determined by any Police Magistrate or two Justices of the Colony of Justices. Queensland, in accordance with the Laws of that Colony regulating 15 Vic. No 2,* summary proceedings before Justices, and any such Police Magistrate (Queensland), or Justices shall for that purpose have power to hear and determine the matter at any place within the said Colony where the offender may be, or where any ship or boat with respect to which or in connection with which the offence was committed is found, or at any place in the said Colony appointed for holding Courts of Petty Sessions, and to make such orders for the safe keeping, detention, seizure, forfeiture, or sale of any such ship or boat, and all things found therein, as such Police Magistrate or Justices may think fit. 45 Vic. No. 2.* 17. If any person thinks himself aggrieved by any determination or Appeal. adjudication of any Police Magistrate or Justices with respect to any (Queensland), penalty or forfeiture under the provisions of this Act, he may appeal to s. 15. the Supreme Court of Queensland or to a District Court of the said Colony in accordance with the Laws of that Colony regulating appeals from Justices. 18. In any proceeding under this Act, the averment in the informa- onus of proof. tion that any person named therein is a Polynesian or a native labourer 48 Vic. No. 20,† shall be sufficient proof of the fact until the contrary is shown. (Queensland), 8. 11. 19. This Act applies only to British ships, and boats attached to Limitation British ships. of Act. THE SCHEDULE. [See section 2.] All waters included within a line drawn from Sandy Cape northward to the Letters Patent, south-eastern limit of the Great Barrier Reefs, thence following the line of the Great 10th October, Barrier Reefs to their north-eastern extremity near the latitude of nine and a half 1878. degrees south, thence in a north-westerly direction, embracing East Anchor and 43 Vic. No. 1,1 (Queensland). Bramble Cays, thence from Bramble Cays in a line west by south (south seventy-nine degrees west) true, embracing Warrior Reef, Saibai and Tuan Islands, thence diverging in a north-westerly direction so as to embrace the group known as the Talbot Islands, thence to and embracing the Deliverance Islands, and onwards in a west by south direction (true) to the meridian of one hundred and thirty-eight degrees of east longitude, and thence by that meridian southerly to the shore of Queensland. THE WESTERN AUSTRALIAN PEARL SHELL AND 52 Vic. No. 1. THE WESTERN AND An Act to Regulate the Pearl Shell and Beche-de-mer Fisheries in BECHE-DE-MER Australasian Waters adjacent to the Colony of Western Australia. W [RESERVED 4TH FEBRUARY, 1889; FISHERIES (EXTRATERRITORIAL) ACT OF 1889. QUEEN'S ASSENT PROCLAIMED 18TH JANUARY, 1890.] HEREAS by certain Acts of the Legislative Council of Western Australia Preamble. provision has been made for regulating the Pearl Shell Fishery in the territorial waters of that Colony: And whereas vessels employed in such Fishery are, in the prosecution of their business, sometimes within and sometimes beyond the territorial jurisdiction of Western Australia: And whereas it is expedient that the provisions of the said Acts should extend and apply to such vessels during all the time during which they are so employed, and that for that purpose the provisions of the said Acts, so far as they are applicable to extra-territorial waters, Supra, title Constitution. Supra, title Fisheries. + Supra, title Aboriginals. Short title and should be extended to such waters by an Act of the Federal Council of Australasia: And whereas it is desirable that the provisions of the said Acts should apply to persons and vessels engaged in the Beche-de-mer Fishery in like manner as to the Pearl Shell Fishery: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Federal Council of Australasia, assembled at Hobart, in the Colony of Tasmania, and by the authority of the same, as follows:— 1. This Act may be cited as "The Western Australian Pearl Shell and Bechecommencement. de-mer Fisheries (Extra-Territorial) Act of 1889," and shall take effect on and from the date of Her Majesty's assent thereto being proclaimed in Western Australia. 2. This Act applies only to British ships, and boats attached to British ships. 3. In this Act the following terms shall, unless the context otherwise indicates, have the meanings set against them respectively; that is to say Limitation of Interpretation. Ship." Boat." "Master." "Transire." Licensing Officer." "Laborer." The Fishery." "Pearl Shell Fishery Acts." What ships or boats shall be deemed to be employed in the Fishery. 66 Australian Waters adjacent to Western Australia "-All Australasian waters within the limits described in the Schedule to this Act, exclusive of waters within the territorial jurisdiction of the Colony of Western Australia: "Ship"-Any and every sort of vessel or craft of any sort or size, and whether propelled by oars only or not, and whether having a fixed mast or not, other than boats as defined by this Act: "Boat"-Any vessel not exceeding two tons in burthen which is usually hoisted to a ship's davits, or carried on board of a ship, or attached to a ship: "Master "-Any person other than a pilot who is for the time being in command or in charge of any ship or boat, or who is in charge of any fishery as hereinafter defined: Transire"-A warrant from the Customs to let goods pass: Licensing Officer "-Any person appointed by the Governor of Western "Laborer "Any person coming within the definition of a laborer within 66 "Pearl Shell and Beche-de-mer Fishery or "the Fishery "-The business of diving for, collecting, preparing, storing, or carrying to or from any place within the Colony of Western Australia or its dependencies, pearl oysters or pearl oyster shells, or the sea-slug commonly called beche-demer, or any other fish or shell of the like kind which the Governor of Western Australia in Council may hereafter, by Proclamation in the Government Gazette of Western Australia, declare to be within the provisions of this Act: "The Pearl Shell Fishery Acts" shall mean and include the following Acts passed by the Legislative Council of the Colony of Western Australia, namely: "The Pearl Shell Fishery Regulation Act, 1873." The Pearl Shell Fishery Regulation Act, 1875." "The Pearl Shell Fishery Act, 1886." "The Aborigines Protection Act, 1886," Sections Twenty-nine and Thirty. "The Pearl Shell Fishery Regulation Acts Amendment Act, 1887," and also any Acts amending any of the same. Whenever in this Act the expression "The Pearl Shell Fishery Acts" is used, it shall be deemed to be used in respect of any provision or provisions in any one or more of the Pearl Shell Fishery Acts contained, applicable to the matter in respect of which it is used: And all the provisions of the said Acts shall within Australasian waters adjacent to Western Australia also extend and apply, so far as is possible, to the Fishery for the sea-slug, commonly called Beche-de-mer, or any other fish or shell which the Governor of Western Australia may hereafter, by Proclamation published in the Government Gazette of Western Australia, declare to be within the provisions of this Act. 4. Every ship and boat shall be deemed to be engaged in the Fishery, if she is used as a depôt or place of lodging or refuge for persons employed in the Fishery, or for storing provisions for the use of persons employed in the Fishery, or if she is used by any person to dive from, collect, or store pearl oysters, pearl oyster-shells, or beche-de-mer, or any other fish or shell which may be specified in any such Proclamation as aforesaid, or for carrying or conveying, otherwise than as a sea-going vessel under a transire, pearl oysters, pearl oyster-shells, or bechede-mer, or any other fish or shell so specified, to or from any place within the Colony of Western Australia and its dependencies. 5. From and after the commencement of this Act it shall not be lawful to Ships or boats use or employ any ship or boat within Australasian waters adjacent to Western employed in the Australia in the Fishery, unless such ship or boat is duly licensed as required Fishery to be by the Pearl Shell Fishery Acts. The owner, master, or other person in charge licensed. of any ship or boat who within Australasian waters adjacent to Western Australia does or omits to do any act which, if it were done or omitted to be done within territorial waters, would be an offence against the provisions of the said Acts, as hereinbefore extended, shall be liable to the like penalties as are imposed by the said Acts in respect of the same act or omission when done or made within territorial waters, and such ship or boat may be dealt with in the same manner as if such offence had been committed within territorial waters. Provided always, that any ship or boat licensed under the provisions of the Act of the Legislative Council of the said Colony, passed in the fiftieth year of Her Majesty's reign, and styled "The Sharks Bay Pearl Shell Fishery Act, 1886," or any Act amending the same, shall, while employed within the limits defined by the said Act, be deemed to be duly licensed for the purposes of this Act. 6. It shall be lawful for any Police Magistrate or Officer of Customs or Police Unlicensed ship of the said Colony to seize and take any ship or boat which is found employed or boat may be in the Fishery in Australasian waters adjacent to Western Australia without seized. being licensed as required by this Act, and to take any ship or boat so seized, or any ship or boat seized and taken under the provisions of the Pearl Shell Fishery Acts, to any port of Western Australia, and to detain the same until a prosecution for breach of this Act or of the Pearl Shell Fishery Acts is heard and determined. 7. Every licensed ship engaged in the Fishery in Australasian waters adjacent Licensed ship to to Western Australia shall have painted thereon the figures determined on by the bear certain Licensing Officer as being the characteristic figures of such ship, and also the initial characteristic letter of the port where the license is obtained, in the manner prescribed by the figures. Pearl Shell Fishery Acts, and the master, owner, or other person before using or employing such ship in the Fishery shall paint such figures and such initial letter on the said ship in the manner prescribed by the said Acts, and shall, so long as the said ship continues to be used or employed in the Fishery, maintain such figures and letter in a clear and legible manner, and in default of so doing shall be liable to the like penalties as are imposed by the said Acts for a like default committed within territorial waters. 8. If the master of any licensed ship or boat refuses to produce the license Master of such ship or boat when required so to do by any Police Magistrate or Officer refusing to of Customs or Police of the said Colony, he shall for every such offence be liable produce license. to a penalty not exceeding Five Pounds. 9. Every person in charge of a ship engaged in the Fishery in Australasian Licenses of waters adjacent to Western Australia who is not required to hold a certificate of persons in competency under the laws of that Colony must hold a license permitting him to be charge of ships. so employed; and if any such person is found in charge of a ship so engaged without being so licensed, he shall be liable to a penalty not exceeding Ten Pounds. 10. Every such person in charge of a ship engaged in the Fishery in Austra- Licenses to be lasian waters adjacent to Western Australia who fails to show his license when shown to called upon to do so by any Police Magistrate or Officer of Customs or Police of officers. the said Colony shall be liable to a penalty not exceeding Five Pounds. 11. It shall not be lawful for any master or other person to employ any Seamen, &c., to seaman or other person in the Fishery in Australasian waters adjacent to Western be employed Australia, unless under a written agreement recorded in some Custom House of only under a the said Colony, or to discharge any such seaman or other person except in the written agreement. presence of an Officer of Customs of the said Colony. If any master or other person in Australasian waters adjacent to Western Australia employs any seaman or other person in the Fishery, or discharges any seaman or other person so employed, contrary to the provisions of this Act, or fails to produce such written agreement when required so to do by a Police Magistrate or Officer of Customs or Police of the said Colony, he shall be liable to a Penalty not exceeding Ten Pounds. 12. All offences against the provisions of this Act may be heard and determined Jurisdiction by any Police Magistrate or two Justices of the Colony of Western Australia, in of Justices. accordance with the laws of that Colony regulating summary proceedings before Justices, and any such Police Magistrate or Justices shall for that purpose have power to hear and determine the matter at any place within the said Colony where the offender may be, or where any ship or boat with respect to which or in connection with which the offence was committed is found, or at any place in the said Colony appointed for holding Courts of Petty Sessions, and to make such orders for the safe keeping, detention, seizure, forfeiture, or sale of any such ship or boat, and all things found therein, as such Police Magistrate or Justices may think fit. 13. If any person think himself aggrieved by any determination or adjudica- Appeal. tion of any Police Magistrate or Justices with respect to any penalty or forfeiture under the provisions of this Act, he may appeal to the Supreme Court of Western Australia or to a Court of Quarter Sessions, in accordance with the laws of that Colony regulating appeals from Justices. Imported labor. Provisions of Fisheries.-Orders in Lunacy. 54 VIC. No. 1, 1891. 14. All the provisions in respect of imported labour contained in an Act passed by the Legislative Council of Western Australia in the forty-eighth year of Her Majesty's reign, called and known as "The Imported Labor Registry Act, 1884," shall apply as nearly as possible to the case of labourers in the Fishery within Australasian waters adjacent to Western Australia. 15. All the provisions of the Pearl Shell Fishery Acts not specially referred to by this Act, and which can be rendered applicable to the Fishery in extra-territorial waters, are hereby rendered applicable thereto. apply. [Section 3.] SCHEDULE. A parallelogram of which the North-western corner is in longitude 1120 52 East. and latitude 13 30 South, of which the North-eastern corner is in longitude 1290 East, and latitude 13° 30' South, of which the South-western corner is in longitude 112° 52′ East, and latitude 35° 8' South, and of which the South-eastern corner is in longitude 1290 East, and latitude 35° 8' South. THE ORDERS IN LUNACY. THE AUSTRALASIAN ORDERS IN LUNACY ACT, 1891.7 54 Vic. No. 1. An Act to Facilitate the Recognition in other Colonies of Orders and Declarations of the Supreme Court of any Colony in matters of Lunacy. AUSTRALASIAN Preamble. 48 & 49 Vict., ch. 60. Short title. Interpretation. Order or W [ASSENTED TO 23RD JANUARY, 1891.] HEREAS the Legislatures of the Colonies of Victoria, Queensland, Tasmania, and Western Australia have, pursuant to the provisions of an Act of the Imperial Parliament, intituled "An Act to Constitute a Federal Council of Australasia,"* referred to the Federal Council the matter relating to the recognition in other Colonies of Orders and Declarations of the Supreme Court of any Colony in matters of Lunacy, for the exercise of Legislative authority thereon: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Federal Council of Australasia, assembled at Hobart, in the Colony of Tasmania, and by the authority of the same, as follows: 1. This Act may be cited as The Australasian Orders in Lunacy Act, 1891." 2. In this Act "Registrar" shall mean and include the Prothonotary, Chief Clerk, Registrar, or other Officer having authority to affix the Seal of the Supreme Court of any Colony. 3. When any Order or Declaration made by the Supreme Court of Lunacy to have any Colony in the exercise of its jurisdiction in Lunacy shall be pro like effect in other Colonics on being re-sealed. duced to and a copy thereof deposited with the Registrar of the Supreme Court of any other Colony, such Order or Declaration shall be sealed with the Seal of the last-mentioned Court and shall have the like force and effect and have the same operation in such other Colony, and every Master, Guardian, Committee, and Receiver acting thereunder shall perform the same duties and be subject to the same liabilities in such other Colony as if such Order or Declaration had been originally made by such last-mentioned Court. * 48 & 49 Vict. c. 60, repealed by the Commonwealth of Australia Constitution Act (63 & 54 Vict. c. 12), s. 7, vol. Imperial Acts, title Constitution. Provided, that a Guardian, Committee, or Receiver appointed under any such Order shall not have or exercise any power or authority in any Colony other than that in which the Order or Declaration was made, until his appointment has been confirmed by the Supreme Court of the Colony in which the power or authority is proposed to be exercised, or a Judge thereof, which confirmation may be granted upon such terms as to the Court or Judge may seem fit, or may be refused. fees are paid. 4. No such Order or Declaration shall be sealed as aforesaid until all order not to be such stamp duty and other fees, if any, have been paid, and such Certifi- sealed until cate of payment, if any, has been produced as would have been payable. or required respectively if such Order or Declaration had been originally made by the Supreme Court the Seal whereof is sought to be affixed. ALIENS. THE AUSTRALASIAN NATURALISATION ACT, 1897. 60 Vic. No. 1. THE An Act to provide for the Naturalisation within the Australasian Colonies, or some of them, of Persons of European descent naturalised in any of such Colonies.* NATURALISA[1 FEBRUARY, 1897.] AUSTRALASIAN TION ACT, 1897. WHEREAS the Legislatures of Victoria and Queensland have, Preamble. pursuant to the provisions of "The Federal Council of Australasia Act of 1885,"t referred to the Federal Council the matter of the naturalisation of aliens of European descent: And whereas it is desirable that any such alien who has been naturalised in any Colony to which the provisions of the Act extend should be entitled to the privileges of naturalisation in any other such Colony : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Federal Council of Australasia, assembled at Hobart, in the Colony of Tasmania, and by the authority of the same, as follows: 1. This Act may be cited as "The Australasian Naturalisation Act, Short title. 1897." granted, and to 2. If any person has been or shall hereafter be naturalised in any Certificate of Colony to which the provisions of this Act extend, and shall prove to the descent to be satisfaction of the naturalising authority that he is of European descent, be conclusive such authority shall grant to him a certificate thereof, which certificate evidence. shall be conclusive evidence of the fact. naturalisation of the Colony persons of European descent. 3. Any person of European descent heretofore or hereafter naturalised Effect of in any Colony to which the provisions of this Act extend shall, upon having fulfilled any conditions of residence imposed by the laws of any other such Colony, be deemed to be naturalised therein, and shall be entitled to all rights, powers, and privileges, and be subject to all obligations and disabilities, to which a person of European descent naturalised in such other Colony is entitled or subject in such other Colony. For the purposes of this Act, the expression a person of European descent" means any person who by lineage belongs exclusively to any of the European races. As to naturalisation in the Commonwealth, see now the Commonwealth Naturalization Act 1903 (No. 11 of 1903). + 48 & 49 Vict, c. 69, repealed by the Commonwealth of Australia Constitution Act (63 & 64 Vict. c. 12), s. 7, vol. Imperial Acts. title Constitution. |