Repeal of Section 551.

Summary trial of aboriginal natives on plea of guilty.

Further amendments: Schedule.

Criminal Code-Amendment.

4. SECTION five hundred and fifty-one of the Code is repealed.

5. IF an aboriginal native charged before Justices with any offence not punishable with death pleads guilty, the Justices may deal with the charge summarily.

But no sentence of imprisonment imposed on summary conviction shall exceed three years.

6. THE Code is further amended in the manner indicated in the Schedule to this Act.

In the name and on behalf of the King I hereby assent

to this Act.

E. A. STONE, Administrator.

THE

Criminal Code - Amendment.

THE SCHEDULE.

In section sixty-five, line sixteen, the word "life" is omitted and the words "fourteen years" inserted.

66

In section one hundred and thirty-nine, line two, the words or authorised " are omitted and, in line three, the words "wilfully and perversely and" are inserted after the word "bail."

In section one hundred and eighty-seven the words "two hundred and twelve" in the last paragraph are omitted, and the words "one hundred and eighty-five are inserted.

In section two hundred and two the words "sections one hundred and eightyfive to one hundred and ninety-three, inclusive, of" are inserted after the word "in."

In section three hundred and twenty-five the words "The offender cannot be arrested without warrant" are omitted.

In section five hundred, subsection three, line six, the word "prescriptions" is struck out and the word "descriptions" inserted.

In section five hundred and eight, line four, the words "an acknowledgment are inserted after the word "acknowledgment."

In section five hundred and thirty-nine, line two, "futherance" is struck out and the word "furtherance" is inserted.

46

In section five hundred and fifty-two the words or for sentence" are inserted after the words "committed for trial."

In section six hundred and ninety-six the words "and the last preceding section shall not apply" are added at the end of the section.

In section seven hundred and seven the words "The Court may, in its discretion, make the like order for" are omitted, and the words "The Attorney General may, in his discretion, order" are inserted.

In section seven hundred and nine, lines two and five, the word "permanently" is omitted and the word " usually" inserted; in lines three and six the word "twenty" is struck out and the word "ten" inserted; and the words "a certificate under this section is conclusive evidence of the facts stated" are added at the end of the section.

By Authority: WM. ALFRED WATSON, Government Printer, Perth,

Section 6.

AN ACT to regulate the Droving of Travelling
Stock.

[Assented to, 20th December, 1902.]

BE

E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. THIS Act may be cited as the Droving Act, 1902, and shall come into operation on the first day of January, 1903.

2. THE Droving Act, 1894, is hereby repealed.

3. IN this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively:-"Drover "The proprietor or any other person driving or in possession or charge of any travelling stock. "Inspector "-Any person appointed as an inspector under any Act for the time being regulating the branding of stock.

Short title and
commencement.

Repeal.

Interpretation.

"Manager"

Proprietor of travel

"Constable "-Any officer or member of the police force.

"Proprietor" "--The owner or proprietor, jointly or in severalty, of any stock.

"Run"-Any run, station, farm, freehold, or leasehold, where stock are kept or depastured.

"Stock"-Any horse, mare, gelding, colt, filly, ass, mule, camel, bull, cow, ox, heifer, steer, calf, ram, ewe, wether, lamb, or goat.

"Travelling stock"-Any stock taken or driven, or about to be taken or driven, to any place more than forty miles from the run upon which such stock were depastured previous to starting.

4. WHENEVER the actual proprietor of any stock, or the ling stock to provide manager of any such proprietor, intends to act as the drover thereof, himself with way he shall

bill,

and post duplicate to Chief Inspector of Stock

First Schedule.

Proprietor to provide

(a.) Provide himself with a way bill in the form contained
in the First Schedule, signed by such proprietor or
manager in the presence of a subscribing witness; and
(b.) Send a duplicate of such way bill to the Chief Inspector
of Stock in Perth, by posting the same in a letter.

5. (1.) WHENEVER any person, other than the actual prodrover with delivery prietor or the manager of any such proprietor of any stock, acts as the drover thereof, such proprietor or manager shall make out in duplicate and sign, in the presence of a subscribing witness, a delivery note in the form contained in the Second Schedule.

note,

and post duplicate to

(2.) One of such duplicate delivery notes shall be delivered the Chief Inspector to the drover, and the other shall, at the same time. be sent to the Chief Inspector of Stock in Perth, by posting the same in a letter.

of Stock.
Second Schedule.

In event of loss of way bill or note, drover to apply for interim way bill or note.

Justice of the Peace, Inspector, or officer may grant interim way bill or note. Third Schedule.

6. IF the way bill or delivery note of any such travelling stock is accidentally lost or destroyed, the drover in charge thereof shall forthwith apply, in writing, to the nearest Justice of the Peace, or inspector, or to the officer in charge of the nearest police station, for an interim way bill or delivery note, as the case may be.

7. (1.) SUCH Justice of the Peace, inspector, or officer shall, on satisfactory proof of such loss, and on payment by the applicant of a fee of Five shillings, grant an interim way bill or delivery note for such stock, in the form contained in the Third Schedule.

(2.)