prison, or in a lunatic asylum, or a hospital, or out of Victoria, but that it shall be forfeited; and it further provides that when the pensioner is discharged from any asylum or hospital after having been there more than twenty-eight days, his pension shall be resumed, dating back twenty-eight days previously to his discharge.

By s. 28 no person in a benevolent asylum shall draw a pension.

By s. 30 imprisonment with or without hard labour, not exceeding six months, is provided for offences against the Act

(a) By false statements obtaining, or attempting to obtain, a certificate

or pension;

(b) By unlawful means attempting to obtain or obtaining payment of a forfeited instalment of a pension;

(c) Personation;

(d) Aiding or abetting others in commission of the above offences;

(e) Wilfully lending pass certificates to any other person.

By s. 31 the Court, in addition to the punishment imposed by the last section, can

(a) Cancel any pension;

(b) Reduce it;

(c) Impose a penalty not exceeding twice the amount of instalment wrongfully obtained; or if the defendant is a pensioner, direct forfeiture of future instalments of his pension equal in amount to such penalty.

S. 32 (1) provides that when a pensioner is convicted of drunkenness or any offence punishable by imprisonment for not less than one month, then in addition to any other penalty the Court may order forfeiture of one or more instalments falling due after conviction. By sub-s. 2, when in the opinion of the Commissioner the pensioner mis-spends any part of his pension, or wastes or lessens any part of his income or earnings, or injures his health or endangers or interrupts the peace and happiness of his family, the Commissioner may, on complaint of the Registrar or any paymaster or policeman, make an order directing that until further order the instalments shall be paid to a benevolent or charitable society, minister of religion, justice, or other person for the benefit of the pensioner, or cancelling the pension certificate or directing a forfeiture of some of the instalment. sub-s. 3, when a pensioner is twice within twelve months convicted of any offence punishable by imprisonment for not less than one month, or of drunkenness, or when he is convicted of any offence punishable by imprisonment of twelve months or upwards, the Court shall cancel the pension certificate. By sub-s. 4 the pass certificate is to be delivered to the clerk of the court and sent by him to the Registrar.

By

By s. 33, notwithstanding that a pensioner has not been convicted of drunkenness, the Registrar may at any time summon him to show cause why his pension should not be cancelled, reduced, or suspended for a term

on account of such pensioner's drunken or intemperate habits, and the Commissioner may, if he thinks fit, cancel, reduce, or suspend such pension accordingly.

By ss. 34 and 35 the pensions are charged on the Consolidated Revenue, and an annual return is to be made of them to Parliament.

S. 37 gives the Governor in Council power to make regulations for carrying out the Act.

Employers' Liability (No. 1757).-This Act, entitled "The Employers and Employees Act, 1890, Continuance Act, 1901," continues indefinitely Part III. of the Employers and Employees Act of 1890.

Income Tax (No. 1758).-The Income Tax Rate Act of 1901 is a re enactment of the previous Acts for the year 1902.

Betting.-No. 1765 is an Act entitled "The Sports Betting Suppression Act, 1901." SS. 3, 4, and 5 provide that the promoter of any sports, by advertising in a local newspaper and posting notices at the gateways and on the ground, may prohibit wagering and betting thereat. S. 6 provides a penalty not exceeding £20 for any person who, on the ground or in any place adjacent thereto, whether on his own behalf or for any other person, wagers or bets, or offers or promises to pay any wager and bet. S. 7 provides that any person so doing may be removed or apprehended without warrant by the police. By s. 8, if a person so removed re-enters the ground, he may be fined a sum not exceeding £50, or imprisoned for any period not exceeding three months, or incur both penalties in respect of each re-entry. By s. 9, any person removing the notices alluded to in s. 5 shall be liable to a penalty not exceeding £5.

Trusts (No. 1769).—The Trusts Act of 1901 provides that as soon as the executor or administrator of the estate of any deceased person has procured the registration of some other person as the holder of some shares not fully paid up in an incorporated company, without reserving any portion of such estate for the payment of any calls to be made, he shall be freed from personal liability for any call after the registration of the other person as holder, but it shall not affect the right of the company in its liquidation to follow the assets of the deceased person.

Sale of Diseased Plants (No. 1773).-The Vegetation Diseases Act, 1901, makes it an offence, with a penalty not exceeding £10, for any person to sell or expose for sale or to cause to be sold or exposed for sale any diseased tree, plant, or vegetable.

Education (No. 1777).-The Education Act, 1901, which amends the Education Act of 1890, makes a few unimportant alterations in the latter Act.

Public Service (No. 1779).—The Public Service Act, 1901, is a short Act which deals with the public service in Victoria, and is of merely local interest.

Gold Buying.-No. 1780 is an Act entitled "The Gold Buyers Act, 1901."

S. 2 is the definition clause. S. 3 provides that after March 1st, 1902, no unlicensed person shall buy unwrought gold or gold amalgam. SS. 4 to 7 provide for the licensing of buyers, the latter section allowing the manager or representative of any banking company in any locality to obtain a licence without any certificate of character. S. 8 provides that no Chinese person is to be licensed-this by the definition clause includes a half-caste. By s. 20 no licensed gold buyer shall smelt, work, use, or deal with any unwrought gold or gold amalgam until five days after he has purchased the same. By s. 25 no child under fourteen shall sell gold. By s. 26 no buyer shall buy gold except at the place where he carries on his business. Any offence against the Act is provided for in s. 23 by a penalty not exceeding £50, to be recovered in a summary way.

7. WESTERN AUSTRALIA.

[Contributed by R. W. LEE, ESQ.]

Supply.-Nos. 1, 5, and 6.

Acts passed-36.

I Ed. VII.:

·

Loan (No. 2).-This Act authorises a loan of £2,600,000 for public works and other purposes.

Customs (No. 3).-The Commonwealth of Australia Constitution Act by s. 95 permits Western Australia for five years after the imposition of uniform customs duties to impose certain duties of customs on goods imported from other States of the Commonwealth. This Act continues existing duties in force.

Presbyterian Church of Australia (No. 4).-This Act gives legal effect as far as Western Australia is concerned to a scheme of union entered into by the Presbyterian Churches of the various Colonies to form one Presbyterian Church of Australia. The Act does not come into force until (a) the Moderators of the General Assemblies of the several churches have executed a deed poll signifying the acceptance of the scheme; (b) the Parliaments of the other States have passed Acts giving effect to it; (c) a notice of the above facts signed by the Moderator of the General Assembly of the Presbyterian Church in Western Australia has been published in the Government Gazette.

When the Act takes effect, the properties of the Presbyterian Church of Western Australia are to be held subject to the scheme of union set forth in the schedule, which also contains the standard of religious belief and ecclesiastical government.

Appropriation.-No. 1.

1 & 2 Ed. VII. :

Gaols Acts Amendment (No. 3).

S. 2.-The Governor may by notice in the Gazette declare any lock-up to be a police gaol.

S. 3-Any Court may commit to a police gaol for a period not exceeding three calendar months.

S. 12 specifies the cases in which a guard or warder may fire upon a prisoner-viz. (a) if he attempts an escape, or (b) if he attempts an assault; provided that such firing appear to be necessary to prevent escape or that the assault committed or attempted be of a character apparently dangerous to life or likely to cause bodily harm to the person assaulted or threatened.

S. 14. Commitments under the Debtors Act, 1871, may be made to a police gaol.

SS. 15 and 16.-Persons in custody may be brought up to answer any further charge or to give evidence on an order of Court without habeas corpus.

Workers' Compensation (No. 5).

S. 4. This Act applies only to injuries of workers employed— (1) On or in or about any railway, waterwork, tramway, electric lighting work, factory, mine, quarry or engineering or building work. (2) On or in or about any employment declared by proclamation to be dangerous or injurious to health or dangerous to life or limb, provided that no such proclamation shall issue except pursuant to addresses from both Houses of Parliament.

Questions as to liability to pay compensation, etc., if not settled by agreement, are to be determined by the magistrate of the local Court sitting with two assessors (s. 8).

Special provision is made to secure compensation or damages, whether under the Act or independently of the Act, to workers in mines, factories, buildings, or vessels. The amount of compensation or damages to which any such person shall become entitled shall from the date of the accident become a charge upon the employer's estate or interest in such mine, factory, building, or vessel, and the plant and appliances thereof (s. 17).

In other respects this Act follows the model of the Imperial Act (60 & 61 Vict., c. 37).

Excess Expenditure (Nos. 6 and 9).-These Acts confirm and allow certain expenditures incurred for the services of the years 1899-1900 and 1900-1901, and not included in any Appropriation Act for the years in question. In the first year the excess expenditure on votes on the Consolidated Revenue Fund is £167,509 6s. 10d.; on votes on the General Loan Fund £28,294 os. 5d. The corresponding amounts for 1900-1901 are £364,384 12s. 6d. and £135,398 11s. 3d.

Criminal Code (No. 14).-An introductory Act of ten sections contains a code of criminal law in a schedule and provides that it is to come into operation on May 1st, 1902.

The code itself extends to 713 sections and deals both with substantive law and with procedure. It consists of eight parts, each divided into numerous chapters: Part I., Introductory; Part II., Offences against Public Order; Part III., Offences against the Administration of Law and Justice and against Public Authority; Part IV., Acts Injurious to the Public in general; Part V., Offences against the Person, and relating to marriage and parental rights and duties and against the reputation of individuals; Part VI., Offences relating to Property and Contracts; Part VII., Preparation to commit Offences, Conspiracy, Accessories after the Fact; Part VIII., Procedure.

All or nearly all pre-existing criminal law is repealed. The Act aims at being exhaustive, and includes such topics as corrupt and improper practices at elections (chap. xiv.), frauds by bankrupts, etc. (chap. liv.).

Supreme Court: Additional Judge (No. 16).-This Act provides for an additional judge of the Supreme Court at a salary of £1,400.

Bush Fires (No. 18).—This is an Act to diminish the dangers resulting from bush fires. All earlier Acts are repealed.

S. 5.-The Governor may by notice in the Gazette declare the times of the year during which it shall be unlawful to set fire to the bush within any district or part of the State mentioned in the notice. Penalty up to £50. S. 7. No person shall burn any bush during the months of October to April inclusive without taking precautions-viz. (a) written notice to adjoining owners or occupiers; (b) three men at least in attendance to prevent fire spreading.

Trades Unions (No. 19).-This Act closely follows the provisions of the Imperial Acts of 1871 and 1876 (34 & 35 Vict., c. 31, and 39 & 40 Vict., c. 22).

S. 31. A registered trade union or branch thereof may be registered under the Industrial Conciliation and Arbitration Act, 1902.

Industrial Conciliation and Arbitration (No. 21). This repeals the corresponding Act of 1900, but re-enacts the greater part of it with improvements and additions.

An entirely new group of sections relates to Government employees. By s. 107, if any person employed by the Government on daily wages payable weekly or fortnightly is a member of any industrial union composed of workers of the same trade as such person, the Minister of the department in which such person is employed shall in relation to all such persons be deemed an employer.

S. 108. Any association or society of Government railway servants may register under this Act as an industrial union of workers.

S. 109.-If an industrial dispute arises between the Minister and any such