Governor may proclaim Magisterial Districts, &c. Publication and contents of Proclamation Interpretation of Magisterial Districts or any cases be judicially noticed; and whereas it is expedient to remove such doubts and to make provision for the legal constitution of Magisterial Districts: 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, as follows: 1. It shall be lawful for the Governor at any time and from time to time, by proclamation, to do any one or more of the following acts: (a) To declare any portion of the Colony to be a 'magisterial district,' and by such proclamation to name such district so declared. (b) To declare and name new magisterial districts wholly without or wholly within or partly without and partly within the limits of magisterial districts then in existence. (c) To alter the boundaries of magisterial districts, either by (d) To cancel the proclamation of a magisterial district. 2. Every proclamation to be issued under the provisions of this Act shall be published at least once in the Government Gazette,' and shall define the boundaries of any magisterial district thereby declared, and also in case of an alteration of boundaries of a magisterial district the boundaries of the piece proposed to be separated or added shall be described. 3. Wherever in any Ordinance, Act, or Law of the Colony, or in any public notice, rule, regulation, by-law, proclamation, or official document whatever, the district of a Resident Magistrate, Police Resident Magis- Magistrate, or Government Resident Magistrate is mentioned or trate' Interpretation of or Government trate of a district' referred to, such district shall be taken and construed to mean the portion of the Colony heretofore declared and designated by notice in the 'Government Gazette' under the authority of the Governor to be a magisterial district, or hereafter to be proclaimed and designated under the provisions of this Act to be a magisterial district, and for which a Resident Magistrate, Police Magistrate, or Government Resident Magistrate (as the case may be) has been or may hereafter be nominated and appointed by authority; and wherever as aforesaid the Resident Magistrate, Police Magistrate, or Government Resident Magistrate of a district is mentioned or referred to, such Magistrate shall be taken and construed to mean the Resident Magistrate, Police Magistrate, or Government Resident Magistrate (as the case may be) nominated and appointed to be the Resident Magistrate, Police Magistrate, or Government Resident Magistrate of a magisterial district heretofore declared and designated as aforesaid, or hereafter to be proclaimed and designated under the provisions of this Act. Magisterial Districts Magisterial Dis 4. The words 'Magisterial District,' wherever the same occur in Interpretation of any Ordinance, Act, or Law of the Colony, or in any public notice, rule, regulation, by-law, proclamation, or other official document whatever, shall be taken and construed to mean a magisterial district heretofore declared and designated as aforesaid, or hereafter to be proclaimed and designated under the provisions of this Act. Evidence of Pro 5. Every proclamation under the provisions of this Act, and every declaration and designation of a magisterial district heretofore made, Demation and may be proved by production of a copy of the Government Gazette' containing the same respectively. 6. This Act may be cited as 'The Magisterial Districts Act, 1886.' F. NAPIER BROOME, GOVERNOR. Magisterial Dis trict Short title WESTERN AUSTRALIA ANNO QUINQUAGESIMо VICTORIÆ REGINÆ No. 19 An Act to amend the Law relating to Public Health B (known as the principal Act). [Assented to 20th August, 1886. E it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows : 1. This Act may be cited for all purposes as 'The Public Health Short title and Act, 1886,' and is divided into Parts, as follows (that is to say) : — And this Act shall commence and come into operation on the 1st day of October, 1886. 2. In the construction and for the purposes of this Act the following terms shall, if not inconsistent with the context or subject matter, have the respective meanings hereby assigned to them (that is to say): 'Abattoir' or 'Slaughter-house' shall mean and include the division of Act Application of Appointment of The Public Health Act, 1886 'Article of food' shall mean not only all alimentary substances whether solids or liquids, but also all eatables and drinkables whatsoever, and all condiments and articles of confectionery. 'Central Board' or 'Central Board of Health' shall mean any 'Cesspool' shall mean any receptacle for night-soil or for 'House' shall mean and include dwellings of any kind, schools, 'Land' shall mean and include messuages, buildings, lands, and hereditaments of every tenure, also rivers, streams, wells, and waters of every description, also easements of every description in respect of the foregoing particulars. 'Local Boar s District' or 'District of a Local Board' shall mean the area of any Municipality for which a local board may hereafter be constituted under Part I. of this Act. 'Owner' shall mean the person for the time being entitled to receive the rent of the land or premises in connection with which the word is used, whether on his own account or as the agent of or as trustee for any other person, or who would be entitled to receive the same if the lands or premises were let at a rent. 'Street' shall mean and include any highway, and any public bridge, and any road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not. 3. This Act shall, save where the application thereof or of any portion thereof is hereinafter expressly limited or extended, apply to the city of Perth and the town of Fremantle, and its provisions, or any portions thereof, may from time to time be extended, by order of the Governor in Council on the recommendation of the Central Board, to any Municipality now existing or hereafter to be declared and proclaimed. PART I. CENTRAL AND LOCAL BOARDS OF HEALTH 4. The Governor may appoint any five persons, one of whom shall Central Board of be a legally qualified medical practitioner, another a civil engineer, and another a practical builder, to be a board for superintending the execution of this Act. Such board shall be called 'The Central Board of Health,' and shall have and execute all the powers and duties vested in or imposed upon such board by this Act, and the same may be exercised and executed by a quorum thereof of not less than three members. The Public Health Act, 1886 The Governor may from time to time remove all or any of the persons so appointed, and on the removal, death, or resignation of any member of such board may from time to time appoint some other person in his place, provided that there shall always be on such board a legally qualified medical practitioner, a civil engineer, and a practical builder. 5. The Governor shall appoint one of the members of the Central Board to be the president thereof. In the event of the absence of the president from any meeting, the members present shall elect one of their number to be chairman of such meeting, and at all meetings of the said board the president or chairman shall have a vote, and in case of an equality of votes shall have a casting vote, and during any vacancy in the said board, whether of the office of president or not, the continuing members may act as if no vacancy had occurred. At all meetings of the Board, all questions shall be decided by a majority of the votes of the members present. President or Central Board tral Board 6. The Governor may, on the recommendation of the Central officers of CenBoard, from time to time appoint and remove a secretary, inspectors, and such other officers of the Central Board of Health as may be deemed necessary for the purposes of this Act. 7. The Central Board may from time to time make, alter, and rescind regulations, directions, orders, and notices in the execution of this Act, and may make, alter, and rescind rules for regulating their own proceedings. 8. All documents whatever, purporting to be issued or written by or under the direction of the Central Board and purporting to be signed by the secretary of the said board, shall be received as evidence in all courts of law, and shall be deemed to be issued or written by or under the direction of the said board without further proof, unless the contrary be shown. 9. The Central Board may from time to time cause to be made such inquiries as they think fit in relation to matters concerning the public health in any place, or with respect to any matter to which their sanction, approval, or consent is required by this Act. 10. Where it is proved to the satisfaction of the Central Board that a local board of health have made default in doing their duty in relation to the abatement of nuisances under this Act, the Central Board, after due notice to such local board of their intention, may authorise any officer of police or member of the police force acting within the jurisdiction of the defaulting board to institute any proceeding which the defaulting board might institute with respect to the abatement of nuisances. Central Board may make regu lations, &c. Documents signed by secrcevidence tary to be Power of board to direct in quiries Power of police to proceed in against nuisances certain cases Central Board of 11. Where complaint is made to the Centra Board that a local Proceedings on board of health has made default in enforcing any provisions of this complaint to Act which it is their duty to enforce, the Central Board, if satisfied default of local after due inquiry that such local board has been guilty of the alleged board. default, shall make an order limiting a time for the performance of the duty of the local board in the matter of such complaint. If such duty be not performed within the time limited in such order, the performance of such duty may be enforced by writ of mandamus, or the Central Board may appoint some person to perform such duty. Formation of local boards Officers of The Public Health Act, 1886 Any person appointed under this section to perform the duty of a defaulting local board shall, in the performance and for the purposes of such duty, be invested with all the powers of such local board, and the Central Board may from time to time remove any person so appointed, and appoint another in his stead. 12. [Repealed by 55 Vic., No. 22.] 13. Each local board shall appoint, subject to the approval of the health-appoint- Central Board of Health, a legally qualified medical practitioner as ment, remuneration, and duties Inspectors to carry out instructions of officer of health of such local board's district; and may remove any such officer which such local board have appointed, and shall thereupon appoint another in his stead. Such officer of health shall be paid a sum as remuneration for his services (being not less than Ten pounds for any year) as such local board fix; and shall perform such duties and in such manner as such local board may from time to time direct, and also such as are specially prescribed by any minute or order addressed by the Central Board to such local board. Two or more local boards may, with the approval of the Central Board, join in the appointment of an officer of health, and in directing the duties to be performed by such officer, and in remunerating him to an amount not less than that hereinbefore mentioned. If any local board do not appoint or join in appointing an officer of health when requested so to do by the Central Board, or within two months from the occurrence of a vacancy in such office, it shall be lawful for the Governor, upon a recommendation from the Central Board, to appoint an officer of health for the district of such local board, and also to fix a sum as the amount of remuneration (not less than that hereinbefore mentioned) which shall be paid to such officer of health by the local board. 14. Officers of health are hereby empowered to give any inspector appointed by the local board of health of their respective districts such officers of health directions and instructions as such officers may deem necessary from Officers of health to have power of inspectors Offcers of local board time to time for the due execution of this Act, and such inspectors are hereby required to faithfully obey and carry out any such directions or instructions so given. 15. Officers of health shall, in addition to the powers conferred on such officers by this Act, have all the powers hereby conferred on any inspector appointed by the local board of health of their respective districts, and every inspector of the Central Board shall have all the powers hereby conferred on inspectors appointed by any local board, and may attend any meetings of a local board, when and as directed by the Central Board. 16. The local board of health shall from time to time appoint, subject to the approval of the Central Board, such officers, inspectors, and servants as may be necessary for the due carrying out of the provisions of this Act, and shall make such rules specifying the duties and conduct of such officers, inspectors, and servants as they think necessary; and may remove such officers, inspectors, or servants as such boards think fit; and may direct to be paid to such officers, inspectors, and servants such wages, salaries, or allowances as such local board deem reasonable. |