Sections A, C, F, and G of Shortening Ordinance incorporated The Dog Act, 1883 Treasury. One half of all fines and penalties under this Act shall, in municipalities, be paid to the municipality, and shall elsewhere be paid into the Colonial Treasury; and one half of the said fines and penalties shall be paid to the person who has informed against the offender. 26. The sections in the Schedule of The Shortening Ordinance, 1853,' lettered respectively A, C, F, and G, shall be incorporated with and taken to form part of this Act to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act. Section 2 Section 5 F. NAPIER BROOME, I, the said A.B. (or, I, C.D., the duly authorised agent of A.B., in this behalf), do declare the above description to be true in every particular, to the best of my knowledge and belief. Dated this day of 18 FOURTH SCHEDULE Receipt A.B. (or, C.D.) Received this day of 18 the sum of for Section 8 in for year ending on the thirty-first day of December, 18 the particulars whereof, contained in the following description, were given at the time of registration:— Premises, District, or No. of place on or in which such dog is intended , E.F., Clerk of the Petty Sessions, (or person appointed by the Petty Sessions or Municipality). FIFTH SCHEDULE To A.B., Police Constable (or to C.D. of ) I, E.F., being one of Her Majesty's Justices of the Peace for the Colony of Section 18 Western Australia, do authorise and order you forthwith to destroy, or cause the destruction of a dog, belonging to G.H., an aboriginal native, and which dog I have made known to you. Signed, (E.F.) date ( ). Port of Fremantle 21 Vic., No. 3, repealed WESTERN AUSTRALIA ANNO QUADRAGESIMO SEPTIMO VICTORIÆ REGINÆ No. 14 An Act to repeal 'An Ordinance to provide Additional [Assented to 8th September, 1883. Queen Victoria an Act was passed, intituled an Ordinance to provide Additional Regulations for the Port of Fremantle;' and whereas the necessity for these Regulations no longer exists; and whereas, also, such Regulations are the cause of inconvenience and loss to owners and masters of boats: 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. The Ordinance hereinbefore recited shall be and the same is hereby repealed. Provided that this repeal shall not affect the past operation of the said repealed Ordinance; nor shall it affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any of the provisions thereof.' F. NAPIER BROOME, GOVERNOR. Short title WESTERN AUSTRALIA ANNO QUADRAGESIMO SEPTIMO No. 15 An Act to provide for the Destruction of Rabbits in WHEREAS it is expedient to provide for the destruction of rabbits in the Colony of Western Australia: Be 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 as 'The Destruction of Rabbits Act, 1883.' Destruction of Rabbits 52. In this Act the following words shall have the meanings respec- Interpretation), tively assigned to them, if not inconsistent with the context 'Rabbit' shall mean any live rabbit, whether tame or wild. 3. It shall not be lawful for any person to bring to land in the Colony, or to keep or have in his possession on land within the Colony, any rabbit except as provided in the following section; and every person offending against the provisions of this section shall be liable, on conviction thereof before any two Justices of the Peace, to a penalty not exceeding Five pounds. 4. [Repealed by 49 Vic., No. 15.] Penalty for importing or keep rabbits Rabbits may be kept on islands five miles from the seaboard Appointment of 5. It shall be lawful for the Governor to appoint certain persons to be inspectors for the purpose of carrying out the provisions of this Inspectors Act (which appointments shall be forthwith notified in the 'Government Gazette'); and a copy of such 'Gazette' containing a notice of such appointment, and purporting to be printed by the Government Printer, shall be received in all Courts of Justice as evidence of the appointment of such persons. notice of rabbits on his land 6. Every occupier upon whose land there shall be any rabbits, or Occupier to give any signs or marks of rabbits, shall immediately give notice thereof to the inspector whose residence shall be nearest to such land; and any such occupier who shall fail to give such notice shall be liable, upon conviction thereof before any two Justices of the Peace, to a penalty not exceeding Five pounds. occupier to destroy rabbits on his land, 10 7. It shall be the duty of every occupier of land upon which there shall be any rabbits to do forthwith all things which may be necessary for the purpose of destroying such rabbits; and if any inspector shall have reason to believe that there are rabbits upon any land as aforesaid, Amended by and that the occupier refuses or neglects to destroy the same, the 49 Vic., No. 15 inspector shall, by notice in writing, require the occupier forthwith to destroy the same; and if after ten days from the service of such notice the said occupier shall not have destroyed or taken efficient means to destroy such rabbits, it shall be lawful for the inspector, or for any persons authorised by the inspector, by writing in that behalf, to enter upon such lands, and do all things necessary for the destruction of such rabbits. Provided that nothing herein contained shall exempt any person, acting in pursuance of the powers hereby conferred, from any liability for unnecessary damage caused by his negligent act or default. inspect 8. It shall be lawful for any inspector, or for any person authorised Inspector to in writing in that behalf by any inspector, after notice given to the enter on lands to occupier of lands as aforesaid, to enter upon such lands, at any reasonable hour in the day-time, for the purpose of ascertaining whether any rabbits are thereon; and no person entering as aforesaid shall be deemed a trespasser, or be liable for any damage done to such land, unless the same was unnecessary, and caused by his negligent act or default. Provided that every person (not being an inspector) as aforesaid shall exhibit such written authority, if required to do so by such occupier, and if such person shall fail to do so then he shall be deemed to be a trespasser on such land. Entry on Crown lands Summary proceedings Destruction of Rabbits 9. Any inspector, or any person authorised in writing by an inspector, may, from time to time, enter upon any unoccupied or reserved Crown lands for the purpose of destroying, and may destroy the rabbits on such lands. 10. All penalties recoverable under this Act shall be recovered in a summary way before two or more Justices of the Peace, according to the provisions of the Acts in that behalf. F. NAPIER BROOME, GOVERNOR. Powers of Governor in WESTERN AUSTRALIA ANNO QUADRAGESIMO SEPTIMO VICTORIÆ REGINÆ No. 17 An Act to extend the Provisions of the Shipping and Pilotage Acts 1855 and 1873. W [Assented to 8th September, 1883. THEREAS by the provisions of the 37th Victoria, No. 14, certain powers are given to the Governor in Council to remit, vary, or alter the scales or lists of dues set forth in the Schedule to the Shipping and Pilotage Consolidation Ordinance, 1855; And whereas it is expedient to extend the said powers: 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:- AM 1. It shall be lawful for the Governor, with the advice of the Council as to the Executive Council, by notice to be published in the 'Government remission, altera- Gazette,' to remit, vary, or alter (but so as never to exceed) for such tion, or compounding for harbour dues Incorporation of Act Short title time or times, and upon such terms and conditions as may be deemed necessary or advisable in that behalf, all or any of the dues in the schedule to the said recited Ordinance of 1855, in favour of any particular ship or vessel or of any number or class of such ships or vessels. And also, by notice as aforesaid, to permit the owners of any ship or vessel, or of any number or class of ships or vessels, for such time and upon such terms and conditions as aforesaid, to compound for all or any of the said dues by a fixed annual or other payment in lieu thereof, or in such other manner as may be deemed advisable by the Governor in Council as aforesaid; Provided always that the foregoing powers shall be in addition to those granted by the recited Acts. 2. This Act shall be incorporated with and deemed to form part of the Acts hereinbefore recited. 3. This Act may be cited as 'The Shipping and Pilotage Acts Amendment Act, 1883.' F. NAPIER BROOME, GOVERNOR. |