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Weights and Measures

rolls, cakes and

before one
Justice of the

months

the wilful act or culpable neglect of the party accused : Provided Exceptions of
further that nothing herein contained shall be construed to extend to pastry
such bread as is usually sold under the denomination of rolls, cakes or
pastry.

12. And be it further enacted that all informations and pro- All convictions
ceedings on account of any offence under this Act shall be heard and
determined, and all forfeitures and penalties in respect of the same Peace
shall be awarded and imposed in a summary way, by any one Justice
of the Peace, who shall summon before him the party accused and all
necessary witnesses ; and upon appearance of the party accused (or in
his absence upon proof by oath of his having been served with the said
summons, either personally or by the same being left at his usual place
of abode) such Justice shall hear the matter of such information, and
examine all necessary witnesses upon oath, and make such order
thereon as to him shall seem meet; and in case the party accused shall
be by him convicted, and shall fail to pay any fine or penalty, costs or
expenses awarded by such order, within three days next after such
order shall have personally served on him or left at his usual
place of abode, it shall be lawful for such convicting Justice to levy
and raise such fine or penalty, costs or expenses by distress and sale Who may en-
of the goods and chattels of the party so convicted; and in case such force the con-
goods and chattels shall be insufficient for that purpose, it shall be distress and sale,

or imprisonment lawful for the convicting Justice to commit the party so convicted to not exceeding any gaol or house of correction for any term not exceeding six six calendar calendar months.

13. And be it further enacted that on the hearing of every infor- Weights, dicu, mation under this Act for the offence of using or having in possession compared with any deficient weight or measure, the weight or measure alleged by standards in such information to be false or deficient shall be compared with the Magistrate said standard weights or measures in the presence of the Justice who hearing informashall hear such information.

14. And be it further enacted that on the hearing of any such Examiners to be information as last aforesaid or of any information for using or witnesses possessing a false balance, any such examiner as aforesaid shall be admitted as a competent witness to prove the fact that the weight, measure or balance alleged to be false or deficient was found in the shop, store-house or out-house or otherwise in the possession or apparent ownership of the party accused, notwithstanding that such examiner may by conviction of the party accused become entitled as informer to part of the penalty incurred by such conviction.

15. And be it further enacted that if any person who shall have Persons guilty of been twice summarily convicted of any offence against the provisions may be indicted of this Act, shall afterwards be guilty of any such offence, every such at Quarter person being thereof convicted by indictment at the Quarter Sessions of the Peace for the said Colony shall be subject to such fine, not exceeding the sum of fifty pounds, and to such imprisonment not exceeding the term of six calendar months, as the said Court shall in its discretion award; and that it shall be lawful for the Justice who shall hear the information charging such third offence to require the accused party to enter into recognizance with one sufficient surety at the discretion of such Justice for the appearance of the accused party at the next Sessions of the said Court to take his trial for such third

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Sessions

Weights and Measures

offence; and in default of such surety, it shall be lawful for such

Justice to commit the accused party for trial. Informations, 16. And be it further enacted that all informations and proceedings when to be laid

in respect of offences against this Act shall be commenced within one calendar month next after the offences thereby respectively charged

shall have been committed. Right of Appeal 17. And be it further enacted that if any person shall think him

self aggrieved by any judgment or conviction made under this Act, such person may appeal therefrom to the next Court of Quarter Sessions of the Peace for the said Colony; which Court shall bear and determine the matter of such appeal, and shall summon all necessary parties and witnesses, and shall make such order in affirm ance or reversal of the judgment or conviction appealed from, and for payment of the costs of appeal, as to such Court shall seem meet; and shall enforce such order, if necessary, by distress and sale of the goods and chattels of any person refusing or neglecting to obey such order ; or by imprisonment of any such person for any time not exceeding six calendar months : Provided that notice of such appeal be given by the appellant to the Justice from whose judgment or conviction such appeal shall be made, within three days next after such judgment or conviction ; and that such appellant deposit the sum of five pounds with such last-mentioned Justice or enter into a recognizance with two sureties for the purpose of securing payment of the costs of

such appeal. Appropriation of 18. And be it further enacted that all fines, forfeitures and penalties penalties recovered under or by virtue of this Act shall be payable in

equal moieties to the use of His Majesty, his heirs and successors, and to the party or parties informing.

FREDERICK CHIDLEY IRWIN, LIEUTENANT-GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO QUARTO

GUL. IV. REGIS

No. 4
An Act to regulate the Fencing of Town and Suburban
Allotments.

[Assented to 7th April, 1834. HEREAS the cultivation and improvement of located lands

Preamble

Australia

may be much promoted by compelling, under certain restrictions, the erection of party fences thereto : Be it therefore enacted by His Honour the Lieutenant-Governor of Western Australia and its Dependencies, with the advice of the Legislative Council, that the proprietor or tenant of a town or suburban allotment or his or her

Trespass (Fencing)

not known

If the party
served shall not

agent respectively being desirous of erecting the common boundary Boundary fence
fence between the same and any next adjoining land (not being Crown to be screen
land reserved for any special purpose), whether within or without any requisition
town site, may require in writing the proprietor of such adjoining land hierments
(or the agent of such last-mentioned proprietor if absent from the said
Colony) to erect a moiety of such common boundary fence in such
manner and of such kind or description as may thereafter be mutually
agreed on by or on behalf of both the said proprietors, or as for want
of such agreement shall be determined by two arbitrators, of whom
one shall be named in writing by the party making such requisition,
and the other shall be named in like manner by the party to whom
such requisition shall be addressed.
2. And be it further enacted that every requisition made under Mode of serving

such requisition
the provisions of this Act shall be served either personally on the party
to whom the same shall be addressed or by leaving the same at the last
or usual place of abode of such party, and that every such requisition
to fence any adjoining ground whereof the proprietor shall be unknown When proprietor
or absent from the said Colony without any known agent within the
same, shall be made and published by three successive advertisements
in the Government Gazette' of the said Colony.

3. And be it further enacted that if the proprietor or agent on whom

any such requisition shall be served or to whom the same shall within fourteen be notified by three successive advertisements as aforesaid shall not days determine within fourteen days after such service, or within the like period after the boundary the last of such advertisements, either execute a written agreement for det en mode of the erection of the boundary fence so required or join in appointing same arbitrators as aforesaid for determining the nature and mode of constructing of such fence; in such case the Government Resident at the town site in which the land required to be fenced is situate (or any neighbouring Justice of the Peace, in case there shall be no Government Resident at such town site or such Resident shall be sick or absent) shall proceed on the application and together with the arbitrator of the party making such requisition to determine in writing the kind or description of such common boundary fence, and the particular moiety thereof to be erected by the party to whom such requisition shall be addressed, and a copy of such determination shall be served on such last-mentioned party in the same manner as such requisition, or in case of the absence of such last-mentioned party from the said Colony, shall be notified by an advertisement in the said • Gazette.'

4. And be it further enacted that any such written agreement or Agreement or determination as aforesaid or any award made by arbitrators appointed be binding after in pursuance of any such requisition as aforesaid, of which agreement, publication in award, or determination, notice shall be published in the said Gazette, shall from the date of such notice be binding on the heirs and assigns of the parties making such agreement, or affected by such award or determination.

5. And be it further enacted that if any proprietor or agent, If the part having been served with any such requisition, or to whom any such requisition shall be notified by advertisement as aforesaid, shall not required within within three calendar months after the execution of any written agree- months from ment made in pursuance of such requisition, or within the like period date of agree

1

1

served shall not
erect the fence

Trespass (Fencing)

on the land and

Mode of recover

fence from the

party making after the date of any award made by arbitrators appointed in pursuance the requisition

of such requisition, or within the like period after the service or may proceed to erect such fence notification by advertisement of any such determination made on de

fault of appointment of arbitrators as aforesaid, erect and finish a moiety of the fence referred to by such agreement, award, or determination, and in conformity therewith respectively; in either of the said cases, the party making such requisition as aforesaid may proceed, without any further notice or demand, to erect the particular moiety

required to be erected by such requisition, of the common boundary And may enter fence therein referred to; and for that purpose to enter with all cut down neces

necessary workmen, servants, cattle and vehicles, on the adjoining sary timber, &c. ground so required to be fenced off, and may there cut down, dig up,

and prepare all necessary timber, earth, or other materials for constructing such moiety; and may cut down and remove any tree or trees which may in reasonable probability endanger such fence when erected; or which may obstruct the erection thereof.

6. And be it further enacted that any proprietor, tenant, or agent, ing costs of such who shall have erected a moiety or other less portion of any party opposite party

fence under the authority of this Act, and shall be desirous of recovering the costs thereof in the mode hereby provided, shall make affidavit, to be sworn before any Justice of the Peace, that such moiety or other portion of party fencing has been erected at the costs therein

mentioned on or in respect of the adjoining allotment therein described, Afidavit may be in conformity with the provisions of this Act; to which affidavit shall registered in be annexed a certificate, under the hands of two respectable houseRegistry of Deeds, &c.

holders, certifying that such costs are according to the market prices of fencing labour and materials; and every such affidavit and certificate may be registered in the office of the Registrar of Deeds and Transfers.

7. And be it further enacted that the costs sworn to in any such become a charge affidavit shall, from the time of such registration thereof as aforesaid,

, with interest become a charge, in the nature of a mortgage debt, on the allotment

described in such affidavit; and shall bear interest after the rate of ten pounds for one hundred pounds by the year, to be raised, if not sooner paid, at the same time and in the same manner as the said costs.

8. And be it further enacted that if any such costs as aforesaid paid the land

shall not be paid on or before the expiration of twenty-four calendar charged therewith may be sold months from the date of registration thereof, together with all interest

due thereon, the party expending the same may, after fourteen days' notice in the ‘Government Gazette,' require any Government Auctioneer

to sell the allotment charged with such costs. Governor may 9. And be it further enacted that it shall be lawful for the

Governor, or other Officer for the time being administering the tion of dividing

Government of the said Colony, to order the erection, at the public streets, &c., and private allot expense in the first instance, of any common boundary fence between

a street or highway, and any town allotment not being fenced in the time and manner prescribed by the conditions and regulations

under which such allotment was granted; and the costs of every registered

such fence, so erected as last aforesaid, being estimated according to the market price of labour and materials, shall be certified, together with a description of the allotment thereby fenced off, under the hand of the Government Resident, or other Officer under whose

Such costs shall

If such costs not

order the erec

fences between

ments

Costs thereof certified and

Trespass (Fencing)

land

may be sold

erect fence

superintendence the same shall have been erected, who shall cause such certificate to be registered in the office of the Registrar of Deeds and Transfers; and from the time of registration of such certificate, To become a such costs shall become a charge on the allotment described in such charge on the certificate ; and if such costs shall not be paid to the Collector of ment Colonial Revenue, on or before the expiration of twelve calendar months from the date of such registration, it shall be lawful for the If not paid the Governor, or other Officer for the time being administering as aforesaid, to direct any Government Auctioneer to sell such last-mentioned allotment by public auction after fourteen days' notice in the said "Gazette.'

10. And be it further enacted that the proprietor or tenant of a The proprietor, town or suburban allotment next adjoining to ground belonging to dreadjoining His Majesty (not being reserved for any special purpose) may, at Crown land may pleasure, erect the common boundary fence between such allotment and such adjoining Crown land, and may require in writing the person who shall subsequently obtain a grant from His Majesty of, or license to occupy, such adjoining Crown land, to appoint in writing an arbitrator for the purpose of awarding (together with an arbitrator to be in like manner appointed by the party making such requisition) the proportion to be paid by such subsequent grantee or occupant of the value of such fence; and in case the party to whom any such requisition as last Mode of recoveraforesaid shall be addressed shall not, within fourteen days after service in the proportion thereof, appoint an arbitrator in conformity therewith, the Government such fence Resident of the town site in or nearest to which such adjoining Crown land shall be situate (or any neighbouring Justice of the Peace, in case there shall be no Government Resident at such town site, or such Resident shall be sick or absent) shall, on the application and together with the arbitrator of the party making such requisition as last aforesaid, determine under their respective hands the proportion of the value of such fence to be paid by the party obtaining such grant or license of occupation; and a copy of such determination shall be served on the same person and in the like manner as any such last-mentioned requisition; and every such award or determination as last aforesaid may registered in the Office of Deeds and Transfers; and the proportion or sum thereby awarded to be paid shall, from the date of such registration, become a charge in the nature of a mortgage debt on the land so granted as last aforesaid, and shall bear interest after the rate of ten pounds for every one hundred pounds by the year ; and if such proportion or sum, together with all interest due thereon, be not duly paid within twenty-four calendar months after registration thereof, the party entitled to receive the same may, after fourteen days' notice in the said 'Gazette, call upon any Government Auctioneer to sell the land charged therewith by public auction.

11. And be it further enacted that the proprietor or tenant of any Mode of recovertown or suburban allotment, who shall have erected, before the com- of the costs of mencement of this Act, at his or her sole expense, the whole of any party fencing common boundary fence between such allotment, and any next adjoining the date of this ground, whether within or without any town site, shall be entitled to recover against the proprietor of such last-mentioned land, a proportion of the value of such last-mentioned fence, by such and the like mode of proceeding as is hereinbefore provided and directed for recovering a

be

Act

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