Pearl Shell Fishery Regulation Act 1875 (WA)

WESTERN AUSTRALIA

ANNO TRIGES11110 NONO

VICTORTefi REGINZE

No. 13

An Act to make further provision for the regulation of

the Pearl Shell Fishery.

[Assented to 31st December, 1875.

Preamble	VxTIIEREAS it is expedient to make further provision for the
regulation of the Pearl Shell Fishery so as to provide for the more effectual protection of the persons engaged therein, and to amend The Pearl Shell Fishery Regulation Act, 1873 ' : 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 :-
Short title	1. This Act may be cited for all purposes as The Pearl Shell Fishery Regulation Act, 1875.'

(4overnor to 2. From and after the passing of this Act, it shall be lawful for

make regulatior	the Governor in Executive Council from time to time to make regu- lations with regard to the mode in which, the times at which, and the circumstances under which, diving for pearl shells may be or shall not be carried on, and with regard to the persons whom it shall be .
unlawful to employ therein, and also with regard to the accommodation to be afforded in the ships to be employed in connection therewith, and the provisioning of the same, and the number of persons to be carried in the same, and the said regulations from time to time to alter vary or repeal

39 VICTORIIE. No. 13

Aborigines

3. Any such regulations shall, when made, be published in the Regulation, to

Government Gazette,' andshall come into operation from and after the !Uv"ebrliti'5,1„1,t,'"

expiration of two calendar months from such publication. Provided Gazette' session of the said Council.

always that a copy of such regulations shall be laid on the table of the

4. Any person violating any of the said regulations shall be guilty Penally for

of an offence ; and such offence shall be cognizable in a summary manner `,:g1,'sthig `"°`°"-

by any two Justices of the Peace, and shall subject the offender to a

fine or penalty not exceeding Twenty pounds.

5. No master of any ship or vessel or any other person shall carry No per t?

to sea or employ any aboriginal native of the said Colony in the Pearl „2,,°,11„‘.01`;,',t; Shell Fishery, except he shall have entered into a separate written pearishellnilytim

agreement with him and had the same endorsed as in the said recited Itiol tam: le.11C‘onit,

Act mentioned. Any such master or other person who shall carry to Ter agm'

sea or employ any such aboriginal native as aforesaid, without having

entered into such agreement and having the same endorsed as in the

said recited Act mentioned, shall be guilty of an offence, and every such

offence shall be cognizable by any two Justices of this Colony, who

shall, on proof thereof, inflict upon the offender a fine or penalty not Penalty

exceeding Ten pounds. Provided always that no person shall be liable Proviso

to be punished under this section for carrying any aboriginal native to

sea without entering into an agreement and having the same endorsed

pursuant to the provisions of the said recited Act, if he can show to the

satisfaction of the said Justices that he carried such native to sea with

the consent of such native, and solely for the purpose of bringing him

with all convenient expedition before a Justice of the Peace or police

constable or other person duly appointed by the Governor to endorse

agreements made under the said recited Act, with a view to entering

into an agreement with such native and having it endorsed pursuant to

the provisions of the said recited Act.

6. Section 3 of The Pearl Shell Fishery Regulation Act, 1873,' shall Section 3 or `The P btell l

be and the same is hereby repealed. Fishery Rearlegnia- Hon Act, 1873;

WILLIAM C. F. ROBINSON, repea/ed

GOVERNOR.