Pearl Shell Fishery Regulation Acts Amendment Act 1887 (WA)

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO PRIMO

VICTORIA REGIN}E

No. 18

An Act to further amend The Pearl Shell Fishery

Regulation Acts, 1873 and 1875.'

[Assented to 20th August, 1887.

HEREAS it is expedient further to amend the said Acts : Be it Preamble

enacted by His Excellency the Governor of Western Australia

and its Dependencies, by and with the advice and consent of the	W
Legislative Council thereof, as follows :—

1. That this Act may be cited as The Pearl Shell Fishery Regu- start title

lation Acts Amendment Act, 1887.'

2. That notwithstanding the repeal by The Pearl Shell Fishery Partial revival

Regulation Act, 1875,' of the third section of The Pearl Shell Fishery;`, :Tutecira t=thrl SI1111

Regulation Act, 1873,' the following words in the said repealed section, FIsherY EMI)°,

namely :—‘ From and after the passing of this Act no master of any 'talon Act, I/37	'	3.1
ship or vessel or any other person shall employ any aboriginal native of the said Colony in the pearl shell fishery except he shall have entered into a separate written agreement with him and had the same endorsed as hereinafter mentioned,' shall be and are hereby revived and're-enacted, and shall be read and construed together with the unre- pealed parts of the said Act of 1873, save only that the words, after the passing of this Act,' in the said section, shall relate to the passing of this Act.

51 VICTORIA. No. 18

The Pearl Shell Fishery Regulation Acts Amendment Act, 1887

Officers wise may 3. That the fifth, sixth, eighth, and ninth sections of the said Act

emamdoLse Agree- of 1873, and the proviso in the fifth section of the said Act of 1875,

shall be read and construed as if, in lieu of the persons therein men- tioned, there had been named the Inspector of Pearl Fisheries, a Resident Magistrate, a Protector of Aborigines, and a Justice of the Peace ; and the Form of Endorsement given in Schedule B of the said Act of 1873 shall be amended by the substitution of

Inspector of Pearl Fisheries,

Resident Magistrate,

Protector of Aborigines,

Justice of the Peace,

in lieu of

Police Constable,

One of the persons appointed to ensure the carrying

out of The Pearl Shell Fishery Regulation Act,

1873.'

As to sending	4. That the ninth section of the said Act of 1873 shall be amended And any person convicted of such offence may be ordered by the convicting Justices, at his own expense, to convey such native back- ` the place or district to which such native belongs, by such route as to the said Justices shall seem fit or may be required by the said Justices, in addition to and not in substitution for such fine or penalty, to pay such further sum as to the said Justices shall seem fit for the purpose of paying for such conveyance of such native, and such further sum shall for all purposes be and be deemed to be added to the said fine or penalty, so as to become a part thereof ; provided such fine or penalty, together with the said sum, shall not exceed Fifty-five pounds.'
Aboriginal back
to his own	by the addition thereto of the words following
District
Provided always that the payment of such sum shall not be in substitution for, but may be in addition to, any sentence of imprison- ment that may be inflicted by any Justice or Justices under the provisions of the twenty-ninth section of The Aborigines Protection Act, 1886.'
Officers who may

board vessels twelfth sections of the said Act of 1873 may be exercised not only by

5. That the powers given to certain persons by the eleventh and

such persons but also by the Inspector of Pearl Fisheries, a Resident

Magistrate, or a Protector of Aborigines.

VIM Act to be

read with Acts 6. That this Act shall be read and construed, as far as is consistent-

of 1873, MTh,

with the tenor thereof, with The Pearl Shell Fishery Regulation

and 1883,

Acts, 1873, 1875, and 1883 ' ; and shall come into operation on the

first day of January next.

F. NAPIER BROOME,

GOVERNOR.