Police amendment (1864) (WA)

WESTERN AUSTRALIA,

AN NJ V .0E3E410 OCTAVO

YICTORIIE REGINA:.

**Ve**0 46** *********** *********0****0********* W*****a***

No. XII.

AN ORDINANCE to amend the " Police Ordnance,

1361."

[11th July, 1364.]

HU/FAS it has been found expedient to extend the right of Preamble.

for consolidating and amending the Laws relating to the Police inWappeal allowed by the Ordinance entituled " An Ordinance

Western Australia, and for removing and preventing Nuisances and Obstructions therein," and otherwise to amend the said Ordnance; 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. IN every case of summary order, conviction, or award:imposed Appeal extended to all imp risen-

or made by or before any Justice or Justices under the said recited m	atsts,e -'	and
Ordinance, any person who shall feel himself aggrieved by the order, conviction, or award, may appeal to the Supreme Court -of the said Colony at any sitting thereof held within Six calendar months after such order, conviction, or award ; Provided that written notice of
such appeal be given by the appellant to the Justice or Justices from
whose order, conviction, or award such appeal shall be made, within

28° VICTORIZE, No. 12.

Police Ordinance Amendment.

seven days after such order, conviction, or award, and that such appellant deposit with such Justice or Justices such sum as such Justice or Justices shall deem sufficient, not excee..ing ten pounds, for the purpose of securing the costs of such appeal, or enter into a recognizance to that amount with two sufficient sureties, conditioned personally to appear at or before the Supreme Court to try such ap- peal, and to abide the further judgment of such Supreme Court, and to pav such costs as shall be by such Court awarded, and the Justic3 or Justices by whom such order; conviction, or award shall have been made shall bind over the witnesses who shall have been examined, in sufficient recognizances, to attend and be examined at the hearing of such appeal, and every such witness shall be allowed compensation for his time, trouble, and expellees in attending the appeal, to be paid in the first instance by the Colonial Tre9surer, in like manner as witnesses attending to give evidence on Criminal trials are paid, and in case the appeal shall be dismissed, and the order, conviction, or award affirmed, the reasonable expences of all such witnesses atten- ding as aforesaid, 'to be ascertained by the Court, shall be repaid to the Local Government by the appJlant.

Certiorari restored Any order, judgment, warrant, or other proceedings made or purporting to be made under or concerning the conviction of any 2.

offender against the said recited Ordinance, may be removed by certiorari, or by any other writ or process, into the Supreme Court, anything in the said recited Ordinance contained to the contrary notwithstanding.

Persons annoying foot S. THE Sixteenth paragraph of the fifty ninth section of the

passengers.

said recited Ordinance is hereby repealed, and the following section

substituted therefor:

EVERY person who shall stand or loiter about to the annoyance of the passers by, or who shall interfere with or impede the free passage of foot passengers.

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council,

this 11th day of July, 1864

G. E. HAMPTON,

Clerk of the Council.