Removal of Guano Act 1876 (WA)

40 VICTORIIE. No. 9

Removal of Guano—Trespass on Crown Lands

WESTERN AUSTRALIA

ANNO QUADRAGESIâIO

VICTORLE REGIItd

No. 9

An Act to make further provision for the punishment of persons trespassing on certain portions of the Crown Lands in Western Australia.

[Assented to 12th September, 1876

HEREAS it is expedient to make further provision for the Preamble

Wdeposits of guano existing in certain remote parts of the Colony ;punishment of persons landing and taking away certain

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 word guano ' shall include all phosphorated substances, gypsum, dung, compost, and manure of any kind.	Interpre
clause
2. Any person collecting or removing guano on or from any place forming part of the territorial dominion of Western Australia, without	Persons remov-
ing guano with-out a license
being duly licensed thereunto by the Commissioner of Crown Lands,	punishable
or some person authorised by him in that behalf, shall, irrespectively of any liability or penalty that he may thereby incur under any Law, Act, or Ordinance now in force, be guilty of a misdemeanour, and shall, on conviction thereof, be punishable with imprisonment, with or without hard labour, for any period not exceeding twelve calendar months.
3. It shall be lawful for any officer of Her Majesty's army or navy (being on full pay) or for any principal officer of customs, or Collector	Power to certain
persons to seizeships engaged in
of Revenue, or Justice of the Peace, to seize any ship (together with	removing guano
her tackle, apparel, furniture, and everything on board her) at any place within the limits of the Colony that may be engaged in collecting guano on any part of the waste lands aforesaid, without a license, and to bring such ship, together with her tackle, apparel, furniture, and everything on board her, to the port of Fremantle, and to there keep possession of her, her tackle, apparel, furniture, and everything on board her, for the space of six weeks, unless within that time an information be filed as hereinafter stated, in which case such officer, collector, or justice, as aforesaid, shall retain possession of the said ship, her tackle, apparel, furniture, and everything on board her, until the said information shall have been tried or otherwise dis- posed of.

4. It shall be lawful for the Attorney General, within six weeks Attorney Gene-

after any such ship shall have been brought into the port of Fremantle lel'elerngsleviTa-

as aforesaid, to file an information in the office of the Master of the view tocondern- n atio n of such

Supreme Court against the master and owners of the said ship, ship

40 VICTORLE. No. 9

Removal of Guano—Trespass on Crown Lands

charging that the said ship has been engaged in collecting guano on some part of the waste lands aforesaid, without a license as aforesaid, and has been seized under the provisions of this Act ; and in such information it shall not be necessary to name the said master or owners, but they may be described as the master and owners.

Power to Judge 5. At any time after the expiration of thirty days from the filing

to condemn ship	unless notice of any such information as aforesaid, it shall be lawful for any Judge
given to claim of the Supreme Court to declare the said ship, together with her said
me same tackle, apparel, furniture, and everything on board her, forfeited to the use of Her Majesty, unless in the meantime the owner of such ship, or of her said tackle, apparel, furniture, or anything on board her, or some person authorised by him, or acting in his behalf, shall give notice to the Master of the Supreme Court that he intends to claim the said ship, or her said tackle, apparel, furniture, or anything on board her, and shall give security for the payment of any costs. that may be awarded against him, in which case it shall not be lawful for the said Judge to declare forfeited anything that may be comprised in the said notice of claim.
being given,
On such notice 6. On any such notice and security being given as last aforesaid,
Attorney General the Attorney General shall proceed to have the said information tried
to proceed to
trio/ in the same way that informations are ordinarily tried, with all reasonable despatch, and at such trial it shall be lawful for the said person or persons who have given the said notice as aforesaid to. appear as defendant or defendants. If, on the trial of such informa- tion, in the Supreme Court, it be made to appear that the said ship claimed as aforesaid was engaged, as aforesaid, in collecting guano on some part of the waste lands aforesaid, without a license as aforesaid, or that the tackle, apparel, furniture, or other thing claimed as afore- said, belonged to, or was on board any ship engaged as aforesaid at the time she was so engaged, the said Judge shall declare the said ship, tackle, apparel, furniture, or other thing claimed as aforesaid, forfeited to the use of Her Majesty, and may make such order as to costs as may seem to him right.
Appropriation of 7. Any ship or thing declared to be forfeited under this Act to the
forfeitures use of Her Majesty, shall at once become and be the property of Her

Majesty, and shall be dealt with at the discretion of the Governor for the public use of the Colony.

When ship to be 8. Any ship shall, for all purposes of this Act, be deemed to be (r.) Has on board her any guano collected as aforesaid, by persons not licensed as aforesaid to collect and remove guano ; or

deemed to be

collecting guano	engaged in collecting guano on some part of the waste lands of the (ii.) Has within three calendar months brought to some island or place, forming part of the waste lands aforesaid, any persons who, not being licensed as aforesaid, shall have commenced to collect or remove guano on or from such island or place.
with out license	Crown in the Colony without a license, if she
Any guano that may be discovered on board any ship found within three miles of any island or place forming part of the waste lands

40 VICTORLE. No. 9

Removal of Guano--Trespass on Crown Lands

aforesaid on which guano deposits exist, shall be deemed to have been

collected on such island or place, unless the contrary be shown.

9. When a ship has been seized under this Act, and, within six compensation to

weeks after such ship is brought into the port of Fremantle as afore- e l'eti gt_ .

said, no information be filed by the Attorney General in the Supreme stances to owner

fang

Court, charging as aforesaid ; or when such information has been filed, if upon the trial thereof it appear that such seizure was without reasonable cause, or if proceedings on such information be abandoned and not prosecuted ; in any such case, when no judgment of forfeiture be obtained, compensation shall be paid to any person or persons for any loss or damage which he or they may have sustained by reason of the seizure and detention of the ship, her tackle, apparel, furniture, and anything on board. And all moneys so payable in respect of the seizure or detention as aforesaid, under this Act shall be paid from public funds, by warrant of the Governor on the Colonial Treasurer.

WILLIAM C. F. ROBINSON,

GOVERNOR.