Towns improvement amendment (1855) (WA)

WESTERN AUSTRALIA.

ANN DECIIII0 NON° MORE REGIME.

No. H.

An Ordinance to amend the Towns Im- provement Amending Ordinance, 15th Victoria, No. 9.

WHEREAS an Ordinance was passed in the 15th year of herpresent Majesty Queen Victoria, No. 9, repealing an Ordi-

nance, No. 26, 14th Victoria, and making other provisions in lieu thereof; and whereas it is ,expedient to amend some of those pro-

visions, and to establish a more moderate scale of fines and punish-

ments

19th Viet. No. 2. 1855,

ments than those therein contained ;—Be it therefore enacted, by His Excellency the Governor of Western Australia and its Depend- encies, by and with the advice and consent of the Legislative Council thereof, that clauses VI and VII of the said recited Ordinance be and the same are hereby declared to be repealed, and that the following do stand in lieu thereof as such clauses respectively, namely:—.

THAT if any person whatever, through negligence or care- lessness, shall fire, or caused to be -fired, any dwelling house, or out- house or houses, or other buildings, situate in any of the towns un- der the operation of this Ordinance, such persons, he, she, or they, being free persons, and being thereof lawfully convicted by the oath or oaths of some one or more credible witness or witnesses before two or more of Her Majesty's Justices of the Peace in Petty Sessions assembled, shall forfeit and pay a sum not ex- ceeding thirty pounds, to be paid to the said bench of Magistrates, to be distributed among the sufferers by such fire, in such propor- tion as to the said bench of Magistrates shall seem just ; and in case of default or refusal to pay the same immediately after such con- viction, or at such time as the convicting Justices shall appoint, then, and in such case, such person shall, by warrant under the

VI.

MAIL Six months, free hand and seal of such Justices, be committed to the common gaol

or house of correction, as the said bench of Justices shall deem fit, for a space not exceeding six calendar months, with or without hard labour, at the discretion of the said Bench ; and if convicts, to be worked on the road or other public works for a period not exceed-

Twelve months,ing twelve calendar months, with or without chains, at the discre-

convict. tion of the bench of committing Justices.

THAT in every case in which it shall be made to appear to the satisfaction of any two or more Justices of the Peace for the said colony, that the chimney of any house or building within any of the limits of the said towns has taken fire from the occupier of any such house or building having omitted to cause such chimney to be regularly and sufficiently swept and cleaned, or from any other neg- lea of such occupier, or his or her servant or servants, such occu- pier shall, on conviction before any such Justices, -forfeit and pay,for every such offence, any sum not exceeding forty shillings, to be re- covered by distress and sale of the offender's goods and chattels ; one moiety thereof to be paid to the person informing, and the re

VII.

a-	-mainder into the hands of the Colonial Treasurer, to be appropri
ted

1855.                19th Viet. No. 2.

ted to the use of Her Majesty, her heirs and successors, for the public uses of the said colony, and the support of the Government thereof.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council this

JOth day of September, 1855.

A. O'GRADY LEFROY,

Clerk of the Council.

PERTH, WESTERN AUSTRALIA: PRINTED BY AUTHORITY OP THE GOVERNMENT, BY STIRLTNG,

mon & camrearr.