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2-030 (Text)

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addressee author,male,Legislative Act,un
Legal Document
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Government English
Legal English
Bennett, 1979
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2-030-plain.txt — 5 KB

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By His Excellency James Stirling, Esquire, Captain in the Royal Navy and Lieutenant-Governor of His Majesty's Settlement in Western Australia:
Whereas His Majesty having been pleased to command that a settlement should forthwith be formed within the territory of 'Western Australia', and whereas with a view of effecting that object an expedition having been prepared and sent forth, and in accordance with His Majesty's pleasure the direction of the expedition and the government of the proposed settlement having been confided to me, and whereas in pursuance of the premises possession of the territory having been taken, I do hereby make the same known to all persons whom it may concern, willing, and requesting them duly to regulate their conduct with reference to His Majesty's authority, represented in me, as good and loyal subjects ought to do, and to obey all such legal commands and regulations, as I may from time to time see fit to enact, as they shall answer the contrary to their peril.
And whereas by the establishment of His Majesty's authority in the territory aforesaid, the laws of the United Kingdom as far as they are applicable to the circumstances of the case, do therein immediately prevail and become security for the rights, privileges, and immunities of all His Majesty's subjects found or residing in such territory, I do hereby caution all to abstain from the commission of offences against the King's Peace or the laws of the realm upon pain of being arrested, prosecuted, convicted, and punished in the same manner and to all intents and purposes as is usual in similar offences committed in any other part or parts of His Majesty's Dominions subject to British law.  And whereas for the aids of justice and the preservation of peace I may hereafter see occasion to nominate and appoint a properly qualified person to execute the office of Sheriff of the territory, having under his direction responsible individuals filling the offices of High Constable, constables, bailiffs, and surveyors of high ways. And whereas I may hereafter see occasion to issue a commission to certain discreet persons to proceed to the cognizance of offences against the laws; to hear and determine complaints of injury; to commit offenders for further trial to the custody of the Sheriff; and to conduct themselves in the execution of their office according to such mode of proceeding as Justices of the Peace may lawfully adopt; I here command and require that due obedience and respect be shewn to all such persons in their several places and jurisdictions.
And whereas the protection of law doth of right belong to all people whatsoever who may come or be found within the territory aforesaid, I do hereby give notice that if any person or persons shall be convicted of behaving in a fraudulent, cruel, or felonious manner towards the aborigines of the country, such person or persons will be liable to be prosecuted and tried for the offence, as if the same had been committed against any other of His Majesty's subjects.
And whereas the safety of the territory from invasion and from the attack of hostile native tribes may require the establishment of a militia force which on emergency may be depended on to assist His Majesty's regular troops in the defence of the laws and property of the inhabitants of the territory, and moreover the efficiency of such an armed body, depending wholly on its organization, discipline, and preparation for service, all male persons whatsoever, between the ages of 15 and 50, are hereby required to enrol themselves in the muster roll of the militia of the county in which they may reside, and to observe that the days for muster and exercise, and the names of the officers whom I may see fit to appoint to command them will be duly notified, and that on proof of their disobedience to such officers or of negligent performance of the duties required of them, they will be subject, in the absence of martial law, to a pecuniary fine and to imprisonment until the same shall be liquidated.
And whereas His Majesty having been graciously pleased to confide to me the power to make all necessary locations, and to grant unoccupied lands within the aforesaid territory under such restrictions as are or may be contained in the several instructions issued or to be issued to me by authority of His Majesty's Government, I do hereby give notice that the conditions and existing regulations under which Crown Lands will be granted will be exhibited to public inspection at the offices of the Secretary to Government, and of the surveyor of the territory, subject to such alterations and amendments as may from time to time be ordered, and all persons desirous of obtaining lands or of becoming settlers for any other purposes in this territory, are, as soon as may be practicable after their arrival in this settlement, to appear at the office of the Secretary to Government, and there to make application for permission to reside in the settlement, and all persons found at large without having obtained such permission will render themselves liable to be committed to custody, and all persons in like manner who may intend to quit the colony are to give a week's notice of their intentions to depart, upon pain of being liable to be apprehended and detained and of rendering the master of the ship in which they may be about to depart subject to a fine as set forth by the Port Regulations.