Page:The Perth Gazette and Western Australian Journal 1(7).djvu/1



NEW SERIES

SATURDAY, FEBRUARY 16th. 1833

His Honor the Lieutenant Governor directs the undermentioned copy of an order which has been passed by the King in Council to be published for general information.

By His Honor's Command PETER BROWN, Colonial Secretary.

''At the Court of St. James's the 27th. of June 1832.''

WHEREAS by an act passed in the Sixth year of the reign of His late Majesty King George the Fourth, intituled an act to regulate the trade of the "British possessions abroad" it is amongst other things enacted, that it shall be lawful for the Officers of Customs to go on board any ship, in any port in any British possession in America, and to rummage and search all parts of such ship for prohibited and uncustomed goods, and also to go on board any ship hovering within one league of any of the Coasts thereof, and in either case freely to stay on board such ship so long as she shall remain in such port or within such distance, and if any such ship be bound elsewhere and shall continue so hovering for the space of twenty four hours after the Master shall have been required to depart, it shall be lawful for the officer of the customs to bring such ship into port, and to search and examine her cargo, and to examine the Master on oath, touching the Cargo and voyage, and if there be any goods on board prohibited to be imported into such possession, such Ship, and her cargo shall be forfeited, and if the Master shall not truly answer the questions which shall be demanded of him in such examination, he shall forfeit the sum of One Hundred Pounds, and whereas it doth appear to His Majesty expedient and salutary that so much of the said act as is herein before recited should be extended to, and be in force within His Majesty's Colonies of New South Wales and Van Diemens Land, and Western Australia. And whereas it is by the said Act further enacted that it shall be lawful for His Majesty by and with the advice of his Privy Council by any order or orders in Council to be issued from time to time, to give such directions, and make such regulations touching the Trade and Commerce to and from any British possessions, on or near the Continent of Europe, or within the Mediterranean Sea, or in Africa, or within the limits of the East India Company's Charter, (excepting the possessions of the said Company) as to His Majesty in Council shall appear most expedient and salutary, and that if any goods shall be imported or exported in any manner contrary to any such order of His Majesty in Council, the same shall be forfeited, together with the ship importing or exporting the same. Now therefore His Majesty, by and with the advice of his Privy Council, and in pursuance and in exercise of the powers vested in him, as aforesaid, doth order, and it is hereby ordered, that so much of the said act, as is first hereinbefore recited, shall extend to and be in force in His Majestys said Colonies of New South Wales, and Van Diemens Land, and Western Australia, and the same it hereby extended to the said Colonies accordingly.

And the Right Honorable the Lords Commissioners of His Majesty's Treasury, and the Right Honorable Viscount Goderich, one of His Majesty's principal Secretaries of State, are to give the necessary directions herein, as to them may respectfully appertain.

(Signed) WILLIAM BATHURST

Notice is, hereby given, that Mr. J. Duffield, has applied at this office for permission for himself and family to leave the Colony, by the "Jolly Rambler." By His Honors Command PETER BROWN, Colonial Secretary.

His Honor the Lieutenant Governor directs it to be notified that His Majesty's principal Secretary of State for the Colonies, has been pleased to confirm, Alexander Collie Esquire, in his appointment of "Colonial Surgeon."

By His Honors Command PETER BROWN, Colonial Secretary.

As much misapprehension appears to prevail with respect to the object and effect of the "permission" required to be obtained from the Local Government by persons desirous of leaving the Colony, His Honor the Lieutenant Governor considers it expedient to issue the following explanatory notice on the subject.

The only objects contemplated in requiring an express permission to leave the Colony, are to prevent fraudulent surprises upon Creditors, by insuring to them reasonable notice of their debtors intended departure; and to furnish Masters of Vessels about to sail from the Settlement, with the means of ascertaining those, among applicants for passages, whom they would be safe in receiving, under the Colonial Port regulations. But such permission does not in the least alter, or affect the legal rights and liabilities of the respective parties, does not exempt the debtor from any legal process, to which he was before subject. Should a Creditor defer proceedings in a wilful and oppressive manner until the eve of his debtors departure, the latter must seek his remedy in the Civil Court: in the discretionary powers of which Court, he will no doubt find ample protection, on an application supported by affidavit, to set aside the proceedings of his Creditor as vexatious and malicious.

From the date of this notice no permission to leave the Colony (except under very special circumstances) will be issued by the Colonial Secretary, unless applied for in such time as to enable that officer to give fourteen days notice of the intended departure in the Government Gazette. By His Honors Command PETER BROWN, Colonial Secretary.

His Honor the Lieutenant Governor has been pleased to approve of the undermentioned rates being levied at the Fremantle Ferry, and directs them to be published for general information.

By His Honors Command PETER BROWN, Colonial Secretary.

An additional half Fare to be charged on Sundays.

The Ferry hours between the 1st. of October and the 1st. of April, to be from 6 in the morning, until 8 in the evening, and from the 1st. of April to the 1st of October from 7 in the morning until 6 in the evening.

Ferry Rates to be double the above, if before or after these hours.

His Honor the Lieutenant Governor directs the following copy of a circular, which has been received from the Right Honorable Lord Viscount Goderich, His Majestys principal Secretary, of State for the Colonies, to be published for general information.

By His Honors Command PETER BROWN, Colonial Secretary.

Downing Street August 31st. 1833.

To GOVERNOR STIRLING &c, &c. &c. Sir,

I have to desire that the following regulations may be promulgated and enforced as standing orders of your Government.

First.-Civil of Judicial Officers, or Servants of the Government of Western Australia, who may receive leave to return to Europe upon the plea of ill health, or of urgent private affairs, are to be allowed. to draw one moiety of their respective salaries, and no more, during the actual period of their absence from the Colony, and the other moiety of such salaries shall be retained in the public Treasury, and carried to account of the Public Revenue, under the head of savings accrued from salaries of Officers absent on leave.

Secondly.-It shall rest alone with the Governor, or Lieutenant Governor for the time being to determine the mode in which the duties of absent officers shall be performed until their return to the Colony.

In principle it is desirable that the duties of absent Officers should be performed by the Officer next in the order of appointment in their own respective departments, but as it may not be found practicable in all cases to act upon that rule, it is still to rest with the Governor, or Lieutenant Governor for the time being, to select the Officers, of Government to whom they shall think proper to entrust the duties of the absent officers.

Thirdly-It is to be distinctly understood that in no case are officers acting for others absent to be allowed to demand or receive any remuneration from such absent officers, nor are they to be considered entitled to receive the undrawn portions of absent officers salaries.

It shall nevertheless be competent for the Governor or Lieutenant Governor for the time being to grant to officers having acted for absent officer, a reasonable allowance or gratuity which is not in any case to exceed in one year a fourth part of the whole amount of the respective salaries of the absent officers, provided only that the Governor or Lieu- tenant Governor, for the time being shall certify to the Secretary of State that such extra allowance or gratuity has been granted in reward for meritorious exertions or useful services.

ALL Persons having any claims on or indebted to me, are requested to send in and settle their accounts immediately, as I am agoing to leave the Colony by the Jolly Rambler.

J. Duffield. Fremantle, February 14th, 1833.

Strayed from Coolstor___ Swan, about the 15th. January, ___ay Mare, with Black Points, Top Tail and Mane, about 13 hands high, rising 4 years old.

A reward of Five Pounds will be given on delivery of the said Mare, to, 63rd. Regt.