Item 1909/0005

State Records Archive
Consignment: 652
Item: 1909/0005
Title: Thomas Byass and wife and Migebung – recognisance entered between – for return Marble Bar
Keywords: Migebung, Rosie, Thomas Byass, labour, Marble Bar

[Proforma government form]
The Aborigines Act, 1905 (Section 9)
Know all men by these presents that I, Thomas Byass, of Marble Bar, hereby bind myself to the Chief Protector of Aborigines for the payment to him of the sum of twenty pounds.
Sealed with my seal this 14th day of December, 1908
Whereas the above-named Thomas Byass has applied to the Chief Protector of Aborigines for authority to remove Migebung alias Rosie, an aboriginal, from Marble Bar to Perth.
Now the above written obligation is conditioned to be void in case the above bounden Thomas Byass on or before the 30th day of June 1909 returns the said Migebung alias Rosie to the place from which she is to be removed, and defrays the expense of such return, or else to stand in full force and virtue.
Signed T R Byass
Witnessed Percy C Riches, Acting Resident Magistrate

To Resident Magistrate Marble Bar
Subject: Thomas Byass and Ab Nat Migebung
Why was recognisance entered with Thomas Byass and Native woman Migebung. Is Byass married and does Migebung accompany his wife?
Chief Protector of Aborigines

To Chief Protector of Aborigines
Yes, Byass is married and Mijebung [sic] has gone to Perth with Mrs Byass
P C Riches

Katitjin Notes:

Aborigines Act 1905, Section 9:
Any person who, without the authority, in writing, of a protector, removes or causes to be removed any aboriginal, or a male half-caste under the age of sixteen years, or a female half-caste from one district to another, or to any place beyond the State, shall be guilty of an offence against this Act.
Before such authority is given the person desiring such removal shall enter into a recognisance with a surety or sureties, at the discretion to defray the expense of the return of such aboriginal or half-caste to the place from which such aboriginal or half-caste is to be removed…
A recognisance may be renewed from time to time at the discretion of the Chief Protector.
The protector may, in his discretion, dispense with such recognisance in any particular case.

Thomas Robert Byass (1865 – 1928) was a Yorkshireman who emigrated in 1888 with his brother. The two men founded the Bamboo Creek gold mine in the Marble Bar area in 1892. Byass also operated stores and hotels in the region, ran racehorses and became a JP. He married Emma Cavanagh in 1895 in Roebourne and raised a family of six children in Marble Bar.

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