Page:A colonial autocracy, New South Wales under Governor Macquarie, 1810-1821.djvu/22

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xviii
DOCUMENTS


2. Courts to be Courts of Record. All pleas, Civil, Criminal or mixed, and Jurisdiction in all cases whatsoever.

3. Courts to have jurisdiction over Piracies and Offences committed at sea or in islands in India or Pacific Ocean.

4. Trial for crimes, misdemeanours and other offences cognisable by Court to be prosecuted by information and tried by Judge and seven Officers of Army or Navy. If there are not seven Commissioned Officers, Magistrates to be appointed who may be challenged.

5. Actions at Law to be tried by Chief Justice and two Magistrates. Right of challenge given.

If parties desire a Jury of twelve such Jury may be empanelled. Chief Justice is to be the Judge of the Law in all cases.

6. Qualification of Jurors is to be freehold of fifty acres or freehold dwelling of £300 value.

7. His Majesty by Order in Council may extend Jury Trial.

8. Supreme Court to have Equitable and Ecclesiastical Jurisdiction.

9. If amount of suit is above £500, appeal to be allowed to Court of Appeals.

10. Court of Appeal in New South Wales to consist of Governor assisted by Chief Justice of Van Diemen's Land. Similar Court for Van Diemen's Land.

11. Appeal from this Court to Privy Council under regulation by Charter or Letters Patent from His Majesty.

12. Courts of Session to be established with Summary Procedure and carefully defined Powers. To have jurisdiction in Criminal cases short of capital.

13. Courts of Request to be established for hearing Civil Suits under £10. Commissioner to preside. Paid by salary not fees.

14. Council to be established called a Legislative Assembly with power to make laws. To be appointed by Warrant by His Majesty.

15. His Majesty in Council may establish any Law dissented from by the Council.

16. No tax to be imposed by Governor and Council except for local purposes.

17. 59 Geo. III., cap. 114 made perpetual.

18. All laws to be laid before Chief Justice for his certificate that they do not contravene the Law of England.

19. All laws to be transmitted to His Majesty within six months.

20. Laws and Orders in Council to be laid before Parliament.

21. Pardons already given to convicts by Governors to have same effect as pardons under Great Seal.

22. In future pardons must be transmitted to His Majesty for approbation or allowance. Afterwards may have effect within New South Wales as if under Great Seal.

23. Any convict unduly returning to be punished by death.

24. Persons assisting convicts to escape to be guilty of misdemeanour. Penalty £500, or imprisonment for two years.

25. 2 Geo. II., cap. 36, extended to New South Wales.

26. Artificers, etc., may enter into indentures to serve any persons in or about to go to New South Wales.

27. Persons to whom they have contracted may maintain actions against any other persons employing them.