Page:Handbook of Western Australia.djvu/148

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130
Western Australia.

the provisions of the Jury Act (1871). Prisoners may defend themselves or be defended by counsel, and any one admitted as a practitioner in the Supreme Court may practise either as Counsel or Attorney.

With respect to civil cases there is, in the district of each Resident Magistrate, a Local Court or Courts constituted under 27th Vict., No. 21, after the model of the English County Courts. In these the Resident Magistrate presides, with such other Justices of the Peace as may attend. The practice, procedure, and jurisdiction of these Courts are the same as of English County Courts as originally constituted.

The Supreme Court has also Civil Jurisdiction both at Common Law and in Equity, all actions being triable there with or without a jury, at the option of the parties. The Supreme Court is also a Court of Vice-Admiralty, of Probate and Divorce, and of Bankruptcy.

The Supreme Court has its regular staff of officers, besides the Chief Justice and the Attorney General. These are the Crown Solicitor, Registrar, Master, Bankruptcy Officer, Sheriff, Bailiff, &c.

Thus it appears that the entire judicial system of the Colony is based on that of England.

The three Resident Magistrates at Geraldton, Albany, and Roebourne have the titles and precedence of Government Residents, and there are also Resident Magistrates at Bunbury, Busselton, Fremantle, Greenough, Murray, Newcastle, Swan, Williams, and York. There is a Police Magistrate at Perth, who holds a weekly Court at Guildford.

Police.—The Police Force is commanded by a Superintendent, and consists of 20 officers, and 137 mounted and foot constables, of whom 40 are aboriginals.