SUMMARY OF THE NEW ACT.
[Anno nono, Georgii IV. regis, Cap. 88_An Act
to provide for the administration of Justice in New
South Wales and Van Diemen's land, and for the more effectual government thereof, and for other purposes relating thereto, 25th July, 1828.]'
His Majesty is empowered to establish courts of judicature in New South Wales and Van Diemen's land respectively, each court to be holden by one or more judges, appointed by the King, not exceeding three. In case of the absence or death of any of the judges the Governor may appoint a successor pro
tempore. 2o.The Supreme courts already constitut- ed are to continue as at present until others are ap- pointed. 3. These Supreme courts are also to be
courts of record, and to have cognizance of all pleas, as the courts of King's bench, common pleas and ex- chequer, at Westminster. 4. They shall also try all treasons, piracies, felonies, robberies, murders,
and other offences committed by a British subject, within the jurisdiction of the admiral ; or in New Zealand, Otaheiti or other place in the Indian or Pacific oceans. 5, The Attorney General may proceed by informations until jurifs aie const i tu ted. 0. Anv person by leave of the court» may exhibit a cùminàl information. 7. The King may authorize i|le (j0. vernor of New South Wales or of Van Diemen's land
to convene new courts. 8. I »sues are to he tried by one /A or more judge or judges, and by two assessors, jus lices of the peace, Humiliated by the Governor, with the same liability to challenge in open court as juron,
9. Persons to whom offenders are assigned cannot transfer them without the consent of the Governor.
10. His Majesty with the advice of council, nny authorize the Governors of New S'liith Wales and Van Diemen's land to extend and apply (he form of proceeding by grandor petit juries. 11. The Su- preme courts are »Iso courts of equity, and (12) of coelesiastical jurisdiction. 13. His Majesty may up. point circuit courts, 14. In trials where the sura at issue exceeds £500, the Judges shall cause the evi- dence to be taken doun in writing by the clerk or olhei proper olh'eer of the court, and repeated to (lia witnesses respectively, and the evidenoe so taken and ropcattd, shall be entend upon the proceeding of the court, anti in cases of appenl copies of such
papers shall be duly ceitititd, la. Persons wlii> ? fee' themselves aggrieved by the decisions of the court UKI y appeal to his Majesty in council. 16. The judges of ihe Supreme courts may make rules for re- gulating them, 17. The Governors may appoint coutts of (¿encrai niidqtiarter sessions, lind (l8) coutts of civil jurisdiction, and (I1.)) may settle forms of process and rules of practice.
20. Ii not being at present expedient to call a le- gislativa assembly in either of the colonies, it shall be lawful for His Majesty, by warrants under bis sign manual, to constitute and appoint a council of stich persons resident in each coloiiy respectively, not exceeding 15 nor less than 10, as his Majesty shall be pleaded to nominate and appoint. 21. Nei- ther of the councils shall be competent to net ui/ei two thirds, at the least, of the whole number on the list, exclusive of the Governoror presiding member shall he actually present. The members are to'make
law» and ordinances for the peace, welfare and good J Government of the colony, such laws not being re- ' ptignant to the present act, or to the laws of Bug-" land. " No law can he passed, unless the .same shall first be laid hythe Governor before the council, nor unless notice of the general objects of it shall luve been sent by the Governor to one or more of the newspapers fur insertion, eight clear days' at least brfoie such law shall be passed, or unie«*, in case there be no newspaper, such noiice shall be given by some other mode of public advertisement ; except when the Governor shall consider that actual danger would arise from the said delay of eight days, in which CHSe the low may be passed on the emergency. If s majority of the members present dissent from any law proposed hy the Governor, they must enter the grounds of (heir.dissent on the minutes of the council, then the proposed law shall not pass into a law. In case of the Governor refusing ts lay tlio proposal of a law before his council, he shall, on tim request of any member of the council, lay hetoicit a copy of his lefusal, with the proposal so refused re- cited verbatim, and any member disapproving of such refusal, may enter upon the minutes the grounds of his disapprobation. 22. The laws and ordinances shall be transmitted, «¡thin seven days, to the Su- prime court, to be enrolled, and after 14 days from
the date ol' such enrolment, the law or ordinance «ill take effect, unless the judges of the Supreme court shall have represented to the Governor that such law is repugnant lo ibis actor to the laws of England, then the Governor shall suspend such law, uutil ho has brought it, together willi the representation, un- der the review of toe council, and if upon such re- view the Governor still adhere to the pioposed law,
a written notice of such resolution shall forthwith be
transmitted by the Governor to the judges, and suoh
law shall thenceforward take effect and be binding' until ms Majesty's plensute be known, any repug- nancy, or supposed repugnancy notwiihstanding, and such judges are required to stale fully anti at length the grounds of their opinions ¡ which repre- sentation shall be transmitted by the Governor to the King through one of His Majesty's principal secreta- ries of stale. 23. The Governor sha'l pieside and vote at the sittings of the council, and when the votes
are equally divided ho shall have an additional or x casting vote. ?
24. Tho laws of England as far as they can be W applied, shall be applied in the administration of Jus- tice, and when a- doubt arises the Governor and council shall decide whether or not any law extends to the colony, and shall make such limitations and inodilicaiions as may be deemed expedient. -25. The Governorand council nre not to impose taxes but for locol purposes. 80. The act 59 Geo. 111. cap. 114. and the a«:l 3 Geo. IV. cap. 95, allowed c?rlaia pow- ers of taxation to the Governor are made perpetua!. 27. The powers vested in Governors by former acts continue in force, and the produce of duties is to be applied in such manner and for such purpose as the Governor may appoint by any law or ordinance, 21. Every law or ordinance so made as aforesaid, must be transmitted by the Governor within sis months, to «nu of his Majesty's principal secietones of state. 21). All laws and ordinances made in tho colonies, and all orders hy his Majesty iu pursuance of this act, shall be Iriid before parliament within six
weeks after the commencement of each session.
30. The members of council are justices of the peace, hy virtue of their office, and take the following oath, viz:-'« I do »wear that I will to tbebestofmrjudg' ment and ability faithfully advise and assist tlw Go- vernor of the colony of VanDiemcn'a land and its «.* pendencies, (or of N. S.W. See.) in ali such mat-
ters rw» shall be brought under my consideration as a , member of the council of the said colony. So help ^ rae God." 31. In case of death or resignation.«*
J the oouncil, Governors may appoint persons to «ot
I instead, until his Majesty's pleasure is known. .
32. The remission of the sentence of an offender has fall force and effect,1 though not included in a general pardon. , 33. All instruments in writing iboi timing (he term of transposition of«n offender, »hall be tiausmilted to his Majesty for his approba- tion, and such approbation or nllowanre being sig- nified hy the secretary of state, the instrument «ill then heroine valid. 34. Enacts a penalty of ,£000 or imprisonment for two years for aiding the esiiape of felons from the colony. 35. Servants mid artificers nnt under the ace of l8, may bind titPinselvcs by in- denture without a stamf). 30. Persons to whom artificers are bound may bring actions against par- ties concealint; or harbouring them, mid 37 the 'court of session or a justice ot the peace may pu- nish the violation of the indenture, 38-not however affecting contracts entered into by artificers with the Australian or the Van Diemen's land company. 39. This net takes effebt in the colonies on the 1st day of March, 1829. 40. In the absence of the Go- vernor the other officers are to act as such. 41 This act shall continue ¡ti force until the 3lst day of De- cember, 163(3, and until the end of the ensuing ses- sion of Parliament. '
Lord Combermere on his late visit to the King' of Delhi, wns graciously received, and after an inter- change of presents, his Majesty ronferred on him the dignities of the Fish and Kel tip-drum, the rank of Seven thousand, and eleven titles besides, among
which is " the Lord of the World."
Lord Rivers is dead, and is succeeded in bis title hy his nephew Mr. Home Bickford,
Mr. Crockford, the gambling fishmonger of St. James's, is at last held to bail for keeping a disre- putable gaming-house. He is affected with the
tick doJourtux. ' -
Mr. P. J. Knox has communicated to the Royal society a remarkable structure in the knee joint of the platypuss or ornithoryncus paradoxus, and in the echidna hystrix of this country. That peculiar struc- ture in the human knee joint, usually known by the name of ligamentum adiposum, constitutes in these animals a broad double membrane, dividing the joint into two perfectly distinct synovial cavities. In the superior, of these cavities, the articular surfaces are the patilla and a portion of the condyles of the fe- mur; in the lower cavity the articular surfaces are the inferior half of the same condyles and the upper
surface of the tibia.
Qites'ión hy Loul Norbury -"For what offence was H.inly h-iiigcd."-A. " .Sure and it's yerself as oiijilit to know better nor nie ; 'twas yer Lordship bunged him.' Q.-Answer me to the point, Sir ! ' On jour oath, Sir, what was his offence t A.-The
poor fellow «as hanged, God rest his sont, for burn ine the house of a man «ho had taken land over his neighbour's head. Q, -Then this Hnnly was the leader of the Caravats ? A -Before be «as hanged, his part v was called tins Mot le Ranger*. Q,-And
who «vas the leader of the Shanavcsts? A.-The
ShannveMs were called Pmiddeeu Car's party. Q -Why were they i ailed,Shanavests? They weie called (hat same, because they were Ould Waist- coats! " _ '
Sir Andrew Barnard is appointed Equerry to His Majesty in the room of Sir Wm. Congrere, de-
¡Sir Ralph Woodford, Governor of Tiinitlad, died at sea on his passage from Jamaica to England on the 17th of Maj.
Of nil speeien of poultry, g«se seem to thrive the heat, *nd to bt the most profitable in Van Diemen's land The flocks of them through the interior ara
now very numerous.
We have had the p'eisttra to receive tile commu- nications of several ciuilirjaies for the small Prize for the translation of Liv», but the merits of them «ill nori>e. decided until the 1st of January, until whisk time communie.lions may be sent in.
Wjy does Ihe sim shine on me, When its light I hale to see:
Pain I'd lay nie down aud dee, For o' life I'm «cary ! t
O 'tis nd (hy frown I fear 'Tis thy smile I Camm bear
'Tis thy smile my heart does tear, When thou triest to cheer me.
Ladies fair hae smiled on me A' their smiles nan joy could gie Never lo'ed 1 ane but thee, And I loc thee dearly !
On the sea the moonbeams play- ^ Sae they'll shine when I'm away Happy then thnu't be, and gay,
When I wander dreary !
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