Court of Quarter Sessions (1832) (WA)

ANNO SECUNDO

GULIELVII IV. REGIS.

NO. IV.

An. Act to extend the Jurisdiction and Regulate the Proceed- ings of the Court of Quarter Sessions.

March 2nd, 1832.

HEREAS, a Court of Quarter Sessions of the Peace, has for

some time past, by virtue of a Commission of the Peace issued by His Excellency the Governor of this colony, existed, and acted	Preamble.
within the same. And whereas, it is necessary to extend the jurisdic- tion of the said Court, (being the only Criminal Court in the said Colony) to certain Offences of which by the custom of England, such Courts do not generally take Cognizance, and also to regulate the Proceedings of the said Court in certain Cases hereinafter specified.

BE it therefore enacted, by His Excellency the Governor of Western Australia, and its Dependencies, with the advice of the Le-

I.

gislative Council, that from and after the passing of this Act, the	Jurisdiction inForgery, and
Perjury, and power to try
Court of General Quarter Sessions of the Peace, for the said colony,.	Capital Cases.
shall have Power to hear and determine all Felonies whatsoever,
whether capital or otherwise, including Forgery, and Perjury at com-
mon Law, and: all Misdemeanours whatsoever, in whatever part of the
said colony or its Dependencies, such Felonies or Misdemeanours
shall have been committed, and whether the same shall have been.
committed before, or after the passing of this Act. Provided, that
nothing herein contained, shall be construed to give the said Court
Jurisdiction over any Offence which, by the Laws of England, is
exclusively cognizable by Courts of Admiralty, or Ecclesiastical	Exception of Admiralty and
Jurisdiction.	Ecclesiastical causes.

AND be it further enacted, that with the Exception of Altera- tions introduced by this Act, the Powers and Authorities, the mode of	Power and mode of pro-
Proceeding in the Trial of all Crimes, and Misdemeanours, the Forms,	ceeding.
Rules, and Regulations, and the ministerial Officers of the said Court, shall be the same as in Cants of Quarter Sessions of the Peace in Eng-

II.

land

No. 4. 2nd Gulielmi IV. A. D. 1832.

land, so for as the circumstances, and situation for the time being of the

said colony shall admit.

Times and places of holding III. AND be it further enacted, that the Sessions of the said Sessions. Court, shall be held at such times and Places, as the said Governor

shall, from time to time appoint by Proclamation ; and that in the mean time, until any such Proclamation to the contrary, the same shall be held at the times and places, at which the same have hitherto been held.

Three Magistrates at the IV. PROVIDED always, and be it further enacted, that the said

trial of all capital cases. Court shall not proceed to the trial of any person charged with an

offence punishable with death, unless three Magistrates at least, shall be present, who shall also remain present, during the whole time of such trial.

Sentence of Death, V. AND be it further enacted, that no Sentence of Death, passed shall have been first reported by the Chairman of the said Court to the said Governor, and until the said Governor shall issue a Warrant under his hand, and the Public Seal of the said colony, directing the Sheriff of the said colony, to cause such Sentence to be carried into Execution.

Governor's -Warrant issued. by the said Court, shall be carried into Execution, until the same

Place of Transportation. VI. AND be it further enacted, that no Sentence of Transporta-

tion beyond Seas, passed by the said Court, shall appoint the Place

to which the Offender so sentenced shall be transported ; but that

such Place shall be left to the Appointment of the said Governor,

by Proclamation, or by Warrant, under his Hand, and the Public

Seal of the said colony.

Criminal Record Book. VII. AND be it further enacted, that the Clerk of the Peace for

the said colony, shall keep a Book ruled and divided into columns, headed, and intituled according to the Form in the Schedule here- unto annexed, which shall be called, " The Criminal Record Book."

Abstract of Criminal Record VIII. AND be it further enacted, that an Abstract of the said

Book. Criminal Record Book, certified to be correct by the Chairman of the said Court, shall be by him, submitted to the Governor, and Executive Council, as soon as conveniently may be, after each Quar- ter Sessions.

Governor to appoint Chair- IX. AND be it further enacted, that it shall be lawful for the

man and Clerk of the said Governor, by Warrant under his Hand, and the Public Seal of

Peace.

the said colony, to appoint a fit and proper Person, to be Chairman of the said Court, and some other fit and proper Person, to be Clerk of the Peace for the said colony. And as well the said Chairman, as the said Clerk of the Peace, to remove, and discharge, by order in writing, on account of any misfeasance, or nonfeasance.

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council,

This 2nd day of March, 1832.

M. J. CURRIE,

Clerk to the Council.

SCHEDULE

SCHEDULE REFERRED TO IN THE ABOVE ACT.

CRIMINAL RECORD BOOK.

0

No. Defendant. Crime or Offence charged. Dayof Commitmen Day of Trial. Judgment. Sentence. Remarks.

1832   1832

1 N. B. Stealing at Perth a Coat, One Month's Impri

Guilty.

of Perth Labourer	the property of C. D. of	sonment, with Hard
the same place.	Labour.

2 B. F. of Assault and Battery on G Guilty. Fined Twenty Discharged same clay,

Fremantle,Mason	II. of the same place	Shillings.	having paid the fine.
Publican.