Courts of General Sessions (1845) (WA)

WESTERN AUSTRALIA

ANNO NONO

VICTORLE REGINE

No. 4

An Ordinance to make provision for the Trial of Criminal Offences at Albany and other remote Districts of the Colony of Western Australia.

[Assented to 18th, August, 1845.

HEBEAS it is expedient to constitute Local Courts for the trial Preamble

of certain criminal offences at Albany and other remote dis-

tricts of this Colony, so as to avoid the great expense and inconvenience

9 VICTORLE. No. 4

Justices of the Peace, (0c.

either of bringing the prosecutors, witnesses and prisoners from so great a distance to Perth for trial, or sending the Chairman (who is also the Commissioner of the Civil Court), the Advocate-General and the Officers of the Court of Quarter Sessions to so great a distance from Perth to the serious interruption of public business : Be it there- fore enacted by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof : That

Governor to pro-

claim Courts of	Courts of General Sessions of the Peace for the various districts of this
General Sessions	Colony may be holden under and by virtue of the provisions of this Ordinance, at such times and in such places as the Governor shall by proclamation from time to time appoint : Provided that such Courts may be appointed to be held more or less frequently than four times a year, as convenience may require, and that each of such Courts shall have power to adjourn its sittings from time to time if necessary.
Authority of
such Courts	2. And be it enacted that the said Courts of General Sessions of the Peace so appointed for such districts shall be Courts of Record, and shall be held before any two or more Justices of the Peace of the said Colony, whereof the Chairman or Deputy-Chairman, as herein- after mentioned, shall be one, and shall have power to hear and deter- mine all felonies whatsoever not punishable with death, including forgery and perjury at common law and all other misdemeanours whatsoever committed in any part of the said Colony, and whether the same shall have been committed before or after the passing of this Ordinance, and all such appeals and other matters and things as may be assigned to General or Quarter Sessions of the Peace by any Ordi- nance heretofore or hereinafter to be passed : Provided that nothing herein contained shall be construed to give the said Courts jurisdiction over any offence which by the laws of England is exclusively cognizable by Courts of Admiralty.
Chairman of
Courts	3. And be it enacted that it shall be lawful for the Governor from time to time to nominate and appoint during pleasure any Justice of the Peace to be Chairman of any such Courts : Provided that in order to provide for the case of the illness, temporary incapacity or absence from the Colony of the Chairman of such Court, the Governor may appoint any other Justice to be Deputy-Chairman of such Court, who, during such illness, temporary incapacity or absence, and no longer, shall be deemed and taken to be the Chairman of such Court for the time being to all intents and purposes : Provided also that in case of sickness or unavoidable absence the acting Chairman shall be em- powered, under his hand and seal, to appoint a Deputy-Chairman, being a Justice of the Peace, to act for him at the Court of General Quarter Sessions of the Peace for the district then next ensuing, and no longer or otherwise.

Clerks and other	4. And be it enacted that it shall be lawful for the Governor from other proper officers of the said Courts, and the same at any time to remove and appoint others, and in case of the absence of any such officer from any sitting the Chairman for the time being may appoint some fit and proper person to act in his stead at such sitting.
One Justice may	5. And be it enacted that if in any case the required number of Justices shall not be present at the time and place appointed for the holding of any such Court, any one Justice (whether he be the Chair-
adjourn

officers time to time to nominate and appoint Clerks and all Ministerial and

9 VICTORDE. No. 4

Justices of the Peace, de.

man or not) shall be a lawfully constituted Court for the purpose of opening such Court and of adjourning the same, and respiting all recognizances until such further day as such Justice shall then and there cause to be proclaimed.

6. And be it enacted that with the exception of alterations intro- duced by this or any subsequent Ordinance, the powers and authorities,

Constitution of

the Court

the mode of proceeding in the trial of all crimes and misdemeanours, the forms, rules and regulations of any Court established under this Ordinance in any particular district shall be the same as in the Court of General Sessions of the Peace for the said Colony (usually held in Perth), as far as the circumstances and the situation for the time being of the district shall admit.

7. And be it enacted that no sentence of transportation beyond seas passed by such Court shall appoint the place to which the offender

Court not to ap-

point place of

transportation

so sentenced shall be transported, but that such place shall be left to

the appointment of the Governor.

9. Provided always and be it enacted that whensoever it shall appear that any crime or offence, from its nature or magnitude, ought

Court may remit

certain cases to

the Court of

to be tried by the Court of General Quarter Sessions of the Peace for

General Quarter

the Colony it shall be lawful for any Court so appointed for any such

Sessions

district as aforesaid to remit such case for trial before the Court of General Quarter Sessions, and to take proper recognizances for the appearance of all parties and witnesses thereat, which recognizances shall be returned to the said Court of General Quarter Sessions afore- said at the next sitting thereof.

Sessions shall keep a book, ruled and divided into columns, headed and be kept 9. And be it enacted that the person acting as Clerk at such Record book to

intituled according to the form in the Schedule hereunto annexed, which shall be called the Criminal Record Book of each district re- spectively.

10. And be it enacted that an abstract of the said Criminal Record Book, certified by the Chairman of each Court respectively to be correct,

Abstract to be

sent to the

Governor

shall be transmitted by the Chairman to the Governor, as soon as conveniently may be after each session, together with a copy of the depositions in each case in which there has been a conviction, and a short report on each of such cases.

11. And be it enacted that it shall be lawful for the said Governor, by warrant under his hand, to authorize the removal of any prisoner confined under sentence of any such District Court in any district prison, from such prison to any other prison within the said Colony, either for the purpose of undergoing any sentence of imprisonment or for the more convenient deportation from this Colony of any prisoner sentenced to transportation.

in force only for the space of three years from the date of its passing Ordinance 12. And be it enacted that this Ordinance shall be and continue Duration of

the Legislative Council.

amended, or repealed by any Ordinance to be passed during the present be 13. And be it enacted that this Ordinance may be altered, Ordaiiitle rteede may

session.

JOHN HUTT,

GOVERNOR.

9 VICTORI. No. 4

Justices of the Peace, (Ec.

SCHEDULE ABOVE REFERRED TO

' Criminal Record Book' for the district of

Prisoner Crime or Day of Date

No. or Commit- of Verdict Sentence Remarks

Offence c harge d

Defendant meat Trial

1	A.B., of ,	Stealing at	1845	1845	Guilty.	Three
labourer.	a coat, the	months' MI-
property of	prisonment

E. P., of with hard

the same	labour.
place.

2	B.F., of ,	Assault on	1845	1845	Guilty.	Fined twenty	Discharged
mason.	G. H., of	shillings.	the same
the same	day, hav-
place, Pub-	ing paid
loan.	the fine.