Criminal Procedure Act 1861 (SA)

ANNO VICESIMO QUARTO ET VICESIMO QUINTO

VICTORIB E G I N Z.

A. D. 1861,

No. 2.

A11 Act to alltend 'c Art rlct.for comolidcrting the Xtutzcte Lnzu i?t force in

South Amtrnlia wlating to C~irninnl Procedure by Irzdictment, or Ptijormation by tlle Aftormy-Genewl, by virtue of an Act No. 10, o f the year 1852, intitzdcd ' A?z Act fo provide for the trial

of ofiirders zoitAou t tlte inte~centiofz of Grund Juries.' "

[-4ssented to, 30th August, l861 .]

AS doubts are entertained as to the validity of the Preamble.

W"""" for consolidatirlg the Statute Law in force in South Australia second Section of an Act No. 6, of 1859, intituled "An Act

relating to Criminal procedure by indictment, or intbrrnation by the

Attorney-General, by virtue of the Act No. 10, of the year 1852, intituled An Act to provide for the trial of offenders without the intervention of Grand Juries;' " and it is desirable to repeal the said clause, and to makc other provisions in lieu thereof: And whereas, by an Act of the Imperial Parliament., passed in the Session of Parliament held in the 23rd and 24th year of the Reign of Her Majesty, chapter 122, intituled " An Act to enable the Lcgisla- tures of Hcr Majesty's possessions abroad, to make enactments similar to thc enactment of the Act 9th George the Fourth, chapter 31, section 8," the Legislature of the Province of South Australia was enabled to make the enactment hereill after contained-Be it there- fore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parlia- ment assembled, aa follows-

1. Section 2 of the said Act No. 6, of $859, is hereby repealed. p;:;f;g;2f~f

B 2. Where 1869.

Pmidon the trial 2. Where any person being feloniously S trickeen, poisoned, or ather-

and punishment of

murder. whenthe	wise hurt at anv place within the said Province, shall die of suoh stroke, poisoni&: or hurt, upon the sea or at any place out of the
cause

happens ae~th in south

Australia.	limits of the said Province, every offence committed in respect of
any such ease, whether the same shall amount to the offence of
murder, or of manslaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in the said Pro- vince, in the same manner in all respects as if thc offence had been wholly committed within the said Province.

I n the name and on behalf of the Queen I hereby assent to

this Act.

RICHARD GRAVES MACDONNELL,

Governor.

Government House, Adelaide,

30th August, 1SG1.

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Adclaide : l'rintcd by authority by W, C. CQX, Government Yrinter, Victoria-squaro.