Imperial Acts Adoption Act 1837 No 3a (NSW)

No II.

An Act for adopt ing certain Acts of Parl iament passed in the Third and Four th Years of the Reign of His present Majesty King William the Four th and the Four th and Fifth Years of the Reign of His said Majesty and the Sixth and Seventh Years of the Reign of His said Majesty respectively and applying the same in the Administrat ion of Jus t ice in New South Wales in like manner as other Laws of Eng land are applied therein. [13th

July, 1837.] '

WH E R E A S a n d four th years of t h e re ign of H i s p resen t Majesty in t i tu led

a cer ta in Ac t of P a r l i a m e n t was passed in t h e t h i r d

" An Act to allow Quakers and Moravians to make Affirmation in all

cases where an Oath is or shall be required" a n d whereas a cer ta in o ther

A c t of P a r l i a m e n t was passed in t he four th a n d fifth years of t h e

reign of H i s said Majesty in t i tu led " An Act to abolish the practice

of hanging the Bodies of Criminals in Chains" and whereas also

cer ta in o the r Ac t s of P a r l i a m e n t were passed in t h e s ix th and seventh

years of t he re ign of H i s said Majes ty in t i tu led respect ively " An Act " to repeal so much of two Acts of the ninth and tenth years of the " reign of King George the Fourth as directs the period of 'Execution

" and the prison discipline of persons convicted of the Crime of Murder"

a n d " An Act to prevent the fact of a previous conviction being given as " Evidence to the Jury on the case before them except when Evidence to " Character is given" and whereas i t is expedien t to adopt and apply t h e said several rec i ted Ac t s of P a r l i a m e n t in t h e admin i s t r a t ion of

jus t ice in N e w South W a l e s Be i t therefore enacted by H i s Exce l lency

the Governor of N e w South W a l e s w i t h t h e advice of t he Legislat ive

Counci l thereof Tha t t h e said reci ted A c t s of P a r l i a m e n t and every

clause provision and e n a c t m e n t the re in respectively conta ined shall	be
a n d t h e same are a n d is hereby adopted a n d directed to be applied	in

WH E R E A S it is expedient affirmation of persons of t h e persuas ion of t h e people called	Q u a k e r s and of Morav ians should be allowed in all cases where an
oa th is or shall be requ i red Be it therefore enacted by the K ing ' s Mos t Excel len t

t h e admin i s t r a t ion of jus t ice in t h e said Colony a n d its Dependencies

in l ike m a n n e r as o ther Laws of E n g l a n d are t he re in applied.

2. A n d be it fur ther enac ted T h a t th i s A c t shal l commence a n d

t a k e effect from a n d after t h e first day of A u g u s t one t housand e ight

h u n d r e d and th i r ty-seven.

A N N O T E R T I O E T Q U A R T O G U L I E L M I I V . R E G I S .

C A P . X L I X .

An Act to allow Quakers and Moravians to make Affirmation in

all cases where an Oath is or shall be required.	[28th
August, 1833.1

a n d reasonable t h a t t he solemn

Exce l len t Majesty b y and wi th t h e advice and consent of t he Lords

Sp i r i tua l a n d Tempora l and Commons in th i s p resen t P a r l i a m e n t

assembled and by t h e au tho r i t y of t h e same Tha t every person of t he persuas ion of t h e people called Quaker s and every Morav ian be per­ m i t t e d to m a k e his or her solemn affirmation or declarat ion ins tead of

t a k i n g an oa th in all places a n d for all purposes whatsoever where an

oa th is or shal l be requi red e i ther by t h e C o m m o n L a w or by any A c t

of P a r l i a m e n t already m a d e or hereafter to be m a d e which said affirmation or declarat ion shal l be of t h e same force and effect as if h e or she h a d t a k e n an oa th in t he u sua l form and if a n y such person m a k i n g such solemn affirmation or declara t ion shal l be lawfully convicted wilfully falsely and cor rup t ly to have affirmed or declared any m a t t e r or t h i n g which if the same h a d been in t h e usua l form

would have a m o u n t e d to wilful a n d cor rup t per jury he or she shall

i ncu r t h e same penal t ies a n d forfeitures as by t h e laws and s ta tu tes

of th i s r ea lm are enacted aga ins t persons convicted of wilful a n d

cor rupt per jury any law s t a tu t e or cus tom to t h e con t ra ry no twi th ­

s t and ing Provided a lways Tha t every such affirmation or declarat ion

shall be in t h e words following ( tha t is to say)

" I A . P . be ing one of t he people called Quaker s [or one of t he " persuasion of t he people called Quaker s or of t he U n i t e d '• B r e t h r e n called Morav ians as the case may be] do " solemnly sincerely and t r u l y declare and affirm."

2. A n d whereas some doubts may arise as to t he form of t he

affirmation to be t a k e n in l ieu of t he oa th of ab jura t ion by persons of

t he persuasion of t h e people called Quaker s Be i t therefore enacted T h a t ins tead of t h e form of affirmation prescr ibed in l ieu of t h e ab jura t ion oa th by a n A c t of t h e e igh th year of t h e re ign of H i s la te

Majesty K i n g George t h e Fi rs t in t i tu led " An Act for granting the

" people called Quakers such forms of affirmation or declaration as

" may remove the difficulties which many of them lie uader" and ins tead

of t he form of t h e oa th of ab jura t ion prescr ibed by an A c t of t h e s ix th

year of t h e re ign of H i s la te Majesty K i n g George t h e Th i rd in t i tu led " An Act for altering the oath of abjuration and the assurance and for " amending so much of an Act of the seventh year of Her late Majesty " Queen Anne intituled ' An Act for the improvement of the Union of

" the two Kingdoms' as after the lime therein limited requires the

" delivery of certain lists and copies therein mentioned to persons " indicted of High Treason or misprison of Treason " every person of t h e persuas ion of t h e people called Quake r s shall be pe rmi t t ed to m a k e

his or he r so lemn affirmation in t h e following words (videlicet)

" I A . B . be ing one of t h e people called Quakers [or one of t he " persuas ion of t he people called Quake r s or of t h e U n i t e d " B r e t h r e n called Morav ians as the case may be] do " solemnly sincerely and t ru ly acknowledge profess testify " a n d declare t ha t K i n g Wi l l i am is lawful and r ightful K i n g " of th i s R e a l m and of all o ther his Dominions and " Countr ies t h e r e u n t o be longing and I do solemnly and " sincerely declare t h a t I do believe t h a t no t any of t h e " descendants of t h e person w h o pre tended to be Pr ince " of W a l e s du r ing t h e life of t he la te K i n g J a m e s t he " Second and since his decease p re tended to be and took " u p o n himself t he style and t i t le of K i n g of E n g l a n d by

" t h e n a m e of J a m e s t he Thi rd or of Scot land by t h e n a m e

" of J a m e s tin* E i g h t h or t he style a n d t i t le of K i n g of

" Grea t Br i ta in h a t h any r i g h t or t i t le whatsoever to the " Crown of th i s R e a l m or any other t h e Domin ions there- " u n t o be longing and 1 do renounce and refuse; any " al legiance or obedience to any of t h e m and I do solemnly

promise

" promise t h a t I will he t r u e and faithful a n d bear t r u e

" a l legiance to K i n g W i l l i a m and to h i m wil l be faithful

" aga ins t all t r a i to rous conspiracies and a t t e m p t s whatso-

" ever which shall be m a d e aga ins t h is Pe r son Crown or " D ign i ty and I will do m y best endeavour to disclose and " m a k e k n o w n to K i n g W i l l i a m and his successors al l " t reasons and t ra i to rous conspiracies which I shal l k n o w " to be m a d e agains t h i m or any of t h e m and I will be " t r u e a n d faithful to t h e succession of t he Crown agains t " t h e descendants of t h e said J a m e s and aga ins t all " o the r persons whatsoever which succession by an " Act i n t i t u l ed ' An Act for the further limitation of the

" ' Crown and better securing the rights and liberties of

" ' the Subject' is a n d s tands l imi ted to t h e Pr incess Sophia " Electoress and Duchess Dowager of H a n o v e r and t h e " heirs of he r body be ing P r o t e s t a n t s a n d all these t h i n g s " I do p la in ly a n d sincerely acknowledge promise a n d " declare according to these express words by m e spoken " and according to t h e p la in and common sense and under - " s t and ing of t h e same words wi thou t any equivocat ion

" m e n t a l evasion or secret reservat ion whatsoever a n d I

" do m a k e th i s recogni t ion acknowledgment r enunc ia t ion

" and promise hear t i ly wi l l ingly a n d t r u l y . "

A N N O Q U A R T O E T Q U I N T O G U L I E L M I I V . R E G I S .

C A P . X X V T .

An Act to abolish the practice of hanging the Bodies of Cri­

minals in Chains, \2bth July, 1834.]

WH E R E A S by an Ac t H i s la te Majes ty K i n g George t h e F o u r t h in t i t u l ed " An Act

passed in t h e n i n t h year of t h e re ign of

"for consolidating and amending the Statutes in England relating to

" offences against the Person" it is amongs t o ther t h i n g s enac ted

T h a t t h e body of every person convicted of m u r d e r shall after exe­ cut ion e i ther be dissected or h u n g in chains as to t h e Cour t which t r i ed t h e offender shall seem m e e t and t h a t t h e sentence to be p ronounced

by t h e Cour t shall express t h a t t h e body of t h e offender shall be	dissected or h u n g in chains whichever of the two t h e Cour t shall order
A n d whereas by a cer ta in A c t passed in t he t e n t h year of t h e same
re ign in t i tu led " An Act for consolidating and amending the Statutes
in Ireland relating to offences against the Person" a l ike provis ion is
m a d e w i t h respect to persons convicted of m u r d e r in I r e l a n d A n d
whereas by a cer ta in Ac t m a d e and passed in t he second and t h i r d year
of t h e re ign of H i s p resen t Majesty in t i tu led " An Act for regulating
Schools of Anatomy " so m u c h of t h e provision of t h e said reci ted A c t m a d e and passed in t he n i n t h year of t he re ign of his said la te Majesty K i n g George t h e F o u r t h as author ized t h e Cour t t o direct t h a t t he body of a jierson convicted of m u r d e r should after execut ion be dissected is repealed and ins tead thereof it was enac ted T h a t in every case of convict ion of any prisoner for m u r d e r t h e Cour t before which such pr isoner shall have been t r ied shal l direct such pr isoner e i ther to be h u n g in chains or t o be bur i ed wi th in the precincts of t h e pr i son in which such pr i soner shal l have been confined after convic­ t i on as to such Cour t should seem mee t a n d t h a t t he sentence to be p ronounced by the Cour t should express t h a t t h e body of such pr isoner

shal l

shal l he h u n g in chains or bur i ed wi th in the prec incts of t h e pr ison

whichever of t he two the Cour t should order A n d whereas i t is

exped ien t to amend the said reci ted A c t s Be i t therefore enacted b y

t h e K i n g ' s Most Exce l l en t Majesty by a n d wi th t h e advice and consent

of t h e Lords Sp i r i tua l and Tempora l a n d Commons in th i s p resen t

P a r l i a m e n t assembled and by t h e au thor i ty of t he same T h a t so m u c h of t h e said reci ted A c t made and passed in t h e n i n t h year of the re ign of H i s Majesty K i n g George t he F o u r t h as author izes the; Cour t to

direct t h a t t h e body of a person convicted of m u r d e r should	after
execut ion be h u n g in chains and also so m u c h of t h e said reci ted	Ac t

m a d e and passed in t he t e n t h year of t he same re ign as au thor izes t h e

Cour t t o direct t h a t the. body of a person convicted of m u r d e r should after execut ion be dissected or h u n g in chains a n d also so m u c h of t he said reci ted A c t made a n d passed in t h e second and th i rd year of t in; re ign of H i s p resen t Majesty as provides t h a t in every case of con­ vic t ion of any pr isoner for m u r d e r t h e Cour t shall direct such pr isoner to be h u n g in chains shall be and t h e same is hereby repealed.

2. A n d be i t fur ther enacted Tha t in every case of convict ion

in I r e l a n d of any prisoner for m u r d e r t he Cour t before which such

pr isoner shall have been t r ied shall direct such pr isoner to be bur ied

wi th in t h e prec incts of t he pr i son wi th in which such pr isoner shall have been confined after convict ion and t h e sentence to be p ronounced by t h e Cour t shall express tha t t he body of such pr isoner shal l be

bur i ed w i th in t h e prec incts of such pr ison.

A N N O S E X T O A N D S E P T I M O G U L I E L M I I V . R E G I S .

C A P . N X X .

An Act to repeal so much of two Acts of the Ninth and Tenth

Years of King George the Fourth as directs the period of

the Execut ion and the Prison Discipline of persons convicted

of the Crime of Murder. [14th July, 1836.]

W H E R E A S his la te Majesty K i n g George the F o u r t h in t i tu led " An, Act

by an A c t passed in t h e n i n t h year of t h e re ign of

"for consolidating and amending the Statutes in England relative to

" offences against the Person'1'' i t was amongs t o ther t h ings enacted

T h a t every person convicted of m u r d e r should be executed according

to Law on t h e day next b u t one after t h a t on which t h e sentence should be passed unless t h e same should happen to be Sunday and in t h a t case on t h e Monday following and tha t sentence should be p ronounced immedia te ly after t he convict ion of every murde re r unless t he Cour t should see reasonable cause for pos tpon ing the same and such sentence should express no t only t he usua l j u d g m e n t of dea th b u t also t h e t ime the reby appointed for t h e execut ion thereof and it was by t h e said A c t provided Tha t after such sentence should have been pronounced i t should be lawful for t h e Cour t or J u d g e to stay t h e execut ion thereof if such Cour t or J u d g e should so th ink fit and whereas it was by the said Ac t amongst o ther th ings fu r ther provided Tha t every person convicted of m u r d e r should after j u d g m e n t be fed wi th bread and water only and wi th no other food or l iquor except in case of receiving the Sacrament or in case of any sickness or wound in which case the surgeon of t he prison m i g h t order o ther necessaries to be adminis tered and t h a t no person b u t t h e gaoler and his servants and the chapla in and surgeon of t he

pr ison

pr i son should have access to any such convict w i thou t t he permiss ion

i n wr i t ing of t h e Cour t or J u d g e before w h o m such convict should have been t r ied or of t he Sheriff or h is depu ty and it was by the said Ac t fur ther provided T h a t in case; t he Cour t or .Judge should t h i n k fit to respi te t he execut ion of such convict such Cour t

or J u d g e m i g h t b y a license in wr i t i ng re lax du r ing the period of

t he respi te all or any of t h e res t ra in t s or regula t ions there in before directed to be observed a n d whereas by another Act passed in t h e t e n t h year of t h e same re ign in t i tu led " An Act for consolidating and

" amending the Stat ales in Ireland relating to offences against the

" Person " t h e l ike provisons were m a d e wi th respect t o persons con­

victed of m u r d e r in I r e l and A n d whereas for t he ends of jus t ice and especially m o r e effectually to preserve from an irrevocable pun i sh ­ m e n t a n y persons who m a y hereafter be convicted upon erroneous or perjured evidence i t is expedient to a l ter and amend t h e said recited Ac t s in these respects Be it therefore enac ted by t h e K i n g ' s Most

Exce l l en t Majesty by a n d wi th t he advice and consent of t h e Lords

Spi r i tua l and Tempora l and Commons in th i s p resen t P a r l i a m e n t

assembled and by t h e au tho r i t y of t he same Tha t so m u c h of t he said

Acts of t h e n i n t h and t e n t h years respectively of t h e re ign of H i s

la te Majesty K i n g George t h e F o u r t h as is hereinbefore	rec i ted	shal l
be and t h e same is hereby repealed.

2. A n d be it fu r ther enacted Tha t from and after t he pass ing

of th i s A c t sentence of dea th m a y be pronounced after convictions

for m u r d e r in t h e same m a n n e r a n d the J u d g e shall have t he same

power in all respects as after convictions for o ther capi ta l offences.

A N N O S E X T O E T S E P T I M O G U L I E L M I I V . R E G I S .

C A P . C X I .

An Act to prevent the Fact of a previous Conviction being given in Evidence to the Jury on the case before them except when Evidence to Character is given. [20/A August, 1836.1

WH E R E A S t h e re ign of K i n g George t h e F o u r t h in t i tu led " An Act for

by an A c t passed in the seventh a n d e igh th years of

further improving the Administration of Justice in Criminal Cases"

provision is m a d e for t he more exempla ry p u n i s h m e n t of offenders w h o shal l commit any felony not pun i shab le w i th death after a previous convict ion for felony and whereas since; t h e pass ing of t he said A c t t h e pract ice has been on t h e t r ia l of any person for any such subse­ quen t felony to charge t he j u r y to inqu i re at t h e same t ime concerning such previous convict ion and whereas doubts m a y be reasonably en te r ta ined w h e t h e r such pract ice is consistent w i th a fair and impar t i a l i nqu i ry as regards t h e m a t t e r of such subsequent felony and i t is expedient t h a t such pract ice should from henceforth be discon­ t inued Be i t therefore enac ted by the K i n g ' s Most Exce l len t Majesty b y and wi th t h e advice and consent of t h e Lords Spi r i tua l and Tempora l a n d C o m m o n s in th i s present P a r l i a m e n t assembled a n d by t h e au tho r i t y of t h e same Tha t from and after t h e pass ing of th i s Act it shal l no t be lawful on t h e t r i a l of any person for any such subsequent felony to charge t h e j u r y to inqu i re concern ing such previous convict ion un t i l after they shall have inqu i red concerning such subsequent felony and shall have found such person gui l ty of t he samo and whenever in any ind ic tment such previous conviction shal l be

s tated

s ta ted t h e r ead ing of such s ta tement to t h e j u r y as pa r t of t h e

i nd i c tmen t shall he deferred un t i l after such finding as aforesaid

Prov ided never theless t h a t if upon t h e t r ia l of any person for any such subsequent felony as aforesaid such person shall give evidence of his or he r good charac te r it shal l be lawful for t h e prosecutor in answer the re to to give evidence of t h e ind ic tmen t and conviction of such person for t h e previous felony before such verdict of gu i l ty shal l have been r e tu rned and t h e j u r y shal l inqu i re concerning such previous convict ion for felony at t h e same t ime t h a t they inqu i re concerning t h e subsequent felony.