No. NVIII.
An Ordinance to stay Proceedings in certain cases against Jus t ices of the Peace in New South Wales and its Dependencies act ing in execution of their office. [11th October, 1825.]
| WH E R E A S | W a l e s Jus t i ces of the Peace have from t ime to t ime been |
| since t he | es tab l i shment | of a Colony in N e w South |
appoin ted by t h e Governors of t h e said Colony in a m a n n e r differing from t h e o rd inary Commission of t h e Peace as by law a n d ancient usage established and Jus t i ces so appoin ted have exercised a s u m m a r y
| ju r i sd ic t ion | in cer ta in cases not sanct ioned | by | t h e | laws a n d | prac t ice |
| in E n g l a n d | A n d | whereas t h e said | Jus t i ces or some of t h e m | have in |
years pas t m a d e done a n d caused to be executed divers j u d g m e n t s sentences orders ac ts and th ings which a l t hough not impu tab le to any evil i n t en t ion b u t t o an er ror in j u d g m e n t are never theless no t justified
| by law | A n d | whereas since t h e | A c t | m a d e in t h e four th | year | of t h e |
| re ign of H i s p resen t | Majes ty in t i tu led " An | Act | to provide | until | the |
| "first day of July one thousand eight hundred, and twenty-seven | and |
" until the end of the next Session of Parliament for the better Adminis- " tration of Justice in New South Wales and Van Piemen's Land and, "for the more effectual Government thereof and for other purposes
| "relating | thereto" | a n d the es tab l i shment | of Cour t s | of Sessions | in |
| different p a r t s of | N e w South W a l e s in | pu r suance of | t h e said A c t | t he |
| reason of any j u d g m e n t sentence order ac t or t h i n g by h i m m a d e passed done or executed in t he office of J u s t i c e as aforesaid before t h e publ icat ion of a cer ta in P roc l ama t ion of H i s Exce l lency Sir Thomas Br i sbane bear ing date at Sydney the twenty-first day of J u l y one t h o u s a n d eight h u n d r e d a n d twenty-four a n d appo in t ing Cour ts of Genera l or Qua r t e r Sessions to he holden in New South W a l e s and | t h a t |
| ju r i sd ic t ion of such Jus t i ces has been more clearly defined | and |
| the i r proceedings have been | more regu la r | a n d legal | A n d whereas it |
is expedient t h a t al l persons should be protec ted from vexat ious p ro ceedings for or by reason of any j u d g m e n t sentence order act or t h i n g made passed done or executed by t h e m in or by v i r tue of t he office of J u s t i c e before t h e es tab l i shment of Cour t s of Sessions as aforesaid Be i t therefore ordained and enacted by t h e Governor of N e w Sou th W a l e s w i th t h e advice of t h e Counci l T h a t u n t i l t h e e leventh day of October one t housand eight h u n d r e d and twenty-s ix n o ind i c tmen t informat ion or c r imina l proceeding whatsoever shal l be commenced or prosecuted aga ins t any person now be ing or hav ing been a J u s t i c e
| in | New | Sou th W a l e s | or i ts Dependencies for h a v i n g exercised | s u m m a r y |
| jur isd ic t ion | in any | cause m a t t e r or t h i n g whatsoever or for or by |
t h a t if any ind ic tment informat ion or other c r imina l proceeding' shal l have been or shall hereafter be commenced or prosecuted agains t any person now be ing or hav ing been a J u s t i c e as aforesaid for or by reason of h a v i n g exercised such jur i sd ic t ion or m a d e passed done or executed any such j u d g m e n t sentence order act or t h i n g in t he office; of J u s t i c e as aforesaid i t shal l be lawful for such person now be ing or h a v i n g been a J u s t i c e to apply to t h e Cour t in which such ind ic tmen t informat ion or other c r imina l proceeding shal l be commenced or prose cu ted du r ing t h e s i t t ing of such Cour t or t o any J u d g e of such Cour t d u r i n g vaca t ion for s tay of proceedings the re in and such Cour t a n d such J u d g e respectively are hereby requ i red to s tay such proceedings accordingly u n t i l t h e said e leventh day of October one t h o u s a n d
| e ight | h u n d r e d | and | twenty-s ix . |