Moreton Bay Judge Act 1852 No 41a (NSW)

No. XLI.

An Act to enable the Governor from t ime to t ime to appoint a Barrister to act as J u d g e of the Circuit Court at Brisbane. [28th December, 1852.]

WH E R E A S of t h e Sup reme Cour t no t be ing able in fu ture (wi thou t in jury

it is expedient to provide for t h e case of t h e J u d g e s

to t h e su i tors general ly of t h a t Cour t ) to hold a Circui t Cour t a t

Br i sbane Be i t enacted by H i s Excel lency t h e Governor of N e w Sou th Wales wi th t h e advice and consent of t h e Legis la t ive Council thereof as follows :—

1. I t shal l be lawful for H i s Excel lency the Governor from t ime to t i m e by Commission u n d e r his h a n d and seal as occasion	may
requ i re to appoin t some fit and proper person (being a Bar r i s t e r	in

ac tua l prac t ice of no t less t h a n five years s tanding) in t he place and

stead of a J u d g e of t h e Supreme Cour t to be and ac t as J u d g e of	a n d
a t t h e Circui t Cour t to be holden at Br i sbane in t he Dis t r ic t of	More ton

Bay in th i s Colony a n d every Bar r i s te r so appoin ted shal l from t h e da te of such Commission at and in such Circui t Cour t and in re la t ion there to and in respect of all m a t t e r s and th ings done or to be done a t and in such Cour t or in reference to any proceedings the re in inc luding

0 — V O L . 4 . t he

t he s u m m o n i n g of J u r o r s to a t t end such Cour t have and exercise al l

and s ingula r t h e powers and au thor i t i es which are now by law vested

in t h e J u d g e s of t h e Supreme Cour t or in the J u d g e pres id ing or who would otherwise have presided at such Cour t and t h e t i t le of every such Ba r r i s t e r whi le ac t ing unde r any such Commission as aforesaid

shal l be " Ci rcu i t J u d g e for t he Circui t Dis t r ic t of Br i sbane . "

2. N o t h i n g in t h e preceding section shall inval idate or affect any act done or ordered to be done or any wr i t or precept issued in reference to such Circui t Cour t by any J u d g e of t he Sup reme Cour t before t he issue of t he Commission for such Circui t Cour t .