Norfolk Island Criminal Court Act 1835 No 3a (NSW)

4 F and

No. XXIII.

An Act to establish a Court of Criminal Juris­

diction in Norfolk Island. [10th June, 1835.]

WHEREAS an Act of Parliament was made and passed in the fourth and fifth years of the reign of His present Majesty	intituled " An Act for the more effectual Administration of Justice at
Norfolk Island " whereby it was amongst other things enacted That it
should be lawful for the Governor of New South Wales with the advice

and consent of the Legislative Council of the said Colony by an Ordi­ nance to be by them made for such purpose to institute a Court of Criminal Jurisdiction in Norfolk Island and to grant to such Court full power and authority to take cognizance of all crimes misdemeanors and offences soever committed by any felons or other offenders under sentence or order of transportation or removal to Norfolk Island whether the same be committed within the said island or on board of any ship or vessel during the passage of such felons or offenders to the same or at the island called " Phillip Island " adjacent to Norfolk Island and the said crimes misdemeanors and offences so committed to adjudge and punish respectively according to the laws in force in New South Wales in like cases And it was further enacted That the said Court should consist of one Judge and five Commissioned Officers of His

Majesty's sea or land forces and should have such Ministerial Officers

as should be necessary for conducting the proceedings and executing the processes judgments and orders thereof and that the said Judge Commissioned Officers and Ministerial Officers respectively should be appointed as therein directed and should receive such reasonable allowances as the Governor with the advice of the Legislative Council should by any such Ordinance as aforesaid direct and appoint And it was further enacted That the said Court should be holden at Norfolk Island at such times and place as the Governor of New South Wales should by warrant from time to time appoint and direct that all crimes misdemeanors offences and other misconduct cognizable by such Court should be prosecuted tried and adjudged and the judgments processes and orders thereof should be carried into effect according to such forms rules course and order of proceedings as the said Governor with the advice of the said Legislative Council should by any such Ordinance as aforesaid direct and appoint Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That from and after the passing of this Act there shall be a Court of Criminal Jurisdiction in Norfolk Island to consist of one Judge and five Commissioned Officers

of His Majesty sea or land forces as in the said recited Act of Parlia­

ment is directed and to be holden at such time and place within the said island as His Excellency the Governor of New South Wales by warrant under his hand from time to time shall appoint and direct and that such Court shall have full power and authority to take cognizance

of all crimes misdemeanors and offences soever committed by any felons
or other offenders under sentence or order of transportation or removal

to Norfolk Island whether the same be committed within the said
island or on board any ship or vessel during the passage of such felons

or offenders to the same or at the island called " Phillip Island" adjacent to Norfolk Island and the said crimes misdemeanors and
offences so committed to adjudge and punish respectively according to
the laws in force in New South Wales in like cases.

2. And be it further enacted That all crimes misdemeanors
offences and other miscondut cognizable by the said Court shall be

prosecuted by criminal information in the name of such officer as shall from time to time be appointed for such purpose by the Governor of New South Wales and every such information shall be exhibited by such officer before the said Court at the time appointed by the Court for the trial of such felons or offenders respectively and the said Court shall call the party or parties accused in such information before the Court and cause him her or them severally to be arraigned upon such information and in case he she or they confess the same then the said Court shall record such confession or in case he she or they shall plead to such information the said Court shall proceed to hear and determine such plea according to law or to

try

try the party or parties accused as the case may require and shall examine witnesses upon oath to be administered by the said Court as well for as against the said party or parties and shall adjudge according to the opinion of the major part of the persons composing such Court that the party or parties accused is or are guilty or not guilty of the charge exhibited against him her or them respectively and afterwards pronounce in open Court by the mouth of the Judge of the said Court such judgment or sentence upon the party or parties convicted as shall be appointed by the laws in force in New South Wales for the punish­ ment of offenders convicted in like cases in the said Colony.

3. And be it further enacted That all and every the warrants and processes of the said Court shall be under the hand and seal of the Judge of the said Court and shall be directed to the proper minis­ terial officer or officers appointed by the Governor of New South

Wales in pursuance of the said recited Act of Parliament and such
warrants and processes shall be in the like form as used and practised in like cases in the Supreme Court of New South Wales and shall be executed and enforced by the proper officer or officers appointed as aforesaid for such purpose according to law and the judgment or order of the said Court Provided always that it shall be lawful for the said Court or the major part thereof to respite the execution of any capital sentence until the Governor of New South Wales shall have approved
thereof and in every such case execution shall not be done until the
proceedings shall have been transmitted to the said Governor and
by him approved.

4. And be it further enacted That all and every of the members
of the said Court respectively shall before they proceed to sit in

judgment or try any such offender as aforesaid severally make oath well and truly to try the several issues brought before them and to make

a true deliverance between our Sovereign Lord the King and the
several prisoners who shall by them be tried and to give a true judg­ ment according to the evidence and such oath shall be administered first by the Judge of the said Court to the respective officers composing the said Court and afterwards by the senior of such officers to the said Judge.

5. And be it further enacted That there shall be paid to the Judge and to the Commissioned Officers and Ministerial Officers of the said Court respectively the several sums and allowances specified in the Schedule hereunto annexed marked with the letter A which sums and allowances shall be in lieu of all fees perquisites and emoluments

whatsoever in respect of of the said offices.

SCHEDULE REFERRED TO.

A.

Allowances to the Judge Commissioned Officers and Ministerial Officers of the Court.

£ s. d.

To the Judge of the Court for every entire Session of the same	130	0	0
To each of the Commissioned Officers composing the Court for every

day the same may sit . . . . . . . . . . . . . . . . . . 0 15 0

To the Clerk of Arraigns for every day while employed	. . .	. . .	1 10	0
To the Clerk of the Court for every day while employed	. . .	. . .	1 10	0
To the Sheriff's Deputy for every day while employed...	. . .	. . .	0 10	0

Passage and Table being found in addition to the above Allowances to such persons as shall be sent from the Colony to Norfolk Island from the day of their departure until their return.

No. X X I V .