NT Justice Act 1875 (SA)

ANNO TRICESIMO OCTL4V0 ET TRICESIMO NON0

No. 15.

An Act for the better Administration of Justice in the Northem

Ter~itory,

[Assented to 15th October, 1875.1

TIIEREAS it is expedient, for the more effectual Ahinistratim Proamble.

of Justice in the Northcm Territory, to make temporary

additional provision for thc trial of causes and offmders therein- Australia, with the advice and consent of thc Lvgislative Council and House of Assembly of the said Province in this present Parlia- ment assembled, as follows:

1. In this Act the following terms shall, cxccpt when inconsistent Interprctalion,

with the subject matter or context, have the meanings hereby

. assigned to them respectively-

" The Territoryv-That portion of the said Province lying to the

north of the twenty-sixth parallel of south latitude:

" Special Magistrate "-A Special Magistrate, appointed by the

Governor, pursuant to the powers in t,hat behalf conferred upon him by the " Local Court Act, 1861":

Deputy Sheriff "--The deputy appointed by the Sheriff to per- form the duties of Sheriff in the Territory, pursuant to

'' The Northern Territory Deputy Sheriff's Act, 1874":

" Supreme Courtn--The Supreme Court of the said Province.

R 2. Any

380 & &g0 VICTORIB, No. 15,

The Northern Territory Jzcstice Act,-1875.

Commission may be

directed to Prac-	2. Any Commission which shall be issued by the Governor autho- and for the trial of issues and the asscssrncnt of damages in the Supreme Court, to be holden in the Territory, pursua*t to G The Third Judge and District Courts Act," and the Act No. 6 of 1868-9, may be directed to a Practitioner of the Suprcme Court of at least seven years' standing, or to a Special Magistrate; and such Practitioner or Special Magistrate shall proceed to hold such Court accordingly, and shall, during the continuance and in the exercise and performance of such Commission, and when holding such Court, possess and exercise all the powers, duties, and dis- cretion~ of a Judge of the Suprcme Court acting by virtue of a Commission issued to him pursuant to the said Acts: Provided that no felony punishable by death shall he tricd at any Circuit Court presided over by such Practitioner of the Supreme Court or special Magistrate.
titioner or Special,	rizing a Court of Oyer and Terminer and of General Gaol Delivery,
Mngistrate.
aorernor may fix	3. The Governor may, from time to time, by Proclamation, to be published in the

qualification and alter	G o v e r n m e n t Gazette, fix and alter the qualifications
number of jurors,

of persons liable to serve as jurors in the Territory; and may also, by Proclamation, published as aforesaid, direct and order that, not- withstanding the provisions df section 26 of " The Jury Act 1862," the trial in any Court so to be holden as aforesaid of issues joined upoh any information and of issues joined and the inquiry of damages in all civil actions (except of actions tried without a jury), shall be had by a jury of not less than six men qualified as men- tioncd in the same section, or as altered by the first-mentioned Pro- clamation.

Jurora to bc mm-	4. Upon receiving any such Commission as mentioned in section Magistrate, to whom the same shall be directed, shall issue a pre- cept directing and rcyuiring the Dcputy Sheriff to summon not less than twdve nor morc than twenty-five (or in case the number
moned.	2 of this Act, the Practitioner of the Supreme Court or Special
of jurors shall be reduced as in the last preceding section men- tioned, thcn to summon not lcss thwn six nor more than twenty-
five) of thc persons qualificd and liable to servc as jurors, to attend at the time and place appointed for holding the Court, and on receipt of the said precept the Deputy Sheriff shall procecd to summm the persons aforesaid within the time and in manner rc- quirecl by " The Third Jndge and District Courts Act," and thc p~rsons SO summoned shall be jurors for the trial of all felonies and misderneanors, and of all issues of fact, and for the assessment of damages in all causes to be tried or assessed at the Court to be holden by virtue of such Commission.
hformations.	5. Any person may bc put upon his trial for any crime or offence wh%tsoever, not punishable by death, before any such Court, upon an information presented in the name and by the authority of the Attorney-General or of the Deputy Sheriff, in Like manner
as at any Criminal Session of the Supreme Court upon an in-

formation

380 & 39" VICTORIB, No.. 15,

The Northern Territoy Jrastice Act.-1875.

formation presented in the name and by the authority of the Attorney-General for thc time being; and no such information shall be invalidated by reason of the death, resignation, or removal from office before the trial, of the Attorney-General or Deputy Sheriff, in whose name such information shall have been presented; but the trial shall be proceeded with in all respects as if such Attorncy-General or Deputy Shcriff had continued in ofice after the trial upon such examination. The Attorney-General shall have the same control over any information prescntcd in the name of the Deputy Sheriff as if the same were presented in the namc of the Attorney-General.

6. Every Practitioner of the Supreme Court, or Special Magis- Record to be cent to

'	trate, presiding at such Court, shall transmit full notes of the Supreme Court.
evidence given at any trial or assessment of damages, together with
a certificate of the vcrdict of the jury, and, in criminal cases, of the
sentence passed by him on the offender, together with the informa- tion upon which such offender was tried, to the Clerk of Arraigns of the Supreme Court, there to be kept among thc records of the Court.

7. Any person convicted of any crime or offence by any such Appeal.

Court may appeal to the Supreme Court against such conviction on the ground that there was not sufficient evidence to go to the jury of the commission by the appellant of such crime or offence, and the Supreme Court hearing such appeal, if the notes of the evidence given at the trial, transmitted as required by the last preceding section of this Act, shall not disclose sufficient evidence of the con~mission of the crime or offence whereof the appellant shall have been convicted, may reverse and set aside the conviction; but no action shall lie against the Practitioner of thc Supreme Court or Special Magistrate presiding at the trial, or the Deputy Sheriff or any gaoler, constable, or other person by reason of such conviction or of the setting aside and reversing thereof or of anything done thereunder; and no such	appeal shall be heard unless notice thereof be given to the Crown	Solicitor and the Clerk of Arraigns of the Supreme Court within six
months after the conviction complained of, or such further time as may be allowed by the Supreme Court,

8. The Third Judge and District Courts Act," and the said Act Inoorporation.

No. 6 of 1868-9, shall (except so far as inconsistcilt with this Act, and whilst this Act continucs in force) be incorporated and rcad herewith as forming one Act: Provided that in Section 4 of the first-mentioned Act the words " within twenty milcs " shall be read

within one hundred milcs," and that whenever in the said Acts

the word Sheriff" occurs the same shall be rcad as " Deputy

Sheriff. "

9. This Act .may be cited for all purposes as " The Northern short title and durn-

Territory Justice Act, 1875," and shall continue in force for two tion.

years

38O & 39" VICTORIB,' No. 15.

The Northern Territory Justice Act.-1875.

years from the passing hereof, and for such further period (if any) not cxcecding three years, as may be fixed by the Governor by Proclamation published in the Government Gazette.

In the name and on behalf of Her Majesty, I hereby

assent to this Bill.

A, MUSGRAVE, Governor.

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Adelaide : By authority, W, C. Cox, Gopernmont Printer,