NT Justice Act 1884 (SA)

ANNO QUADRAGESPMO SEPTIMO ET QUADRAGESIh40

OCTAVO

A. D. 1884.

No. 311.

An Act to declare the Law of the Northcm Territory,

and to make better ~rovision for the Adminis-

tration of Justice therein, and for other purposes.

[Assented dol Se#feazber m f h, 1884.1

IIEREAS it is drsirable to assimilate, as h as possible, the p,,,,i,l,.

W South Australia, and to rnakc better provision for the aciminis- law of the Northern Territory to the LW of the rest of

tration of justice in the Northern Territory-Ue it bhacted by the Governor of the Yrovincc of South Australia, with tllc advice and consent of the Legislative Council and IIouse of Assembly of the said province, in this present Parliament assembled, ils follows:

" The Northern Territory" shall mean all that portion of the said province lying to the north of the twenty-sixth parallel of south latitude, arid between the one hundred and twenty- ninth and the one hundred and thirty-eighth degrees of east longitude, together with the bays and gulf there situated, and all and every the islands adjacent to any main land within such limits as aforesaid: Deputy

1. In this Act the following terms shall, so far as is consistent Inhrpret9tion.

with the context, have the meanings hereby respectively assigned to

them, namely-

" The law of South Australia " shall mean the law, fkom what- ever source derived, and in whatever form expressed, which for the time being has been or is now operative in that portion of the province which is south of the twenty-sixth

parallel of south latitnde:

47" & 48" VICTORILE, No. 3 I I.

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The Northern Tewitoly Justice Act.-1884.

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"Deputy Sheriff" shall mean the deputy appointed by the

hir riff to perform the duties of Sheriff iu the Northern 7'er-

ritory, pursuant to the Northern 'I'erritory Deputy Shcriff'g

Act, 1874:

" Supreme Court" shall mean thc Supyeme Court of the said

province.

1. a ~	of south AUS-	2. 'l'he law of South Australia, except the Statutes s6.t forth
trali:~	to apply to

Northern Territory.	in the Schedule hereto, and except any Statute repealcd bp any of
the Statutes SO set forth, shall be. andwsincc the twentv-sccord t3av J J
of September, one thousand eight, hundred and sixty-three, shall bc deemed to havc bcen, the law of the Korthern Trrritorv so far as applicable thrrcto, and, i ls regards Statutes. so fa- as th~'Nurthern
Territory shall not have been ;xpressly exccptcd tlicrcfrom.

Futwe statutes to	3. All futurp Statutes of the Parliament of South Australia
iipply to Northern

Teuitorp.	shall, so far as applicable, applv to the Korthrun 'I'erritorg, except in so far as the Northern 'l'erriiory shall be expressly excepted from the operation of such Statutes.
Saving of Statutes

purpolting expressly 4. Nothing in this Act a)ntained s l d l he held to repcal or

to apply t o t h restrict thc opera~ion of such Statntcs or parts of' Statutes as purport

Northern Territol~. expressly to apply to tllc X orthrrn Territory.

Appointment of

Judge of Northern 5. The Governor mav appoint :in y practitioner of the Supreme

T e r ~	itory.	Court to bc a budge in	S o r t h m 'l'erritory,	undcr the style of
"

Judge of the Northern 'l twitory."

Commiwion may issue 6, Any commission issncd nncler section 2 of thc Nortlicm

to Judge	Territory under 15 of Territory Justice Act. 1h76, may hc dircctrd to thc Judgc of the
capital WWS. like powers nxld jurisdiciiun, and perform the like dutics, and enjoy 1si.i, m d he map try Northern Territory, and hc: shall thel.cupon possess and exercise the

the like p~ivileg.& and immnuitirs a s if the said Act had provided that corrhnissions could be issiwd to such Judgc under t h e said

section, and as if the proviso t,herrto had not contained thc exception of felony punishabic by death. And the Judge of the Northern	Territory shall possess and exercise in the Northern Territory, and
in relation to the Public Trustee for the S o ~ t h e r n Territory, the like powers and jurisdictions as are exercised by a Judge of the
Supreme Court under the Public Trustce Act, 1880, in relation to
the Public Trustee.

sentence of deathnot

7. No sentencc of death shall be carried out until the lapse of

the time provided by the seventh section of the Northern Territory

to be executed till

of time for

appeal under 16

of 1875.	Justice Act, 1875, for notice of appeal by the person convicted, and of any extended time allowed as therein mentioned, nor during the pendency of any appeal by the person convicted, nor till after dismissal thereof.
Yrovisions of 15 of

1875 to apply to 8. Save as aforesaid, all the provisions of the said Act regarding

Judge of Northern the person t o be appointed under such Commission shall apply to the

,pritory and Judge

1

1

470 & 48" VICTORIE, No. 31 I.

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l%e Northern Territory Justice Act.-1 8 $4.

Judge of the Northern Territory, and the provisions of the said Act Deputy Shers.

relatmg to the Deputy Sheriff shall, mutatis mulandis, continue to

apply to him.

Q, The provisions of cc The Northern Territory Justice Act, 187 5," Inco~pomtion of

shall be incorporated and read with this Act, save so far as incon- 15 of 1875.

sistent therewith.

10, The Governor may appoint an officer to act in and for the Governor may RP- point Deputy Public

Northern Territory as deputy of the Public Trustee, and to be called ~,,t, for ~ ~ r t h e ~

the Public Trustee for the Northern Territory; and such officer, Terr'tory-

before entering upon his office, shall give security, to the satisfaction

of the Governor, for the collcction and due payment of and See188~f1880-

accounting for all real and personal property which shall come to

the hands of such officer.

11. The officer so appointed shall he under the general control Duties of Public

and supervision, and shall be subject in all things to the directions T, ~ ~ ~.

Trustee for Northern

of, the Public Trustee, and, subject to such control, supervision, and directions, shall, in relation to the Northern Territory, perform

the duties and enjoy the powers and immunities provided by law

with regard to the Public Trustee; and the provisions of the "' Public

Trustee Act, 1880," shall, mutatis mutnndis, apply to such officer.

12. The seal to be used by such officer shall be engraved with His aeal.

the words '' Public Trustcc for the Northern Territory."

13. The power of making rules and regulations contained in Ruleaandregul~tion8.

section 83 of the Public Trustee Act, 1880, shall extend to autho-

rise the making of rules and regulations with reference to the

exercise and performance of the powers and duties of the Public

Trustee for the Northern Territory.

14. This Act may be cited as '' The Northern Territory Justice short title

Act, 1884,"

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

this Bill.

WILLIAM C. F. ROBINSON, Governor.

'I'H E

-- VICTORIA?, No.

T h e Northem Territory Justice Act.-1884.

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Title of Act

2nd Schedule of 27 l, --	---
1882.

No. 9 of 1553 An Act to r~gulrtte the occupation of Crown 1,:~ncls in South Australia.

No. 5 of 1857-8 An Act for regulating the sdc ~ l n d other clisposal of Waste h n d ~ helonging to

thc Crown in South Australia.

No. l 8 of 1858 An Act to amend 'C Thr: Waste Lands Act."

So. 20 of 1858	An Act for an Xssessnient on Stock, and for other purposes therein nirntioncd.
No. 13 of 1869	An Act to proviilc for thc definition of Iloundaries uf Runr and the survey of Lands for IMiner:tl Purposes try mtban\ of licensed S I L I ' V C ~ O T ' ~.
No. 7 of 1861	An Act to amend an Act, Ko. 20 of 29nd Victori:t, intituled L' An Act for an

Assessment on Stook, and for other purposes thorein mentioned."

No. 16 of 1862 An Act to ~ r o v i d e for an appeal against awssments of the Waste Lilnds of thr

Crown leawit for pastoral purposes.

No. 1; of 1562 An Act to provide for the future :~ppropriatiou of lrrocceds of the Witste Lands

of the Crown i n the province of South Austri1.1ia.

No. 22 of 1862	An Act to further amend an Act, No. 20 of 22nd Tictolia, intituled "An Act for tm Assessment on Stock, and for other purposes therein nientioned."
No. 13 of 1863	An Act to provide for the reduction of t h ~ Assessment of cwtnin Yastorsl Lands. of the Government not being Waste Lands of the ('rown.
No. 2 of 1864	An At:[ to enable the Governor to lertse fur mineral purposes land the property
No. 8 of 1864	An Act to authorise certain r~durt ions in the valuation~ of runs undcr the Act

intituletl l L An Act for an Assesiment ou Stock, and for other purposes therein mentiomcd," and to provide for the corllpensation for improrenlentv to he allowed on resumption to lessees of pastord lands under renewed leases.

An Act to cl\tcwI the t c m s of certain leases of tllc Waste Lnntls of the Crown

f o ~ pastoral l)urposcb8, and to mnkr pro\Gion foi rntant in wrt'tin ( a m for improvements eKcctctl on hnds complised in lcdses gmnttd tor renewed twms undtr the A L ~, No. 20 of 1%8, infitulcd " 1111 tlvt for an Assvbsruent on Stock, u i d for other pnlposcs therein ur l~t~onct l ."

No. G of 1865- 6 An Act to repeal a n Ordinal~ce, KO. 10 of 1846, ( L To vncourugetho Ftwing of

Land," and to make other pr orisions in lirw thereof.

No. 8 of 1865-6 An Act to amend Act No. 18 of 1858, intilulctl 'L An Act to amimd the Wasto

Lands Act."

Xo. 16 of 1865-6 An Act to amend the IALWS relating to the leilsing of W:~stc Lands of the

Crown ~vithin the l~ruvincc of South Australia for pastoral p~~rposcs.

No. 23 of 18G7 An Act to r e p 1 "L The Mineral Leasrs Act, 18G2," : L T ~ to make other pro- visions for the lt~ming and occ~qxttion of the V s ~ t e L:inds of the Crown in

the province of South Austmlia for mineral purposes.

An Act to amend L ( Thc Waste Lands Amendment Act, 1367."

An Act to further amend ['The Wtrste Lands Aet."

An Act 10 $mend The Waste Lands Amendment Act, 1868-9."

An Act to amend the laws relating to the leasing for pastoral purposes of certain

of thc Waste Lands of the Crown in tht. province of South Australia, and

for other purposps.

To. 26 of 1870-71	A n Act to amend the Laws relating to Gold Mining, and for other purposes.
No. 27 of 1870-71	An Act to further amend " The T a s t e Lands Amendment Act, 1868-0."

No. l 8 of 1872 A n Act to regulate the Alienation aml Sitlc of the Waste Lands of the Crown,

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Adelaide: By authority, E. SPILLER, Government Printer, North-terrace.