Quarter Sessions Act 1830 No 14a (NSW)

1830. 11' GEO. TV. No. 13. 247

Quarter Sessions.

No. XIII.

An Act to amend an Act of the Governor and qi'arteb sessiokh .

Council intituled An Act for instituting and “ regulating Courts o f General and Quarter “ Sessions in New South Wales'’ and for better regulating the powers of Justices of the Peace therein. [20th May, 1830.]

l ^ r i l E l l E A S in pursuance of the Act of Parliam ent in such case

Y Y made aiid provided a certain Law or Ordinance was passed hy

t he Governor and Council in the ten th year of the reign of Ilis present

Majesty in titu led “ Act fo r instituting and regulating Courts Ocu. iv. No. 7.

General and Quarter Sessions in New South Wales” And whereas it is expedient th a t the Courts instituted under and by virtue of the said Law or Ordinance should have a summary jurisdiction over felons

01* oflianlers convicted of transportable offences in. New South Wales

or the Dependencies thereof and over any felon or offender removed or otherwise coming to the said Colony or its Dejiendencics from Van Diemen’s Land Be it therefore enacted l)y His Excellency the Governor Comts of General

by and w ith the advice and consent of the Legislative Council That si\'lV*̂ '.Ke'rĉ ic

the said Courts of General and Q uarter Sessions shall have and imuy jurisdiction

(txcrcisc such and the like summary jurisdiction powers and authorititts	Nĉ v'sonti’i’\™̂̂^̂
over felons or olfcnders convicted of transportable olFences in N e w South W ales or the Dependencies thereof or removed or otherwise coming to the said Colony or its Dependencies from Van Diemen’s Land as in and liy the said Law or Ordinance of the Governor and Council are vested in such Courts over felons or offenders transported to tlic said Colony or its Dependencies.

2. And b(! it fu rther enacted That any two or more Justices Any two.lustices

of the Peace assembled and sitting in open Court w ithin any part or shunKracenned̂ r*'̂

place of the said Colony or its Dependencies shall be and be deemed	t of Sessions,
to be a Court of Sessions w ithin the meaning and intention of the said Law or Ordinance and such two or more Justices shall liavo and exercise such and the. like summary jurisdiction powers and authorities over felons and offenders as in and by the said Law or Ordinance or by th is or any other Law or Ordinance are or shall be vested in the said Courts of General and Quarter Sessions.

3. And whereas it is expedient th a t a summary jurisdictionsumiuaryjmis-

sliould in certain cases and under certain lim itations be confided b>

one Justice of the Peace Be it further enacted That such and the Justice cf ui<- i>e.ac(.

like jurisdiction powers and fiuthorities as are in and by the said Law or Ordinance or by this or any other Law or Ordinance vested in the said Courts of General and Q uarter Sessions for the taking cognizance in a summary way of any complaint made against any such felons or offenders as aforesaid for drunkenness disobedience of orders neglect of work absconding from the service of his or her master or employer abusive language or other disorderly conduct and for punishing such offences or any of them shall be and all such powers authorities and jurisdiction are and is hereby vested in any one .Justice of the Peace for the said Colony or its Dependencies.

4. Providcxl nevertheless and be it further enacted That nothing

herein contained shall authorize or be deemed to authorize any Justice own Lrvants.

or Justices to exercise any such jurisdiction or authority as aforesaid

m any case of any such felon or offender as aforesaid Avho shall at the,

time

248	No. 13.	i r GEO. IV.	1830.
Quarter Sessions.

tim e of committing any such offence be in the service of such Justice

or Justices.

itecorcis to be kept of 5 And bc it furtlicr enacted That such and the like records

offenders mimes and n n i n i c -j t i.

returns made tiicrcof. of tlic namcs of ail sucli Icioiis Or ottcndcrs as aforesaid who may bc

convicted in a summary way heforc any two or more Justices of the Peace or before any one Justice as aforesaid shall bc kept in books to bc provided for th a t purpose in such and the like form and returns thereof shall bc transm itted in like m anner as in and by the said Law or Ordinance is directed and required.

Penalty for failing

to keep such records 0 . And be it further enacted That if any Clerk of the Peace

and to make such

whose duty it is and is hereby declared to be to keep such records and

returns.

make such returns as aforesaid or any Justice or Justices where there, shall bc no such Clerk shall fail to keep or cause to bc kept such and the like records as by the said Law or Ordinance is required or to make or cause to bc made such and the like returns as therein is directed he or they respectively shall forfeit for every such failure a penalty or sum of Ten Pounds to be recovered in a summary way before the next Court of Q uarter Sessions.