Quarter Sessions and Summary Jurisdiction Act 1829 No 1a (NSW)

156 No. 1. 10̂ GEO. IV. 1829.

Quarter Sessions and Summaty Jurisdiction.

ANNO DECIMO

GEOEGII IV. EEGIS.

No. I.

JU H lS D lC T iO N . ^ c t to jirovide for the holding of Genend or Quarter Sessions and for continuing the summary jurisdiction of Justices of the Peace in and for the Territory of New Soutli Wales and the Dependencies thereof until further provision shall be made for the same. [19 /̂i February, 1829.]

Preamble. 'Y T T IIE E E A S by an Act of Parliam ent passed in the fourth year of

V V the rei^n of H is present Majesty intituled “ A n Act to pro-

“ vide until the first day o f Jtdy one thousand eight hundred and “ twenty-seven and until the end o f the next Session o f Parliament fo r “ the better Administration o f Justice in New Smith Wales and Van “ Piemen’s Land and fo r the more effectual Government thereof and '‘fo r other purposes relating thereto ” provision is made for the holding of Courts of General or Q uarter Sessions in New South “Wales and its Dependenci(!s and for regulating the power and authority of such Courts and the punishm ent of crimes and misdemeanors committed hy felons or other offenders who have been or shall be transported to New South "Wales or its Dependencies And whereas the said Act of Parliam ent hath been since continued for a lim ited time and will cease to have effect on the first day of March next And whereas a certain otlier Act of Parliam ent passed in the n inth year of His said Majesty intituled “A n “ Act to provide fo r the Administration o f Justice in New South Wales “ and Van Diemen’s Land and fo r the more effectual Government thereof “ and fo r other purposes relating thereto” will commence and take effect upon and from the said first day of M arch And whereas in and by the said last-mentioned Act provision is made for the institution of Courts of General and Quarter Sessions w ithin the said Colony by Ordinances to be from time to time for th a t purpose made and enacted by the Governor of the said Colony with the advice of the Legislative Council thereof And whereas it is expedient to provide for the continuance of Courts of Sessions in New South "Wales and its Dependencies w ith the surnmary powers vested in such Courts by the said first-mentioned Act un til further and more effectual provision shall be made for such purpose by the Governor w ith the advice of the said Legislative Council

Courts of kScssions

appointed to be held	Be it therefore enacted by the Governor of New South Wales w ith the
until further provi­	advice of the Legislative Council That from and after the first day of
sion.	M arch one thousand eight hundred and twenty-nine the several Courts of General or Quarter Sessions appointed to be holden in New South W ales and its Dependencies in pursuance of any Proclamation of H is Excellency the Governor now in force shall have power and authority un til further provision shall be made as aforesaid to take cognizance of all m atters and things cognizable in a summary m anner in Courts

of

1829. 10'> GEO. IV. No. 2. 157

Provisional Courts o f Mequesis.

of General or Quarter Sessions by any Law of England or any Ordi­ nance of the Legislature of the Colony and the said Courts shall have power and authority in a like summary manner to take cogni­ zance of all crimes and misdemeanors not punishable w ith death which have been or shall be committed by any felons or other offenders who have been or shall be transported to New South Wales or its Dependencies and whose sc;ntences shall not have expired or been rem itted and the same to punish if such Courts shall see fit by extending the tim e for which such persons may have been originally transported or by transportation to such other part of New South W ales or the Dependencies thereof as shall or may be appointed for the reception of offenders and as the case may require and by hard labor for any time not exceeding three years and also in a like summary way to take cognizance of all complaints made against any such felons or offenders for drunkenness disobedience of orders neglect of work absconding or desertion abusive language to their his or her employers or overseers insubordination or other turbulent or disorderly conduct and all such offences to be punished by whipping or other corporal punishm ent not extending to privation of life or member or by removal to some other part or place in the said Colony or its Dependencies and hard labor according to the nature and degree of

sucfi offences respectively Provided th a t a return of all sentences Sentences t« be

imposed bv tbe said Courts sliall be made to the Governor of the said y' ŝmitted to tiie S i m i 1 1* • • I t j t j ^eercDiry ol 8tate.

Colony and snail be by him within six months transm itted to one ot

H is M ajesty’s Principal Secretaries of State in England.

2. Provided always and be it further enacted That in cases Sumnnuy jmisdie-

where any Court of General or Quarter Sessions shall not be appointed vesjj"or'^^ino.v to be holden w ithin one week after complaint shall be preferred against Justices of tiiercace. any sucfi offender as aforesaid at any place not more than twenty miles

distant from the place at which the offence shall lie charged to have been committed then and in every such case all and every the powers authorities and jurisdiction hereby vested in the said Courts of General or Q uarter Sessions shall be and are hereby vested in any one or more Justice or Justices of the Peace in and for the said Colony or in and for any district or county thereof.