Quarter Sessions Chairman Act 1852 No 36a (NSW)

No. XXXVI.

An Act to enable the Governor to appoint a Chairman of General and Quarter Sessions in default of the election of such Chairman by the Magistracy and for other purposes therein

mentioned. [27th December, 1852.]

1. Whenever it shall have happened in any year that no Chair­ man of General or Quarter Sessions shall have been elected for the ensuing year at the proper time or in the manner appointed for such election by the said recited Act it shall be lawful for the Governor to appoint such Chairman for the ensuing year and also in case of the death resignation removal illness or absence or expected absence from any of the Courts of General or Quarter Sessions of any Chair­ man appointed under the provisions hereof to nominate and appoint some

is made for the annual election at a certain time and in a certain WH E R E A S by an Act of Council passed in the third year of the reign of Her Majesty Queen Victoria numbered ten provision

manner of a Chairman of the several Courts of Quarter Sessions within the Colony by the Justices of the Peace of the said Colony but no provision has been made by law for the appointment of a Chairman of General or Quarter Sessions in case no such election should be made in any year by reason whereof inconvenience may arise Be it therefore enacted by His Excellency the Governor of New South Wales by and with the advice and consent of the Legislative Council thereof as follows :—

some other person to be and act as such Chairman in his place and stead for the remainder of the current year or for such less period as occasion may require.

2. I t shall be lawful for the Governor from time to time to appoint as occasion may require some person having a competent knowledge of the law to be and act as Chairman at any Court of General or Quarter Sessions in the place and stead of any Chairman appointed under the provisions of the recited Act or under the first section of this Act.

3. Such Chairman shall in the absence of other Justices have

full power to do alone whatever may be done by two or more Justices
sitting in General or Quarter Sessions.

4. And whereas doubts have been entertained whether in case of the absence of the Chairman from any Court of General or Quarter Sessions at the time proclaimed for holding the same such Court can be duly opened and adjourned or the business thereof be proceeded with Be it therefore declared and enacted That in any such case it shall be lawful for any two Justices of the Peace to open and adjourn such Court to the following day and in case such Chairman shall then continue absent it shall be lawful for the Justices assembled on such following day to choose a Chairman for the said Session and thereupon to proceed to the dispatch of the business thereof.