Reserved Criminal Cases Act 1849 No 8a (NSW)
| 1849. | 18'̂ VIC. | No. 8. | 1835 |
liescrced Cruuinal Canes.
No. VIII.
| An Aet to provide for the | reservation and keservkp r,i,M | iNAr, |
decision of ])oints of LaAV in Criminal Cases
[20̂ /̂ Jidy, 1849.]
"Vl 7 lIE ltE A S it is expedient to })rovidc a better mode tlian that rreamiiic.
| Y V | now in nse ol' deciding' any diillcult (]uestion of law wliicli |
may arise in criminal trials in any Court of Criminal Jurisdidion and to mabc fiirllier amendments in the administration of tin; Criminal
| Law | Ec it therefore! cnacte'd bv ll is Excellencv the (loA'ernor of N(‘w Questions of law |
| ___- . _ - _ - * _ . _ . . . , . -- Tiiuv laxcnrvnrl |
| South Wales with the advit;e and consent of the Legislative Council ■,f(;'onr(s(!i4vhhnai thereof That when anv niu'son shall have been eouviete'd of any | , | • | • | 1 | r | ■’ | snieiation ul Judges. |
treason lelony or misdemeanor hetore any Court ot Crimmal Juris- ditition within the Colony the .lodge or Chairman or .Jnstiet's of the Peact! hefort' whom the cast'shall have been tried shall on the applica tion of Counsel made during the trial or Avithout such application in his own discretion reserve any tpiestion or questions of huv Avhich shall have arisen on the trial for the consideration of the ,Judge's of tht'
Suju'cme Court and thereupon shall have authority to respite execution of the judgment on such couA iction until siu'h ([ucstion or (juestions shall luiAX' bet'll consitlered and decitled and in every such cast! tht!
Court in its discretion shall commit the person convicted tt) prist)ii t)r sliall take a recognizance t)f hail Avith one or more suflicieut suretit's and in such sum as the Court shall think lit conditioned to appear at such time or times as the Court shall direct and render himself in t'xeeution.
2. And he it enat'ted'Phat tht! .lutlge Cliairnian or .Justices asQ’'''sti™sp-seivccito
| nt)w usual the question or questions tif hiAV Avhich shall havt! het'ii so rt'st'i'vetl Avith the spt!cial cirt'umstauces uptm Avhich the same shall have arisen and such ease shall he transmitted tti the .ludgt's of the [Supreme Court and the saitl .1 udgt's shall thereupon have liill poAA t'r anti authority to ht'ar and finally tletcrmine the saitl t|UCstion or tpies- tions and thererqion to revt'rse allirm or amend the jutlgment Avhieh shall have been given on the indietmi'nt or information on the trial wht'reof such question or t^uestions shall Iuia c arisen or to avtiitl such jutlgment anti to ortler an enti-y to hi! niadt! on the record that in tht! opinion of the said .Judges or a majority of them the party eouvicti'd ought, not to liaA'C hcen convicted or to arri'st the juilgmi'nt or to make such f)ther ortler as justice may require and such ojiinion anil order of the said Judges shall he eertilied under the hand of the Prothonotary to the Clerk of Assize or Clerk of thi' Peace as the ease may he Avho shall enter thi! saint! on the original recoril in proper form anil another eertitieate of the same tenor under thehantlof the Prothonotary sluill liy him as .soon as possihle he transmitted to the Sheritf or Caoler in | lilt! ease may he shall thereiqion statt' in a cast! signed in tht! manner judges. shall he a sufficient Avarrant to such Sheriff or Gaoler and all other persons for thi! I'xecution of the jutlgment as the same shall he so certified to have been afiirmt'd or amenth'd and execution shall hi' thereupon executeil on such judgmeul, ami for the discharge of the person convicted frtnn furthei- imprisonment if the judgment shall he reversed avoided or arresteil and in that case such Sheriff or Gaolt'r shall fortliAvith discharge him or a\ lit'u he shall he at large on hail tin! next Court of Gaol Delivt'ry oi' Sessions of the Peaiie as the case may | |
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| 1836 | N o . | 9 . | 13*̂ VIC. | 1849. |
Moreton Bay a Warehousiny Bort.
| jiuigmcnts tobe | 3. And be it enacted That the jurisdiction and authorities by cised at the Supreme Court House King-street Sydney or other con venient place and the judgment or judgments of the said Judges shall be delivered in open Court after hearing Counsel or the parties in case the Attorney General or other prosecutor or the person convicted shall think it lit that the case shall be argued in like manner as the judg ments of the Supreme Court are now delivered. |
| Coi’I | e | g | i | v | e | n | to the said Judges or a majority of them shall be exer |
| Case or certiBcate | 4. And be it euactcd That the said Judges when a case has been |
| amLtoTnt | ' I’cscrved for their opinion shall have power if they think tit to cause the case or certificate to be sent back for amendment and thereupon the same shall he amended accordingly and judgment shall be delivered after it shall have been amended. |
| rennlty for forgery. | 5. And be it enacted That every person who shall forge or alter or shall offer utter dispose of or put off knowing the same to he forged or altered any certificate of the Prothonotary with intent to cause any person to be discharged from custody or otherwise prevent the due course of justice shall he guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be transported beyond the seas for any term not exceeding ten years or be imprisoned for any term not exceeding three years with or without hard labor and solitary continement both or either at the discretion of the Court before which he shall be tried. |
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