Sessions of the Peace Act 1842 (SA)

VICTORIA3 B E G I N B

No* 7.

By h& Excehcy GEORGE G ~ E Y &quire @overnor and Commu&r-in-

micf of her MajeJty's Province of South Australia and itb Dqe-S

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and Vice-Admiral of t l ~ same by and witA th advice and consent of the

of the Sessions of the Peace South

Australia.

WHEREAS	it is	and regulate General
Sessions of the	and for that purpose

to repeal an Act

the Peace for the said Province or for districts thereof shall be and

year of his late	for the establish;^, Wm. 3v.; N	,	.	3
ment of Courb

GREY Esquire

Governor i d of South Australia and its Dependencies and Vice Admiral o f a e same by and

with the advice and consent of the Legislative ~ o u n c d

horn and after the passing of this Act the before

he and the same is hereby repealed.

11. And be it further enacted that Courts of General Sessions

and the same are hereby authorised to be holden at such timespnd $aces as the Governor shall by proclamation from time to ti B ap- point: Provided that such Courts may be so appointed to P held more or less frequently than four times a year as conveniepcce may t

require. and that each of such Courts shall have power to adjourn its

sittings from time to time.

.l

Authority of such 111. Anqbe it enacted that the said Courts of General Sessions of

courta.	the Peace shql be Courts of Record and shall be held before any two or more Justicbs of the Peace of the Province whereof the Chairman or Deputy Chairman aftermentioned shall be one and shall have power and authority and to them power and authority is hereby given to take cognizance of all crimes and misdemeanors of which the Courts of General or Quarter Sessions of the Peace for any County in England may take cognizance ,(except only such as are by law punishable with death or transport tion for a term exceeding fifteen years) and
of all such appeals and o ?er matters and things as may be assigned
to Courts of General or Qhrter Sessions of the Peace by any Act of
the Governor and Council ohthe Province heretofore or hereafter to % \
be passed.
supreme Judgestobe	IV. And be it enacted and '&xlared that every Judge of the Suprcme (Jourt of the Province shall be and be deemed ex officio a Justice of the Peace for the Provinc\and may act as such without taking any other oaths than such as he shall have taken as Judge.
Justices.

\ \

Chaiman of courur.

V. And be it enacted that it shall ke lawful for the Governor from time to time to nominate and appoint during pleasure any Justice of the Peace possessing competent knowledge of the law to be Chairman of any such Court or of any two or more of such Courts: Provided that in case of the illness temporaiy incapacity or absence from the Province of the Chairman of any such Court the Governor may appoint any Justice to be Deputy' Chairman of such

Court who during such

no longer shall be

Court for the time being to all intents and

that in case of sickness or unavoidable

be empowered under his hand and

D W ~ Y Cl~+irmm- Governor to

Peace so to

.then next ensuing and no longer or otherwise.

Alinisterid Officers. VI. And be it enacted that it shall be lawful for the Gover or

f

,	fkom time to time to nominate and appoint Clerks and a l
ministerial and other proper officers of the said Court and the same at any time to remove and appoint others and in case of the

absence

,

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of any such officer from any sitting the Chairman for the

may appoint some other fit and proper person to act in

his &:ad at such sitting.

enacted that any Court of ~ e n c r a l Sessions of the sssim of Lb. P-

power and is hereby authorised and required to to Bdmlnistet orths to	Magi8tratsr.
her M?jcsty's Justices of the f eace the usual oaths required by law to be taken by Magistrates on their

appointment%nd every person now or hereafter to be appointed a	'
Justice of the Pence for the Province or any district or place therein
and who shall not have taken the oath of allegiance' and the oath of

.

office as hitherto taken before theJudge ofthe SupremeCourt shall before	l	C
acting as a Justice of the Peace take such oaths or if a quaker or other person autlioris'ed by law to affirm in place of an oath shall affirm to the effect o such oaths before any such Court of General
Sessions of the Pcace or tefore any Judge of the Supreme Court and 2
no person s l d l be deemed qualified to act as such Justice until he

shall have taken such oaths or made such affirmation as aforesaid. \ i 'ii

VIII.	And be it enacted	aaj-
s h l e Jutice may f3

Justices shall not be	1
holding of any such	l i\ 0

m m or not) shall be Court for the purpose P

oidy of opening such	the same and respiting	1
1
all rccognizances	such Justice then and	,
there shall cause to be proclamed.

IX. And be it enacted that jurors an others required to attend Aa to summon=

; i t any Court of General Sessions of the Peace shall be summoned by duty of Sheriff &c. i

vi~tuc of n precept to be issued in manner aftermentioned directed to

the Sheriff for that purpose and the Sheriff or his Deputy

shall ~roceed therein in like manner and be

cute the sanie duties in respect of such	in England
i\rC required to do in respect of Courts

tllcrcto as circumstances may admit

Grand Jury shall not be summoned to the Sessions of the Peace.

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X. And' be it further Powa to enfolce at-

of Petit ,g'urors witnesses and others the teadance Lo.

and

and subpenas commandins the attendance of witnesses at any Sessions

Peace shall be issued in the name of her Majesty tested in the of the Chairman and si;ned by the Glerk of the Court or other

offi r appointed for that purpose.

**iomNa~	%
~ 1 k v i d e d always and be it further enacted that whensoever
fortrialbeforeSupreme

Court. it shall ppear that any crime or offence from its nature or magnitude ought to bq tried before the Supreme Court it shall ue lawful for any such CourAof General Sessicns of the Peace to leave such case for trial before the Supreme Court and to take proper recognizances for the appearance of parties allcl witnesses thereat which recognizances shall be returae to the Supreme Court at the next criminal sitting thereof.

t

with at Sessions of the	~:r i~ndJg~dk=lued XII. And be it ed7ted that in order to dispense with the atten-
Peace. dance of the Grand Jury and otherwise to expedite the business at Sessions of the Peace all.crimina1 proceedings before any such Court of General Sessions of th&.Peace shall be by intormation in the name of her Majesty's

be lawful for

crime or

all necessary

recognizances.

Fornu of proceedmga XIII. And be

fees &c,

of General Sessions of the Peace from	make such rules
for regulating the practice and forms	the same courts

throughout the Province and to

fees to be

taken therein as shall seem

inconsistent with the

shall be lawful for

or any of them

cease to be observed and taken,

Governor G* So h Australia-

Rassed the Legislative Council this second

day of November, One Thousand Bight

Hun dred and Forty-two.

ADELAIDE

Muted by. authority by ABOEI~UD MAODOU~ALL, Government Priatef, B u n d l ~ r l 1