Third Judge Act 1866 (SA)

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ANNO TRICESIMO

No. 11.

AN Act to amend a The Third Judge and District Courts Act,"

nnd f o ~

other purposes.

[Assented to, l l t h January, 1867.1

HEREAS it is expedient to amend "The Third Judge and Preamble.

W District Courts Act," and to make further provision for the

trial of prisoners by the Courts held under the said Act, and to

enable the Governor to issue a special commission to any Judgc to preside at any Civil Sittings of the Supreme Court-Be it therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

*

1. The Governor, with the advice and consent of the Executive Governorma issue

Commiseion P

or hold-

Council, may, from time to time, issue a commission, directed to ing

courts in Adclaide

any one of the Judges of the Supreme Court, authorizing and requiring such Judge to hold and preside at any Criminal or Civil Sittings of the Supreme Court; and thereupon the Judge named in

such commission shall proceed to hold and preside at such sittings

according to the terms of such commission.

2. Notice of the issue of such Commission shall be given in the Notice of issue of

Commission to be

Government Gazette not less than one day before the day appointed gVen

Goverfl.

for holding such sittings.

m a t Gcczette.

3. Any person may be put upon his trial for any crime or Peraons maybe

tried

offence whatsoever, before any Court to be held by virtue of any suoh Courtsin same

fa offences before

commission to be issued under the Third Judge and District Courts manner

at Crimind

Act, or this Act, in like manner as at any Criminal Session of the a&,

Beseiona of Buprerno

Supreme

30° VICTORIZ, No. 11.

Tirird Judge and District Courts Act,-1866-7,

Supreme Court, upon an information presented in the name and by the authority of the Attorney-General for the time being of the Province of South Australia; and no such information shall be illvalidated by reason of the death or resignation before the trial, of the Attorney-General, in whose name such information has been presented; but the same shall be proceeded with in all respects, as if such Attorney-General had continued in office till after the trial upon such information.

Incorporation,

4. " The Third Judge and District Courts Act," and the Act No. 10 of 1852, intituled "An Act to Provide for the Trial of Offenders without the Intervention of Grand Juries " (save in so far as the said Acts or either of them are inconsistent with this Act) shall be incorporated and read together herewith as forming one Act.

In the name and on behalf of the Queen, I hereby assent to

this Act.

D. DALY, Governor.

__I_

Adsluids : Prinkd by autborif~ by W. C. Cox, Qovernmont Printer, Viotorilcrqnur.

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