[Footnote 136: Mr. Fitzgerald, a respectable settler, speared by the
natives (1831), was carried to his grave by his neighbours; but was
indebted to a prisoner, sought out for the purpose, for the religious
rites usual at funerals.]
SECTION IX.
On the 19th July, 1823, the British legislature enacted a law for the
"better administration of justice in New South Wales and Van Diemen's
Land, and for the better government thereof;" to expire at the close of
the session of parliament, 1827. The old courts with their military
functionaries were superseded,[137] and a supreme court erected; whose
jurisdiction extended to causes, criminal, civil, and ecclesiastical.
The judges were entitled to the powers and jurisdiction enjoyed by the
courts of King's Bench, Common Pleas, and Exchequer of England; and to
enquire into and determine all treasons or other crimes committed within
the Indian or Pacific Oceans. The military jury of seven officers on
full pay, were retained; but the court proceeded according to the forms
of civil tribunals. The trial of civil issues was confided to the judge,
and two justices of the peace chosen by the governor; the right being
given to either party to apply to the court for a jury of twelve
freeholders. The king was authorised to extend trial by jury at
pleasure. Causes of more than L500, or a less sum with consent of the
judge, were subject to appeal to the governor of New South Wales; and
appeals in certain cases were allowed to the king in council. The rules
of court were authorised by the king. Courts of quarter session, and of
request for sums under L10, were established. The governor, with the
advice of a council of five or seven, or the major part of them, was
empowered to enact ordinances not repugnant to the laws of England. The
duties levied under former acts were made perpetual, but the council
were inhibited from imposing a tax, except for local purposes. The
governor, with one member assenting, could pass any law: or, for the
suppression of a rebellion, although all might dissent: and the king was
empowered to enact an ordinance which the council might reject.
Public-domain text, read in full here on John Shaqi.
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