Page:History of New South Wales from the records, Volume 1.djvu/660

536 THE COURTS. In capital cases, five must concur. execution. Members of the Court to ■be sworn 1787 And Wee do hereby ordain and direct that execution of any judgment of death shall not be had or done on any offender or offenders unless five persons present sitting in judgment in our said Court of Criminal Jurisdiction shall concur in adjudging such offender or offenders so accused and tried as aforesaid to be respec- tively guilty, until the proceedings in the trial of such offender or offenders shall have been transmitted to us, our heirs and successors^ and our or their pleasure shall have been signified thereupon : And that execution be not done in any capital case whatever Warrant for without the consent of our said Governor, or in case of his death or absence, of our Lieutenant-Grovemor; and in case execution shall be suspended, that the said Governor or Lieutenant-Governor shall apply to us, our heirs and successors, for our or their direction therein: And our further will and pleasure is that all and every the members of our said Court of Civil Jurisdiction respectively shall, before they proceed to sit in judgment, severally make oath well and truly to try the several issues brought before them, and to give true judgment according to the evidence ; and that all and every the members of our said Court of Criminal Jurisdiction shall, in like manner, make oath to make true deliverance between us, our heirs and successors, and the several prisoners who shall by them be tried, and to give a true judgment according to the evidence. And Wee do hereby give full power and authority to our Judge- Advocate for the time being to administer such oaths to the resj)ec- tive members of our said several Courts. And further know ye that Wee, for preserving the peace of our said settlement and the islands thereunto adjacent, of our especial grace certain knowledge and meer motion have granted ordained directed and appointed, and by these presents do grant ordain direct and appoint, that our present and all our future Governors and Lieutenant-Governors, and our Judge- Advocate for the time being, shall be Justices of the Peace within the said place or settlement : And that all and every such Justice and Justices of the Peace shall have the same power to keep the peace, arrest, take bail, bind to good behaviour, suppress and punish riots, and to do all other matters and things with respect to the inhabitants residing or being in the place and settlement aforesaid as Justices of the Peace have within that part of Great Britain called England, within their respective jurisdictions. . And these our Letters Patent or the enrollment or exemplifica- tion thereof shall be, as well unto the said Courts respectively as unto all and every person or persons whomsoever, a sufficient warrant and discharge from time to time for all and whatever they shall do or execute in pursuance of our Royal will and pleasure hereinbefore declared. T)y the Judjce- Advocate. Justices of Jbhe Peace to have the same powers as in Enjcland. Authority of Letters Patent. Digitized by Google