Page:History of Australia, Rusden 1897.djvu/532

---

at law the Chief Justice was to be aided by two assessors; but the parties might ret|uire a juiy of twelve men. The juror was to be a freeholder of not less than 50 acres, or a householder in a dwelling of not less than £300 value in the colony. The eighth clause enabled the Crown to cause trial by jury to be '* further introduced and applied/' Appeals were granted in cases exceeding £500, Courts of Quarter Sessions (sec. 19), were provided for, and the Governor was empowered to institute a Court of Eequests for cases under £10, to be tried by a Commissioner, to be appointed by the Governor, subject to approval of the Crown. The Council which Maeqoarie had dreaded was created. The 24th clause enabled the Crown to appoint a legislative body — not more than seven nor less than five in number. The members were entitled to enter on the minutes their dissent from any project of law; but if one or more members agreed w'ith biin, the Governor eould (entering his reason on the minutes) put the law in operation pending the pleasure of the Crown. In case of relmllion, or actual insurrection, the Governor eould make and promulgate Orders in face of the dissent of the whole of the Council. By the 26th clause the Crown had power, with advice of the Privy Council, to make and establish any law or ordi- nance which the whole, or a major part, of the Governor's Council had dissented from. By the 27fch no tax or duty could be imposed except for local purposes, and the purpose was to be distinctly set forth in the enactment. By the 28th the power to levy duties given by 59 Geo. UI. cap, 114 was made perpetual. By the 29th it was retj^uired that the Chief Justice should certify that any projected law was not repugnant to general law before the Governor could lay it before his CounciL The Governor could only fill vacancies io his Council ad ijiterim. The 84th dealt with pardons under the great seal. Errors had occurred. Some Governors had not duly sent the names uf pardoned persons for contirmafcion in England. All instruments of pardon by Governors were now made of the same effect as if they had been under the great seal, and the signification of His Majesty *s pleasure sufficed to make valid a pardon by the Governor. lie transportation was provided for «  I 4 i