Page:History of New South Wales from the records, Volume 1.djvu/658

534 THE CIVIL 1787 Act of Parliament reoited :— Governor authorised to convene Court. Its constitu- tion and procedure. Sentence of death or corporal punishment. Provost- Marshal. In capital cases, five must concur. Court created accordingly. aforesaid, with authority to proceed in a more sumraaiy way than is used withiD this realm according to the known and established laws thereof : And whereas, by an Act of Parliament passed in this present year of our reign, it is enacted that his Majesty may, by his Com- mission under the Great Seal, authorize the person to be appointed Governor, or the Lieutenant-Governor in the absence of the Gover- nor of such place as aforesaid, to convene from time to time, as occasion may require, a Court of Judicature for the trial and punish- ment of all such outrages and misbehaviours as if committed within this realm would be deemed and taken according to the laws of this realm to be treason or misprision thereof, felony, or misdemeanour: Which Court shall consist of the Judge- Advocate to be apix>inted in and for such place, together with six oflScers of his Majesty's forces by sea or land, which Court shall proceed to try such offenders by calling such oflfenders respectively before that Court by the Judge- Advocate, and by examining witnesses upon oath to be ad- ministered by such Court, as well for as against such offenders respectively, and afterwards adjudging by the opinion of the major part of the persons composing such Court that the party accused is or is not (as the case shall appear to them) guilty of the charge, and by pronouncing judgment (as upon a conviction by verdict) of decitli^ if the offence be capital, or of such corporal punishment^ not extending to capital punishment, as to the said Court shall seem meet, and in cases not capital by pronouncing judgment of such corporal punishment, not extending to life or limb, as to the said Court shall seem meet : And that the Provost-Marshal, or other officer to be for that purpose appointed by such Governor or Lieutenant-Governor, shall cause due execution of such judgement to be had and made under and according to the warrant of such Governor or Lieutenant- Governor, in the absence of the Governor, under his hand and seal, and not otherwise : Provided always that execution shall not be had or done on any capital convict or convicts unless five persons present in such Court shall concur in adjudging him, her, or them, so accused and tried as aforesaid, to be respectively guilty until the proceedings shall have been transmitted to his Majesty and by him approved : And that the said Court shall be a Court of Record, and shall have all such powers as by the laws of England are incident and belonging to a Court of Record : Now know ye that Wee, upon full consideration of the premises and of our especial grace, certain knowledge, and mere motion, have thought lit to grant, direct, and appoint, and by these presents Wee do accordingly, for us, our heirs and successors, grant, direct, ordain, and appoint that there shall be within the settlement and colony afoi*esaid a Court which shall be called the Court of Criminal Digitized by Google