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Governor to proclaim Courts of General Sessions

Authority of such Courts

Chairman of
Courts

Clerks and other officers

One Justice may adjourn

Justices of the Peace, doc.

either of bringing the prosecutors, witnesses and prisoners from so great a distance to Perth for trial, or sending the Chairman (who is also the Commissioner of the Civil Court), the Advocate-General and the Officers of the Court of Quarter Sessions to so great a distance from Perth to the serious interruption of public business: Be it therefore enacted by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof: That Courts of General Sessions of the Peace for the various districts of this Colony may be holden under and by virtue of the provisions of this Ordinance, at such times and in such places as the Governor shall by proclamation from time to time appoint : Provided that such Courts may be appointed to be held more or less frequently than four times a year, as convenience may require, and that each of such Courts shall have power to adjourn its sittings from time to time if necessary.

2. And be it enacted that the said Courts of General Sessions of the Peace so appointed for such districts shall be Courts of Record, and shall be held before any two or more Justices of the Peace of the said Colony, whereof the Chairman or Deputy-Chairman, as hereinafter mentioned, shall be one, and shall have power to hear and determine all felonies whatsoever not punishable with death, including forgery and perjury at common law and all other misdemeanours whatsoever committed in any part of the said Colony, and whether the same shall have been committed before or after the passing of this Ordinance, and all such appeals and other matters and things as may be assigned to General or Quarter Sessions of the Peace by any Ordimance heretofore or hereinafter to be passed : Provided that nothing herein contained shall be construed to give the said Courts jurisdiction over any offence which by the laws of England is exclusively cognizable by Courts of Admiralty.

3. And be it enacted that it shall be lawful for the Governor from time to time to nominate and appoint during pleasure any Justice of the Peace to be Chairman of any such Courts: Provided that in order to provide for the case of the illness, temporary incapacity or absence from the Colony of the Chairman of such Court, the Governor may appoint any other Justice to be Deputy-Chairman of such Court, who, during such illness, temporary incapacity or absence, and no longer, shall be deemed and taken to be the Chairman of such Court for the time being to all intents and purposes: Provided also that in case of sickness or unavoidable absence the acting Chairman shall be empowered, under his hand and seal, to appoint a Deputy-Chairman, being a Justice of the Peace, to act for him at the Court of General Quarter Sessions of the Peace for the district then next ensuing, and no longer or otherwise.

4. And be it enacted that it shall be lawful for the Governor from time to time to nominate and appoint Clerks and all Ministerial and other proper officers of the said Courts, and the same at any time to remove and appoint others, and in case of the absence of any such officer from any sitting the Chairman for the time being may appoint some fit and proper person to act in his stead at such sitting.

5. And be it enacted that if in any case the required number of Justices shall not be present at the time and place appointed for the holding of any such Court, any one Justice (whether he be the ChairJustices of the Peace, déc.

man or not) shall be a lawfully constituted Court for the purpose of opening such Court and of adjourning the same, and respiting all recognizances until such further day as such Justice shall then and there cause to be proclaimed.

6. And be it enacted that with the exception of alterations introduced by this or any subsequent Ordinance, the powers and authorities, the mode of proceeding in the trial of all crimes and misdemeanours, the forms, rules and regulations of any Court established under this Ordinance in any particular district shall be the same as in the Court of General Sessions of the Peace for the said Colony (usually held in Perth), as far as the circumstances and the situation for the time being of the district shall admit.

7. And be it enacted that no sentence of transportation beyond seas passed by such Court shall appoint the place to which the offender so sentenced shall be transported, but that such place shall be left to the appointment of the Governor.

8. Provided always and be it enacted that whensoever it shall appear that any crime or offence, from its nature or magnitude, ought to be tried by the Court of General Quarter Sessions of the Peace for the Colony it shall be lawful for any Court so appointed for any such district as aforesaid to remit such case for trial before the Court of General Quarter Sessions, and to take proper recognizances for the appearance of all parties and witnesses thereat, which recognizances shall be returned to the said Court of General Quarter Sessions aforeSaid at the next sitting thereof.

9. And be it enacted that the person acting as Clerk at such Sessions shall keep a book, ruled and divided into columns, headed and intituled according to the form in the Schedule hereunto annexed, which shall be called the Criminal Record Book of each district respectively. 10. And be it enacted that an abstract of the said Criminal Record Book, certified by the Chairman of each Court respectively to be correct, shall be transmitted by the Chairman to the Governor, as soon as conveniently may be after each session, together with a copy of the depositions in each case in which there has been a conviction, and a short report on each of such cases.

11. And be it enacted that it shall be lawful for the said Governor, by warrant under his hand, to authorize the removal of any prisoner confined under sentence of any such District Court in any district prison, from such prison to any other prison within the said Colony, either for the purpose of undergoing any sentence of imprisonment or for the more convenient deportation from this Colony of any prisoner Sentenced to transportation.

12. And be it enacted that this Ordinance shall be and continue in force only for the space of three years from the date of its passing the Legislative Council.

13. And be it enacted that this Ordinance may be altered, amended, or repealed by any Ordinance to be passed during the present

Session.
JOHN HUTT,
GovePNOR.

Constitution of the Court

Court not to appoint place of transportation

Court may remit certain cases to the Court of General Quarter Sessions

Record book to be kept

Abstract to be sent to the Governor

Duration of
Ordinallce

Ordinance may be altered

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"...o.o.o. HEREAS a certain Act of Parliament was passed in the sixth

adopted and seventh years of the reign of Her present Majesty, entitled “An Act to amend the Law respecting Defamatory Words and Libel : ' And whereas it is expedient to adopt and apply the said Act to the administration of justice in this Colony: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that the said Act and every clause, provision and enactment therein respectively contained, shall be and the same is hereby adopted and directed to be applied in the administration of justice, so far as they can be applied respectively to the circumstances of this Colony.

FREDERICK CHIDLEY IRWIN,
GovERNOR AND CoMMANDER-IN-CHIEF.

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HEREAS it is expedient that proper places should be set apart for the purpose of interring the dead; Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that it shall be lawful for His Excellency the Governor in Executive Council from time to time to appoint by proclamation such place or places in each district as shall be deemed expedient to be reserved for the burial of the dead. 2. And be it enacted, that any person who shall assist at the burial of any dead body in any place in or within one mile of a town site in which any burial place shall have been appointed as aforesaid other than in such burial place shall forfeit and pay for every such offence any sum not exceeding fifty pounds. 3. And be it enacted, that every person who shall bear or otherwise convey any dead body, or who shall dig a grave for the purpose of burial contrary to this Ordinance, or who shall direct or procure any such burial, or shall officiate at any such burial as clergyman or minister of any persuasion or as clerk shall be deemed to “assist’ at such burial within the meaning of this Ordinance, and to be subject to the penalties thereof. 4. And be it enacted, that it shall be lawful for any Justice of the Peace to cause the disinterment of any body buried contrary to the provisions of this Ordinance, and its burial in such place as he may deem expedient consistently with this Ordinance. 5. Provided nevertheless that it shall be lawful for His Excellency the Governor to give order or permission by writing under his hand for the burial of bodies in other places within the said limits whensoever a special occasion shall arise which shall be deemed by him to justify the same. 6. And be it enacted, that all informations and proceedings for offences against this Ordinance shall be commenced within three calendar months after the offences thereby respectively charged shall have been committed, and shall be heard and determined, and the forfeitures and penalties in respect of the same shall be awarded, enforced and appropriated in a summary manner before any two Justices of the Peace, according to the provisions of an Act passed in the seventh year of the reign of Her present Majesty, entitled “An Act to regulate summary proceedings before Justices of the Peace.” FREDERICK CHIDLEY IRWIN, GoverNOR AND COMMANDER-IN-CHIEF.

Governor may appoint burial IPlaces

No body to be
buried within
one mile of a
town site unless
in such burial
Islace if ap-
pointed. Penalty
not exceeding
4250

IDefinition of person assisting at burial

Any Justice may order disinterment of body buried contrary to law

Governor may permit burial elsewhere

Limitation of proceedings three months

Mode of proceeding

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HEREAS it is expedient to remove the legal incapacities which at present prevent the admission of the testimony of certain classes of persons as witnesses, and to leave the question of the credibility of witnesses to be decided by the persons appointed to decide on the case; and whereas it is also expedient to admit certain public documents to be receivable in evidence without the necessity of proving that the said documents are genuine: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that no person offered as a witness shall hereafter be excluded by reason of incapacity from crime or interest from giving evidence either in person or by deposition, according to the practice of the Court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action or proceeding, civil or criminal, in any Court or before any Judge, Commissioner, Jury, Sheriff, Coroner, Magistrate, Officer or person having by law or consent of parties, authority to hear, receive and examine evidence, but that every person so offered may and shall be admitted to give evidence on oath or solemn affirmation, in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question or in the event of the trial of any issue, matter, question or inquiry, suit, action or proceeding, in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime or offence . . .” Provided also that this Ordinance shall not be held to affect the admissibility as a witness of a mere agent, thcugh a party as aforesaid named in the record, nor to repeal any provision in a certain Act passed in the session of Parliament holden in the seventh year of the reign of His late Majesty and in the first year of the reign of Her present Majesty, and intituled “An Act for the Amendment of the Laws with respect to Wills: ‘ Provided also, that in Courts of Equity any defendant to any cause pending in any such Court may be examined as a witness on the behalf of the plaintiff or of any co-defendant in any such cause, saving just exceptions, and that any interest which such defendant so to be examined may have in the matters or any of the matters in question in the case shall not be deemed a just exception to the testimony of such defendant, but shall only be considered as affecting or tending to affect the credit of such defendant as a witness.

2. And be it enacted that wherever in any legal proceedings whatever, legal proceeding may be set out, it shall not be necessary to

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