1787 be given for the defendant or defendants, Wee do hereby likewise give full power and authority to the said Court to award costs to such defendant or defendants, and to issue like process of execution Costs to for the same as in cases where costs are awarded to any plaintiff or plaintiffs: defendant. Governor, And if either party shall find him or themselves aggrieved by any judgment or decree to be given or pronounced by the said Court, our will and pleasure is that he, she, or they shall and may appeal to the Governor of the eastern coast of New South Wales Appeal and the parts adjacent, or in case of his death or absence to the to the Lieutenant-Governor for the time being, whom Wee do hereby empower and authorize to hear and determine the same, and to issue process of summons to answer to such appeal and the like process of execution as the said Court is hereby directed and empowered to issue : Council. And if either party shall find him, her, or themselves aggrieved by the judgment or determination of the said Governor in any and Privy case where the debt or thing in demand shall exceed the value of £300, and not otherwise, our will and pleasure is that such party so aggrieved may appeal to us or our heirs and successors in Council. And Wee do further will and ordain that no appeal shall be admitted from the judgment of the said Court, unless the same shall be interposed within eight days after the said judgment, nor Time for from the judgment of the Superior Court unless the same shall appeal. be interposed within fourteen days after the judgment of such Superior Court; And further, that the said Court may proceed in a summary way by foreign attachment of goods debts and Attachment. effects of debtors in the hand or possession of other persons residing in the place aforesaid : of debtor And Wee further will and ordain that all complainants at Maintenance whose suits any persons shall be imprisoned shall make an allow- in prison, ance to each of such defendants after such rate for every day so long as such defendants shall be kept in prison as the said Court shall direct, and in default of payment thereof for one week such person shall be discharged out of prison, and such discharge out of prison shall be a discharge of the debt, unless the complainant shall before any new proceeding against such defendants pay or tender to them all the arrears of such allowance from the time of the last payment to the time of such new proceeding, maintain Provided always that such defendant do make oath before the if unable to Judge Advocate, to his satisfaction, that he hath not any estate or himself. effects sufficient to maintain himself with necessaries in the prison, otherwise that such allowance be not made to him. And whereas it is necessary that a COURT OF CRIMINAL JURIS- Criminal DICTION should also be established within the colony or settlement Court. 1787 Act of Parliament recited : Governor authorised to convene Court. Its constitution and procedure. aforesaid, with authority to proceed in a more summary way than is used within 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 Commission under the Great Seal, authorize the person to be appointed Governor, or the Lieutenant-Governor in the absence of the Governor of such place as aforesaid, to convene from time to time, as occasion may require, a Court of Judicature for the trial and punishment 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 appointed in and for such place, together with six officers of his Majesty's forces by sea or land, which Court shall proceed to try such offenders by calling such offenders respectively before that Court by the Judge-Advocate, and by examining witnesses upon oath to be administered 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 Sentence of death, if the offence be capital, or of such corporal punishment, not extending to capital punishment, as to the said Court shall seem punishment. 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: death or corporal Provost- In capital cases, five must concur. Court created accordingly. 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 LieutenantGovernor, 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 fit 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 aforesaid a Court which shall be called the Court of Criminal Jurisdiction; and Wee do hereby create, direct, and constitute the said Court of Criminal Jurisdiction to be a Court of Record, and that our said Court of Criminal Jurisdiction shall have all such powers as are incident to a Court of Record by the laws of that part of our Kingdom of Great Britain called England: 1787 And Wee further will, ordain, and appoint that the said Court of Criminal Jurisdiction shall consist of our Judge-Advocate for Its constithe time being, together with six officers of our sea and land tution service, as our Governor, or in case of his death or absence our Lieutenant-Governor, shall, by precept issued under his hand and seal, convene from time to time for that purpose, and that the said Court of Criminal Jurisdiction shall have power to enquire of, hear, determine, and punish all treasons or misprisions thereof, murders, and jurisfelonies, forgeries, perjuries, trespasses, and other crimes whatsoever committed in the place or places aforesaid, such punishment so to be inflicted being according to the laws of that part of our Kingdom of Great Britain called England, as nearly as may be, considering and allowing for the circumstances and situation of the place and settlement aforesaid and the inhabitants. diction. trials. And it is our further will and pleasure that our said Court of Criminal Jurisdiction shall proceed to try all offenders by calling Conduct of them respectively before such Court, and causing the charge or charges against him, her, or them, respectively, when reduced into writing and exhibited by our Judge-Advocate, to be read over to such offender or offenders respectively, and that the said Court shall adjudge by the opinion of the major part of the persons composing the same as aforesaid that the party accused is guilty or not guilty of the charge so exhibited as aforesaid : And, if adjudged guilty, that the Court shall proceed to pronounce judgment of death, if the offence be capital, in like manner as if Sentence the prisoner had been found guilty by verdict of a jury in that of death, part of our Kingdom of Great Britain called England, or by pronouncing judgment of such corporal punishment, not extending to capital punishment, as to the said Court, or the major part of the persons comprising the same, shall seem meet; and in cases not capital by the laws aforesaid by pronouncing judgment of such or corporal corporal punishment, not extending to life or limb, as the said punishment. Court, or the major part of the persons composing the same, shall seem meet. And it is our further will and pleasure and Wee do hereby ordain, direct, and appoint, that our Provost-Marshall, or such Provostother officer as shall be appointed for that purpose by our Gover- Marshal. nor, or in case of his death or absence by our Lieutenant-Governor for the time being, shall cause due execution to be had and made of such judgments as aforesaid, according to the warrant of our Governor, or in his absence of our Lieutenant-Governor for the time being, under their hands and seals respectively, and not otherwise. 1787 In capital cases, five must concur. execution. 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 respectively 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-Governor; 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. be sworn And our further will and pleasure is that all and every the Members of members of our said Court of Civil Jurisdiction respectively shall, the Court to 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. by the JudgeAdvocate. Justices of the Peace as in England. And Wee do hereby give full power and authority to our JudgeAdvocate for the time being to administer such oaths to the respective 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 to have the shall have the same power to keep the peace, arrest, take bail, bind same powers 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. Authority of Letters Patent. And these our Letters Patent or the enrollment or exemplification 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. And, lastly, our will and pleasure is, and Wee do hereby declare, that this our charter shall be and remain in force only until Wee shall be pleased to revoke and determine the same. 1787 To remain in force until In witness whereof Wee have caused these our Letters to be revoked. made Patent. Witness ourself, at Westminster, the second day of April in the twenty-seventh year of our reign. By Writ of Privy Seal. YORKE. LETTERS PATENT CONSTITUTING THE VICE-ADMIRALTY COURT. GEORGE THE THIRD by the grace of God of Great Britain France and Ireland King Defender of the Faith To our trusty and wellbeloved Arthur Phillip Esquire our Captain-General and Governorin-Chief of the territory called New South Wales extending from the Northern Cape or extremity of the coast called Cape York in com the latitude of ten degrees thirty-seven minutes south and thirtyfifth degree of east longitude reckoning from the meridian of Admiralty Greenwich including all the islands adjacent in the Pacific Ocean within the latitude aforesaid of 10° 37′ south and 43° 39′ south and our Captain-General and Governor-in-Chief of the said territory called New South Wales for the time being, Robert Ross Esquire, Lieutenant-Governor of the said territory called New South Wales and the Lieutenant-Governor of the said territory for the time being, Andrew Millar Esquire, Commissary of Stores and Provisions in the said territory called New South Wales, and the Commissary of Stores in the said territory for the time being, Augustus Alt Esquire, Surveyor of Lands in the said territory called New South Wales, and the Surveyor of Lands in the said territory for the time being, John Hunter Esquire, second Captain of our ship Sirius, William Bradley Esquire, first Lieutenant, Philip Gidley King Esquire, second Lieutenant, and George William Maxwell, third Lieutenant of the said ship Sirius, Henry Lidgbird Ball Esquire, Lieutenant and Commander of the Supply, armed tender, and all other Captains and Commanders of our ships who are or shall be within the Admiralty jurisdiction of the said territory called New South Wales, Greeting: mission to form a Vice Court. Parliament Whereas by an Act of Parliament made in the eleventh and twelfth year of the reign of our late Royal Predecessor King Act of William the Third intituled an Act for the more effectual suppres- recited, sing of Piracy (reciting as therein recited) it is amongst other 11 and 12 things enacted that all piracies, felonies or robberies committed Wm. III, |