Page:Handbook of Western Australia.djvu/147

Rh two Justices are required to form a Court. The Courts of Petty Session exercise Summary jurisdiction in minor offences, and, under 12th Vict. No. 18, have power to try in a summary manner aboriginal natives, and to punish them with not more than three years' imprisonment for any offence save murder, assault with intent to do bodily harm, arson, or rape. They have also a similar jurisdiction over convicts at large on tickets-of-leave in all indictable cases not punishable with death (16th Vic. No. 18, Sec. 2, 3, 4). Offences not punishable summarily are heard by Justices ministerially, and offenders committed for trial as in England, either in the Supreme Court, or, if within the jurisdiction of a Local Court of General or Quarter Sessions, at such Sessions.

The Ordinance 12 Vict. No. 2, making perpetual 9 Vict. No. 4, gives power to the Governor to establish Courts of General or Quarter Sessions in such districts as he may see fit. In pursuance of which Act, such courts have been established at Albany, Geraldton, and Roebourne, of which the Resident Magistrate is the chairman. These have power lo try any offence committed within certain limits not punishable with death; cases 80 punishable being committed for trial at the Supreme Court, and, if so committed, the matters are brought before the Attorney General, who, by 18 Vict., No. 5, has vested in him the powers of a Grand Jury; and if he, in the exercise of his discretion, decides to prosecute an offender, by the 21st section of the Supreme Court Ordinance, 20 Vict, No. 15, he is prosecuted by information at the suit of the Attorney General.

At Courts of Quarter Sessions the chairman examines witnesses and otherwise conducts the prosecution, and sums up the evidence for the jury. The jury, in both Courts consists of twelve, summoned and selected under