Page:History of New South Wales from the records, Volume 1.djvu/659

 AND CRIMINAL COURTS. 535 JuiisdictioQ ; and Wee do hereby create, direct, and constitute the 1767 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 : And Wee further will, ordain, and appoint that the said Court of Criminal Jurisdiction shall consist of our Judge-Advocate for its consti- the time being, together with six officers of our sea and land ^^^^^ 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 ^iquire of, hear, determine, and punish all treasons or misprisions thereof, murders, and juris- felonies, forgeries, perjuries, trespasses, and other crimes whatso- ^°"' ever 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. And it is our further will and pleasure that our said Court of Criminal Jurisdiction shall proceed to try all offenders by calling Ck)nduct 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 com- posing 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 °' ^***^* part of our Kingdom of Great Britain called England, or by pro- nouncing 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 oorponi corporal punishment, not extending to life or limb, as the said p*>"**"^*- 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 provost- other officer as shall be appointed for that purpose by our Grover- 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 ci such judgments as aforesaid, according to the warrant of our Grover- nor, or in his absence of our lieutenant-Governor for the time being, under their hands and seals respectively, and not otherwise. 2 N Digitized by Google