589
indicate that the Legislative Council considered the Magistrates to have the power of dealing with Larceny and other indictable Offences: and there is no doubt that such was the general Opinion in the Colony.
But attention having recently been drawn more closely to the section, it was seen that the Magistrates' power had in fact been confined to offences, not punishable by transportation or penal servitude; and consequently that Larceny, Embezzlement, Burglary, house-breaking, and the majority of the Offences cognisable by Police Sessions had in reality been withdrawn from the jurisdiction of the Police Magistrate.
This Ordinance was therefore prepared to confer upon the Magistrates the jurisdiction which they were supposed to have had, and to indemnify them from the consequences of any convictions made in excess of their jurisdiction.
It is only necessary to refer specially to Sections 5, 7, and 10, the rest of the Ordinance being substantially a re-enactment of the provisions repealed by Section 21; Section 20 is the indemnity clause; Section 10 empowers the Magistrate to sentence Offenders to exposure in the stocks for any time, not exceeding six hours. The stocks were the only...