CO129-114 - MacDonnell - 1866 [7-8] — Page 510

4

Colony will be avoided

of the Colonial Courts

Justice

505

Criminal

of Cir

5

made by

I enclose some observations N

N. Z

me in introducing the

Adinance - and

for

giving my

-

reasons

not proclaiming it - viz: duble

as to the

power of

the Legislature

to create a new Court with

jurisdiction

that now

over

any

Piracy cases beyond enjoyed by the Supreme Count whose proceedings under the 12 and 13 Victorin Cap. 96 Sec. 1 must be conducted in the same

manner

as

though the

offences striable under that section had been committed within the waters and : within the ordinary local jurisdiction

می

6.

It would thence

appear

No such is the Attorney General's opinion

that Admiralty Offences triable at all in the Colony would have to be trick before a dury - It is popible however that the Law Officers of England may 5th Section of the 28 and 29 of Cap. 63 this Legislature has authority to constitute a Court for

trial at least

think under the

Vic.

of offences committe within its jurisdiction without the intervention of a Jury.

A

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