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Burglary, house-breaking, and the majority of the Offences cognisable by Police Sessions had in reality been withdrawn from the jurisdiction of the Police Magistrate.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specially to Sections 5, 7, and 10, the rest of the Ordinance being substantially a re-enactment of the provisions repealed by Section 21; Section 20 is the indemnity clause; Section 10 empowers the Magistrate to sentence Offenders to exposure in the stocks for any time, not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...
8
589
indicate that the
Sigislative 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
the general Opinion in
in the Colony.
But attention having reccully. been drawn more closely to the section it was seen that the Imagistrates power had in fact been confined to offence, ? not punishable by transportation
penal servitude; and consequently that Larceny Enterglement, Burglary, house breaking. and the majority of the Offences eognisable by Polley Sessions had in reality been withdrawn from the jurisdiction of the Bolice Magistrate.
This tramance was
therefore
prepared to confer upon the Magistrate=
the
to jurisdiction which
they were
supposed to have had, and to
indemnify their from the consequture
of any convictions made in excess, their jurisdiction.
It is only necessary to refer speciall, to lection's 5.
5.7 and 10. the rest of the Ordinance being substantially, re-enactment of the provisions repealed
a
by bection 21; Section 20 is the indemnity clause
section 10 empowers the Magistrat. to sentence Offenders to exposure in the clocks for any time, not exceeding six hours. The clocks were the only
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