Australian Access Federation

You are here: Home Corpora Corpus of Oz Early English 1-212 (Raw)

1-212 (Raw)

Item metadata
Speaker:
addressee author,male,Legislative Act,un
ns1:discourse_type
Legal Document
Word Count :
1597
Plaint Text :
ns1:register
Government English
ns1:texttype
Legal English
ns1:localityName
http://dbpedia.org/resource/Van_Diemen%27s_Land
Created:
1823
Identifier
1-212
Source
Bennett, 1979
pages
112-115
Document metadata
Extent:
9052
Identifier
1-212-raw.txt
Title
1-212#Raw
Type
Raw

1-212-raw.txt — 8 KB

File contents



<source><g=m><o=b><age=un><status=1><abode=un><p=vdl><r=gen><tt=lg><1-212>
1. First Charter of Justice for Tasmania (1823)
There shall be, within that part of our Colony of New South Wales called Van Diemen's Land a court which shall be called the Supreme Court of Van Diemen's Land, and We do hereby create, direct, and constitute the said Supreme Court of Van D. Land to be a Court of Record. 
2. And We do further will, ordain, and appoint that the said Supreme Court of Van Diemen's Land shall consist of, and be holden by and before one judge, who shall be and be called the Chief Justice of the Supreme Court at Van Diemen's Land, which Chief Justice shall be a barrister in England or Ireland, to be named and appointed from time to time by Us, Our Heirs and Successors, by Letters Patent under Our and Their Great Seal of the United Kingdom of Great Britain and Ireland; and such Chief Justice shall hold his office during the pleasure of Us, Our Heirs and Successors, and not otherwise; and every Chief Justice to be appointed after the date of these presents shall be of not less than five years standing at the Bar. [113] 
3. And We do hereby give and grant to Our said Chief Justice rank and precedence above and before all Our subjects whomsoever within the island of Van Diemen's Land aforesaid, and the islands, territories, and places dependant thereupon, excepting the Governor, Lieut. Governor, or acting Governor for the time being of the said island, and excepting all such persons as, by law or usage, take place in England before Our Chief Justice of Our Court of King's Bench.
4. And We do further grant, ordain, and appoint that the said Supreme Court of Van Diemen's Land shall have and use, as occasion may require, a seal bearing a device and impression of Our Royal Arms within an exergue or label surrounding the same, with this inscription, "The Seal of the Supreme Court of Van Diemen's Land". And We do hereby grant, ordain, and appoint that the said seal shall be delivered to, and kept in the custody of the said Chief Justice.
5. And We do further grant, ordain, and declare that the said Chief Justice, so long as he shall hold his office, shall be entitled to have and receive a salary of one thousand two hundred pounds sterling by the year; and Our Lieut. Governor for the time being of the said island of Van Diemen's Land is hereby directed and required to cause such salary to be paid to the said Chief Justice by four quarterly payments at the four most usual days of payment in the year in bills of exchange, to be drawn by such Lieut. Governor as aforesaid, on the Lords Commissioners of Our Treasury in England, payable to or to the order of such Chief Justice; and which bills shall by Our said Lieut. Governor be accordingly delivered to Our said Chief Justice.
6. And We do further grant, ordain, and declare that the said salary shall commence, and take place in respect to any person, who shall be resident in Great Britain or Ireland at the time of his appointment, upon and from the day on which any such person shall thereupon embark or depart from Great Britain or Ireland for Van Diemen's Land to take upon him the execution of the said office; and that the salary of any such Chief Justice, who shall at the time of his appointment be resident in Van Diemen's Land aforesaid, shall commence and take place from and after his taking upon him the execution of such his office; and that such salary shall be in lieu of all fees of office, perquisites, emoluments, and advantages whatsoever; and that no fee of office, perquisite, emolument, or advantage whatsoever, other than and except the said salary, shall be accepted received or taken by such Chief Justice in any manner or on any account or pretence whatsoever. Provided nevertheless that it shall be lawful for the said Chief Justice to occupy and inhabit any official house or residence within the said island of Van Diemen's Land, which hath been or may hereafter be provided for his residence and occupation, without paying to Us, Our Heirs and Successors, any rent for the same, and without being obliged to repair, uphold, or maintain any such house or official residence at his own costs and charges. [114] 
7. And We do further grant, appoint, and declare that no Chief Justice of the said Supreme Court of Van Diemen's Land shall be capable of accepting. taking or performing any other office, or place of profit, or emolument. on pain that the acceptance of any such other office, or place as aforesaid, shall be and be deemed in law de facto an avoidance of his office of Chief Justice, and the salary thereof shall cease, and be deemed to have ceased accordingly, from the time of such acceptance of any such other office or place.
8. And We do hereby constitute and appoint Our trusty and well beloved John Lewes Pedder, Esquire, to be the first Chief Justice of the said Supreme Court of Van D. Land, the said John Lewes Pedder being a barrister in England.
9. And We do hereby ordain, appoint, and declare that there shall be and belong to the said court the following officers, that is to say, a Registrar or Prothonotary, a Master, and a Keeper of Records, and such and so many other officers as to the Chief Justice of the said court for the time being shall from time to time appear to be necessary for the administration of justice and the due execution of all the powers and authorities, which are granted and committed to the said court by these Our Letters Patent. Provided nevertheless that no new office shall be created in the said court, unless the Governor, L. Governor, or acting Governor for the time being of Our said island, shall first signify his approbation thereof to Our said Chief Justice for the time being in writing under the hand of such Governor, Lieut. Govr. or acting Governor as aforesaid. And We do further ordain and direct that all persons, who shall and may be appointed to the several offices of Master, Registrar, Prothonotary, or Keeper of the Records of the said Supreme Court of Van Diemen's Land, or to any offices in the said court whereof the duties shall correspond to those performed by the Master, Registrar, Prothonotary, or Keeper of Records of any or either of Our Courts of Record at Westminster, shall be so appointed by Us, Our Heirs and Successors, by warrant under Our or Their Royal Sign Manual; and that all persons, who shall and may be appointed to any other office within the said Supreme Court of Van D. Land, shall be so appointed by the Chief Justice for the time being of the said court. And we do further direct and appoint that the several officers of the said court, so to be appointed as aforesaid by Us Our Heirs and Successors, shall hold their respective offices during Our and Their pleasure; and that the several officers of the said court, so to be appointed as aforesaid by the Chief Justice thereof, shall always be subject to be removed by the said court from their offices therein upon reasonable cause.
10. And we do hereby authorise and empower the said Supreme Court of Van Diemen's Land to approve, admit and enrol such and so many persons, having been admitted barristers at law or advocates in Great Britain or Ireland, or having been admitted writers, attornies or solicitors in one of Our Courts at Westminster, Dublin or Edinburgh, or having been admitted as proctors in any Ecclesiastical Court in England, to act as well in the character of barristers and advocates, as of proctors, attornies and solicitors in the said court; and which persons so approved, admitted, and enrolled as aforesaid, shall be and are hereby authorised to appear and plead and act for the suitors of the said court, subject always to be removed by the said court from their station therein upon reasonable cause. [115] And We do declare that no other person or persons whatsoever shall be allowed to appear and plead or act in the said Supreme Court of Van Diemen's Land for and on behalf of such suitors, or any of them. Provided always and We do ordain and declare that, in case there shall not be a sufficient number of such barristers at law, advocates, writers, attornies, solicitors, and proctors within the said island, competent and willing to appear and act for the suitors of the said court, then and in that case the said Supreme Court of Van D. Land shall and is hereby authorised to admit so many other fit and proper persons to appear and act as barristers, advocates, proctors, attornies, and solicitors, as may be necessary according to such general rules and qualifications, as the said court shall for that purpose make and establish. Provided that the said court shall not admit any person to act in any or either of the characters aforesaid, who hath been by due course of law convicted of any crime, which according to any law now in force in England would disqualify him from appearing and acting in any of our Courts of Record at Westminster.
<\1-212><\g=m><\o=b><\age=un><\status=1><\abode=un><\p=vdl><\r=gen><\tt=lg>

http://ns.ausnc.org.au/corpora/cooee/source/1-212#Raw