2-061 (Raw)

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We upon full consideration . . . and of Our special grace certain knowledge and mere motion have in pursuance of the said Act of Parliament of the ninth year of the reign of His said late Majesty thought fit to grant, direct, ordain, and appoint, and by these presents do, accordingly, for Us, Our Heirs and Successors, grant, direct, ordain and appoint that there shall be within Our colony of 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 Diemen's Land to be a court of record.
JUDGES OF THE COURT
The said Supreme Court of Van Diemen's Land shall consist of and be holden by and before two judges - of whom one shall be and be called "The Chief Justice of the Supreme Court of Van Diemen's Land" and the other shall be and be called "The Puisne Judge of the Supreme Court of Van Diemen's Land" - And such judges shall respectively be barristers in England or Ireland of not less than five years standing, to be named and appointed from time to time by Us, . . . by Letters Patent under Our Great Seal of the United Kingdom of Great Britain and Ireland - And such judges shall hold their offices during the pleasure of Us, Our Heirs and Successors, and not otherwise.
SEAL OF THE COURT
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 the said seal shall be delivered to and kept in the custody of the said Chief Justice.
JUDGES TO HOLD NO OTHER OFFICE
No Judge 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 office or place as aforesaid shall be and be deemed in law de facto an avoidance of his office of judge, 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.
JUDGES APPOINTED
We do hereby constitute and appoint Our trusty and well-beloved John Lewes Pedder, Esquire, to be the first Chief Justice, and Our trusty and well-beloved Alexander McDuff Baxter, Esquire, to be the first Puisne Judge of the said Supreme Court of Van Diemen's Land. The said John Lewes Pedder and Alexander McDuff Baxter being respectively barristers in England of five years standing and upwards.
OFFICERS OF THE COURT
There shall be and belong to the said Court the following officers - (that is to say) a Registrar - and another officer to be called the Master and 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 or acting Governor for the time being of Our said colony shall first signify his approbation thereof to Our said Chief Justice for the time being in writing under the hand of such Governor or acting Governor as aforesaid. [118]
APPOINTMENT OF OFFICERS
All persons who shall and may be appointed to the several offices of Registrar or Master and Keeper of 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 Diemen's Land shall be so appointed by the Governor for the time being of the said colony - 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 said Governor shall be subject to be removed by the said court from their offices therein upon reasonable cause.
REGULATIONS CONCERNING APPEALS
Any person or persons may appeal to Us, Our Heirs and Successors, in Our or Their Privy Council from any judgment, decree, order, or sentence of the said Supreme Court of Van Diemen's Land in such manner within such time and under and subject to such rules, regulations, and limitations as are hereinafter mentioned (that is to say) - in case any such judgment, decree, order, or sentence shall be given or pronounced for or in respect of any sum or matter at issue above the amount or value of one thousand pounds sterling or in case any such judgment, decree, order, or sentence shall involve directly or indirectly any claim, demand, or question to or respecting property or any civil right amounting to or of the value of one thousand pounds sterling, the person or persons feeling aggrieved by any such judgment, decree, order, or sentence may, within fourteen days next after the same shall have been pronounced, made, or given, apply to the said court by petition for leave to appeal therefrom to Us, Our Heirs and Successors, in Our or Their Privy Council - And in case such leave to appeal shall be prayed by the party or parties who is or are directed to pay any such sum of money or perform any duty the said court shall and is hereby empowered either to direct that the judgment, decree, order, or sentence appealed from shall be carried into execution or that the execution thereof shall be suspended pending the said appeal as to the said court may appear to be most consistent with real and substantial justice. [119]
SECURITY TO BE GIVEN
And (in case the said court shall direct such judgment, decree, order, or sentence to be carried into execution) the person or persons in whose favour the same shall be given shall, before the execution thereof, enter into good and sufficient security to be approved by the said court for the due performance of such judgment or order as We, Our Heirs or Successors shall think fit to make thereupon - or (in case the said court shall direct the execution of any such judgment, decree, order, or sentence to be suspended pending the appeal) the person or persons against whom the same shall have been given shall in like manner and before any order for the suspension of any such execution is made enter into good and sufficient security to the said court for the due performance of such judgment or order as We, Our Heirs or Successors, shall think fit to make thereupon - And (in all cases) We will and require that security shall also be given by the party or parties appellant to the satisfaction of the said court for the prosecution of the appeal and for the payment of all such costs as may be awarded by Us, Our Heirs and Successors, to the party respondent - And if such last-mentioned security shall be entered into within three months from the date of such petition for leave to appeal then and not otherwise the said court shall allow the appeal and the party or parties appellant shall be at liberty to prefer and prosecute his, her, or their appeal to Us, Our Heirs or Successors, in Our or Their Privy Council in such manner and under such rules as are observed in appeals made to Us from Our plantations or colonies.
SPECIAL APPLICATIONS FOR LEAVE TO APPEAL
And We do hereby reserve to Ourself, Our Heirs and Successors, in Our or Their Privy Council full power and authority upon the humble petition at any time of any person or persons aggrieved by any judgment or determination of the said court to refuse or admit his, her, or their appeal therefrom upon such terms and upon such limitations, restrictions, and regulations as We or They shall think fit and to reverse, correct, or vary such judgment or determination as to Us or Them shall seem meet.
COPIES OF PROCEEDINGS TO BE TRANSMITTED
And it is Our further will and pleasure that in all cases of appeal allowed by the said court or by Us, Our Heirs and Successors, the said court shall certify and transmit to Us, Our Heirs or Successors, in Our or Their Privy Council a true and exact copy of all evidence, proceedings, judgments, decrees, and orders had or made in such cases appealed so far as the same have relation to the matters of appeal - such copies to be certified under the seal of the said court. [120]
COURT TO EXECUTE ORDERS MADE ON THE APPEAL
And We do further direct and ordain that the said court shall in all cases of appeal to Us, . . . conform to and execute or cause to be executed such judgments and orders as We shall think fit to make in the premises in such manner as any original judgment, decree, or decretal order or other order or rule by the said Court of Van Diemen's Land should or might have been executed.
GOVERNORS, &C, TO BE AIDING
And We hereby strictly charge and command all Governors, commanders, magistrates, ministers, civil and military, and all our liege subjects within and belonging to the said colony that in the execution of the several powers, jurisdictions, and authorities hereby granted, made, given, or created they be aiding and assisting and obedient in all things as they will answer to the contrary at their peril.
GENERAL PROVISO
Provided always that nothing in these presents contained or any act which shall be done under the authority thereof shall extend or be construed to extend to prevent Us . . . to repeal these presents or any part thereof or to make such further or other provision by Letters Patent for the administration of justice, civil and criminal, within the said colony and the places now or at any time hereafter to be annexed thereto as to Us, Our Heirs and Successors, shall seem fit in as full and ample a manner as if these presents had not been made - these presents or anything herein contained to the contrary thereof in any wise notwithstanding.
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