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GIPPS to STANLEY. 175 This Act Merely Adopts the Imperial Act, 6Th and Tth Vict., 1845

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GIPPS to STANLEY. 175 This Act Merely Adopts the Imperial Act, 6Th and Tth Vict., 1845 GIPPS TO STANLEY. 175 This Act merely adopts the Imperial Act, 6th and Tth Vict., 1845. ch. 85. The following is a Copy of a letter respecting it from the Attorney General:— " Sir, " Attorney General's Office, 9th July, 1844. " I have the honor to acknowledge the receipt of your Legal opinion letter dated yesterday, enclosing a Copy of the Act for improving evidMc°e act. the Law of Evidence, which has lately passed the Legislative Council, and been presented to the Governor for the Royal Assent, and stating that His Excellency requests my advice, in conjunction with that of the Solicitor General, whether it be, or be not, an Act, to which the Royal Assent should be given. "In reply, I beg leave to state that we are not aware of any reasons which should operate with Her Majesty against the allowance of the Act referred to. It is almost a verbatim Copy from a similar Act in England, and we are of opinion that its introduction here is only a measure of justice. " I have, &c, " JOHN H. PLUNKETT, Attorney General. " The Honble. The Colonial Secretary." 8th Vict., No. 2.—" An Act to regulate and amend the Law of Apprentice- Orphan and other Apprentices in the Colony of New South 8hip act Wales." This Act was introduced by the Attorney General, the Supreme Court having pronounced a decision which made it doubtful whether the English Law of Apprentices was in force in the Colony, and whether there was any Law to authorize Justices of the Peace to act in cases between Master and Apprentice, The Sydney Justices having in fact refused to act in any such cases. 8th Vict, No. 3.—" An Act to continue for a further limited Catarrh in time an Act intituled, ' An Act for preventing the extension of sheepact ' the disease, commonly called the Influenza or Catarrh in Sheep and Lambs, in the Colony of New South Wales.' " This is merely a continuation for two years of the Catarrh Act which has been in force since the year 1838. 8th Vict., No. k-—" An Act to amend the Laws regulating Jury trials act. trial by Jury in New South Wales, in so far as they relate to the trial of Civil causes." This Act was introduced by Mr. Windeyer (a Barrister), Mem­ ber for the County of Durham. The object of it is to substitute a trial by a Jury of four persons, for the trial by two assessors, which was sanctioned by the 9th Geo. IV, ch. 83, s. 8, the right being still reserved for either the Plaintiff or Defendant to claim a Jury of twelve if he desire it. 176 HISTOEICAL EECOEDS OP AUSTEALIA. 1845. The fourth clause is important; it provides that, after the Jury 5 Jan. shall have remained six hours in deliberation, the verdict of three fourths of the number shall be taken as the verdict of the whole; and that, if after twelve hours' deliberation three fourths of the number cannot agree, the Jury shall be discharged. Offenders un­ 8th Vict, No. 5.—" An Act to further continue for a limited lawfully at large act. time an Act intituled ' An act to facilitate the apprehension of transported felons and offenders illegally at large, and of persons found with Arms, and suspected to be robbers.' " This Act continues for two years, and without alteration, what is called the " Bushranging Act " of the Colony. Insolvency act. 8th Vict., No. 6.—" An Act to further amend an Act, intituled, 'An Act for giving relief to Insolvent persons, and providing for the Administration of Insolvent Estates, and to abolish Im­ prisonment for debt.'" The object of this Act was simply to repair an accidental omis­ sion in the Act of last year, 7th Vict., No. 19, on which Act I reported fully in my Despatch, No. 1 of the lst January, 1844. It was intended to have a Chief Commissioner of Insolvents at Port Phillip as well as in Sydney, but accidentally a Commis­ sioner only and not a Chief Commissioner was authorized. The present Act authorizes the appointment of a Chief Com­ missioner (see my Despatch No. 129 of the 29th June, 1844). Appropriation 8th Vict, No. 7.—" An Act for applying certain sums arising act. from the Revenue receivable in New South Wales to the supple­ mentary service thereof, for the year one thousand, eight hun­ dred and forty four." The supplementary appropriation Act for 1844 was this year passed separately from the appropriation Act for 1845; but it will come more properly under review in my general financial Despatch for the year. Medical wit­ nesses at 8th Vict, No. 8.—" An Aet to amend the Act passed in the inquests aet. second year of the reign of her present Majesty Queen Victoria, intituled, 'An Act to define the qualifications of Medical Wit­ nesses at Coroners' Inquests, and Inquiries held before Justices of the Peace in the Colony of New South Wales.' " The object of this Act was simply to establish a Medical Board* at Port Phillip, similar to that which has existed in Syd­ ney since 1838. The Board does not grant Diplomas, but simply examines those granted by regular Colleges or Faculties, and certifies to their being satisfactory. 8th Vict, No. 9.—"An Act to suspend for a limited period, so much of an Act of the Governor and Council of New South * Note 18. GIPPS TO STANLEY. 177 Wales ' To declare the Town of Sydney to be a City, and to In- 1845. corporate the Inhabitants thereof,' as relates to the estimating ' and levying a rate for the Police of the said City." rltellt.'01™ • Under the Sydney Corporation Act (6th Vict., No. 3), the whole expense of the Police of the City ought to be defrayed (Sec. 7) by rates on the Inhabitants; but, contemporaneously with it, a subsidiary Act was passed (6th Vict., No. 5) under which an aid of £5,000 a year was given out of the general Bevenue towards the payment of the Police, and another aid of equal amount towards the general purposes of the City. This subsidiary Act, however, expired on the 2d August, 1844 (see Sec. 7), twelve months after the meeting of the New Legislative Council. Under the 47th Clause of the Constitutional Act of the Colony, 5th and 6th Vict., ch. 76, half the expense of the Police through­ out the Colony ought to be defrayed by local assessments, and half out of the general revenue; but, by a Despatch dated the 21st August, 1844 (No. 177), I reported that I had consented that, during the year 1845, the whole expense should be defrayed out of the public funds. Having consented to this arrangement for the Colony in general, I considered it would be unfair on the inhabitants of Sydney to make them support the Police of the City by means of assessment; and consequently I introduced the present Act, the object of which simply is to relieve the Cor­ poration during the year 1845 from the obligation of raising Police Rates. I ought to explain that, though during the year 1845 the Government will pay the whole of the expense of the Sydney Police, it will be relieved altogether from the payment of £5,000 a year to the City fund, to which it was subject under the fourth clause of the subsidiary Act, 6th Vict., No. 5; consequently that the expenses of the Government will not be increased. 8th Vict., No. 10.—" An Act to amend an Act intituled, ' An cwonial dis- Act to consolidate and amend the laws for the distillation of l a lon ac ' Spirits in the Colony of New South Wales, and for the issue of Licenses for distilling, rectifying, and compounding Spirits therein, and for repealing certain laws relating thereto.'" The object of this Act is sufficiently apparent. The immediate cause of its being passed was an application from the Gas Com­ pany of Sydney, for permission to use a Still for the production of NaPtha. 8th Vict, No. 11.—"An Act to suspend for a limited period, so much of an Act of the Governor and Council of New South SEK. I. VOL. XXIV—M 178 HISTOEICAL EECOEDS OF AUSTEALIA. 1845. Wales ' to incorporate the inhabitants of the Town of Mel- 5Jan' bourne,' as relates to the estimating and levying a rate for the Melbourne Police of the said Town." This Act does for the Corporation of Melbourne the same that the Sth Vict., No. 9 (reported on above) does for that of Sydney. The Melbourne Corporation Act is the 6th Vict., No. 7; the Melbourne subsidiary Act the 6th Vict., No. 8. Melbourne 8th Vict., No. 12.—"An Act to amend an Act passed in the corporation act. gixth year of the Eeign of Her present Majesty, intituled, 'An Act to incorporate the inhabitants of the Town of Melbourne.'" This Act was passed for the purpose of amending in Minor particulars the Corporation Act of the Town of Melbourne. The most important clause of it is the 4th, which reduces the quali­ fication of Burgesses from £25 (at which it was fixed by the 12th Clause of the 6th Vict., No. 7) to £20, which is the quali­ fication of Electors under the 5th Clause of the Constitutional Act of the Colony, 5th and 6th Vict., ch. 76. The inexpediency - of having two franchises in the same Town, one for the election of Members of Council, the other for the election of Municipal Officers, is so apparent, that the propriety of the change can scarcely be called in question.
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