9 Geo. IV. c. 31...

4 Wm. IV. No. 4

8 Wm. IV. No. 2

2 Vict. No. 10...

VOL. I.

"An Act for enabling courts to abstain from The whole.
pronouncing sentence of death in certain
"capital felonies
"An Act for registering deeds and convey-
"ances in New South Wales and for other
"purposes

"An Act for improving the administration of
criminal justice in England"

"An Act to prohibit the setting of spring guns

man traps and other engines calculated to
destroy human life or inflict grievous bodily
"harm"

"An Act for repealing various Statutes in
England relative to the benefit of clergy

66

and to larceny and other offences connected "therewith and to malicious injuries to pro

perty and to remedies against the hundred" "An Act for further improving the adminis"tration of justice in criminal cases in England"

"An Act for consolidating and amending the
"laws in England relative to larceny and
"other offences connected therewith'

"An Act for consolidating and amending the
"laws in England relative to malicious in-
"juries to property"

"An Act for adopting certain Acts of Par-
"liament passed during the seventh and
"eighth years of His present Majesty King

George the Fourth for the amendment of
"the law and the improvement of the admin-
"istration of justice in criminal cases
"An Act for consolidating and amending the
"Statutes in England relative to offences
"against the person'
"An Act for adopting and applying certain
"Acts of Parliament relating to forgeries
"and an Act for abolishing the punishment
"of death in certain cases in New South
"Wales and its dependencies and for
"making further provision therein"
"An Act for adopting certain Acts of Parlia-
"ment passed in the third and fourth years
"of the reign of His present Majesty King
"William the Fourth and the fourth and fifth
"years of the reign of His said Majesty and
"the sixth and seventh years of the reign of
"His said Majesty respectively and apply-
"ing the same in the administration of justice
"in New South Wales in like manner as
"other laws of England are applied therein"
"An Act for adopting certain Acts of Par-
"liament passed in the first year of the
"reign of Her Majesty Queen Victoria in
"the administration of justice in New
"South Wales in like manner as other laws
"of England are applied therein"

So much of section 6
as relates to any of
the felonies men-
tioned therein.
The whole except sec-
tions 4 5 and 6.
The whole.

The whole.

The whole.

The whole.

The whole.

The whole.

So much as has not
been already re-
pealed.

The whole.

The whole.

The whole.

27 VICTORIA, No. 233.

Section 2.

"and payment of the public moneys the
"audit of the public accounts and the pro-
"tection and recovery of the public pro-
"perty"

The whole.

Section 9.

Sections 113 117 119
and 120.
Section 12.

Section 3.

Section 21.

Section 24.

Section 44.

"An Act to remove doubts as to the power of The whole.
"the Governor to commute the sentence of
"death"

"An Act to simplify the laws relating to the
"transfer and encumbrance of freehold and

"other interests in land"

"An Act for the punishment of any person
"who shall by his negligence cause griev-
"ous bodily injury to any other person'
"An Act for the better administration of the
"law by justices of the peace and for
"other purposes in connection therewith"
"An Act to consolidate and amend the laws
"relating to municipal institutions"
"An Act for the better management of rail-
ways"

66

"The Instruments and Securities Statute

"1864 "

Section 131.

The whole.

Sections 2 3 and 4.

Section 235.

Sections 43 44 and
45.
Sections 125 and 126.

27 VICTORIA, No. 233.

in the year of our
in the said [

Lord

at

day

] A. B. being charged before us and consenting to our deciding upon the charge summarily for that the said A.B. [stating the offence charged and the time and place when and where alleged to be committed] [add if the case so require and the value of the said property appearing to us to be under two pounds or the said A.B. in our opinion having been under the age of sixteen years at the time aforesaid] we did summarily adjudicate on the said charge and did dismiss the same.

of

Section 310.

Section 321.

ection 321.

THIRD SCHEDULE.

I A.B. being the medical officer in attendance on the execution of C.D. at the gaol do hereby certify and declare that I have this day witnessed the execution of the said C.D. at the said gaol and I further certify and declare that the said C.D). was in pursuance of the sentence of the the neck until his body was dead.

Given under my hand this

our Lord one thousand eight hundred and

court hanged by

FOURTH SCHEDULE.

We do hereby testify and declare that we have this day been present when sentence of death was carried into execution on the body of C.D. convicted at the criminal sessions of the Supreme [or Circuit] Court held at on the day of and sentenced to death and that the said C.D. was in pursuance of the said sentence hanged by the neck until his body was dead. Dated this

gaol of

To the Judges of the Supreme Court of Victoria or any one of them.

This is to certify that I decline to file any information against E.F. detained in the custody of G.H. gaoler of under the warrant of I.J. Esq. J.P. upon

Whereas E.F. is detained in your custody under the warrant of LJ. Esq. J.P. upon a charge of and whereas it has been certified to me by J.H.P. Esq. Her Majesty's Attorney-General that he declines to file any information against the said E.F. for the said offence you are therefore hereby authorised and required forthwith to discharge the said E.F. from your custody upon the said warrant.

Given under our [or my] hand this

K.L.
M.N.

day of

A.D.

Judges [or Judge] of the Supreme Court.

A.D.

before

concern.
for the
A.B. late of

Section 390.

held on the

day laborer having been

of
found guilty of felony and [here state the substance of the judgment if judgment has been
given] that [state the substance] the court before whom he was tried reserved a certain
question of law for the consideration of the judges of the Supreme Court and judg-
ment was postponed [or if the case be so] execution was thereupon respited in the
meantime.

This is to certify that it has been considered by the said judges that the judgment aforesaid be annulled [or otherwise as the case may be] and you are therefore required forthwith to discharge the said A.B. from your custody.

E.F. Clerk of the

CRIMINAL LAW AND PRACTICE (AMEND-
MENT 1869).

An Act to amend the law relating to Crimes and the
Practice in Criminal Courts.

[31st August 1869.]

THEREAS it is and may be necessary and proper to require Preamble. confirmation of written instruments or allegations or proof

of debts or of the execution of deeds or other matters: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled. and by the authority of the same as follows:

made.

1. It shall and may be lawful for any justice of the peace Voluntary declanotary public or other officer now by law authorized to administer rations may be an oath to take and receive the voluntary declaration of any person 9 Vict. No. 9 s. 9. making the same before him in the form in the Schedule to this Act annexed, or to the like effect, and if any declaration so made shall be false or untrue in any particular the person wilfully making such false declaration shall be deemed to be guilty of wilful and corrupt perjury and be punishable accordingly.

2. In any proceeding or prosecution which may hereafter be Procedure in instituted against any person or persons for making any false decla- such cases.