14 Vict. No. 43. ing the same to the circumstances and condition of this Colony: Provided that it shall be lawful, from time to time, for any three Justices, at the General Quarter Sessions of the Peace holden at Sydney, of which Justices the Chairman shall be one, (or in and for the District of Port Phillip, for any two Justices, at the General Quarter Sessions holden at Melbourne, with the approval of the Resident Judge there,) to settle such variations as shall appear to them to be necessary for the purposes of such adaptation; and from and after the publication in the New South Wales Government Gazette, (or, at Melbourne, in the usual official newspaper there,) of any form as varied by such Justices, no other variation from the form prescribed by the Act shall be allowed.

Powers of Su

preme Court, and

8. And be it enacted and declared, Venue in actions. That whenever the Court of Queen's Bench is mentioned in the said recited Acts, or any of them, the Supreme Court of New South Wales shall in and for this Colony be taken to be indicated; and that in all actions where by the last mentioned of the said Acts, the venue is required to be laid in the County where the cause of action arose, it shall be sufficient to lay as the venue the appropriate Circuit Town; and no action shall be brought against any Justice in

respect of anything done by him in the 14 Vict. No. 43. execution of his office in any Court of Requests or of Petty Sessions.

9. And whereas it would greatly tend to the advancement of Justice, in respect of matters within the summary jurisdiction of Justices of the Peace, and to the protection of Justices in the exercise of that jurisdiction, especially from actions brought against them for or in respect of errors of judgment merely, if power were given to the Supreme Court, in certain cases, to amend defects of form. or mistakes not affecting the substantial merits in the proceedings of such Justices; and on the other hand, if the means of obtaining summary relief were afforded against the summary convictions or orders of Justices: Be it enacted, certain powers That after the commencement of this given to Supreme Act, no person brought before the said convictions. Court, or any Judge thereof, on Habeas Corpus, shall be discharged from custody by reason of any defect, or error whatsoever, in the warrant of commitment of any Justice or Justices, until he or they (or one of them, where more than one) or the prosecutor, or party interested in supporting such warrant, shall have had notice of the intention to apply for such discharge, and have been required to transmit and have had the opportunity of transmitting, or causing to be trans

Court in respect of summary

14 Vict. No. 43. mitted, to the Court or Judge, the conviction or order, if any, on which the commitment shall have been founded, together with the depositions and information, if any, intended to be relied on in support of such conviction or order, or certified copies thereof; and if any such conviction or order and depositions, shall be so transmitted, and the offence charged (or intended in point of fact to have been charged,) shall thereby appear to have been established, and the judgment of the Justice or Justices thereupon to have been in substance warranted, the Court or Judge shall allow the warrant of commitment (and the conviction or order also, if such Court or Judge shall think fit,) to be forthwith amended in all necessary particulars, in accordance with the facts; and the person committed shall thereupon be remanded to his former custody.

of Certiorari.

The like in cases 10. And be it enacted, That the like proceedings shall be had and the like amendments be allowed to be made in respect of every conviction and order hereafter brought before the Court, or any Judge thereof, by writ of Certiorari; and after amendment in any such case, the conviction or order may be enforced in the proper manner, and shall in all respects, and for all purposes, be regarded and dealt with the same as if it had stood originally as amended

dispensing with

11. And be it enacted, That in every 14 Vict. No 43. such case as aforesaid, whether of Habeas Provision for Corpus or of Certiorari, the required notice. notice may be given either after the issue of the writ or before; and that where copies of the conviction or order and depositions shall be produced at the time of applying for the writ, it shall be lawful for the Court or a Judge to dispense with such notice, if such Court or Judge shall think fit.

against erroncous convictions,

&c.

12. And be it enacted, That whenever summary relief after the commencement of this Act, any person shall feel aggrieved by the summary conviction or order of any Justice or Justices, it shall be lawful for him within twenty days after such conviction or order, (or where his place of residence shall be one hundred miles or upwards from Sydney, or, in Port Phillip, one hundred miles or upwards from Melbourne, then within thirty days after such conviction or order,) to apply to the Supreme Court, or in vacation, to one of the Judges thereof, for a rule or order calling on the Justice or Justices, and the party prosecuting, or otherwise interested in maintaining the conviction or order, to shew cause to the Court why a prohibition should not issue to restrain them from proceeding, (or from further proceeding, as the case may be,) upon or in respect of such conviction or order,

14 Vi t. No. 43. which rule or order may be made return

Proviso as to

reeding.

able in term, or on any day in vacation on which the Court shall be holden, as in Banco before two Judges; and if no cause be then shewn, or on some day to which the case shall be adjourned, or the Court after enquiring into the matter and consideration of the evidence adduced before the Justice or Justices, shall think that the conviction or order cannot be supported, the Court, shall or may in its discretion, direct that the writ applied for be issued, and may make such further order in the premises as shall be just, and the circumstances appear to require.

13. Provided always, and be it encourse of pro- acted, That no such rule or order to shew cause shall be granted or made except on an affidavit or affidavits, shewing a prima facie case of mistake or error on the part of the Justice or Justices; and that where, on cause being shewn, the mistake or error, (or mistakes or errors, if more than one,) shall appear to be amendable, the Court Ishall allow the conviction or order to be forthwith amended accordingly; and from and after such amendment, the conviction or order may be enforced or dealt with in all respects as if the same had so stood originally: Provided also, that in all proceedings under this and