or nature of a police magistrate's business; of "the many cases of deep interest which crowd upon his attention; the constant demands upon "his experience; the frequent trials of his "patience, and the repeated calls upon his knowledge of human nature. The value of his office "does not consist more in the strict legal per"formance of his judicial and administrative "duties than in the exercise of a sound discretion, "under the considerate application of the princi"ples and feelings of humanity, as an adviser, an "arbitrator, and a mediator. The hearing at a police office may in some instances, especially to "the young and misguided, be the opening of new views of life and new rules of conduct. By "the exercise of tact and kindness upon the part "of a magistrate, and by his showing an interest "in their well-being, persons may be awakened "to feelings which have been dormant for years, or of which they scarcely ever knew themselves "possessed. In domestic quarrels, parties may "be made aware of their relative position, and go 66 66 66 away with clearer views of their mutual claims " and dependencies. Even with our present im"perfect civil jurisdiction, the just demands and grievances of the poor may often be settled and "redressed by appeals to the sense of justice, or "shame of their opponents. There is scarcely a "conceivable case arising, particularly among the poorer classes, which may not immediately or directly come under the notice of Police Offices; "it is most important, therefore, that every means "should be adopted for upholding their reputa"tion, and so extending and increasing their "moral influence." 66 It remains now but to refer to the Act of 14 Vict., No. 23. Council by which these three Acts of Parliament 11 & 12 Vict., are applied and enforced in the administration of cap. 42, 43, & 44. Justice in New South Wales. Its chief provisions are so clearly described in Sir Alfred Stephen's address, which will be found in the preface to this manual, that the Compiler has but few remarks to add. It is necessary, however, to refer to an obvious error in the fifth clause, which de- Act of Council clares all Justices to be deemed Justices for the 14 Vict., No. 23. Colony generally unless otherwise indicated. The clause runs thus:— And be it enacted, That in all cases where, after the "commencement of this Act, any Justice shall be de"scribed as a Justice of the Peace for the Colony of "New South Wales, such description shall be taken to "mean that he is a Justice of the Peace for the Colony "generally, but not for any such city or town, unless "words indicating that he is a Justice also for such city "or town be added; and that in all cases every act done "or purporting to have been done by any Justice of the "Peace, either for the Colony, or for Port Phillip, or "for any such city or town, shall be taken to have been "within his jurisdiction, without an allegation to that "effect, until the contrary be shewn." In order to render this clause intelligible it is suggested, that after the word "generally" in the sixth line, it should read thus "but not for any city or town therein having Justices "with exclusive jurisdiction, unless words indicating that "he is a Justice also for such city or town be added." And in the tenth line, the words "or for Port "Phillip" ought to be erased. When this measure was under discussion in Council, this section as it stood in the original Bill, enacted and declared, that the Governor might from time to time issue Commissions of the Peace, separately, for Port Phillip, and for New South Wales (exclusive of that District) respectively; and then it proceeded to enact as in the text; but with the addition of words applying to Port Phillip as well as New South Wales Proper. The first portion of the clause, it seems, was struck out, as well as, inadvertently, the words here replaced Error in s. 5 of Adaptation of forms to Acts 11 & 12 Vict., cap. 42 & 43. Clerks and Gaol ers ought to keep accounts of all c. 43, and render Justices at The words ", or for Port Phillip," in the latter portion of the clause, were by some oversight retained. There is no doubt that these errors will be amended on the reassembling of the Council. The seventh clause of this Act enacts "that the "several forms annexed to the first-recited Acts, or any of them, may be varied for the purpose of adapting the same to the circumstances and "condition of this Colony," and it empowers any three Justices at the General Quarter Sessions of the Peace, holden at Sydney, of which Justices the Chairman shall be one, (or at 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. It is further enacted, that from and after the publication in the New South Wales Government Gazette, (or at Melbourne, in the usual official newspaper there), no other variation from the form prescribed by the Act, should be allowed. This Act was assented to, on the 2nd of October last, but as yet no steps have been taken by the Chairman of Quarter Sessions to settle any requisite variations, an omission to which it is deemed necessary to call attention. It is desirable also to remind Clerks of Petty Sessions and Gaolers throughout the Colony, that moneys received, it is now necessary for them to keep a true and &c., in the form in Schedule T to exact account of all fines, penalties, and sums of Act 11 & 12 Vict., money received by them, of whom and when rethe same to the ceived, and to whom and when paid, (in the form to Act No. 2 Schedule T. p. 144.) (a) They are also once every month, to render a fair copy of such account to the Justices, who shall be assembled at the Petty Sessions for their district, on or next after the first day of every month, under the penalty of forty shillings. It is believed that this duty has not yet been performed by (a) 11 & 12 Vict. c. 43, s. 31. either clerks or gaolers, and their attention is therefore directed to the clause in question. respect of sum tions. An excellent feature in our local Act is the Powers of Supower given to the Supreme Court to amend preme Court, in defects of form, or mistakes not affecting the sub- mary convicstantial merits in the proceedings of the Magistrates; and on the other hand, to afford the means of obtaining summary relief against erroneous summary convictions. It has, therefore, been enacted, in the first place, (a) that no person brought before the Supreme 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 caused to be transmitted, 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 in the event of the charge appearing to have been established, and the judgment thereupon to have been in substance warranted, the Court or Judge is empowered to allow the warrant of commitment, and the conviction or order to be amended in all necessary particulars, in accordance with the facts; and to remand the person committed to his former custody. The like proceedings and the like amendments are also allowed to be made in respect of convictions or orders brought before the Court or Judge by writ of Certiorari. (b) In any case, whether of Habeas Corpus or Certiorari, the required notice may be given either after the issue of the writ or before; (b) Ibid, s. 10. (a) 14 Vict., No. 23, s. 9. Of the writ of prohibition. and where copies of the conviction or order and depositions are produced at the time of applying for the writ, the Court or Judge is allowed to dispense with such notice if it be deemed fit. (a) On the other hand, the local Legislature has been equally careful to afford summary relief to any person who shall feel aggrieved by the summary conviction or order of any Magisterial Court; and has accordingly made a salutary provision for the issue, by the Supreme Court, of a Prohibition to restrain the Justice or Justices and party prosecuting, or otherwise interested in maintaining the conviction or order, from proceeding, or from further proceeding, as the case may be, upon or in respect of such conviction or order (b). The party aggrieved is allowed, within twenty days after the conviction or order (or within thirty days when residing one hundred miles or upwards from Sydney, and the same distance from Melbourne, if in Port Phillip) to apply to the Supreme Court, or in vacation to one of the Judges, for a rule or order calling on the Magistrates and prosecutor, or party interested in maintaining the conviction or order, to shew cause why a prohibition should not issue, which rule or order may be made returnable in term, or on any day in vacation on which the Court shall be holden, as in Banco before two Judges. If no cause be shown, or the Court, after due enquiry, think the conviction or order cannot be supported, it is empowered, in its discretion, to direct that the writ be issued. is, however, provided (c) that no such rule or order to shew cause shall be granted except on affidavit, shewing a prima facie case of mistake or error on the part of the Magistrates; and also, that where, on cause being shown, the mistake or error appears to be amendable, the Court is to allow the conviction or order to be amended accordingly, and to be enforced in all respects as if it had so stood originally. The payment of the (a) Ibid, s. 11. (b) Ibid, s. 12. (c) Ibid, s. 13. It |