22 JVi:W SOUTH WALES. 



lies to tlie Judicial Committee of the Privy Council — (1) in certain cases 

 specified by the Orders in Council/ and (2) in other cases by special 

 leave of the Council. Besides the Supreme Court there is also a 

 system of local Laud Boards and a Land Court of Appeal'' as well 

 as a Vice-Admiralty Court." The inferior Courts include — (1) The 

 District Courts, which exercise an inferior civil jurisdiction ;'' (2) The 

 Courts of General and Quarter Sessions, which exercise a subordinate 

 criminal jurisdiction and are presided over by a District Court Judge 

 as chairman*"; and (3) the Magistrates^ courts, whicb exercise a petty 

 jurisdiction both in civil and criminal cases. *^ The magistrates of 

 the Colony include — (1). Stipendiary Magistrates, who are appointed 

 to act within the metropolitan district; (2) Police Magistrates, who are 

 appointed to act at different places throughout the Colony ; and (3) 

 Honorary Justices of the Peace. The system of jury trial has been 

 adopted in the Colony and applies to the trial of all criminal offences 

 except those punishable by courts of summary jurisdiction; as well as 

 to civil issues of fact or damages triable before tbe Supreme Court at 

 common law. In other cases the adoption of this mode of trial is made 

 to depend sometimes on the consent of the judge/ sometimes on 

 the agreement of the parties/ and sometimes on a claim to this effect 

 being made by either party.*' There is no grand jury in the Colony, 

 the functions of that body being performed by the Attorney General. 



TAe Laws of the Colony. 



The laws in force in the Colony may be classed, according to their 

 origin, under three heads : — (1) Rules of English, law, which became 

 applicable to the Colony, either at the date of the original settlement, 

 or by virtue of 9 Geo. IV, c. 83. Under the latter statute, all rules 

 which were then (1828) in force in England, and which were reason- 

 ably suited to the circumstances of the Colony, were to be applied in 

 the administration of justice.' These rules are, however, capable 

 of being altered, and have to a large extent been altered by local 

 legislation.^ (2) The Imperial law, whicb includes such Acts of the 

 Imperial Parliament as apply to the Colony either by express enact- 

 ment or necessary implication, together with orders and conventions 

 made in pursuance of them.'' Rules derived from this source can- 

 not be altered by the local Legislature, except under express powers 

 conferred by Imperial Act.* (3) The Colonial law, which includes 

 rules derived either from colonial legislation or the interpretation 

 of the local courts, together with a slight element of local usage. 

 Even the colonial law, however, embraces many rules of English 



» 13th Nov., 1850 ; 13th June, 1853. »' 48 Vic, No. 18 ; 50 Vic, No. 21. 



"= 26 and 27 Vic, ch. 24 ; 31 Vic, ch. 45. -^ 22 Vic, No. 18 and Amending Acts. 



'• 22 Vic. No. 18, sec. 25. 



f The jurisdiction of the magistrate in criminal cases is regulated by 11 and 12 Vic, 

 ch. 42 and 43 ; and in civil cases by 10 Vic. No. 10. 



s 44 Vic, No. 18, sec. 36. '' 48 Vic, No. 7, sec. 9. ' 9 Geo. IV, ch. 83, sec. 24. 



-' Thus the devolution of land upon intestacy has now been assimilated to that of 

 personalty ; see 26 Vic, No. 2 ; 54 Vic, No. 25, sec. 32. 



'' Some of the Imperial Acts apply to the Colony alone, such as 18 and 19 Vic, c 54 ; 

 some to the Australasian Colonies generally, such as the Australian Colonies Duties Act, 

 1873 ; and some to all British territory, such as the Foreign Enlistment Act of 1870. 



' For an illustration of the bestowal of this power -fee the Merchant Shipping Act, 1854, 

 sec. 547. 



