NEW SOUTH WALES AND PARLIAMENT. 325 



passed, provided for the government of the Colony until July, 

 1827, and was thus only a temporary measure. 1 The main lines 

 of the Bill followed Bigge's Reports very closely and need not 

 be recapitulated. 



The delay in granting trial by jury in criminal cases roused 

 considerable opposition, and Sir James Mackintosh moved in 

 committee for its immediate introduction, but without success. 2 

 The Criminal Court remained little altered, an additional officer 

 being added, or failing an officer a magistrate against whom 

 the right of challenge might be exercised. 3 But in the Civil 

 Court, where the Chief Justice was in general to be assisted by 

 two magistrates (the right of challenge being again allowed), it 

 was also possible at the desire of the parties that a jury of 

 twelve might be called. 4 Nor was any qualification required 

 in a juror other than the possession of fifty acres of freehold 

 land, or a freehold dwelling valued at 300. 5 



At any time jury trial might be adopted in the Criminal 

 Court by the issue of an Order in Council, which suggests 

 that the Government thought that this further change might 

 be made before the expiration of the Act in 1827. 



The Bill contained very little relating to the convicts, but 

 two provisions closely affected emancipists. 6 By these the 

 remissions already given by the Governor were declared to 

 have the power of pardons under the Great Seal, but future re- 

 missions were to have that power within New South Wales only. 7 



The emancipists, or Edward Eager representing them in 

 England, decided that the Bill did not offer them sufficient 

 redress; and at his request Sir James Mackintosh presented to 

 Parliament the petition which had been drawn up in 18: 

 Mackintosh also opposed the provisions in Committee, 9 thou 

 in this instance also he was unsuccessful. It is notabl 



i This limitation of the Act was made in committee on the motion of Can- 

 L x: A division w taken, but the motion was 



lost by thirty votes to forty-one. 



3 5 tfr g fi IV " "^ 96> S> 4> " See s? 21 and s. aa. 



' Si ! r'emiLns were also to be transmitted to His Majesty for appro 



01 a " S W e a eThapt e 2 r 2 ix. ; p. 27 5- Petition was presented and read on 8th July, i8a 3 . 

 See Times, gth July, 1823. 



See Times, loth July, 1823. 



