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Criminal Code.

If a verdict is given for the defendant, or the plaintiff is nonsuited, or discontinues the action, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant is entitled to full costs of action as between solicitor and client.

No Court fees in criminal cases.

106.

NO fees can be taken in any Court of criminal jurisdiction or before any justice from any person who is charged with an indictable offence for any proceeding had or taken in the Court or before the justice with respect to the charge.

nesses for defence.

Police and Resident

alone.

707. THE Court may, in its discretion, make the like order Court may order payment of wit- for payment of the expenses of any witnesses bound by recognisance

to appear on behalf of an accused person as if such witness were bound over on behalf of the prosecution, and any such payment is deemed to be part of the expenses of the prosecution.

708. ANY Police Magistrate or Resident Magistrate may Magistrates may act exercise alone any jurisdiction conferred by this Code on two

justices in Petty Sessions. Jurisdiction of one

709. ANY one justice may exercise the jurisdiction of two justice in certain justices under this Code whenever no other justice is permanently circumstances.

resident or can be found at the time within a distance of twenty miles; provided that the justice, on any conviction, certifies, in writing, that no other justice permanently resides or can be found within twenty miles. But no sentence of whipping inflicted by one justice may be inflicted until approved by the Governor.

710. IN the case of the absence of the Attorney General or of Powers of Attorney his inability to perform the duties of his office, or of a vacancy in the delegated to Crown office, the Crown Solicitor may exercise, perform, and discharge all

the powers, duties, and functions which the Attorney General is required or able to perform or discharge under the provisions of this Code, and the warrant of the Governor directing the Crown Solicitor to exercise, perform, and discharge such powers, duties, and functions is conclusive evidence of the absence or inability of the Attorney General, or of a vacancy in the office, as the case may be.

Solicitor.

Copies of deposi

711. ANY person who is committed for trial or held to bail tions to be allowed for any indictable offence is entitled to have on demand, from the to persons com

person who has the lawful custody thereof, copies of the depositions of the witnesses on whose depositions he has been so committed or held to bail.

mitted for trial.

Demand for copy to be made prior to commencement of sittings.

Provided that, if the demand is not made before the day appointed for the commencement of the sittings of the Court at which the trial of the person on whose behalf the demand is made

is

Criminal Code.

is to take place, he is not entitled to have any such copy unless the Judge is of opinion that the copy may be made and delivered without delay or inconvenience to the trial.

The Court may postpone a trial on account of the accused person not having previously had a copy of the depositions.

1712. ANY person who is tried for any offence is entitled, at the time of his trial, to inspect without fee all depositions or copies positions at trial.

Inspection of deof depositions which have been taken against him and returned into the Court before which the trial is had.

713. THE Judges of the Supreme Court, or a majority of them, may make general rules prescribing forms of complaints, summonses, depositions, indictments, judgments, records, convictions, warrants, recognisances, and other proceedings, to be used in any Court, or before Justices in respect of any offences; and every form so prescribed is to be deemed sufficient for the purpose, and sufficiently to state the offence or matter for or in respect of which it is prescribed to be used.

The Judges, or a majority of them, may also make General Rules not inconsistent with the provisions of this Code, regulating proceedings.

Forms of criminal the proceedings upon the trial of persons charged with indictable offences, and the proceedings upon informations presented by leave of the Court.

TAE

Criminal Code.

The Second Schedule.

STATUTES OF THE REALM IN FORCE IN WESTERN AUSTRALIA.

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5 & 6 Ed. VI., Against Buying and Selling of Offices... The whole

c. 16

1

Sess.

Mary, II., c. 6

An Act that the Counterfeiting of The whole
Strange Coins beivg current within this
Realm the Queen's Highness' Sign-
Manual Signet or Privy Seal to be
adjudged Treason

1 & 2 P. & M., An Act whereby certain Offences be made The whole

Treasons and also for the government
of the King's and Queen's Majesties'
Issue

c. 10

18 Eliz., c. 5

An Act to redress Disorders in common
Informers

The whole

13 Car. II., St.

1, c. 5

An Act against Tumults and Disorders The whole
upon pretence of preparing or present-
ing public petitions or other Addresses
to His Majesty or the Parliament

Section 7

31 Car. II., c. 2 | An Act for the better securing the

Liberty of the Subject and for Preven-
tion of Imprisonment beyond the Seas

SECOND

Criminal Code.

SECOND SCHEDULE-continued.

STATUTES OF THE REALM IN FORCE IN WESTERN AUSTRALIAcontinued.

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9 Wm. III., c. 7 An Act to prevent the throwing or firing The whole

of Squibbs, Serpents, and other fireworks

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c. 5

1 Geo. I., St. 2, An Act for preventing Tumults and riotous The whole not

Assemblies and for the more speedy already repealed

and effectual punishing the Rioters
Geo. I., c. 12 Beginning with the words “An Act for The whole

enforcing and making perpetual an Act
of the twelfth year of her late Majesty”
and ending with the words “such as
wilfully burn or destroy ships

8 Geo. I., c. 22 Beginning with the words “An Act

An Act The whole
to prevent the Mischiefs by forging
Powers” and ending with the words
Instruments founded thereupon”

8 Geo. I., c. 24

An Act for the more effectual suppressing Section 1
of Piracy

SECOND

Criminal Code.

SECOND SCHEDULE--continued.

STATUTES OF THE REALM IN FORCE IN WESTERN AUSTRALIA—continued.

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An Act for the more effectually prevent-
ing the stealing of Linen, Fustian, and
Cotton Goods and Wares in Buildings,
Fields, Grounds, and other Places used
for Printing, Whitening, Bleaching, or
Drying the same

18 Geo. II., c. 27

The whole

18 Geo. II., c. 30

The whole

An Act to amend an Act made in the
eleventh year of the Reign of King
William the Third, intituled An Act
for the more effectual Suppression of
Piracy"

SECOND

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