CHARTER OF (The Imperial Act 4 Geo. IV, c. 96, authorised the King by Charters or letters patent under the Great Seal to erect and establish Courts of judicature in New South Wales and Van Diemen's Land, to be styled "The Supreme Court of New South Wales" and "The Supreme Court of Van Diemen's Land" respectively. Accordingly by letters patent known as the CHARTER OF JUSTICE, dated the 13th of October, 1823, His Majesty granted, directed, ordained and appointed that there should be within that part of the Colony of New South Wales situate in the island of New Holland, a Court which should be called "The Supreme Court of New South Wales," and the said Court was thereby created directed and constituted a Court of Record. It has been thought useful to print here some of the clauses of the Charter.) GEORGE THE FOURTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c., &c., &c. TO ALL TO WHOM THESE PRESENTS SHALL COME,- GREETING : 66 WHEREAS, by an Act passed in the Fourth Year of our Reign, intituled, "An Act to provide, until the First Day of July, 1827, and until the End of the next Session of Parliament, for the "better Administration of Justice in New South Wales and Van "Diemen's Land, and for the more effectual Government thereof, "and for other purposes relating thereto," it was enacted, That it should be lawful for Us, Our Heirs or Successors, by Charters or Letters Patent, under the Great Seal of Our United Kingdom of Great Britain and Ireland, to erect and establish Courts of Judicature in New South Wales and Van Diemen's Land respectively, which should be styled "The Supreme Court of New South Wales" and " The Supreme Court of Van Diemen's Land" and that each of such Courts respectively should be holden by one Judge, or Chief Justice, and should have such Ministerial or other Officers as should be necessary for the Administration of Justice in the said Courts respectively, and for the Execution of the Judgments, Decrees, Orders, and Process thereof: And it was enacted, That the said Judges should, from Time to Time, be appointed by Us, Our Heirs and Successors; and that the said Ministerial, and other Officers of the said Courts respectively, should from time to Time, be appointed to, and removed from, their respective Offices, in such Manner as We, Our Heirs and Successors, should, by such Charters or Letters Patent as aforesaid, direct; and that the said Judges should be respectively entitled to receive such reasonable Salaries as We, Our Heirs and Successors, should approve and direct; which Salaries should be in lieu of all Fees or other Emoluments whatsoever :-Now know ye, that We, upon full Consideration of the Premises, and of Our especial Grace, certain Knowledge, and mere Motion, have, in pursuance of the said Act of Parliament, thought fit to grant, direct, ordain and appoint, and by these Presents do accordingly for Us, Our Heirs and Successors, grant, direct, ordain, and appoint, that there shall be within that Part of Our Colony of New South Wales, situate in the Island of New Holland, a Court, which shall be called " The Supreme Court of New South Wales"; and We do hereby create, direct, and constitute the said Supreme Court of New South Wales a Court of Record. II. And We do further will, ordain, and appoint, that the said Supreme Court of New South Wales shall consist of, and be holden by and before one Judge, who shall be and be called the Chief Justice of the Supreme Court of New South Wales; which Chief Justice shall be a Barrister in England or Ireland of not less than Five Years Standing, to be named and appointed, from Time to Time, by Us, Our Heirs and Successors, by Letters Patent under Our and Their Great Seal of the United Kingdom of Great Britain and Ireland; and such Chief Justice shall hold his Office during the pleasure of Us, Our Heirs and Successors, and not otherwise. III. And We do hereby give and grant to Our said Chief Justice Rank and Precedence above and before all Our Subjects whomsoever within the Colony of New South Wales aforesaid, and the Islands, Territories, and Places dependent thereupon, excepting the Governor, or Acting Governor for the Time-being of the said Colony, and excepting all such persons as by Law or Usage take Place in England before Our Chief Justice of Our Court of King's Bench. IV. And We do further grant, ordain, and appoint, that the said Supreme Court of New South Wales shall have and use, as Occasion may require, a Seal, bearing a device and Impression of Our Royal Arms, within an Exergue or Label surrounding the same, with this inscription-“ The Seal of the Supreme Court of New South Wales." And We do hereby grant, ordain, and appoint, that the said Seal shall be delivered to, and kept in the Custody of, the said Chief Justice. V. (Salary of Chief Justice.) VI. (Salary of Chief Justice.) VII. (Chief Justice to hold no other office on pain of forfeiture.) VIII. And We do hereby constitute and appoint Our trusty and well-beloved FRANCIS FORBES, Esquire, to be the first Chief Justice of the said Supreme Court at New South Wales, the said FRANCIS FORBES being a Barrister in England of Five Years Standing, and upwards. IX. And We do hereby ordain, appoint, and declare, that there shall be and belong to the said Court the following Officers; that is to say, a Registrar, a Prothonotary, a Master, and a Keeper of Records, and such and so many other Officers as to the Chief Justice of the said Court for the Time-being shall, from Time to Time, appear to be necessary for the Administration of Justice, and the due Execution of all the Powers and Authorities which are granted and committed to the said Court by these Our Letters Patent. Provided nevertheless, that no new Office shall be created in the said Court, unless the Governor, or Acting Governor for the Time-being of Our said Colony, shall first signify his Approbation thereof to Our said Chief Justice for the Time-being, in Writing, under the Hand of such Governor, or Acting Governor as aforesaid; and We do further ordain and direct, that all Persons, who shall and may be appointed to the several Offices of Master, Registrar, Prothonotary, or Keeper of Records of the said Supreme Court of New South Wales, or to any Offices in the said Court whereof the Duties shall correspond to those performed by the Master, Registrar, Prothonotary, or Keeper of Records of any or either of Our Courts of Record at Westminster, shall be so appointed by Us, Our Heirs and Successors, by Warrant under Our or Their Royal Sign Manual; and that all Persons, who shall and may be appointed to any other Office within the said Supreme Court of New South Wales, shall be so appointed by the Chief Justice for the Time-being of the said Court. And We do further direct and appoint, that the several Officers of the said Court, so to be appointed as aforesaid by Us, Our Heirs and Successors, shall hold their respective Offices during Our and Their Pleasure; and that the several Officers of the said Court so to be appointed as aforesaid by the Chief Justice thereof, be subject to be removed by the said Court from their Offices therein, upon reasonable cause. X. And We do hereby authorize and empower the said Su preme Court of New South Wales to approve, admit, and enrol such and so many persons, having been admitted Barristers-atLaw or Advocates in Great Britain or Ireland, or having been admitted Writers, Attorneys, or Solicitors, in one of Our Courts at Westminster, Dublin, or Edinburgh, or having been admitted as Proctors in any Ecclesiastical Court in England, to act as well in the Character of Barristers and Advocates, as of Proctors, Attorneys, and Solicitors in the said Court; and which Persons, so approved, admitted, and enrolled as aforesaid, shall be, and are hereby authorized to appear, and plead, and act for the Suitors of the said Court, subject always to be removed by the said Court from their Station therein, upon reasonable Cause; and We do declare, that no other Person or Persons whatsoever shall be allowed to appear, and plead, or act, in the said Supreme Court of New South Wales, for and on behalf of such Suitors, or any of them. Provided always, and We ordain and declare, that in Case there shall not be a sufficient Number of such Barristers-atLaw, Advocates, Writers, Attorneys, Solicitors, and Proctors, within the said Colony, competent and willing to appear and act for the Suitors of the said Court, then and in that Case the said Supreme Court of New South Wales shall, and is hereby authorized to admit so many other fit and proper Persons to appear and act as Barristers, Advocates, Proctors, Attorneys, and Solicitors, as may be necessary, according to such general Rules and Qualifications as the said Court shall, for that Purpose, make and establish. Provided, that the said Court shall not admit any Person to act in any or either of the Characters aforesaid, who hath been, by due Course of Law, convicted of any Crime, which, according to any Law now in force in England, would disqualify him from appearing and acting in any of Our Courts of Record at Westminster. his XI. And We do ordain and declare, that the Governor, or Acting Governor for the Time-being of the said Colony of New South Wales, shall yearly, on the first Monday in the Month of January in each year, by Warrant under his Hand and Seal, nominate and appoint some fit and proper Person to act as and be the Sheriff for Our said Colony of New South Wales and its Dependencies, other than and except the Island of Van Diemen's Land, for the Year ensuing; which Sheriff, when appointed, shall, as soon as conveniently may be, and before he shall enter upon said Office, take an Oath faithfully to execute his Office, and the Oath of Allegiance, before the Governor, or Acting Governor, who are hereby authorized to administer the same; and such Sheriff shall continue in such his Office during the space of One whole Year, to be computed from the said first Monday in the Month of January, and until another shall be appointed and sworn into the said Office; and, in case such Sheriff shall die in his Office, or depart from Our said Colony of New South Wales, then another Person shall, as soon as conveniently may be after the Death or Departure of such Sheriff, be in like Manner appointed and sworn in as aforesaid, and shall continue in his Office for the Remainder of the Year, and until another Sheriff shall be duly appointed and sworn into the said Office. And We do further order, direct, and appoint, that the said Sheriff and his Successors shall, by themselves or their sufficient Deputies, to be by them appointed and duly authorized under their respective Hands and Seals, and for whom he and they shall be responsible during his or their Continuance in such Office, execute, and the said Sheriff and his said Deputies are hereby authorized to execute all the Writs, Summonses, Rules, Orders, Warrants, Commands, and Process, of the said Supreme Court of New South Wales, and make return of the same, together with the Manner of the Execution thereof, to the Supreme Court of New South Wales; and to receive and detain in Prison all such Persons as shall be committed to the Custody of such Sheriff by the said Supreme Court of New South Wales, or by the Chief Justice of the said Court. And We do further authorize Our Governor, or Acting Governor for the Time-being for the said Colony of New South Wales, to re-appoint the said Person to fill the Office of Sheriff from Year to Year, if it shall appear to Our said Governor, or Acting Governor, expedient so to do. So nevertheless that such Appointment shall be annually renewed, and be not ever made for more than one Year. Provided nevertheless, and We do hereby require Our said Governor, or Acting Governor of Our said Colony, in the Selection of any Person or Persons to fill the said Office of Sheriff of New South Wales, to conform himself to such Directions as may from Time to Time be given in that Behalf by Us, Our Heirs and Successors, through one of Our or their Principal Secretaries of State. |