XII. And We do further direct, ordain, and appoint, that whenever the said Supreme Court of New South Wales shall direct or award any Process against the said Sheriff, or award any Process in any Cause, Matter, or Thing, wherein the said Sheriff, on Account of his being related to the Parties, or any of them, or by Reason of any good Cause of Challenge which would be allowed against any Sheriff in England, cannot, or ought not by Law, to execute the same; in every such Case the said Supreme Court of New South Wales shall name and appoint some other fit Person to execute and return the same; and the said Process shall be directed to the Person so to be named for that Purpose; and the Cause of such special Proceedings shall be suggested, and entered on the Records of the said Court. XIII. Provided always, and We do hereby ordain and declare, that the said Supreme Court of New South Wales shall fix certain Limits, beyond which the said Sheriff shall not be compelled or compellable to go in Person, or by his Officers or Deputies, for the Execution of any Process of the said Court; and when the Process of the said Court shall be to be executed in any Place or Places beyond the Limits so to be fixed, We grant, ordain, and direct, that the said Supreme Court of New South Wales shall, upon Motion, direct by what Person or Persons, and in what Manner, such Process shall be executed, and the Terms and Conditions which the Party, at whose Instance the same shall be issued, shall enter into, in Order to prevent any improper Use of Abuse of the Process of the said Court. And the said Sheriff shall, and he is hereby required to grant his special Warrant, or Deputation, to such Person or Persons as the said Court shall direct, for the Execution of such Process: And, in that Case, We direct and declare, that the said Sheriff, his Executors or Administrators, shall not be responsible or liable for any Act to be done in, or in any way respecting the Execution of such Process, under and by Virtue of such Special Warrant ; And that any Person or Persons being aggrieved under, or by pretence of such Special Warrant, shall and may seek their Remedy under any Security which may have been directed to be taken upon the occasion, and which the said Court is hereby authorized to direct to be taken. XIV. And Whereas, in the said Act of Parliament it is enacted, "That the said Courts shall have Cognizance of all Pleas, "Civil, Criminal, or mixed"; and the jurisdiction of the said Courts, in all such Cases, is thereby settled and ascertained : And it is thereby enacted, "That the said Courts shall be Courts "of Ecclesiastical Jurisdiction, and shall have full Power and "Authority to administer and execute, within New South Wales "and Van Diemen's Land, and the Dependencies thereof, such "Ecclesiastical Jurisdiction and Authority as shall be committed "to the said Supreme Courts, by Our Charter or Letters Patent "; Now We do hereby, for Us, Our Heirs and Successors, grant, ordain, establish, and appoint, that the said Supreme Court of New South Wales shall be a Court of Ecclesiastical Jurisdiction, with full power to grant Probates, under the Seal of the said Court, of the last Wills and Testaments of all or any of the Inhabitants of that Part of the said Colony, and its Dependencies, situate in the Island of New Holland, and of all other Persons who shall die and leave personal effects within that part of the said Colony; and to commit Letters of Administration, under the Seal of the said Court, of the Goods, Chattels, Credits, and all other Effects whatsoever, of the Persons aforesaid who shall die intestate, or who shall not have named an Executor resident within that Part of the said Colony and its Dependencies; or where the Executor, being duly cited, shall not appear and sue forth such Probate, annexing the Will to the said Letters of Administration, when such Persons shall have left a Will without naming any Executor, or any Person for Executor, who shall then be alive and resident within that Part of the said Colony and its Dependencies, and who, being duly cited thereunto, will not appear and sue forth a Probate thereof; and to sequester the Goods and Chattels, Credits, and other Effects whatsoever of such Persons so dying, in Cases allowed by law, as the same is and may be now used in the Diocese of London; and to demand, require, take, hear, examine and allow, and, if Occasion require, to disallow and reject the Accounts of them, in such Manner and Form as is now used, or may be used, in the said Diocese of London, and to do all other Things whatsoever needful and necessary in that Behalf. Provided always, and We do hereby authorize and require the said Court, in such Cases as aforesaid, where Letters of Administration shall be committed with the Will annexed, for Want of an Executor applying in due Time to sue forth the Probate, to reserve in such Letters of Administration full Power and Authority to revoke the same, and to grant Probate of the said Will to such Executor whenever he shall duly appear and sue forth the same. And we do hereby further authorize and require the said Supreme Court of New South Wales to grant and commit such Letters of Administration to any one or more of the lawful next of Kin of such Person so dying as aforesaid, and being then resident within the jurisdiction of the said Court, and being of the Age of Twenty-one Years; and in Case no such Person shall then be residing within the Jurisdiction of the said Court, or being duly cited shall not appear and pray the same, to the Registrar of the said Court, or to such Person or Persons, whether Creditor or Creditors or not of the deceased Person, as the Court shall see fit. Provided always, that Probates of Will, and Letters of Administration, to be granted by the said Court, shall be limited to such Money, Goods, Chattels, and Effects, as the deceased Person shall be entitled to within that Part of the said Colony situate within the Island of New Holland. XV. And We do hereby further enjoin and require, that every Person to whom such Letters of Administration shall be committed shall, before the granting thereof, give sufficient Security by Bond, to be entered into to Us, Our Heirs and Successors, for the Payment of a competent sum of Money, with one, two, or more able Sureties, Respect being had in the sum therein to be contained, and in the Ability of the Sureties, to the Value of the Estates, Credits, and Effects of the deceased; which Bond shall be deposited in the said Court, among the Records thereof, and there safely kept, and a Copy thereof shall be also recorded among the Proceedings of the said Court, and the Condition of the said Bond shall be to the following Effect;-"That if the above"bounden Administrator of the Goods, Chattels, and Effects 'of the deceased, do make, or cause to be made, a true and per"fect Inventory of all and singular the Goods, Credits, and Effects "of the said Deceased, which have or shall come to the Hands, "Possession, or Knowledge of him the said Administrator, or "to the Hands or Possession of any other Person or Persons for him; and the same so made, do exhibit, or cause to be exhibited into the said Supreme Court of New South Wales, at "or before a Day therein to be specified; and the same Goods, "Chattels, Credits and Effects, and all other the Goods, Chattels, "Credits and Effects of the Deceased at the Time of his Death, or which, at any Time afterwards, shall come to the Hands or Possession of such Administrator, or to the hands or Possession "of any other Person or Persons for him, shall well and truly "administer according to Law; and further shall make, or cause “to be made, a true and just Account of his said Administration, at or before a Time therein to be specified; and afterwards, from Time to Time, as he, she, or they, shall be lawfully re'quired. And all the Rest and Residue of the said Goods, Chat"tels, Credits, and Effects which shall be found, from Time to Time, remaining upon the said Administration Accounts, the same being first examined and allowed of by the said Supreme "Court of New South Wales, shall, and do pay and dispose of in "a due Course of Administration, or in such Manner as the said Court shall direct :-Then this Obligation to be Void and of Non-effect; or else to be and remain in full Force and Virtue." 66 XVI. And in Case it shall be necessary to put the said Bond in Suit, for the sake of obtaining the Effect thereof, for the Benefit of such Person or Persons as shall appear to the said Court to be interested therein, such Person or Persons, from Time to Time, giving satisfactory Security for paying all such Costs as shall arise from the said Suit, or any Part thereof, such Person or Persons shall, by Order of the said Court, be allowed to sue the same in the Name of the Attorney General, for the Timebeing, of the said Colony; and the said Bond shall not be sued in any other Manner. And We do hereby authorize and empower the said Court to order that the said Bond shall be put in Suit in the Name of the said Attorney General. XVII. And We do further will, order, and require, that the said Court shall fix certain Periods, when all Persons, to whom Probates of Wills, and Letters of Administration shall be granted by the said Court, shall, from Time to Time, until the Effects of the deceased Person shall be fully administered, pass their Accounts relating thereto before the said Court; and in Case the Effects of the Deceased shall not be fully administered within the Time for that Purpose to be fixed by the said Court, then, or at any earlier Time, if the said Court shall see fit so to direct, the Person or Persons to whom such Probate or Administration shall be granted, shall pay, deposit, and dispose of the Balance of Money, belonging to the Estate of the Deceased, then in his, her, or their Hands; and all Money which shall afterwards come into his, her, or their Hands, and also all precious Stones, Jewels, Bonds, Bills and Securities, belonging to the Estate of the Deceased, in such Manner, and unto such Persons, as the said Court shall direct, for safe Custody. And We require that the said Court shall, from Time to Time, make such Order as shall be just, for the due Administration of such Assets, and for the Payment or Remittance thereof, or any Part thereof, as Occasion shall require, to or for the Use of any Person or Persons, whether resident or not resident in the said Colony and its Dependencies, who may be entitled thereto, or any Part thereof, as Creditors, Legatees, or next of kin, or by any other Right or Title whatsoever. And we further order and direct, that it shall be lawful for the said Court to allow to any Executor, or Administrator of the Effects of any deceased Person (except as herein mentioned), such Commission or Percentage out of their Assets, as shall be just and reasonable, for their Pains and Trouble therein. Provided always, that no Allowance whatever shall be made for the Pains and Troubles of any Executor or Administrator who shall neglect to pass his Accounts at such Time, or to dispose of any Money, Goods, Chattels, or Securities, with which he shall be chargeable, in such Manner as, in Pursuance of any general or special Rule, or Order of the said Court, shall be requisite. And moreover, every such Executor or Administrator, so neglecting to pass his Accounts, or to dispose of any such Money, Goods, Chattels, or Securities with which he shall be chargeable, shall be charged with Interest at the Rate then current within the said Colony and its Dependencies, for such Sum and Sums of Money, as, from Time to Time, shall have been in his Hands, whether he shall or shall not make Interest thereof. XVIII. And We do hereby authorize the said Supreme Court of New South Wales to appoint Guardians, and Keepers of Infants and their Estates, according to the Order and Course observed in that Part of Our United Kingdom called England; and also Guardians, and Keepers of the Persons and Estates of Natural Fools, and of such as are or shall be deprived of their Understanding or Reason by the Act of God, so as to be unable to govern themselves and their Estates; which We hereby authorize and empower the said Court to inquire, hear, and determine, by Inspection of the Person, or such other Ways and Means by which the Truth may be best discovered and known. XIX. (Appeal to Privy Council.) XX. (Appeal to Privy Council.) XXI. (Appeal to Privy Council.) XXII. (Appeal to Privy Council.) XXIII. And We do hereby strictly charge and command all Governors, Commanders, Magistrates, Ministers, Civil and Military, and all our liege Subjects within and belonging to the said Colony, that in the Execution of the several Powers, Jurisdictions, and Authorities hereby granted, made, given, or created, they be aiding and assisting and obedient in all Things as they will answer the contrary at their Peril. XXIV. Provided always, that nothing in these Presents contained, or any Act which shall be done under the Authority thereof, shall extend or be construed to extend to prevent_Us, Our Heirs and Successors, to repeal these Presents, or any Part thereof, or to make such further or other Provision by Letters Patent for the Administration of Justice, Civil and Criminal, within the said Colony, and the Places now or at any Time hereafter to be annexed thereto, as to Us, Our Heirs and Successors shall seem fit, in as full and ample a manner as if these Presents had not been made;-These Presents, or any Thing herein contained to the Contrary thereof, in any wise, notwithstanding.In Witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster, the Thirteenth Day of ACT 9 GEO. IV., c. 83. An Act to provide for the Administration of Justice in the more more effectual Government thereof and for other purposes relating thereto. [25 July, 1828.] The Act 4 Geo. IV, c. 96 (under the authority of which Act the Charter of Justice issued), was repealed by the Act 9 Geo. IV, c. 83, which re-enacted (s. 1) the authority to grant Charters or letters patent establishing Courts of judicature, but provided (s. 2) that until such Charters or letters patent should be issued, the Supreme Court instituted by the letters patent of the 13th of October, 1823 (the Charter of Justice) should retain and exercise the several jurisdictions and powers vested in it by such letters patent so far as the same might not be altered by this Act, and the said letters patent were declared to be of the same force and effect as if they had been issued by virtue and in pursuance of this Act. (Sections 3 and 24 are here inserted.) 9 Geo. IV. c 83. Courts of 3. And be it further enacted that the said Courts respec- Supreme tively shall be Courts of Record and shall have cognizance of Courts to be all pleas civil criminal or mixed and jurisdiction in all cases what- record. soever as fully and amply to all intents and purposes in New South Wales and Van Diemen's Land respectively and all and every the islands and territories which now are or hereafter may be subject to or dependent upon the respective Governments thereof as His Majesty's Courts of King's Bench Common Pleas and Exchequer at Westminster or either of them lawfully have or hath in England And the said Courts respectively shall also be at all times Courts of oyer and terminer and gaol delivery in and |