action shall recover a verdict, he, she, or they shall, in addition to the damages found by such verdict, shall recover and have treble costs.

may

1

XLIII. And be it further enacted, That it shall and be lawful for the Court of Sessions, or any two or more justices of the peace in New South Wales, or the dependencies thereof, upon complaint made upon oath, to punish by fine or imprisonment, or both, any wilful violation of the provisions of such indentures as aforesaid by, or any misdemeanor, miscarriage, or ill-behaviour of, such artificer, handicraftsman, mechanic, gardener, servant in husbandry, or other labourer, in such his service or employment as aforesaid, and also to hear and determine all complaints, differences, and disputes which shall happen and arise between any such artificer, handicraftsman, mechanic, gardener, servant in husbandry, or other labourer, and the person or persons whom he shall have so contracted to serve as aforesaid, and to make such order or award in every such case as to such Courts of Sessions or justices shall seem just, and every such order or award to enforce by execution against the goods, effects, or other property of the party or parties against whom such order or award shall be made, or by arrest of the person, and imprisonment for any time not exceeding three calendar months.

XLIV. Provided always, and be it further enacted, That in case it shall at any time seem fit to his Majesty, his heirs and successors, to constitute and erect the island of Van Diemen's Land, and any islands, territories, or places thereto adjacent, into a separate colony, independent of the government of New South Wales, it shall and may be lawful for his Majesty, his heirs and successors, so to do, any thing herein-before to the contrary contained in anywise notwithstanding; and in that case

it shall and may be lawful for his Majesty, his heirs and successors, by any order to be by him or them issued, by and with the advice of his or their Privy Council, to commit to any persons or person within the said island of Van Diemen's Land, and such islands, territories, or places as aforesaid, such and the like powers, authorities, and jurisdictions, as by virtue of this present act or of any other act of Parliament are or may lawfully be committed to any person or persons within the colony of New South Wales and its dependencies, subject, nevertheless to all such and the like restrictions, provisoes, and declarations as are herein-before made and contained, and thereupon the appeal herein-before granted to the governor of New South Wales and its dependencies, from the judgments, decrees, orders, and sentences of the Supreme Court of Van Diemen's Land, shall cease and determine; and from and after the making of any such order, all instruments in writing whereby any governor or acting governor of Van Diemen's Land and its dependencies shall remit or shorten the term or time of transportation of any felons or other offenders shall have such and the like force, effect, and virtue in the law, as any such instruments in writing to be made by any governor or acting governor of New South Wales and its dependencies, can or may lawfully have by virtue of the beforementioned act passed in the thirtieth year of the reign of his late Majesty King George the Third, or by virtue of this present act.

XLV. And be it further enected, That this act shall be and continue in force until the first day of July in the year of our Lord one thousand eight hundred and twenty-seven, and from thence until the end of the next session of Parliament.

Abstract from 5 Geo. IV. Cap. 84.

XXVI. And whereas it hath sometimes happened, that felons under sentence or order of transportation in New South Wales and the islands adjacent, have received from the governor or lieutenant governor thereof remissions, either absolute or conditional, of the whole or of some part of the term of their transportation, and have by their industry acquired property, in the enjoyment whereof it is expedient to protect them; and the like may happen in future in the same colony, and in other colonies to which felons may be transported under and by virtue of this act. Be it therefore enacted, that it shall and may be lawful for every felon under order or sentence of transportation, who hath received or shall receive any such remission as aforesaid from the governor or lieutenant governor of New South Wales, or from the governor or lieutenant governor of any other colony, who may be authorised to grant the same, while such felon shall reside in a place where he may lawfully reside under such sentence, order, or remission, and under the provision of this act, to maintain any action or suit for the recovery of any property, real, personal, or mixed, acquired by such felon since his or her conviction, and for any damage or injury sustained by such felon since his or her conviction, not only in the courts of the colony or place where such felon shall lawfully reside, but also in the courts of this kingdom, and of all other his Majesty's dominions; and if the defendant in any such action or suit shall plead or alledge in his defence the plaintiff or complainant's conviction of felony, and the plaintiff or complainant shall alledge and prove that he or she hath received such remission as aforesaid, and is residing in some place consistent therewith and with the provisions of this act, a verdict shall pass and judgment shall be given for the plaintiff or complainant.

CHARTER OF JUSTICE, VAN DIEMEN'S LAND.

George the Fourth, by the grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith, to all to whom these presents shall come greeting, 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 and 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 judge should be, from time to time, 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 intitled to receive such reasonable salaries as we, our heirs and successors

should approve and direct, which salaries should be in lieu of all fees and emoluments whatsoever. Now know ye that we, upon full consideration of the premises, and of our especial grace, certain knowledge, and consideration, have, in pursuance and by virtue of the said act of parliament, thought fit to grant, direct, order, and appoint, and by these presents do, accordingly for us, our heirs and successors, grant, direct, order, and appoint that there shall be within that part of our colony of New South Wales called Van Diemen's Land a court which shall be called "The Supreme Court of Van Diemen's Land." And we do hereby create, direct, and constitute the said Supreme Court of Van Diemen's Land to be a Court of Record. And we do further will, ordain, and appoint that the said Supreme Court of Van Diemen's Land shall consist of, and be holden by, and before one judge, who shall be called the Chief Justice of the Supreme Court at Van Diemen's Land, which Chief Justice shall be a barrister in England or Ireland, 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; and every Chief Justice to be appointed after the date of these presents shall be of no less than five years standing at the bar. And we do hereby give and grant to our said Chief Justice rank and precedence above and before all our subjects whomsoever within the island of Van Diemen's Land aforesaid, and the islands, territories, and places dependent thereupon, excepting the governor, lieutenant-governor, or acting-governor for the time being of the said island, and excepting all such persons as by law or usage in England take place before our Chief Justice of our Court of King's Bench. And we do further grant, ordain, and appoint that the