(6)

contrary; any such order may extend to the whole Colony, or may be restricted to
any part thereof, as to the Court shall seem fit.

Sheriff.
18. His Excellency the Governor shall, by Warrant under his hand, appoint
provisionally, subject to Her Majesty's confirmation, fit persons to be Sheriffs of the
several Counties or Districts, as the case may be, of the Colony, who shall be
removable by the Governor, on reasonable cause: Provided that no Sheriff shall be
in any way concerned in the conduct of any suit in any Court, either as Barrister,
Solicitor, or Agent.

• Oath.

19. The Sheriff's shall upon appointment take an oath before a Judge of the
    Supreme Court, or some person specially appointed by such Judge, in the form in the
    Schedale hereunto annexed, faithfully to execute the duties of their office.

Duties.
20. The Sheriff's shall bear such power and privileges only, and such duties and
responsibilities only, as a Sheriff by law hath or is liable to in England as a Ministerial
Officer of one of Her Majesty's Superior Courts of Westminster.

Process when
Sheriff disqual-
ified.
21. Whenever any process shall issue which the Sheriff ought not by law to
execute, the Court shall appoint some other fit person to execute the same; and in
every such case the cause of such special proceeding shall be entered upon the Records
of the Court.

IV.—PRACTICE OF THE COURT.

Trial by Jury.
22. All questions of fact upon which issue shall be taken in the course of any
proceeding before the Court, and all questions of idiotcy, lunacy, or unsoundness of
mind, shall be decided by a verdict of a Jury of twelve men.

Circuits.
23. There shall be holden Circuit Courts for the dispatch of civil and criminal
business of the Court, before one of the Judges thereof, at such places and at such
times as His Excellency the Governor shall, with the advice of the Executive Council,
by Proclamation from time to time appoint,

Powers of
Judge on Cir-
cuit
24. It shall be lawful for a single Judge of the Court on Circuit, or otherwise,
to hear and determine all cases of crimes and misdemeanors committed within the
District, and any issues of fact joined in any action or proceeding in the Supreme
Court, and to exercise all such powers in respect of the persons and Estates of infants,
idiots, lunatics, and persons of unsound mind, as are hereinbefore given to the
Supreme Court, and to exercise all such powers and jurisdiction as Courts of Oyer
and Terminer and Gaol Delivery and Assizes and Nisi Prius have in England.

Rules for Prac-
tice.
25. It shall be lawful for the Judges of the Court from time to time to make
Rules for regulating the time and place of holding the Court, and the practice and
pleadings upon all indictments, informations, suits, and other proceedings therein,
the proceedings of the Sheriff and other Ministerial Officers, the admission of Bar-
risters and Solicitors, the fees and poundage to be paid to any Officer, costs of suit
and the taxing thereof, and all matters relating to the business of the Court, and such
Rules from time to time to alter or revoke: Provided that the same shall not be
repugnant to any of the provisions hereinbefore contained.

Their force and
effect.
26. The Rules to be made under the authority aforesaid shall be submitted to
the Governor in Council, and upon being approved shall have the same force and
effect as if they had been inserted herein, until the termination of the sitting of the
Legislative Council first following their approval by the Governor in Council.

Fee Fund.
27. All fees received by the Registrars, as well as those received by the inferior
Officers of the Court, shall be accounted for quarterly to the Colonial Treasurer, and
shall form a fund to be called the "Fee Fund," to be chargeable with the Salaries
of all the Officers of the Court.

Proceedings
pending.
28. All proceedings which have been commenced in the Supreme Court under
the authority of the Supreme Court Ordinance, Session 2, No. 1, and which are still
pending and incomplete, shall continue in as full force and effect as if the same had
been commenced under the authority hereof.

SCHEDULE REFERRED TO.—FORM OF OATH.

I, A. B., do swear, that I will truly and faithfully, and to the best and utmost of
my skill and knowledge, discharge the duties of (Judge of the Supreme Court, or
Sheriff, as the case may be,) without fear, favor, or malice. So help me God.