An Account of the English Colony in New South Wales, Volume 1: With Remarks on the Dispositions, Customs, Manners, Etc. of The; Native Inhabitants of That Country. to Which Are Added, Some; Particulars of New Zealand; Compiled, By Permission, From; The Mss. of Lieutenant-Governor King.Collins, David
History
An Account of the English Colony in New South Wales, Volume 1: With Remarks on the Dispositions, Customs, Manners, Etc. of The; Native Inhabitants of That Country. to Which Are Added, Some; Particulars of New Zealand; Compiled, By Permission, From; The Mss. of Lieutenant-Governor King.
Collins, David
New South Wales -- Description and travel
Beside this court for the trial of criminal offenders, there is a civil
court, consisting of the judge-advocate and two inhabitants of the
settlement, who are to be appointed by the governor; which court has full
power to hear and determine in a summary way all pleas of lands, houses,
debts, contracts, and all personal pleas whatsoever, with authority to
summon the parties upon complaint being made, to examine the matter of
such complaint by the oaths of witnesses, and to issue warrants of
execution under the hand and seal of the judge-advocate. From this court,
on either party, plaintiff or defendant, finding himself or themselves
aggrieved by the judgment or decree, an appeal lies to the governor, and
from him, where the debt or thing in demand shall exceed the value of
three hundred pounds, to the king in council: but these appeals must be
put in, if from the civil court, within eight days, and if from the
governor or superior court, within fourteen days after pronouncing the
said judgments.
To this court is likewise given authority to grant probates of wills and
administration of the personal estates of intestates dying within the
settlement. But as property must be acquired in the country before its
rights can come into question, few occasions of assembling this court can
occur for many years.
In addition to these courts for the trial of crimes, and the cognisance
of civil suits, the governor, the lieutenant-governor, and the
judge-advocate for the time being, are by his Majesty's letters patent
constituted justices for the preservation of the peace of the settlement,
with the same power that justices of the peace have in England within
their respective jurisdictions. And the governor, being enabled by his
Majesty's commission, soon after our arrival, caused Augustus Alt esq.
(the surveyor-general of the territory) to be sworn a justice of the
peace, for the purpose of sitting once a week, or oftener as occasion
might require, with the judge-advocate, to examine all offences committed
by the convicts, and determine on and punish such as were not of
sufficient importance for trial by the criminal court.
There is also a vice-admiralty court for the trial of offences committed
upon the high seas, of which the lieutenant-governor is constituted the
judge, Mr. Andrew Miller the registrar, and Mr. Henry Brewer the
marshall. The governor has, beside that of captain-general, a commission
constituting him vice-admiral of the territory; and another vesting him
with authority to hold* general courts-martial, and to confirm or set
aside the sentence. The major-commandant of the detachment had the usual
power of assembling regimental or battalion courts-martial for the trial
of offences committed by the soldiers under his command.
[* Captain Collins, the judge-advocate of the settlement, had also a
warrant from the Admiralty appointing him judge-advocate to the marine
detachment.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account