Undisturbed by objections the crown, by the patents and commissions of
1814, separated the criminal jurisdiction from the civil, and created a
supreme court, which adopted the English practice. By the new patent, an
appeal was permitted from the supreme court to the "High Court of
Appeals," consisting of the governor and the judge advocate; and, except
when L3,000 were in issue, his judgment was final![106] To both these
tribunals the Tasmanians were amenable; but in civil cases the
appointment (1814) of a local court under the deputy judge advocate,
terminated the absolute dependence on Port Jackson for judicial relief.
Plaints for debts not exceeding L50 were entertained by this court, and
creditors contrived to bring their claims within its jurisdiction, by
dividing the amount into bills of L50. This evasion of the law, although
it defeated the intention of a superior court and lessened its business,
was useful to both parties; it decreased the difficulty and expenses of
suits. It was more equitable in its operation than the supreme court:
the owner of a vessel could carry up his own witnesses to Sydney, and at
the termination of a trial convey them home without delay; but the less
opulent debtor or creditor found himself practically excluded from
redress.
Mr. Judge Abbot was, however, not eager to assume his office, and it was
not until 1816 that he commenced operations. The accumulation of debts
must have been great, for at his first session fourteen hundred plaints
were entered: nor did he exhaust the suitors by delay, for eleven
hundred were disposed of during that year. Two inhabitants, chosen by
the governor sat as assessors; and being known, and knowing all parties,
they often discussed in private beforehand the causes awaiting their
verdict![107]
Public-domain text, read in full here on John Shaqi.
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