Statistical, Historical and Political Description of the Colony of New South Wales and its Dependent Settlements in Van Diemen's Land eBook

William Wentworth
This eBook from the Gutenberg Project consists of approximately 352 pages of information about Statistical, Historical and Political Description of the Colony of New South Wales and its Dependent Settlements in Van Diemen's Land.

Statistical, Historical and Political Description of the Colony of New South Wales and its Dependent Settlements in Van Diemen's Land eBook

William Wentworth
This eBook from the Gutenberg Project consists of approximately 352 pages of information about Statistical, Historical and Political Description of the Colony of New South Wales and its Dependent Settlements in Van Diemen's Land.
to similar courts in this country, and in some respects it might be advisable that they should be vested with a still more extensive authority.  In the settlements in Van Diemen’s Land I am of opinion that no appeal should be allowed from the decisions of the court of assize to the supreme court at Sydney, unless the verdict should exceed three hundred pounds; but it would of course be proper that the judges of this court should possess the power of granting new trials, on the same grounds on which such are accorded in this country.  In judgments, however, for more than the above sum an appeal to the supreme court should be admitted.

With respect to the civil jurisdiction of the courts of assize in the various districts belonging to Port Jackson, I think it ought to be considerably curtailed, and that their decision should not be final in any instance whatever; because the removal of causes to the supreme court would be attended with a comparatively trifling expense and inconvenience to the parties.  From the judgment of this latter court itself, I am of opinion that an appeal should lie in all causes where the damages might be estimated at more than one thousand pounds to the high court of appeals, and that its decisions should be conclusive in all pleas under the amount of three thousand pounds; but where the matter in dispute exceeded this sum, that an appeal should lie en dernier resort to the king in council.  If to these courts were added a court of admiralty, possessing both a civil and criminal jurisdiction, the system of jurisprudence would be quite adequate to all the present necessities of the colony; justice would be brought home to the doors of all his Majesty’s subjects in these remote and extended settlements; the delay and expence now attendant on civil and criminal prosecutions, would be in a great measure obviated; and the loyal and industrious would be effectually protected, both from the secret depredations of the midnight plunderer, and from the open dishonesty of the unprincipled debtor:  hundreds of indolent and profligate persons who now prey in one way or the other on the hard earned savings of thrift and frugality, would be compelled to resort to the pursuits of industry for a subsistence; vice and immorality would be checked, and the wealth, happiness, and virtue of the community at large rapidly flourish and expand.

Of all the changes or modifications which I have thus ventured to recommend in the polity of this colony, the creation of a council, the appointment of a colonial secretary, and these alterations in the system of its jurisprudence, are the only measures which would be attended with an increase of expence.  The establishment of a house of assembly, might of course be effected without any cost whatever, and even the remodelling of the courts of justice would be productive of but a very trifling addition to the scale of the civil establishment.  The three judges who at present preside in the various courts, might be transferred

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Statistical, Historical and Political Description of the Colony of New South Wales and its Dependent Settlements in Van Diemen's Land from Project Gutenberg. Public domain.