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.

There are at present no public amusements in this colony.  Many years since, there was a theatre, and more latterly, annual races; but it was found that the society was not sufficiently mature for such establishments.  Dinner and supper parties are very frequent in Sydney; and it generally happens that a few subscription balls take place in the course of the year.  Upon the whole it may be safely asserted, that the natural disposition of the people to sociality has not only been in no wise impaired by their change of scene, but that all classes of the colonists are more hospitable than persons of similar means in this country.

There are four courts in this colony, established by charter, viz. the Court of Admiralty, the Court of Criminal Judicature, the Governor’s Court, the Supreme Court, and the High Court of Appeals.

The Court of Vice Admiralty consists of the Judge Advocate, and takes cognizance of captures, salvages, and such other matters of dispute as arise on the high seas; but it has no criminal jurisdiction.

The Court of Criminal Judicature, consists of the Judge Advocate and six officers of His Majesty’s sea and land forces, or of either, appointed by the governor.  This court takes cognizance of all treasons, felonies, misdemeanors, and in fact of all criminal offences whatsoever; and afterwards adjudges death or such other punishment as the law of England may have affixed to the respective crimes of which the prisoners may be found guilty.

The Governor’s Court consists of the Judge Advocate and two inhabitants of the colony, appointed by precept from the governor, and takes cognizance of all pleas where the amount sued for does not exceed L50 sterling, (except such pleas as may arise between party and party at Van Dieman’s Land) and from its decisions there is no appeal.

The Supreme Court is composed of the judge of this court and two magistrates, appointed by precept from the governor; and its jurisdiction extends to all pleas where the matter in dispute exceeds L50 sterling.  From its judgments, however, appeals lie to the High Court of Appeals.

This latter court is presided by the governor himself, assisted by the Judge Advocate; and its decisions are final in all cases where the amount sued for does not exceed three thousand pounds; but where the sum at issue exceeds this amount, an appeal lies in the last instance to the king in council.

These courts regulate their decisions by the law of England, and take no notice whatever of the laws and regulations which have been made at various times by the local government.  The enforcement of these is left entirely to the magistracy, who assemble weekly in the different towns throughout the colony, and take cognizance of all infractions, as well of the colonial as of the criminal code.  The courts thus formed by the magistrates, go by the name of “Benches of Magistrates,” and answer pretty nearly to the “courts of general quarter sessions for the peace,” held in the respective counties of this kingdom; and, generally speaking, they exercise a jurisdiction perfectly similar.

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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.