lty, is adjudged according to the laws of England, considering and
allowing for the situation and circumstances of the settlement and its
inhabitants; which punishment, however, after all, cannot be inflicted
without the ratification of the governor under his hand and seal.
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
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