350 



The barracks. Municipal 

 regulations. 



CAPE OF GOOD HOPE. 



Taxes. 



very of their health, and in a measure supplied the 

 deficiency in this respect. The offices for the 

 transaction of government business are in the im- 

 mediate neighbourhood of the government-house, 

 and within the precincts is also a college for the 

 education of the youths of the colony; it has several 

 professors, but I understood all those who desire to 

 have their children well educated send them to 

 England. 



The barracks are extensive, and well built, and 

 have a large area in front as a parade-ground. 

 There are several other buildings going up, for the 

 accommodation of the troops, and hospitals for the 

 sick, all handsome and well situated. I regret to 

 say that as much cannot be said for the town prison, 

 nor for the buildings appropriated to the police de- 

 partment, custom-house, and harbour-master's de- 

 partment: all these bear the marks of what Cape 

 Town was, and stand in strong contrast to the 

 modern improvements. 



Formerly the municipal government of Cape 

 Town consisted of a president, four members, the 

 town treasurer, and a secretary. The president 

 was elected for two years, and was succeeded by 

 the senior member of the board. This board was 

 dissolved, apparently for no sufficient reason, for 

 every one was satisfied with its usefulness in con- 

 trolling the various duties appertaining to a cor- 

 porate body. 



The town is now divided into twelve districts, 

 and each district into four wards, over each of 

 which there is a commissioner, and four ward- 

 masters, chosen by the people. The first form the 

 upper board, and the last the lower, and each have 

 a chairman and deputy chairman, who, among 

 other duties, act as appraisers of property, on 

 which the taxes are assessed equal to three-quarter 

 pence in the pound. By the statistical tables pub- 

 lished, it appears that the valuation of property of 

 Cape Town reaches the sum of one million six 

 hundred and thirty-six thousand pounds. 



The municipal regulations now seem to be 

 excellent, and are more or less under military 

 control. The police has been organized on the 

 plan of the police of London, and its efficiency is 

 highly spoken of. From all the information I 

 could gather, crime has very much decreased in 

 both the Cape district and colony. The statistics 

 of crime show but few cases. The quarterly sitting 

 o the grand jury took place during our visit, and 

 there were but six presentments, viz., one for cul- 

 pable homicide, two assaults with intent to harm, 

 one robbery, one theft, or receiving stolen goods, 

 and one fraudulent insolvency; and this within a 

 district containing fifty thousand inhabitants. 



There are great complaints about the adminis- 

 tration of the laws of the colony ; the English 

 system now prevails so far as to allow counsel to 

 the criminal. The trial by jury is established; 

 seven of the twelve must be present, and it re- 

 quires a majority of these only to convict; if more 

 than seven are present, and the jury are divided 

 equally, the prisoner is acquitted. The Dutch 

 criminal code formerly in force has been modified 

 by the English, so far as respects some punish- 

 ments; torture, for instance, has been done away 

 with. The crimes of murder, high treason, coun- 

 terfeiting, and rape, are punished with death ; thefts 

 of large amount, assault, robbery, and the like, are 

 punished by transportation; while, for other and 



minor crimes, the prisoners are employed as con- 

 victs on Robben's Island, working in the quarries; 

 for less offences, flogging and imprisonment are 

 inflicted. 



On the other hand, the English civil law has 

 been modified by that of the Dutch: this has in- 

 creased litigation, in consequence of the absurd 

 manner in which boundaries were formerly laid 

 off; such, for instance, as estimating by the dis- 

 tance a man could walk in an hour, or canter with 

 his horse. 



Another source of complaint, which amused me 

 not a little, was the administration of justice by a 

 supreme court, over which a chief justice and two 

 puisne judges preside; two of these are English, 

 while the third is a Scotchman; the consequence 

 is, the English judges administer the law after the 

 English code, while the Scotch judge follows that 

 of Scotland, which often renders the decision dia- 

 metrically opposite: and it is impossible for the 

 advocate or client to know by what judge or law 

 his case is to be tried. It was said, I know not 

 with what truth, that high connexions have been 

 considered more suitable qualifications for the 

 office than legal knowledge. The salaries do not 

 exceed fifteen hundred and two thousand pounds 

 annually. 



There are in the Cape colony eight districts. 

 Each of these is governed by a commissioner or 

 civil magistrate, who is assisted by justices of the 

 peace. These districts are again subdivided into 

 veld cornetcies. The cornetcies are governed by a 

 petty magistrate, who is called a veld cornet. 

 These extend over a distance of about twenty 

 miles, and under him is organized the militia 

 force, in case it should be called out. It is the 

 duty of the latter to meet the requisitions of the 

 higher government officers for supplies, &c. There 

 is little liberty allowed the inhabitants of the dis- 

 tricts, who are restricted from all acts that might 

 in any way tend to give expression to their senti- 

 ments; not even are they allowed to hold a public 

 meeting, and all kinds of prosecutions are referred 

 to the capital for final decision. At the Cape they 

 have a vice-admiralty court for the trial of offences 

 on the high seas. The commissioner of the dis- 

 trict, and others holding office, are appointed under 

 the great seal, who are each empowered to grant 

 licenses of marriage, and do other civil acts, and 

 have associated with them the justices of peace, 

 as well as the veld cornets. 



The taxes are represented as being onerous; 

 there is, for instance, a capitation tax of six shil- 

 lings annually, on all free males and females, above 

 the age of sixteen. Those in the employ of the 

 government are exempt, as well as the servants 

 attendant on them. Horses and carriages of all 

 kinds are taxed from two to four pounds. There 

 is a tax on all incomes exceeding thirty pounds, of 

 two per cent. ; in addition to these are the stamp 

 duties, water taxes, house taxes, auction duties, 

 market duties, tithes on wine and grain, in short, 

 on every thing that is sold; all papers executed, 

 transfers of property, promissory notes, bonds, 

 and licenses of all kinds; indeed, it would be diffi- 

 cult to mention any thing exempted from the all- 

 pervading taxation which here prevails. On 

 inquiring the cost of articles, it is invariable to 

 account for the price, by adding that the article is 

 taxed. The people are even taxed for permission 



