THE ADMINISTRATIVE PROBLEM. 69 



The magistrates were the pivot on which the administrative 

 organisation of the settlement turned. They not only con- 

 ducted the business "usually transacted by Justices of the 

 Peace in England," 1 but were constantly engaged in enforcing 

 order and discipline amongst the convicts. They gradually 

 took over from the Civil Court all processes for the recovery 

 of small debts. A Proclamation of July, 1810, laid down a 

 summary procedure for such suits, and fixed a schedule of fees 

 ranging from threepence to two shillings and sixpence. An 

 Act of 1813 enabled debts to be proved on oath before a chief 

 magistrate either by a private individual or the Crown, and 

 also made provision for levying distress. 2 Finally in 1820 a 

 Proclamation issued by the Governor conferred on the magis- 

 trates the jurisdiction given them in England by 20 Car. II., cap. 

 19, over questions arising upon wages or contracts for labour 

 in husbandry under the sum of ten pounds. 3 They had in 

 addition to all these duties the general supervision of their 

 districts. 4 



Their most onerous tasks were those connected with the 

 convict system. "All complaints either of neglect of duty or 

 of ill-treatment on the part of Government men or their em- 

 ployers are to be made to the district magistrate, whose duty it 

 will be to punish and redress mutually the ill-behaved and 

 injured party." 5 They also investigated all complaints 

 brought before them by gaolers and superintendents, and exer- 

 cised over the convicts what would in the case of free men 

 have been a criminal jurisdiction. 6 



No magistrate could order any punishment without ex- 

 amination on oath unless he actually saw an act of neglect, 

 disorderliness or insubordination committed. 7 In no case 



1 Ellis Bent to Bathurst, ist July, 1815. R.O., MS. 



2 57 Geo. III., cap. 15. An Act for the more easy recovery of debts in His 

 Majesty's Colony of New South Wales. 



3 S.G., 5th February, 1820. See Wylde's Evidence, Appendix to Bigge's 

 Reports, K.O., MS., and Bigge's Report, II. Both considered that the magis- 

 trates strained the meaning of the Act and were too ready to go outside the 

 proper sphere of their jurisdiction. 



4 e.g., Marsden was expected to supervise the asylum at Castle Hill in the 

 Parramatta district. 



5 G.G.O., loth September, 1814. 



6 See, e.g., Bigge's Report, I. He thought this a wise arrangement. 



7 See Hunter's Evidence, C. on T., 1812. 



