i 9 2 A COLONIAL AUTOCRACY. 



He proposed to "divide the labour" and establish two- 

 courts, the Supreme Court and the Governor's Court. In the 

 latter the Judge-Advocate would preside and the court be con- 

 stituted "as the Civil Court of Judicature now appears to be". 1 

 It was to take cognisance only of cases in which the amount at 

 issue was below .50. A similar court was to be established 

 at Van Diemen's Land, presided over by a Deputy Judge- 

 Advocate. 



The Supreme Court was to consist of a Chief Judge and two- 

 magistrates appointed by precept by the Governor. This Court 

 was to have an equity jurisdiction as well as cognisance of all 

 civil cases in which the amount at issue was over 50. 



Procedure in the Governor's Court was to be summary and 

 subject to regulations drawn up by the Judge-Advocate. In. 

 the Supreme Court solicitors were to be employed on either 

 side, and for this purpose the Government would encourage 

 their emigration. The rules of this court and the fees of both 

 were to receive the Governor's approval before publication. No 

 appeals were to be entertained against the decisions of the Gover- 

 nor's Court and the judgment of the majority was to be final. 

 From the Supreme Court appeals might go to the Governor, 

 who was to be assisted by the Judge- Advocate. If the amount 

 concerned were over .3,000, an appeal might be taken from the 

 Governor to the Privy Council. There were also to be safe- 

 guards with respect to majority decisions in this court. If the 

 Chief Judge were in the majority, the decision was to be bind- 

 ing. If he were in the minority, and protested against the de- 

 cision, the protest was to be duly recorded, and appeal might 

 then be made to the Governor, who would, as in other appeals, 

 be assisted by the Judge-Advocate. 



The Criminal Court was to be left unaltered, and the Court 

 at Sydney to continue the administration of criminal justice for 

 Van Diemen's Land, a settlement six hundred miles away. 



In refusing to accept the recommendations of Macquarie, 

 Bent, Bligh, Hunter (both ex-Governors) and the colonists ex- 

 amined by the Committee on Transportation in favour of petty 



1 He was not quite accurate. The Civil Court in 1812 consisted of the Judge- 

 Advocate and two magistrates. The Governor's Court consisted of the Judge-Ad- 

 vocate and two respectable inhabitants. 



