48 



British Settlement at 



colony, to be from time to time appointed by the Governor ; and 

 they have full power to hear and determine, io a summary way, 

 all manner of personal pleas whatsoever they have also full 

 power to grant probates of wills, and administration of the per- 

 sonal estates of intestates dying within the settlement ; and if 

 either party find him, her, or themselves aggrieved by any judg- 

 ment or decree given or pronounced by the said Court, he, she, 

 or they, shall and may appeal to the Governor ; or in case of his 

 absence or death, to the Lieutenant Governor ; and if any party 

 shall find him, her, or themselves, aggrieved by the judgment or 

 determination of the said Governor, in any case where the debt 

 or thing in demand shall exceed the value of 300Z. such party so 

 aggrieved may appeal to tiie King in Council. An allowance 

 to be fixed at the discretion of the Court, is to be made by all 

 complainants, at whose suit any person shall be imprisoned, to 

 such defendants, provided such defendant make oath that he has 

 no estate or effect sufficient to maintain himself. It is in evi- 

 dence that this allowance has been fixed at 6d, per day^, which 

 is not more in value than 4d. in this country. It appears also, 

 that DO convict can, during the time of his servitude, sue or be 

 sued in these courts, or suffer imprisonment for any debt in- 

 curred by him. By the same commission, a Court of Criminal 

 Jurisdiction is established, upon the authority of the Act 27 

 Geo. III. c. 2. It Is a court of record, with all such powers as 

 are incident to courts of record in England : it consists of the 

 Judge Advocate and six officers of the sea and land service, to be 

 convened from time to time by precept, under the hand and seal 

 of the Governor, with power (having taken the oaths directed in 

 the commission) to hear and determine all crimes committed 

 within the settlement, and to cause punishment to be inflicted 

 according to the laws of England, as nearly as may be, con- 

 jsidering and allowing for the circumstances and situation of the 

 place and settlement aforesaid, and the inhabitants thereof. The 

 verdict to be by the opinion of the major part of the court : if 

 the offence be capital, the court may pronounce judgment of 

 death, or of any punishment not amounting to death, wWch to 

 the court shall seem meet. But unless five of the persons 

 sitting in the court shall concur in the verdict, execution of any 

 judgment of death shall not be had or done until the proceedings 

 shall have been transmitted to this cor.ntry, and the pleasure of 

 the King had thereon ; and in no capital case is the sentence to 

 be executed without the consent of the Governor, who has 

 power to suspend such execution until he have the direction of 

 his Majesty. Your committee have to observe, that all the evi- 

 dence examined on the subject, unequivocally condemns the 

 manner in v.hich the criminal courts are thus established, 

 Goveriior Bligh having stated that they consisted principally of 



3 



