The
outward form of the court, as well as the more essential part of it, are
admirably calculated to meet the characters and disposition of the people
who form the major part of the settlement. As long confinement would be
attended with a loss of labour, and other evils, the court is assembled
within a day or two after the apprehension of any prisoner whose crime is
of such magnitude as to call for a criminal proceeding against him. He is
brought before a court composed of a judge and six men of honour, who
hear the evidence both for and against him, and determine whether the
crime exhibited be or be not made out; and his punishment, if found
guilty, 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.
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