Page:George McCall Theal, History of South Africa from 1795 to 1872, Volume 1 (4th ed, 1915).djvu/57

1798] exception, however, was made with regard to commerce with places east of the Cape of Good Hope, which could only be carried on by the English East India Company, or with its license.

No changes were made in any of the public institutions except the courts of justice. The old high court, the burgher members of which were unpaid during the administration of the Dutch East India Company, as were also the former official members after the British occupation, in October 1795, on being called upon to continue its duties, petitioned General Craig to attach salaries to the offices of the judges. The request was regarded as reasonable by the English ministry, but it was considered that the number of members could be considerably reduced without detriment to the efficiency of the court. Persons holding other situations in the civil service were to be eligible as judges, at the discretion of the governor. The high court was now reduced to a president and seven members, five of whom were to form a quorum. The president—who was the senior member—received a salary of £400 a year, the three members next in order of seniority received each £200 a year, and the four junior members each £100 a year, payable in paper money at the rate of five rixdollars to the pound sterling. In civil cases, when the amount in dispute was over £200, there was an appeal to a court consisting of the governor and lieutenant-governor; and, when the amount in dispute was over £500, there was a final appeal to the king in council.

The powers of the minor courts to adjudicate in civil cases were enlarged: the court of commissioners for petty cases in Capetown to sums not exceeding £40, the courts of landdrost and heemraden of Stellenbosch and Swellendam to sums not exceeding £30, and the court of landdrost and heemraden of Graaff-Reinet, on account of the great distance from the seat of government, to sums not exceeding £66 13s. 4d.