Page:History of New South Wales from the records, Volume 1.djvu/321

 211 THE COURTS OF LAW. The Letters Patent by which the Courts of Law were estab- lished in the colony, under the autbority of the Act of Par- liament passed in 1787, created a system of judicature of An original a wholly novel description. Three Courts were thus insti- '^ ™' tuted: a Court of Civil Jurisdiction, composed of the Judge- Advocate and two persons appointed by the Governor ; a Court of Criminal Jurisdiction, composed of the Judge- Advocate and six officers, naval or military ; and a Court of Vice-Admiralty, composed of seven Commissioners selected from the civil service as well as the naval and mili- tary. The jurisdiction conferred upon each of these tribunals was practically unlimited. The Civil Court was empowered to hear and determine, in a summary way, actions relating to lands and houses, The ciii actions of debt and contract, actions of trespass, '' and all manner of other personal pleas whatsoever." No limit was placed to the pecuniary amount involved, and no exception was made as to any special class of actions ; nor was any distinction recognised between Common Law and Equity. The process was simple. On a complaint in writing made Procedure, by the plaintiff, the Judge- Advocate issued a warrant under his hand and seal directed to the Provost-Marshal, stating the substance of the complaint, and requiring him to sum- mon the defendant to appear. If the amount in dispute exceeded £10, the officer was directed to bring the defendant personally into Court or take bail for his appearance ; the defendant being further required to find security for the satisfaction of any judgment that might be given against him. Digitized by Google