Page:History of New South Wales from the records, Volume 1.djvu/322

 212 THE COURTS OF LAW. Practice. The parties being before the Court, the first stage in the proceedings was to swear its members. The Judge- Advo- cate administered an oath to each of the officers that he would ^^ well and truly try the several issues brought before him, and give true judgment according to the evidence." The officers having been duly sworn, one of them then administered the same oath to the Judge- Advocate, and witnessee. the busiucss proceeded. Witnesses on either side — ^parties to the cause were not then competent witnesses in English Courts — ^were duly sworn and examined, their evidence taken in writing and signed by them. The Court then gave judg- ment " according to justice and right *'; the judgment being followed by a warrant of execution, if necessary, against the defendant's goods and chattels. Where there was no Imprison. Sufficient distress, the defendant could be imprisoned until debt ^ the debt and costs were satisfied. But in that case, if the defendant made oath that he had no means of maintaining himself in prison, the complainant had to provide mainten- ance for him according to the order of the Court ; and if the amount was not paid for one week, the debtor was dis- charged, such discharge from prison being also a discharge from the debt. If, on the other hand, the defendant gained the case, he had similar remedies for the recovery of costs. Appeal. Either party who might find himself aggrieved by the judgment had a right of appeal to the Governor, who was empowered to issue the necessary process. Where the amount involved exceeded £300, the unsuccessful appellant might go to a higher tribunal, by appeal to the Privy Coun- cil. But no appeal could lie unless proceedings for the purpose were taken within eight days from the date of the judgment of the Judge-Advocate's Court, or fourteen days from that of the Governor's. Having regard to the state of the colony, the provisions for appeal were extremely liberal. The The Court of Criminal Jurisdiction — ^which also exercised Criminal -,. . t Court. unlimited powers — ^was convened by a precept or warrant issued by the Governor under his hand and seal at any time Digitized by Google