Page:The three colonies of Australia.djvu/39

 the lieutenant-governor—was authorised, whenever, and only when, he saw fit, to summon a court of criminal jurisdiction, which was to be a court of record, and to consist of the judge-advocate, and six such officers of the sea or land service as the governor should nominate by presents under hand and seal. This court was empowered to inquire into and punish all crimes of whatever nature; the punishment to be inflicted according to the laws of England, as nearly as might be, considering and allowing for the circumstances and situations of the settlement and its inhabitants; the charge to be reduced to writing; witnesses to be examined upon oath; the sentence of the court to be determined by the opinion of the majority; but the punishment not to be inflicted unless five members of the court concurred, until the king's pleasure should be known; the provost-marshal to cause the judgment under the governor's warrant.

In this court the judge-advocate was president (there was no provision that he should be a man of legal education); he was also to frame and exhibit the charge against the prisoner, to have a vote in the court, and to be sworn like members of it. The military officers were to appear in the insignia of duty—sash and sword; they had the right to examine witnesses as well as the judge-advocate; he alone centred in his person the offices of prosecutor, judge, and jury.

There was also a civil court, consisting of the judge-advocate and two inhabitants of the settlement, who were to be appointed by the governor, "empowered to decide, in a summary manner, all pleas of lands, houses, debts, contracts, and all personal pleas, with authority to summon parties, upon complaint being made, to examine the matter of such complaint by the oath of witnesses, and to issue warrants of execution under the hand and seal of the judge-advocate." From this court an appeal might be made to the governor, and from him (where the property exceeded the value of three hundred pounds) to the king in council. To this court was likewise given authority to grant probates of wills, and administration of the personal estates of intestate persons dying within the settlement.

A vice-admiralty court was also established for the trial of offences committed on the high seas. The governor was captain-general and vice-admiral, with authority to hold general courts-martial, to confirm and set aside sentences.

Powers equal to those of the first governor of New South Wales, if held, have never been exercised by any other official in the British dominions. He could sentence to five hundred lashes, fine five hundred pounds, regulate customs and trade, fix prices and wages, remit capital