Читать книгу The English Colony in New South Wales (Vol. 1&2). Narrative of the British First Settlement in Australia 1788-1801 онлайн

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The resemblance of this to the military courts may be easily traced in some particulars. The criminal court is assembled, not at stated times, but whenever occasion may require. It is composed of military officers (the judge-advocate excepted, whose situation is of a civil nature) who assemble as such in their military habits, with the insignia of duty, the sash and the sword. Their judgments are to be determined by the majority; and the examination of the witnesses is carried on by the members of the court, as well as by the judge-advocate. But in other respects it differs from the military courts. The judge-advocate is the judge or president of the court; he frames and exhibits the charge against the prisoner, has a vote in the court, and is sworn, like the members of it, well and truly to try and to make true deliverance between the king and the prisoner, and give a verdict according to the evidence.

When the state of the colony and the nature of its inhabitants are considered, it must be agreed, that the administration of public justice could not have been placed with so much propriety in any other hands. 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.