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A Narrative of the Expedition to Botany-Bay

Chapter 6 No.6

Word Count: 1792    |    Released on: 01/12/2017

e Settlement, in form. With an Account of the Courts of Law

he territory of New South Wales, and its dependencies; together with the Act of Parliament for establishing trials by law within the same; and the patents under the Great Seal of Great Britain, for holding the civil and criminal courts of judicature, by which all cases of life and death, as well as matters of property, were to be decided. When the Judge Advocate had finished reading, his Excellency addressed himself to the convicts in a pointed and judicious speech, informing them of his future intentions, which were, invariably to cherish and render happy those who shewed a disposition to amendment; and to

ent of New Holland. It commences again at 135th degree of longitude east of Greenwich, and, proceeding in an easterly direction, includes all islands within the limits of the above specified latitudes in the Pacific Oc

out, similar to the assizes and gaol deliveries of England, the duration of imprisonment is altogether in his hands. The power of summoning General Courts Martial to meet he is also invested with, but the insertion in the marine mutiny act, of a smaller number of officers than thirtee

ed," and even in these, has authority to stay the execution of the law, until the King's pleasure shall be signified. In case of the Governor'

s with infinite regret that every one saw, in four clays afterwards, the necessity of assembling a Criminal Court, which was accordi

uestion of Guilty, or Not guilty, put. No law officer on the side of the crown being appointed, (for I presume the head of the court ought hardly to consider himself in that light, notwithstanding the title he bears) to prosecute the criminal is left entirely to the party, at whose suit he is tried. All the witnesses are examined on oath, and the decision is directed to be given according to the laws of England, "or as nearly as may be, allowing for the circumstances and situation of the settlement," by a majority of votes, beginning with the youngest member, and ending with the president of the court. In cases, however, of a capital nature, no verdict can be giv

th the mode of administering justice in the English courts of law, it will be found to differ in many points very essentially. And if we turn our eyes to the usage of military tribunals, it

anner, for which he was sentenced to receive one hundred and fifty lashes, being a smaller punishment than a soldier in a like case would have suffered from the judgement of a court martial. A second, for having committe

ere detected in stealing a large quantity of provisions at the time of issuing them. And on being apprehended, one of the tools of the superiors impeached the rest, and disclosed the scheme. The trial came on the 28th of the month, and of four who were arraigned for the offence, three were condemned to die, and the fourth to receive a very severe corporal punishment. In hopes that his lenity would not be abused, his Excellency was, however, pleased to order one only for execution, which took place a little before sun-set the sam

empowered to decide all law suits, and its verdict is final, except where the sum in dispute amounts to more than three hundred pounds, in which case an appeal to England can be made

nor had instructions from the ministry to take possession of. Lieut. King of the Sirius was sent as superintendent and commandant of this place, and carried with him a surgeon, a midshipman, a sawyer

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