Assessor or Assessors one or two Members of the Burgher Senate, as may be requisite to complete the proper number, such assessor or assessors duly taking the Judge's Oath. And Whereas from the increase of Inhabitants and from other circumstances of this settlement it would be useful and beneficial to the same to make some alteration with regard to the other Courts or Boards of Judicature within this Colony, Be it therefore known, and it is hereby published and directed that the Board of Commissioners for petty civil matters is henceforth authorized and empowered to determine Suits amounting to a sum not exceeding two hundred Rixdollars value, and the several country Boards of Landdrost and Heemraden, of Stellenbosch, of Drakenstein, and of Swellendam to determine Suits of one hundred and fifty Rixdollars value, and the Board of Graaff Reinet to continue to determine Suits of 1000 Guilders as usual, and the execution of the sentences or Judgments pronounced by all those Boards respectively is to remain on the same footing as hitherto, and to be enforced accordingly. And Whereas it being His Majesty's pleasure that a Court of Civil Jurisdiction consisting of the Governor together with the Lieutenant-Governor should be erected for the hearing and determining appeals from the Courts of law within this settlement, It is hereby declared that the said Court for hearing and determining appeals is now open, and that all persons are permitted and allowed to bring appeals and prosecute the same before it, provided nevertheless that in all such appeals the sum or value appealed for do exceed the sum of two hundred pounds sterling or 1000 Rixdollars, and that security be first given by the Appellant to answer such charges as shall be awarded in case the first sentence be affirmed; and if either party shall not rest satisfied with the Judgment on appeal, they may then further appeal to the King in Council, provided the sum or value so appealed for to His Majesty do exceed five hundred pounds sterling, or 2500 Rixdollars, and that such appeal be made within fourteen Days after the sentence and good security given by the Appellant that he will effectually prosecute the same and answer the condemnation, as also pay all costs and damages as shall be awarded. In all matters of appeal the Appellant and Respondent shall, twenty-one Days at least before the hearing, furnish the Court of Appeals with briefs and statements of their case in the English language and certified by the Secretary of the Court appealed from that they are true briefs and contain nothing different from what appeared in the proceedings before the said Court. Rec. II. 126. COURT OF APPEAL IN CIVIL CASES. [29 May 1807.] No. 65. Proclamation.-By His Excellency DU PRÉ, Earl of CALEDON, etc. WHEREAS His Majesty has been pleased to direct that a Court of Civil Jurisdiction for hearing and determining Appeals from the Courts of Law within this Settlement, should be erected, and that the said Court should consist of the Governor and Lieut.-Governor, and that in the event of the absence of the Governor or Lieut.-Governor, the full power of hearing and determining Appeals is vested in whichever shall be present: It is hereby declared and made known that the said Court is now open, and that all Persons are henceforth allowed and permitted to bring forward and prosecute Appeals before it; provided nevertheless, that in all such Appeals the Sum or Value appealed for do exceed the Sum or Value of £200 Sterling (or 1000 Rds.) and that Security be first duly given by the Appellant to answer such Charges as shall be awarded, in case the first Sentence be affirmed; and if either party shall not rest satisfied with the Judgment on Appeal a further Appeal may be made to the King in Council, provided the Sum or Value so appealed for unto His Majesty do exceed £500 Sterling (or 2500 Rds.) and that such Appeal be made within fourteen days after sentence, and good Security be given by the Appellant that he will effectually prosecute the same and answer the Condemnation, and also pay such Costs and Damages as shall be awarded. In all matters of Appeal, the Appellant and Respondent shall, twenty-one days at least before the hearing, furnish the Courts of Appeals with Briefs and Statements of their Case in the English Language, and certified by the Secretary of the Court appealed from, that they are true Briefs and contain nothing different from what appeared in the Proceedings before the said Court. Procls., etc., p. 54. COURT OF APPEAL IN CRIMINAL CASES. No. 66. Proclamation.-By His Excellency Du PRÉ, EARL OF WHEREAS His Majesty has been pleased to direct that a Court of Appeals for hearing and determining all Criminal Cases whatever, which are appealable from any and every of the Courts within this Settlement, be forthwith established; that the said Appellate Jurisdiction be vested in the Governor for the time being and such Assessor or Assessors as he may from time to time be pleased to appoint; and that the Sentences pronounced by such Court be final, continuing to the said Governor the right of Pardon and Respite as it now exists: -It is hereby declared and made known that the said Court is now open, and that all Persons may henceforth bring and prosecute Appeals in Criminal Cases in and before the said Court, subject to such orders as may from time to time be made by the said Court, and provided that every such appeal be entered within five days from the date of pronouncing the Sentence or Sentences thereby complained of: And it is further declared and made known that the Sentences given and pronounced by the said Court hereby established, will be final, reserving however, and continuing to the said Governor, the sole right of Pardon and of Respite as it now exists. Procls., etc., p. 88. CIRCUIT COURTS ESTABLISHED. [16 May 1811.] No. 67. WHEREAS the cognizance and punishment of all Crimes and Misdemeanours, and the adjudication of all Civil Suits, in which considerable Property is at stake, must, according to the existing regulations of this extensive Colony, take place at the seat of Government; and whereas the delay which is thus occasioned in Criminal Cases weakens the impression that punishment should produce, whilst in Civil Suits the expense and inconvenience that attaches to those who reside in the interior, frequently prevent the aggrieved from having recourse to the only legal means of redress: Now, as the removal of such inconveniences and obstructions, and the application of a Process, by which Justice may be more speedily administered, must be productive of the most beneficial result, not only as inspiring the Good with an increased confidence in the superintending care of Government, but by intimidating the Wicked, and thus preventing the frequency of Crimes, I have judged it proper to order and direct, that a Commission from the Court of Justice (to which for this purpose two Members shall be added) shall once within each year, or oftener, repair to the most distant Country Districts, and take cognizance of all Cases concerning the Inhabitants of those Districts, the prosecution of which has hitherto been carried on before the Court of Justice; and in order to ensure, as far as possible, the effect of this measure, I have further judged proper to enact and order the following Regulations, viz. : 1. From time to time, of which due notice shall be given, a Commission of two or more Members from the Worshipful the Court of Justice shall proceed through the Districts of Swellendam, George, Uitenhage, Graaff-Reinet, and Tulbagh in order successively in each of the same to administer Justice with the same power and authority as is exercised by the full Court in Cape Town, subject nevertheless to such alterations and modifications as may hereafter be declared. 2. The following Cases shall be heard and determined by this Commission : (a) All Civil Cases occurring in the said Districts, which (d) All Criminal Cases whatsover, with this exception 6. The Governor having fixed upon the time for holding the Sessions, the same shall be notified by Publication of the Court of Justice, which Publication shall be forthwith transmitted to the respective Landdrosts, and by the Landdrosts to the Heemraden, Field-Commandants, and Field-Cornets of their Districts, to be by them made known to the Inhabitants at large. 7. Upon such notification being received, the Field-Cornets shall assemble from each family one Slave or Hottentot, and explain to such Slave or Hottentot the general purpose for which the Commission is about to assemble at the Drostdy. Procls., etc., p. 153. [Etc.] JUDICIAL PROCEEDINGS IN PUBLIC. [25 Sept. 1813.] No. 68. Proclamation.-By His Excellency Lieutenant-General Sir JOHN FRANCIS CRADOCK, etc. WHEREAS the Proceedings before the Worshipful the Court of Justice, with open doors, have, by the 38th Article of their Instructions, been confined to the Pleadings alone in the Full Court; and whereas it has appeared to me, to be of essential utility, as well for the dignity of the Administration of Justice, as towards imprinting on the minds of the Inhabitants of this Colony the confidence" that equal Justice is administered to all in the most certain, most speedy, and least burthensome manner”;—that all Judicial Proceedings should be carried on in open Court, the beneficial effects of which have been more especially confirmed by the result of the publicity, observed in the proceedings of the different Commissions of Circuit in the Country Districts, agreeably to the Proclamation of the 16th May 1811: I have therefore judged proper to order and direct, as I hereby order and direct accordingly, that from the 11th of November next, the day on which the present Vacation ends, not only all the Pleadings, but also all other Proceedings, as well before Commissioners as before the Full Court, shall be carried on with open doors, in the presence and hearing of every person who may think proper to attend. [Etc.] Procls., etc., p. 259. THE CAPE TOWN COURT OF LANDDROST AND HEEMRADEN. [5 April 1816.] No. 69. Proclamation.-By His Excellency General the Right Hon. Lord CHARLES HENRY SOMERSET, etc. WHEREAS by Proclamation of His Excellency the Earl of M'Cartney, then Governor of this Colony, bearing date the 24th July 1797, amongst other matters belonging and appertaining to the Administration of Justice in this Colony, it was declared, enacted, promulgated, and made known, that the Board of Commissioners for Petty Civil Matters was thenceforth authorised and empowered to try and determine all Suits and Questions of Property, amounting to, or valued at, a sum not exceeding Two Hundred Rix-dollars. And whereas great advantage has been found to arise from that summary mode of deciding such Questions, and a further extent of their jurisdiction appears highly desirable and useful, I therefore hereby declare, direct, and publish, |