DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.31444#0208
DESCRIPTION
jtj6
The Lands of this Colony, like those os AW/h?, are
granted upon conditional terms ossettlement; and
the Governor is appointed by the Company, with the ap-
probation os the States General, who, with his Council, which
are choien by the Burghers, or their sibsifutes, compoie
the Legifative Authority, and impose luch taxes as are
requisite for the luppcrt of Government. Theylikewise sorm
the Supreme Court of Judicature in Criminal and Civil
Causes, from which, in the latter, Appeals are allowed to
for suns exceeding twelve hundred Guilders. This
Court examines the evidences, and srom their tesUmonies
determines the caule, without hearing Counsel on either
side. For this conduct they have leveralreasons. Multiplicity
of law-luits are univerlallv allowed to be particularly detri-
mental to new countries. Lawyers, they think, not only
tend to promote them, but alio to protraÄ, embarrass, and
perplex judicial proceedings. How far theie concius ons are
just, I will not determine; Right and Wrong, Jusice and
Injufice, are sometimes so obicure, that the alhstance os
Council may be usesul; but where the Members of a Court
of judicature, as in the present case, are but little versed in
study os Law, instead os acquiring usesul insormation, they
would be in danger of being milled by the lubtilities of plead-
ings, and the arts os litigation. Besdes, this would naturally
enhance the expence os judicial determinations; to prevent
which, the Government is here particularly soilicitous, to
their honour I ipeak it, as in some countries the neceilary ex-
pences in this particular have been so enormoully augmented,
not only by multiplicity of fees, but by Ramps, and other
duties, on the ieveral instruments required, that the means os
obtaining a judicial deciiion are beyond the reach, not only
os the poor, but even os people in moderate circumRances,
who, in effecL, suher an absolute deprivation of jusice;
whereas in this Colony, the whole expence os a Law-slit
is but a sngle frilling for a Summons. I lay a Summons,
because the body of no inhabitant can be arrefed accept for
a criminal offence: But the inconveniences which might resilt
srom this useful regulation are prevented, by a Law, which
prohibits all inhabitants from leaving the Colony without a
passport, which can only be obtained, either by previously
notifying the intention of departure, or by proyidingsecurity
for the dilcharge of any remaining debts.
The
jtj6
The Lands of this Colony, like those os AW/h?, are
granted upon conditional terms ossettlement; and
the Governor is appointed by the Company, with the ap-
probation os the States General, who, with his Council, which
are choien by the Burghers, or their sibsifutes, compoie
the Legifative Authority, and impose luch taxes as are
requisite for the luppcrt of Government. Theylikewise sorm
the Supreme Court of Judicature in Criminal and Civil
Causes, from which, in the latter, Appeals are allowed to
for suns exceeding twelve hundred Guilders. This
Court examines the evidences, and srom their tesUmonies
determines the caule, without hearing Counsel on either
side. For this conduct they have leveralreasons. Multiplicity
of law-luits are univerlallv allowed to be particularly detri-
mental to new countries. Lawyers, they think, not only
tend to promote them, but alio to protraÄ, embarrass, and
perplex judicial proceedings. How far theie concius ons are
just, I will not determine; Right and Wrong, Jusice and
Injufice, are sometimes so obicure, that the alhstance os
Council may be usesul; but where the Members of a Court
of judicature, as in the present case, are but little versed in
study os Law, instead os acquiring usesul insormation, they
would be in danger of being milled by the lubtilities of plead-
ings, and the arts os litigation. Besdes, this would naturally
enhance the expence os judicial determinations; to prevent
which, the Government is here particularly soilicitous, to
their honour I ipeak it, as in some countries the neceilary ex-
pences in this particular have been so enormoully augmented,
not only by multiplicity of fees, but by Ramps, and other
duties, on the ieveral instruments required, that the means os
obtaining a judicial deciiion are beyond the reach, not only
os the poor, but even os people in moderate circumRances,
who, in effecL, suher an absolute deprivation of jusice;
whereas in this Colony, the whole expence os a Law-slit
is but a sngle frilling for a Summons. I lay a Summons,
because the body of no inhabitant can be arrefed accept for
a criminal offence: But the inconveniences which might resilt
srom this useful regulation are prevented, by a Law, which
prohibits all inhabitants from leaving the Colony without a
passport, which can only be obtained, either by previously
notifying the intention of departure, or by proyidingsecurity
for the dilcharge of any remaining debts.
The