Thcfe films were applied .to the. payment. of falaries on the
civil eftablifhment, the < expence# of the rfevefal ■ departments*
the repairs of Government buildings, and the contingencies
and .extraordinaries of the colony, to all which, by a prudent
economy, they were much more than adequate; for, on clofing
the public accounts the year after the departure of Lord Macartney
from his government, there was a balance in the Treafury,
amounting to between- two and three hundred 'thoufahd rrix
dollars, after every expbnce of the year had been liquidated.' (
J u r i s p r u d e n c e .
The outline of the conftitution and praâice of the GoUrt of
Juftice at the • Cape I have already had occafion to notice, and
to obferve that its members were chofen out of the burghers of
the town, and were not profeffionat men brbught tip in the ftudy
of the law. The Fifcal, who is the public-accufer in criminal
matters, and the Secretary of the Court, are; the only perfons
poffeffed of legal knowledge. The; jurifdiction of this Court
extended to the trial of offences committed by t.hç,..milîtarÿ ; in
alifuch cafes, however, the Governor,' as Commander in Chief
had the power of nominating two military officers,- to fit on the
trial and give their-Votés, with the ordinary members, upon the !
I cafe. The members of the Court may be confidered as a kind 1
of fpecial jury, who, having heard the evidence adduced by
the parties, decide upon the faéts, and the Secretary points out
the law. Their decifion, however, is carried by a majority of
voices.
Two
Two of the members in turns form -a monthly cotnmiffion, .
before which written evidence is produced' by the attornies of
the parties,7 and every information collected againft the full
meeting of the Court, whieh is held once a fortnight.' v The
doors are always ffiut gthereis no oral pleading; and the parties
are entirely excluded. -Decifion is pronounced upon:the
written and attefted documents that appear before them, and
whichj indeed, have been read by each member in the interval
between the days of feffion. Were this not pra&ifed, fo great
is the litigious difpofition of the people, they would not be able
to go through the ordinary bufinéfs. Forty or'fifty caufes are
foihetimes dilpatehed in; the Court in the courfe of.one .morning;
tnid’ they hear none whefe the damages are- not laid at à
greater futn than 2Ò0 rix dollars or 4o l. All’ fuits, undefethis
amount, are decided in an inferior Court ealled-the Court o f
Gommijfariet for tryingpetty caufes i in the country diftri&S-tlie
Landroft and Hemraàden are .empowered to-givei judgment in
all cafes where the damages to be recovered do not exceed 1.50
rix dollàrs or 30/.
1 This litigious fpirit in the people, who are moftly related one
way or another, and whoalways addrefs each' other by-thè name'
of coufn, is encouraged by the attornies, who; in the-Gape,
may truly be called a neft of vermin fattening on the-'credulity
of - the people;. Tò become a proeureurit is by no means ne-
ceffary to ftudy the law. Hence any bankrupt ihopkeeper, or
reduced officer, or clerk in any of the departments, may fet up
for an attorney;. The bufinefs confifts in taking down depo-
fitions in writing, and drawing up;a ftate of the cafe for.the
.u.uu .3 exami