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Updated: June 18, 2025
He did not merely impugn the verdicts which were the issue of a jury system so degraded as to have become the sport of a political "faction," but he dwelt on the public danger which sprang from the parasites of the courts, the gloomy brood of public accusers which is hatched by a rotten system, feeds on the impurities of a diseased judicature, and terrifies the commonwealth by the peril that lurks in its poisonous sting.
He immediately began his empire by repressing vice and encouraging virtue. He committed the power of judicature to the senators and knights alone; and by many sumptuary laws restrained the scandalous luxuries of the rich. He proposed rewards to all such as had many children, and took the most prudent method of re-peopling the city, which had been exhausted in the late commotions.
"The power or function of the prerogative is of two parts: the one of result, in which it is the legislative, power, the other of judicature, in which regard it is the highest court, and the last appeal in this commonwealth.
These men had been guilty of certain grave offences at Hobart Town, and they had rendered themselves in consequence liable to new punishment; they were tried before the Supreme Court of Judicature there, and sentenced to be transported to the place above mentioned. Only the very worst sort of prisoners were sent to Norfolk Island and Macquarie Harbour.
I would willingly avoid this subject; but the right honourable Baronet leaves me no choice. He turns this House into a Court of Judicature for the purpose of criticising and comparing the institutions of independent States. He tells us that our Tariff is to be made an instrument for rewarding the justice and humanity of some Foreign Governments, and for punishing the barbarity of others.
The parliament, however, forebore to determine the question, whether the removal of the courts of judicature from Spanish Town to Kingston was a measure calculated for the interest of the island in general. RESOLUTIONS concerning MILFORD-HAVEN.
The power which they claim, of declaring incapacities, would not be above the just claims of a final judicature, if they had not laid it down as a leading principle, that they had no rule in the exercise of this claim but their own discretion.
Having referred to the year 'Forty-five, the chief of the Campbells, sitting as Justice General upon the Bench, thus addressed the unfortunate Stewart before him: "If you had been successful in that rebellion, you might have been giving the law where you have now received the judgment of it; we, who are this day your judges, might have been tried before one of your mock courts of judicature; and then you might have been satiated with the blood of any name or clan to which you had an aversion."
Her Judicature Act of 1873 put an end to the common law system of pleading, reconstituted her whole method of judicial procedure, and authorized the judges to make rules and orders from time to time to adopt the new scheme to convenience in practice. One of their orders, passed in 1883, abolished demurrers.
These parliaments had furnished, not the best certainly, but some considerable corrective to the excesses and vices of the monarchy. Such an independent judicature was ten times more necessary when a democracy became the absolute power of the country.
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