The plan proposes to have a resident judge and a solicitorgeneral in each island, to transact all ordinary business preliminary to the hearing of a suit, or the trial of a cause, at the circuit; the resident judge will also preside in a court for the recovery of small debts, in an escheat court, and in taking the acknowledgment of deeds, private examinations of married women and the like; he is to act also as chairman at sessions of justices for trying cases of petty larcenies and trifling misde

ineanors.

On each of the first two circuits it is recommended, that there should be two superior judges, one for equity, and the other for common law, and one attorney-general, all appointed from England. The equity judge is proposed to act as ordinary, and in the Admiralty Court; the common law judge to preside in all the courts of common law, and in the superior criminal court. Both are to go the circuit at stated periods; the common law judge is to sit at nisi prius for the trial of causes, and afterwards in banc, assisted by a local judge, with a power of calling in the equity judge, in case of difference of opinion; the equity judge is to go the circuit at the same time, and also at other periods, at his discretion.

There are points, however, in several of the islands proper to be especially noticed even in this rapid sketch, and which ought not to be lost sight of, whatever reform is adopted. In Tobago unusual facilities are afforded for the recovery of just claims upon the property of deceased debtors, which are believed to have improved credit and to have restrained fraud; and for the recovery of demands under £10, the court of summary jurisdiction has been found so convenient, that it is desired to increase the amount recoverable to £20. In the Bahamas an act was passed in 1799 to declare how much of the law of England ought to be in force there. In Grenada, and in other islands, counsel are allowed to address the jury on behalf of prisoners. In Antigua, Nevis, and elsewhere, slaves can be witnesses, although not on oath, and somewhat precariously. In all the islands except Jamaica and Barbadoes, the convenient practice is followed of advocates doing the business of attornies. But it is said by the Commissioners (Third Rep. p. 5.) to be desirable, if it can be effected, that the different branches of the profession should be kept every where distinct. As the condition marked in italics is one impossible to be complied with in small communities, without an amount of expense and an evil in the disclosure of affairs to which no community will long submit, the suggestion need not occasion great uneasiness in reference to ultimate measures. But the great inconvenience which has been suffered at the Cape of Good Hope and in New South Wales by adopting this false idea of purifying

the practising lawyers, renders it proper to notice the recommendation, upon which something further will be said when we are treating of the legal institutions of the Cape of Good Hope. In St. Vincent's the pleadings subsequent to the declaration (and matters are often managed without even a declaration) are ore tenus ; so that as the Chief Justice stated to the Commissioners of Legal Inquiry, they" get on with wonderful rapidity." If the cause of action does not exceed £50, the plaintiff is obliged to give the defendant a copy of the account, bill, bond, or note of hand, without a declaration, but with the writ of summons annexed; and this secures at the trial the benefit of the common counts, in debt or assumpsit, as the case may be, the same as if the suit had been conducted more formally.* In St. Vincent's also the judge from whose decision an appeal is made, gives his reasons for that decision in the court to which the case is carried in appeal; but he does not vote upon the judgment in appeal. In Dominica six men may constitute a jury. There also, as in most of the other islands, estates tail, reversions and remainders are barred and conveyed by an acknowledgment before a judge; and dower is barred by an examination of the wife before a judge. Many other points worthy of notice might be enumerated; and if in the New Courts, (provided with a few legal judges in the place of the large bodies of planters,) the expense of litigation in fees is abridged, materials already exist for greatly facilitating the improvement of the law in the West Indies.

The Commissioners of Legal Inquiry press with sufficient earnestness, that the Rules of the Courts, and the Colonial laws generally, should be printed. But they have entirely omitted the all-important point of regularly reporting judicial proceedings. It is not rash to say, that no other method exists by which, at little cost, courts of justice can be so beneficially checked, and the uniformity of law promoted, as by having reports of cases taken and published at the public expense, without interfering with the independent newspapers and reporters.

In Tortola the Commissioners received information with regard to the Peace-Brokers, or Court of Reconcilement, in the Danish colonies, the constitution of which they have described in the following terms:

"This is a court of the first instance, preliminary in all proceedings in the supreme court, and has jurisdiction in all civil cases except actions on bills of exchange, &c., where the time of payment has been already under the consideration of the parties, and these it is thought should be punctually paid, without terms of any kind given in this court. The plaintiff having preferred a complaint in this court, is a condition precedent to his recovering in the trial court. Two judges for this court are

* Second West India Report, House of Commons' Papers for 1826, No. 276, p. 13.

chosen by the community, out of six persons named by the governor. If the parties are not reconciled, there is no expense; if they are, there is a trifling fee payable for the servants of the court. The judges have no

salaries.

"The proceedings are these: the plaintiff prefers a complaint; the defendant has notice; both are required to attend. Personal appearance is never dispensed with except in cases of dangerous sickness, &c.; and when, in very urgent cases, appearance by attorney is allowed, the attorney must have a general power, without any reservation, to reconcile the difference. If the defendant makes default, he will have to pay all the costs of this court and the trial, and that although he should eventually succeed in the action, and also a small fine to the public, for the contempt.

"When they appear, the parties are heard at length, and state what they please of their affairs, and without prejudice, for the sitting is private and the judges sworn to secresy; and it is understood the parties are not to be bound by what is offered or admitted there, if they are not reconciled.

"The judges usually press the plaintiff to give the same time for payment as it would take him to enforce it by suit or action.

"When the parties are agreed, the judge gives a certificate of the reconcilement, which has all the effect of a final judgment, without appeal; and at the expiration of the time, according to the terms of the judgment, the sheriff levies upon it as on an ordinary execution.

"If the parties cannot settle terms, the judge makes a note that an attempt to reconcile was made, and proved fruitless, and it was therefore referred to the court for trial.

"Crimes cannot be brought under the notice of this court, or misdemeanors, where the offence is palpably of a public nature; but where the injury is chiefly to an individual it may, as ex. gr. a battery may be reconciled-an attempt to murder cannot; penalties may, and where a share goes to the king, that share is often remitted to encourage reconcilements: but it is never allowed in charges brought against public officers; if their conduct is impeached there can be no composition.

"There are special cases, in which one of the judges is at liberty to try to reconcile, without waiting to form a court, as between mariners and transient persons, &c.

"No lawyer, or lawyer's clerk, is on any account to be allowed to show his face while reconcilements are attempting."

In Jamaica, there is a population of 6,400 whites, 30,000 free people of colour, and 330,000 slaves; a revenue of 490,000l. ; and an area of 6,400 miles square. The laws resemble those of Barbadoes, but the legal establishments are superior in the material point of the Chief Justice being a lawyer (generally independent of local influence), and in the existence of inferior courts for free persons The law of Jamaica is based upon the

* Third Report of West India Legal Inquiry, House of Commons' Papers for 1826, p. 104.

common law, and upon the Statutes of England passed before the year 1724, so far as both are applicable to the condition of the island. The local statutes have been subject to the rule, that they should not be repugnant to English law: but the manner in which the principle has been applied may be inferred from the fact, that during the whole of the last century, local statutes were passed to incapacitate free people of colour from holding numerous offices:* from taking "exorbitant" grants and devises from white people from voting at elections; or from exercising various mechanical professions;-restraints obviously repugnant to the British Constitution, and now happily abolished. In common with other colonies, all the property of a deceased debtor, whether real or personal, is liable to the creditor.

The Supreme Court of Judicature is composed of a Chief Justice appointed by the Governor, and confirmed by the King. The Judges are appointed by the Governor. They all hold their offices during the King's pleasure, but may be suspended by the Governor with the consent of a majority of the Council. The Chief Justice receives 5,720/. currency per annum, which is in lieu of all fees or other emoluments; he has been a barrister since 1803; but not necessarily so by any law. The assistant Judges are not lawyers by education; the two seniors receive salaries of 7007. currency per annum each. The Supreme Court is, with a few deviations in practice, coextensive in jurisdiction with the Court of King's Bench in England, and it has concurrent jurisdiction with the Admiralty Sessions. It has jurisdiction in all civil actions of which the Court of Common Pleas in England has cognisance; but no real action, except partition and dower, is sustainable there. It has also a revenue jurisdiction by local statutes. The rules of the Court are in manuscript. The Courts of Circuit are separate from the Supreme, both for civil and criminal cases. The Judges of Circuit have salaries of 500l. each. Juries are summoned in these Courts as in England.

The Chancery Court is held by the Governor as Chancellor, and the practice resembles that of England. The Governor is also ordinary.

A Vice-Admiralty Court is likewise held in the island by a Judge, who, during peace, when his emoluments are about 100%. a year, practises as a barrister.

Appeals lie from the Supreme and Circuit Courts to a Court of Error, held by the Governor and his Council; in cases where the matter in dispute exceeds 300l. sterling in value, except in the case

* Jamaica Acts of 10 Anne, c. 4. s. 35. + 2 G. 3. c. 8.

2 G. 3. c. 15.

of a judgment or ejectment, or where any tax, or other right of the crown is involved, when the value need not be stated. From this Court of Error an appeal may be carried to the King in Council; as it may directly from the Courts of Chancery in ordinary. From the Vice-Admiralty Court the appeal lies to the Court of Admiralty in England.

The parochial administration of justice is by Justices of the Peace, with powers like those of English Justices, or custodes, who in each parish exercise the office held by a custos rotulorum of a county in England. The criminal jurisdiction of the Justices is limited to matters of police, and to the commitment of free people for trial at the superior courts, or at the Quarter Sessions. The Quarter Sessions that determine by Juries have a concurrent jurisdiction with the superior courts in cases not extending to life; and they can punish by fine, imprisonment, and whipping. Two Justices of Peace can decide in a summary way, and without appeal, disputes between masters and servants to an amount not exceeding 100l.; and between other parties not exceeding 40s. Besides these minor jurisdictions, there are parochial Courts of Common Pleas, consisting of four Justices specially commissioned to decide civil matters of the value of 201., not concerning the freehold. The ordinary expense of a suit in these last mentioned courts is 4/. 10s.

The Slave Courts are of recent establishment. They are composed of three Justices of the Peace at least, who, without a jury, may try slaves upon charges punishable by death, transportation, or confinement to hard labour for life, or to less punishment. The law expenses and costs for prosecutions, marshals, gaols, insolvent and crown debtors for 1831, were 14,174/.

Uniformity of laws and proceedings cannot probably be attained yet in the West Indies, even in the purely British Colonies, although the Chief Justice of Tobago is of opinion, that "One Court Act might be framed very usefully, to do for all the islands."* But strong grounds are adduced by the Commissioners against the possibility of consolidating the Courts, or of imposing the same rules upon them all at present.†

In order to separate entirely the judicial from the legislative power,the practice of the courts, and certainly their fees, should be regulated by statute laws. Under the pretext of determining the practice, vast influence is attained by Judges. The modern course of the Colonial Office has been to divest Colonial Legislatures of their just authority in this matter; and the West India Commissioners propose to confirm this course, by giving new

• Third Report, p. 86.

Third Report, p. 110.