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 f863 
 
 "?v-Vi^^ '■';'fVi'-}i-^V>:'.T' 
 
 Cape of Good Hope 
 
 Parliament 
 
 Legislative Council 
 
 Committee of the legislative 
 Council appointed to consider 
 and Report upon the Judicial Bill 
 
 Report and Proceedings
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 GIFT OF 
 
 THE AKCHIVES DEFARTlffiKT, 
 UNION OF SOUTH AFRICA.
 
 OFG0OJ;) 
 
 ,/T'.;i 
 
 REPORT AND PROCElUipS 
 
 GOVT, pubs! room 
 
 OF THE 
 
 OmiTIEE OF !HE LEGlSLATIffi CODNCI 
 
 u 
 
 AI'POINTED TO CONSIDKU AND IIKPOKX Ul'ON TIIK 
 
 rUDICIAL BILL. 
 
 InMiskiJ l)i| Dxkr at tk X'egislatik (Council. 
 
 CAPE TOWN: 
 SOLOxMON AND CO., STEAM PRINTING OFFICE. 
 
 ]86:j. 
 
 (.. J-'C3.-JUU1CIA1. niLL.
 

 
 CAPE OF GOOD HOPE. 
 
 REPORT AND PROCEEUINCtS 
 
 OF THE 
 
 COMIIIIEE OF THE LEGISLATIVE COUNCI 
 
 u 
 
 APPOINTED TO CONSIDER AND KEPORT UPON Tnn 
 
 JUDICIAL BILL. 
 
 fitblistr^^ bir axkt of tlje f ^gislatilielConntil 
 
 1863. 
 
 CAPE TOWN: 
 SAUL SOLOMON AND CO., STEAM PRINTING OFFICE. 
 
 ]863. 
 
 C. 5 -'liS.— JUDICIAL HILL.
 
 TO. 
 
 A5" 
 
 [iii] /Q.Cr,-^ 
 
 REPORT 
 
 OF THE 
 
 SELECT COMxMITTEE appointed by the LEGISLATIVE 
 COUNCIL on the 7th July, 1863', to whom was referred 
 the " Bill for the better Administration of Justice, for 
 dividing the Colony into three Judicial Divisions, and 
 for granting Judges to the Eastern Districts." 
 
 PRESENT : 
 
 His Honour the President (Chairman), 
 
 Mr. Pote, 
 Mr. Godlonton, 
 
 Mr. Wicht, 
 Mr. Stein. 
 
 It was quite apparent that the session of Parliament was 
 much too far advanced when this Select Committee was 
 appointed to allow a reasonable hope to be entertained that 
 any present legislation could take place upon the subject 
 submitted to them. 
 
 Under these circumstances, the Committee did not consider 
 it expedient critically to examine the various sections of the 
 Bill referred to them, for the purpose of presenting it in a 
 form which would justify its adoption by either branch of the 
 Legislature ; but they are, at the same time, unwilling to allow 
 the session to close without expressing an opinion upon a 
 subject which has so long occupied public attention, and which 
 is so intimately connected with the due administration of 
 justice in this colony. 
 
 In the year 1845, when the territorial limits of the colony 
 were far less extensive than they now are (there being then 
 only half the number of circuit towns), the report of the 
 Committee of the Legislative Council on the judicial estab- 
 lishments of this colony, with its voluminous and valuable 
 minutes of evidence, clearly shows that even at that time great 
 inconvenience was experienced by reason of the length of the 
 circuit and the distance of Cape Town (from which all judicial 
 processes issued) from the eastern districts of the colony. 
 
 IC.5— '63.— JUDICIAL BILL.) 
 
 10S472t.
 
 IV [report of COMMITTNE. 
 
 The evils there enumerated have gradually and steadily 
 increased, and the number of circuit towns visited by the 
 judges have now increased to twenty-seven, whilst other 
 districts are still putting in strong claims to be recognized as 
 circuit towns. It is true that in the mean time some relief 
 has been afforded to the judges by dividing the circuit into a 
 long circuit extending to twenty-one towns, and a shorter 
 one extending to six ; but there are still so many well- 
 grounded reasons for justifying some change in the existing 
 system that the Committee have decided on recommending 
 for consideration the following outline of a plan, which they 
 believe may with advantage be adopted by future legislators : 
 J. An additional judge to be added to the Supreme 
 Court. 
 
 2. One judge to be settled at Graham's Town. 
 
 3. One judge to be settled at Graaff-Reinet. 
 
 4. All the powers which belong to the Supreme Court 
 
 may be exercised by the resident judge within his 
 district, subject to appeal, as hereinafter mentioned. 
 0. Four criminal sessions to be held in each year at 
 Graham's Town and Graaff-Reinet respectively, 
 before its resident judge, as they are now held in 
 Cape Town. 
 
 6. At least two circuits to be held annually for each of 
 
 the three circuit districtsjnto which the colony is to 
 be divided ; but the Governor may order additional 
 circuits to be held in all or either of the three 
 circuits, as circumstances may require it. 
 
 7. The judicial districts to be three in number, and to 
 
 be called 
 
 1. The Western Circuit. 
 
 2. The Midland Circuit. 
 
 3. The Eastern Circuit. 
 
 I. Western Circuit. 
 
 The Cape division, including the city of 
 Cape Town 
 
 * The division of Malmesbury. 
 
 * The division of Piketberg. 
 
 * The division of Clanwilliam. 
 The division of Namaqualand.
 
 REPORT OF COMMITTEE. 
 
 The division of Calvinia. 
 The division of Tulbagh. 
 The division of Worcester. 
 The division of Robertson. 
 The division of Swellendam. 
 The division of Riversdale. 
 The division of Prince Albert,^ 
 The division of Oudtshoorn. 
 The division of Mossel Bay. 
 The division of George. 
 The division of the Knysna. 
 The division of Bredasdorp. 
 The division of Caledon. 
 The division of Stellenbosch. 
 The division of the Paarl. 
 
 II. Midland Circuit. 
 
 The division of Graaif-Reinet. 
 The division of Middelburg. 
 The division of Colesberp;. 
 The division of Hope Town. 
 The division of Richmond. 
 The division of Victoria West. 
 The division of Murraysburg. 
 The division of Beaufort West. , 
 The division of Fraserburg. 
 
 III. Eastern Circuit. 
 
 The division of Albany, including the city 
 
 of Graham's Town. 
 The division of Alexandria. 
 The division of Port Elizabeth. 
 The division of Uitenhage. 
 The division of Humansdorp. 
 The division of Somerset. 
 The division of Bedford. 
 The division of Cradock. 
 The division of Burghersdorp. 
 The division of Aliwal North. 
 The division of Queen's Town. 
 The division of Stockenstrom.
 
 VI REPORT OF COMMITTEE. 
 
 * The division of Alice. 
 
 * The division of Fort Beaufort. 
 The division of Peddie. 
 
 The division of Bathurst. 
 
 (* These shov»r v^^here circuit courts are now held.) 
 
 8. The present high sheriff to continue to hold that 
 office, but Ins responsibilities and duties to cease 
 as far as they belong and attach to the midland and 
 Eastern districts. 
 
 A sheriff to be appointed for the midland districts, who 
 shall appoint the deputies within the districts, issue 
 process, and be subject to the same responsibih- 
 ties and duties therein as the high sheriff now is. 
 
 In hke manner, and subject to the same obhgations, a 
 sheriff to be appointed for the eastern districts. 
 
 .9. Any judge of the Supreme Court may be requested 
 by the Governor to take either of the three circuits. 
 
 10. The judges in the eastern and midland districts to 
 
 be changed every two years, I'hey shall then 
 proceed to Cape Town and their places be taken 
 by the other puisne judges in rotation. 
 
 11. The eastern and midland judges may respectively 
 
 state a case in any matter civil or criminal brought 
 before him for the opinion of the Supreme Court. 
 
 12. Parties to suits before the districts courts may 
 appeal to the Supreme Court, under rules to be 
 prescribed. 
 
 The above suggestions appear to the Committee, on the 
 one hand, to preserve and maintain the authority of the 
 Supreme Court of the colony which will be left to 
 exercise a jurisdiction as extensive as the limits of 
 the whole colony ; whilst, on the other, two of the 
 principal towns in the eastern parts of the colony will 
 possess a judge of the Supreme Court, who will be resident 
 there for a limited period. It will be seen that if the 
 proposed system be adopted, the rotation of the hereafter to 
 be appointed puisne judges of the Supreme Court would be 
 such that each of them would be resident four years in the 
 two district courts at Graham's Town and Graaff-Reinet, and 
 four years at the seat of the central tribunal in Cape Town ;
 
 REPORT OF COMMITTEE, Vlt 
 
 whereby, with the assistance of a well-arranged system of 
 appeals, it is to be hoped that the growth of conflicting 
 systems of law and judicial practice in adjacent districts would 
 be effectually prevented. 
 
 The great advantage will also be attained of holding four 
 quarterly criminal sessions at Graham's Town and Graaff- 
 Reinet, and thus all the gaols within a reasonable distance of 
 those towns would be cleared four times a year, as is now the 
 practice in Cape Town. 
 
 ? It is also to be observed that although all the judges of the 
 Supreme Court would have jurisdiction to travel either of 
 the three circuits, it is probable that, in the ordinary course, 
 the judges resident in the eastern and midland districts would 
 usually travel the circuit comprising the divisions within 
 their own districts. This arrangement would, it is presumed, 
 greatly diminish the expenses which are now necessarily 
 incurred by the judges on the present long circuit, who take 
 their departure from and have to return to the seat of the 
 Supreme Court at Cape Town. 
 
 WM. HODGES, Chief Justice, Chairman. 
 Committee-rooms, 27th July, 1863.
 
 [ VIII ] 
 
 PEOCEEDINGS OF COMMITTEE. 
 
 Thursday, 9th July, 1863. 
 
 PRESENT : 
 
 His Honour the President, 
 Mr. de Wet, 
 Mr. Godlonton, 
 
 Mr. Wood, 
 Mr. Wicht, 
 Mr. Pote. 
 
 Resolved that His Honour the President do take the chair. 
 
 Order of Council, dated 7th July, for appointment of com- 
 mittee, read. 
 
 Committee in discussion on the Bill " For the better adminis- 
 tration of Justice, for dividing the Colony into three Judicial 
 Divisions, and for granting Judges to the Eastern Districts." 
 
 After discussion. 
 
 Resolved, on motion by Mr. Wood : That the Bill be referred 
 to a sub-committee, consisting of His Honour the President and 
 Mr. de Wet, for consideration and report to another meeting of 
 this committee. 
 
 Whereupon committee adjourns sine die 
 
 Saturday, 25th July, 1863. 
 
 PRESENT : 
 
 His Honour the President (Chairman), 
 
 Mr. Pote, 
 Mr. Stein, 
 
 Mr. Wicht, 
 Mr. de Wet. 
 
 The Chairman, on behalf of the sub-committee appointed at the 
 last meeting, submits certain " suggestions " which are read. 
 
 Mr. Wicht moves that these " suggestions," be adopted. 
 
 Agreed to, and further resolved that the chairman draw up a 
 report embodying them. 
 
 Committee adjourns to Monday next, the 27th instant, at 12 
 o'clock.
 
 PROCEEDINGS OF COMMITTEE. IX 
 
 Monday, 21th July, 1863. 
 
 PRESENT : 
 
 His HoHour the President (Chairman), 
 
 Mr. Pote, Mr. Wicht. 
 
 Mr. Stein, 
 Mr. Godlonton, 
 
 The Chairman submits, and reads, draft report. 
 Mr. Pote moves its adoption. 
 
 Agreed to, and the chairman instructed to report to Council 
 accordingly.
 
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