The magistrates were the pivot on which the administrative organisation of the settlement turned. They not only conducted the business "usually transacted by Justices of the Peace in England,"[1] but were constantly engaged in enforcing order and discipline amongst the convicts. They gradually took over from the Civil Court all processes for the recovery of small debts. A Proclamation of July, 1810, laid down a summary procedure for such suits, and fixed a schedule of fees ranging from threepence to two shillings and sixpence. An Act of 1813 enabled debts to be proved on oath before a chief magistrate either by a private individual or the Crown, and also made provision for levying distress.[2] Finally in 1820 a Proclamation issued by the Governor conferred on the magistrates the jurisdiction given them in England by 20 Car. II., cap. 19, over questions arising upon wages or contracts for labour in husbandry under the sum of ten pounds.[3] They had in addition to all these duties the general supervision of their districts.[4]
Their most onerous tasks were those connected with the convict system. "All complaints either of neglect of duty or of ill-treatment on the part of Government men or their employers are to be made to the district magistrate, whose duty it will be to punish and redress mutually the ill-behaved and injured party."[5] They also investigated all complaints brought before them by gaolers and superintendents, and exercised over the convicts what would in the case of free men have been a criminal jurisdiction.[6]
No magistrate could order any punishment without examination on oath unless he actually saw an act of neglect, disorderliness or insubordination committed.[7] In no case
- ↑ Ellis Bent to Bathurst, 1st July, 1815. R.O., MS.
- ↑ 57 Geo. III., cap. 15. An Act for the more easy recovery of debts in His Majesty's Colony of New South Wales.
- ↑ S.G., 5th February, 1820. See Wylde's Evidence, Appendix to Bigge's Reports, R.O., MS., and Bigge's Report, II. Both considered that the magistrates strained the meaning of the Act and were too ready to go outside the proper sphere of their jurisdiction.
- ↑ e.g., Marsden was expected to supervise the asylum at Castle Hill in the Parramatta district.
- ↑ G.G.O., 10th September, 1814.
- ↑ See, e.g., Bigge's Report, I. He thought this a wise arrangement.
- ↑ See Hunter's Evidence, C. on T., 1812.
