Court of Civil Jurisdiction - Procedure in Court

Procedure in Court

Proceedings would begin with the judge-advocate administering an oath to each of the other officers of the court appointed by the governor for that sitting. The officers after having been sworn would then swear in the judge-advocate. Witnesses on either side, but not the parties themselves were sworn and examined. This was common practice in English courts at the time. The evidence of the witnesses was taken down in writing and signed by them. After all the evidence was given, the court would consider its judgment. The court’s judgment was given "according to justice and right" and sometimes not according to the existing common law or the law on equity. For example, the first case before the court Cable v Sinclair involved two ex-convicts suing a master of a ship for loss of luggage. Under English law at the time, a criminal would be unable to sue in a court of law. However, the court in this case overlooked that and gave judgment in favour of the convicts.