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cumstances, to other superior authorities, especially
to the Chancery of Schleswig-Holstein. The audit of accounts was specially provided for. Divorce and analogous cases, as well as church affairs gene- rally, were within the jurisdiction of the Consistorial Court of Schleswig. The Sovereign exercised the power of legislation and the right of taxation; although limited by usage and particular charters.
"All these institutions were considerably affected and altered by Heligoland becoming a British colony, &c."
Passing over explanations of British colonial law, in this place of no interest, the author proceeds:
"The authority and the powers of the Gover- nors of British Colonies are not uniformly the **same, and differ according to circumstances. The Governor of Heligoland is supposed to have assumed the functions of the Landvogt, and of the earlier intermediate authorities. Nevertheless, he does not trouble himself with the duties performed by the Landvogt in matters of jurisprudence; he leaves the first instance to the Council, and takes the second to himself. But nobody knows the foundation of that arrangement; at least no particulars have been made known.
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'During the smuggling time, in November 1809, an understanding was, in some degree, entered into, touching the judicial system. It was the Governor's intention that three members, at least, of the Court of Justite should form & quorum,
the eldest pre- siding. Small cases were disposed of in the Town Hall. The superior Court was to consist of the Town Clerk, two British or foreign residents, and two noble natives, with the co-operation of four merchants in important commercial cases; the Governor signifying his assent, and, in case of dissent, referring to England. But that arrange- ment fell to the ground with the cessation of the smuggling trade; and the six members of the Council now decide all cases, an appeal lying to the Governor.
"In matters of matrimony and betrothal, however, there is an absence of all jurisdiction. The clergy- assisted by two members of the Court, making a virtue of necessity, did, for a time, form a sort of
men,
て
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Consistorial Court, and even pronounced divorce.
The Governor, however, having, in 1855, questioned the lawfulness of these proceedings, the first clergy- man withheld his further co-operation, without having the sanction of superior authority; since then the subject has remained in a state of perplexity. Marriage can neither be dissolved nor declared void. "In cases of paternity there has been no settled form of proceeding; but, for several years past, the Council has adjudicated.
"In other respects the authority of the Governor and the state of the law are involved in obscurity
and uncertainty. On his installation into office the Governor issues a public notice, commanding, in the name of the Sovereign, all civil officers, ministers, and subjects of the Crown, to yield him loyal obedience in
respect of his office. Nobody knows. anything touching the contents of his Commission or Instructions; but his authority must be very considerable, seeing that he exercises the power of pardon.
"One thing, however, stands certain, no judicial sentence or administrative enactment can be carried into effect unless it be willingly accepted by the parties concerned, or supported by their neighbours,
or by other well-meaning persons. Compulsion is out of the question, unless the party to be proceeded against be some poor devil without friends, or a widow, or a timid young girl, easily frightened. In judicial cases, generally, nothing is done if the defendant does not appear. The Court is hardly much better than one of conciliation; fines are not paid; the deposit of property by way of security is impracticable and unavailable, for if the property should be sequestrated it would find neither buyers nor persons willing to realise it abroad-that is, provided the depositor understands his business. Punishment by imprisonment is absolutely impos- sible, if only because there is no prison-house in existence. No one would dare to flog a juvenile offender. The well-known Harro Harring was thus enabled to laugh at and disobey the authorities; • and it was only upon the arrival of a cutter-of- war that effect was given to the sentence of the Court as approved by the Governor. Most of the
PUBLIC RECORD OFFICE
Reference -
49 TT CO. 885
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Anting
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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