CO129-025 - Bonham - 1848 [7-8] — Page 139

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19th November 1846, and M.68 of 6th February 1847, I infer that it is our intention that the Criminal Sessions shall always be held within three months of each other; this however cannot be, if the Court is to have a vacation of 4 months or 3 months, unless indeed it closed its Sessions on the last day of one month, and opened on the first of the next month, i.e., within a month from it's last sitting; which, considering that witnesses are to be procured, Informations filed, and other matters incidental to the Proceedings of a Criminal Court arranged, could not possibly be effected.

In conclusion, My Lord, I must remark that the only objection that I have heard urged against the sitting of the Court during the four months claimed as its vacation, is the inconvenience arising from the heat of the weather, to the officers of the Court and the Jurors. As to the former, it need only be observed that as the salaried servants of Government, they must be expected to perform, in common with other members of the Establishment, all duties which the Public service may require.

I cannot see that there will accrue to them or to the public, while they are occupied, at intervals, and but for a few days at a time in the discharge of their important duties, the evil, either physically or in other point of view, which must be entailed on persons incarcerated for four months during the hottest portion of the year.

I have the honour to be, With the highest respect, My Lord, Your Lordship's Most obedient Humble Servant,

Baltam

Answer is requested but subject to the firm rule both to relieve the Judge from unnecessary labour, & the suitors from delay in the administration of the law in such a manner as to attain their rights at the least cost. That it is for the Lord & Council to pass such laws as may be necessary to ensure that he may fairly expect to have in the course of the year a recess of 2 months. On the other hand, I am of opinion that considering the amount of service required for this purpose, the public has a right to expect from the Justice of this Colony a prompt and efficient administration of Justice.

Insisting very strongly on my concurrence in the necessity of an expeditious & cheap administration of Justice, I am subject to the early & careful consideration of Your Lordship. I have recommended taking from trouble or from expense which they may be convinced that there is none.

On behalf of the Public, I am convinced that in dealing with it, we should more directly comply with the importance of Justice with humanity and assiduity.

Amir