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containing assurance that he would immediately take the necessary official steps and do his duty. We only mention this to shew your Excellency how necessary it is that the Landdrosts should now and then visit their distant districts.

This is not in every respect remedied by sending a Commission for administering Justice in the Country Districts, because this Commission only goes from one Drostdy to another along the common road, in order there respectively in their judicial capacity to take cognizance of and then exercise their functions in criminal cases which have been either previously investigated by the Landdrosts in order to be prosecuted before the Commission, or of such as are brought forward on their arrival. The Commission therefore does not travel in each of the Districts in all the Wards or Fieldcornetships of the same; if this were to take place, the journey could not be finished in a year. Several of the far distant quarters remain, and therefore the inhabitants of them have not any access to the persons of the Commission in the districts themselves.

We therefore conceive we should also submit to your Excellency's consideration, under the remarks we have taken the liberty to make, the utility of recommending to all the Landdrosts, some of them to whom it may be convenient at least once a year, others once in two years to visit all the Wards in person, or the residence of each of the Field Cornets in all the districts, and that after having given previous notice to all the families of that Ward. By these means there would be not a single corner of the country but what would be visited, and not beyond the eye of the Magistrate of the District; hereby every Landdrost would annually have an opportunity particularly to attend to the proceedings of the Field Cornets, to the compliance with the Government Proclamations, and to examine the hire contracts of Hottentots and other retroacts at the Field Cornets, the pretext of not having an opportunity to bring forward crimes or complaints would then entirely cease, and the Landdrosts besides by so doing would become particularly and personally acquainted with the situation and real interest of every part of their Magistracies. The time for these journeys should be adapted according to the circumstances of business at the Drostdies, and according to the season of the year, partly at the expense of the Treasury of the district and partly at that of the respective inhabitants by furnishing relays of cattle in each

Ward, and which as being for the general good they could and ought to facilitate, and a regular record should be kept of all their proceeedings.

For the rest, with respect to the Commission itself for administrating justice in the Country Districts, in case it be your Excellency's intention that it should punctually take place every year, we conceive that on this point we might suggest some little alteration to be made in the manner and time for the journey.

For one and the same Commission to begin business so near the Town as Zwellendam, and then to have the prospect of visiting George, Uitenhage, Graaff Reinet, and Tulbagh in the uncertainty of the time it will be necessary to remain at each Drostdy, because that depends on circumstances and on the cases to be brought forward, is not very encouraging. Besides to begin at Zwellendam, then at Graaff Reinet, and to finish at Tulbagh makes the journey from Uitenhage to Graaff Reinet, and from the barren Carroo, where the thermometer is frequently from 106 to 108 degrees in the shade, and that in an ox waggon, is very fatiguing and even oppressive to the Commission, and especially for old gentlemen, of the Court of Justice. We should therefore beg leave to propose that the respective landdrosts should be directed yearly to give in a report before the beginning of August what criminal and civil cases were noted in order to be prosecuted before the Commission, so as to judge therefrom of the necessity of visiting the far distant districts that year or not. Notwithstanding that we believe such to be necessary in the neighbouring drostdies, in consequence of their greater population and other circumstances, but at least as far as regards the judicial proceedings it is not as yet necessary in the far distant districts every year.

The Commission might then visit those districts only once in two years, and in the meantime visit the Drostdies of Tulbagh, Zwellendam and even George, every year. But in case it appeared from the said report of the landdrosts that there was a necessity for visiting the distant drostdies, in such case to make the following alteration in the manner of proceeding of the Commission, namely to divide the Commission for administering justice in the country districts into two, one of which should visit Zwellendam, which is not more than 4 days journey from the Cape, and from thence to return by way of Tulbagh. For this Commission no preparations of any consequence would be necessary, the relays of horses

along the high road would be furnished by the Field cornets, in the route, according to custom, and this Commission could very easily complete the business during the vacation. The other commissions should on the 1st or in the beginning of September proceed immediately to Graaff Reinet; this could be done in 10 or at all events 12 days; by so doing the Carroo would be passed in the very best months, otherwise so barren and tiresome, at least it would not then be unpleasant, everything is then green and wears a pleasant aspect, and there is plenty of water, which in Summer there is a want of for both men and cattle.

From Graaff Reinet to Uitenhage is but 4 or 5 days journey, and that also at the best season of the year; from thence to the drostdy of George is some days longer, but in proportion as the days become warmer one gradually comes into cooler climates, such as the Lange Kloof, Outeniqua Land, George, and so back. The prospect of the task being finished here (the journey from George to Cape Town could be done in 8 or 9 days) would keep the spirits alive, and the time would pass away without thinking of it, and particularly for old people, when otherwise the journey certainly cannot be called anything else than tiresome and disagreeable. By so doing in such cases, where the whole of the commission should take place, there would be but little time over at the end of the vacation in Cape Town before that the commission would have finished all their proceedings in the country districts, and in the meantime the court, if anything extraordinary happened, being completed by augmented members, could again proceed to business, unless such extraordinary cases required the presence of the commission longer in the country, which however is not to be reckoned upon, as depending on circumstances, a thing which as in other casualties one should put up with. The Commission for Swellendam and Tulbagh (which can conveniently take place during the whole of the Summer) could even commence their journey at the time or just before that the Commission in such case was expected from Graaff Reinet, which would certainly be accompanied with the least inconvenience both to the court and the respective members.

Herewith now, Sir, we conceive that we have performed the task with which we have been charged by your Excellency's warrant of the 20th September 1811 to the best of our ability; we hope that the manner and forms which according to Government

Proclamations we have established at the different drostdies for the administration of justice will meet with your Excellency's approbation, and that for as far as this report may appear too extensive, or to contain other matters than what require strict judicial notice, it may be attributed to the anxiety of the Commission on their first journey to make your Excellency acquainted with everything of any consequence, and to submit our humble remarks to your Excellency's better judgment, and therefore much more for the promotion of the service than from any wish to meddle with the affairs of Government further than in the judicial branch, and that we may be considered as having fulfilled, or at least as having endeavoured to fulfil, the intention.

In the meantime we cannot close this report without in particular doing justice to the landdrosts, heemraden, fieldcornets, and indeed to all the inhabitants whom we met with in our journey, from whom we not only experienced every deference and respect due to a commission of justice, but all possible help and assistance, by which we were enabled even beyond our expectations to complete our journey with safety and our business much more speedily than we could have supposed. The care and attention among others of the fieldcornets and inhabitants residing in the route, and particularly when there were difficult roads or dangerous rivers to pass, deserves nothing less on our side than that we should with sentiments of acknowledgement make favorable mention of it to your Excellency in this report.

Wishing your Excellency every prosperity and the blessings of Heaven in your government of this colony, we have the honor to subscribe ourselves,

With sentiments of the highest consideration and respect, Sir, Your Excellency's most obedient humble servants, the President and Members of the Commission for administering justice in the country districts,

(Signed)

CAPE OF GOOD HOPE, 28th February 1812.

W. S. VAN RYNEVELD,
P. DIEMEL,

F. W. FAGEL.

Annexures to the Report of the Commission of Circuit.

No. 1.

Oath for P. Maré, acting landdrost of Graaff Reinet in his present capacity as ad interim officer of justice.

"I promise and swear to be true, faithful, and obedient to His Majesty George the Third, by the Grace of God King of Great Britain and Ireland, Defender of the Faith, &ca, &ca, &ca, that I shall bona fide act in my office as provisional officer of justice of the district of Graaff Reinet with zeal and punctuality, that as soon as any crimes or suspicion of crimes now to be prosecuted by me may come to my knowledge, I shall without delay endeavour to trace out as far as possible the real truth and do everything which my office requires, that I shall proceed therein with sincerity, honor, and impartiality, without regarding the accused, his friends, or favorites, without oppressing the innocent, and further that I shall to the best of my power faithfully observe and follow the instructions in observance in this respect, as well as everything else which the duties of my present situation may require from me."

So help me God Almighty.

No. 2.

Statement of all the criminal and civil cases which have been brought before the commission for administering justice in the country districts:

DROSTDY OF SWELLENDAM.

Criminal.

No. 1. The landdrost R. O. contra Stephanus Johannes Cloete, in a case of wilfully shooting of a female Hottentot, named Mietje, committed in the year 1807. After due examination and the informations being closed, reserved for the full court agreeably to the 2nd and 43rd Articles of the proclamation.

No. 2. The landdrost R. O. contra Johannes Jacobus du Toit, in a case of disobedience of the commands of his field-cornet and of his making use of disrespectful expressions respecting orders issued by the landdrost. Terminated by Sentence.

No. 3. The Landdrost R. O. contra Daniel Benjamin Lombard,

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