, 1885-02-11
P r @ E E D N IS
OF THE
g0W@go2
FOR ST. CROIx.
Continuation oMeetimg of End Feb. 1885.

"OO"V"Y SN~ AC1Os
The Gouernmentsecretary said, in intro.
duclng this Draft, he would beg to add,
that it is the unsatisfactory way under
which the system of Court Witnesses had
been labouriEg, which had led to this
Draft having been brought forward. Ac-
cording to the existing Rules 4 Court Wit
nesses i'll each jurisdiction have been ap.
pointed every year by the respective
Judges, subject to the approval of the Co.
yernment; it was optional to the parties
whether they would appear themselves or
would send a substitute, subject to the APP
prevail OF the judge. This is rather an un.
satisfactory manner, as frequently such
Court Witnesses do not understand the
language of the Court, and in case they
wish to appear in person they place them
selves i'll an awkward position. not cores.
pondent to the responsibility of the situa.
ton. They therefore generally found il
more suitable to appear by substitutes, who
are generally chosen among the Clerks
or Writers in the Courts.-He begged,
however to remark that this referred only
TO the Town Courts; in the Police Courts
it had by long practice become the rule
that the position Of Court Witnesses there
Was filled by police onStableS-; it was in
the Town tourts burghers were appointed,
and appeared either in person or by sub
StltuteS. The Government had therefore
considered it advisable to come to a better
state in that respect, and as there would
scarcely lie found persons verSed in both
languages willing, except at unreasonable
terms, to leave their other business for
serving as Court Witnesses, it was con.
Sidered adequate to legaliSe the admittance
Of Clerks and Writers in the Judges, Of
fees, as they are the only persons possess.
ing sufficient knowledge of both languages
who can attend as Court Witnesses without
detriment to their other duties. 1t might
be thought strange to take Court Witness
eS principally from among men i'll positions
of dependence towards the Courts or the
Judges but considering the peculiar state
of things in this island, where there are SO
few possessing linguistic qualifications for
the post, and considering the long expert.
ence gained i'll that respect, from which no
bad consequences have hitherto resulted,
the Government must consider it most eco
nomical and consistent with the interests
of all to legalize the old practice; and
there is one point which must not be over
looked; the Witnesses must according to
s 4 of the Draft in future, be sworn In ;
this has not been lone before, but will i'll
future strengthen their competency and
place them in a position to take heed of
all that transpireS in the Court indepen-
dent of authority. These are the main
features of the Draft before the Council;
for the rest he would beg to refer to the
Draft and to the Motives accompanying it.
2nd Member for Christiansted (LemmsngJ
said he was about to make a proposal
which was not customary here, but which
was recommended by the circumstances,
namely before entering upon the discus
sion on this Draft to recommend that it be
proposed to the Government to postpone
this lst discussion on the Draft. His rea-
sons for doing so were, firstly, that we are
here to-day without two of the Councils
members who know something of the mat
ter, viz: Members Wassard and Nyssum,
and it would no doubt be readily agreed
that when dealing with q matter Of this
kind. it is desirable that all the Members
educated in law be present and take part
in the discussions from the first; moreover
there are but few members present to-day.
Next again, this Draft is for an Ordinance
that is to be in common with st. Thomas ;
as yet we know not how the matter will be
taken there; it has been before the Colo
NAL Council there, but we have no know
ledge of the views entertained there on it.
On a former occasion we had . Draft