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Native Tribunals In The Gold Coast 1844—1927

Published online by Cambridge University Press:  28 July 2009

Extract

Throughout British Africa today the future of the native courts (otherwise called African, customary, or local courts) is in the melting-pot, and is the subject of much discussion and deep concern. Considerable legislative and administrative changes affecting these courts are already being made, especially in West Africa. What are to be the relations between the superior courts of a territory, predominantly administering English law, and the native courts whose primary law remains African customary law? How are the law, practice and procedure followed by native courts to be moulded and modified to adapt them to the conditions of today and tomorrow? In the study of these important questions a backward glance at history does not come amiss, and may indeed help to illumine the problems of the present.

Type
Articles
Copyright
Copyright © School of Oriental and African Studies 1957

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References

2 Cruickshank, I, 186–7.

page 164 note 1 Select Committee, 1842, Report, (i), (iv), (v).

page 164 note 2 Cf. Cruickshank, I, 194.

page 164 note 3 Ibid., I, 195.

page 165 note 1 Ibid., I, 288.

page 165 note 2 Not all the allied chiefs signed the Bond at the time. I have not yet been able to trace whether (and, if so, when) the rest adhered to the Treaty; but this point is not mentioned by any of the authorities as affecting the jurisdiction thereafter claimed by the British over the whole Protectorate.

page 165 note 3 The enforcement of a claim by seizure of the debtor or one of his relatives.

page 165 note 4 Sarbah, Fante National Constitution, 99.

page 165 note 5 Hence domestic slavery was tolerated in the Protectorate until the Slaves Emancipation Ordinance of 1874.

page 166 note 1 Cape Coast Castle, Dixcove, Anomabu, James Fort, Winnebah.

page 166 note 2 The Legislative Council consisted of two officials and two nominated unofficials, all Europeans.

page 167 note 1 He replaced Cruickshank in 1850, Cruickshank having succeeded Maclean in 1847 on the latter's death.

page 167 note 2 Several of the Assessors, notably Cruickshank, Marshall and Chalmers, expressed their favourable opinion of native customary law as the appropriate legal system for natives; Marshall thought the customary law better suited to the native population than “our elaborate and intricate laws of real and personal property”. This system of law “it would be better to guide, modify and amend, rather than to destroy by ordinances and force”.

page 168 note 1 For a list of holders of the office of Judicial Assessor, see the Table post, at p. 170.

page 169 note 1 Sources: Sarbah, “Maclean, etc.”, 9 J. A. S. 349; and other references.

page 169 note 2 Fitzpatrick appointed in 1850 acc. to Sarbah.

page 169 note 3 1873 acc. to Marshall; cf. 16 J. Anthropological Inst. 181; 1872 ace. to Sarbah, 9 J.A.S. 349.