AGY-2165 | Police Magistrates for the Town and Port of Sydney

Full description

The office of Police Magistrates for the Town and Port of Sydney was created by An Act for regulating the Police in the Town and Port of Sydney and for removing and Preventing Nuisances and Obstructions therein, 1833 (4 William IV Act No. 7).

The Act enabled the Governor to appoint two or more persons as Justices of the Peace to perform the duties of Police Magistrates within the town and port of Sydney and a number of other duties aimed at maintaining order in the Town. (1) A major function of the Magistrates was to suppress ‘all tumults, riots, affrays or breaches of the peace all public nuisances vagrancies and offences against the law’ and to see that regulations for the conduct of convicts were upheld. (2)

The Magistrates could select ‘fit and able men’ who would be sworn under oath as constables and whose main duties were to apprehend robbers and other criminals, loiterers and other nuisances and to remove obstructions. The constables were required to obey all instructions of the Magistrates relevant to the exercise of their duties. (3) The Magistrates were responsible for compiling orders and regulations for the police force including their ranks and relevant duties, arms and equipment issued to them. The Magistrates could suspend or dismiss a constable for neglect of duty or for proving unsuitable. (4) The main function of the constables was to apprehend drunk, disorderly or loitering persons and take them to a watch house until they could be examined by a Justice of the Peace or bailed until the hearing was arranged. (5) Police officers were protected by law and fines were imposed for assaulting or inciting the assault of a constable. (6) A range of civil offences were identified in the Act including harbouring a policeman during hours when he should be on duty (7); failure of observe the Sabbath (Section 10-11); damaging public buildings (section 12) fouling waterways (8); damaging water supply infrastructure (9); littering and obstructing streets or public places (10); discharging firearms unnecessarily (11); burning rubbish in the street (12); bathing in Sydney Cove or Darling Harbour between prescribed hours (13); indecent exposure (14); keeping pigs and erecting hog sties in prohibited areas, and a range of egress, public health, safety, cleanliness and building offences were also identified and some trades and occupations were regulated. Both convicts and seamen were required to carry identification. (15)

The Justices summarily heard offences under this Act. The accused person was required to attend hearings and witnesses could be compelled to attend. (16) Appeal against the decisions of the justices was available to the Court of Quarter Sessions. (17)

The first Police Magistrate (Henry Croaisdale Wilson was appointed on 1 October, 1833 at a salary of £600 p.a. (18) The first magistrate was effectively the police administrator (19) and the other two other Magistrates - Charles Windeyer and Ernest Augustus Slade (replaced by Robert Stewart on 5 November 1834) (20) presided at the bench. (21) In 1835 the establishment of the Police Magistrates was as follows - three police magistrates, a chief clerk and eight clerks, Chief Constable and Assistant Chief Constable, one Superintendent, six Inspectors, 20 sergeants, a district constable, 122 constables an office keeper, two messengers, two conductors of water police, 11 boatmen, 4 constables and boatmen a conductor of women at the Factory, Parramatta, and a constable of the Female Watchhouse.

On 7 November, 1839 Henry C. Wilson was suspended as First Police Magistrate and on 14 November Joseph Long Innes was appointed Police Magistrate and Superintendent of Police. (22) The office of First Police Magistrate was abolished by despatch from the Secretary of State on 22 July, 1840 although the positions of second and third magistrates and the office of Police Magistrate and Superintendent of Police continued. (23) Joseph Long Innes was succeeded by William Augustus Miles as Superintendent of Police from 21 August 1841. (24) The Superintendent of Police was re-named Commissioner of Police by 1843. (25)

In 1844 the number of Police Magistrates appears to have been further reduced to one (Charles Windeyer) whose designation was Senior Police Magistrate. (26) On 15 March 1848 Joseph Innes returned to the Police Magistrates with the designation Superintendent of Police (substituting for the Commissioner of Police) and Miles became 'Police Magistrate'. (27) The Legislative Council declined to pay the salary of the Police Magistrate and the office was abolished on 31 December, 1849 although the offices of Senior Police Magistrate and Superintendent of Police remained. (28)

The Report of the Select Committee on Police in 1850 recommended the adoption of a unified system of policing in the Colony under a General Superintendent to be established by legislation. (29) The Act for the Regulation of the Police Force in New South Wales of 1850 (14 Vic, No.38) provided for establishment of a colonial police force headed by an Inspector General supported by a network of provincial inspectors. (30) The proclamation of the act ended locally organised police forces in New South Wales and the domination of the police force by the magistracy.

Endnotes
1 An Act for regulating the Police in the Town and Port of Sydney and for removing and Preventing Nuisances and Obstructions therein, 1833 s. 1.
2. Ibid s. 3.
3. Ibid. s. 4.
4. Ibid. s. 5.
5. Ibid. s.6.
6. Ibid. s.8.
7. Ibid. s. 9.
8. Ibid s.13.
9. Ibid. s. 14.
10. Ibid. s. 14-17.
11. Ibid. s. 19.
12. Ibid. s. 20.
13. Ibid. s. 21.
14. Ibid. s. 22.
15. Ibid. s. 44 45.
16. Ibid. s. 67-68.
17. Ibid. s. 20.
18. NSW Government Gazette No.83, 2 October 1833, p.395; Returns of the Colony of New South Wales, 1835 p. 104.
19. Golder, Hiliary 'High and Responsible Office': a history of the NSW Magistracy. Sydney University Press, 1991, p.41.
20. NSW Government Gazette No.83, 2 October 1833, p.395; NSW Government Gazette No.141, 12 Nov 1834, p.786; Returns of the Colony of New South Wales, 1835, p.104.
21. Golder Op. Cit.
22. Returns of the Colony of New South Wales, 1839, p.176.
23. Returns of the Colony of New South Wales, 1840, p.192 n.
24. Returns of the Colony of New South Wales, 1841, p.182.
25. Returns of the Colony of New South Wales, 1843, p.220.
26. Returns of the Colony of New South Wales, 1844, p.258.
27. Returns of the Colony of New South Wales, 1848, p.278.
28. Returns of the Colony of New South Wales, 1849, p.314.
29. Report of the Select Committee on Police. Votes and Proceedings of the Legislative Council during the session of the year 1850. Volume II pp 399- 412.
30. The Act for the Regulation of the Police Force in New South Wales, 1850 (14 Vic. No.38) s. 1-2.