Francis Stewart Boyce

Brief description

PER-9

Full description

Francis Stewart Boyce was born on 26 June 1872 in Rockley, New South Wales, the son of the Reverend Francis Bertie Boyce and his first wife, Caroline nee Stewart. He was educated at the King's School Parramatta, Sydney Grammar School and Rugby School, England (1885-1889), and studied law at the University of Sydney (BA 1893 First Class Honours, LLB 1896 Second Class Honours). (1)

Boyce was admitted to the New South Wales Bar on 19 February 1897 and practised on the Western Circuit. He acted as counsel for Jimmy Governor at his trial in Sydney on 22-23 November 1900 for the murder of Helen Kerz at Breelong on 20 July. Boyce's defense of 'autrefois aquit' and 'autrefois attaint', argued that as a result of being declared an outlaw Governor had already been attainted and could not be tried for the same crimes. The case had to go to the Full Court and Governor was convicted. An appeal was dismissed, and Governor was hanged on 18 January 1901. (2)

Boyce built up a large legal practise. As well, he was an Acting District Court Judge and Chairman of Quarter Sessions on a number of occasions - in the South-western District in 1916 and 1917 (16-21 October 1916, 30 October-8 November 1916, 28 February-14 March 1917); in the Northern District from 9 to 14 November 1916; and in the North-western District from 8 to 14 July 1917. He was appointed a King's Counsel on 14 March 1924. (3)

Boyce took a keen interest in politics. In the late 1890s he was one of the Honorary Secretaries of Sir Edmund Barton's New South Wales Federal Association and campaigned for Federation and the adoption of the Constitution Bill. At the New South Wales election of 6 August 1904 he unsuccessfully stood as a Liberal and Reform Party candidate for the seat of Phillip. He was a member of the finance committee of the Universal League in 1916 and later active in the National Association of New South Wales. On 3 August 1923 Boyce was nominated to the Legislative Council. From 4 March 1924 to 17 June 1925 he was a Member of the Executive Council and an honorary Minister without portfolio in the 41st Fuller Ministry. In the 44th Bavin Ministry from 18 October 1927 to 3 November 1930, Boyce was Attorney-General, Vice-President of the Executive Council and leader of the government in the Legislative Council. In 1931 he was leader of the Opposition in the Council. He retired from the Legislative Council on 17 June 1932. (4)

Boyce was appointed an Acting Judge of the Supreme Court of New South Wales in the Matrimonial Causes jurisdiction from 17 June to 27 August 1932. On 21 July he was appointed to act as a Puisne Judge in all jurisdictions from 22 July to 27 August. On 19 August 1932 Boyce was appointed a Puisne Judge of the Supreme Court starting from 28 August 1932 with the rank and precedence next after the Honourable Mr Justice K W Street. On 30 August 1932 he was appointed the Judge in Divorce and Matrimonial Causes from 28 August. He died in office on 27 June 1940. (5)

Like his father, Boyce was a member of the executive of the New South Wales Alliance for the Suppression of Intemperance. He was Honorary Secretary, then President of the Discharged Prisoners' Aid Society; foundation Chairman of Barker College Council until 1940; Chancellor of the Diocese of Grafton and Advocate for the Diocese of Sydney. A leading Freemason, he was Grand Register of the United Grand Lodge of New South Wales between 1917 and 1925, and Deputy Grand Master from 1926 to 1927. (6)

Boyce died of coronary vascular disease on 27 June 1940 at his home in Pymble, New South Wales, survived by his wife Norah nee Glasson, two sons and three daughters. (7)

ENDNOTES
1. Martha Rutledge, 'Boyce, Francis Stewart (1872-1940)', Australian Dictionary of Biography, Online Edition, http://www.adb.online.anu.edu.au/biogs/A070379b.htm (cited 11 January 2008) Cyclopedia of New South Wales, Sydney, McCarron, Stewart and Company, 1907, Modbury, SA, Archive CD Book Australia Pty Ltd, 2007, p.320; Fred Johns, Who's Who in the Commonwealth of Australia, 1922, Sydney, Angus and Robertson, 1922, p.29; Fred Johns, Who's Who in Australia, 1927-8, Adelaide, the Author, 1927, p.28; Who's Who in Australia, 1933, pp.63-4; 1935, pp.79-80; 1938, p.82; Australian Law Journal, Vol.14 (1940), p.120.
2. Barristers Admission Board; NRS 13665, Roll of Barristers, 1876-1926; Reel 2147, p.10; Cyclopedia of New South Wales, op.cit.; G. P. Walsh, 'Governor, Jimmy (1875-1901)', Australian Dictionary of Biography, Online Edition, http://www.adb.online.anu.edu.au/biogs/A090063b.htm (cited 2 May 2008)
3. New South Wales Government Gazette, No. 173, 13 October 1916, p.6053; No.178, 27 October 1916, p.6317; No.185, 10 November 1916, p.6605; No.34, 2 March 1917, p.1346; No.100, 6 July 1917, p.3416; No.37, 14 March 1924, p.1530.
4. Martha Rutledge, 'Boyce, Francis Stewart (1872 - 1940)', ADB, op.cit.; 'NSW Elections - 1904 Results', New South Wales Election results 1856-2007, http://www.parliament.nsw.gov.au/resources/nswelectionsanalysis/1904/Phillip.htm (cited 16 April 2008); 'Mr Francis Stewart Boyce [Former Member], New South Wales Parliament website http://www.parliament.nsw.gov.au/prod/parlment/members.nsf/V3ListFormerMembers (cited 14 April 2008); NSW Government Gazette, No.34, 7 March 1924, p.1400.
5. NSW Government Gazette, No.80, 24 June 1932, p.1955; No.98, 22 July 1932, p.2415; No.116, 19 August 1932, p.2750; No.126, 2 September 1932, p.3322; New South Wales Law Almanac for 1940, Sydney, NSW Government Printer, 1940, p.45; New South Wales Law Almanac for 1941, Sydney, NSW Government Printer, 1941, p.44.
6. ADB, op.cit.
7. ADB, ibid; Australian Law Journal, op.cit.

Notes

Acting District Court Judge, South-western District, 16/10/1916 - 21/10/1916, 30/10/1916 - 08/11/1916, 28/02/1917 - 14/03/1917
Acting Chairman of Quarter Sessions, South-western District, 16/10/1916 - 21/10/1916, 30/10/1916 - 08/11/1916, 28/02/1917 - 14/03/1917
Acting District Court Judge, Northern District, 09/11/1916 - 14/11/1916
Acting Chairman of Quarter Sessions, Northern District, 09/11/1916 - 14/11/1916
Acting District Court Judge, North-western District, 08/07/1917 - 14/07/1917
Acting Chairman of Quarter Sessions, North-western District, 08/07/1917 - 14/07/1917
Member of Legislative Council of New South Wales, 07/08/1923 - 17/06/1932
Minister withour portfolio and Member of Executive Council, 04/03/1924 - 17/06/1925
Attorney-General, 18/10/1927 - 03/11/1930
Vice - President of the Executive Council, 18/10/1927 - 03/11/1930
Acting Judge of the Supreme Court of New South Wales, Matrimonial Causes jurisdiction, 17/06/1932 - 27/08/1932
Acting Judge of the Supreme Court of New South Wales, all jurisdictions, 22/07/1932 - 27/08/1932
Puisne Judge of the Supreme Court of New South Wales, 28/08/1932 - 27/06/1940
Judge in Divorce and Matrimonial Causes, Supreme Court of New South Wales, 28/08/1932 - 27/06/1940