Full description
The Governor’s Court was established by Letters Patent 4 February 1814 (Second Charter of Justice). The Court exercised full power and authority to hold Plea of and to hear and determine in a summary way all Pleas concerning Lands, Tenements, Hereditaments and all interests. The Court considered all Pleas of Debt, Account or other Contracts, Trespasses and all personal Pleas whatsoever, where the sum in dispute or property value did not exceed £50 Sterling.
The Governor's Court established in these Letters Patent did not convene until January 1816 owing to the illness and subsequent death of Judge Advocate Bent. It was initially presided over by Mr F. Garling until the arrival of Mr Judge Advocate Wylde who simplified the procedures to those more in keeping with the purpose of the Court - the recovery of small debts. The Governor's Court convened at Parramatta, Liverpool or Windsor if there was sufficient business. It was ordered in March 1817 that where the sum in dispute was £10 or more a solicitor should assist both parties at a minimum fee of one guinea. This was altered on 6 November 1818 to give a person the right to represent themselves with the assistance of a solicitor for the examination of witnesses.
The Governor’s Court was abolished by Letters Patent pursuant to the Act 4 Geo. IV, c.96 known as "the Charter of Justice" or "the Third Charter". (1). This charter was formally promulgated on 17 May 1824. (2)
Endnotes
1. Windeyer W. J. V., Lectures on Legal History, Second Edition, Sydney, The Law Book Company, 1957, (reprinted 1974), p.310.
2. Promulgation of the Third Charter Justice 17 May 1824, Historical Records of Australia, Series I, Volume XI, p.302.
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