NRS-2652 | Case papers [Court of Appeals]

Full description

Letters patent establishing courts of civil and criminal jurisdiction were issued in 1787. The Civil Court provided for was to consist of the Deputy Judge Advocate and two “fit and proper” persons (assessors) appointed by the Governor (or, in his absence, by the Lieutenant-Governor) and was to determine, in a summary way “all pleas concerning Lands, Houses, Tenements and Hereditaments, and all matter of interests therein, and all pleas of Debt, Account or other Contracts, Trespasses, and all manner of other personal pleas whatsoever”. The Court was also empowered to grant probate on wills and administration of the personal estate of intestates dying within the settlement. This meant that the Court was granted jurisdiction over every form of civil action, and that no distinction was made between law and equity.

Where either party was dissatisfied with the decision of the Court an appeal could be lodged, within eight days of the judgement of the Court, with the Governor (or, in the event of his death or absence, the Lieutenant-Governor), who was authorized to sit as a court of appeal and issue processes of summons and execution similar to process employed in the Civil Court; if either party continued to be dissatisfied after the determination of the Governor, the amount in dispute exceeded £300, an appeal could be made to His Majesty in Council within fourteen days of the decree of the Governor.(1)

Case papers in appeals are incomplete in some cases, but may include: notices of appeal, memorials of appellants, answers of respondents, recognizances entered into by appellants to meet the original verdicts, and the Governor's awards. Case papers and copies of minutes of proceedings of the Court of Civil Jurisdiction may also be included.

If the amount in dispute exceeded the prescribed amount a further right of appeal could be made to the King-in-Council. Only a few appeals to the Privy Council have survived, and in each case they have been filed with the relevant Appeals Court case papers.

A list of surviving Appeals Court case papers, arranged chronologically by year of appeal (up to 1828), can be found in Appendix C of the published inventory.

Endnotes:
(1) Court of Civil Jurisdiction 1797-1814. Record Group NCCJ. AONSW G9


1796, 1801-28 (2/8132-36, 2/8138, 2/8140-43, 2/8146, X1984-87). 15 vols.

Note:
This description is based on Concise Guide to the State Archives of New South Wales, 3rd Edition 2000.