Lieutenant Governor’s Court Van Diemen’s Land 1815-1823

In July 1812 the House of Commons published the Report of the Select Committee on Transportation; The Committee had been set up to inquire into the effectiveness of sentences of transportation and other matters in the Colony of New South Wales and its Report made significant proposals for reforming the judicial arrangements in the Colony, including the settlements in Van Diemen’s Land, recognising the ‘great inconveniences that are felt … from the want of a Court of Justice’, pointing out:

… the jurisdiction of the Magistrates is all that the inhabitants have to look for their protection against offenders; and for the settlement of civil differences, they have no power within the Colony, of appealing to the law; all causes and great offences are removed for trial at Port Jackson, to an inconvenience and expense too manifest to need any remark; a Judge Advocate is already appointed, and the additional expense to be incurred by the complete formation of a Court, adapted to the male population of that colony would not be great …

It is true that a Judge Advocate has been included on the staff of Lieutenant Governor David Collins when he left England in 1803 to form a settlement ‘on the southern coast of New South Wales to the northward of Basses Streights and on King’s Island, or any other island within the said Streights’ – see transcript of Commission. Collins’s eventual choice for a settlement was on the banks of the Derwent River in Van Diemen’s Land, but the original appointee, Benjamin Barbaud, did not sail with the expedition after being granted permission to delay his departure on account of urgent private business.

In January 1804 Samuel Bate was appointed to replace Barbaud, who had shown no enthusiasm to take up his appointment. When Bate finally arrived in Van Diemen’s Land in May 1806, he did not bring with him any authority to establish a new criminal court similar to the one operating on the mainland. As a result he only ever sat as a magistrate, though continuing to draw a Deputy Judge Advocate’s salary until his dismissal in February 1814, when the Second Charter of Justice established a Lieutenant Governor’s Court under letters patent dated 4 February 1814. The Court was established in the Colony of Van Diemen’s Land with 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 manner of interests therein. It considered all pleas of debt, account or other contracts, trespasses and all manner of personal pleas whatsoever, where the sum in dispute or property value did not exceed £50 Sterling.

Edward Abbott was appointed Deputy Judge Advocate of Van Diemen’s Land, but did not assume office until December 1815. In early 1815 Lieutenant Governor Davey had proclaimed martial law to try to deal with the bushranging problem, even though he had no legal power to do so. The new Deputy Judge Advocate had strongly advised Davey not to take this step and when the Lieutenant Governor ignored his advice Abbott felt he could not open a civil court while martial law prevailed, which it did until November 1815.

Abbott regarded his Court as a place of justice and right rather than a court of law or equity. The Court was a court of requests as no appeal mechanism existed to dispute the judgments. 1400 complaints were entered in the first session of the Court, which included disputes from all regions of Van Diemen’s Land. Abbott insisted that northern residents make the journey to Hobart Town so that he might not have the inconvenience of moving the Court to Launceston. He presided as Deputy Judge Advocate of Van Diemen’s Land, until the office was abolished in 1823 with New South Wales and Van Diemen’s Land becoming separate colonies under the New South Wales Act, 1823. The Lieutenant Governor’s Court was replaced by the new Supreme Court of Van Diemen’s Land.

 

About dashea2014

A Law Librarian with extensive experience in general legal and court libraries. Editor of the Australian Law Librarian for 4.5 years (2008-2012) and active member of Law Libraries Tasmania. Special topics - Tasmanian legislation and case law. A passion for maintaining print resources.
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