Category Archives: Imperial legislation

Federal Council of Australasia

If searching for missing Acts is like finishing a jig saw puzzle and realising the picture is not complete, then finding ten Acts that appear to have duplicate numbers is akin to having bits left over after you have assembled … Continue reading

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Transportation

Two notable features in the 17th and 18th centuries in England were the severity of the criminal justice system (resulting in overcrowded prisons) and the development of overseas colonies (with a consequent demand for labourers). Transportation to “distant lands” was … Continue reading

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Imperial legislation relating to the Charters of Justice in 1823 and 1831

An Act for the Administration of Justice in New South Wales and Van Diemen’s Land, 1823 (4 Geo IV c 96) repealed An Act Constituting a Court of Criminal Judicature in New South Wales, 1787 (27 Geo III c 2). … Continue reading

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Imperial legislation and the 1787 and 1814 Charters of Justice

An Act Constituting a Court of Criminal Judicature in New South Wales, 1787 begins by reciting the provisions of An Act for the effectual transportation of felons and other offenders; and to authorise the removal of prisoners in certain cases, … Continue reading

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Law of Outlawry

In English law an outlaw was someone who had literally been put outside the protection of the law. Outlawry normally occurred because of a criminal or civil action, although the process could occasionally begin with a petition in parliament. Criminal … Continue reading

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Draught Instructions for Governor Phillip 1787

  The Draught Instructions for Governor Phillip, 25 April 1787 set out the constitutional foundation of the Colony of New South Wales that would apply when Captain Arthur Phillip arrived at Botany Bay in 1878. The original Instructions that were … Continue reading

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Third Charter of Justice establishes a Supreme Court in Van Diemen’s Land

One of the major recommendations of the Bigge Reports  was the need for Van Diemen’s Land to have its own court system. The 1823 Act for the Administration of Justice in New South Wales and Van Diemen’s Land established Supreme … Continue reading

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Application of the Second Charter of Justice to Van Diemen’s Land

The Second Charter of Justice maps the first part of the journey of Van Diemen’s Land from being a dependency of the Colony of New South Wales to having its own legislative and judicial systems. The Lieutenant Governor’s Court, presided … Continue reading

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The operation of the First Charter of Justice in Van Diemen’s Land

When Governor Arthur Phillip arrived at Sydney Cove in January 1788 with 850 convicts, guards and officials, he had absolute authority over everyone in the colony, including the Aboriginal inhabitants. The legal basis for Phillip’s authority was the First Charter … Continue reading

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