NRS-2653 | Minute books [Court of Appeals]

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)Brief minutes of proceedings of the Court of Appeals normally show: date of hearing, names of appellant and defendant, nature of appellant's memorial, particulars of judgment appealed against, amount involved (inclusive of costs), and verdict of the Court of Appeals. These volumes also include copies of formal decrees of the Court, and copies of letters sent to solicitors. Volume 4/1724 forms part of the records of the Colonial Secretary and was filmed as part of the Colonial Secretary's Papers project. Endnotes:(1) Court of Civil Jurisdiction 1797-1814. Record Group NCCJ. AONSW G910 Apr 1810-27 May 1816 (4/1724; microfilm copy SR Reel 6042), 16 Jun 1817-20 Apr 1824 (4/6604). 2 vols. *ARK Note: This description is extracted from Concise Guide to the State Archives of New South Wales, 3rd Edition 2000.