NRS-4560 | Rules and orders

Volume 4/7857B comprises the Rules and Orders of the Governor's Court drawn up by the Judge Advocate, Ellis Bent, before his death in 1815. In this manuscript volume there are 67 numbered rules, including those concerning the admissibility of attorneys to practise, regulations concerning the issuing and returning of writs, the keeping of court records, the execution of judgments, the giving of sureties for appearance, provisions for trial in actions where the sum sued for did not exceed £5, rules for pleading, and so forth. Each rule was given a short title which is contained in the margin. Bent's rules remained officially in force through the Judge Advocacy of Garling and until Wylde introduced a simplified procedure in 1817, although minor changes prior to this were reported in the Sydney Gazette. Judge Advocate Wylde's annotated printed copy of the Rules and Orders, containing additional rules in his own hand and notes on which of the original rules were "not in operation" in October 1821, is to be found in the Mitchell Library. A small number of rough manuscript drafts of new rules, including some of those later printed in the Sydney Gazette and/or entered by Wylde in his printed copy, have been retained in a separate volume (4/7857A). Also included with these are pages 41-56 (containing rules 36-61) from the printed version and two rough drafts of proposed procedural forms. (4/7857A-B). 2 vols. Note: This description is extracted from Concise Guide to the State Archives of New South Wales, 3rd Edition 2000.

第4/7857B卷收录了由军法官（Judge Advocate）埃利斯·本特（Ellis Bent）于1815年逝世前制定的总督法院（Governor's Court）规则与命令。该手稿卷共计67条编号规则，内容涵盖律师执业准入规范、令状签发与退回规程、法庭记录保管细则、判决执行流程、出庭担保要求、诉讼标的不超过5英镑的案件审判条款、抗辩规则等诸多方面。每条规则均配有侧边栏标注的简短标题。本特制定的上述规则在加林（Garling）担任军法官期间，直至1817年怀尔德（Wylde）引入简化诉讼程序前，始终保持正式效力——尽管在此之前已有少量修改内容刊登于《悉尼公报》（Sydney Gazette）。军法官怀尔德的带注释印刷版《规则与命令》副本现藏于米切尔图书馆（Mitchell Library），该副本收录了他亲笔添加的额外规则，以及标注了1821年10月时哪些原规则"not in operation"的批注。另有少量新规则的手稿草稿（其中部分后续刊登于《悉尼公报》，或被怀尔德录入其印刷版副本）被单独收录于第4/7857A卷中。该卷同时还包含印刷版文本的第41至56页（对应规则36至61），以及两份拟议程序表格的草稿。本系列包含4/7857A与4/7857B两卷。注：本描述摘录自2000年第3版《新南威尔士州档案馆简明指南》（Concise Guide to the State Archives of New South Wales）。