75 research outputs found

    Informal Land Titles: Snowden v Baker (1844)

    Get PDF
    Snowden v Baker (1844) concerned the judicial recognition of informal land titles. This article compares the treatment of this broad question in Newfoundland and New South Wales, with Snowden v Baker.In Newfoundland and New South Wales, informal titles gained legal recognition. This happened in Newfoundland through judicial creativity, including statutory interpretation. In New South Wales, the formal law was applied more strictly, but was softened when commissioners were appointed to assess whether Crown discretion should be exercised in favour of those dispossessed due to informality.Both methods were used in New Zealand, where the informal titles of British settlers derived from sales by Māori land owners. Titles purchased from Māori owners were declared null and void unless based on Crown grants. As in New South Wales, commissioners were appointed to advise whether such grants should be made. In Snowden v Baker, Martin CJ used statutory interpretation to take a further step, by holding that titles derived from Māori sales had a contingent validity until affirmed or denied by the Crown

    Law Reports from a Non-Colony and a Penal Colony: The Australian Manuscript Decisions of Sir Francis Forbes as Chief Justice of Newfoundland

    Get PDF
    The author reports on the existence and contents of a manuscript copy of a selection of judgments by Sir Francis Forbes while he was Chief Justice of Newfoundland from 1817-1822. The manuscript found its way into the State Library of New South Wales sometime after Forbes\u27 translation to New South Wales as its first Chief Justice in 1823. The author comments on the insights these manuscript reports afford of the early legal history of Newfoundland as it developed into a British colony. In particular, he draws attention to the significance of twenty-nine judgments in the manuscript but not available in any published series of case reports

    Decisions of the Superior Courts of New South Wales, 1841

    No full text
    NaN page(s

    Decisions of the Superior Courts of New South Wales, 1788-1899

    No full text
    Colonial Case Law ProjectNaN page(s

    Cases concerning Aborigines

    No full text
    Part of the Colonial Case Law Project. Includes original documents on Aborigines and the law

    Outsiders : tales from the Supreme Court of NSW, 1824-1836

    No full text
    This book tells some of the stories which were first heard in the Supreme Court of New South Wales between 1824 and 1836, concentrating on three groups of people who were regarded as legal outsiders.These stories tell us much about the life of convict New South Wales and illuminate the colony's history through the history of its law.1 Edward Colthurst's crimes -- 2 More murders of aborigines -- 3 Aboriginal murderers -- 4 Bushrangers on the Monaro Plain -- 5 The sad story of Sam the cuckold -- 6 A barrister is murdered at Petersham -- 7 Brutality at Castle Forbes -- 8 Violence at Norfolk Island -- 9 The trials of Edward Smith Hall -- 10 The seduction of Mary Anne -- 11 Violent women -- 12 Limitations on wives and convicts -- 13 Outsiders in law
    corecore