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Letters Sent by the Mayor, 1843-1848

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This item is no longer under copyright in Australia and is in the public domain. It may be used freely. When using or sharing this item attribution should be given to the City of Sydney Archives.

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Letter - Anomalous position of Chief Magistrate, 1845

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Unique IDA-00505468SeriesLetters Sent by the Mayor, 1843-1848Date28th March 1845Date qualifierexactFormatVolume - HardcoverDescriptionLetter number 117: Letter from George Allen (Mayor, Office of the Mayor) to Edward Deas Thomson (Colonial Secretary): I do myself the honor to bring under the notice of His Excellency the Governor the anomalous position of the Chief Magistrate of this City, with respect to his limited jurisdiction under certain Acts of the Council: this question of jurisdiction has been involved in some matters now pending before the Police Bench. By Section 51 of the Publicans License Act (2 Vic No 18) no night licenses within the City of Sydney can be granted except by Police Magistrates. The same jurisdiction is required under certain clauses of the Police Act (4 Will 4 No 7), and in Section 16 of the Bakers and Millers Act (6 Will 4 No 1) there is a provision that all proceedings had under the Act, and all offences against the same committed within the boundaries of the Town of Sydney, shall be determined by the justices appointed to execute the duties of Police Magistrates within the said Town. There are only two Police Magistrates in Sydney, namely Mr Windeyer and Mr Miles, one, sometimes both, of whom must be present before cases involving this question of jurisdiction can be proceeded with. As Mr Windeyer is at present absent on leave, and Mr Miles must often necessarily attend to the Executive duties of his Office, it not infrequently happens that offences under the Police Act have to remain undisposed of for several days. In addition to this inconvenience, and the delays in the business at the Police Office, it appears somewhat anomalous that the Judicial Powers of the Chief Magistrate of the City should be less extensive than those of other Magistrates. As there was no Mayor in the City when the Acts in question were passed, I would beg respectfully to suggest to His Excellency the propriety of remedying this inconvenience by amending the Acts, so as to give the Mayor of the City coextensive jurisdiction with the Police Magistrates, and, in the mean time, to grant a warrant to the Mayor, and some other City Magistrates, to execute the duties of Police Magistrates within the City of Sydney..LanguageEnglish (eng)Digitised recordYesBorn digital itemNo

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Page number52Volume number1

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Public access statusRestricted original (digital copy available)Public access notePlease acknowledge the City of Sydney Archives.

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Source system ID885-117

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Authenticity & integrityThese are original records created by the Municipal Council of Sydney. The records have been held in the Council’s custody and have a high level of authenticity. Users should be aware that these are historical records and the language used within the records was the language of the time it was captured, and may not reflect current community values or expectations.

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OrganisationSydney City Council

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Letter - Anomalous position of Chief Magistrate, 1845