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CSA045454
- George Frederick v...
- Attorney-General v...

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City Solicitor's Packets, 1834-1977 [Municipal Council of Sydney / City of Sydney]

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This item is licenced for use under a Creative Commons Non Commercial, No Derivatives (CC BY-NC-ND 4.0 International) copyright license. It allows users to copy and share the item in any medium or format for non-commercial purposes, provided the item is not changed in any way, it is attributed to the City of Sydney and the author/creator (where known), and a copyright notice is included. Full licence terms are available from Creative Commons. No warranties or other rights are provided by the licence.

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Attorney-General vs Council and others re use of Sydney Common, 1881-1899

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Unique IDA-00453042SeriesCity Solicitor's Packets, 1834-1977 [Municipal Council of Sydney / City of Sydney]DateBetween 1st January 1881 and 13th December 1899Date qualifierexactFormatLoose PapersDescription"Attorney-General & Milroy vs Municipal Council of Sydney, the Agricultural Society of New South Wales and the Sydney Driving Park Club Ltd , NSW Supreme Court of NSW in Equity Case No 5828, 19 September - 4 October 1892, which proceeded to the Privy Council, June 1894. The main question as stated by the Privy Council was what powers were given to the Council by the Act of 1861 for regulating the alienation of Crown Lands in regard to the Act of 1866 dedicating Crown Land as the Sydney Common - in particular, whether the land could only be used as pasturage or whether Council could lease it allowing it to be used for agricultural shows and races. The Privy Council decided the land could be so utilised.

Legal Documents: copies of “Judgment by Privy Council in re Agricultural Ground” 9 June 1894; printed copy of the Case of the Appellants, in the Privy Council no 44 of 1893; attendance records; copy of bond dated 29 September 1893 by William Patrick Crick and Samuel Ackman to Municipal Council of Sydney, the Agricultural Society of New South Wales and the Sydney Driving Park Club Ltd in the sum of four hundred pounds; Rule Absolute of NSW Supreme Court “in the matter of the application of the Municipal council of Sydney for a rule calling upon John McLaughlin to show cause why certain moneys in his hands belonging to the said Council should not be handed over”; instructions to defend; brief for defendants; amended information and statement of claim; statement of defence; brief to watch; notice of motion; notice of trial; appointment to tax; affidavits of Henry J Daniels and Herbert Richardson Clarke; list of witnesses’ expenses, costs of suit of Defendants; copy of Certificate of costs; receipts; council voucher.

Letters: from John McLaughlin; Waldron to Crick & Meagher; from Crick & Meagher; -2 March 1893 from Ernest A Smith, Crown Solicitor.

Affidavit of Herbert Richardson Clark, managing clerk to Crick & Meagher with Annexure marked A with list of witnesses, occupation, number of days at trial and amount paid: Frederick Allison, clerk; M Tierney, labourer; J Prenderville, private detective; J Howie, labourer; F Byrne, clerk; F Leslie, master mariner; P Driscoll, labourer; H Jones, clerk; W Algie, traveller; W Shannon, traveller.

Order 13 January 1899 to take out Exhibit C for Percy Dawson and JR Palmer to take out of court the agreement for lease 5 September 1881 being plaintiff’s Exhibit C in Case 5828.

Scale plan signed by AC Mountain, City Surveyor, 24 June 1881, of 25 acres of land on the Sydney Common applied for by the Agricultural Society of New South Wales, scale 3 chains to the inch, showing ground used as a military rifle range ground appropriated for volunteer rifle range ground reserved for the use of the Military as a garden and cricket ground, and the land applied for by the Agricultural Society and also marking the route of the Tunnel [water supply]; also noted are ridges, tracks, timber and scrub and sandy soil.

Legal personnel mentioned: George Merriman, City Solicitor; WH Ives, Merriman’s office; GC Waldron, City Solicitor; Waldron & Dawson ; Percy Dawson; Ernest A Smith, Crown Solicitor; Geo Colquhoun, Crown Solicitor’s Office Sydney; William Patrick Crick and Samuel Ackman; Crick & Meagher; Herbert Richardson Clark, managing clerk to Crick & Meagher; Adrian Knox; R Yates, Knox’s office; Edmund Barton; GB Simpson."LanguageEnglish (eng)Digitised recordNoBorn digital itemNo

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Attorney-General vs Council and others re use of Sydney Common, 1881-1899