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CSA045455
- Trustees of the Es...
- Council v Edward P...

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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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Council v Edward Percy Field for obstructing the footway of Moore Street, 1893

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Unique IDA-00453044SeriesCity Solicitor's Packets, 1834-1977 [Municipal Council of Sydney / City of Sydney]DateBetween 22nd June 1883 and 22nd November 1893Date qualifierexactFormatLoose PapersDescriptionAt the instigation of the police, Inspector of Nuisances Richard Seymour, laid information against barrister EP Field for obstructing the footway of Moore Street by holding a religious meeting in Moore Street at 1.20 pm on 22 June 1893. Field was fined 20/- with costs in the Magistrate’s Court of GWF Addison on 6 July 1893. Field applied for a rule nisi arguing that there was no evidence given to warrant his conviction and that the Council bylaw was ultra vires. The matter was settled out of court on 2 November 1893.

Legal papers relate to the original case and to the application to make the rule nisi absolute. Documents include: Instructions to prosecute; information laid under bylaw 29 May 1880 section 10; summons served on Field; signed transcripts of evidence given by witness for prosecution, Sergeant of Police Edward George Murphy, and witnesses for the defence all of whom denied any obstruction occurred: Henry Gorman of Hardie & Gorman, John William Jillett or Gillett clergyman, William Henry Dibley , Henry Walters clerk, Edward Percy Field, barrister, Henry Sellwood Austin, English solicitor, managing clerk to LF Heydon, Richard Burns or Byrne, clerk in Water Supply and Sewerage Board, Benjamin Herbert Fawcett architect, Edward Trickett, champion sculler, Thomas Vandermin, and Thomas Cummings or Cummins; application for writ of prohibition; affidavit of Field on application for rule nisi; memo of George Merriman to Town Clerk asking for directions; notes on case Horner appellant v Cadman respondent in case of obstruction of public highway at Bull Ring Sedgley England; drafts by Merriman; draft of application for order allowing change of attorney from Merriman to GC Waldron; brief prepared for Sir Julian Salomon opposing the application to make rule nisi absolute with annotation “settled out of court”.

Newspaper reports appear in the following papers: Evening News 7 July 1893 p6; The Australian Star 6 July 1893 p5 and 7 July 1893 p6; Evening News 4 August 1893 p6; The Albury Banner and Wodonga Express 4 August 1893 p28LanguageEnglish (eng)Digitised recordNoBorn digital itemNo

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Public access statusOpen to public accessPublic access notePlease acknowledge the City of Sydney Archives.

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Source system ID56/007

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Council v Edward Percy Field for obstructing the footway of Moore Street, 1893