Collection 0602 - Albury, Culcairn, Henty and Holbrook Court Houses

The Albury Court of Petty Sessions was created on 21 December 1846 under the provisions of s.17 of the Offenders Punishment and Justices Summary Jurisdiction Act of 1832 (3 Wil.IV No.3). (1)

Matters relating to the licensing of premises for the sale of liquor were dealt with by the court until 1 March 1883 when a separate system of licensing courts was established. After 1924 the Court resumed responsibility for routine matters in relation to liquor licensing while Albury Licensing Court (1924 - 1983) and the Licensing Court of New South Wales after 1983 dealt with the more complex licensing issues. (2)

The Albury Court of Petty Sessions was abolished on 31 December 1984 when the Local Courts Act 1982 (Act No.164, 1982) abolished all Courts of Petty Sessions and replaced these with Local Courts. (3)

Endnotes

1. NSW Government Gazette No.106, 22 December 1846, p.1603.
2. Agencies 4001, 4002 and 3835.
3. Local Courts Act 1982 (Act No.164, 1982) s.9; NSW Government Gazette No.178, 21 December 1984, p.6296.

The Albury District Court was established on 9 December 1858 within the South-Western District, utilising the boundaries of the Albury Police District. (1)

The District Court Act of 1858 (22 Vic No 18) was assented to on 12 November 1858, replacing the Courts of Requests, with jurisdiction in civil cases where the values of the property involved did not exceed £200. (2)

The court performed the function of an intermediate court between the Small Debts and Supreme Courts. Sittings occurred at least twice each year in major country towns, with cases normally heard by a judge, but could include a jury if the amount in dispute exceeded £100. (3)

The District Court Act 1973 (Act No 9, 1973) (4) abolished the existing District Courts and Courts of Quarter Sessions and the District Court was reconstituted as a single Court with both criminal and civil jurisdiction throughout New South Wales. (5)

References
(1) NSW Government Gazette, 9 December 1858, p.2173
(2) NSW Government Gazette, 12 November 1858, p.1899
(3) Official Yearbook of NSW, 1966. pp 380-1
(4) NSW Government Gazette, 8 June 1973, p. 2158
(5) The District Courts Act, 1973 s. 8 and s.9

The Albury Warden's Court was established by proclamation on 12 May 1874, under Section 67 of the Mining Act, 1874 (37 Vic. No.13), and was to be held at the Albury Court House. (1)
Warden’s Courts were Courts of Record, and the Wardens had the power to issue summonses and warrants. (2) The office of Mining Warden was usually held in conjunction with other offices including Police Magistrate or Clerk of Petty Sessions, but the court was a separate legal identity.
The Courts had original jurisdiction over the claims concerning:
a) the possession or occupation of Crown Land by virtue of a miner’s right or mineral lease of license;
b) recovery of land, race, drain, dam or reservoir abandoned or forfeited under an Act or regulation and the right to any profits;
c) the use, enjoyment and sale of water due to holding a miner’s right or mineral lease or license;
d) trespass or damage to property, unlawful abstraction of water and the exclusion of any person from use and enjoyment of water;
e) debt or damages consequent to any contract or agreement relating to gold or mineral mining;
f) claims to gold and minerals mined;
g) contracts and partnerships formed to mine gold or minerals;
h) contributions to working expenses or mines; mortgages or assignments of land used for mining purposes
i) boundaries of mining leases;
j) possession and occupation of mining leases; and any other disputes arising out of the right to mine on Crown Land. (3)

Various acts in subsequent years extended the powers and authorities of the Mining Wardens.
On 7 April 2009, all Warden’s Courts were abolished under the Court and Crimes Legislation Further Amendment Act 2008 (Act No.107, 2008). (4)
The jurisdiction conferred on the Warden’s Courts and the Wardens by the Mining Act 1992 (Act No.29, 1992) was transferred to the Land and Environment Court. (5)

References:
(1) NSW Government Gazette No.112, 12 May 1874, pp.1460-1461.
(2) Mining Regulation Act, 1874. s.68.
(3) Mining Regulation Act, 1874. s.69.
(4) Courts and Crimes Legislation Further Amendment Act, 2008 Schedule 19 (54) Amending Schedule 6 of the Mining Act 1992; Commencement Proclamation under the Courts and Crimes Legislation Further Amendment Act 2008 (Act No.107, 2008), published NSW Legislation Website (2009-112), 3 April 2009, Explanatory note.
(5) Ibid. Commencement proclamation, Explanatory note.