Identity area
Reference code
Title
Date(s)
- 1857-1933 (Creation)
Level of description
Extent and medium
0.06m; 1 volume
Context area
Name of creator
Biographical history
The Adelong 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 Adelong Court House. (1)
Warden’s Courts were Courts of Record, and the Wardens had the power to issue summonses and warrants. 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. (2)
Various acts in subsequent years extended the powers and authorities of the Mining Wardens.
On 1 August 1968, the Adelong Warden's Court was abolished by proclamation under the provisions of the Mining Act 1906 (Act No. 49, 1906), as amended. (3)
References:
(1) NSW Government Gazette, 12 May 1874, pages 1460-1461.
(2) Museums of History NSW, Agency 4443 Albury Warden's Court [https://search.records.nsw.gov.au/permalink/f/1ebnd1l/ORGANISATIONS1003905]
(3) NSW Government Gazette, 27 September 1968, page 3880.
Repository
Archival history
Content and structure area
Scope and content
Register of Applications for Water Rights (1857-1863) and Stamp Register [correspondence despatched], (1910-1933).
Accruals
System of arrangement
Conditions of access and use area
Conditions governing access
OPEN to public access.
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Conditions governing reproduction
The reproducing and publishing of state archives is governed by Museums of History NSW. More information