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Decisions of the Superior Courts of New South Wales, 1788-1899

R v Foster (1831) NSW Sel Cas (Dowling) 583; [1831] NSWSupC 20

charities - reception of English law

Supreme Court of New South Wales

Hearing, 14 February 1831

Source: Dowling, Select Cases, Archives Office of N.S.W., 2/3466[ 1]

[p. 41]

[The Benefit Society Act of Parliament 33. G. 3. c. 54. extends to N.S.W. and may be carried into effect so far as may be in the Colony    A Mandamus therefore lies to Justices in session to enrol the rules of a Benefit Society formed in Sydney.]

February 14th 1831

Rex v Foster Esqr

This was an application for a Mandamus to certain parties of Sydney commanded them to enrol certain rules of a benefit society pursuant to the 33. G. 3. c. 54.  The question reserved for consideration was whether that act of Parliament is in operation is this Colony.  We think it is, and that so far as it is applicable to the state and condition of this Settlement, it may be enforced pursuant to the provisions of the 9 G. 4. c. 83.


[ 1] The New South Wales Legislative Council clarified the rights and duties of those concerned with the Benevolent Society by the passage, in 1832 , of a new colonial statute: see Sydney Gazette, 20 September 1832.

Published by the Division of Law, Macquarie University