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

Ex parte Cheetham (1832) NSW Sel Cas (Dowling) 769; [1832] NSWSupC 10

appeals - supervision of inferior courts - liquor laws

Supreme Court of New South Wales

Hearing, February 1832 [1]

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

 

[p. 149] [A verbal notice of appeal though within time, against a conviction upon the spirits licencing Act, which requires a written notice is not sufficient.]

 

Exparte Cheetham

 

Therry moved for either a mandamus to the Justices at Sessions to hear an appeal against the conviction of Mr Evernden a JP. at Bathurst, upon the licencing act, or for a Habeas Corpus and Certiorari to bring up the body and return the conviction of one Cheetham for selling spirits without a licence.

The licencing act gives power to the Justices to transport for not less than 4 years not more than 7 years for selling spirits without a licence but gives an appeal upon notice in writing within 5 days after the conviction but takes away the Certiorari.  Cheetham a ticket of leave man was convicted and sentenced to 4 years transportation to a penal Settlement.  His wife within 5 days gave verbal [p. 150] notice to the Convicting Justice and the Court was now called upon to relieve, sed

Per Curiam Our hands are tied up by the express provisions of the local ordinance and we cannot interpose.  Application may be made in the proper quarter.[2 ]

Refused.

Note

[1]  This decision was also reported in the Sydney Gazette of 25 February 1832. (Thanks to Wendy Robinson for this reference.)

It was also recorded in Dowling, Proceedings of the Supreme Court, Vol. 64, State Records N.S.W., 2/3247.

[2 ] This is a reference to the possibility of Royal clemency.

Published by the Division of Law, Macquarie University