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

Vice Admiralty (1841) NSW Sel Cas (Dowling) 936; [1841] NSWSupC 122

Vice Admiralty Court, judge of

Supreme Court of New South Wales

Dowling C.J., 15 September 1841

Source: Dowling, Vice-Admiralty, S.R.N.S.W. 2/3460

Dowling C.J. In consequence of an objection caused in 1839 by John Walpole Willis Esq., one of the Judges, that I had avoided my office of Chief Justice in acting, though in fact receiving no fees, as Judge of the Vice-Admiralty Court, against the provisions of the Supreme Court charter of justice, I referred the question home for the decision of the law authorities.

In the meantime I ceased to act as Judge of the Vice-Admiralty Court, especially as I had ascertained that the Commission addressed to Sir Francis Forbes had lapsed by the accession to the throne of Her Majesty Queen Victoria. In the meantime Sir George Gipps as Vice-Admiral appointed Dr Kinchela to act as his Deputy Vice-Admiral, and Judge of the Court, until the pleasure of the crown should be made known. The law officers at home held Judge Willis' objections to be untenable. A new commission was directed to me by the High Court of Admiralty, and now this fifteenth day of September 1841 I held my first Court - pursuant to notice in the Government Gazette.

Published by the Division of Law, Macquarie University