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Decisions of the Superior Courts of New South Wales, 1788-1899 |
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Published by the Division of Law Macquarie University |
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[appeals - supervision of inferior courts - liquor laws] Ex parte Cheetham Supreme Court of New South Wales 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
Notes [1] From its position in the Select Cases, it is likely that this hearing took place in early March 1832. The case was also recorded in Dowling, Proceedings of the Supreme Court, Vol. 64, Archives Office of New South Wales, 2/3247. Duties were imposed on imported liquor by (1831) 2 Wm 4 No. 2 (Sydney Gazette, 15 October 1831). [2] This is a reference to the possibility of Royal clemency. |
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