Albany Courthouse 1895-96, Albany, Western Australia

If you have landed here looking to contact the Albany Magistrates Court you can find those details by clicking here.

Albany Courthouse, 184 Stirling Terrace, Albany, Western Australia.

The Albany Courthouse is an operating Magistrates Court for civil and criminal matters in Albany, Western Australia, see location map below.  The Court also has a District Court Registry for civil actions.

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Young Courthouse (former), New South Wales

Courthouses in Young, New South Wales

By B Stead

Please note: if you have landed here looking for the Young Local Court contact and location details please go to the NSW Government Local Courts – Young, here. 

early Australian courthouses, old Australian courthouses, Young courthouse (former), James BarnetYoung, a town on the south-west slopes of New South Wales was settled in 1826. See location map below.  Known initially as Lambing Flat, the discovery of gold in the 1860s soon attracted large numbers of miners and prospectors to the area.  However tensions among them led to riots and unrest.  Eventually Lambing Flat became known as Young.

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Orange Courthouse 1883, Orange, Central Tablelands, New South Wales

Please note: if you have landed here looking to contact the Court please click the NSW Department of Justice – Orange Court House contact information here.

Orange Courthouse The Orange Courthouse lies on the corner of Lords Place and Byng Street, opposite Robertson Park, Orange, New South Wales. 

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Magna Carta (Great Charter), the liberty of citizens & the rule of law

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The Magna Carta – Latin for Great Charter

The Magna Carta, sealed under oath by King John at Runnymede, England in 1215, became part of English law, and subsequently adopted into Australian law.  It has been described as ‘the foundation stone of the rule of law’ by Lord Irvine of Lairg in his lecture on the Magna Carta to the Australian Parliament, click here to read it. Continue reading

Berry Courthouse (former) 1892, Berry, NSW

Berry Courthouse, early Australian Courthouses

Berry Courthouse (former), 1892, 55 Victoria Street, Berry, New South Wales.

The Berry Courthouse was designed by the colonial government architect James Barnet.  (Read about James Barnet on the Australian Dictionary of Biography site here.)

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Gortyn laws – ancient inheritance laws etched in stone

The Great Inscription at Gortyn on the Island of Crete, Greece

Ancient inheritance law, Law code of Gortyn, inscription, law in stone, Ancient inheritance laws etched in stone walls

Some of the earliest known written inheritance and succession laws can be found at the archaeological site of Gortyn, on the southern side of the island of Crete, Greece.  Gortyn, Gortys or Gortyna was once a large, busy metropolis in Ancient Greece.
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Inheritance and the Twelve Tables, an ancient Roman statute

The Law of the Twelve Tables 451- 449 BCE

The Twelve Tables is a body of law, or a code, (although not likely in the strict sense of a code covering all topics), is widely accepted as forming the basis of Roman Law.  Consisting of mostly civil law it was important in codifying and publicising the customary laws of the predominantly agrarian community operating at that time.

Table V dealt with inheritance and guardianship.  Some excerpts follow:

” 4.  If anyone who has no direct heir dies intestate the nearest male agnate shall have the estate.”
” 5.  If there is not a male agnate the male clansmen shall have the estate.”
” 6.  Persons for whom by will…a guardian is not given, for them..their male agnates shall be guardians.”
” 9.  Debts of the estate of a deceased shall be divided, according to law, among the heirs, proportionally to the share of the inheritance that each acquires. “

 

An agnate was a relative from the father’s side, someone of the male lineage.

 Ancient Roman Statutes, The Corpus of Roman Law, A Translation, Volume II,
A C Johnson, P R Coleman-Norton, F C Bourne,
C Pharr & M B Pharr (Eds),
University of Texas Press, Austin, 1961

© BHS Legal
April 2014

Twelve Tables, Roman law, inheritance law

When ancient Romans didn’t provide for children

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“The Romans were also wont to set aside testaments [wills] as being inofficiosa, [irresponsible, unobliging] deficient in natural duty, if they disinherited or totally passed by (without assigning a true and sufficient reason) any of the children of the testator.
But if the child had any legacy, though ever so small, it was a proof that the testator had not lost his memory or his reason, which otherwise the law presumed;
Hence probably has arisen that groundless vulgar error, of the necessity of leaving the heir a shilling or some other express legacy, in order to disinherit him effectually:”

 

Sir William Blackstone, translations added in [ ],
Of Title by Testament, and AdministrationChapter 32,
Commentaries on the Laws of England, Book II, 1723-1780.
New York Garland Pub. 1978, reprint of the 9th (1783) ed. printed
for W. Strahan and T. Cadell, London, and D. Prince, Oxford.