Maritime Prize CourtWhen enemy vessels and cargo are captured in port or at sea at the declaration of war or during a war by the naval forces of a belligerent power, they have to be taken to a port in the captor's country for 'adjudicati...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - MARRIAGE OF MINORS, LEGITIMATION AND BIRTH REGISTRATION
The series contains files relating to 2 laws:A. The Commonwealth Marriage Act, No. 12 of 1961This allowed the Supreme Court to hear applications under certain sections of the Act. Files include applications under the following provisions:PART II. ...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - MARRIED WOMEN'S PROPERTY ACT
The Married Women's Property Act, No. 20 of 1892, entitled a woman to retain her own separate property upon marriage. She could also enter into contracts, sue and be sued in respect of the property, as if she was a 'feme sole'. Unde...
SUPREME COURT OF WESTERN AUSTRALIA
The Mining Act (No. 15 of 1904) permitted any person claiming an interest in a lease or mining venture to lodge a caveat forbidding any transfer, change of proprietorship or other activity affecting that interest. A lessee, applicant, shareholder ...
SUPREME COURT OF WESTERN AUSTRALIA
These files contain certificates and declarations by the medical practitioner and witnesses of the execution of those sentenced to death at the Supreme Court 1911-1932. The declaration was subsequently published in the Government Gazette and a cop...
SUPREME COURT OF WESTERN AUSTRALIA
The Petition of Right was the form used under the Crown Suits Act 31 Vic No. 7 of 1867 for proceedings against the Crown for damages for breach of contract or for the recovery of property.Access to these files is through the registers (WAS 892). F...
SUPREME COURT OF WESTERN AUSTRALIA
The Powers of Attorney Act (60 Vic No. 2 of 1896) provides that an instrument creating a power of attorney may be deposited in the Supreme Court Office. These files consist of these deposited instruments.Many early powers of attorney were granted ...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - PREROGATIVE WRITS OF CERTIORARI, PROHIBITION, MANDAMUS AND HABEAS CORPUS
This series contains files for several types of prerogative writs. These were writs issued by the Supreme Court for the supervision of inferior courts, tribunals and administrative bodies. The different types are described on the next page.The ser...
SUPREME COURT OF WESTERN AUSTRALIA
In addition to the provision for appeals in civil matters made by the Civil Court Act, there was a common law right of appeal to the Privy Council in England, over decisions of lower courts. Criminal matters require an application to the Privy Cou...
SUPREME COURT OF WESTERN AUSTRALIA
Until 1832 there were no legal means of dealing with the estates of deceased persons in Western Australia. (The estates of those who died in the colony between 1829 and 1831 were administered in Britain, were settled informally, or were settled la...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - PROBATE OFFICE CORRESPONDENCE
These are the general correspondence files of the Probate Office. This includes general enquiries, supply of forms to solicitors and records kept in accordance with the Stamp Act 1902. These records concerned duties charged for instruments registe...
SUPREME COURT OF WESTERN AUSTRALIA
The Railways Act 42 Vic 31 of 1878 made provisions for land to be taken, entered on, used or resumed for certain purposes relating to the building of railways.Persons affected had to establish title to the land and submit a claim to the Commission...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS ACT
The W.A. Reciprocal Enforcement Maintenance Orders Act, No. 27 of 1921, provided for the enforcement of maintenance orders in W.A. where the divorce and order were granted outside W.A. and vice-versa. The orders had to be registered with the Supre...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - REGISTRATION OF CROWN LIEN
Among the English laws adopted by Western Australia in the Adopting Imperial Act 3 Vic 8 of 1867, was 2 and 3 Vic C11. One of its provisions was for a "crown lien" to be taken out over property for monies owed to the Crown, such as failure to pay ...
SUPREME COURT OF WESTERN AUSTRALIA
The Settled Land Act of 1892 allowed for the sale, lease or improvement of land which was the subject of a settlement.A settlement usually placed land in trust for a person, or limited land to a person for his/her lifetime by a will or a marriage ...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - SPECIAL CASES STATED - MINING
The Wardens' Courts heard cases on the goldfields. Many early Wardens had no legal training, so the Goldfields Acts of 1886 and 1895 made provision for them to reserve points of law for the opinions of the Supreme Court on any case before a ...
SUPREME COURT OF WESTERN AUSTRALIA
The Transfer of Land Act, 1874, introduced the Torrens system of land registration. This simplified the title to land, guaranteed it and facilitated dealings with it.Land granted prior to 1875 could be registered under this Act. If a question aros...
SUPREME COURT OF WESTERN AUSTRALIA
INDEX - DEPOSITIONS IN CASES NOT PROSECUTED
Nominal index to depositions in cases not prosecuted. Index shows name and a (deposition) number. To locate deposition consult consignment listings for WAS 122 (criminal indictment files). When the case was prosecuted the deposition was included i...
SUPREME COURT OF WESTERN AUSTRALIA
INDEX TO ADMINISTRATIONS/FORM AND PROCEDURES BOOK
Index to Administration files and copies of Grants of Letters of Administration, (Nos. 1-22), 1832-1840. The second half of this volume contains copies of Forms of Plaints to be filed in Civil actions, 1836, and Rules & Orders for the regulation o...
SUPREME COURT OF WESTERN AUSTRALIA
INDEX TO PROBATE AND ADMINISTRATION FILES
Index cards to Grants of Probate and to Grants of Letters of Administration. The cards are arranged alphabetically and cover the period 1832 - c. 1939.Typically, the index cards which constitute this series show 1) the name of the deceased 2) the ...
SUPREME COURT OF WESTERN AUSTRALIA
INDEX TO PROBATE AND ADMINISTRATION RECORDS
Card index on microfilm to grants of probate and letters of administration. This index continues on from the index at Record Series No. 55 which ceased at 1940. However, there is some overlap as this index includes some entries as early as 1900, ...
SUPREME COURT OF WESTERN AUSTRALIA
Nominal index to appellants in appeals from lower courts, orders to review and cases started. Volume shows appeal number, names of appellant and respondent, nature of proceedings (whether appeal, order to review or case stated etc), court appealed...
SUPREME COURT OF WESTERN AUSTRALIA
INDEXES - BANKRUPTCY ACT AMENDMENT ACT 1898
The Bankruptcy Act Amendment Act 1898 made provision for debtors to enter into compositions, schemes of arrangement or deeds of assignment outside of bankruptcy. It is the first comprehensive code for these types of proceedings and matters could p...
SUPREME COURT OF WESTERN AUSTRALIA
INDEXES - BANKRUPTCY PROCEEDINGS
1892 Bankruptcy Act.Indexes (by name of debtor) to Bankruptcy proceedings, giving file number only. Indexes seem to duplicate each other, as first volume was completed information was transposed into new volume. This occurred twice. After 1923 the...
SUPREME COURT OF WESTERN AUSTRALIA
INDEXES - BANKRUPTCY PROCEEDINGS
1892 Bankruptcy Act.Indexes to registers of notices, petitions and receiving orders. Index (by debtor's name) register, giving petition file number. Entries from 1892-1905 give book & page numbers for registers of notices, petitions and recei...
SUPREME COURT OF WESTERN AUSTRALIA