The hearing of the case of John T. Burns, retired railway employee, of Buckley Street, Essendon v. Philip Cooney, licensed victualler, was concluded in the Supreme Court of Victoria (Bendigo) in June 1921. John sued the defendant for a specific performance of contract regarding the sale of ingoing furniture, etc., of the Limerick Castle Hotel, in Williamson Street, Bendigo. He also claimed the profits of the business from 21 February last to the date of possession. Burns also applied for an injunction restraining the defendant from disposing of the lease, licence and furniture of the hotel and premises to anybody else. The defence was that no agreement had been made between defendant and plaintiff for the sale of the hotel lease, although several attempts had been made to bring them to an agreement. Mr Cooney had authorized Mr. J. F. Kelly to sell the ingoing for £750. Burns had offered £650, but the defendant refused to accept that sum. The jury returned a verdict in favour of plaintiff. Judgment was deferred, pending an appeal, it was again heard by the High Court (Melbourne) and the onto the High Court of Australia (Sydney) on a point of law. The legal principle determined by this appeal is of great importance to buyers and sellers of landed property establishing the rule of law: that a house and land agent cannot, safely sell such property without the authority of the owner in writing, signed by such owner. It appears that the hotel-owner's agents had organised a sale to of the hotel along with furniture etc. to John Burns. The owner of the hotel Philip Cooney then objected to the sale of the furniture, although at some stage John Burns offered him 650 pounds to cover the items. The appeal came up for argument before the High Court at its Melbourne sittings on February 20 1922 the hearing extending over four days. Mr. Charles Gavan Duffy (instructed by Messrs. Quick and Luke Murphy) appeared for the appellant, and Messrs; Cohen and Robertson (instructed by Messrs. Macoboy and Taylor); for the respondent. The last court of appeal, the High Court in Sydney reserved its decision, as follows: The Appeal was allowed, with, costs. Judgment to he entered for the defendant Philip Clooney. The Deposit of £50 to be returned to the defendant.48 Pages - A Court Case involving the Limerick Castle Hotel in Williamson Street, Bendigo - Transcript "on appeal from the Supreme Court of Victoria at Bendigo to the High Court of Australia. 1921 No. 4 between Phillip Cooney (Appellant) and John Thomas Burns (Respondent). Quick and Luke Murphy, Chancery Lane, Solicitors for the Appellant. The Document contains seven sections: 1. Statement of Claim 2. Defenant's request for further particulars under the statement of claim 3. Plaintiff's further particulars 4. Defence 5. Reply 6. Judge's notes of evidence taken at the trial 7. Plaintiff's Exhibits - "A" lease, the Trustees, Executors and Agency Company Limited to Appelant "B" Notice of Application to Transfer Licence of Hotel to Responent, testimonials by Messrs. H. Donovan and J. K. Byrne "C" Assignment of Lease, Appelant to Responentbendigo, limerick castle hotel, john burns, philip cooney

A for Sale notice of 4 pages. Dark blue background. Header and photo of Port Melbourne Courthouse, Police Station and residence at 111 Bay Street. Inside pages have a map and pictures of the buidings, identified by Lots.built environment - civic, bay street, architecture, law, police, police station, court house, lockup, cell block, frank gordon & co

Book - brown Rexene covers, with title - "Melbourne and Metropolitan Tramways Board - Rules, Regulations". single section, sewn into covers, dated 30/5/1957. Sixty Eight pages plus covers. Book numbered "866". Has numerous pasted in updates. Provides rules for both tramway and motor bus operations, has index pages. Provides common rules, and rules specific to buses and trams. At rear is MMTB By-Law 11, dated 1951, and By-Law 16 for lost property. Last two pages provide copy of Certificate of Service. Has been punched on the left hand side with three holes - indicating a possible court document.Marked "Exhibit 17" in ink on front cover.trams, tramways, mmtb, rules, regulations

Laminated newspaper article - Bendigo Advertiser Friday November 27, 1987. "Bendigo's Upper Court is the jewel. Within the Bendigo Court House, the upper court is used for both Supreme and County Court sittings. Detailed description of the fittings, purpose and use of the upper court room. newspaper, bendigo's historic buildings, bendigo law courts

Letter from Josiah Hampton dated 14 June 1865. He desires the assistance for himself and family of the medical officer of the Court in accordance with General Law 47 of the B.U.D. and also of Law 46 of the B.U.D. and hoped to obtain the consent of Court King of the Forest at an early date that he may communicate with his own Court accordingly. He was a financial member of Court Tarrangower No. 3514.societies, aof, correspondence, ancient order of foresters no. 3770 collection - correspondence, mount pleasant cottage redan hill, court king of the forest, josiah hampton, court tarrangower 3514, d f martin, royal hotel maldon

Note dated October 8/66 mentioning that he has removed his family to the White Hills, and he wished to have the attendance of the Court Surgeon of Court Royal Oak which he intended applying for under law 47. Signed William H. Nicholas.societies, aof, correspondence, ancient order of foresters no. 3770 collection - correspondence, court king of the forest, court royal oak, william h nicholas

Blue Doctor's Certificate dated Oct 3 1877 certifying that Laurence Valentine of Sp Hawk was able to follow his usual employment. Signed by H. L. Atkinson. Signed at the end by L. Valentine declaring himself off the Sick Funds.societies, aof, correspondence, ancient order of the foresters no 3770 collection - doctor's certificate, court king of the forest, lawence valentine, h l atkinson, j brockley

BHS CollectionBrown cover, gold writing. On front: 'Crown Law Department, Victoria' printed around circular design, crown on top.Book contains ' a digest of the law of mining in Victoria, 1858 - 1881'. Published by Charles F. Maxwell & Son, Melbourne and sydney. 1881. Stamped in blue ink ' Law Department Victoria'.John McFarland, M.A. Barrister at law.bendigo, mining, law of mining 1858 - 1881

The Eltham Court House is Eltham's oldest public building. It was classified by the National Trust in 1977. In 1857 five Eltham residents petitioned the licensing magistrates of the Heidelberg district asking for better police protection, including from itinerant gold prospectors who turned to crime when their quest was unsuccessful. In response the Eltham Courthouse was constructed in 1860. Over the years it has also been used for other activities, including for electoral polling purposes, inquests, early meetings of the Eltham Roads Board and even as an overflow classroom. This type of localised solution is characteristic of the self-reliance preserved in Eltham today. The court house is an important symbol of the spirit which makes Eltham distinctive as a community. The Eltham Courthouse is historically significant because its construction was intended to emphasise the centralised control over law and order in the Colony of Victoria in the wake of the 1852 Snodgrass committee report on the Victorian police force and the resulting Police Regulation Act (1853). The nature of the Court House planning and use of architectural devices make the building's function easily interpreted. The arrangement of rooms, with public entry and clerical rooms to the rear, and the use of raised floor levels throughout these spaces to signify relative rank is easily perceived. The distinction in entries, public, magistrate and person-in-custody, and the existing court furniture enhances appreciation of this building. The Eltham Court House is one of only two intact examples in the state of this simple design with projecting entry. The building is of architectural significance because it retains intact early features. These include use of handmade bricks, simple decoration, roof trusses, timber ceiling boards, original windows, doors and associated hardware and a collection of court furniture. Additions to the court house have been done in a manner which did not interfere with the fabric of the original building. Typical cases heard before the Court of Petty Sessions included financial debt, straying livestock, theft, assault, drunkenness, public disorder, truancy, motor vehicle offences, unregistered animals and failing to have children attend school, or be vaccinated. The courthouse operated for over 120 years before it closed in 1985. In April 2021, Nillumbik Shire Council authorised restoration of the building and furnishings. The extensive works required for the total restoration of this highly valued heritage building was undertaken by Ducon Building Solutions and other specialist contractors. Covered under Heritage Overlay, Nillumbik Planning Scheme. Victorian Heritage National Trust of Australia (Victoria) State significance Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p65 A demand for better police protection resulted in the building of the Eltham Courthouse and the police residence beside it. In 1857 five Eltham residents petitioned the Heidelberg district licensing magistrates. They pointed out that Eltham had two hotels, a population of about 1000, and many strangers employed on the public roads. Yet the nearest police were at Heidelberg eight miles (12.8km) away, or at the Caledonia Diggings 21 miles (33.7km) away.1 Subsequently the courthouse and then the police residence, near the corner of Main Road and Brougham Street, were built in 1859/60. The courthouse is Eltham’s oldest public building and the National Trust classified it in 1977. It ceased operation in 1984 and has since been used by local groups. There are only six other known examples of similar small brick country courthouses in Victoria . For £536, a Mr Duncan built the courthouse – a neat, narrow, oblong building with handmade orange bricks. Its gabled roof and porch are covered with brown slate tiles and it has 12-paned windows. Inside, the roof is peaked and the courthouse is still ventilated by oblong slits near the ceiling. Most of the fine carved timber and upholstered furniture is original. The original prisoners’ door, now permanently closed, led from the police station to the dock. Builders, Langridge Wright and Witney built a timber police station (since demolished) and a brick residence to its north,2 for £1150/7/-. Built around the same time were the lock-up behind the residence, also later demolished, and the two-storey orange brick stables. The former police residence also has a brown slate roof and handmade bricks. The front veranda roof is made of corrugated iron, as is the roof of the back weatherboard extension. The application for police protection was approved within a few months and police operated from a cottage rented at ten shillings a week and owned by William Jarrold. This was probably the one at the corner of Main Road and Dalton Street called Jarrold or White Cloud Cottage. In 1858 a second constable was appointed to Eltham following a fight at the hotel. The timber police office a replica of which was built in the early 1990s is at the building’s side. The lock-up was demolished following the relocation of the police to a new station in about 1952. The residence has been used as the Eltham District Historical Society centre since 1997. Records show court cases were held at Eltham before the courthouse was built, but the location is unknown. Some court cases were not very different from those today. In 1891 a man was charged with being drunk while in charge of a horse and was fined ten shillings. The courthouse was used for other purposes during its long history. It was probably used as a polling place as indicated by old photographs of election-day crowds outside. The Eltham Road Board met there from the early 1860s until 1868 when the Board transferred to Kangaroo Ground. During the same period the Road Board Secretary used the courthouse as an office until 1867 when it was transferred to his home at Wingrove Cottage. The courthouse was also used as an overflow classroom for the Dalton Street school in 1875. The two buildings can further link us with Eltham’s early days through Police Department correspondence. The first constable-in-charge was George Reid. In 1860 a letter to The Argus newspaper signed ‘A Sufferer’ declared the Eltham police were not active enough in their duties. The writer suggested that the ‘very snug’ police quarters were too comfortable, and he detailed various incidents including one of an alleged break-in to the Road Board Secretary’s home. But the Board Secretary, C S Wingrove, wrote to the Police Department refuting The Argus letter saying he had received full co-operation from Sen. Constable Peter Lawler.This collection of almost 130 photos about places and people within the Shire of Nillumbik, an urban and rural municipality in Melbourne's north, contributes to an understanding of the history of the Shire. Published in 2008 immediately prior to the Black Saturday bushfires of February 7, 2009, it documents sites that were impacted, and in some cases destroyed by the fires. It includes photographs taken especially for the publication, creating a unique time capsule representing the Shire in the early 21st century. It remains the most recent comprehenesive publication devoted to the Shire's history connecting local residents to the past. nillumbik now and then (marshall-king) collection, eltham, eltham court house, main road

The c1860 St Andrews Hotel, with the c1930 additions, and the Canary Island Palm, and the surrounding site to the title boundaries are historically, socially and aesthetically significant to the Shire of Nillumbik. The St Andrews Hotel is historically significant because it may have given its name 'St Andrews' to the town (another suggestion is that the name came from St Andrews church) and for its connection to Ewen Hugh Cameron (1831-1915) the prosperous local farmer, member of the Eltham Roads Board/Shire Council and local MP. It is also significant as the oldest hotel building in the former Shire of Eltham, as one of the few surviving buildings connected with the Caledonian goldfields era and as one of a handful of early structures to have survived the 1960s bushfires; the additions and alterations to the hotel reflect its long life. The hotel is socially significant because it has served as an important meeting place for more than 160 years. The Canary Island Palm is historically significant as a rare example of exotic tree planting in this rural area. The tree is aesthetically and historically significant as a local landmark and for its contribution to the streetscape and landscape value. Covered under Heritage Overlay, Nillumbik Planning Scheme. Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p71 Built around 1860, St Andrews Hotel has changed little since it first welcomed thirsty gold diggers from the Caledonia Goldfields. The timber building, with gabled roof, beamed ceilings and a massive fireplace, is Nillumbik Shire’s oldest hotel and has always been an important community centre, particularly in its early days. Fortunately, the hotel and the near-by Canary Island Palm Tree, which is quite rare in this area, survived the 1960s bushfires, along with a few other early buildings. St Andrews (formerly Queenstown) was founded on gold, as were Panton Hill (formerly Kingstown), Research and Diamond Creek, from the mid-1850s to the 1860s. But by the early 20th century common use changed the name Queenstown to St Andrews, possibly after this hotel or after the church or the mining district.1 The Caledonia Diggings were probably named by Scottish settlers after the Roman name for Scotland, despite this land bearing little similarity to their homeland.2 Queenstown, which was proclaimed as a township in 1861, was the gold-mining centre on the Upper Diamond and in the 1850s had up to 600 European inhabitants and a small camp of Chinese on the flats along the creek. Queenstown was the administrative centre of the Upper Diamond with three hotels, a brewery and a slaughterhouse.3 It is unclear which hotel was the district’s first, as distinct from the earliest unlicensed grog shops, some of which operated in tents. John Corke Knell was one of eight unlicensed storekeepers supplying drink to miners at Caledonia in 1857, named by Sgt. McNamara of the Caledonia Police Station.4 In February 1859, Knell apparently bought most of the present hotel’s site at the first township land sales. As he was a local storekeeper, he might have first established a store there.5 Knell and his wife Eliza were early licensees of the St Andrews Hotel. The hotel had eight bedrooms – including three for public use – and the dining-room seated 30 people. It is thought they named the hotel St Andrews after Eliza’s hometown of St Andrews in Scotland. St Andrews Hotel was an important local centre in several ways. In the same building the Knells also operated a post office and general store. In 1867 Mrs Knell was appointed Deputy Registrar of Births and Deaths for Queenstown. The hotel was also used to hold inquests into people’s deaths when the police residence became too small.6 The hotel also became a fashionable destination at Christmas for parties from Melbourne. In 1868, possibly following her husband’s death, Mrs Knell applied for a temporary licence, which was then transferred to Robert Smith after their marriage in 1869. But then, possibly after Robert’s death, Mrs Smith operated the hotel until 1892. This contradicts a report in The Evelyn Observer 1882 that JC Knells of the St Andrews Hotel was granted a publican’s licence in the Queenstown Police Court. At that time he was supposed to have been dead for around 14 years! Although Mrs Smith was a respected citizen, known for her geniality and as an ideal hostess, she had a minor brush with the law when she was fined ten shillings for not lighting a lamp outside her licensed premises.7 From 1892 several publicans owned the hotel including W Atkins, from 1895. In 1909 the licensee was apparently Mrs Smith’s son, Walter Knell, who held the licence until at least the 1920s. Not surprisingly, this old hotel has attracted romantic stories. Mrs Smith is said to be seen roaming the pub in her nightdress – even though she was buried in the Queenstown Cemetery in 1911.8 A musical The Hero of Queenstown, set in the hotel, was written and produced by local actor Reg Evans in the 1970s.This collection of almost 130 photos about places and people within the Shire of Nillumbik, an urban and rural municipality in Melbourne's north, contributes to an understanding of the history of the Shire. Published in 2008 immediately prior to the Black Saturday bushfires of February 7, 2009, it documents sites that were impacted, and in some cases destroyed by the fires. It includes photographs taken especially for the publication, creating a unique time capsule representing the Shire in the early 21st century. It remains the most recent comprehenesive publication devoted to the Shire's history connecting local residents to the past. nillumbik now and then (marshall-king) collection, st andrews hotel

Double-sided advertisement for Banool Gardens subdivision with site plan, location plan, terms of sale, and summary of homesite features and local services & facilities. Subdivision includes Wonga Road, Hamilton Drive, Tinworth Place, Andrea Parade and Benjamin Court, Ringwood North. Managing agent - Ollson Real Estate Pty. Ltd., North Croydon Shopping Plaza, Maroondah Highway. Croydon, Vic. 3136. Telephone 726 9988 After Hours 876 4190. Project by Darnley Developments (Vic.) Pty. Ltd. Accompanying handwritten notation by Richard Carter R.E.S.I. - "Part of original Banool property (Mahon, sold to Stallman, sold to McMahon, sold to Len Macley etc etc). Hamilton Drive named after Lynn Hamilton McMahon, Tinworth Place after his son-in-law, David Tinworth".