Correspondence Respecting Kiama Courthouse, 13 Oct 1890-18 Jul 1892 1
1892.
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Legislative Assembly.
NEW SOUTH WALES.
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COURT-HOUSE, KIAMA.
(Correspondence Respecting.)
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Ordered by the Legislative Assembly to be printed, 30 November, 1892.
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RETURN to an Order of the Legislative Assembly of New South Wales, dated 4th October, 1892, That there be laid upon the Table of this House,—
“Copies of all correspondence, reports, minutes of interviews, and other
papers in connection with the proposed new Court-house at Kiama.”
(Mr Fuller.)
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No. 1.
THE POLICE MAGISTRATE, KIAMA, TO THE UNDER SECRETARY OF JUSTICE.
photo c. 1888. Photo ID: SRNSW 4346_a020_ a020000252.jpg
Police Court, Kiama, 13 October, 1890.
Sir,
I have the honor to bring under your notice the fact that the railway now being extended from North Kiama to Nowra will pass within 10 feet of the Court-house at Kiama, the centre of the line will be 58 feet from the building and the boundary fence 10 feet therefrom.
The station will be about 10 chains from the Court-house, and I think it will be found that the proximity of the line, and the whistling of the engine on approaching the station will be such an annoyance as to cause the present court-house to be unfit for the purpose for which it is used.
Photo courtesy: Kiama and District Historical Society
The Railway Department will resume 22 perches of land, part of the Court-house yard.
There will remain a frontage to Terralong-street of about 70 feet by about 150 feet deep, which is estimated as being worth about £40 per foot frontage. A suitable site for a Court-house, lock-up, &c, could be had on the reserve for public buildings in Manning-street, and if the present site were sold the proceeds would be sufficient to erect a new Court-house, lock-up, &c.
I have thought it my duty to make you acquainted with the matter.
I have, &c,
FW Edwards, PM.
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Submitted—ACF [Arch C Fraser], 14/10/90. Government Architect, for favour of report.—AJG, 15/10/90. BC.—ACF.
I have recently inspected this building, and conferred with the Police Magistrate as to any inconvenience that might be occasioned through the railway extension referred to, and find that although the Court-house site will be slightly encroached upon, no disturbance to court business by the anticipated railway traffic need, I think, be apprehended. The building is substantial, and apparently sufficient for the requirements of the district for some time to come, but it requires general renovating, painting, &c. should it, however, be decided for other reasons to remove the building, the reserve for public buildings in Manning-street, close by, named by the Police Magistrate, would be a suitable site.—WLV, 21/11/90.
Submitted.—ACF, 24/11/90. In view of the terms of this report the removal of the Court-house would not appear necessary. An estimate of cost of repairs, &c, may be submitted.—AJG, 24/11/90. The Government Architect.—ACF, BC, 25/11/90.
Resubmitted.—ACF, 31.12/90. Approved.—AJG, 7/1/91. The Government Architect.—TEM’N. (Per US), BC, 8/1/91.
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No. 2.
THE UNDER SECRETARY OF JUSTICE TO THE POLICE MAGISTRATE, KIAMA.
Department of Justice, Sydney, 25 November, 1890.
Sir,
Referring to your letter of the 13th ultimo, in which you state that the railway now being extended will pass within 10 feet of the Court-house at Kiama, and suggest the erection of a new building on another site, I am directed by the Minister of Justice to inform you that, in view of a report obtained upon the subject, he is of opinion that the erection of a new Court-house would not appear to be necessary.
I have, &C,
AECH C FRASER,
Under Secretary.
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No. 3.
GW FULLER, ESQ, MP TO THE MINISTER OF JUSTICE.
13 Oct 1890-18 Jul 1892, pp. 85-90. Reproduction: Peter de Waal
Legislative Assembly, 23 October, 1890.
Dear Sir,
I desire respectfully to bring under your notice the condition of the Court-house in the town of Kiama. The building is very old, and the front of it in a dilapidated condition. In consequence of the line into the town of Kiama, part of the Court-house reserve has had to be resumed, the line running within a few feet of the building. As the station is quite close, this will make the Court-house very noisy and inconvenient. The land left on which the building stands is 70 x 150. This is variously estimated at from £35 to £50 per foot. With the money obtained from this sale a fine building could be erected; and as there is a suitable site in the market square, between the School of Arts and Town Hall sites, I urge upon you the desirability of selling the present site, and having a new Court-house erected suitable for the requirements of the town.
Trusting you will immediately take the matter into your consideration.
I remain, &c,
George W Fuller.
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Submitted.—The previous papers in this matter were sent to the Government Architect on 15th instant for report upon a communication received from the Police Magistrate, Kiama, in regard to the erection of a new building.—ACF, 22/10/90.
Mr Fuller may be so informed.—AJB, 23/10/90.
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No. 4.
THE UNDER SECRETARY OF JUSTICE TO GW FULLER, ESQ, MP.
Department of Justice, Sydney, 24 October, 1890.
ML: Q352.77099/4 Court-house, Kiama: correspondence
respecting, 13 Oct 1890-18 Jul 1892, pp. 85-90.
Reproduction: Peter de Waal
Sir,
I have the honor, by direction of the Minister of Justice, to acknowledge the receipt of your letter of 23rd instant, urging the erection of a new Court-house at Kiama, and to inform you that the previous papers in this matter were sent to the Government Architect on the 15th idem for report upon a communication received from the Police Magistrate at that place with regard to the erection of a new building.
I have, &c,
Arch C Fraser,
Under Secretary.
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No. 5.
THE POLICE MAGISTRATE, KIAMA, TO THE UNDERSECRETARY OF JUSTICE
Police Office, Kiama, 22 November 1890.
Sir,
I have the honor herewith to enclose a notice and form of offer and particulars in connection with the resumption of land for railway purposes which were served on me to-day by Mr Thompson, Government Valuator.
There are no improvements on the area to be resumed.
The land is valued at from £35 to £50 per foot frontage, which is 44 feet.
Should you deem it advisable to obtain a valuation from one of the valuators acting for owners of land, I can do so.
I have, &c,
FW Edwards,
Police Magistrate.
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(Enclosure.)
Government Railway from Kiama to Nowra.
Notice of lands taken for railway purposes by the Minister for Public Works, New South Wales.
To the Department of Justice,—
WHEREAS by an Act of Council made and passed in the fifty-first year of the reign of Her Majesty Queen Victoria, intituled “The Public Works Act of 1888,” His Excellency the Governor of the Colony of New South Wales is empowered to direct that any land required in his opinion for any authorised public work may be acquired under the provisions in the said Act contained. And whereas the Construction Authority is thereupon empowered to enter into and upon the lands and grounds of any person whomsoever so directed to be acquired as aforesaid, and to take an appropriate for the purposes in the said Act mentioned such parts thereof as may be necessary and proper for the laying out and making and using any such authorised work and all other works, matters, and conveniences connected therewith. And whereas His Excellency the governor, under and by virtue of the authority aforesaid vested in him by the said Act, has directed that the land described in the schedule hereto is required for the purposes of the authorised work hereinafter mentioned, and that the said land shall accordingly be taken and acquired under the provisions of the said Act. And whereas the Minister for Public Works is the duly constituted Constructing Authority within the meaning of the said Act for the carrying out of the said authorised work. And whereas the said Constructing Authority has, under and by virtue of the powers and directions aforesaid, taken and appropriated the said land set out and described in the schedule hereto for the purpose of and in connection with the construction or extension of the railway line from Kiama to Nowra, the construction or extension of the said line being an “authorised work” within the meaning of the said Act. And whereas, in compliance with the requirements of the said Act in that behalf, a plan of the said line with a book of reference containing a description of the lands, including the lands in the schedule hereto, through which the said line is to be carried, has been duly prepared. And notice thereof and of the intention to construct or extend the said railway between the places aforesaid according to the said plan and book of reference have been confirmed by His Excellency the Governor. You are therefore hereby required to take notice that the Constructing Authority has as aforesaid taken and appropriated the said land set out in the said schedule, compensation to be paid to all parties for the land taken and the damage sustained, or that may be sustained by them by reason of the exercise of the powers conferred by the said Act and everything done by the Constructing Authority as thereunder. And accordingly the Constructing Authority hereby demands from you the particulars of your estate and interest in such land, and of the claims made by you in respect thereof.
In witness whereof, the Constructing Authority hath caused its seal to be hereto affixed at Sydney, in the Colony aforesaid, this 19th day of November, AD 189 .
BRUCE SMITH,
Constructing Authority.
The seal of the Constructing Authority was duly affixed hereto, in presence of,--
JW Holliman.
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The Schedule referred to in the foregoing notice.
All that parcel of land situated in the parish of Kiama, in the county of Camden, containing by admeasurement 22 perches, more or less, and more particularly described in the plan hereunto annexed or endorsed thereon, and therein coloured red, and numbered 48 on the plan or book of reference, duly confirmed by His Excellency the Governor on the 21st day of October, 1890.
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Submitted. See memo. Herewith.—ACF, 25/11/90.
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No. 6.
MEMO BY THE UNDER SECRETARY OF JUSTICE.
Department of Justice, Sydney, 10 December, 1890.
THE papers in this matter might be referred to the Works Department with request that a valuation be obtained from the Government Valuator (Mr Thompson), who is an officer under that Department, in respect of the portion of the present Court-house site, proposed to be resumed for railway, Kiama to Nowra. As the matter rests between this Department and the Works, it would not seem to be necessary to incur the expense of obtaining a private valuation, as it may be deemed proper to accept the Government valuation, and so avoid any possible difference in amount which might require settlement by arbitration.
When the valuation has been obtained, the Railway Department might be notified of the acceptance of same, and requested to adjust with this Department, and the money might be credited (if practicable) to Court-house Vote, or paid to credit of Consolidated Revenue on account of Department.
ACF
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Approved.—AJG, 11/12/90.
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No. 7.
THE UNDER SECRETARY OF JUSTICE TO THE UNDER SECRETARY FOR PUBLIC WORKS.
Department of Justice, Sydney, 12 December, 1890.
Sir,
In transmitting to you the accompanying notice, and other documents in connection with the resumption of land for railway purposes at Kiama, which have been served on the Police Magistrate at that place, by Mr Thompson, Government Valuator, I am directed by the Minister for Justice to request that you will move the Secretary for Works to have the goodness to obtain from Mr Thompson a valuation in respect of the portion of the present Court-house site, which it is proposed to resume in connection with the railway from Kiama to Nowra, and furnish same to this Department as early as practicable.
I have, &c,
ARCH C FRASERr,
Under Secretary.
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Land Valuer.—DCM’L. (For US), BC, 15/12/90. This valuation will be made as early as possible.—JBT, 18/12/90. US Works. Re-submit when made.—DCM’L (for US), 18/12/90.
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No. 8.
MINUTE BY THE MINISTER OF JUSTICE.
Kiama Court-house.
Department of Justice, Sydney, 23 April, 1891.
MR FULLER’s letter of 23/10/90 had better be forwarded Government Architect in connection with previous papers, with request for favour of early report.
AJG
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The Government Architect.—TEM’N (pro US), BC, 23/4/91.
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No. 9.
Minute by the Minister of Justice.
Department of Justice, 27 Augustus, 1891.
MR FULLER MP, with Mr Noble, JP, represent that the erection of a new Court-house at Kiama is a matter of urgency, in view of the present state of the Court-house and the probable early extension of the railway, which will pass within 10 feet of the present building.
Mr Fuller suggests the erection of a new Court-house, corner Market and Manning Streets, on a site now the property of the Government, saying that if the site in Terralong-street were sold it would probably realise more than sufficient to pay the cost of a new building.
This matter should be fully reported on without delay.
AJG.
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Refer to letter to Works Department of 12/12/90, to which no reply has been received, and embody this minute in further letter, asking early report on the subject.—TEM’N (for US), 27/8/91.
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No. 10.
THE UNDER SECRETARY OF JUSTICE TO THE UNDER SECRETARY FOR PUBLIC WORKS.
Department of Justice, Sydney, 29 Augustus, 1891.
Sir,
Referring to my letter of the 12th December last (copy of which is enclosed), respecting the site of the Court-house at Kiama, I am directed by the Minister of Justice to inform you that representations have been made to this Department that the erection of a new Court-house at the place named is a matter of urgency in view of the present state of the Court-house and probable early extension of the railway which will pass within 10 feet of the present building.
It has also been suggested that the new Court-house should be erected on a site at the corner of Market and Manning Streets now the property of the Government, and that if the site in Terralong-street were sold it would probably realise more than sufficient to pay the cost of a new building.
I am to add that Mr Gould desires that this matter should be fully reported on with the least possible delay.
I have, &c,
ARCH C FRASER,
Under Secretary.
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The Land Valuer, with reference to pervious papers.—JB, 29/8/91. Mr Vernon for report.—JB, 7/9/91.
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No. 11.
THE UNDER SECRETARY OF JUSTICE TO THE UNDER SECRETARY FOR PUBLIC WORKS.
Department of Justice, Sydney, 12 September, 1891.
Sir,
Referring to my letter of the 28th ultimo and previous correspondence on the subject of a site for a new Court-house at Kiama, I have the honor to invite your attention thereto, and to ask that the report desired by the Minister may be forwarded as early as possible, the matter being one of urgency.
I have, &c,
ARCH C FRAZER,
Under Secretary.
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No. 12.
MEMO FROM THE GOVERNMENT ARCHITECT TO THE UNDER SECRETARY FOR PUBLIC WORKS.
Subject:—Proposed New Court-house, Kiama.
Department of Public Works, Government Architect’s Branch, 15 September, 1891.
In respect to this matter and the papers thereon containing as minute dated 21st Nove3mber, 1890, in which after careful inspection, I reported that with certain repairs and additions, at an estimated cost of £250–£300, the present Court-house would answer all purposes for time to come, and which recommendation received ministerial sanction, I have the honor to report that should it be decided notwithstanding to erect a new building, the site suggested at the corner of Manning and Market Streets is in all respects a suitable one, and the is estimated at £3,000.
It is very problematical whether the old building and site in Terralong-street would, if offered for sale, fetch anything like that sum.
WL VERNON.
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The Under Secretary for Justice.—JB, BC, 16/9/91. Submitted with reference to Minister’s minute, 27/8/91.—ACF, 21/9/91. Government Valuator might be asked for report as to value of present building site.—AJG, 25/9/91. The Under Secretary for Public Works.—TEM’N. (for US), BC, 28/9/91. Land Valuer.—DCM’L (for US), 28/9/91.
I think the present site, which is in the best part of Kiama and has a frontage of 165 feet to Terralong-street, is worth about £15 per foot (exclusive of buildings), or altogether £2,475 for the land only.—JBT, 6/10/91. US Works.
The Under Secretary for Justice.—JB, BC, 6/10/91. Submitted.—ACF, 8/10/91. Let me have plan of present Court-house with prior papers re repairs, &c.—AJG, 12/10/91. The Under Secretary for Public Works.—ACF, BC, 13/10/91. The Govt Architect.—DCM’L (per US), BC, 14/10/91. Plans of present Court-house herewith, as requested by the Minister for Justice.— WLV, BC, 16/10/91. Under Secretary Public Works. The Under Secretary for Justice.— JB, BC, 20/10/91. Submitted.—ACF, 22/10/91.
I may be permitted to urge upon my successor an early decision upon Mr Fuller’s application for the erection of a new Court-house at Kiama. The state of the present building and the early completion of the railway are strong factors in my mind to justify a compliance with Mr Fuller’s recommendation.—AJG, 23/10/91. Submitted.—TEM’N, 27/10/91.
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No. 13.
Minute by the Minister of Justice.
BEFORE finally deciding this matter I would like to have before me a plan showing the accommodation which the Colonial Architect’s proposed building will afford, and also the views of the Inspector-General of Police as to the police accommodation required. If the proposed plan contains police accommodation can be submitted to the Inspector-General after I have seen it.
RE O’CONNOR,
31/12/91.
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Forwarded to the Under Secretary for Public Works, with a view to the Government Architect being instructed to prepare plans of a new Court-house at Kiama as desired by the Minister of Justice.—TEM’N, (pro US), BC, 8/1/92.
The Government Architect.—DCM’L, (pro US), BC, 11/1/92.
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No. 14.
MINUTE BY THE GOVERNMENT ARCHITECT TO THE UNDER SECRETARY FOR PUBLIC WORKS.
Subject:—New Court-house, Kiama.
Department of Public Works, Government Architect’s Branch, Sydney, 25 January, 1892.
I FORWARD herewith sketch plan of building estimated to cost £3,000.
WL VERNON.
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Under Secretary for Justice.—JB, BC, 28/1/92.
Submitted in reference to Minister’s minute of 31st December, 1891, herewith. It will be seen that the plan prepared by the Government Architect does not provide for police accommodation.—ACF, 3/2/92.
The Inspector-General of Police for report.—REO’C, BC, 12/2/92. TEM’N, (pro US).
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No. 15.
THE INSPECTOR-GENERAL OF POLICE TO THE UNDER-SECRETARY OF JUSTICE.
Kiama Court-house.
Police Department, Inspector-General’s Office, Sydney, 13 February, 1892.
CONSIDERING the small amount of railway traffic and the little business at the Court, the inconvenience will not be considerable.
If the site is sold, of course value has been parted with, besides the present Court building, and it has been apparently not taken into consideration that the watch-house is to be included in the sale—an excellent building—and it would probably cost £1,5000 to replace it.
I cannot, therefore recommend that the present building should be replaced.
EDMUND FOSBERY,
Inspector- General of Police.
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BC. The Under Secretary, Department of Justice. Submitted in reference to Minister’s minute of 12th inst.—ACF, 16/2/92. I would like to see Mr Fuller about the matter.—REO’C, 18/2/92.
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No. 16.
THE COUNCIL CLERK, KIAMA TO THE UNDER SECRETARY FOR PUBLIC WORKS.
Kiama Municipal Council, Kiama, 20 April, 1892.
Sir,
I have the honor, by instructions from this Council, to call your attention to the bad state of a portion of the public footway on Government property on the southern side of Terralong-street in this Borough, extending from the Court-house to the post office, and to ask that you will be good enough to have the necessary repairs effected in connection with the same.
I have, &c,
JOHN HOLBROOK,
Council Clerk.
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The Government Architect.—JB, BC, 24/4/92.
The estimated total cost of this work is £47, chargeable equally to votes for Court-houses and post and telegraph offices, which are both fully appropriated. I would, however, point out that recent papers show it is intended to condemn the present court buildings, and sell the site.—WLV. The Under Secretary for Works, 31/5/92.
Will the Under Secretary for Justice kindly say what his Department proposes to do in the matter of the Court-house.—WL, 7/6/92.
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No. 17.
MINUTE BY THE UNDER-SECRETARY OF JUSTICE.
Department of Justice, Sydney, 19 May, 1892.
MEMO.—Before submitting these papers to the Minister to be finally dealt with, I shall be obliged if the Inspector-General of Police will state what accommodation will be required for the police, in the event of it being decided that a new Court-house should be erected on the site at the corner of Market and Manning Street, Kiama. An early answer will oblige.
ACF.
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The Inspector-General of Police.—ACF, BC.
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No. 18.
MR POLICE-SUPERINTENDENT RYELAND TO THE INSPECTOR-GENERAL OF POLICE.
Police Department, Superintendent’s Office, Eastern District,
Sydney, 26 May, 1892.
Sir,
I beg to report that if the Court-house at Kiama be repaired, and the additions made to same, as recommended by the Government Architect, it will, I am of opinion, afford sufficient accommodation for some years. The railway traffic passing near will not be much inconvenience, as very few trains are likely to pass during court hours.
The police quarters, stables, and lock-up (nearly new), with quarters, are on the same line of frontage; therefore, if decided to erect a new Court-house on the site proposed, a new lock-up, with quarters, barracks, stables, &c, will be necessary, at a cost of at least £2,5000.
I have, &c,
JAS RYELAND,
Superintendent.
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Forwarded for the information of the Minister for Justice. I am of opinion that the erection of a new building is wholly unnecessary. The cost for this Department would certainly be greater than estimated by Mr Ryeland:—The lock-up (say) £1,700; barracks, £2,000; stabling, £300; total, £4,000.—Edmund Fosbery, IGP, BC, 26/5/92. The Under Secretary, Department of Justice.
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No. 19.
THE UNDER SECRETARY OF JUSTICE TO THE NDER SECRETARY FOR PUBLIC WORKS
Department of Justice, Sydney, 18 July, 1892.
Sir,
Referring to your BC communication of the 7th ultimo, in which you ask to be informed what is being done in respect of the proposed erection of a new Court-house at Kiama., I am directed to inform you that considering the urgent necessity for restricting expenditure at present, the Minister is not disposed to sanction any outlay which is not absolutely necessary; and looking at the matter from every point of view, he does not see any immediate necessity for the erection of a new building at that place, as the suggested repairs to the old buildings will, in his opinion, be all that is necessary for some time to come.
I am, therefore, to ask you to invite the Secretary for Public Works to be good enough to instruct the Government Architect to proceed with the repairs suggested as early as possible, such expenditure to form a charge against the unexpended balance of the vote for repairs, &c, to Court-houses, 1892.
I have, &c,
ARCH C FRASER
Under Secretary.
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The Government Architect.—DCM’L (per US), BC, 20/7/92.
(Four plans.)
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The Sydney Morning Herald, Fri 28 Aug 1896 2
COUNTRY NEWS.
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(From Our Correspondents.)
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Kiama, Thursday.
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The attention of the Mayor was directed to the want of courthouse accommodation in Kiama. It was resolved to write to the Minister for Justice pointing out the need for a new courthouse, and asking that an officer be sent down to inspect and report.
1 ML: Q352.77099/4 Court-house, Kiama: correspondence respecting, 13 Oct 1890-18 Jul 1892, pp. 85-90.
2 The Sydney Morning Herald, Fri 28 Aug 1896, p. 5.