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University of Adelaide. Law School.
Papers related to the teaching of law and the history of the Law School, and legal notebooks ca. 1823-1983

MSS 0130


Contents Summary

Papers related to teaching Law at the University of Adelaide comprise a small selection of annotated examination papers and the teaching notes of M.C. Kriewaldt.

A collection of manuscript legal notebooks dating from the 18th to the early 20th centuries includes those of former lecturer in Law Edward Warner Benham, and David Hogarth's notebooks on Holdsworth's 'History of English law' compiled towards his Honours degree. Also a collection of 51 volumes of 18th century hand-written case notes and reports donated by Emeritus Professor Arthur Rogerson, Dean of the Faculty of Law from 1964 to 1968.

Papers relating to the history of the Law School comprise source material compiled by Alex Castles, Andrew Ligertwood and Peter Kelly for the Centenary history, Law on North Terrace, 1883-1983 published in 1983. These include photographs, manuscript and typescript notes, transcripts of interviews and Law Students' Society memorabilia.

The papers were transferred from the Law Library to Special Collections in 2009.

Contents Listing

Series 1: Examination papers  1 cm.

  • The Law of Wrongs 1890
  • Roman Law  1970-1980 (incomplete), some annotated and with notes

Series 2: 'Notes on the Law of Property (Real and Personal) 1946', and 'Extracts from cases on the Law of Property (Real and Personal) prepared for the use of students 1946' by M.C. Kriewaldt. Typescripts (Roneo copies) and manuscript, in springback folder. 2 cm.

Series 3: Notebooks of Edward Warner Benham ca 1910-1939, includes notes for lectures, clippings, loose notes etc. In leather case 26x16x36 cm.

  • Small notebooks (signed EW Benham, University Chambers, Currie St, Adelaide)
    • 'Commonplace book', mostly blank, with clippings dated 1918-1919
    • Private international law (3 books)
    • Real property (4 books) Book 4 includes sundry additional notes
  • Large notebooks (signed EW Benham, some with address The University, North Tce)
    • Trusts (7 books) Book 7 includes notes for Company Law pt 1, and Lecture ticket Sept. 16, 1916 for Property Law II, for JGT Woods
    • Company law (4 books) Pt 4 includes Married Women p. 1-29.
    • Married women (2 books) Cont. from Company Law, plus Bills of Sale
    • Equity (1 book)
    • Leases (2 books)
    • Personal property (3 books)
    • Mortgage (2 books) Incomplete

Series 4: Miscellaneous notebooks 11 cm.

  • Ms notebook on Bills of Chancery ca 1823, many signed Thomas Pemberton. Also bears stamp: F.P. Kelly Dec. 1936.
  • 6 ms notebooks [late 19th century?]
    2 notebooks appear to be undergraduate lecture notebooks from Dublin, dated May 1-June 5, and Nov. 4-Dec. 9 [no year] on the law of inheritance and property. The other notebooks are summaries of law texts, and study notebooks on aspects of law in general, Roman law, law of inheritance etc. One bears a Dublin booksellers stamp (it was suggested that these notebooks possibly belonged to Professor Frederick William Pennefather, but this seems unlikely)
  • 2 ms notebooks on Holdsworth's 'History of English law', signed David Hogarth 7/12/1934 and 4/6/1935
    David Hogarth, QC, was a former Supreme Court judge who completed his Honours Degree in Law in 1935. The notebooks were initially lent to Horst Lucke by Justice Hogarth, and then passed on to the Law Librarian, Dick Finlay, in June 1981.
  • Ms notebook of lecture notes on Law of Evidence, 129 leaves. Some sections dated April, August, September and October 1915 (inscribed at end: The End Thank God). Additional notes on legal procedures written from back of book on alternate blank pages, 43 [18] leaves. With an inserted typescript "Affidavit in support of order giving leave to take out exhibits" in the case of "Attorney General v. Peters & anor." (Thomas Peters and John Symonds), "no. 262 of 1924", dated 14/1/1925, signed by P. P. Pachham and James Aloysius Meaney. [Law of Evidence and Procedures was a 3rd and 4th year subject at the University of Adelaide in 1915]
  • Lewis G. Wright (Adelaide Law undergraduate 1887-1891) Ms notebook of 20 law lectures, 25 April to 31 October 1887 (119 p.) covering Personal property; Contracts of sale; Specialty contracts; Preliminary lectures 1-10: statues cited, cases cited, analyses ; Penalty and liquidated damages; Insurance; Bills of sale; Insolvency [?] Act, 1886;  Merchant Shipping Act 1854; Patent Act 1877; Copyright; Preliminary lectures, continued: statues cited, continued; cases cited; questions.

Series 5: Notebooks donated by Professor Arthur Rogerson

This collection of 51 volumes of 18th century hand-written case notes and reports was donated to the University of Adelaide in 1995 by His Honour Emeritus Professor Arthur Rogerson, who served as Dean of the Faculty of Law from 1964 to 1968. The notebooks cover the period from 1729 to 1748 and are thought to be the work of a member of both Lincoln's and Gray's Inns (possibly by a Mr Fawkes). The cases referred to appear to have been heard in the Kings Bench.
A note in the first volume indicates that 52 volumes were purchased [in England?] for £11-11-00.
The notebooks are arranged and numbered in 3 series.

Series 6: Centenary history, Law on North Terrace, 1883-1983 / edited by Alex Castles, Andrew Ligertwood and Peter Kelly. [Adelaide]: Faculty of Law, University of Adelaide, [1983] 5 cm.

  • copy of publication
  • original photographs used in the publication, plus photographs of Alex Castles and Peter Kelley(?), and W. Anstey Wynes(?).
  • file of source material compiled for the centenary history by Alex Castles and Peter Kelley, including
    • correspondence with past graduates
    • typescript history of the Gilbert Jessop Society, articles, reprints, newspaper clippings and extracts from Council minutes etc
    • staff lists
    • Padman family records
    • Biographical information re graduates
    • Typescript 'Note on refresher training for legal profession' by Justice Keith Sangster 30/4/1975
    • Typescript: 'Giants of the past' by Robert Clark
    • Notes from Centenary interviews 1982-83, and transcript of interview with Dorothy Christine Somerville
      Copies of the University of Adelaide Law School oral history archives are available from the Law Library and Barr Smith Library Special Collections
    • Adelaide University Law Students' Society dance invitation 'Law Students' Society Dance Act 1940'
    • Adelaide University Law Students' Society Programs 1934 & 1935

Series 7: Notebook of Thomas Taylor, solicitor, Gawler Place, Adelaide (1842)

[On the history of perpetuities and other notes] [18], [263] leaves ; 19 cm.
Lined notebook with handwritten notes in ink, some pages hand numbered, some with ms annotations. With self index in pencil.
Contents: On the history of perpetuities and other notes -- Powers -- Language of deeds as to powers -- Powers of revocation -- Doctrine of exclusive powers -- Power of appointment -- Powers to sell, exchange & mortgage -- Powers to leave -- Leases under powers -- Lease for years -- Lease -- Power of attorney -- Authority -- Powers or future uses -- Uses not executed by the statute -- On the word 'tenant' -- Purchasers -- Applicon of the purchase money, etc. -- Devises -- Bankruptcy -- Baron & feme -- Descent and purchase -- Dower -- Election -- Executors -- Forfeiture -- Infant.

Series 8: Gilbert Jessop Society
The Gilbert Jessop Society for the playingof cricket matches was formed by the Law School in the mid-1960s.

[Newsletters] edited by R. Finlay (Law Librarian) 13/5/1980, 14/11/1980, 9/2/1981 with descriptions of cricket matches played and list of planned matches.
Memorandum from Michael Barker 11/3/1981 suggesting improvements 
Photographs of Jessop Society teams and players 1980s. 11 photographs.
A collection of memorabilia relating to Gilbert Jessop donated to the Law School by Professor Arthur Rogerson, who purchased them from a descendent of Jessop in 1969. Includes photographs of Jessop; Jessop's signature; Jessop's members ticket for M.C.C. England vs Australia game 26/6/1926; 'Rin's Cricket Caricatures!' from The Weekly Dispatch 1907; photocopy of Jessop's Batting and fielding records 1894-1914.

Cheryl Hoskin
31 July 2009
Revised 12 January 2011


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