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Sir
Francis Forbes
Francis Forbes colour.jpg
Francis Forbes (artist unknown)
Chief Justice of New South Wales
In office
1824–1837
Preceded by New position
Succeeded by James Dowling
Chief Justice of Newfoundland
In office
1816–1822
Preceded by Caesar Colclough
Succeeded by Richard Alexander Tucker
Personal details
Born
Francis William Forbes

1784
Bermuda
Died 8 November 1841(1841-11-08) (aged 56–57)
Newtown, New South Wales, Australia

Sir Francis William Forbes (born 1784 – died 1841) was an important judge. He served as the Chief Justice of Newfoundland. Later, he became the very first Chief Justice of New South Wales in Australia. He played a big role in shaping the legal system there.

Early Life of Francis Forbes

Francis Forbes was born in 1784 in Bermuda. His father was a doctor. Francis went to school in Bermuda.

When he was 19, Francis traveled to London, England. He went there to study law. In 1812, he became a lawyer. He also worked as a government lawyer in Bermuda. In 1813, he married Amelia Sophia Grant. They returned to England in 1815.

Serving as Chief Justice in Newfoundland

In 1816, Francis Forbes was asked to be the Chief Justice of Newfoundland. He started his job in July 1816. While in Newfoundland, he helped limit the power of the naval governors. This meant the navy had less control over everyday life.

In 1820, he even wrote the words for a song called "The Banks of Newfoundland". Francis had to return to London in 1822 because of his poor health. He also found the cold winters difficult. Instead of going back to Newfoundland, he accepted a new job. He became the Chief Justice of New South Wales and Van Diemen’s Land (now Tasmania).

Chief Justice in New South Wales

Silver trowel used by Sir Francis Forbes to lay the foundation stone of the Sydney College, 1830
This trowel was used by Sir Francis Forbes. He used it to lay the first stone of Sydney College in 1830. This school later became Sydney Grammar School.

In 1822, Francis Forbes was chosen for a big job. He became the Chief Justice of the Supreme Court of New South Wales. His main task was to improve the legal system in the colony. This happened after a review of the colony's affairs.

Before he left for Australia, he helped write a very important law. This law was called the New South Wales Act 1823. It created a new Supreme Court. This court replaced the old legal ways from the convict days. Forbes was the only judge in this new court. He also had a role in the government councils. All new laws in the colony had to be approved by him. He had to make sure they followed English laws.

Forbes arrived in Sydney in March 1824. The new court started on May 17, 1824. The Governor, Sir Thomas Brisbane, was very impressed with Forbes. He said that the colony felt much better after Forbes arrived.

However, Forbes soon had disagreements with the new governor, Sir Ralph Darling. Governor Darling wanted to pass laws that would limit the freedom of the press. This meant controlling newspapers. Forbes refused to approve these laws. He believed they went against English law. He explained that the Supreme Court was there to protect people from too much power. Forbes felt it was his duty to ensure the laws of the British Empire were followed. The issue was sent to England. Legal experts there agreed that Forbes was right. They said he had done his duty honestly.

Forbes had a very busy job. His arguments with Governor Darling also made him tired. His health started to suffer.

Forbes also strongly supported the idea of trial by jury in New South Wales. On October 14, 1824, the first jury trial happened. Twelve men who had never been convicts served as jurors. This was a big change. Before this, judges made all the decisions in criminal trials.

Forbes also believed in free education for everyone. In 1830, he laid the first stone for Sydney College. This was a school open to all, not just one religion. He had spent five years leading the committee to set it up. He remained in charge when the school finally opened in 1835.

Later Life and Retirement

Because of his heavy workload and disagreements, Forbes took sick leave in 1836-1837. While in England, he gave evidence to a committee. This committee was looking into how convicts were sent to Australia. He spoke strongly against sending misbehaving convicts to harsh places like Norfolk Island. He wanted punishments to be more humane and less cruel.

In early 1837, Forbes received exciting news. He was going to be made a knight! After getting over two illnesses, he went to St James Palace. On April 5, 1837, King William IV made him a knight. Francis Forbes, the boy from Bermuda, became Sir Francis Forbes.

Even after his sick leave, Forbes did not get his strength back. He tried different spa resorts in France and Italy, but it didn't help. He felt overwhelmed by his job. He retired as Chief Justice of New South Wales on July 1, 1837. He had hoped to enjoy a quiet retirement. But he needed to stay close to his doctors.

Forbes died in a rented house in Newtown, New South Wales, on November 8, 1841. He was only 57 years old. His mother, his wife Lady Amelia, and his two sons survived him. His sons were studying in England at the time.

Legacy and Recognition

Forbes 021resized
This candelabrum was given to Sir Francis Forbes by the people of New South Wales. It shows their respect for him.

Many places are named after Sir Francis Forbes.

  • The town of Forbes in central New South Wales is named after him.
  • The Francis Forbes Society for Australian Legal History in Sydney is also named after him.
  • Mount Forbes in Queensland is named after him.
  • Forbes Street in Darlinghurst is named after him.

The State Library of New South Wales has a special candelabrum. It was given to Forbes by the people of New South Wales in 1839. They gave it to him after he retired. They praised him highly, saying he had great strength and wisdom. They said he overcame many challenges.

These grateful people raised a lot of money, over £260. This would be about AUS$33,000 today. They used the money to have a silversmith in London create the candelabrum. It weighs over 11 kilograms and is made of silver.

See also

  • List of judges of the Supreme Court of New South Wales
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