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BURT, SIR ARCHIBALD PAULL (1810-1879), first chief justice of
Western Australia, |
son of George Henry Burt, was born in 1810 and educated at a private school
at Richmond, England. He was called to the bar in 1845 and went to the island of
St Christopher in the West Indies, where he was attorney-general from 1849 to
1860. He was then appointed commissioner of the civil court and court of quarter
sessions at Perth. Shortly after his arrival in 1861 he discovered that under
the constitution he was unable to issue writs of habeas corpus or
certiorari. An ordinance was then passed creating a supreme court with
Burr as chief justice. He was the only judge in the colony for many years, and
in 1870 much feeling was caused by his arbitrary conduct in fining (Sir) S. H.
Parker, who was appearing for a prisoner, for "malpractice and misconduct" and
afterwards fining and imprisoning two editors of newspapers for, in the one case
printing a letter from Parker, and in the other for commenting on the case. The
bitterness arising from these cases did not die down for some years. Burt no
doubt took this stand because he thought the dignity of his position was
involved. Apart from this incident he established a high reputation as a
courteous and capable chief justice. He died on 21 November 1879 while still in
office. He was knighted in 1873. He married in 1836 Louisa Emily Bryan and there
was a large family. His seventh son, the Hon. Septimus Burt, K.C., born on 25
October 1847, was the first attorney-general of Western Australia under
responsible government from 1890 to 1897. Another son, Octavius Burt, I.S.O.,
born in 1849, filled many offices before becoming comptroller-general of prisons
and chief electoral officer; and a third son, Alfred Earle Burt, I.S.O., became
registrar of titles and deeds of Western Australia.
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