John Hargrave (judge): Difference between revisions - Wikipedia

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{{Short description|Australian politician}}

{{Use dmy dates|date=October 2014}}

{{Use Australiandmy Englishdates|date=OctoberAugust 20142021}}

{{Use Australian English|date=August 2021}}

{{Infobox Politician

| image =File: John Fletcher Hargrave SLNSW FL1042982.jpg

| image =

| caption = Portrait of John Fletcher Hargrave, ca. 1875

| name = John Fletcher Hargrave

| honorific-prefix =

| honorific-suffix = {{post-nominals|country=AUS|size=100%|QC}}

| office office5 = Member[[List of [[LegislativeJudges of the District Court of CouncilNSW#Judge|Judge of Newthe SouthDistrict WalesCourt]]

| term_start term_start5 = 123 OctoberFebruary 1859

| term_end term_end5 = 2321 JuneFebruary 18651859

| office2 assembly3 = [[New South Wales Legislative Assembly]]▼

| predecessor =

| successorterm_start3 = 15 =March 1859

| term_end3 = 11 April 1859

| constituency =

| constituency2constituency_AM3 = [[Electoral district of Eastern Division of Camden|East Camden]]▼

| majority =

| term_start4 = 2215 June 18651859▼

▲| office2 = [[New South Wales Legislative Assembly]]

| term_start2term_end4 =15 March11 October 1859

| term_end2assembly4 =11 AprilNew 1859South Wales Legislative

| constituency3constituency_AM4 = [[Electoral district of Illawarra|Illawarra]]▼

| predecessor2 =

| office4office2 = Judge,Member of [[SupremeLegislative CourtCouncil of New South Wales]]▼

| successor2 =

| term_start2 = 12 October 1859

▲| constituency2 = [[Electoral district of Eastern Division of Camden|East Camden]]

| majority2term_end2 = 23 June 1865

| office1 = [[List of judges of the Supreme Court of New South Wales#Judge|Judge of the Supreme Court]]

| office3 =

| term_start3term_start1 =15 22 June 18591865

| term_end3term_end1 = 11 October 18591881

| predecessor3 =

| successor3 =

▲| constituency3 =[[Electoral district of Illawarra|Illawarra]]

| majority3 =

▲| office4 = Judge, [[Supreme Court of New South Wales]]

▲| term_start4 = 22 June 1865

| term_end4 = 1881

| birth_date = 28 December 1815

| birth_place = [[Greenwich]], England

| death_date = 23{{date Februaryof death and age|1885|2|23|1815|12|28|df=y}}

| death_place = Sydney, [[Rushcutters Bay]], New South Wales]]

| party =

| relations =

| spouse = Ann Hargrave

| children = [[Lawrence Hargrave]]

| residence =

| occupation =

Line 48 ⟶ 42:

}}

'''John Fletcher Hargrave''' {{post-nominals|country=AUS|size=100%|QC}} (28 December 1815 – 23 February 1885) was ana British-born Australian politician and judge.

Hargrave was born to Joshua Hargrave and Sarah Hargrave (née Lee) at [[Greenwich]], England. His father was a hardware merchant. He was educated at [[King's College London|King's College]], London in 1830 winning a certificate of honour for rhetoric. He went on to [[Trinity College, Cambridge]] and was awarded a Bachelor of Arts in 1837 and a Masters of Arts in 1840.<ref>{{acad|id=HRGV833JF|name=Hargrave, John Fletcher}}</ref> He enrolled at [[Lincoln's Inn]] and was [[called to the Bar]] in 1841.

He married his cousin Ann Hargrave on 20 September 1843. They were to have three sons and a daughter. He retired from the bar in 1851 and some time after was committed to an asylum at [[Colney Hatch]] in [[Middlesex]] by his wife and he gradually recovered there. He never forgave his wife for this.<ref name="adb" />

He migrated to Sydney, [[New South Wales]] in February 1857. He was admitted to the New South Wales bar on his arrival and became a [[List of Judges of the District Court of NSW|judge of the then District Court]]. His wife returned to England because he could not endure her presence. He resigned from the bench in February 1859 as his judgeship was "disastrous for women suitors" as he regularly decided against them. He became solicitor-general for New South Wales on 21 February 1859 following his resignation and held that appointment until 26 October of that year. He appointed again to that position on 3 November and held it till 8 March 1860.

Following his resignation, he was appointed [[Solicitor General for New South Wales]] on 21 February 1859 in the [[Cowper ministry (1857–59)|second Cowper ministry]] and held that appointment until 26 October of that year.<ref name="John Hargrave NSW Parl"/> He was not a member of parliament at the time he was appointed Solicitor General and [[Robert Owen]], the member for [[Electoral district of Eastern Division of Camden|East Camden]], was appointed to the District Court to replace Hargrave, and Hargrave in turn replaced Owen as the member for East Camden at the [[1859 East Camden colonial by-election|resulting by-election]].<ref>{{Cite NSW election |title=1859 East Camden by-election |year=1858 |district=CamdenEast_1 |access-date=19 June 2019}}</ref> East Camden was abolished in 1859, partly replaced by [[Electoral district of Illawarra|Illawarra]], and Hargrave was successful at the [[Results of the 1859 New South Wales colonial election#Illawarra|election on 15 June]],<ref>{{Cite NSW election |year=1859 |district=Illawarra |access-date=2021-01-24}}</ref> but only served until 11 October 1859, when he resigned to accept an appointment to the Legislative Council.<ref name="John Hargrave NSW Parl">{{cite NSW Parliament |name=Mr John Fletcher Hargrave, QC (1815-1885) |id=434 |former=Yes |access-date=11 March 2019}}</ref>

He represented [[Electoral district of Eastern Division of Camden|East Camden]] in the [[New South Wales Legislative Assembly]] between 15 March and 11 April 1859, and then the [[Electoral district of Illawarra|Illawarra]] from 15 June to 11 October 1859.

On 12 October 1859 he was appointed to the [[Legislative Council of New South Wales|Legislative Council]], filling the vacant role of [[Representative of the Government in the Legislative Council (New South Wales)|Representative of the Government in the Legislative Council]]. When the second Cowper ministry resigned, Hargrave was reappointed Solicitor General in the [[Forster ministry]] on 3 November and held it till 8 March 1860.<ref name="John Hargrave NSW Parl"/> He was appointed [[Attorney General of New South Wales|Attorney General]] in the [[Robertson ministry (1860–61)|first Robertson ministry]] from 2 April 1860, retaining the position in the [[Cowper ministry (1861–63)|third Cowper ministry]] until 31 July 1863. Hargrave controversially accepted the lesser role of Solicitor General to allow [[John Darvall]] to be appointed Attorney General.<ref>{{cite news |author=A barrister of England, New South Wales and Victoria |url=https://nla.gov.au/nla.news-article28620568 |title=To the editor: Mr Darvall's appointment as Attorney General |newspaper=[[The Sydney Morning Herald]] |date=4 August 1863 |access-date=5 September 2020 |page=5 |via=Trove}}<br>{{cite news |first=Arthur |last=Holroyd |author-link=Arthur Holroyd |url=https://nla.gov.au/nla.news-article13082585 |title=To the editor: Mr Darvall's appointment as Attorney General |newspaper=[[The Sydney Morning Herald]] |date=5 August 1863 |access-date=5 September 2020 |page=3 |via=Trove}}<br>{{cite news |author=A barrister of England, New South Wales and Victoria |url=https://nla.gov.au/nla.news-article13082634 |title=To the editor: Mr Darvall's appointment as Attorney General |newspaper=[[The Sydney Morning Herald]] |date=6 August 1863 |access-date=5 September 2020 |page=5 |via=Trove}}</ref> He was appointed [[Queen's Counsel]] on 7 August 1863.<ref>{{cite news |url=https://nla.gov.au/nla.news-article13092701 |title=Supreme Court sitting in Banco |newspaper=[[The Sydney Morning Herald]] |date=20 October 1863 |access-date=5 September 2020 |page=5 |via=Trove}}</ref><ref>{{cite web |title=NSW silk appointments |url=https://www.nswbar.asn.au/the-bar-association/nsw-silk-appointments |website=NSW Bar Association |access-date=30 January 2019 |archive-date=28 March 2019 |archive-url=https://web.archive.org/web/20190328031602/https://www.nswbar.asn.au/the-bar-association/nsw-silk-appointments/ |url-status=dead }}</ref> Hargrave was Solicitor General from 1 August 1863 and 15 October 1863 and again in the [[Cowper ministry (1865–66)|fourth Cowper ministry]] from 3 February until 21 June 1865. Hargrave resigned from the Legislative Council on 23 June 1865.<ref name="John Hargrave NSW Parl"/>

On 12 October 1859 he was appointed to the [[Legislative Council of New South Wales|Legislative Council]] and held that appointment until 23 June 1865. He was [[Attorney-General of New South Wales]] from 2 April 1860 until 31 July 1863, and then returned to the role of Solicitor General between 1 August 1863 and 15 October 1863. There was a further appointment between 3 February and 21 June 1865.

He then received a life appointment to the Council on 3 September 1861. In Parliament he was on the:

*Standing Orders Committee,

Line 69 ⟶ 63:

*the Australian Agricultural Company's Newcastle Railway Bill Committee.

He was appointed a [[Kings Counsel]] in 1863. He was appointed a judge of the [[Supreme Court of New South Wales]] on 22 June 1865 but his swearing-in was boycotted by the New South Wales Bar.<ref name=adb>{{Australian Dictionary of Biography |last=Bennett |first=J M |year=1972 |id2=hargrave-john-fletcher-3718 |title=Hargrave, John Fletcher (1815-1885) |access-date=19 April 2019}}</ref> He was the Judge in divorce appointed to the Divorce Division of the Court. He proved to be a disaster on the bench and he admitted that he did not sit before 11am or work after 1pm. He retired as a judge in 1881.<ref>{{cite web|title=John Fletcher Hargrave (1815–1885) |url=http://www.parlpapers.sl.nsw.gov.au/display.cfm?parl_id=7400 |access-date=30 August 2008 |publisher=New South Wales Government |year=2006 |work=State Library of New South Wales project for the Sesquicentenary of Responsible Government in NSW, 1856–2006}}</ref>

|last=Bennett

|first=J. M.

|authorlink=

|year=1972

|id=A040392b

|title= Hargrave, John Fletcher (1815 - 1885)

|accessdate=2008-08-30 }}</ref> He was the Judge in divorce appointed to the Divorce Division of the Court. He proved to be a disaster on the bench and he admitted that he did not sit before 11am or work after 1pm. He was retired as a judge in 1881.<ref>{{cite web|title=John Fletcher Hargrave (1815–1885)|url=http://www.parlpapers.sl.nsw.gov.au/display.cfm?parl_id=7400|accessdate=2008-08-30|publisher=New South Wales Government|year=2006|work=State Library of New South Wales project for the Sesquicentenary of Responsible Government in NSW, 1856–2006}}</ref>

He became reader a in general jurisprudence at the [[University of Sydney]], andbecoming gavethe hiscolony's first lecturelaw lecturer on 3 August 1858. His course of twenty lectures were published in 1878.<ref>[https://nla.gov.au/nla.obj-405723970/view?partId=nla.obj-405731165 HeHargrave, diedJ.F. in(1878), 1885''Law andLectures was&c., buried&c. inby [[Waverleythe Cemetery]]Hon. John Fletcher Hargrave'', Sydney: John Ferguson.]; Alan Davidson, “John Fletcher Hargrave: A Chronical of Australia’s First Law Lecturer”, (2021) 95 Australian Law Journal 934</ref>

He died at [[Rushcutters Bay]] on {{date of death and age|1885|2|23|1815|12|28|df=y}}<ref>{{cite news |url=https://nla.gov.au/nla.news-article13579844 |title=Family Notices |newspaper=[[The Sydney Morning Herald]] |date=26 February 1885 |access-date=22 September 2022 |page=1 |via=Trove}}</ref> and was buried in [[Waverley Cemetery]]. His wife Ann died on the [[North Shore (Sydney)|North Shore]] on 29 October 1885 (aged 66).<ref>{{cite news |url=https://nla.gov.au/nla.news-article13602228 |title=Family Notices |newspaper=[[The Sydney Morning Herald]] |date=31 October 1885 |access-date=22 September 2022 |page=1 |via=Trove}}</ref>

His brother [[Richard Hargrave]] also served in the New South Wales Parliament after arriving in New South Wales in 1838. His son [[Lawrence Hargrave]] was the inventor of the box or cellular kite. Hargrave's great, great nephew [[Rick Colless]] is a current serving member of the New South Wales Parliament.<ref name="Speech">{{cite web|title=Legislative Council Rural Assistance Amendment Bill Hansard (Extract)|url=http://www.parliament.nsw.gov.au/prod/parlment/members.nsf/bc7876d9985e3b87ca256ce000181fc7/3882f90570199453ca25694b0026ab47/$FILE/First%20Speech.Colless.pdf|format=pdf|accessdate=2008-08-30|publisher=Parliament of New South Wales|date=2000-10-11|work=NSW Parliament website}}</ref>

His brother [[Richard Hargrave]] also served in the New South Wales Parliament after arriving in New South Wales in 1838.<ref name="Richard Hargrave NSW Parl">{{cite NSW Parliament |id=452 |name=Mr Richard Hargrave (1817-1905) |access-date=19 April 2019}}</ref> His son [[Lawrence Hargrave]] was the inventor of the box or cellular kite.<ref name="Lawrence Hargreave">{{AuDB |last=Inglis |first=Amirah |year=1983 |id2=hargrave-lawrence-6563 |title=Hargrave, Lawrence (1850–1915) |access-date=19 April 2019}}</ref> Hargrave's great, great nephew [[Rick Colless]] was a member of the Legislative Council.<ref name="Speech">{{cite NSW Parliament |id=14 |name=Mr Richard Hargrave Colless HD App Sci(Agric) (1952-) |access-date=19 April 2019}}<br>{{cite Hansard |title=Legislative Council Rural Assistance Amendment Bill Hansard (Extract) |speaker=Richard Colless |url=https://www.parliament.nsw.gov.au/member/files/14/First%20Speech.Colless.pdf |format=pdf |access-date=19 April 2019 |jurisdiction=New South Wales |house=Legislative Council |date=11 October 2000}}</ref>

==References==

{{Reflist}}

&nbsp;

{{s-start}}

{{Government of New South Wales}}▼

{{s-par|au-nsw-la}}

{{s-bef |before=[[Robert Owen (Australian politician)|Robert Owen]]}}

{{s-ttl |title= [[Electoral district of East Camden|Member for East Camden]]|alongside=[[John Marks (Australian politician)|John Marks]] | years=March{{spaced ndash}}April 1859}}

{{s-non |reason=Seat abolished<br>{{nobold|mostly replaced by Illawarra}}}}

{{s-new |seat|reason=mostly replacing East Camden}}

{{s-ttl |title= [[Electoral district of Illawarra|Member for Illawarra]]| years=June{{spaced ndash}}October 1859}}

{{s-aft |after=[[Samuel Gordon (Australian politician)|Samuel Gordon]]}}

{{s-off}}

{{s-bef |before=[[William Bede Dalley|William Dalley]] }}

{{s-ttl |title=[[Solicitor General for New South Wales|Solicitor General]] | years=February 1859{{spaced ndash}}March 1860}}

{{s-vac |1 = dormant |next = Himself}}

{{s-bef| before=[[John Dickson (Australian politician)|John Dickson]]}}

{{s-ttl |title=[[Representative of the Government in the Legislative Council (New South Wales)|Representative of the Government<br>in the Legislative Council]]

| years=12{{spaced ndash}}15 October 1859}}

{{s-aft| after=[[Geoffrey Eagar]]}}

{{s-bef| before=[[Geoffrey Eagar]]}}

{{s-ttl |title=[[Representative of the Government in the Legislative Council (New South Wales)|Representative of the Government<br>in the Legislative Council]]

| years=March 1860{{spaced ndash}}October 1863}}

{{s-aft| after=[[John Plunkett]]}}

{{s-bef |before=[[William Montagu Manning|William Manning]] }}

{{s-ttl |title=[[Attorney General of New South Wales|Attorney General]] | years=March 1860{{spaced ndash}}July 1863}}

{{s-aft |after=[[John Darvall]]}}

{{s-vac |1 = dormant |last= himself}}

{{s-ttl |title=[[Solicitor General for New South Wales|Solicitor General]] | years=August{{spaced ndash}}October 1863}}

{{s-aft |after=[[Peter Faucett]]}}

{{s-bef |before=[[Peter Faucett]] |as=Solicitor General}}

{{s-ttl|title=[[Solicitor General for New South Wales|Solicitor General]]<br>[[Representative of the Government in the Legislative Council (New South Wales)|Representative of the Government<br>in the Legislative Council]] | years=February 1865{{spaced ndash}}January 1866 |rows=2}}

{{s-aft |after=[[Robert Isaacs]] |as=Solicitor General}}

{{s-bef| before=[[John Plunkett]] |as=Representative of the Government}}

{{s-aft| after=[[Joseph Docker]] |as=Representative of the Government}}

{{s-end}}

{{Authority control}}

{{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. -->

| NAME =Hargrave, John

| ALTERNATIVE NAMES =

| SHORT DESCRIPTION = Australian politician

| DATE OF BIRTH =28 December 1815

| PLACE OF BIRTH =[[Greenwich]], England

| DATE OF DEATH =23 February 1885

| PLACE OF DEATH =Sydney, [[New South Wales]]

}}

{{DEFAULTSORT:Hargrave, John}}

[[Category:1815 births]]

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[[Category:Alumni of King's College London]]

[[Category:Alumni of Trinity College, Cambridge]]

[[Category:Australian QueenKing's Counsel]]

[[Category:Attorneys Generalgeneral of the Colony of New South Wales]]

[[Category:Solicitors general for New South Wales]]

▲{{Government[[Category:Colony of New South Wales}} judges]]

[[Category:19th-century Australian politicians]]

[[Category:19th-century Australian judges]]

[[Category:Judges of the District Court of NSW]]