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Gilbert E. Primrose

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Gilbert Edward Primrose (27 February 1848 – 16 February 1935) was a Scottish amateur sportsman who made one appearance for the Scottish football XI against England in the representative match played in February 1871. He later settled in Helidon , near Brisbane in Queensland , Australia where he became a director of the Helidon Spa Water Company. In 1959, the company merged with Owen Gardener & Sons to become Kirks .

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55-518: Primrose was born at Dalmeny , near Edinburgh , the third of the six sons of the Hon. Bouverie Francis Primrose (1813–1898) and his wife, Frederica Sophia Anson (1814–1867). His father was the son of Archibald Primrose, 4th Earl of Rosebery and Harriett Bouverie. His mother was the daughter of Thomas Anson, 1st Viscount Anson and Lady Anne Margaret Coke. His brothers included Francis Archibald, (born 1843), Henry William (1846–1923), who became chairman of

110-404: A lower court , elected or appointed by means of a commission ( letters patent ) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction , such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from

165-554: A JP in Queensland was Matilda (Maud) Hennessey of Mackay on 24 April 1918. Justices of the peace and bail justices, who are also volunteers, are appointed to serve a semi-judicial function in all areas of the Victorian community. The main official roles in the Victorian community include witnessing statutory declarations, witnessing affidavits and hearing bail matters outside court hours (bail justices only). The first woman to become

220-583: A JP in Victoria was Mary Catherine Rogers who, in 1920, became the first woman councillor in Australia when she was elected in the City of Richmond . Justices of the peace provide a service to the community as independent witnesses of statutory declarations, powers of attorney and affidavits. JPs, who are also volunteers, are selected through an extensive interview, written exam and practical testing. They are recommended by

275-534: A JP. They must not charge a fee or accept a gift for providing JP services, tell people what to write in a statutory declaration or affidavit or write it for them or give them legal advice. Ways to find a JP in New South Wales include: 1. Search the JP Public Register. The register lists all JPs for each postcode area and provides a telephone contact number for JPs who serve the community directly. 2. Check

330-416: A court session, a justice can perform other judicial functions, such as issuing search warrants. In Ontario , justices of the peace can preside over judicial interim release (bail) hearings and other criminal hearings. JPs can also exercise jurisdiction over provincial regulatory offences and municipal by-law prosecutions. JPs must retire by reaching the age of 65, but may continue working until 75 subject to

385-574: A justice of the peace can be the highest governmental representative, so in fact 'gubernatorial', in a colonial entity. This was the case in the Tati Concessions Land , a gold-mining concession (territory) in the Matabele kingdom , until its annexation by the British Bechuanaland protectorate. A justice of the peace in Australia is typically someone of good stature in the community who

440-714: A police magistrate in the Women's Court of the City of Edmonton (Alberta) on 19 June 1916. In British Columbia , pursuant to the Provincial Court Act , all judges are justices of the peace, and hence all of them are peace officers . In the Northwest Territories , justices may hear summary conviction matters, municipal by-laws, and certain criminal matters. However, in more populated provinces justices usually preside over bail hearings and provincial offences courts. When not in

495-550: A private house, although it is open to the public during the summer months. The house is protected as a category A listed building , while the grounds are included in the Inventory of Gardens and Designed Landscapes in Scotland . In the 13th century, the estate was the property of the Mowbray family , who built Barnbougle Castle . In 1402 Sir John Mowbray of Barnbougle, Laird of Dalmeny,

550-459: A public listing of scheduled JP services to find when JPs are available at scheduled times and locations across the state. In the early years of the Colony of New South Wales , justices of the peace had far greater responsibilities and broader roles in the administration of justice than now. In South Australia, there are two types of justices: justice of the peace and special justices. A justice of

605-456: A walled garden. The son of the 3rd Earl, Archibald Primrose , commissioned further plans in the early 19th century: from William Atkinson (1805) and William Burn (1808). Again nothing was done until Archibald succeeded as 4th Earl of Rosebery in 1814. He then turned for a new house to Jeffrey Wyatt , who provided a Tudor Gothic design. Lord Rosebery approved, but wished to employ William Wilkins , with whom he had attended Cambridge . Wilkins

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660-647: Is a Gothic revival mansion located in an estate close to Dalmeny on the Firth of Forth , in the north-west of Edinburgh , Scotland. It was designed by William Wilkins , and completed in 1817. Dalmeny House is the home of the Earl and Countess of Rosebery . The house was the first in Scotland to be built in the Tudor Revival style . It provided more comfortable accommodation than the former ancestral residence, Barnbougle Castle , which still stands close by. Dalmeny today remains

715-574: Is authorised to witness and sign statutory declarations and affidavits and to certify copies of original documents. [2] There are no Federal level JPs in Australia, as this power is devolved to the State and Territory Governments. Where a Federal Government document or task requires the services of a JP, the rules of each individual State or Territory government will dictate if they have the authority to assist. Criteria for appointment vary widely, depending on

770-596: Is for life, unless a JP resigns, is suspended/dismissed from office, or resides outside of the ACT for a period of more than 12 consecutive months. JPs for the ACT also cover the Australian External Territory of Norfolk Island , and the Internal Jervis Bay Territory , subject to local law variations in those two jurisdictions. In the state of Queensland , a "justice of the peace (qualified)" has

825-445: Is listed as having made a "pre-emptive selection" of 264 acres of agricultural land at Emu Creek, about 17 miles north of Crows Nest . The quality of the water at Helidon had long been known to the indigenous population who claimed that their strength came from the water. In 1879, chemist Reginald Larard was selling water from the spring as "Oogar Dang Water", and by 1881 had entered a partnership with Gilbert Primrose who, had purchased

880-417: Is still a traditional agricultural estate of tenanted farms. The house is open to the public for guided tours only. Some of the rooms are available to hire for corporate and private events. The house was used as a filming location for the fictional castle of 'Dun Dunbar' in the 2021 film A Castle for Christmas . Justice of the peace A justice of the peace ( JP ) is a judicial officer of

935-613: The Civil Service club) was selected as a late replacement for William Baillie-Hamilton for the international football match against England. (In some contemporary match reports, he is listed as "C.E. Primrose".) The match ended in a 1–1 draw with goals from Charles Nepean and Robert Walker . In many present-day databases, Primrose is confused with his elder brother, Henry , who played for Scotland on 19 November 1870. Primrose later emigrated to Queensland , Australia where his brother Francis had already settled. In January 1871, Francis

990-800: The post-nominals JP and BJ respectively after their names. The primary role of a bail justice is to hear bail applications, including after-hours bail, (under the Bail Act 1977 (Vic) ) and to hear applications for Interim Accommodation Orders for children (under the Children, Youth and Families Act 2005 (Vic) ) within Victoria. Bail justices can also witness Victorian statutory declarations and affidavits. Bail justices are appointed for terms of four years and may be re-appointed repeatedly until they attain 70 years of age. They are often required to attend call outs and rule on bail applications or protection applications for children in danger on weekends and late at night when

1045-734: The 16th century, although the word had been in use centuries earlier to describe some legal officials of Roman times. In the centuries from the Tudor period until the onset of the Industrial Revolution , the JPs constituted a major element of the English (later British) governmental system, which in modern times has sometimes been termed a squirearchy (i.e., dominance of the land-owning gentry ). For example, historian Tim Blanning notes that while in Britain

1100-545: The 19th century, JPs, in quarter sessions , also administered the county at a local level. Their many roles included regulating wages and food supplies, managing roads, bridges, prisons and workhouses and they undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county. To this end they set the County Rate, where one was set at all. Women were not allowed to become JPs in

1155-639: The Board of the Inland Revenue , and George Anson Primrose (1849–1930), who became a vice-admiral . Primrose was baptised at St. John's Episcopal Church, Edinburgh and educated at Trinity College, Glenalmond between 1858 and 1865, where he played in the school's cricket XI. On 13 May 1893, in Brisbane , Queensland, he married Jessie Catherine Costelloe, daughter of Lieutenant Costelloe of Lackeen Castle , Birr , Ireland. On 25 February 1871, Primrose (a member of

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1210-619: The Judges of the Supreme Court are Justices of the Peace within and for of the whole of Bangladesh , Sessions Judges, Chief Judicial Magistrate and Metropolitan Magistrates are Justices of the Peace within their respective jurisdictions. (Justice of the peace for the mafassal ) 22. The Government may, by notification in the official Gazette, appoint such persons resident within Bangladesh and not being

1265-458: The King in ensuring that the law was upheld and preserving the " King's peace ". Therefore, they were known as "keepers of the peace". An act of 1327 had referred to "good and lawful men" to be appointed in every county in the land to "guard the peace"; such individuals were first referred to as conservators of the peace , or wardens of the peace. The title justice of the peace derives from 1361, in

1320-670: The United Kingdom until 1919, the first woman being Ada Summers , the Mayor of Stalybridge , who was a JP by virtue of her office. In October 1920 Summers was appointed a JP in her own right, alongside other pioneers including Edith Sutton and Miriam Lightowler OBE in Halifax. Emily Murphy of Edmonton, Canada, preceded her by some three and a half years. As at 2018 in England and Wales, about one-third of JPs are women. In special circumstances,

1375-585: The WA Police to sign search warrants and authorise the issuing of summonses. The administrative tasks include witnessing affidavits and documents such as wills and statutory declarations. "Visiting justices" are a special group of justices of the peace, appointed to preside over cases within the prison system. JPs for Western Australia also cover the Australian External Territories of Cocos (Keeling) Islands and Christmas Island . In Belgium ,

1430-403: The additional powers to issue search warrants and arrest warrants and, in conjunction with another justice of the peace (qualified) constitute a magistrates' court for exercising powers to remand defendants in custody, grant bail, and adjourn court hearings. Some justices are appointed as justice of the peace (magistrates' court), usually in remote Aboriginal communities, to perform many of

1485-468: The agricultural land around the springs, establishing the Helidon Spa Water Company. When Larard left, Primrose became managing director of the company. Describing that the former partnership "had expired by effluxion of time", this led Primrose to seek new investors in a proposed limited company. In October 1885, a special train was laid to transport potential investors from Brisbane to view

1540-560: The approval of the Chief Justice of the Ontario Court of Justice . In Quebec, there are two type of justices of the peace, administrative justice of the peace and presiding justice of the peace. Administrative justice of the peace are court officers appointed by the Minister of Justice , and perform duties such as receiving criminal informations and issuing warrants. Presiding justice of

1595-456: The citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. In 1195, Richard I ("the Lionheart") of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to

1650-457: The courts are closed. Candidates must successfully complete a three-day training course run by the Department of Justice. Bail justices, also have some limited powers under federal legislation, including the power to conduct interstate extradition hearings and extending question time for federal police. The most common functions performed by a justice of the peace in New South Wales are to witness

1705-460: The functions that might otherwise fall to a stipendiary magistrate . In Queensland, a lawyer may be appointed as a Justice of the Peace without further education or qualification and has the full powers of a JP (Magistrate's Court). A commissioner for declarations (C.dec) has powers limited to witnessing documents, witnessing statutory declarations, witnessing affidavits, witnessing and administering oaths and affirmations. The first woman to become

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1760-462: The ground. Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justice's standing within the community, the justice was typically a member of the gentry . The justices of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws . Towns and boroughs with enough burdensome judicial business that could not find volunteers for

1815-457: The justices of the peace ( Dutch : vredegerecht , French : justice de paix , German : Friedensgericht ) function as the small claims courts in the country's judicial system ; they stand at the bottom of the Belgian judicial hierarchy and only handle civil cases. There is a justice of the peace in each judicial canton of Belgium , of which there are 187 in total as of 2017. The justices of

1870-493: The latter's sale in 1977. Dalmeny also holds one of Britain's largest collections of Napoleonic memorabilia. The house stands in a large wooded park and enjoys views across the Firth of Forth . A public path runs along the shore, from Queensferry in the west, to Cramond in the east, although a passenger ferry across the River Almond that used to connect the path to the village of Cramond has not operated since 2000. There

1925-565: The name Kirk's , named for Owen Garner & Sons flagship product "Kirk's Ginger Ale". Brisbane bottler, Tristrams was also invited to take part in the merger, but declined. Today, Kirks is owned by Coca-Cola Amatil , and continue to produce a variety of soft drinks available Australia wide. During his time in Queensland, Primrose became a captain in the Queensland Scottish Rifles and the Queensland Defence Force , and

1980-431: The peace also have original jurisdiction in certain aspects of family law , most notably legal guardianships for incapacitated seniors, and the involuntary commitment of the mentally ill to psychiatric facilities . The judgments made by the justices of the peace can, with some exceptions, be appealed to the tribunals of first instance . In Canada, justices of the peace play a role in the administration of justice at

2035-777: The peace are appointed by commission under the Great Seal , and can try some criminal matters and issue warrants. They are appointed from advocates of at least ten years' standing and serve full-time until the age of 70. In Yukon, justices of the peace are lay officers of the court. They sit in the Justice of the Peace Court, which is part of the Territorial Court of Yukon . The Code of Criminal Procedure, 1898 ( ACT NO. V OF 1898 ) [3] Chapter II OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES [4] 25. In virtue of their respective offices,

2090-526: The peace have original jurisdiction over cases in which the disputed amount does not exceed 5,000 euro (as of September 2018), except for the matters over which another court or tribunal has exclusive jurisdiction . In addition, the justices of the peace have original jurisdiction over a number of matters irrespective of the disputed amount, such as cases involving the renting or leasing of real estate , evictions , easement , land consolidation , consumer credit or unpaid utility bills . The justices of

2145-508: The peace in South Australia is typically someone of good stature in the community who is authorised to witness and sign statutory declarations , affidavits , waiver rights , search warrants , drug warrants, divorce documents, and to certify copies of original documents and to witness the signing of power of attorney and guardianship documents, providing the JP is satisfied with the capability of

2200-617: The peace in residence at nominated times. South Australia's first women justices were appointed in July 1915. Justices of the peace in Western Australia are appointed by the Governor who authorises them to carry out a wide range of official administrative and judicial duties in the community. As well as presiding in the Magistrates Court, justices of the peace are regularly called upon by

2255-589: The principal rooms are in the Regency style, with the exception of the hammerbeam roof of the hall. The house contains many paintings and items of furniture from both the Rosebery and Rothschild collections, as a result of the 5th Earl 's 1878 marriage to Hannah , daughter and heir of Meyer de Rothschild . Much of the French furniture and porcelain came from the family's English mansion, Mentmore , Buckinghamshire, following

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2310-405: The provincial level. Justices are generally appointed by the lieutenant governors of Canada's provinces , and by the commissioners of Canada's territories , on the advice of their relevant premier or Attorney General . Canada made the second (first was in South Australia a year earlier) appointment in the then British Empire of a woman as a magistrate, namely Emily Murphy , who was sworn in as

2365-540: The reign of Edward III . The "peace" to be guarded is the sovereign's, the maintenance of which is the duty of the Crown under the royal prerogative . Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons "to be of good behaviour". The bind over is not a punishment, but a preventive measure, intended to ensure that people thought likely to offend will not do so. The justices' alternative title of " magistrate " dates from

2420-593: The royal prerogative was decisively curbed by the Bill of Rights 1689 , in practice the central government in London had a greater ability to get its policies implemented in the rural outlying regions than could contemporary absolute monarchies such as France – a paradox due especially to JPs belonging to the same social class as the Members of Parliament and thus having a direct interest in getting laws actually enforced and implemented on

2475-443: The sale of Helidon Spa water". This prevented Gardner and Sons from using the words 'Helidon' or 'Spa Water' on their bottles or advertisements, until a similar suit against Edward Campbell of the 'Brisbane Aerated Water Company' was appealed and the rules were relaxed. To compete with competition from imported products, Helidon Spa Water Company and Owen Gardner & Sons merged in 1959 to become Helidon Gardner Pty Ltd, trading under

2530-409: The signatory. A Special Justice (SJ) is a higher level of justice of the peace in South Australia; they sit on the bench of the magistrates' court hearing cases in the petty sessions division. The South Australian Attorney-General has set up a web site to locate justices of the peace. The majority of metropolitan and many regional Councils (Local Government authorities) have a rotational justice of

2585-404: The signing of a statutory declaration, witness the signing of an affidavit and certify that a copy of an original document is a true copy. JPs are appointed by the Governor of New South Wales for five-year terms. They are volunteers, who come from all walks of life and all sections of the community. JPs are people who are trusted to be honest, careful and impartial when performing the functions of

2640-705: The springs and taste its water, described as "full of sparkling effervescence and perfectly clear". Concerns over breakages led the company to start transporting the water from Helidon to a new bottling factory in Brisbane. In October 1895 Primrose sued a Jean de Raeve for an unpaid debt of £19 0s. 7d due to the company. The company's success was such that competitors were frequently taken to court for breach of copyright. In May 1897, Primrose successfully took action against Alfred Lucas Gardner, trading as "Owen Gardner and Sons" who had been selling soft drinks in Brisbane since 1850, for "infringement of his patent rights in connection with

2695-419: The state attorney-general and appointed by the governor-in-council, and it is their job to authorise and witness statutory declarations and affidavits within the state of Victoria. As of August 2022, there are currently around 3500 JPs and bail justices in Victoria, who collectively sign more than 1.5 million documents and assist more than 350,000 people each year. Justices of the Peace and Bail Justices may use

2750-522: The state. In the Australian Capital Territory (Colloquially, "The ACT"), there is only the single level of 'Justice of the Peace'. They are appointed on an as-needed basis, and a potential appointee must be an Australian Citizen, and both a resident of, and enrolled on the electoral roll, of the territory. They must also not be an undischarged bankrupt, and consent to criminal history checks being undertaken prior to appointment. Appointment

2805-823: The subjects of any foreign State as it thinks fit to be Justices of the Peace within and for the local area mentioned in such notification. In Hong Kong, the historical functions of justices of the peace have been replaced by full-time, legally qualified magistrates . Nowadays, justices of the peace are essentially titles of honour given by the Government to community leaders, and to certain officials while they are in their terms of offices. They have no judicial functions, and their main duties include visiting prisons, institutions for young offenders and drug addicts, psychiatric hospitals, remand homes, places of refuge, reception and detention centres, administering statutory declarations, and serving as members of advisory panels. They also monitor

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2860-503: The unpaid role of justice of the peace had to petition the Crown for authority to hire a paid stipendiary magistrate . The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it. This was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown . Until the introduction of elected county councils in

2915-694: Was also a JP . In May 1899, Primrose was appointed to represent Queensland at the " Greater Britain Exhibition " to be held at Earls Court , London. In October 1900, Primrose and his family published a notice in The "Sydney Morning Herald", thanking "their many kind friends and sympathisers for wreaths and letters of sympathy received during their recent sad bereavement". In 1909, Primrose returned to England where he died at Worthing , West Sussex on 16 February 1935. Dalmeny House Dalmeny House ( pronounced / d æ l ˈ m ɛ n i / dal- MENI )

2970-477: Was knighted by Sir Thomas Erskine at the battle of Homildon Hill . The estate was acquired in 1662 by Sir Archibald Primrose , whose son was created Earl of Rosebery in 1703. In 1774 Neil Primrose, 3rd Earl of Rosebery, commissioned Robert Adam to design a new house at Barnbougle, and in 1788 Robert Burn also provided designs. However, the Earl concentrated on the estate, carrying out woodland planting and constructing

3025-509: Was therefore asked for a Tudor Gothic design, which was eventually built in 1817. The design of the house draws on the 16th-century East Barsham Manor in Norfolk. From 1812 the designed landscape around the house was also laid out, to designs by Thomas White Jr. The house was visited in 1927 by Queen Mary , and her daughter Mary , the Princess Royal. In contrast to the exterior, most of

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