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Solicitor Samuel Smart South Australia's first sherriff in 1837; William Boothby, son of sacked judge, third in the role

Solicitor Samuel Smart South Australia's first sherriff in 1837; William Boothby, son of sacked judge, third in the role
William Boothby gave prestige to the 19th Century role of sheriff that included running prisons and conducting parliamentary elections. As returning officer, Boothby refined the secret ballot concept that spread overseas. 
Image courtesy State Library of South Australia

South Australia's first sheriff, solicitor Samuel Smart, came from the convict colony of Van Diemen's Land in 1837 with first judge John Jeffcott.

He was appointed because he knew several Van Diemen’s Land convicts who had escaped and were committing outrages in South Australia. Smart formed part of a judicial “team” to establish a separate legal authority in the colony.

The Office of Sheriff in South Australia was notable for being created from within the colony rather than a transfer from England by the Colonial Office. The office was started by the Supreme Court Act 1837, which said the Court should have ministerial and other officers as to administer justice in the court and to execute judgments and other orders.

William Boothby, South Australia’s third sheriff (1856-1903), was a son of the notorious judge Benjamin Boothby who was removed from office. Boosting the prestige of the role of sheriff, Boothby was also responsible for gaols and conducting elections where he refined the secret ballot – a practice followed by many countries.

The sheriff’s duties were extended in 1856 to allow him to act as returning officer and conduct elections after responsible government was introduced.

From 1870, the sheriff was responsible of all gaols prisoners and arranging executions. This remained until 1965, when the Sheriff’s Gaols and Prisons Department was replaced by a new prisons department.

Others sheriffs in South Australia have included Otto Schomburgk (1903-1929), son of Richard Schomburgk, long-time director of the Adelaide Botanic Garden.  In the 21st Century, the office of sheriff staff remained in charge of court security and order.

Sheriff's officers provided a protective security in all Adelaide and metropolitan courts. They conducted point-of-entry searches at these locations.

Sheriff's officers performed court orderly duties in the supreme court and district court criminal sittings in the Samuel Way Building also maintain the welfare and security of jurors involved on criminal trials. A private contractor moves and manages prisoners in other courts.

The sheriff enforced the orders of the court and the Courts Administration Authority looks after the proper conduct of the contractor and its staff on court related tasks.

In 2017, the jobs of 120 court sheriff’s officers avoided being privatised or placed under the control of public servants, who accused them of being unruly and disrespectful. 

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