Henry Cary (judge) - Return To Law

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In 1855 he returned to law. He was admitted as a barrister on 7 July 1855 and commenced practice at once. He was said to be: "In truth a born lawyer. His shrewdness, his power of repartee, his love of fun, and much else about him all marked him for the law; and it may well have been considered by him matter of regret that he ever left it. As a barrister he made great headway in Sydney." He quickly won further preferment. From January 1856 to March 1857 he was Master in Equity; and on 21 January 1859 he was appointed a Judge of the District Court and Chairman of Quarter Sessions. On 11 April 1859 the first District Court sittings in the Colony under the District Courts Act, 1858, began at Windsor in the Cumberland and Coast District before Judge Cary. In 1861 he was transferred to the western district.

From November 1859, for five years, Cary lived at "Arborfield Lodge", on about 17 acres (69,000 m2) of land two miles (3 km) from Liverpool, NSW. There, in leisure hours, he continued writing. In 1861 he edited "A Collection of Statutes Affecting New South Wales", the first such compilation of Acts of "practical utility" for the Colony, and a work that is still sometimes of use. In preparing it he was helped by his son William, a NSW barrister and for a short time on the Queensland Bar, and by W.H. Wilkinson, later a Judge of the District Court.

It was while they were living at Arborfield Lodge, that his wife, Isabella, died 19 November 1862.

Cary continued to write on both law and the classics while pursuing his career until poor health forced his retirement in August 1869. He died in JF Josephson's chambers, in Philip Street, Sydney at the age of 66 years, leaving two sons, Henry, who worked for HM Customs, and William, the barrister.

According to his will, dated 19 May 1870 and addressed as 164 Philip St., Sydney, all real and personal property went to his two sons who were also named as executors. It was witnessed by Henry Cary, grandson of testator; and Kate Bolger, domestic servant of testator. Probate was granted on 20 July 1870 to Henry Cary and William Cary, executors. Goods sworn at 950 pounds, with a bequest to Samuel Hodgson Smyth of Ashfield Park: 10 pounds for purchase of water colour painting.

Cary's reputation was that he was a man of rare learning spiced with a sense of humour; kindly, industrious and careful in all his undertakings. In the opinion of his friends, he might have occupied, without presumption, a more prominent position than he did. He has left behind him many evidences of his literary talents and industry.