Agency Details

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Agency ID1499
TitleCourt of Petty Sessions, Boonah
Agency TypeMagistrates Court
Start Date 26/3/1888
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11068Books of Circulars 1/1/1883 31/12/1950
11090Small Debts Court Cash Book 1/1/1888 31/12/1909
11070Bailiffs Book 1/1/1888 31/12/1950
11079Registers of Cases Heard at Court of Petty Sessions 1/7/1888 31/12/1910
11069Debt Attachment Book 1/1/1897 31/12/1927
11078Police Summons Books 1/10/1898 31/10/1959
11091Cash Books 1/5/1901 31/12/1949
11081Small Debts Court, Cause Lists 1/1/1903 31/12/1926
11085Registers of Firms 1/3/1903 31/7/1962
11077Registers of Tobacconists' Licences 1/1/1909 31/12/1958
11066Register of Auctioneers, Booth, Carriers, Hawkers and Slaughterhouse Licences [Boonah] 1/4/1910 31/1/1932
11093Police/Summons Court Papers 1/1/1912 31/12/1959
11075Register of Licences Granted under the Liquor Act 1912 [Boonah] 1/4/1913 31/8/1956
11084Maintenance Cases - Court Papers and Correspondence 1/1/1919 31/12/1950
11067Register of Maintenance Cases and Judgments 1/1/1920 31/12/1954
11089Small Debts Court Papers 1/1/1921 31/12/1922
11057Register of Public Curator Records 1/1/1922 31/12/1940
11083Warrant Book 1/1/1923 31/12/1926
11088Plaint Books [Court of Petty Sessions, Boonah] 1/1/1923 31/12/1952
11086Magistrates Court's Plaints 1/1/1923 31/12/1956
11080Judgment Book 1/1/1923 31/12/1959
11072Register of Licensed Auctioneers and Commission Agents 1/1/1924 31/12/1957
11074Register of Applications for Licences under the Liquor Act 1912 [Boonah] 1/5/1927 31/12/1940
11082Magistrates Court, Lists of Actions 1/1/1929 31/12/1932
11071Register of Slaughterhouse Licences 1/3/1932 30/11/1949
11076Coroner's Court - Papers and Correspondence 1/1/1936 31/12/1956
11064General Correspondence 1/1/1936 31/12/1959
11073Time Book 1/1/1938 31/12/1944
11065Electoral Rolls [Fassifern Electoral District] 1/1/1941 31/12/1944
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 23/3/1888 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 31/12/1964
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

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Subsequent Agencies

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Related Agencies

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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

Imperial Act 27 George III
An Act for regulating the police in the towns of Parramatta, Windsor, Maitland, Bathurst and other towns respectively and for removing and preventing nuisances and obstructions and for the better alignment of of streets therein (2 Victoria, No 2)
An Act to adopt and apply certain Acts of Parliament passed for facilitating the performance of duties of justices of the peace and for protecting them from vexatious actions and to prevent persons convicted of offences from taking undue advantage of mere defects or errors in form (14 Victoria, No 43)
Justices Act 1886
Justices Act Amendment Act 1964
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946, p. 139
Queensland Government Gazette 1888, Vol XLIII, p1062
Queensland Government Gazette 1896, Vol LXVI, pp345, 400
Queensland Government Gazette 1904, Vol LXXII, p50
Queensland Government Gazette 1964, Vol CCXVII, p827
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Legislation

Establishing N/A
Abolishing Justices Act Amendment Act 1964
Administered An Act for regulating the police in the towns of Parramatta, Windsor, Maitland, Bathurst and other towns respectively and for removing and preventing nuisances and obstructions and for the better alignment of of streets therein (2 Victoria, No 2)
An Act to adopt and apply certain Acts of Parliament passed for facilitating the performance of duties of justices of the peace and for protecting them from vexatious actions and to prevent persons convicted of offences from taking undue advantage of mere defects or errors in form (14 Victoria, No 43)
Criminal Code Act 1899 (including Criminal Code)
Criminal Code Amendment Act 1922
Criminal Law Amendment Act 1892, 1894, 1945
Evidence (Attestation of Documents) Act 1937
Evidence and Discovery Act 1867
Imperial Act 27 George III
Justices Act 1886
Oaths Act 1867
Profiteering Prevention Act 1948
Recording of Evidence Act 1962
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Description
ESTABLISHMENT:
Under the First and Second Charters of Justice (proclaimed in 1787 and 1814 respectively under the authority of Imperial Act 27 George III) justices of the peace appointed by the Governor were granted summary jurisdiction to hear petty criminal matters in the first instance without a jury.

The powers of justices of the peace and of police magistrates to sit as petty sessions were ultimately codified in the New South Wales Acts of 1835 (2 Victoria 2) and of 1850 (14 Victoria 43). This latter New South Wales Act ultimately formed the basis of the Queensland "Justices Act of 1886", which legislated for the appointment by the Governor in Council of districts for the holding of courts of petty sessions. The Court of Petty Sessions, Boonah was proclaimed by the Governor in Council on 26 Mar 1888.

The settlement of Blumbergville was renamed Boonah in 1888.

Under the "Justices Act Amendment Act 1964", from 1 January 1965 onwards: all courts of petty sessions districts were deemed to be magistrates courts districts, all places previously appointed for the holding of courts of petty sessions were deemed to be places for the holding of magistrates courts, all clerks of petty sessions were deemed to be registrars of magistrates courts.

FUNCTIONS:
Under a number of further Acts, the establishment of a place for the holding of a court of petty sessions was deemed to establish a number of further courts, for example, magistrates courts, fair rents courts, small debts courts. This agency definition will however be concerned purely with the court of petty sessions sitting as this court.

Courts of petty sessions had petty criminal jurisdiction and jurisdiction for summary actions of ejectment between lessors and lessees. Petty criminal jurisdiction is a complicated matter of law involving numerous Commonwealth and State statutes but can be briefly described as jurisdiction over summary trials of simple offences and committal proceedings for indictable offences sent to the Supreme Court.

In practice, if not in statute, courts of petty sessions were divided into three courts: police court (prosecutions commenced by police), summons court (prosecutions and proceedings for ejectment commenced by private prosecutors) and traffic court.

PORTFOLIO CONTROLLING:
Colonial Secretary 26 Mar 1888 - 6 Aug 1896
Home Secretary 6 Aug 1896 - 27 Jan 1904
Attorney General 27 Jan 1904 - 19 Nov 1907
Minister of Justice 19 Nov 1907 - 18 Feb 1908
Attorney General 18 Feb 1908 - 22 Oct 1919
Minister of Justice 22 Oct 1919 - 7 Apr 1920
Attorney General 7 Apr 1920 - 14 Nov 1957
Minister for Justice and Attorney General 14 Nov 1957 - 31 Dec 1964

NOTE:
Magistrates Courts were already in existence when Courts of Petty Sessions ceased to operate in 1964 and they took over most of the functions formerly carried out by the Petty Sessions Courts.
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Preferred Citation

Queensland State Archives Agency ID1499, Court of Petty Sessions, Boonah
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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