Agency Details

Click on the series title to view series details.
Agency ID1500
TitleCourt of Petty Sessions, Bowen
Agency TypeMagistrates Court
Start Date 1/1/1861
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

Go to Description...

Series

Series IDTitleFromTo
11098Deposition and Minute Books 1/11/1879 30/6/1905
11112Register of the Issue of Summonses 1/2/1885 28/2/1917
11103Small Debts Court Minute Book 5/3/1885 30/9/1922
11101Registers of Writs of Fi Fa (Fieri Facias) 1/6/1885 31/1/1926
11111Alphabetical Register of Miscellaneous Applications for Licences [Bowen] 1/8/1891 31/1/1947
18494Register of Bills of Sale 30/5/1892 14/2/1941
11106Debt Attachment Books 1/7/1895 31/1/1939
9257Liens on Crop Register 3/5/1897 15/2/1936
11113Small Debts Court Cash Book 1/6/1897 31/1/1910
9256Stock Mortgages Register 18/3/1899 24/9/1931
11094Registers of Firms 1/3/1903 30/4/1935
11096Registers of the Sale of Timber 1/7/1905 31/12/1949
11107Bench Record and Summons Books 1/10/1909 31/8/1956
11110Registers of Applications for Various Licences [Bowen] 1/1/1910 31/1/1946
11105Register of Timber Licences 1/1/1911 31/12/1915
11108Registers of Licence Applications under the Liquor Act [Bowen] 1/4/1913 31/12/1939
11099Register of the Receipt and Issue of "foreign Writs" 1/8/1916 30/11/1945
11097Cash Books 1/8/1916 30/6/1955
11100Register of Proceedings under the Fair Rents Act, 1920 1/6/1921 29/10/1954
9255Register of Tobacconists' Licences 26/6/1934 27/7/1948
17381Register of Liquor Licences and Licensed Premises [Bowen] 25/11/1935 31/12/1964
11104Bailiff's Summons Book 1/4/1936 31/12/1947
9251Index to Bench Book 1/1/1947 31/12/1964
11102Alphabetical Register of Tobacco Licences 1/1/1948 31/12/1958
9253Bench Record and Summons Books 25/8/1956 23/12/1964
18495Register of Securities 5/12/1960 31/12/1964
9250Register of Slaughterhouse Licences 5/2/1962 31/12/1964
  Back to Top

Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 1/1/1861 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 31/12/1964
  Back to Top

Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
  Back to Top

Previous Agencies

Agency IDTitle
1099Licensing Court, Bowen
  Back to Top

Subsequent Agencies

Agency IDTitle
1158Magistrates Court, Bowen
  Back to Top

Related Agencies

Details of related agencies do not exist or are unavailable.
  Back to Top

Finding Aids

This agency has no finding aids.
  Back to Top
Publication Notes
This agency has no publication notes.
  Back to Top

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 1861, Vol II, No. 2, p14
Queensland Government Gazette 1896, Vol LXVI, pp345, 400
Queensland Government Gazette 1904, Vol LXXII, p50
Queensland Government Gazette 1964, Vol CCXVII, No. 41, p827
Back to Top

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
Back to Top
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, Port Denison was proclaimed by the Governor in Council on 1 January 1861.

The settlement at Port Denison was named Bowen in 1865.

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 1 Jan 1861 - 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.
Back to Top

Preferred Citation

Queensland State Archives Agency ID1500, Court of Petty Sessions, Bowen
Back to Top
Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
Feedback
Share :

Is your feedback about:


Page feedback

How satisfied are you with your experience today?*












Comments*

Feedback on government services, departments and staff

Please use our complaints and compliments form

>