Agency Details

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Agency ID2135
TitleCourt of Petty Sessions, Roma
Agency TypeMagistrates Court
Start Date 3/1/1863
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11754Registers of Fines 1/1/1864 31/1/1910
11767Intestacy Ledger 1/3/1864 31/5/1905
11759Deposition Books 1/5/1864 31/12/1909
11762Letterbooks 1/5/1864 30/11/1917
14192Minute Books 1/1/1865 30/6/1933
14195Plaint Books [Magistrates Court, Roma] 1/2/1866 31/12/1940
11757Bench Record Books 1/4/1866 31/8/1889
14190Cash Books 1/1/1868 31/1/1910
11761Ledgers 1/7/1872 31/12/1922
11752Cash Books 1/1/1876 31/10/1942
11768Register of Common and Special Jurors 1/6/1877 31/12/1883
14191Deposition Books 1/8/1879 30/9/1905
11763Index to Letters Received 1/1/1883 31/5/1904
11769Poundkeeper's Books 1/1/1884 31/1/1903
11766Registers of Fees of Office 1/5/1884 31/12/1909
11764Circular Memoranda Received and Copies of Out-Letters 1/9/1884 2/9/1948
14189Register of Fees 1/11/1884 31/12/1909
11772Registers of Writs of Fi Fa (Fieri Facias) 1/1/1885 31/12/1923
11756Summons Books 1/1/1885 31/12/1942
11773Register of Professional Costs and Costs of Court 1/10/1885 31/10/1894
11758Registers of Licences Issued under the Liquor Act [Roma] 1/4/1886 31/7/1926
11774Poundkeeper's Sale Book 1/9/1888 31/3/1903
13459Labour Application Book [Court of Petty Sessions, Roma] 1/1/1889 31/1/1892
11780Register of Summonses Received for Service from Foreign Courts 1/8/1889 30/11/1891
11775Register of Justices of the Peace Sworn in Roma 1/1/1891 31/12/1906
11770Register of Assessments under the Liquor Act [Roma] 1/12/1893 31/12/1913
11779Postage Book 1/1/1894 31/12/1899
11765Register of Bills of Sale 1/1/1895 31/12/1950
13457Register of Railway Undertakings [Court of Petty Sessions, Roma] 1/12/1895 30/11/1898
14196Debt Attachment Book 1/6/1896 30/9/1936
11778Register of Income Tax Receipts 1/10/1901 31/12/1909
14193Register of the Issue of Warrants of Execution 1/9/1902 30/6/1924
11755Registers of Applications under the Liquor Acts [Roma] 1/1/1903 31/7/1944
11777Register of the Registration of Firms 1/3/1903 30/9/1937
11776Register of Claims for Compensation - Court of Petty Sessions (Roma) 1/10/1915 31/8/1917
11771Register of Bills of Sale 1/1/1916 31/12/1917
14197Register of Maintenance Cases 1/12/1918 31/3/1931
11760Register of Fair Rents Court Summonses 1/10/1920 31/12/1923
11753Register of Tobacco Licence Renewals and Related Correspondence 1/1/1936 31/12/1943
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 3/1/1863 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

Details of previous agencies do not exist or are unavailable.
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Subsequent Agencies

Agency IDTitle
2326Magistrates Court, Roma
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Related Agencies

Details of related agencies do not exist or are unavailable.
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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 Vcitoria, No 43)
Justices Act 1886
Justices Act Amendment Act 1964
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946, p. 139
Frew, J., Queensland Post Offices 1842-1980 and Receiving Offices 1869-1927, Watson Ferguson & Co., 1981
Queensland Government Gazette 1863, Vol IV, No 2, p. 5
Queensland Government Gazette 1964, vol CCXVII, No 41, p. 827
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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, Mount Abundance was proclaimed by the Governor in Council on 3 January 1863.

The settlement of Roma had previously been referred to as Mount Abundance or Abundance in reference to a neighbouring pastoral property.

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.
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Preferred Citation

Queensland State Archives Agency ID2135, Court of Petty Sessions, Roma
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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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