Agency Details

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Agency ID2138
TitleCourt of Petty Sessions, Wooroorooka
Agency TypeMagistrates Court
Start Date 12/6/1891
End Date 11/5/1944
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11889Register of Fees Collected 20/9/1892 30/5/1911
11886Minutes of Proceedings 17/10/1892 16/12/1913
11888Register of Fines Collected 17/10/1892 30/10/1918
11891Cash Book 4/11/1892 26/2/1909
11885Register of Plaints 5/12/1892 26/2/1904
11882Register of Proceedings 5/12/1892 31/1/1909
11887Collection Return Book 3/10/1896 4/1/1941
11883Cash Book 3/9/1897 24/12/1906
11890Register of Licences [Wooroorooka] 1/7/1900 1/7/1900
11884Police Summons Sheets 23/11/1900 9/12/1939
11892Cash Book 12/9/1901 22/10/1938
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 12/6/1891 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 11/5/1944
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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 Vcitoria, No 43)
Justices Act 1886
Justices Act Amendment Act 1964
Queensland Government Gazette 1891, Vol LIII, No 35, p. 420
Queensland Government Gazette 1944, Vol CLXII, No 89, p. 886
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946, p. 139
Queensland Government Gazette 1891, Vol LIV, No 23, p. 270
Queensland Government Gazette 1892, Vol LVI, No 108, p. 1135
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Legislation

Establishing N/A
Abolishing N/A
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
Evidence and Discovery Act 1867
Imperial Act 27 George III
Justices Act 1886
Oaths Act 1867
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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, Wooroorooka was proclaimed by the Governor in Council on 12 June 1891.

The Court of Petty Sessions, Wooroorooka was not in continuous existence throughout the above period. A gazettal proclamation abolished this Court on 25 September 1891 and reconstituted it on 18 August 1892.

The Court of Petty Sessions, Wooroorooka was abolished by gazettal proclamation dated 11 May 1944.

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 ID2138, Court of Petty Sessions, Wooroorooka
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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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