Agency Details

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Agency ID2164
TitleCourt of Petty Sessions, Mount Perry
Agency TypeMagistrates Court
Start Date 29/12/1871
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
6627Deposition Books 1/6/1872 27/5/1913
6628Register of Fees of Office 22/2/1883 1/12/1909
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 29/12/1871 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
11299Magistrates Court, Mt Perry
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Related Agencies

Agency IDTitleRelationship
1806Small Debts Court, Mount Perryminor court
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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

Queensland Government Gazette 1871, vol. XII, no. 125, p. 1876
Queensland Blue Book 1873, p. 15
Queensland Blue Book 1880, p. 21
Queensland Blue Book 1890, p. 40
Queensland Blue Book 1907, p. 78
Queensland Blue Book 1908, p. 80
Queensland Government Gazette 1908, vol. XC, no. 56, p. 657
Queensland Government Gazette 1964, Vol CCXVII, No 41, 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.

Mount Perry was deemed to be a place to hold a Court of Petty Sessions on 29 Dec 1871, but from 17 May 1872 the Court was known as Tenningering. In records held by Queensland State Archives the name of the Court varies between Tenningering and Mount Perry, but from approximately 1905 entries were recorded only for Mount Perry. In April 1908 a Clerk of Petty Sessions was appointed at Mount Perry.

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 29 Dec 1871 - 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.

NOTE:
The chronology for the Mount Perry / Tenningering Court is as follows:
Mount Perry 29 Dec 1871 - 17 May 1872
Tenningering 17 May 1872 - 1 Apr 1908
Mount Perry 1 Apr 1908 - 31 Dec 1964
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Preferred Citation

Queensland State Archives Agency ID2164, Court of Petty Sessions, Mount Perry
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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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