Agency Details

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Agency ID674
TitleCourt of Petty Sessions, Cardwell
Agency TypeMagistrates Court
Start Date 8/7/1864
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11209Register of Licence Fees 1/1/1869 11/9/1909
11200Registers of Publicans' and Other Licences [Cardwell] 8/5/1883 6/4/1910
11190Register of Fees, Petty (Later Small) Debts Court 3/11/1884 27/5/1916
11215Bailiff's Summons Book 1/1/1885 31/5/1916
11196Minute Book, Small Debts Court 1/1/1885 12/6/1922
11211Register of Fees Collected 7/1/1885 31/8/1909
11191Plaint Book, Small Debts Court 1/1/1886 2/8/1900
11204Cash Books 1/4/1891 30/4/1960
11216Registers of Writs of Fi Fa (Fieri Facias) 1/12/1893 8/4/1897
11198Bench Record and Summons Books 1/1/1896 6/1/1958
11203Deposition Books 24/7/1896 27/7/1925
11213Letterbooks 15/10/1910 6/8/1928
11197Debt Attachment Book 1/1/1916 31/12/1916
11201Plaint Book, Magistrate's Court 8/3/1923 9/4/1928
11195Minute Book, Magistrate's Court 8/3/1923 4/6/1929
11206Bailiff's Warrant Book 1/1/1924 31/12/1947
11199Butt of a Hawker's or Pedlar's Licence [Cardwell] 1/9/1924 30/9/1924
11214Register of Bailiff's Summonses 1/6/1925 31/7/1925
11205Butts of Certificates Issued to Enable Mothers to Claim the Maternity Allowance 27/6/1930 16/5/1940
11207Register of the Receipt and Subsequent Issue of "foreign" Writs 16/3/1937 29/8/1947
7520Bench Record and Summons Book 27/1/1948 31/12/1964
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 8/7/1864 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

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 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 1864, Vol V, p469
Queensland Government Gazette 1896, Vol LXVI, pp 345, 400
Queensland Government Gazette 1904, vol LXXXII, p307
Queensland Government Gazette 1924, Vol CXXII, No 64, p. 891
Queensland Government Gazette 1964, Vol CCXVII, p827
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Legislation

Establishing N/A
Abolishing Justices Act Amendment Act 1964
Administered Justices Act 1886
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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, Cardwell was proclaimed by the Governor in Council on 8 Jul 1864.

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 8 Jul 1864 - 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 ID674, Court of Petty Sessions, Cardwell
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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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