Agency Details

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Agency ID677
TitleCourt of Petty Sessions, Charters Towers
Agency TypeMagistrates Court
Start Date 23/8/1872
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11228Returns 1/6/1872 30/6/1873
11227Deposition Books and Returns for Statistical Purposes 1/6/1872 10/1/1906
11238Deposition 1/10/1872 30/4/1873
11224Warrant Book 5/10/1874 23/12/1925
11230Letters and Circulars 1/1/1878 31/1/1905
11240Minute Books for Small Debts Court 1/6/1878 17/10/1905
11251Register of Country and General Publicans [Charters Towers] 18/4/1882 6/1/1886
11249Registers of Billiard and Bagatelle Licences [Charters Towers] 1/5/1882 2/7/1902
11250Registers of Licensed Auctioneers and Commission Agents 12/12/1882 31/12/1953
11248Register of Wholesale Wine and Spirit Merchants 3/1/1883 31/12/1903
11234Correspondence, Financial Statements and Related Papers in Cases of Insolvency and Intestacy 28/5/1884 17/5/1901
11236Record Book for Small Debts Court 5/3/1885 19/1/1926
11246Registers of Proceedings in the Licensing Court [Charters Towers] 6/4/1886 21/2/1913
7383Deposition Books 14/4/1886 31/12/1893
11243Bench Record and Summons Books 6/3/1890 30/11/1943
11229Chronological Register of Bills of Sale 1/1/1892 30/11/1914
11237Alphabetical Register of Bills of Sale 1/4/1892 31/1/1916
11233Insolvency Ledger 29/4/1892 31/7/1899
11222Papers Relating to Ravenswood Gold Mines Limited and to Mt Wright Gold Mines, Ravenswood 1/1/1894 31/12/1935
8784Register of Tobacco Licences 1/1/1894 31/12/1955
8786Stock Mortgages Register 28/11/1894 24/3/1930
11244Register of Wine Licences [Charters Towers] 7/4/1897 2/4/1902
11247Register of Clubs 3/5/1900 3/1/1901
11231Registers of the Registration of Firms 1/1/1903 31/12/1933
11226Minute Book for Workers' Compensation Cases 28/5/1906 22/12/1916
11239Plaint Books [Small Debts Court/Magistrates Court, Charters Towers] 16/7/1906 21/9/1942
11223Registers of Maintenance Cases. 1/1/1907 31/12/1937
11225Register of Fines 2/5/1907 1/1/1944
8785Bench Record and Summons Books 12/4/1910 31/12/1964
11245Registers of Applications under the Liquor Acts [Charters Towers] 2/4/1913 5/12/1922
11242Debt Attachment Books 16/8/1913 7/7/1942
11232Registers of Writs of Fi Fa (Fieri Facias) 5/6/1914 18/4/1922
8783Register of Bills of Sale 14/11/1914 24/2/1960
11235Correspondence Respecting Allowances for Jurors and Witnesses 1/1/1920 31/12/1937
8787Register of Crop Liens 10/10/1922 7/1/1924
11241List of Actions, Magistrate's Court 26/1/1926 27/3/1934
10079Register of Slaughterhouse Licences 22/11/1963 31/12/1964
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 23/8/1872 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

Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
10489Coroner's Court, Charters TowersMagistrates Court
1768Small Debts Court, Charters Towersminor 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

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
Queensland Government Gazette 1872, Vol XIII, p1327
Queensland Government Gazette 1896, Vol LXVI, p345, 400
Queensland Government Gazette 1904, Vol LXXXII, p307
Queensland Government Gazette 1961, Vol CCVII, No 74, p. 1056
Queensland Government Gazette 1964, Vol CCXVII, 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. The Court of Petty Sessions, Charters Towers was proclaimed by the Governor in Council on 23 August 1872.

Records from the Court of Petty Sessions, Ravenswood were transferred to the Court of Petty Sessions, Charters Towers upon this Court being abolished by gazettal proclamation dated 13 July 1961.

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 23 aUG 1872 - 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 ID677, Court of Petty Sessions, Charters Towers
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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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