Agency Details

Click on the series title to view series details.
Agency ID690
TitleCourt of Petty Sessions, Cunnamulla
Agency TypeMagistrates Court
Start Date 16/12/1868
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

Go to Description...

Series

Series IDTitleFromTo
11306Registers of Fines 16/3/1871 27/1/1913
11312Minutes of Proceedings 3/1/1882 5/3/1912
11307Registers of Fees Collected 14/1/1884 25/1/1909
11315Register of Plaints 20/2/1885 13/1/1906
11308Registers of Writs of Fi Fa (Fieri Facias) 26/9/1885 16/11/1916
11309Register of Costs 7/10/1885 7/1/1903
10937Register of Levies 12/1/1886 27/6/1896
8056File on the Construction of the First Bridge Across the Balonne River at St. George 10/4/1890 27/6/1890
11316Register of Licences [Cunnamulla] 1/7/1892 20/3/1928
11313Cash Books 20/9/1892 22/10/1938
11317Register of Licence Fees 14/12/1892 1/7/1919
9409Bills of Sale Register 1/1/1894 31/12/1941
9410Stock Mortgages Register 7/3/1895 19/1/1905
11303Register of Sale of Horses and Cattle 16/6/1896 4/10/1899
11310Mining Claims Register 4/10/1897 5/5/1899
11311Register of Stock Impounded 27/11/1897 14/11/1899
11319Registration of Firms 23/3/1903 31/12/1942
11304Debt Attachment Books 27/5/1903 16/6/1923
11318Police Summons Sheets 1/3/1904 1/6/1918
10936Jury List 1/7/1908 30/6/1925
9035Bench Record and Summons Books 7/6/1918 31/12/1958
9034Cash Books 2/3/1922 30/6/1959
9401Record of Applications [Cunnamulla] 25/11/1935 18/9/1941
9407Register of Liquor Licences and Licensed Premises [Cunnamulla District] 25/11/1935 31/3/1964
9384Cash Book 31/1/1945 20/10/1949
9411Register of Orders for Refund of Fares [Cunnamulla] 29/9/1952 11/8/1960
  Back to Top

Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 16/12/1868 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 31/12/1964
  Back to Top

Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
  Back to Top

Previous Agencies

Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
1776Small Debts Court, Cunnamullaminor court
  Back to Top

Finding Aids

This agency has no finding aids.
  Back to Top
Publication Notes
This agency has no publication notes.
  Back to Top

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 1868, Vol XV, p131
Queensland Government Gazette 1868, Vol IX, No 96, p. 1106
Queensland Government Gazette 1896, Vol LXVI, pp345, 400
Queensland Government Gazette 1904, Vol LXXXII, p307
Queensland Government Gazette 1964, Vol CCXVII, p827
Back to Top

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
Back to Top
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, Cunnamulla was proclaimed by the Governor in Council on 16 December 1868.

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 16 Sep 1868 - 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.
Back to Top

Preferred Citation

Queensland State Archives Agency ID690, Court of Petty Sessions, Cunnamulla
Back to Top
Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
Feedback
Share :

Is your feedback about:


Page feedback

How satisfied are you with your experience today?*












Comments*

Feedback on government services, departments and staff

Please use our complaints and compliments form

>