Agency Details

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Agency ID711
TitleCourt of Petty Sessions, Herberton
Agency TypeMagistrates Court
Start Date 20/5/1881
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
10204Index to Registered Agents N/A N/A
11441District Court Rules, Act and Notices from Government Gazettes re District Courts 1/1/1866 31/12/1892
10122Electoral Papers 1/1/1881 1/12/1885
10119Correspondence Records 1/1/1881 31/12/1909
10112Complaint Files 1/1/1881 31/12/1920
8976Deposition Books 15/7/1881 5/1/1886
8980Register of Licence Fees 15/7/1881 29/6/1901
8973Register of Fees of Office 19/7/1881 21/12/1899
11445Specification for the Court House, Herberton 1/11/1881 30/11/1881
14164Register of District and Foreign Summonses 1/1/1882 31/12/1883
11440Papers Respecting Intestacy 1/1/1882 31/12/1895
10114Police Summons Sheets 15/5/1882 4/8/1923
11439Deposition Books 13/9/1882 27/2/1909
10124Electoral Roll Claim Forms 1/1/1883 1/12/1885
10083Applications for Licences [Herberton] 1/1/1883 31/12/1890
11434Correspondence Records and Telegrams 1/1/1883 31/12/1890
11433Correspondence Records 1/1/1883 31/12/1895
10117Books of Circulars 1/1/1883 19/6/1953
10951Registers of Writs: Foreign Summons and Fi Fa (Fieri Fascias) 13/10/1883 1/12/1920
14163Registers of Writs of Fi Fa (Fieri Facias) 5/5/1885 14/2/1910
10144Register of Beer Duty Stamps 31/3/1886 19/11/1888
14547Telegrams Received 1/1/1888 31/12/1892
11444Register of Local Companies 26/3/1888 25/3/1904
10140Cash Book 1/1/1889 31/12/1905
11436Register of Fines Collected 5/8/1889 28/10/1889
14165Bailiff's Book 14/8/1889 30/6/1910
11442Brands, Marsupial and Stock Returns; Brands Meat and Dairy Produce Assessments 1/3/1890 31/8/1894
11438A.H. Zillman's Notes and Examination Papers for Officers of the Queensland Defence Force 1/7/1890 31/7/1890
10150Register of Writs Received 25/12/1891 18/3/1902
8974Bills of Sale Register 6/9/1892 15/5/1941
10145Cash Book 2/1/1894 29/6/1903
11449Registers of Assessment on Brands and Meat and Dairy Produce 5/1/1894 31/5/1942
10116Index to Circular Books 1/1/1897 31/12/1956
5847Bench Record and Summons Books 23/3/1899 31/12/1964
10161Cash Credit Book 26/6/1899 13/8/1948
11443Register of the Registration of Firms 20/3/1903 6/8/1934
10152Stock Mortgages Register 1/1/1904 31/12/1920
10153Liens on Crops Register 1/1/1906 31/12/1941
10132Registers of Fines Collected 23/3/1908 31/12/1924
8978Register of Tobacconists' Licences 3/7/1911 4/7/1958
10127Maintenance Files 1/1/1912 31/12/1939
11448Register of Applications under the Liquor Act [Herberton] 9/4/1913 17/4/1919
10115Annual Returns 1/1/1914 31/12/1946
10075Applications for Slaughterhouse and Auctioneers Licences [Herberton] 1/1/1918 31/12/1922
10137Maintenance Register 1/1/1918 31/12/1948
16509Registrar's Notebook in Criminal Cases 31/3/1922 11/9/1924
10092Register of Licensed Auctioneers and Commission Agents 1/1/1923 31/12/1954
11431Register of Letters Received 24/9/1924 12/4/1928
11446Register of Licensed Auctioneers and Commission Agents 1/1/1926 31/12/1930
11437Postage Book 26/4/1927 18/10/1928
10130Workers Compensation Files 1/1/1928 31/12/1939
11435Postage Book 9/11/1934 9/8/1935
11432Postage Book and Statement of General Account for Election 1/1/1935 31/12/1935
8748Registers of Liquor Licences and Licensed Premises [Herberton] 25/11/1935 31/12/1944
8981Bench Record of Licence Applications [Herberton] 25/11/1935 8/3/1962
10054Dead Hotels and Billiards Records [Herberton] 25/11/1935 21/3/1963
10089Hotel and Club Records [Herberton] 25/11/1935 31/12/1964
10076Record of Liquor Licence Applications [Herberton] 25/11/1935 31/12/1964
8999Register of Liquor Licences and Licensed Premises [Herberton, Irvinebank] 25/11/1935 31/12/1964
8998Register of Liquor Licences and Licensed Premises [Herberton] 25/11/1935 31/12/1964
19057Register of Pensioner Applications [Herberton] 19/3/1952 26/11/1956
19119Police Charge Bench Book 3/3/1954 1/9/1954
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 20/5/1881 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
10687Children's Court, HerbertonMagistrates Court
10703Coroner's Court, HerbertonMagistrates Court
1787Small Debts Court, Herbertonminor 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 1881, Vol XXVIII, p1240
Queensland Government Gazette 1964, Vol CCXVII, 827
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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, Herberton was proclaimed by the Governor in Council on 20 May 1881.

Records from the Court of Petty Sessions, Mount Carbine were transferred to the Court of Petty Sessions, Herberton upon this Court being abolished by gazettal proclamation dated 24 November 1926. Records from the Court of Petty Sessions, Irvinebank were transferred to the Court of Petty Sessions, Herberton upon this Court being abolished by gazettal proclamation dated 6 January 1933.

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 12 Jul 1883 - 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 ID711, Court of Petty Sessions, Herberton
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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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