Agency Details

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Agency ID749
TitleCourt of Petty Sessions, Kuridala
Agency TypeMagistrates Court
Start Date Circa 1/1/1904
End Date 20/12/1934
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
10636Bench Record and Summons Books 28/4/1914 10/10/1932
10666Workers' Compensation Claims Register 14/9/1916 21/12/1917
10667Workers' Compensation Claim Register 30/9/1916 31/12/1925
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 27/4/1910 20/12/1934
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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
1796Small Debts Court, Kuridalaminor 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
Frew, J., Queensland Post Offices 1842-1980 and Receiving Offices 1869-1927 Watson Ferguson & Co., 1981
Queensland Blue Book 1904, p85
Queensland Government Gazette 1910, Vol XCIV, No 96, p. 1125
Queensland Government Gazette 1934, Vol XCLIII, No 188, p. 1866
Queensland Government Gazette 1964, Vol CCXVII, p827
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Legislation

Establishing N/A
Abolishing N/A
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
Evidence and Discovery Act 1867
Imperial Act 27 George III
Justices Act 1886
Oaths Act 1867

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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, Hampden was proclaimed by the Governor in Council on 27 April 1910.

On 6 October 1916, the settlement of Hampden was officially renamed Kuridala. Prior to this, the settlement had also been known unofficially as Friezland to minimise confusion with another settlement within Queensland named Hampden.

The Court of Petty Sessions, Kuridala was abolished by gazettal proclamation dated 20 December 1934.

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:
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 - 20 Dec 1934

NOTES:
Kuridala was formerly known as Friezland (c. 1913 - c. 1917) and as Hampden before that.

Police Constable, Hampden, first noted as acting as Clerk of Petty Sessions, Hampden.


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Preferred Citation

Queensland State Archives Agency ID749, Court of Petty Sessions, Kuridala
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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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