Agency Details

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Agency ID751
TitleCourt of Petty Sessions, Leyburn
Agency TypeMagistrates Court
Start Date 3/1/1861
End Date 30/11/1929
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
6969Deposition Book 3/9/1870 19/12/1902
6995Register of Hawkers and Pedlars Licences 13/1/1871 11/1/1892
6996Register of Fines 8/10/1872 1/10/1909
8659Letterbook 22/1/1873 15/5/1876
6950Register of Licence Fees 19/2/1877 30/11/1902
8661Record Book of Contingent Vouchers (Court of Petty Sessions, Leyburn) 1/1/1881 7/12/1885
6998Register of Timber Licences 16/3/1886 20/11/1903
7016Register of Fees of Office 4/1/1887 22/10/1909
6982Register of Professional Costs and Costs of Court 22/12/1887 11/4/1892
7018Register of Stock Returns 1/1/1894 31/12/1916
7017Assessment Register 1/6/1894 1/2/1917
6925Register of Tobacconists' Licences 15/10/1894 31/12/1929
7008Debt Attachment Book 17/1/1895 23/6/1914
6972Register of Bills of Sale 18/4/1895 18/4/1895
6955Stock Mortgages Register 18/4/1895 18/4/1895
7028Register of Licence Fees 13/12/1902 17/8/1909
6988Postage Book 2/10/1911 23/12/1929
7025Claim Register - Court of Petty Sessions (Leyburn) 15/12/1919 5/7/1927
7031Execution Book 1/1/1923 31/12/1923
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 3/1/1861 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 30/11/1929
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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

Details of subsequent agencies do not exist or are unavailable.
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Related Agencies

Agency IDTitleRelationship
1797Small Debts Court, Leyburnminor 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
Queensland Government Gazette 1861, Vol II, p. 3
Queensland Government Gazette 1929, Vol CXXXIII, No 119, p. 1701
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946, p. 139
Queensland Government Gazette 1890, Vol LI, No 86, p. 960
Queensland Government Gazette 1891, Vol LII, No 79, p. 1060
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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, Leyburn was proclaimed by the Governor in Council on 3 January 1861.

The Court of Petty Sessions, Leyburn was not in continuous existence throughout the above period. A gazettal proclamation abolished this Court on 20 November 1890 and reconstituted it on 19 March 1891.

The Court of Petty Sessions, Leyburn was abolished by gazettal proclamation dated 30 November 1929.

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 3 Jan 1861 - 20 Nov 1890; 19 Mar 1891 - 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 - 30 Nov 1929


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 ID751, Court of Petty Sessions, Leyburn
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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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