Agency Details

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Agency ID754
TitleCourt of Petty Sessions, Mackay
Agency TypeMagistrates Court
Start Date 4/9/1863
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
14178Cash Books 1/7/1872 30/4/1926
14180Summonses and Supporting Documents 1/1/1882 31/12/1882
11556Affidavits, Petitions, Etc. 1/1/1882 31/12/1884
11558Register of Fees of Office Collected 1/2/1883 31/1/1887
11554Registers of Writs of Fi Fa (Fieri Facias) 1/1/1884 31/8/1920
8775Deposition Books 1/3/1884 31/10/1905
11553Register of Fees Received 17/4/1884 13/6/1884
14179Registers of Judgments Given 21/8/1884 29/1/1954
14174Registers of Plaints 1/5/1885 27/11/1956
11552Bailiffs' Summons Books 1/9/1886 31/3/1942
11535Bank Book 1/6/1890 29/6/1895
11536Cash Book 13/6/1890 15/11/1955
11551Bills of Sale and Stock Mortgages 1/1/1892 31/12/1903
10294Registers of Bills of Sale 1/2/1892 3/4/1922
11548Registers of Liens on Crops Registered 21/11/1894 25/9/1919
11557Register of Bills of Sale, Stock Mortgages, Etc. 8/3/1895 26/5/1947
14183Debt Attachment Books 31/3/1898 1/9/1954
11547Registers of Foreign Summonses Received 11/10/1898 31/8/1923
11539Depositions and Associated Papers in Summons and Other Summary Actions 1/1/1900 31/12/1901
11549Registers of the Registration of Firms 26/3/1902 9/6/1944
14175Register of Fees Collected 1/9/1902 31/1/1910
11538Bench Record and Summons Books 8/6/1906 9/11/1955
11540Register of Licence Fees 30/6/1908 23/1/1910
11545Registers of Applications under the Liquor Acts [Mackay] 2/3/1910 31/12/1952
11534Letterbook 28/4/1910 31/12/1915
11532Cash Book 4/5/1926 29/9/1947
11543Register of Tobacconists' Licences 19/3/1928 15/5/1950
11537Cash Book, Suspense Account 1/9/1928 31/10/1929
11542Bench Record and Summons Books - Maintenance Cases 27/9/1929 19/11/1956
11531Register of Applications under the Mortgagors Relief Act 24/10/1931 21/5/1936
11544Registers of Applications for the Granting And/Or Renewal of Licences [Mackay] 18/12/1931 25/5/1955
11541Register of Licensed Agents 1/1/1935 31/12/1948
11555Register of Licensed Auctioneers 1/1/1935 31/12/1948
10296Register of Slaughterhouse Licences 29/11/1939 31/12/1964
11546Register of Charges and Complaints Laid under the Liquor Acts [Mackay] 14/1/1941 19/12/1952
10288Police Charge Bench Books 8/6/1945 31/12/1964
10305Police Charge Bench Books 8/6/1945 31/12/1964
10289Register of All Summons Filed 1/4/1946 3/8/1960
10290Bench Record and Summons Books 23/2/1956 8/6/1960
10303Maintenance Summons Books 17/12/1956 31/12/1964
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 4/9/1863 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

Details of previous agencies do not exist or are unavailable.
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Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
568Children's Court, MackayMagistrates Court
617Coroner's Court, MackayMagistrates 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 1863, Vol IV, p. 527
Queensland Government Gazette 1964, vol CCXVII, No 41, p. 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, Mackay was proclaimed by the Governor in Council on 4 September 1863.

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 4 Sep 1863 - 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 ID754, Court of Petty Sessions, Mackay
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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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