Agency Details

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Agency ID758
TitleCourt of Petty Sessions, Maryborough
Agency TypeMagistrates Court
Start Date 1/1/1850
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11560Police Court Deposition and Minute Books 5/1/1866 16/2/1911
11582Registers of Public House, Liquor and Other Licences [Maryborough] 9/1/1866 17/4/1946
11588Registers of Fines Collected 2/1/1868 4/2/1910
11591Register of Oaths of Allegiance Taken 16/12/1868 31/12/1911
11589Registers of Fees of Office 2/1/1869 28/2/1910
11571Cash Books 1/7/1872 14/4/1910
11590Account of Moneys Received 17/12/1872 1/5/1883
11592Applications for Protection Orders (Maryborough) 1/1/1875 31/12/1894
11593Butts of Notices of Sureties Issued 16/2/1876 21/4/1885
11565Letterbooks 9/8/1876 2/6/1905
11594Registers of Fees and Fines Received 1/8/1877 9/6/1884
11595Cash Books and Bank Statements 1/1/1878 1/9/1896
11579Registers of Licence Fees Collected 2/1/1878 14/2/1910
11570Butts of Notices of Recognizances Issued 19/5/1879 20/12/1886
11559Butts of Notices of Bail Issued 22/7/1879 1/6/1886
11601Papers Submitted to Arbitration in Burrum Railway Case 1/1/1883 31/12/1883
5505Bench Record and Summons Books 4/9/1883 8/8/1963
11585Miscellaneous Papers re Licensing Meetings [Maryborough] 1/1/1886 31/12/1887
11566Applications for Determination of Fair Rents 1/1/1886 31/12/1940
11568Minutes of Proceedings in Licensing Meetings [Maryborough] 1/3/1886 6/3/1889
11569Liquor Prohibition Orders [Maryborough] 1/1/1887 31/12/1887
11586Registers of Cheques Received to Order 4/2/1887 1/7/1911
11575Bank Statements 12/7/1887 31/10/1890
11596Register of Billiard and Bagatelle Licences [Maryborough] 4/4/1888 12/2/1890
11584Depositions and Related Papers in Maintenance and Desertion Sittings 1/1/1889 31/12/1944
5525Registers of Bills of Sale 23/4/1892 1/1/1965
11573Register of Fees Levied for Summons, Affidavits Etc 11/5/1893 20/6/1911
11572Rates Assessment Register 1/2/1894 31/3/1911
11576Registers of Stock Returns 18/12/1894 29/2/1920
11583Registers of Tobacconists Licences 1/6/1895 30/11/1911
11587Registers of Government Relief Granted to Indigent Persons [Maryborough] 1/8/1895 19/2/1904
16668Stock Mortgages Register 21/10/1895 9/8/1949
11580Register of Liens on Crops 16/1/1896 6/6/1925
11581Register of Persons Licensed to Depasture Horses, Sheep, Cattle, Pigs Etc [Maryborough] 1/1/1899 31/3/1908
11597Cash Book, Police Magistrate in Account With the Queensland National Bank 1/3/1901 29/11/1926
11598Register of Income Tax Collections 16/2/1903 26/10/1906
11578Stock Returns Received 31/1/1907 20/5/1909
11577Workers' Compensation Files 1/1/1911 31/12/1916
5582Complaints, Depositions and Related Papers in Criminal and Civil Sittings 1/1/1911 31/12/1940
11562Circulars 1/2/1912 31/8/1912
11561Monthly Register of Dairy Registrations 1/1/1914 30/6/1919
17253Maintenance Register 1/10/1914 10/6/1924
8299Register of Licensed Auctioneers and Farm Produce Agents' Licences 3/1/1923 2/2/1954
8282Register of Liquor Licences [Maryborough] 25/11/1935 31/12/1964
5504Police Charge Bench Books 24/9/1938 31/12/1964
8275Court Indexes 1/1/1940 31/12/1964
5526Bills of Sale Files 29/10/1940 1/1/1965
8278Bench Record Books (Licences) [Maryborough] 5/1/1942 31/12/1964
16670Fair Rents Register 21/8/1948 2/3/1962
8276Fines (Outstanding) 22/9/1950 24/2/1954
19775Records of Liquor Licence Applications [Maryborough] 13/10/1960 31/12/1964
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Controlling Agencies

Agency IDTitleFromTo
1161Colonial Secretary's Office, New South Wales 1/1/1850 10/12/1859
107Colonial Secretary's Office 10/12/1859 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
2559Children's Court, MaryboroughMagistrates Court
618Coroner's Court, MaryboroughMagistrates Court
8761Small Debts Court, Maryboroughminor 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
New South Wales Government Gazette 1850, Vol 1, p. 27
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946, p. 139
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, Maryborough was proclaimed by the Governor in Council on 1 January 1850.

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 and 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 and 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.

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 ID758, Court of Petty Sessions, Maryborough
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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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