Agency Details

Click on the series title to view series details.
Agency ID779
TitleCourt of Petty Sessions, Petrie
Agency TypeMagistrates Court
Start Date 4/11/1880
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

Go to Description...

Series

Series IDTitleFromTo
9182Register of Fines 4/4/1881 3/10/1912
7956Deposition Book 31/1/1887 9/3/1897
9174Warrant Book 9/2/1891 19/6/1915
9178Bills of Sale Registers 31/12/1891 21/9/1945
9184Stock Mortgages Register 13/2/1895 31/5/1933
9177Bench Record and Summons Books 1/10/1898 31/12/1964
9173Liens on Crops Register 26/11/1898 20/7/1901
9175Bailiff's Book 26/5/1905 25/10/1912
9181Register of Tobacconists' Licences 4/6/1913 28/11/1958
9171Workers Compensation Claim Register 8/1/1917 23/3/1918
9170Workers Compensation Claim Ledger 13/1/1917 3/8/1922
9180Register of Licensed Auctioneers and Commission Agents 4/7/1923 9/1/1963
9183Registers of Stock Returns 12/1/1927 18/6/1934
11699Bailiffs' Summons Books 19/7/1960 6/4/1965
9179Record of Applications [Petrie] 2/8/1960 21/10/1964
  Back to Top

Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 4/11/1880 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 31/12/1964
  Back to Top

Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
  Back to Top

Previous Agencies

Details of previous agencies do not exist or are unavailable.
  Back to Top

Subsequent Agencies

Agency IDTitle
1353Magistrates Court, Petrie
  Back to Top

Related Agencies

Agency IDTitleRelationship
1812Small Debts Court, Petrieminor court
  Back to Top

Finding Aids

This agency has no finding aids.
  Back to Top
Publication Notes
This agency has no publication notes.
  Back to Top

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 Government Gazette 1880, Vol XXVII, p. 1124
Queensland Government Gazette 1954, Vol CLXXXVI, No 36, p. 398
Queensland Government Gazette 1964, vol CCXVII, No 41, p. 827
Back to Top

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
Back to Top
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, North Pine was proclaimed by the Governor in Council on 4 November 1880.

The settlement of North Pine was renamed Petrie on 6 July 1911. The Court of Petty Sessions, North Pine was renamed the Court of Petty Sessions, Petrie on 27 May 1954.

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:
Attorney General 1 Jul 1954 - 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.
Back to Top

Preferred Citation

Queensland State Archives Agency ID779, Court of Petty Sessions, Petrie
Back to Top
Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
Feedback
Share :

Is your feedback about:


Page feedback

How satisfied are you with your experience today?*












Comments*

Feedback on government services, departments and staff

Please use our complaints and compliments form

>