Identity area
Reference code
Title
Date(s)
- 1939-1983 (Creation)
Level of description
Collection
Extent and medium
15 boxes and 18 volumes
Context area
Name of creator
Biographical history
The Albury District Court was established on 9 December 1858 within the Southern District, utilising the boundaries of the Albury Police District. (1)
The District Court Act of 1858 (22 Vic No 18) was assented to on 12 November 1858. This Act established District Courts to replace Courts of Requests and had jurisdiction in civil cases where the values of the property involved did not exceed £200. (2)
The District Court performed the function of an intermediate Court between the Small Debts and Supreme Courts. Sittings occured at least twice each year in major country towns. Cases were normally heard by a Judge but either party could call for the empanelment of a jury if the amount in dispute exceeded £100. The Court's jurisdiction covered equity, probate, some divorce proceedings referred to it by the Supreme Courts and some common law matters where the amount in dispute was below £6000 or below £400 if land title was involved. Appeal, where available, was to the Appellate Jurisdiction of the Supreme Court decisions of the Supreme Court were over those actions cognisable on the common law side of the Supreme Court. (3)
The District Court Act 1973 (Act No 9, 1973), which came into effect on 1 July 1973 (4), abolished the existing District Courts and Courts of Quarter Sessions and the District Court was reconstituted as a single Court with both criminal and civil jurisdiction throughout New South Wales. (5)
Endnotes
(1) NSW Government Gazette, 9 December 1858, p.2173
(2) NSW Government Gazette, 12 November 1858, p.1899
(3) Official Yearbook of NSW, 1966. pp 380-1
(4) NSW Government Gazette, 8 June 1973, p. 2158
(5) The District Courts Act, 1973 s. 8 and s.9
Name of creator
Biographical history
The Albury Court of Petty Sessions was created on 21 December 1846 under the provisions of s.17 of the Offenders Punishment and Justices Summary Jurisdiction Act of 1832 (3 Wil.IV No.3). (1)
Matters relating to the licensing of premises for the sale of liquor were dealt with by the court until 1 March 1883 when a separate system of licensing courts was established. After 1924 the Court resumed responsibility for routine matters in relation to liquor licensing while Albury Licensing Court (1924 - 1983) and the Licensing Court of New South Wales after 1983 dealt with the more complex licensing issues. (2)
The Albury Court of Petty Sessions was abolished on 31 December 1984 when the Local Courts Act 1982 (Act No.164, 1982) abolished all Courts of Petty Sessions and replaced these with Local Courts. (3)
Endnotes
- NSW Government Gazette No.106, 22 December 1846, p.1603.
- Agencies 4001, 4002 and 3835.
- Local Courts Act 1982 (Act No.164, 1982) s.9; NSW Government Gazette No.178, 21 December 1984, p.6296.
Archival history
Content and structure area
Scope and content
Court of Petty Sessions depositions (Jan - Dec 1978), Judges' notebooks, Plaint and Minute books, Justices sworn and register of applications for auctioneers', hawkers' and other licenses.
Accruals
System of arrangement
Conditions of access and use area
Conditions governing access
Records relating to children as victims or perpetrators of crime are RESTRICTED for 100 years.
All other records are OPEN to public access.
A Reader’s Ticket issued by the State Archives and Records Authority of NSW is required to access original state archives and can be issued immediately upon production of identification. More information
Conditions governing reproduction
The reproducing and publishing of state archives is governed by the State Archives and Records Authority of NSW. More information
Language of material
Script of material
Language and script notes
Physical characteristics and technical requirements
Finding aids
An accession list is available. Click on 'Download Accession List' above to view.