Agency Details

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Agency ID1164
TitleSmall Debts Court, Mount Morgan
Agency TypeMagistrates Court
Start Date 6/10/1887
End Date 3/4/1922
Date NotesN/A
Abstract

The Small Debts Court dealt with cases relating to minor financial matters.

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Series

Series IDTitleFromTo
16613Summons Book 6/2/1888 11/3/1907
16614Bailiff's Book 6/2/1888 3/4/1922
17143Plaint Books [Small Debts Court/Magistrates Court, Mount Morgan] 12/2/1888 7/1/1914
17145Record Books 13/2/1888 20/9/1922
16616Registers of Writs of Fi Fa (Fieri Facias) 17/4/1888 19/3/1920
11652Deposition Book 12/8/1889 25/8/1896
373Debt Attachment Books 1/1/1896 3/4/1922
374Foreign Execution Re-Issued Books 9/1/1899 3/4/1922
11650Register of Fees 24/6/1905 8/4/1909
11651Minute Book 12/3/1908 28/10/1919
5341Australian Register of Judgments 28/1/1915 3/4/1922
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 6/10/1887 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 3/4/1922
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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
648Court of Petty Sessions, Mount Morganminor 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

Australian Courts Act 1828
Small Debts Courts Act 1867
Justices Act 1886
Magistrates Court Act 1921
Queensland Government Gazette 1887, Vol XLII, No 29, p 464
Queensland Government Gazette 1922, Vol CXVIII, No 99, p 999
Fry, Thomas, Australian Courts and Administrative Tribunals, University of Queensland, 1946, p.93
Hanson G and Mayne Wm, The Small Debts Courts Practice, Queensland Law Journal, 1901, pp.1-4, 34
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Legislation

Establishing N/A
Abolishing Magistrates Courts Act 1921
Administered Small Debts Courts Act 1867
Distress, Replevin and Ejectment Act 1867
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Description
ESTABLISHMENT:
The "Australian Courts Act of 1828" established courts possessing summary jurisdiction in certain types of civil matters involving the payment or recovery of small debts, known as Courts of Requests. The "Small Debts Recovery Act of 1846" and subsequent Queensland legislation of 1864 provided for Courts of Petty Sessions to administer such actions.

Small Debts Courts were ultimately legislated in Queensland under the "Small Debts Courts Act of 1867". Under this legislation, Courts of Petty Sessions were deemed to be Small Debts Courts. On 6 October 1887, Mount Morgan was proclaimed a place for the holding of Courts of Petty Sessions, and thus Small Debts Court, Mount Morgan was established.

FUNCTIONS:
Under the "Small Debts Courts Acts", Small Debts Courts were granted jurisdiction to hear claims for less than a specified amount in civil actions including personal actions, actions for the unliquidated balance of a partnership account, actions for a distributive share under an intestacy or for a legacy under a will, equity suits for recovery of money or damages, actions for replevin concerning distress for rent, summary actions for ejectment between lessors and lessees, and complaints for maintenance.

ABOLITION:
Under the "Magistrates Courts Act 1921", from 3 April 1922, all Small Debts Courts were deemed to be Magistrates Courts and all officers of Small Debts Courts were deemed to be officers of Magistrates Courts. Under this legislation, the Small Debts Court, Mount Morgan was deemed to be the Magistrates Court, Mount Morgan.

PORTFOLIO CONTROLLING:
Colonial Secretary 31 Dec 1867 - 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 - 3 Apr 1922
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Preferred Citation

Queensland State Archives Agency ID1164, Small Debts Court, Mount Morgan
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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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