Agency Details

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Agency ID1780
TitleSmall Debts Court, Fischerton
Agency TypeMagistrates Court
Start Date 1/4/1896
End Date 11/11/1909
Date NotesN/A
Abstract

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

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Series

Series IDTitleFromTo
8445Deposition Book 1/4/1896 11/11/1909
8454Bailiff's Summons Book 4/7/1896 5/7/1900
8457Register of Fees Collected 4/7/1896 9/3/1909
8468Record Book 4/7/1896 8/10/1909
8435Minute Book 6/8/1896 8/10/1909
8443Debt Attachment Book 20/2/1907 11/11/1909
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 1/4/1896 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 11/11/1909
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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

Details of subsequent agencies do not exist or are unavailable.
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Related Agencies

Agency IDTitleRelationship
699Court of Petty Sessions, Fischertonminor 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

Queensland Government Gazette 1896, Vol LXV, p. 838
Queensland Government Gazette 1909, Vol XCIII, No 110, p. 1213
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
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Legislation

Establishing Small Debts Courts Act 1867
Abolishing N/A
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.

Under this Act and the "Justices Act 1886", the establishment by the Governor in Council of a place for the holding of a court of petty sessions was deemed to establish a small debts court. The Small Debts Court, Fischerton was proclaimed by the Governor in Council on 1 April 1896.

The Small Debts Court, Fischerton was abolished by gazettal proclamation dated 11 November 1909.

FUNCTIONS
Under the "Small Debts Courts Acts 1867-1894" and further amending legislation, small debts courts were granted jurisdiction to hear claims under a specific amount in the following civil actions: 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.
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Preferred Citation

Queensland State Archives Agency ID1780, Small Debts Court, Fischerton
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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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