Agency Details

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Agency ID1824
TitleSmall Debts Court, Thornborough
Agency TypeMagistrates Court
Start Date 18/1/1877
End Date 1/7/1920
Date NotesN/A
Abstract

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

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Series

Series IDTitleFromTo
11806Register of Proceedings 24/2/1885 12/5/1909
16997Debt Attachment Book 19/7/1900 19/8/1919
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 18/1/1877 6/8/1896
123Home Secretary's Office 6/8/1896 27/1/1904
19Department of Justice (I) 27/1/1904 1/7/1920
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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
799Court of Petty Sessions, Thornboroughminor 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 1877, vol. XX, no. 12, p. 145
Queensland Government Gazette 1920, Vol CXIV, No 316, p. 2499
Australian Courts Act 1828
Small Debts Recovery Act 1846
Justices Act 1886
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, Thornborough, was proclaimed by the Governor in Council on 18 Jan 1877.

Under the "Magistrates Courts Act 1921", from 3 April 1922 onwards 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.

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.

SUBSEQUENT AGENCY:
Small Debts Court, Mount Mulligan 1 Jul 1920 - 3 Apr 1922
Magistrates Court, Mount Mulligan 3 Apr 1922 -
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Preferred Citation

Queensland State Archives Agency ID1824, Small Debts Court, Thornborough
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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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