Agency Details

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Agency ID1827
TitleSmall Debts Court, Warwick
Agency TypeMagistrates Court
Start Date 12/2/1850
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
6965Small Debts Book 7/5/1867 7/1/1873
7023Plaint Book 13/12/1872 15/1/1902
6961Minute Books 7/1/1873 3/4/1922
7041Deposition Book 30/3/1878 28/12/1894
6981Fee Book 5/9/1883 28/12/1892
6929Register of Fees 5/9/1884 30/3/1910
6971Bailiffs Book 10/9/1884 3/4/1922
7022Debt Attachment Book 16/12/1896 8/2/1909
6966Record Book 17/1/1902 18/2/1909
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 21/12/1846 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

Agency IDTitle
1371Magistrates Court, Warwick
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Related Agencies

Agency IDTitleRelationship
805Court of Petty Sessions, Warwickminor 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

New South Wales Government Gazette 1850, Vol 1, p. 249
Queensland Government Gazette 1922, Vol CXVIII, p1475
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 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. The Court of Petty Sessions and therefore the Small Debts Court, Warwick was established on 12 February 1850.

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 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. Under this legislation, the Small Debts Court, Warwick was deemed to be the Magistrates Court, Warwick.

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 ID1827, Small Debts Court, Warwick
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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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