Agency Details

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Agency ID7129
TitleSmall Debts Court, Georgetown
Agency TypeMagistrates Court
Start Date 11/1/1872
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
11411Ledgers 23/10/1873 15/10/1885
11414Cash Book 28/10/1873 19/2/1909
11383Minute Books 8/12/1874 7/7/1897
11394Day Book 28/7/1879 14/3/1885
11385Register of Fees Collected by the Registrar 11/12/1884 14/12/1911
11362Plaint Book - Small Debts Court 2/2/1888 23/8/1898
11384Minute Book (Defended Cases) 25/5/1888 12/9/1891
11395Registers of Writs of Fi Fa (Fieri Facias) 21/6/1888 20/9/1914
11374Register of Plaints 25/8/1891 28/6/1941
11382Debt Attachment Book 7/11/1895 28/10/1912
11403Record Books 27/8/1897 20/4/1922
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 11/1/1872 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
2040Court of Petty Sessions, Georgetownminor 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 1872, Vol XIII, No 3, p. 42
Queensland Government Gazette 1922, Vol CXVIII, No 99, p. 999
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 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.

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, Georgetown was proclaimed by the Governor in Council on 11 January 1872.

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, Beaudesert was deemed to be the Magistrates Court, Beaudesert.

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 ID7129, Small Debts Court, Georgetown
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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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