Agency Details

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Agency ID8761
TitleSmall Debts Court, Maryborough
Agency TypeMagistrates Court
Start Date 12/10/1853
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
4547Judgment Books 4/5/1857 3/4/1922
5514Plaint Books [Small Debts Court/Magistrattes Court, Maryborough] 4/1/1875 3/4/1922
11600Deposition and Minute Books 4/7/1876 21/5/1891
5552Receipt Book 11/6/1883 13/6/1888
5473Execution Books 2/7/1883 30/4/1922
11599Registers of Fees Collected 30/9/1884 2/3/1910
11563Summons Book 1/5/1885 31/12/1885
11564Register of Professional Costs 9/9/1885 31/1/1891
11602Depositions in Land Valuation Assessment Appeals 1/1/1891 31/12/1891
11574Depositions and Papers 1/1/1891 31/12/1892
5475Debt Attachment Books 14/8/1895 3/4/1922
5396Foreign Warrant Reissue Books 30/8/1895 3/4/1922
5502Australian Register of Judgments 23/1/1906 3/4/1922
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 31/12/1867 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
758Court of Petty Sessions, Maryboroughminor 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
Justices Act 1886
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
New South Wales Government Gazette 1853, No. 118, p. 1958.
Queensland Government Gazette 1867, Vol VIII, No 29, p1475
Queensland Government Gazette 1922, Vol CXVIII, No 99, p 999
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Legislation

Establishing N/A
Abolishing Magistrates Courts Act 1921
Administered Small Debts Recovery Act 1846
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.

The Small Debts Court, Maryborough was established on 12 October 1853.

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. This Act, which took effect from 31 December 1867, firmly established the Small Debts Court, Maryborough.

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

FUNCTIONS:
Under the "Small Debts Courts Acts 1867-1894" and further amending legislation, small debts courts were granted jurisdiction to hear claims for moneys less than a specified 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 ID8761, Small Debts Court, Maryborough
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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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