Agency Details

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Agency ID1310
TitleMagistrates Court, Emerald
Agency TypeMagistrates Court
Start Date 3/4/1922
End Date Current
Date NotesN/A
Abstract

The Magistrates Court is the local court where all criminal and many civil cases first enter the court system.

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Series

Series IDTitleFromTo
7532Judgment Books 31/12/1964 16/12/1970
7529Bench Record and Summons Books 31/12/1964 15/12/1971
17356Register of Slaughterhouse Licences 31/12/1964 12/6/1973
7531Plaint Books [Court of Petty Sessions/Magistrates Court, Emerald] 31/12/1964 29/11/1976
17353Warrants of Execution Books 31/12/1964 18/4/1980
17360Debt Attachment Book 31/12/1964 12/10/1983
17355Foreign Warrants of Execution Book 31/12/1964 25/9/1985
16791Summons Books 31/12/1964 24/12/1990
17491Registers of Liquor Licences [Emerald District] 1/1/1965 11/12/1973
16793Summons Book 7/1/1965 12/7/1968
16794Register of Bench Complaint Sheets 1/3/1968 13/3/1972
16796Minutes of Conviction Book (Emerald) 1/9/1969 26/4/1972
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 3/4/1922 7/12/1989
33Department of Justice and Corrective Services 7/12/1989 11/4/1991
100Department of Justice (II) 11/4/1991 24/9/1992
34Department of Justice and Attorney-General 24/9/1992 26/2/1996
120Department of Justice (III) 26/2/1996 29/6/1998
8620Department of Justice and Attorney-General (II) 29/6/1998 Current
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Subsequent Agencies

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

Details of related agencies do not exist or are unavailable.
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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 1922, Vol CXVIII, No 99, p. 999
Small Debts Courts Acts 1867-1894
Justices Act 1886
Justices Act Amendment Act 1964
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
Queensland Government Gazette 1975, Vol CCL, No 4, p. 40
Queensland Government Gazette 1990, Vol CCXCV, No 128, p. 2272
Queensland Government Gazette 1991, Vol CCXCVII, No 64, p. 968
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Legislation

Establishing Magistrates Courts Act 1921
Abolishing N/A
Administered Magistrates Courts Act 1921
Justices Regulation 2004
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Description
ESTABLISHMENT:
Under the "Magistrates Courts Act 1921", from 3 April 1922 onwards: all small debts courts established under the Small Debts Courts Acts 1867-1894 were deemed to be magistrates courts, all officers of small debts courts were deemed to be officers of magistrates courts. Under this legislation, from 3 April 1922 the Small Debts Court, Emerald was deemed to be the Magistrates Court, Emerald.

Under the "Justices Act Amendment Act 1964", from 1 January 1965 onwards: all courts of petty sessions districts were deemed to be magistrates courts districts, all places previously appointed for the holding of courts of petty sessions were deemed to be places for the holding of magistrates courts, all clerks of petty sessions were deemed to be registrars of magistrates courts. Under this legislation, from 1 January 1965 onwards, the Court of Petty Sessions, Emerald was deemed to be the Magistrates Court, Emerald.

Records from the Magistrates Court, Anakie were transferred to the Magistrates Court, Emerald upon that Court being abolished by gazettal proclamation dated 4 September 1975. Records from the Magistrates Court, Rolleston were transferred to the Magistrates Court, Emerald upon that Court being abolished by gazettal proclamation dated 20 December 1990. Records from the Magistrates Court, Springsure were transferred to the Magistrates Court, Emerald upon that Court being abolished by gazettal proclamation dated 20 June 1991.

FUNCTIONS:
Under the "Magistrates Courts Act 1921", magistrates courts inherited the civil functions of small debts courts. With the abolition of district courts by this same Act, their jurisdiction increased to claims of £200 or less 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. In 2000 Magistrates Courts hear claims to $50000.

Under the "Justices Act Amendment Act 1964", magistrates courts inherited the petty criminal jurisdiction of courts of petty sessions. Petty criminal jurisdiction is a complicated matter of law involving numerous Commonwealth and State statutes but can be briefly described as jurisdiction over summary trials of simple offences and committal proceedings for indictable offences sent to the Supreme Court.

ADMINISTRATIVE STRUCTURE:
Actions brought before a Magistrates Court are heard and determined by a magistrate sitting alone. From 2004 the Magistrates Court, Emerald is within the Emerald Magistrates Courts District.
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Preferred Citation

Queensland State Archives Agency ID1310, Magistrates Court, Emerald
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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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