Even before the Norman Conquest the Bishops of Durham appear to have claimed palatinate or quasi-palatinate rights and jurisdiction. This prescriptive franchise was confirmed by charters of William the Conqueror, William Rufus, Henry I and Henry II.[1] In the reign of Edward I, Anthony Bek, the then Bishop was summoned to appear before the King's Justices under the Statute of Quo Warranto (18 Edw. 1)[2] to show how he held his franchise, and on his refusal to appear his franchise was seized into the King's hands in the name of distress. The Bishop appealed to the King and his council in Parliament, who held that he was entitled to jura regalia between Tyne and Tees, and in Norhamshire and Bedlington. In 1836 the jura regalia of the Bishop of Durham were transferred to the Crown by the Durham (County Palatine) Act 1836 (6 & 7 Will. 4. c. 19).[lower-alpha 1] The last one surviving was the Court of Chancery of the County Palatine of Durham, the exercise of the jurisdiction being assimilated to that of the High Court of Justice by the Palatine Court of Durham Act 1889 (52 & 53 Vict. c. 47)[3]
Jurisdiction
The jurisdiction of the court was unlimited in amount, but limited in area to the county palatine which, as of 1909, certainly included the whole of what was then the county of Durham, and possibly other districts.[4] The Durham (County Palatine) Act 1836 (6 & 7 Will. 4. c. 19), defined "county of Durham" as "including the detached parts of Craikshire, Bedlingtonshire, Norhamshire, Allertonshire, and Islandshire, and all other places heretofore within the jurisdiction of the Bishop of Durham, in right of the said county palatine." By 1909 it had not been decided what the effect upon this was of the enactment of the Counties (Detached Parts) Act 1844 (7 & 8 Vict. c. 61), annexing detached parts of counties to the county of which it formed part for the purposes of parliamentary elections. The First Edition of Halsbury's Laws of England, however, suggested that an Act of this nature would not affect the jura regalia without express enactment. The Palatine Court of Durham Act 1889 (52 & 53 Vict. c. 47) did not define the area over which the court had jurisdiction.[5]
The jurisdiction apart from statute was the old jurisdiction of the High Court of Chancery within the county palatine. This was a jurisdiction in personam over the person within the area of jurisdiction, extending, in effect, to property wherever situate,[6] but enforceable only, apart from statute, against the person, and not the property. This jurisdiction was supplemented by statutes enabling orders of the Palatine Court to be enforced by making them orders of the High Court of Justice,[7] empowering the court to deal with the property of infants and other persons under disability, the administration of assets,[8][lower-alpha 2] giving to it the summary jurisdiction of the High Court,[10][lower-alpha 3] and the High Court jurisdiction[12] under the Charitable Trusts Acts 1853 to 1869,[13] and also the jurisdiction[14] under the Partition Acts 1868[15] and 1876,[16] the Settled Estates Act 1877 (40 & 41 Vict. c. 18), the Conveyancing Act 1881 (44 & 45 Vict. c. 41), and the Settled Land Acts 1882[17] and 1884.[18] There was also jurisdiction under section 46 of the Trustee Act 1893 (56 & 57 Vict. c. 53), and section 2 of the Judicial Trustee Act 1896 (59 & 60 Vict. c. 35). The jurisdiction was concurrent with that of the High Court of Justice.[19][20]
The Chancellor had a prescriptive power to regulate the procedure of his court, and further, with the concurrence of the Lord Chancellor, power to adapt and modify the Rules of the Supreme Court to the Palatine Court.[24] The Chancellor had jurisdiction to hear interlocutory matters out of the jurisdiction.[25] In case of any person who had entered an appearance, or come in, or otherwise submitted to the jurisdiction of the court, the Chancellor could, upon special application, make an order for service of process on him out of the jurisdiction.[26] The service of subpoenas on witnesses out of the jurisdiction was valid.[27][28]
Rules
(A) "Orders to be observed in the Chancery at Durham" were General Orders dated 8 October 1596 (38 Eliz 1). (B) "Orders for the better expedition, and more perfect and exact proceedings in the Suits in the Chancery, at Durham" were General Orders dated 1610, signed by W Duresme and Richard Hutton, and done at the Chancery of Durham "Fra. Goodrick, Canc". (C) "Orders revived, and established in the Court of Chancery, at Durham, in open Court" were General Orders dated 29 August 1676 (28 Car 2) and signed by Jo Otway. (D) "Orders relating to the Practice not, or but few of them, in the preceding Tables, but ordered by the Court to be observed" were General Orders dated 22 October 1684 (36 Car 2).[29]
General Orders and Rules of the Court of Chancery at Durham were made by the Chancellor on 15 June 1853. He also made an order appointing George Walker to print an publish these Rules and Orders, whereupon they were printed and published by Walker.[30]
The Chancery of Durham Rules 1889 were made by the Chancellor on 1 February 1889, and were amended by rules made on 6 July 1889. An order as to court fees and another as to solicitor's costs were also made by the Chancellor on 1 February 1889. These rules, which were adapted from the Rules of the Supreme Court, were printed and put on sale. They were made under the Chancellor's prescriptive power, and not under the powers conferred by section 1 of the Palatine Court of Durham Act 1889.[31]
In 1952, the Chancery of Durham Rules 1889 were accused by a working party of the Committee on Supreme Court Practice and Procedure of being archaic and difficult, if not impossible, for practitioners to obtain for use in their own offices.[32]
Appeal
There was an appeal to the Court of Appeal, and thence to the House of Lords.[33]
Officers
Up to at least 1909,[34] there was an Attorney General, a Solicitor General, a conveyancing counsel, and a registrar of the court, who was appointed by the Chancellor and exercised the functions of a Master of the Supreme Court (Chancery Division[35] and Taxing Office)[36] and of a Chancery Registrar etc. He also had the custody of documents etc.[37] There was an appeal from the Registrar to the Chancellor.[38]
Cursitor
The office of cursitor of chancery in the palatine of Durham was abolished by section 1 of the Durham Chancery Act 1869 (32 & 33 Vict c 84), which transferred the duties of that office to the registrar of the court.
The Courts Act 1971 states: "On the appointed day ... the Court of Chancery of the County Palatine of Durham and Sadberge ... shall be merged with the High Court. Accordingly on and after that day no jurisdiction, whether conferred by statute or otherwise, could be exercised, or can now be exercised, by the Palatine Courts as such."[39] The Court of Chancery of the County Palatine of Durham and Sadberge was abolished on merger with the High Court.[40]
Transitional provisions
Transitional provisions were contained in Part I of Schedule 5 to the Courts Act 1971.
Offices
Any judicial or other office in the Court of Chancery of the County Palatine of Durham and Sadberge was abolished by section 44(1)(b) of the Courts Act 1971.
Section 44(2) conferred a power to make regulations to provide for the compensation of persons who suffered loss of employment or loss or diminution of emoluments attributable to the effect of section 44(1)(b) or to the merger of the Court of Chancery of the County Palatine of Durham and Sadberge.
The Supreme Court of Judicature Act 1873 was an Act of the Parliament of the United Kingdom in 1873. It reorganised the English court system to establish the High Court and the Court of Appeal, and also originally provided for the abolition of the judicial functions of the House of Lords with respect to England. It would have retained those functions in relation to Scotland and Ireland for the time being. However, the Gladstone Liberal government fell in 1874 before the act entered into force, and the succeeding Disraeli Conservative government suspended the entry into force of the act by means of the Supreme Court of Judicature (Commencement) Act 1874 and the Supreme Court of Judicature Act 1875.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
In England, Wales and Ireland a county palatine or palatinate was an area ruled by a hereditary nobleman enjoying special authority and autonomy from the rest of a kingdom. The name derives from the Latin adjective palātīnus, "relating to the palace", from the noun palātium, "palace". It thus implies the exercise of a quasi-royal prerogative within a county, that is to say, a jurisdiction ruled by an earl, the English equivalent of a count. A duchy palatine is similar but is ruled over by a duke, a nobleman of higher precedence than an earl or count.
The Courts Act 1971 is an act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales, as well as effectively separating the business of the criminal and civil courts.
The County Palatine of Durham was a jurisdiction in the North of England, within which the bishop of Durham had rights usually exclusive to the monarch. It developed from the Liberty of Durham, which emerged in the Anglo-Saxon period. The gradual acquisition of powers by the bishops led to Durham being recognised as a palatinate by the late thirteenth century, one of several such counties in England during the Middle Ages. The county palatine had its own government and institutions, which broadly mirrored those of the monarch and included several judicial courts. From the sixteenth century the palatine rights of the bishops were gradually reduced, and were finally abolished in 1836. The last palatine institution to survive was the court of chancery, which was abolished in 1972.
Statute Law Revision Act is a stock short title which has been used in Antigua, Australia, Barbados, Bermuda, Canada, Ghana, the Republic of Ireland, South Africa and the United Kingdom, for Acts with the purpose of statute law revision. Such Acts normally repealed legislation which was expired, spent, repealed in general terms, virtually repealed, superseded, obsolete or unnecessary. In the United Kingdom, Statute Law (Repeals) Acts are now passed instead. "Statute Law Revision Acts" may collectively refer to enactments with this short title.
The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged with the High Court and abolished in 1972.
County Courts Act is a stock short title used for legislation in the United Kingdom and Victoria relating to county courts.
The Chancery Amendment Act 1858 also known as Lord Cairns' Act after Sir Hugh Cairns, was an Act of the Parliament of the United Kingdom that allowed the English Court of Chancery, the Irish Chancery and the Chancery Court of the County Palatine of Lancaster to award damages, in addition to their previous function of awarding injunctions and specific performance. The Act also made several procedural changes to the Chancery courts, most notably allowing them to call a jury, and allowed the Lord Chancellor to amend the practice regulations of the courts. By allowing the Chancery courts to award damages it narrowed the gap between the common law and equity courts and accelerated the passing of the Judicature Act 1873, and for that reason has been described by Ernest Pollock as "prophetic".
The Piracy Act 1850, sometimes called the Pirates Repeal Act 1850, is an Act of the Parliament of the United Kingdom. It relates to proceedings for the condemnation of ships and other things taken from pirates and creates an offence of perjury in such proceedings.
The Norwich Guildhall Court was, at the time of its abolition, a local court of record which actively exercised a civil jurisdiction comparable to or greater than that of the county court for the district in which it was situated. The court appears to have originated in a court of husting, on the model of that of London.
The Liverpool Court of Passage was, at the time of its abolition, a local court of record which actively exercised a civil jurisdiction comparable to or greater than that of the county court for the district in which it was situated.
The Durham Act 1836 was an Act of the Parliament of the United Kingdom. It abolished the temporal authority of the Bishop of Durham within the County Palatine of Durham, placing the county under lay administration. Previously, since 1075, the so-called prince-bishops had substantial powers as earls "with the right to raise an army, mint his own coins, and levy taxes".
The Administration of Justice Act 1977 is an act of the Parliament of the United Kingdom.
The Statute Law Revision and Civil Procedure Act 1883 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision and Civil Procedure Bill.
The Palatine Court of Durham Act 1889 was an Act of the Parliament of the United Kingdom. It was one of the Durham County Palatine Acts 1836 to 1889. The Bill for this Act was the Palatine Court of Durham Bill. Lely said that this Act was of practical utility.
The Civil Procedure Acts Repeal Act 1879 is an Act of the Parliament of the United Kingdom. It is a public general Act. The bill for this act was the Civil Procedure Acts Repeal Bill.
The Court of Pleas of the County Palatine of Durham and Sadberge, sometimes called the Court of Pleas or Common Pleas of or at Durham was a court of common pleas that exercised jurisdiction within the County Palatine of Durham until its jurisdiction was transferred to the High Court by the Supreme Court of Judicature Act 1873. Before the transfer of its jurisdiction, this tribunal was next in importance to the Chancery of Durham. The Court of Pleas probably developed from the free court of the Bishop of Durham. The Court of Pleas was clearly visible as a distinct court, separate from the Chancery, in the thirteenth century.
Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse.
The Prosecution of Offences Act 1879 was an act of the Parliament of the United Kingdom. It was one of the Prosecution of Offences Acts 1879 to 1908.
References
Halsbury's Laws of England, First Edition, Butterworth & Co, London, (Agents for Canada: Canada Law Book Company, Toronto), 1909, Volume 9, paragraphs 263 to 269, at pages 124 to 127.
The Practice of the Court of Chancery of the County Palatine of Durham. James Graham. Sunderland. 1807. Google Books
Thomas Colpitts Granger. The Practice and Procedure of the Court of Chancery at Durham, with the Orders and Rules, etc. C Thwaites. 1882. WorldCat
General Orders and Rules of the Court of Chancery at Durham. George Walker. Sadler Street, Durham. 1853. [Orders of 15 June 1853]. Google Books
O Hood Phillips. "2. The Chancery Courts of Lancaster and Durham". A First Book of English Law. Fourth Edition. Sweet and Maxwell. 1960. Pages 74 and 75.
↑ 16 & 17 Vict. c. 137; 18 & 19 Vict. c. 124; 23 & 24 Vict. c. 136; 25 & 26 Vict. c. 112; 32 & 33 Vict. c. 110. The court had also inherent jurisdiction to control charitable trusts, but this jurisdiction was only exercisable by information in the name of the Attorney General. Halsbury's Laws of England, First Edition, 1909, vol 9, p 126, footnote p.
↑ Halsbury's Laws of England, First Edition, 1909, vol 9, p 126, para 265
↑ The Palatine Court of Durham Act 1889 (52 & 53 Vict c 47), s 1
↑ The Palatine Court of Durham Act 1889 (52 & 53 Vict c 47), s 4
↑ The Palatine Court of Durham Act 1889 (52 & 53 Vict c 47), s 2
↑ The Palatine Court of Durham Act 1889 (52 & 53 Vict c 47), s 5
↑ Halsbury's Laws of England, First Edition, 1909, vol 9, p 127, para 266
↑ The Practice of the Court of Chancery of the County Palatine of Durham. James Graham. Sunderland. 1807. Pages i and ii.
↑ General Orders and Rules of the Court of Chancery at Durham. George Walker. Sadler Street, Durham. 1853. [Orders of 15 June 1853]. Google Books
↑ Halsbury's Laws of England, First Edition, 1909, vol 9, p 127, para 267 and footnote m
↑ "Report of the Working Party appointed to consider the Durham Palatine Court", Schedule to the Third Interim Report of the Committee on Supreme Court Practice and Procedure (1952) (Cmd 8617) (Evershed Committee), 16 Papers by command 58 (HMSO) . This command paper is reported and discussed at (1952) 214 Law Times 136 , (1952) 71 Law Notes 226 , and "The Durham Palatine Court" (1952) 127 The Accountant 272 (6 September) .
↑ The Palatine Court of Durham Act 1889 (52 & 53 Vict c 47), s 11. The change that this enactment made in the appeal was to substitute an appeal in the first instance to the Court of Appeal for an appeal direct to the House of Lords. Halsbury's Laws of England, First Edition, 1909, vol 9, p 127, footnote n.
↑ Halsbury's Laws of England, First Edition, 1909, vol 9, p 127, para 269
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