The Court of the County of Durham was a court that exercised jurisdiction within the County Palatine of Durham. It was abolished, [1] subject to certain savings, on 5 July 1836. [2]
The sole roll of this court known not to have been lost is DCM Misc Ch 5722. [3] It includes material from the years 1403 and 1404. [4]
Section 2 of the Durham (County Palatine) Act 1836 provided:
That from and after the Commencement of this Act all the Power, Authority, and Jurisdiction of the Court called "The Court of the County of Durham" and of the Clerk of the Court of the County of Durham as Judge of the same Court or otherwise shall cease and determine; subject nevertheless and without Prejudice to any Proceedings then depending in such Court, as to which the Authority and Jurisdiction of the said Court and of the present Clerk of the said Court shall continue in full Force and Effect, notwithstanding the passing of this Act; and in case of Death or Removal from Office of the present Clerk of the said Court whilst any such Proceedings as aforesaid shall be still depending therein, the Under Sheriff of the said County shall and may for the purpose of such Proceedings, act as Judge of the said Court, and exercise the same Power, Authority, and Jurisdiction as the present Clerk of the said Court might have exercised if still living and continuing in Office: Provided always that the Sheriff for the Time being of the said County Palatine shall and may have and exercise the same Power of holding a County Court, and the same Jurisdiction therein, as is usually had and exercised by Sheriffs of other Counties in England.
Compensation
See sections 4 and 5 of the Durham (County Palatine) Act 1836.
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.
The Soke of Peterborough is a historic area of England associated with the City and Diocese of Peterborough, but considered part of Northamptonshire. The Soke was also described as the Liberty of Peterborough, or Nassaburgh hundred, and comprised, besides Peterborough, about thirty parishes.
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.
County Durham, officially simply Durham, is a ceremonial county in North East England. The ceremonial county was created from the historic County Palatine of Durham in 1853.
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.
A high sheriff is a ceremonial officer for each shrieval county of England and Wales and Northern Ireland or the chief sheriff of a number of paid sheriffs in U.S. states who outranks and commands the others in their court-related functions. In Canada, the High Sheriff provides administrative services to the supreme and provincial courts.
Custos rotulorum is a civic post that is recognised in the United Kingdom and in Jamaica.
The Diocese of Durham is a Church of England diocese, based in Durham, and covering the historic county of Durham. It was created in AD 635 as the Diocese of Lindisfarne. The cathedral is Durham Cathedral and the bishop is the Bishop of Durham who used to live at Auckland Castle, Bishop Auckland, and still has his office there. The diocese's administrative centre, the Diocesan Office, is located at Cuthbert House, Stonebridge just outside Durham City. This was opened in 2015.
The County Palatine of Durham and Sadberge, commonly referred to as County Durham or simply Durham, is a historic county in Northern England. Until 1889, it was controlled by powers granted under the Bishopric of Durham. The county and Northumberland are also traditionally known together as Northumbria.
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction in adjudicating discipline and hearing cases involving the removal of a judge from office, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma Constitution.
The Bishop of Durham is the Anglican bishop responsible for the Diocese of Durham in the Province of York. The diocese is one of the oldest in England and its bishop is a member of the House of Lords. Paul Butler has been the Bishop of Durham since his election was confirmed at York Minster on 20 January 2014. The previous bishop was Justin Welby, now Archbishop of Canterbury. The bishop is one of two who escort the sovereign at the coronation.
Ad vitam aut culpam, is a condition of appointment or tenure, and the corresponding principle of appointment, and the corresponding type of appointment or form of tenure, in Scotland. Under the law of Scotland, an office is said to be held ad vitam aut culpam, when the tenure of the possessor is determinable only by his death or delinquency; or, in other words, which is held quamdiu se bene gesserit.
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 into the High Court in 1972.
The Court of Chancery of the County Palatine of Durham and Sadberge was a court of chancery that exercised jurisdiction within the County Palatine of Durham until it was merged into the High Court in 1972.
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 judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.
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.
The palatine courts of Durham were a set of courts that exercised jurisdiction within the County Palatine of Durham. The bishop purchased the wapentake of Sadberge in 1189, and Sadberge's initially separate institutions were eventually merged with those of the County Palatine.
The Court of Common Pleas of the County Palatine of Lancaster, sometimes called the Common Pleas of or at Lancaster was a court of common pleas that exercised jurisdiction within the County Palatine of Lancaster until its jurisdiction was transferred to the High Court by the Supreme Court of Judicature Act 1873. It was a Superior Court of Record, exercising, within the limits of the County Palatine, a jurisdiction similar to that of the superior courts of common law at Westminster.
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.