Court of Chancery of the County Palatine of Lancaster explained

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.

Constitution

By a charter of Edward III dated the 6 March 1351,[1] there was granted for life to Henry, Duke of Lancaster (inter alia), a court of chancery, a chancellor,[2] and such other jura regalia[3] in the county of Lancaster as pertained to a count palatine. On 28 February 1377,[4] a similar charter was granted for the term of his life to John, King of Castile and Leon, Duke of Lancaster. On 16 February 1390,[5] Richard II by charter granted these jura regalia to the Duke of Lancaster and his heirs male. Henry IV on his accession by a charter of the 14 October 1399,[6] declared that these jura regalia were not to be changed by the King's accession and severed the Duchy from the Crown, the reason being that he had the Duchy by a sure and indefeasible title, but specially because his title to the Crown was not so assured, as the right to the Crown was in the heir of Lionel, Duke of Clarence, second son of Edward III.[7] From that time the county palatine of Lancaster remained in the possession of the Sovereign as an inheritance separate from the Crown.[8]

The county palatine of Lancaster under these charters had a court called the Court of Chancery of Lancaster, which was by 1909 regulated by a number of statutes, and also an Attorney General of the County Palatine and Duchy of Lancaster.[9] [10]

Jurisdiction and appeals

Jurisdiction

The Court of Chancery of Lancaster had within the county palatine the like powers and jurisdiction as the High Court of Justice in its Chancery Division.[11] The jurisdiction was thus unlimited in amount, although limited in area. The jurisdiction was concurrent with that of the High Court of Justice,[12] and depended upon the existence within the jurisdiction of the persons, though not of the property, in question.[13] If, however, any action was commenced in the palatine court which was not within the ancient chancery jurisdiction of the court,[14] and would not if commenced in the High Court be assigned to the Chancery Division, it could be transferred to the High Court by Chancery Court of Lancaster or the Court of Appeal.[15] [16]

This court also possessed the summary jurisdiction of the Chancery Division,[17] the statutory jurisdiction as to the property of infants and other persons under disability, power to administer assets,[18] as well as jurisdiction under the Conveyancing and Law of Property Act 1881 (44 & 45 Vict. c. 41),[19] the Trustee Act 1893 (56 & 57 Vict. c. 53),[20] and the Judicial Trustee Act 1896 (59 & 60 Vict. c. 35),[21] and as to money paid into court[22] under the Lands Clauses Consolidation Act 1845 (8 & 9 Vict. c. 18).[23] [24]

Juries

The court had the power to direct that any question of fact arising in a suit or proceeding be tried by a special or common jury before the court itself,[25] or to direct an issue to try any question of fact by a jury at the assizes.[26] [27]

Patents

The Chancery Court of Lancaster was not a court, nor was the Vice-Chancellor a judge, within the meaning of the Patents and Designs Act 1907 (7 Edw. 7. c. 29);[28] the Vice-Chancellor had not power to grant a certificate that the validity of a patent came into question in an action for infringement so as to entitle the patentee to solicitor and client costs in a subsequent action for infringement unless the court otherwise directs.[29] [30]

Appeal

An appeal lay from this court to the Court of Appeal,[31] and thence to the House of Lords.[32] [33]

Judges

The Chancellor of the Duchy and County Palatine formerly exercised judicial functions. However, by 1909, the appointment was of a political nature, and carried with it as a rule a seat in the Cabinet. By 1909, the Vice-Chancellor, with the exception of certain interlocutory matters,[34] performed all the judicial functions. He was appointed on the nomination of the Chancellor of the Duchy by letters patent from the Crown, which were expressed to be during pleasure, but in point of fact were Latin: [[quam diu se bene gesserit]]. Whenever the office of Chancellor of the Duchy and County Palatine of Lancaster became vacant, the Vice-Chancellor continued in office subject to the powers of the succeeding Chancellor.[35] [36]

Procedure

Rules

The Chancellor of the Duchy and County Palatine had statutory powers[37] to make rules of procedure subject to the approval of the authority for the time being empowered to make rules for the Supreme Court. Under these powers rules of procedure were made[38] which assimilated the procedure of the Palatine Court to that of the High Court of Justice. Rules were also made under the Settled Estates Act 1877 (40 & 41 Vict. c. 18),[39] the Settled Land Act 1882 (45 & 46 Vict. c. 38),[40] and under the Trustee Act 1893 (56 & 57 Vict. c. 53).[41] There were also rules dealing with court fees,[42] solicitors' costs,[43] suitors' fund and fee fund accounts.[44] The Chancellor of the Duchy had power to make rules regulating proceedings under the Conveyancing and Law of Property Act 1881 (44 & 45 Vict. c. 41).[45] [46]

Party out of jurisdiction

In cases where any of the parties were out of the jurisdiction of the court the Court of Appeal could either direct the cause to be transferred to the High Court or service to be effected out of the jurisdiction.[47] Where a decree or order of the court could not be enforced because the party to be bound thereby was out of the jurisdiction, it could be enforced by making it an order of the High Court.[48] [49]

The Vice-Chancellor had power to hear interlocutory matters out of the jurisdiction,[50] but he could only hear causes out of the jurisdiction by consent.[51] [52]

Officers

There was an Attorney-General of the County Palatine and Duchy of Lancaster. There were three district registrars of the Liverpool, Manchester and Preston districts respectively, with one assistant registrar at Liverpool and two at Manchester. The registrars were appointed by the Chancellor of the Duchy and County Palatine, and held office during his pleasure. The registrars in the Palatine Court performed the duties which the Masters of the Supreme Court (Chancery Division and Taxing Office), the Chancery Registrars, and the Clerks in the Central Office performed in the High Court.[53] [54]

There was also a comptroller, who was appointed by the Chancellor. His duties were to check receipts and payments of suitors' moneys.[55]

The other officers were a seal-keeper and a cursitor.[56] [57]

Other relevant legislation

The court was regulated by the following acts in particular:

Short Title:Court of Chancery of Lancaster Act 1850
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to amend the Practice and Proceedings of the Court of Chancery of the County Palatine of Lancaster.
Year:1850
Citation:13 & 14 Vict. c. 43
Royal Assent:29 July 1850
Repealing Legislation:Courts Act 1971
Status:repealed
Collapsed:yes
Short Title:Court of Chancery of Lancaster Act 1854
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act further to improve the Administration of Justice in the Court of Chancery of the County Palatine of Lancaster.
Year:1854
Citation:17 & 18 Vict. c. 82
Royal Assent:7 August 1854
Repealing Legislation:Courts Act 1971
Status:repealed
Collapsed:yes
Short Title:Chancery of Lancaster Act 1890
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to further improve the Administration of Justice in the Court of Chancery of the County Palatine of Lancaster.
Year:1890
Citation:53 & 54 Vict. c. 23
Royal Assent:25 July 1890
Repealing Legislation:Courts Act 1971
Status:repealed
Collapsed:yes
Short Title:Court of Chancery of Lancaster Act 1952
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to permit the transfer of proceedings from the High Court of Justice to the Court of Chancery of the County Palatine of Lancaster.
Year:1952
Citation:15 & 16 Geo. 6 & 1 Eliz. 2. c. 49
Royal Assent:1 August 1952
Repealing Legislation:Courts Act 1971
Status:repealed
Collapsed:yes
Short Title:Court of Chancery of Lancaster (Amendment) Act 1961
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to amend the Court of Chancery of Lancaster Act, 1952.
Year:1961
Citation:9 & 10 Eliz. 2. c. 38
Royal Assent:19 July 1961
Repealing Legislation:Courts Act 1971
Status:repealed
Collapsed:yes

All of these acts were repealed by section 56 of, and schedule 11 to, the Courts Act 1971.

Funds in court

Section 52 of the Administration of Justice Act 1956 provided:

Evidence of foreign law

See sections 4(2) and 4(4)(a) and (b) of the Civil Evidence Act 1972.

Reciprocal enforcement of foreign judgments

See:

Power to authorise superior landlord to enter and execute works

See section 30(3) of the Housing, Town Planning, &c. Act 1919.

Power of court to authorise examination of works on unfit premises or for improvement

See section 164(3) of the Housing Act 1957.

Land Charges Act 1925

See main article: Land Charges Act 1925.

See section 20(2) of that Act.

Merger with the High Court

On the appointed day the Court of Chancery of the County Palatine of Lancaster was 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 Court of Chancery of the County Palatine of Lancaster as such.[58] The Court of Chancery of the County Palatine of Lancaster was abolished on merger with the High Court.[59]

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 Lancaster, other than the office of Vice-Chancellor of the County Palatine of Lancaster, 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 Lancaster.

References

Notes and References

  1. Hardy, Charters of the Duchy of Lancaster, p 9. Halsbury's Laws of England, First Edition, 1909, vol 9, p 120, footnote n.
  2. The first Chancellor of the Duchy was Sir Henry de Haydock, 1532, and the first Chancellor of the County Palatine was Thomas de Thelwall, appointed 16 April 1377 (Baines, History of Lancashire, vol 1, p 182). Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote o.
  3. Until 1873 the County Palatine had also its own Court of Common Pleas and special commissions of assize were issued in regard thereof (the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66), section 99). The appointment of justices of the peace was not affected by the said section 99, and in 1909 they were still appointed by Chancellor of the Duchy. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote p.
  4. Hardy, Charters of the Duchy of Lancaster, p 32. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote a.
  5. Hardy, Charters of the Duchy of Lancaster, p 65. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote b.
  6. Hardy, Charters of the Duchy of Lancaster, p 102. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote c.
  7. 4 Co Inst 205. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote d.
  8. Halsbury's Laws of England, First Edition, 1909, vol 9, pp 120 & 121, para 255
  9. The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43); the Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82); the Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23); the Chancery Amendment Act 1858 (21 & 22 Vict. c. 27); and the Chancery Regulation Act 1862 (25 & 26 Vict. c. 42). Both Chancery Amendment Act 1858 and the Chancery Regulation Act 1862 were repealed by the Statute Law Revision and Civil Procedure Act 1883 (46 & 47 Vict. c. 49), with the proviso that they were to be construed as if contained in a local and personal Act relating to the Court of Chancery of Lancaster. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote e.
  10. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, para 255
  11. The Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23), section 3. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote f.
  12. Wynne v Hughes (1859) 26 Beav 377; Re Yates, Bradley v Stelfox (1862) 3 De G J & Sm 402; Re Alison's Trusts and Re Johnson (Infants) (1878) 8 Ch D 1 at 9, CA. See also the report in 26 WR 450, per Jessel MR, at p 453: "It must be remembered that the Palatine Court and the High Court are co-ordinate jurisdictions". Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 121, footnote g.
  13. Re Longdendale Cotton Spinning Co (1878) 8 Ch D 150. See also Dunmore v Wharam (1898) 67 LJ (Ch) 221; Re State Banking Corporation Ltd (1907) 51 Sol Jo 265. Halsbury's Laws of England, 1st ed., 1909, vol. 9, pp. 121–122, footnote h.
  14. Section 23 of the Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43) abolished the jurisdiction of the Palatine Court over persons of unsound mind. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote i.
  15. The Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23), section 5. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote k.
  16. Halsbury's Laws of England, 1st ed., 1909, vol 9, pp 121–122, para 256
  17. The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43), section 11. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote l.
  18. The Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82), section 12. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote m.
  19. The Conveyancing and Law of Property Act 1881 (44 & 45 Vict. c. 41), section 69(9). Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote n.
  20. The Trustee Act 1893 (56 & 57 Vict. c. 53), section 46. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote o.
  21. The Judicial Trustee Act 1896 (59 & 60 Vict. c. 35), section 2. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote p.
  22. The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43), section 12. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote q.
  23. The Lands Clauses Consolidation Act 1845 (8 & 9 Vict. c. 18). Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote r.
  24. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, para 256
  25. The Chancery Amendment Act 1858 (21 & 22 Vict. c. 27), section 3; Yates v Kyffin-Taylor and Wark [1899] WN 141. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote s.
  26. The Chancery Regulation Act 1862 (25 & 26 Vict. c. 42), section 2; Yates v Kyffin-Taylor and Wark [1899] WN 141. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote a.
  27. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, para 257
  28. The Patents and Designs Act 1907 (7 Edw. 7. c. 29). Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote b.
  29. The Patents and Designs Act 1907 (7 Edw. 7. c. 29), section 35; see Proctor v Sutton Lodge Chemical Co (1888) 5 RPC 184. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote c.
  30. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, para 258
  31. The Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66), section 18(2). By the Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82), section 1, the Chancellor of the Duchy and the two Lords Justices of Appeal were constituted the Court of Appeal in Chancery of the County Palatine, with an appeal thence to the House of Lords (the Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82), section 3). The Court of Judicature Act 1873 (36 & 37 Vict. c. 66), section 18, transferred this jurisdiction to the Court of Appeal (see Halsbury's Laws of England, First Edition, vol 9, p 62), and the sections of the act of 1854 were repealed by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59). Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote d.
  32. The Appellate Jurisdiction Act 1876 (39 & 40 Vict. c. 59), section 3. As to appeals, see Lee v Nuttall (1879) 12 Ch D 61, CA; Kershaw v Vickers (1868) 3 Ch App 513. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote e.
  33. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, para 259
  34. The Chancery of Lancaster Rules, Ord 48. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote f.
  35. The Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23), section 7. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote g.
  36. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, para 260
  37. The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43), sections 1 to 4; the Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23), section 6. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote h.
  38. The Chancery of Lancaster Rules 1884, which were amended by the Chancery of Lancaster Rules 1887, by a general order and rule dated 19 December 1893, and by the Chancery of Lancaster Rules 1894. These rules were printed as then in force in Statutory Rules and Orders Revised, vol 6, Lancaster, pp 23 & 223; Snow and Winstanley, Chancery Court of Lancaster, p 42. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote i.
  39. Settled Estates Act, Chancery of Lancaster Orders, 1880; Statutory Rules and Orders Revised, vol 6, Lancaster, p 1; Snow and Winstanley, p 205. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote k.
  40. Settled Land Act, Chancery of Lancaster Rules, 1883; Statutory Rules and Orders Revised, vol 6, Lancaster, p 12; Snow and Winstanley, p 212. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote l.
  41. Rules under Trustee Act 1893; Statutory Rules and Orders Revised, vol 6, Lancaster, p 258. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote m.
  42. See Statutory Rules and Orders Revised, vol 6, Lancaster, pp 223, 243 & 257; Snow and Winstanley, pp 218 & 244. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote n.
  43. See Statutory Rules and Orders Revised, vol 6, Lancaster, pp 232 & 243; Snow and Winstanley, pp 229 & 244. As to costs and court fees, see Orders of 27 and 28 November 1884, and Re Manchester Real Ice Skating and Supply Co [1900] 1 Ch 573, CA. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote o.
  44. See Statutory Rules and Orders Revised, vol 6, Lancaster, pp 244 & 255; Snow and Winstanley, p 246; Statutory Rules and Orders, 1908; Addenda, pp 1009 & 1010. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote p.
  45. The Conveyancing and Law of Property Act 1881 (44 & 45 Vict. c. 41), section 69(9). Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote q.
  46. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, para 261
  47. The Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82), section 8. See Re Watmough, Sergenson v Beloe (1883) 24 Ch D 280, CA; Cooke v Smith (1890) 44 Ch D 72, CA; Waltham v Goodier (1855) 3 WR 352; Walker v Dodds (1887) 37 Ch D 188, CA. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, footnote r.
  48. The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43), section 15. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, footnote s.
  49. Halsbury's Laws of England, First Edition, 1909, vol 9, pp 123 & 124, para 261
  50. The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43), section 13. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, footnote a.
  51. The Chancery of Lancaster Rules, Ord 33, rules 1 & 2. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, footnote b.
  52. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, para 261
  53. The Chancery of Lancaster Rules, Ord 48. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, footnote c.
  54. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, para 262
  55. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, para 262
  56. Cursitors (clerici de cursu) were clerks of the Court of Chancery who made out original writs; see Halsbury's Laws of England, First Edition, vol 1, title "Action", p 32. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, footnote d.
  57. Halsbury's Laws of England, First Edition, 1909, vol 9, p 124, para 262
  58. The Courts Act 1971, section 41(1)
  59. The Courts Act 1971, section 57(3)(b)

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