Norwich Guildhall Court
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The Norwich Guildhall Court was, at the time of its abolition, a local
court of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record ...
which actively exercised a
civil jurisdiction Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience * Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a mem ...
comparable to or greater than that of the
county court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the hig ...
for the district in which it was situated. The court appears to have originated in a
court of husting The Court of Husting is a court that sat at the Guildhall in the City of London. It is believed to be the oldest court in the City of London and had the jurisdiction of a county court. Whilst the court has not been abolished, it no longer sits an ...
, on the model of that of London.
Halsbury's Laws of England ''Halsbury's Laws of England'' is a uniquely comprehensive encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authoriti ...
, First Edition, Volume 9, para 414 at
186
The court was held under a grant of Richard I and other charters. The Charter of Charles II granted "that the sheriffs of the city and its county, may hold their court of pleas in the Guildhall, and prosecute and try, in the name of the mayor, sheriffs, citizens, and commonalty of the said city, any plea, in any personal or mixed action, and any cause or matter arising or happening in the said city or county; and upon every recovery or judgment given in the sheriff's court, they may levy damages given, and costs of suit, by distress taken on the goods and chattels of every person against whom such judgment has been given; and in failure of goods and chattels, then on those of their sureties, or may arrest their bodies or the bodies of the said sureties." By the Municipal Corporations Act 1835 (5 & 6 Will 4 c 76), this court was confirmed in all its powers, and the town council were empowered "to appoint the necessary officer, before whom such court is to be holden." This officer was called the Judge of the Borough Court. The steward was formerly the assessor to this court. By 1911, the procedure of the court was that established by the Common Law Procedure Acts 1852 and 1854. The whole of the provisions of the
Summary Procedure on Bills of Exchange Act 1855 may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a sh ...
(18 & 19 Vict c 67) were extended to this court, as also were those of the Schedule to the
Borough and Local Courts of Record Act 1872 A borough is an administrative division in various English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History In the Middle A ...
(35 & 36 Vict c 86).


Abolition

The Norwich Guildhall Court was abolished by section 43(1)(c) of the
Courts Act 1971 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. It established the Crown Court, introduced the posts of circuit judge and recorder ...
. Offices Any judicial or other office in the Norwich Guildhall Court was abolished b
section 44(1)(b)
of the
Courts Act 1971 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. It established the Crown Court, introduced the posts of circuit judge and recorder ...
. 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 abolition of the Norwich Guildhall Court. Transitional provisions Transitional provisions were made by section 43(2) of, and Part III o
Schedule 5
to the
Courts Act 1971 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. It established the Crown Court, introduced the posts of circuit judge and recorder ...
.


Public Records

Records of the Norwich Guildhall Court are
public records Public records are documents or pieces of information that are not considered confidential and generally pertain to the conduct of government. For example, in California, when a couple fills out a marriage license application, they have the optio ...
within the meaning of the Public Records Act 1958.This is the effect of paragraph 4(1)(b) of Schedule 1 to the Public Records Act 1958, as read wit
paragraph 4(1B)(c)
of that Schedule (as inserted b
paragraph 6
of Schedule 2 to the
Statute Law (Repeals) Act 2004 The Statute Law (Repeals) Act 2004 (c. 14) is an Act of the Parliament of the United Kingdom. It implements recommendations of the Law Commission and the Scottish Law Commission.The Law Commission and the Scottish Law Commission. Statute L ...
).


See also

* Norwich Guildhall


References

*
Halsbury's Laws of England ''Halsbury's Laws of England'' is a uniquely comprehensive encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authoriti ...
, First Edition, Volume 9, para 414 at p
185
to 186. See also pages 129 and 136 for a discussion of the general characteristics of borough and local courts of record. *Blyth, G K. The Norwich Guide. Printed by Josiah Fletcher. Upper Haymarket, Norwich
Page 71
{{reflist Former courts and tribunals in England and Wales Legal history of England 1972 disestablishments in England Courts and tribunals disestablished in 1972