Court of Chancery of the County Palatine of Lancaster
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The Court of Chancery of the County Palatine of Lancaster was a
court of chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
that exercised jurisdiction within the
County Palatine of Lancaster Lancashire ( , ; abbreviated Lancs) is the name of a historic county, ceremonial county, and non-metropolitan county in North West England. The boundaries of these three areas differ significantly. The non-metropolitan county of Lancashi ...
until it was merged into the High Court in 1972.


Relevant legislation

The court was regulated by the following Acts in particular: *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 Court of Chancery of Lancaster Act 1952 (15 & 16 Geo 6 and Eliz 2 c 49) *The
Court of Chancery of Lancaster (Amendment) Act 1961 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. Relevant legislation The court was regulated ...
(9 & 10 Eliz 2 c 38) All of these Acts were repealed by section 56 of, and Schedule 11 to, the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 ...
. Funds in court Section 52 of the
Administration of Justice Act 1956 Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, admini ...
provided: Evidence of foreign law See sections 4(2) and 4(4)(a) and (b) of the
Civil Evidence Act 1972 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 memb ...
. Reciprocal enforcement of foreign judgments See article 2(1)(a) of the Convention set out in th
Schedule
to the Reciprocal Enforcement of Foreign Judgments (Israel) Order 1971 (S.I. 1971/1039). See article 2(1)(a) of the Convention set out in th
Schedule
to the
Reciprocal Enforcement of Foreign Judgments (the Netherlands) Order 1969 Reciprocal may refer to: In mathematics * Multiplicative inverse, in mathematics, the number 1/''x'', which multiplied by ''x'' gives the product 1, also known as a ''reciprocal'' * Reciprocal polynomial, a polynomial obtained from another pol ...
(S.I. 1969/1063) See article 2(1)(a) of the Convention set out in th
Schedule
to the
Reciprocal Enforcement of Foreign Judgments (Norway) Order 1962 Reciprocal may refer to: In mathematics * Multiplicative inverse, in mathematics, the number 1/''x'', which multiplied by ''x'' gives the product 1, also known as a ''reciprocal'' * Reciprocal polynomial, a polynomial obtained from another pol ...
(S.I. 1962/636) Power to authorise superior landlord to enter and execute works Se
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 Se
section 164(3)
of the
Housing Act 1957 Housing, or more generally, living spaces, refers to the construction and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether ...
. Land Charges Act 1925 Se
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. The Court of Chancery of the County Palatine of Lancaster was abolished on merger with the High Court.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 57(3)(b)


Transitional provisions

Transitional provisions were contained in Part I of 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 ...
.


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 The Vice-Chancellor of the County Palatine of Lancaster is an office of the Duchy of Lancaster. The vice-chancellor is appointed by the Chancellor of the Duchy of Lancaster after consultation with the Lord High Chancellor of Great Britain. Since 19 ...
, was abolished by 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 merger of the Court of Chancery of the County Palatine of Lancaster.


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, Butterworth & Co, London, (Agents for Canada: Canada Law Book Company, Toronto), 1909, Volume 9 *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. *James Jones Aston. The Jurisdiction, Practice, and Proceedings of the Court of Chancery of the County Palatine of Lancaster. Wm Benning & Co. London. Addison. Preston. 1853
Google Books
*Thomas Snow. The Lancaster Chancery Practice. W Maxwell. London. 1885
WorldCatHathiTrust
*Bridgemann, Charles George Orlando. Orders and Rules of the Court of Chancery of the County Palatine of Lancaster of 1 August 1884, 27 and 28 November 1884. T Brakell. Liverpool. 1884
Internet Archive
*James W Winstanley. The Chancery of the County Palatine of Lancaster: Its Practice and Modes of Procedure, as Distinguished from the High Court of Chancery. Henry Greenwood. 1855
Google Books
*R Somerville. "The Palatine Courts in Lancashire". In A Harding (ed). ''Law Making and Law Makers in British History: Papers Presented to the Edinburgh Legal History Conference, 1977''. (Studies in History 22). Royal Historical Society. 1980. {{reflist Former courts and tribunals in England and Wales Legal history of England Duchy of Lancaster Courts of equity 1972 disestablishments in England Courts and tribunals disestablished in 1972