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Download A History of the County Court, 1846-1971 by Patrick Polden PDF

By Patrick Polden

The 1st full-length account of the institution of the County courtroom in England and Wales in 1846 and its paintings, via to its reconstruction in 1971. It lines its improvement from being mostly a debt assortment corporation to its a ways wider jurisdiction at the present time because the major discussion board for civil disputes. Drawing on quite a lot of assets, the writer describes its association and officials and discusses the jobs of attorneys and lay individuals. Given the present controversy over entry to justice, it is a well timed new background.

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79 The new courts, courts of record, were to be styled `Courts of Local or Ordinary Jurisdiction'. Each county would have one, its resident judge sitting in towns of his choosing, holding court in each at least once a month except for his vacation in August. His jurisdiction would be impressively wide; personal torts up to £50; debts, contracts, trespass to goods, trover and small legacies up to £100. 80 Not content with this, Brougham conferred on his proteÂgeÂs the power to sit as arbitrators and in `courts of reconcilement'.

P. 12. Arthurs, `Without the Law', pp. 33±4, forcefully points out that the evidence before the Commissioners hardly justi®ed their doubts on this score. Fifth Report, p. 12. g. , vol. 1, cols. , vol. 18, cols. 883±4). 101 Ibid. Fifth Report, p. 17. 24 A history of the county court, 1846±1971 personal claims up to £20, small legacies and ejectments relating to tenements with an annual value not above £20. About twenty judges were envisaged, chosen from barristers of ten years' standing, salaried and resident in their district and assisted by a registrar for each court.

Vol. 12, col. 152; vol. 13, cols. 599±601; HCJ 80 (1825±6) and HLJ 57 (1825). Evidence of the of®ce-holders to the select committee is in PP 1825 (276) V. George Tierney, quoted in N. Gash, Mr Secretary Peel (London, 1961), p. 337. , vol. 17, cols. 1350±8. The making of the new county courts 17 Most of Althorp's bill was retained by Peel. The main difference was in the judges. The sheriff or his deputy would preside and though the sheriff might appoint an assessor ad hoc, he would not be permanent, so avoiding any claim to a pension.

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