Norwich Guildhall Court

The Norwich Guildhall Court[1] was, at the time of its abolition, a local court of record which actively exercised a civil jurisdiction comparable to or greater than that of the county court for the district in which it was situated.[2]

The court was held under a grant of Richard I and other charters.[3] 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.[4]

Abolition

The Norwich Guildhall Court was abolished by section 43(1)(c) of the Courts Act 1971.

Offices

Any judicial or other office in the Norwich Guildhall Court 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 abolition of the Norwich Guildhall Court.

Transitional provisions

Transitional provisions were made by section 43(2) of, and Part III of Schedule 5 to the Courts Act 1971.

Public Records

Records of the Norwich Guildhall Court are public records within the meaning of the Public Records Act 1958.[5]

See also

References

  1. Also called Court of Guildhall or Sheriff's Court or Borough Court
  2. This is asserted by section 43(1) of the Courts Act 1971.
  3. Lewis, Samuel. A Topographical Dictionary of England. Fourth Edition. S Lewis & Co. Aldersgate Street, London. 1840. Volume 3. Page 395.
  4. Blyth, G K. The Norwich Guide and Directory. London: R Hastings. Norwich: Josiah Fletcher. 1842. Page 71.
  5. This is the effect of paragraph 4(1)(b) of Schedule 1 to the Public Records Act 1958, as read with paragraph 4(1B)(c) of that Schedule (as inserted by paragraph 6 of Schedule 2 to the Statute Law (Repeals) Act 2004).