صور الصفحة
PDF
النشر الإلكتروني

here. Although its head quarters were attached to the duchy chamber, yet its jurisdiction was the county palatine, and not the duchy territory, and it can, therefore, be classed among "local" courts. The pleasantest record we have of this branch court is that appearing in sec. 14 of the statute, 16 Charles I. c. 10, by which it was enacted that the jurisdiction of the Star Chamber, as "now used and exercised" in "the court before the president and council established in the northern parts," and also "in the court, commonly called the Court of the Duchy of Lancaster, held before the chancellor and council of that court," and also "in the Court of Exchequer of the County Palatine of Chester, held before the chamberlain and council of that court," shall from the Ist August, 1641, be "repealed and absolutely revoked and made void."

The next group of superior courts are those of CHESHIRE, viz. :—

IV. The Court of Session for the County of Chester.—This was a superior court of record, and within the county its jurisdiction was as extensive as that of the courts at Westminster, and extended, not merely to causes of action arising within the county, but to all "personal" actions whatsoever, where the parties could be served with the process within the same, or made amenable by their effects. Its jurisdiction, beside including certain "criminal" matters, also extended to the setting aside of all "erroneous" judgments given in inferior courts in the county, and, moreover, exclusively extended to all "real" actions for land within the county. There were two judges of this court; one called the "chief justice," and the other, "the other justice;" their authority being equal, save that the chief justice managed the proceedings, and gave his opinion first. Judgment could not be given without the concurrence of the puisne judge, when present.

Both held their offices by patent from

[ocr errors]

the crown. Two sessions" or assizes" were held in the year-one in the spring and the other in the summer.*

V. The Court of Exchequer at Chester-was a court of "equity" for the county of Chester, in which all matters, arising within the jurisdiction cognizable by a court of equity, might be determined, where the defendant resided, or had lands or effects within it. It was a "mixed" court, and the "chamberlain," who was the judge of it, might also determine matters at the "common law," within the county. It had an exclusive jurisdiction, where the subject of the suit arose, and the defendant resided, within the county; and no appeal from its decisions could be made except to Parliament. The officers of the court were the chamberlain, vice-chamberlain, "baron," deputy "baron," seal-keeper, examiner, "bailiff-itinerant," filazer, messenger, crier, and the clerks in court.

The two above courts were, with the "great sessions in Wales, abolished by 11 George IV. and I William IV., c. 70, s. 14, which put an end to the Cheshire palatine privileges generally.

VI. The Court of Star Chamber at Chester-was attached to the last-mentioned Chester court, and was abolished by the Act (of Charles I.) already quoted from.

Courts of Request.

Courts of "request," or courts of "conscience," were of comparatively recent institution. There was indeed a court called the Court of Request, or the Court of White Hall, in former times, which was held before the Lord Privy Seal and

* It may be interesting to here record, from an unpublished MS. note, that in the year 1800 the following were the "commissioners for taking special bail” in this court: John Stonehewer, of Foden Bank, in Sutton, Esquire; Joseph Jackson, of Nantwich, Gent.; Joseph Clubbe, of Congleton, Gent.; Peter Halstead, of Grappenhall, Gent.; John Clarke, of Nether Knutsford, Gent.; and Wm. Booth, of Stockport, Gent.

the Masters of Requests, a court which was finally abolished by 16 Charles I., c. 10. The first comparatively modern court of request was established in London by 3 James I., c. 15; and this, having been found useful, gave rise to others in various parts of the country and at various times up to the passing of the first County Court Act (1847). The jurisdiction and manner of proceeding in each court of requests depended upon the words of the Act of Parliament by which it existed. They were tribunals (not of record) for the recovery of small debts, generally to the amount of forty shillings only, but often to the amount of £5; and their object was examination in a summary way, and without jury, by the oath of the parties, or other witnesses, and the making of such order therein as was consonant to equity and good conscience (7 and 8 Victoria, c. 96). The county courts have superseded them, as already stated.

The following are all those that I have found to have ever been established in the two counties in question:

I. That of the Town and Port of Liverpool-established by 25 George II., c. 43, entitled "An Act for the more easy and speedy Recovery of Small Debts in the Town and Port of Liverpoole and Liberties thereof, in the County Palatine of Lancaster"-by which were appointed commissioners (to hear and determine all such matters of debt and detinue as were therein mentioned) to constitute a court of justice, by the name of "The Court of Requests for the Borough and Corporation and Port of Liverpoole and the Liberties thereof."

2. That of the Poulton district-established by 10 George III., c. 21, by which commissioners were appointed to constitute a court of justice, for similar purposes, by the style of "The Court of Requests for the parishes of Poulton, Kirkham, Lytham, and Bispham, and townships of Preesall and Stalmine, in the County Palatine of Lancaster."

3. That of The Townships of Stockport, &c.-established by 46 George III., c. 114, for similar purposes, under the name of "The Court of Requests for the several townships of Stockport and Brinnington, and the several hamlets of Edgeley and Brinksway, in the County Palatine of Chester."

4. That of Manchester-established by 48 George III., c. 43, entitled "An Act for the more easy and speedy Recovery of Small Debts, within the Parish of Manchester, in the County Palatine of Lancaster;" by which were appointed commissioners (for the recovery of small debts, within the parish of Manchester, and the several townships, hamlets, and places situate within the same parish) to act as a court of justice, by the name of "The Court of Requests for the Parish of Manchester, in the County Palatine of Lancaster." (By sec. 14 of this Act the steward of the wapentake or hundred of Salford, and the lord or lady of the manor of Manchester, might appoint two clerks, two sergeants, and other necessary officers; and by sec. 62 are reserved "the rights of the Wapentake Court of Salford, or the court baron, or any other court belonging to the manor of Manchester, or any rights, &c., enjoyed with or belonging to the said wapentake or hundred of Salford and manor of Manchester).

5. That of Ashton-under-Lyne, &c.—similarly established by 48 George III., c. 98, under the name of "The Court of Requests for the Parish of Ashton-under-Lyne, in the said County Palatine of Lancaster, and the several Townships of Stayley, Hattersley, Matley, Newton, and Dukinfield, in the County Palatine of Chester."

The foregoing exhaust the list of ancient local courts, of civil jurisdiction. Those having criminal, or special, jurisdiction might form the subject of a second paper-ample materials for which are to be found in my collected notes.

THE DEVELOPMENT OF THE TURNPIKE SYSTEM IN LANCASHIRE AND CHESHIRE.

THE

BY WILLIAM HARRISON.

HE turnpike roads in the Lancashire and Cheshire district, and especially those in the south-eastern part of the former county, have played so important and necessary a part in building up the commerce of the district, that no apology is needed for an attempt to trace the steps taken in their formation, and mark the gradual progress of the system of turnpiking from its commencement until it reached its maturity. To enter into any exhaustive treatment of the subject would be impossible within the limits of this paper, and all that I propose to do is to exhibit in outline the extent to which the system has been from time to time in operation in the two counties. Much of this can be seen by reference to the accompanying map, in which I have endeavoured to indicate by means of different colours what roads were brought within the system during certain defined periods. It is perhaps necessary to explain at the outset that the date thus given in regard to any particular road is that at which it first became the subject of an Act of Parliament authorising the taking of tolls for the purpose of its repair and improvement. It may be that in some cases delay occurred in putting the Act into force, and that even when put into

« السابقةمتابعة »