Liverpool Court of Passage

The Liverpool Court of Passage 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.[1]

Constitution and name

This court was granted by charters of Charles I and William III (Pat Rol, 2 Car 1, Part XV, No 8), granted 4 July 1626, 7 Will 3, granted 26 September 1695. The name seems to be derived from the fact that the court was originally intended for causes arising out of the imports and exports passing through (Encyclopaedia Britannica, Vol 14, p 714). Up to 1853, all proceedings were entitled "in the borough court of Liverpool".[2]

Jurisdiction

The Liverpool Court of Passage had jurisdiction in personal actions to any amount where the defendant or one of the defendants resided or carried on business within the jurisdiction of the court, or by leave of the judge or registrar, when the whole or part of the cause of action arose within such jurisdiction, provided that, except where the whole cause of action arose within the jurisdiction, no action under £20, in which the county court had jurisdiction, could be commenced in this court.[3] The court also had jurisdiction to try all actions of ejectment between landlord and tenant wherein the annual rent of the premises in question did not exceed £100, and where no fine was reserved or made payable.[4][5]

As to the jurisdiction of this court, see the Liverpool Corporation Act 1921 (11 & 12 Geo. 5. c. lxxiv.).

Admiralty jurisdiction

In 1869 Admiralty jurisdiction was conferred on the county court of Lancashire holden at Liverpool,[6] and consequently the Court of Passage acquired Admiralty jurisdiction to the like extent.[7] The practice and procedure were regulated by the Rules of 1903, and were similar to those of the High Court.[8]

The Liverpool Court of Passage had an Admiralty jurisdiction similar to and coterminus with that of the County Court of Lancashire at Liverpool.[9] An appeal lay from its decisions in Admiralty and maritime causes to a Divisional Court of the Admiralty Division.[10][11]

As to the Admiralty jurisdiction of this court, see sections 2 to 4 of the Administration of Justice 1956.

Legislation

The court was, in 1909, regulated by certain local and personal Acts,[12] and also by two public general Acts.[13][14]

The Liverpool Court of Passage Procedure Act 1853[15] (16 & 17 Vict. c. xxi) is sometimes called the Liverpool Court of Passage Amendment Act 1853.[16] The Act 4 & 5 Will. 4, c. xcii is sometimes called the Liverpool Court of Passage Act 1834.[17] The Act 6 & 7 Will. 4, c. cxxxv is sometimes called the Liverpool Court of Passage Act 1836[18] The Act 1 & 2 Vict. c. xcix is sometimes called the Liverpool Court of Passage Act 1838.[19]

Judge

The local Act of 1834 provided for the appointment by the corporation of a barrister of seven years' standing. In 1893 the title of this judicial officer was changed to the "Presiding Judge of the Court of Passage",[20] with the same power, jurisdiction, and authority in regard to causes in the Court of Passage (subject to rules of court) as was possessed by a judge of the High Court sitting in chambers or at nisi prius.[21]

In case of the death, sickness, or unavoidable absence of the presiding judge, the recorder of Liverpool could act in lieu of him.[22][23]

Rules and procedure

The presiding judge had power, with the concurrence of the authority for the time being empowered to make rules for the Supreme Court, to adopt and apply to the Court of Passage any or all of the Rules of the Supreme Court, with such modifications, if any, as might be thought fit. Such rules were not to be invalid by reason of extending or otherwise affecting the jurisdiction of the Court of Passage.[24] Rules were made and confirmed under this power in 1903 and 1909.[25][26]

These rules practically assimilated the procedure of the court to that of the King's Bench and Admiralty Divisions of the High Court,[27] except that summary judgment under Ord 14 could not be obtained against a defendant who was a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or any person engaged in manual labour.[28] The rules also contained tables of court fees and of solicitors' costs, and a scale of allowances to witnesses.[29][30]

The procedure of this court was amended by the Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37) and the Liverpool Court of Passage Act 1896 (59 & 60 Vict c 21).

Removal of actions

Actions or matters could be removed from the Court of Passage by writ of certiorari or otherwise, if the High Court or a judge thereof deemed it desirable, upon such terms as to payment of costs, giving security, or otherwise as the High Court or a judge thereof thought fit to impose.[31] There was a power to remit actions of tort[32] commenced in the High Court to the Court of Passage when the plaintiff had no visible means of paying the defendant's costs, and the plaintiff failed to give security for such costs, or to satisfy a judge of the High Court that his action was fit to be prosecuted in the High Court.[33]

Actions of contract commenced in the High Court where the amount in dispute did not exceed £100 could be remitted to the Court of Passage in a similar manner as it might have been remitted to the county court.[34] Actions of contract commenced in the Court of Passage where the amount in dispute was less than £10 could be similarly transferred to the county court.[35] An appeal upon any issue tried in the Court of Passage was allowed under the same circumstances and rules as in the case of a trial at nisi prius.[36][37]

Officers

There was a registrar and a deputy registrar of the court, who had to be either practising barristers or practising solicitors of five years' standing. They were appointed by, and held their office during the pleasure of, the city council.[38] They had the powers (subject to rules of court) of a registrar, district registrar, master, taxing officer, and associate of the High Court.[39] There was an appeal from all orders, decisions and directions of the registrar and the presiding judge.[40][41]

The officer of the court was the Sergeant-at-mace.[42][43]

Statistics

This court was still in full operation in 1909.[44] 3325 plaints were issued in 1905, of which 119 came on for trial.[45]

Abolition

The Liverpool Court of Passage was abolished by section 43(1)(b) of the Courts Act 1971.

Offices

Any judicial or other office in the Liverpool Court of Passage 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 Liverpool Court of Passage.

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 Liverpool Court of Passage are public records within the meaning of the Public Records Act 1958.[46]

See also

References
  • Halsbury's Laws of England, First Edition, Butterworth & Co, London, (Agents for Canada: Canada Law Book Company, Toronto), 1909, Volume 9, paragraphs 382 to 386, at pages 173 to 176. See also pages 129 and 136 for a discussion of the general characteristics of borough and local courts of record.
  • Renton and Robertson (eds). "Passage Court of Liverpool". Encyclopædia of the Laws of England. Second Edition. 1908. Volume 10. Pages 565 to 566. First Edition. 1898. Volume 9. Pages 494 and 496.
  • "Liverpool Court of Passage". The English and Empire Digest. Butterworth & Co. 1923. Volume 16. Pages 199 and 200.
  • Walter Peel. The Jurisdiction and Practice of the Court of Passage of the City of Liverpool. Henry Young and Sons. Liverpool. 1909. Revised Edition. 1934.
  • J H Layton. The Court of Passage of the City of Liverpool. Liverpool Central Stationery and Print Co. 1904.
  • Charles Russell. The Practice of the Court of Passage of the Borough of Liverpool. Rockliff Bros. Liverpool. 1862.
  • Vick and Shoolbred. "Liverpool Court of Passage". The Administration of Civil Justice in England and Wales. Pergamon Press. 1968. Pages 153 and 154.
  • Walter Peel, "The Liverpool Court of Passage" (1918) 70 Transactions of the Historic Society of Lancashire and Cheshire 43
  • "Liverpool Court of Passage". Guide to Government Orders as at 31st December, 1960. HMSO. 1961. p 538.
  1. This is asserted by section 43(1) of the Courts Act 1971.
  2. Halsbury's Laws of England, First Edition, 1909, vol 9, p 173, footnote p.
  3. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 2. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote q.
  4. The Liverpool Court of Passage Procedure Act 1853 (16 Vict c. xxi), section 48. As to the admiralty jurisdiction of the Court of Passage, see Halsbury's Laws of England, First Edition, vol 1, title "Admiralty", p 140. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote r.
  5. Halsbury's Laws of England, First Edition, 1909, vol 9, pp 173 & 174, para 382
  6. By Order in Council of 14 January 1869, subsequently repealed and consolidated by the County Courts (Admiralty Jurisdiction) Order in Council 1899. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, footnote r.
  7. The County Courts (Admiralty Jurisdiction) Act 1868 (31 & 32 Vict c 71), section 25. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, footnote s.
  8. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, para 386
  9. The County Courts (Admiralty Jurisdiction) Act 1868 (31 & 32 Vict c 71), section 25. Halsbury's Laws of England, First Edition, 1907, vol 1, p 140, footnote s.
  10. The County Courts (Admiralty Jurisdiction) Act 1868 (31 & 32 Vict c 71), section 26; the County Courts Admiralty Jurisdiction Amendment Act 1869 (32 & 33 Vict c 51), sections 2 and 6; The Dowse (1870) LR 3 A & E 135; The Ganges (1880) 5 PD 247. In The Emilie Marron [1905] 2 KB 817, it would seem that the appeal was treated as coming from the common law side of the Court of Passage and taken direct to the Court of Appeal, the question of the jurisdiction not having been raised or argued. Halsbury's Laws of England, First Edition, 1907, vol 1, p 140, footnote t.
  11. Halsbury's Laws of England, First Edition, 1907, vol 1, p 140, para 321
  12. 4 & 5 Will 4 c. xcii; 6 & 7 Will 4 c. cxxxv; 7 Will 4 & 1 Vict c. xcviii; 1 & 2 Vict c. xcix; 5 & 6 Vict c. lii; the Liverpool Court of Passage Procedure Act 1853 (16 Vict c. xxi); the Liverpool Corporation Act 1880 (43 & 44 Vict c. xxviii), section 4; and the Liverpool Improvement Act 1886 (49 & 50 Vict c. lxxx), sections 29 and 30. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote t.
  13. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37) and the Liverpool Court of Passage Act 1896 (59 & 60 Vict c 21). Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote a.
  14. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 382
  15. Short title given by section 3: Local and Personal Laws, 1853, p 2
  16. R v Mayor and Corporation of Liverpool (1887) 56 LT 314 at 315
  17. Halsbury's Laws of England, 1st Ed, 1908, vol 2, pp xxxviii & 382
  18. 56 The Law Journal Reports 413
  19. Archibald and Vizard, The Practice at Judges Chambers, 2nd Ed, 1886, p 392
  20. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 6. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote b.
  21. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 382
  22. 4 & 5 Will 4 c. xcii, section 2. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote c.
  23. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 382
  24. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 8. As to the power to make rules, see R v Liverpool Corporation (1887) 18 QBD 510. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote d.
  25. The 1903 Rules were published by the corporation of Liverpool. For the 1909 Rules see [1909] WN, Pt II, p 123. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote e.
  26. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 383
  27. The following is a list of the Rules of the Supreme Court, reproduced in the Rules of the Liverpool Court of Passage: Ord 1, r 1; Ord 2, rr 1 to 3, 7 and 8; Ord 3, rr 1 to 4, 6 and 7; Ord 4, rr 1 and 2; Ord 5, rr 3, 10 to 13, 16 and 17; Ord 6, r 1; Ord 7, rr 1 and 3; Ord 8; Ord 9, rr 1 to 5 and 8 to 15; Ord 10; Ord 11 (adapted); Ord 12, rr 8 to 14, 17 to 22 and 24 to 30; Ord 13, rr 1 to 10 and 12 to 14; Ord 14; Ord 16, rr 1 to 9, 11 to 13, 16 to 31 and 48 to 55; Ord 17; Ord 18; Ord 18A; Ord 19; Ord 20, rr 1, 3, 4, 6 and 7; Ord 21, rr 1 to 7 and 9 to 21; Ord 22, rr 1 to 9, 11, 13 to 16 and 20 to 22; Ord 23; Ord 24; Ord 25, rr 1 to 4; Ord 26; Ord 27, rr 1 to 9 and 11 to 15; Ord 28; Ord 29, rr 1 to 8, 10 to 12 and 14 to 18; Ord 30; Ord 31; Ord 32; Ord 33, r 1; Ord 34, rr 1 to 7 and 9 to 12; Ord 35, r 8; Ord 36, rr 2, 4 to 8, 11 to 19, 22B, 28, 30 to 34, 36 to 40, 42, 43 and 56 to 58; Ord 37, rr 1 to 35; Ord 38, rr 1 to 19 and 21 to 24; Ord 39; Ord 40, rr 1 to 9; Ord 41, rr 1 and 3 to 10; Ord 42, rr 1, 2, 5 to 9, 11 to 24 and 26 to 34; Ord 43, rr 1 to 4 and 8 to 13; Ord 44; Ord 45; Ord 47; Ord 48; Ord 48A, rr 1 to 10; Ord 49, r 8; Ord 50, r 1 to 8, 11 and 12; Ord 51, rr 14 to 16; Ord 52, rr 1 to 11, 13, 14 and 23; Ord 53; Ord 54, rr 1 to 12, 20, 22 and 26 to 29; Ord 56; Ord 57, rr 1 to 13 and 15 to 17; Ord 59, r 3; Ord 61, rr 6, 7, 16 and 20; Ord 64; Ord 65, rr 1, 2, 5 to 7, 11, 13 to 17, 23 and 27 (in part); Ord 66, rr 1, 2, 4 and 7 (in part), 8 and 9; Ord 67, rr 1 to 7 and 9 to 14; Ord 70; Ord 71 (adapted); and Ord 72, r 2. Halsbury's Laws of England, First Edition, 1909, vol 9, pp 174 & 175, footnote f.
  28. The Liverpool Court of Passage Rules 1909, Ord 14, rule 9. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote g.
  29. There were three scales of fees and costs: higher scale where the amount recovered exceeded £50; middle scale where in contract the amount recovered was not less than £20, and in tort than £10; lower scale where the amount recovered was less. The higher scale was based on the lower scale of the High Court, and the middle and lower on the county court scales, B and A. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote h.
  30. Halsbury's Laws of England, First Edition, 1909, vol 9, pp 174 & 175, para 383
  31. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 5. The defendant's common law right to remove an action by certiorari was not taken away (Edwards v Liverpool Corporation (1902) 86 LT 627). Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote i.
  32. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 4. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote j.
  33. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, para 384
  34. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 3; see also Halsbury's Laws of England, First Edition, vol 8, title "County courts", p 438. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote k.
  35. The Liverpool Court of Passage Act 1896 (59 & 60 Vict c 21), section 4. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote l.
  36. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 10. An application lay to the Court of Appeal for a new trial of an interpleader issue or any other issue under this section (Coates v Moore [1903] 2 KB 140, CA). The judge of the Court of Passage could give leave to appeal in any case in which a judge at chambers had power to do so (Hunter v Jacobsen (1899) 80 LT 641, CA). An appeal on an application for a new trial was to the Court of Appeal (Anderson v Dean [1894] 2 QB 222, CA. As to procedure in appeal, see Bridge v Daine (1873) 29 LT 477. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote m.
  37. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, para 384
  38. The Liverpool Improvement Act 1886 (49 & 50 Vict c. lxxx), section 29. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, footnote n.
  39. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 7. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, footnote o.
  40. The Liverpool Court of Passage Act 1893 (56 & 57 Vict c 37), section 9. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, footnote p.
  41. Halsbury's Laws of England, First Edition, 1909, vol 9, pp 175 & 176, para 385
  42. See Appendix to the Report of the Municipal Corporations Commissioners, 1835, Part 4, pp 2689 to 2713. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, footnote q.
  43. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, para 385
  44. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 382
  45. Civil Judicial Statistics, 1905, Parliamentary Paper, 1907 [C 3477], p 164. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote s.
  46. This is the effect of paragraph 4(1)(b) of Schedule 1 to the Public Records Act 1958, as read with paragraph 4(1B)(b) of that Schedule (as inserted by paragraph 6 of Schedule 2 to the Statute Law (Repeals) Act 2004).
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