Catalogue description WARRINGTON COUNTY COURT

This record is held by Cheshire Archives and Local Studies

Details of NAW
Reference: NAW
Title: WARRINGTON COUNTY COURT
Date: 1890 - 1979
Held by: Cheshire Archives and Local Studies, not available at The National Archives
Language: English
Creator:

Warrington County Court, Warrington, Cheshire

Physical description: 9 files
Access conditions:

Access to the records is closed for a period of 30 years from date of final entry, as specified in the Public Records Act, 1967.

Immediate source of acquisition:

Acc 5777

 

Records of County Courts are public records within the meaning of the Public Records Acts. The Lord Chancellor has ruled that those records selected for permanent preservation are appropriate for deposit in local record offices under Section 4(1) of the Public Records Act, 1958.

Selection and destruction information:

The Lord Chancellor's Department has laid down guidelines for Court Clerks to select those records which are deemed worthy of preservation.

 

They are as follows:

 

All records earlier than 1850

 

Workmen's Compensation registers (sample)

 

Workmen's Compensation Acts awards or agreements (sample)

 

Registers of Petitions and Receiving Orders in Bankruptcy

 

Files relating to Admiralty actions of special legal or other significance

 

Documents relating to Trust and equity proceedings of special legal or other significance

 

Ordinary and Default Summons Minute books (sample). In the Cheshire Record Office, this sample will cover every census year, whenever possible

 

Files of proceedings under specified Acts of special legal or other significance

 

Summons files of special interest

 

Judges' and Registrars' notebooks (sample one for each judge and registrar)

Subjects:
  • Cheshire
Administrative / biographical background:

Although County Courts have mediaeval origins, their present form and function were established by Act of Parliament in 1846 : An Act for the more easy Recovery of Small Debts and Demands in England, 9 & 10 Vic Cap XCV. The preamble to this Act recited that the "County Court is a Court of ancient Jurisdiction", but that "Proceedings in the County Court are dilatory and expensive". The object of the Act was to standardise and simplify the procedures of County Courts specifically for the purposes of the recovery of debts of not more than £20; proceedings were to be "determined in a summary way", without a jury. Although the specified sums of money involved have risen with inflation, the Court's main jurisdiction remains, essentially, concerned with cases involving relatively small sums.

 

The Act also divided the County into Districts, in each of which a County Court was to be held. In Cheshire there are now (1988) the following Districts : Chester, Crewe, Ellesmere Port, Macclesfield, Northwich, Runcorn, Warrington and Widnes.

 

Subsequent legislation added to the Courts' jurisdiction. In particular, the Workmen's Compensation Act, 1925 referred the determining of questions and settlement of compensation to the judges of County Courts; this function was largely removed by the National Insurance (Industrial Injuries) Act, 1946.

 

Some County Courts exercise admiralty and divorce jurisdiction; some also act as District Registries of the High Court.

Link to NRA Record:

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