Statute Law Repeals - Law Commission - Ministry of Justice

Kingston-upon-Thames court house
5.62 As in Croydon, so too in Kingston-upon-Thames. The old court house, by 1808,
had fallen into disrepair and was inadequate to house the county quarter
sessions or the assizes. The solution was to rebuild the court house and the
market house, utilising moneys derived from sale of various common and waste
lands. The Kingston-upon-Thames and Imworth Inclosure, Court House and
Market House Act 1808 38 authorised, amongst other things, the bailiffs and
freemen of Kingston-upon-Thames to sell off certain allotment lands and to use
the moneys realised to enlarge or replace the town hall and court house, and to
build a new market house with ancillary accommodation. If land became surplus
to requirements it could also be sold and the funds applied in similar manner
(with any residue held for parochial purposes). Likewise, if further parcels of land
were needed for the scheme they could be acquired.
5.63 The new guildhall building in Kingston was not completed and opened until 1840,
mainly through land sale difficulties. It housed the court room and council
chamber on the upper floor, with market accommodation below, and operated as
a municipal building until 1935. Today the building still exists (as the market
house) and houses the tourist information centre. The provisions in the 1808 Act
relating to the town hall and courts are now spent and may be repealed. 39
GROUP 17 - WORCESTERSHIRE
Kingsnorton court of requests
5.64 In 1840, in the parishes of Kingsnorton and Northfield in Worcestershire, creditors
were finding it uneconomic to institute proceedings for the recovery of small debts
because the cost of litigation outweighed the value of the return. The aim of the
Kingsnorton and Northfield Small Debts Recovery Act 1840 40 was to rectify this
issue by putting in place a less expensive recovery method. The Act established
a court of requests to sit in the two parishes on a regular basis, presided over by
a judge appointed by the Lord Chancellor, the Lord Keeper or the Lords
Commissioners. The court was to be supported by a clerk and a treasurer, and its
jurisdiction was to be limited to claims of up to £15 in value (with jury trial for
claims exceeding £5). The Act also set up mechanisms for enforcement of its
orders.
5.65 Concurrent jurisdiction was not removed (so that claimants could choose their
forum), the judge had the ability to order retrial in the event of error by a jury, and
the Westminster superior courts retained power in certain limited circumstances
to order review of the court’s proceedings.
38 48 Geo.3 c.cxxxiv (1808).
39 These provisions in the 1808 Act are sections 47 to 54 inclusive. The remaining portions of
the Act which deal with the enclosure and sale of common and waste lands in Kingstonupon-Thames
and Imbercourt in Surrey are not proposed for repeal because they fall
outside the scope of the present topic.
40 3 & 4 Vict. c.lxix (1840).
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