Statute Law Repeals - Law Commission - Ministry of Justice

5.72 The York Judges’ House Act 1806 46 authorised the appointment of five
commissioners who were then empowered to acquire the necessary land and to
build or refurbish a house for use as the judges’ residence, the cost to be
defrayed from the public stock or the county rates (from across all three ridings).
Once built the house was to be held by the commissioners, who would be
responsible for ongoing repairs and maintenance, and made available to the
county high sheriff for the assize sessions.
5.73 In the event the commissioners did not construct a new building. Instead, in 1806,
they acquired an existing private house in York city centre, and used it as the
replacement judges’ lodgings. Today the building is a hotel with a name reflecting
its former use. The 1806 Act’s limited purpose has now expired and it can be
repealed.
Hatfield court of requests
5.74 The manor of Haitefield, in the west riding of the county, embraced at least four
market towns. 47 By 1839 concern had grown as to the number and size of small
debts which were going unpaid within this part of the county. Creditors were
either foregoing their claims or were expending disproportionate sums in seeking
recovery.
5.75 The Hatfield (Yorkshire) Small Debts Recovery Act 1839 48 was designed to
create a simpler and speedier method for securing repayment within the locality,
and to protect commercial credit. It established the Hatfield court of requests,
presided over by a judge appointed by the Lord Chancellor, the Lord Keeper or
the Lords Commissioners. The court was to be supported by an attorney as clerk
and a treasurer, together with bailiffs and other court officers. Its jurisdiction -
which was not to be exclusive - was limited to debt actions up to £15 in value (to
be tried by jury if over £5). Actions could not, however, be brought in respect of
title to land or of tithes, tolls, fairs, markets or franchises, or of wills or trusts.
5.76 The treasurer was empowered to borrow moneys on security, and to acquire the
necessary land and buildings for the court house (subject to the justices’
consent), and the clerk could meet the court’s running and maintenance costs by
a percentage levy on plaintiffs’ debt claims.
46 46 Geo.3 c.xxxi (1806).
47
Hatfield, Stainforth, Thorne and Armthorpe, together with various townships and parishes
lying to the north-east of Doncaster.
48 2 & 3 Vict. c.xcvii (1839).
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