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Mayor's and City of London Court

From Wikipedia, the free encyclopedia

The Court
A tablet by the entrance records the creation of the Court in 1921

The Mayor's and City of London Court is a sitting of the County Court in the City of London. It is located at Guildhall Buildings, Basinghall Street.

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Transcription

The City of London is a unique place -- it's the city in a city (in a country in a country) that runs its government with perhaps the most complicated elections in the world involving medieval guilds, modern corporations, mandatory titles and fancy hats, all of which are connected in this horrifying org chart. Why so complicated? Though the new Skyscrapers might make you think the City of London is relatively young, it's actually the oldest continuous government on the Island of Great Britain. The City of London predates the Empire that Victoria ruled, the Kingdoms Anne united and the Magna Carta that John, reluctantly, signed. While the London which surrounds the city only got to electing its first Mayor in 2000, the list of Mayors who've governed the City of London is almost 700 people long going back more than a thousand years. The City of London's government is so old there's no surviving record of when it was born -- there are only documents, like the Magna Carta, which mention the pre-existing powers the City of London already had at that time. While a government like the United States's officially gets its power from the people, and Parliament gets its power from the Crown, (which in turn gets it from God), the City of London gets its power from 'time immemorial' meaning that the City is so old, it just is. And that age brings with it unusual and complicated traditions, the most notable of these, perhaps, is that in city of London elections, companies get votes. Quite a lot actually, about 3/4th of the votes cast in City elections are from companies with the remaining 1/4th from residents. The way it works is that the bigger a company is the more votes it gets from the City of London. The companies then give their votes to select employees who work, but do not live, within the city and it's these employees who do the actual voting at election time. The result is that the Common Council, the bureaucratic beating heart of the City of London, has about 20 common councilors elected by residents of the city and about 80 elected by companies of the city. The reasoning behind this unusual tradition is that for every 1 person who lives in the City of London, 43 people commute in every day. In total that's 300,000 commuters using City services and whose employment depends on the City of London being business friendly. The man in charge of the common council and who heads The City's government is The Right Honorable, the Lord Mayor of London. Now, suppose *you* want to be Lord Mayor, Surely, just as in that other London all you'll need do is a) Be a British, Commonwealth, or EU citizen, who has b) lived in the city for a year, and who c) wins the election Right? No, in The City of London, that's not nearly enough. Ready for the qualifications list? Before you even run for Lord Mayor you need have been a Sheriff of The City of London. But before you can be Sheriff, you need to be an Aldermen. What's an Aldermen? Well, the City of London is divided into 25 wards, and each Ward elects one Aldermen to represent it on the Court of Aldermen -- a sub-section of the common council. Before you can run for Alderman, you need to gain Freeman Status... and who gives out freeman status? Why none other than the very Court of Aldermen you're trying to get elected to. Which might just seem like a conflict of interest. Luckily there is another way to get the freeman status -- join one of the City's Guilds -- sadly, they aren't called guilds, they're called Livery Companies (a name which is both more boring and less descriptive), but the remnants of medieval guilds many of them are and within the City there are 108 of them to choose from including, but not limited to, The Apothecaries The Fishmongers The Masons The Mercers The Scientific Instrument Makers The Bankers The Shipwrights The Wheelwrights The Butchers, The bakers, *Two* different candlestick makers, and the most exciting of all: The Chartered Accountants! Many of these guilds, like the Fletchers, have become charities, but some are still active, such as the Goldsmiths who test the quality of British coinage and the Hackney carriage drivers who license taxi drivers. To join one of these guilds you'll either need to meet the professional requirements, or for the charities like the Haberdashers you'll need the approval of two existing members, others won't tell you how to become a members. If, you meet none of the Livery Companies membership requirements, but you think you'll be a clever clogs and start your *own* Livery Company and grant *yourself* freeman status, tough luck because new Livery Companies need to be approved by, you guessed it, the Court of Aldermen. But let's assume one way or another you get the official freeman status certificate, now you can finally run for Aldermen of a Ward -- after the Lord Chancellor’s Advisory Committee also approves of you. But, that small barrier passed, you can win election as Aldermen in either one of the 4 wards where people live or the 21 wards where companies live. Once on the court of aldermen to continue your path to the Mayor's Office in Guildhall, you must now be elected as sheriff, but this time it's the members of the Livery Companies who pick the sheriffs. So *if* the Livery Company members elect you as Sheriff, *after* you have successfully completed your term *then* you can finally run for Mayor. But, surprisingly the, residents of the City of London don't vote for the Mayor, our old friends on the Court of Aldermen do. So in summary, once you get freeman status from either the court of aldermen or the livery companies and after your ward elected you as alderman and then the livery companies elect you as sheriff and after your term as sheriff ends but while you're still on the court of aldermen then you can run for Mayor. And -- assuming the other aldermen select you, finally take your place as **The Right Honorable, The Lord Mayor of London** -- for one year, with no salary. And you have to cover your own expenses, which will be quite considerable as your new job consists mostly of making hundreds of speeches a year around the world promoting city business. But you do get that fancy hat, which just might make it all worth while.

History

The current court is the successor to courts pre-dating the County Courts Act 1846 (9 & 10 Vict. c. 95),[1] which introduced the modern system of county courts. The 1846 act deliberately did not extend to the City of London, where the prior constituted courts continued to exercise jurisdiction:

Courts in the City of London[2]
Name Jurisdiction
City of London Court Known as the "Sheriff's Court" until 1852, before becoming the "City of London Small Debts Court".[3][4] Under the County Courts Act 1867,[5] it became known as the "City of London Court".[6] Until the passage of the Local Government Act 1888, its judge was elected by the Corporation of the City of London.[4] It had all the jurisdiction of a county court, but persons who merely had employment in the City were also subject to its jurisdiction.[7] It had exclusive jurisdiction over cases of replevin.
Mayor's Court A court of great antiquity, having the status of an inferior court of record.[6] Unlimited jurisdiction in contract, tort and ejectment, where the whole cause of action arose in the City; and jurisdiction up to £50 where part of the cause of action arose in the City, or where the defendant dwelt or carried on business there either then or within the previous six months.

The Palace Court also exercised jurisdiction within the City in certain cases before its abolition in 1849.[4][8]

Mayor's and City of London Court Act 1920
Act of Parliament
Long titleAn Act to amalgamate the City of London Court with the Mayor's Court of London and for purposes in connection therewith.
Citation10 & 11 Geo. 5. c. cxxxiv
Dates
Royal assent16 August 1920
Commencement1 January 1921
Other legislation
Repealed byCity of London (Courts) Act 1964
Status: Repealed
Text of statute as originally enacted

The two courts were combined with effect from 1 January 1921 by the Mayor's and City of London Court Act 1920.[9] High Court procedure was declared to apply to matters formerly dealt with by the Mayor's Court, while county court procedure applied to matters falling under the City of London Court.[2]

1971 reform

Under s. 42 of the Courts Act 1971, the old Mayor's and City of London Court was abolished, the City of London was made a county court district, and the new county court for the city of London was given the name of its predecessor.[10] It was the only county court not to contain "county" in its title.[11] The individual county courts have since been replaced by a single County Court for England and Wales.

See also

Further reading

  • Polden, Patrick (1999). "Appendix 1: The Mayor's and City of London Courts". A History of the County Court, 1846–1971. Cambridge University Press. pp. 322–325. ISBN 978-0-521-62232-5.

External links

References

  1. ^ The County Courts Act 1846, (9 & 10 Vict. c. 140)
  2. ^ a b Hibbert, W. Hembhard (1921). The Law of Procedure (2nd ed.). London: Sir Isaac Pitman & Sons, Limited. p. 6.
  3. ^ 15 & 16 Vict., c. lxxvii
  4. ^ a b c Polden 1999, p. 322.
  5. ^ County Courts Act 1867, 30 & 31 Vict., c. 142
  6. ^ a b Polden 1999, p. 323.
  7. ^ Kutner v Phillips, 64 LTR 628 (1891).
  8. ^ County Courts Act 1849, 12 & 13 Vict., c. 101
  9. ^ The Mayor's & City of London Court Act, 1920 (10 & 11 Geo. 5. c. cxxxiv)
  10. ^ "Courts Act 1971", legislation.gov.uk, The National Archives, 1971 c. 23
  11. ^ "The Civil Courts Order 1983", legislation.gov.uk, The National Archives, SI 1983/713

51°30′55″N 0°05′29″W / 51.5153°N 0.0915°W / 51.5153; -0.0915


This page was last edited on 17 February 2024, at 16:48
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