Durham (County Palatine) Act 1836
Encyclopedia
The Durham Act 1836 (6 & 7 Will 4 c 19) was an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

 of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

. Doubts about the construction of this Act led to the enactment of the Durham County Palatine Act 1858
Durham County Palatine Act 1858
The Durham County Palatine Act 1858 is an Act of the Parliament of the United Kingdom.-Preamble:The preamble was repealed by section 9 of, and Part I of the to, the Crown Estate Act 1961....

.

Repeal

In a report dated 28 October 1975, the Law Commission
Law Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...

 and the Scottish Law Commission
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...

 said that the unrepealed residue of this Act was spent because of the abolition of the Court of Chancery of the County Palatine of Durham and Sadberge
Court of Chancery of the County Palatine of Durham and Sadberge
The Court of Chancery of the County Palatine of Durham and Sadberge was a court of chancery that exercised jurisdiction within the County Palatine of Durham.-Relevant legislation:...

. They recommended that the whole Act be repealed. The Act was repealed by Part I of Schedule 1 to the Statute Law (Repeals) Act 1976.

Section 1 - The Palatine Jurisdiction of the Bishop of Durham to be separated from the Bishopric and vested in the Crown

The words from "and all forfeitures" to "in right of the same" in this section were repealed by section 9(2) of, and Part I of the Third Schedule to, the Crown Estate Act 1961.

The proviso to this section was repealed by section 56 of, and Schedule 11 to, the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....

. The repeal was consequential on the abolition of the Court of Chancery of the County Palatine of Durham and Sadberge
Court of Chancery of the County Palatine of Durham and Sadberge
The Court of Chancery of the County Palatine of Durham and Sadberge was a court of chancery that exercised jurisdiction within the County Palatine of Durham.-Relevant legislation:...

 by section 41 of that Act.

Section 2 - County Court to cease

This section abolished the Court of the County of Durham
Court of the County of Durham
The Court of the County of Durham was a court that exercised jurisdiction within the County Palatine of Durham. It was abolished, subject to certain savings, on the 5 July 1836.-Abolition:Section 2 of the Durham Act 1836 provided:...

 and the office of the clerk of that court.

Section 7 - Extent of the words "County of Durham"

This section enacted:
This definition is referred to in section 1 of the Durham County Palatine Act 1858
Durham County Palatine Act 1858
The Durham County Palatine Act 1858 is an Act of the Parliament of the United Kingdom.-Preamble:The preamble was repealed by section 9 of, and Part I of the to, the Crown Estate Act 1961....

.

Section 9 - Reservation of rights to the Bishopric

This section was repealed by section 9(2) of, and Part I of the Third Schedule to, the Crown Estate Act 1961.

External links

The Durham (County Palatine) Act 1836, from Google Books.
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