The Liverpool Court of Passage was, at the time of its abolition, a local court of record which actively exercised a civil jurisdiction comparable to or greater than that of the county court for the district in which it was situated.This is asserted by section 43(1) of the Courts Act 1971.
Constitution and name This court was granted by charters of Charles I and William III (Pat Rol, 2 Car 1, Part XV, No 8), granted 4 July 1626, 7 Will. 3, granted 26 September 1695. The name seems to be derived from the fact that the court was originally intended for causes arising out of the imports and exports passing through.Encyclopaedia Britannica, Vol 14, p 714 Up to 1853, all proceedings were entitled "in the borough court of Liverpool".Halsbury's Laws of England, First Edition, 1909, vol 9, p 173, footnote p.
Jurisdiction The Liverpool Court of Passage had jurisdiction in personal actions to any amount where the defendant or one of the defendants resided or carried on business within the jurisdiction of the court, or by leave of the judge or registrar, when the whole or part of the cause of action arose within such jurisdiction, provided that, except where the whole cause of action arose within the jurisdiction, no action under £20, in which the county court had jurisdiction, could be commenced in this court.Liverpool Court of Passage Act 1893 (56 & 57 Vict. c. 37), section 2. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote q. The court also had jurisdiction to try all actions of ejectment between landlord and tenant wherein the annual rent of the premises in question did not exceed £100, and where no fine was reserved or made payable.Liverpool Court of Passage Procedure Act 1853 (16 & 17 Vict. c. xxi), section 48. As to the admiralty jurisdiction of the Court of Passage, see Halsbury's Laws of England, First Edition, vol 1, title "Admiralty", p 140. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote r.Halsbury's Laws of England, First Edition, 1909, vol 9, pp 173 & 174, para 382
As to the jurisdiction of this court, see the Liverpool Corporation Act 1921 (11 & 12 Geo. 5. c. lxxiv).
Admiralty jurisdiction
In 1869 admiralty jurisdiction was conferred on the county court of Lancashire holden at Liverpool,By Order in Council of 14 January 1869, subsequently repealed and consolidated by the County Courts (Admiralty Jurisdiction) Order in Council 1899. Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, footnote r. and consequently the Court of Passage acquired admiralty jurisdiction to the like extent.County Courts (Admiralty Jurisdiction) Act 1868 (31 & 32 Vict. c. 71), section 25.Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, footnote s. The practice and procedure were regulated by the Rules of 1903, and were similar to those of the High Court.Halsbury's Laws of England, First Edition, 1909, vol 9, p 176, para 386
The Liverpool Court of Passage had an admiralty jurisdiction similar to and coterminus with that of the County Court of Lancashire at Liverpool.Halsbury's Laws of England, First Edition, 1907, vol 1, p 140, footnote s. An appeal lay from its decisions in admiralty and maritime causes to a divisional court of the Admiralty Division.County Courts (Admiralty Jurisdiction) Act 1868 (31 & 32 Vict. c. 71), section 26County Courts Admiralty Jurisdiction Amendment Act 1869 (32 & 33 Vict. c. 51), sections 2 and 6The Dowse (1870) LR 3 A & E 135The Ganges (1880) 5 PD 247.Halsbury's Laws of England, First Edition, 1907, vol 1, p 140, footnote t.Halsbury's Laws of England, First Edition, 1907, vol 1, p 140, para 321
As to the admiralty jurisdiction of this court, see sections 2 to 4 of the Administration of Justice 1956.
Legislation
The court was, in 1909, regulated by certain local acts,4 & 5 Will. 4. c. xcii; 6 & 7 Will. 4. c. cxxxv; 7 Will. 4. & 1 Vict. c. xcviii; 1 & 2 Vict. c. xcix; 5 & 6 Vict. c. lii; the Liverpool Court of Passage Procedure Act 1853 (16 & 17 Vict. c. xxi); the Liverpool Corporation Act 1880 (43 & 44 Vict. c. xxviii), section 4; and the Liverpool Improvement Act 1886 (49 & 50 Vict. c. lxxx), sections 29 and 30. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote t. and also by two public general acts, the (56 & 57 Vict. c. 37) and the (59 & 60 Vict. c. 21).Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote a.Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 382
The Short title given by section 3: Local and Personal Laws, 1853, p 2 (16 & 17 Vict. c. xxi) is sometimes called the Liverpool Court of Passage Amendment Act 1853.R v Mayor and Corporation of Liverpool (1887) 56 LT 314 at 315
The act 4 & 5 Will. 4. c. xcii is sometimes called the .Halsbury's Laws of England, 1st Ed, 1908, vol 2, pp xxxviii & 382 The act 6 & 7 Will. 4. c. cxxxv is sometimes called the .56 The Law Journal Reports 413 It is also known as the Liverpool Court of Requests Act 1836 as it also created a separate Liverpool Court of Requests to handle claims for small debts, presided over by a salaried barrister appointed by Liverpool Corporation.
The act 1 & 2 Vict. c. xcix is sometimes called the .Archibald and Vizard, The Practice at Judges Chambers, 2nd Ed, 1886, p 392
Judge A local act of Parliament, the Liverpool Court of Passage Act 1834 (4 & 5 Will. 4. c. xcii), provided for the appointment by the corporation of a barrister of seven years' standing. In 1893 the title of this judicial officer was changed to the "Presiding Judge of the Court of Passage",The Liverpool Court of Passage Act 1893 (56 & 57 Vict. c. 37), section 6. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote b. with the same power, jurisdiction, and authority in regard to causes in the Court of Passage (subject to rules of court) as was possessed by a judge of the High Court sitting in chambers or at nisi prius.Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 382
In case of the death, sickness, or unavoidable absence of the presiding judge, the recorder of Liverpool could act in lieu of him.4 & 5 Will. 4. c. xcii, section 2. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote c.Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 382
Rules and procedure The presiding judge had power, with the concurrence of the authority for the time being empowered to make rules for the Supreme Court, to adopt and apply to the Court of Passage any or all of the Rules of the Supreme Court, with such modifications, if any, as might be thought fit. Such rules were not to be invalid by reason of extending or otherwise affecting the jurisdiction of the Court of Passage.The Liverpool Court of Passage Act 1893 (56 & 57 Vict. c. 37), section 8. As to the power to make rules, see R v Liverpool Corporation (1887) 18 QBD 510. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote d. Rules were made and confirmed under this power in 1903 and 1909.The 1903 Rules were published by the corporation of Liverpool. For the 1909 Rules see WN, Pt II, p 123. Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, footnote e.Halsbury's Laws of England, First Edition, 1909, vol 9, p 174, para 383
These rules practically assimilated the procedure of the court to that of the King's Bench and Admiralty Divisions of the High Court,The following is a list of the Rules of the Supreme Court, reproduced in the Rules of the Liverpool Court of Passage: Ord 1, r 1; Ord 2, rr 1 to 3, 7 and 8; Ord 3, rr 1 to 4, 6 and 7; Ord 4, rr 1 and 2; Ord 5, rr 3, 10 to 13, 16 and 17; Ord 6, r 1; Ord 7, rr 1 and 3; Ord 8; Ord 9, rr 1 to 5 and 8 to 15; Ord 10; Ord 11 (adapted); Ord 12, rr 8 to 14, 17 to 22 and 24 to 30; Ord 13, rr 1 to 10 and 12 to 14; Ord 14; Ord 16, rr 1 to 9, 11 to 13, 16 to 31 and 48 to 55; Ord 17; Ord 18; Ord 18A; Ord 19; Ord 20, rr 1, 3, 4, 6 and 7; Ord 21, rr 1 to 7 and 9 to 21; Ord 22, rr 1 to 9, 11, 13 to 16 and 20 to 22; Ord 23; Ord 24; Ord 25, rr 1 to 4; Ord 26; Ord 27, rr 1 to 9 and 11 to 15; Ord 28; Ord 29, rr 1 to 8, 10 to 12 and 14 to 18; Ord 30; Ord 31; Ord 32; Ord 33, r 1; Ord 34, rr 1 to 7 and 9 to 12; Ord 35, r 8; Ord 36, rr 2, 4 to 8, 11 to 19, 22B, 28, 30 to 34, 36 to 40, 42, 43 and 56 to 58; Ord 37, rr 1 to 35; Ord 38, rr 1 to 19 and 21 to 24; Ord 39; Ord 40, rr 1 to 9; Ord 41, rr 1 and 3 to 10; Ord 42, rr 1, 2, 5 to 9, 11 to 24 and 26 to 34; Ord 43, rr 1 to 4 and 8 to 13; Ord 44; Ord 45; Ord 47; Ord 48; Ord 48A, rr 1 to 10; Ord 49, r 8; Ord 50, r 1 to 8, 11 and 12; Ord 51, rr 14 to 16; Ord 52, rr 1 to 11, 13, 14 and 23; Ord 53; Ord 54, rr 1 to 12, 20, 22 and 26 to 29; Ord 56; Ord 57, rr 1 to 13 and 15 to 17; Ord 59, r 3; Ord 61, rr 6, 7, 16 and 20; Ord 64; Ord 65, rr 1, 2, 5 to 7, 11, 13 to 17, 23 and 27 (in part); Ord 66, rr 1, 2, 4 and 7 (in part), 8 and 9; Ord 67, rr 1 to 7 and 9 to 14; Ord 70; Ord 71 (adapted); and Ord 72, r 2. Halsbury's Laws of England, First Edition, 1909, vol 9, pp 174 & 175, footnote f. except that summary judgment under Ord 14 could not be obtained against a defendant who was a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or any person engaged in manual labour.The Liverpool Court of Passage Rules 1909, Ord 14, rule 9. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote g. The rules also contained tables of court fees and of solicitors' costs, and a scale of allowances to witnesses.There were three scales of fees and costs: higher scale where the amount recovered exceeded £50; middle scale where in contract the amount recovered was not less than £20, and in tort than £10; lower scale where the amount recovered was less. The higher scale was based on the lower scale of the High Court, and the middle and lower on the county court scales, B and A. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote h.Halsbury's Laws of England, First Edition, 1909, vol 9, pp 174 & 175, para 383
The procedure of this court was amended by the Liverpool Court of Passage Act 1893 (56 & 57 Vict. c. 37) and the Liverpool Court of Passage Act 1896 (59 & 60 Vict. c. 21).
Removal of actions Actions or matters could be removed from the Court of Passage by writ of certiorari or otherwise, if the High Court or a judge thereof deemed it desirable, upon such terms as to payment of costs, giving security, or otherwise as the High Court or a judge thereof thought fit to impose.The Liverpool Court of Passage Act 1893 (56 & 57 Vict. c. 37), section 5. The defendant's common law right to remove an action by certiorari was not taken away (Edwards v Liverpool Corporation (1902) 86 LT 627). Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote i. There was a power to remit actions of tortThe Liverpool Court of Passage Act 1893 (56 & 57 Vict. c. 37), section 4. Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, footnote j. commenced in the High Court to the Court of Passage when the plaintiff had no visible means of paying the defendant's costs, and the plaintiff failed to give security for such costs, or to satisfy a judge of the High Court that his action was fit to be prosecuted in the High Court.Halsbury's Laws of England, First Edition, 1909, vol 9, p 175, para 384