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The Chancery came to prominence after the decline of the Exchequer, dealing with the law of equity, something more fluid and adaptable than the common law.The early Court of Chancery dealt with verbal contracts, matters of land law and matters of trusts, and had a very liberal view when setting aside complaints; poverty, for example, was an acceptable reason to cancel a contract or obligation. [9]
A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century, a clash developed between these courts, representing the crown's authority, and common law courts .
The Exchequer's fees were also higher than those of the Court of Chancery, and with both courts now using almost identical precedent it was seen as unnecessary to maintain two equitable courts. [22] As a result, the Administration of Justice Act 1841 formally dissolved the equitable jurisdiction of the court. [23]
The Royal Commission on the Inns of Court was established in 1854. [7] Its remit included both the Inns of Court and the Inns of Chancery and its stated terms were to: "inquire into the arrangements of the Inns of Court, for promoting the study of Law and Jurisprudence, the revenues properly applicable to that purpose, and the means most likely to secure a systematic and sound education of ...
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and ...
Uses were a matter of good conscience, it was the Court of Chancery, however, it was suited to pick up the mantle of enforcing the cestui que use's moral right, creating the modern trust in the process. It is impossible to date the exact time at which the Chancery began enforcing uses, "but it was well established by the 1420s". [12]
Over the following decades there was much debate leading to legislation including the Improvement of the Jurisdiction of Equity Act 1852 which allowed Chancery judges to decide questions of fact rather than remitting them to the common law courts. However, by 1862, Chancery judges were still reluctant to make use of these powers so the MP Sir ...
(C) "Orders revived, and established in the Court of Chancery, at Durham, in open Court" were General Orders dated 29 August 1676 (28 Car 2) and signed by Jo Otway. (D) "Orders relating to the Practice not, or but few of them, in the preceding Tables, but ordered by the Court to be observed" were General Orders dated 22 October 1684 (36 Car 2 ...