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Legal Definitions - Exchequer Division
Definition of Exchequer Division
The Exchequer Division was a historical branch of the High Court of Justice in England, established in 1873. Its creation was part of a major reform of the English court system, which aimed to streamline and modernize judicial processes. This division was specifically responsible for handling the types of cases that had previously fallen under the jurisdiction of the ancient Court of Exchequer, primarily matters related to government revenue, taxation, and financial disputes involving the Crown. However, its existence as a separate entity was relatively short-lived, as it was merged into the Queen's Bench Division in 1881, becoming part of that larger court.
- Example 1: Imagine a scenario in 1875 where a large shipping company in London was accused by the British government of underpaying import duties on a significant cargo of goods. This dispute, involving the collection of state revenue, would have been heard by the Exchequer Division.
Explanation: This illustrates the division's role in adjudicating financial matters directly concerning the Crown's income, which was a core function inherited from the old Court of Exchequer. - Example 2: Consider a case from 1879 where the government sought to recover a substantial loan it had provided to a railway construction company that subsequently defaulted. The legal proceedings to compel repayment would have been initiated and heard within the Exchequer Division.
Explanation: This demonstrates the division's responsibility for handling cases where the Crown was seeking to recover debts or enforce financial obligations owed to the state. - Example 3: Suppose in 1880, a local authority challenged a decision by the Treasury regarding the allocation of certain public funds or a specific tax assessment. Such a dispute, involving the financial administration of the government, would have fallen under the purview of the Exchequer Division.
Explanation: This highlights its role in overseeing aspects of public finance and resolving disagreements related to government financial decisions, reflecting its specialized jurisdiction.
Simple Definition
The Exchequer Division was a historical division of the English High Court of Justice, established by the Judicature Act of 1873. It was specifically assigned the business of the former Court of Exchequer before being merged into the Queen's Bench Division in 1881.