Act of the Covent Garden Court of Precinct Mote to elect Precinct Officers
Short Title: Precinct Officer Act 2020
WHEREAS:- (1) From time immemorial there have existed and still exist in the City of London Courts of Precinct Mote, and that these Courts have made, passed, ordained and established divers Ordinances, Rules, Orders and Regulations for the regulation and good government of their respective areas of jurisdiction as to them from time to time has been found necessary and expedient, it is desirable to make regulations for Covent Garden Precinct BE IT THEREFORE and IT IS HEREBY ENACTED ORDAINED AND ESTABLISHED by the Inhabitants of the Precinct of Covent Garden in Precinct Mote Assembled, and the authority of the same, AS FOLLOWS:
That this Precinct shall elect a Beadle, who shall officiate as the cryer or messenger of this court, and which office is of a freehold nature, determinable at the end of the year, or at any time by removal for any misconduct; but it is not actually determined, until there is a formal removal, or a successor is appointed and sworn, with the following DECLARATION OF THE BEADLE who shall declare “I do solemnly and sincerely affirm that I shall well and honestly keep the precinct that I be beadle for; and all things to my office belonging, I shall well and lawfully keep. So help me God.”AND FURTHERMORE
that this precinct shall elect a Precinct Clerk, and which office is of a freehold nature, determinable at the end of the year, or at any time by removal for any misconduct; but it is not actually determined, until there is a formal removal, or a successor is appointed and sworn, with the following DECLARATION OF THE PRECINCT CLERK who shall declare “I do solemnly and sincerely affirm that I will be a good and true Clerk of this Precinct Court; and that I shall exercise and execute the same office with all my skill, diligence and power. So help me God” and furthermore whose job description shall be to carry out communications with the inhabitants, and inform them of meetings of the Precinct, and to publish the resolutions and bye-laws of the court on the Precinct’s website, to draw up the court record, and minutes of the Precinct Motes and Precinct Council Meetings, such as they may be from time to time, to attend the meetings of said precinct, and to keep copies of all acts of said precinct, and papers relating to it, and give these out when requested to inhabitants of the precinct and others who may have a right to access to this information under the Freedom of Information Act.
Enacted 17 April 2020
Headborough Act 2020
WHEREAS:- (1) From time immemorial there have existed and still exist in the City of London Courts of Precinct Mote, and that these Courts have made, passed, ordained and established divers Ordinances, Rules, Orders and Regulations for the regulation and good government of their respective areas of jurisdiction as to them from time to time has been found necessary and expedient, it is desirable to make regulations for Covent Garden Precinct BE IT THEREFORE and IT IS HEREBY ENACTED ORDAINED AND ESTABLISHED by the Inhabitants of the Precinct of Covent Garden in Precinct Mote Assembled, and the authority of the same, AS FOLLOWS:
That this Precinct shall elect a Headborough, who shall be the Precinct Chairman, and have the full powers of a borsholder, headborough or tythingman, and which office is of a freehold nature, determinable at the end of the year, or at any time by removal for any misconduct; but it is not actually determined, until there is a formal removal, or a successor is appointed and sworn (c.f. The Office of Constable. Willcock. 1840 pg 22) and said headborough shall be the chief executive officer of the Precinct, with due note taken of 5 and 6 Victoria c 109, which Act of Parliament states that “No petty constable, head-borough, borsholder, tithing man, or peace officer of the like description, shall be appointed for any parish, township, or vill, within the limits of that act at any court leet or tourn, except for the performance of duties unconnected with the preservation of the peace and with the execution of that act.” This act does not apply in the City of London, and further note taken from John Comyn's 'Digest of the Laws of England', Vol 4. 1793 pg.694 , which is authoritative, stating “A borholder, headborough, or borough-head, tithingman, trithingman, or the chief pledge, has the same authority in many cases as the petit constable.” and further note to be taken of The Constables Protection Act 1750 .c. 44 (Regnal. 24_Geo_2) and furthermore the headborough shall be sworn before the court as follows "I do solemnly and sincerely affirm that I shall well and truly serve the Office of Headborough for the Precinct of Covent Garden in the City of London, until another be chosen in in my room, or until I shall be legally discharged thereof: Her Majesty's Peace in my own Person I shall keep, and see it kept in all others, as much as lies in me to do so, and do all other things belonging to my Office, according to my knowledge and Power. So help me God." and be it further acknowledged that a headborough once elected gains a settlement as a tithingman, even though he is not sworn in c.f. King v Corfe Mullen 1 Barn. & Adol.211.
Enacted 17 April 2020
Act of the Covent Garden of Precinct Mote to create Precinct Councillors
Short Title: Precinct Council Act 2020
WHEREAS:- (1) From time immemorial there have existed and still exist in the City of London Courts of Precinct Mote, and that these Courts have made, passed, ordained and established divers Ordinances, Rules, Orders and Regulations for the regulation and good government of their respective areas of jurisdiction as to them from time to time has been found necessary and expedient, it is desirable to make regulations for Covent Garden Precinct BE IT THEREFORE and IT IS HEREBY ENACTED ORDAINED AND ESTABLISHED by the Inhabitants of the Precinct of Covent Garden in Precinct Mote Assembled, and the authority of the same, AS FOLLOWS:
That the Committee of Watch and Ward of said Precinct is to be composed of the Headborough ex officio and four persons to be co-opted by the Headborough, to serve as the Trustees of the Precinct for such time as they remain in office, their appointment to be confirmed or otherwise at a subsequent Precinct Meeting, where an election for said Trustees shall be held should the number of nominees exceed the number of positions, and that this Committee is further to be known as the Precinct Council and the members of this committee may use the title ‘Precinct Councillor” and/or “Precinct Councilman” and/or “Precinct Councilwoman” as occasion demands; their term is to be annual and they are to be non party political, their office is of a freehold nature, determinable at the end of the year, or at any time by removal for any misconduct; but it is not actually determined, until there is a formal removal, or a successor is appointed.
Role of Precinct Councillor:
Responsible to: The Headborough, who is the Executive Officer of the Precinct. Regular liaison with other Precinct Councillors, Common Councilmen, City officials, and residents. Period of service: annual. Salary: This is a voluntary position.
MAIN PURPOSE: To advise and give counsel to the Headborough in his capacity as Executive Officer of the Precinct; to act as Trustees of the Precinct for such time they remain in office, and additionally to carry out the common law responsibilities of the Precinct Council.
SECONDARY PURPOSES: a.) Working to identify issues which are important to the residents of the Precinct. b). Working to bring about improvements through local projects, lobbying other service providers and working in partnership with other agencies, to advance the Precinct and improve the lives of the residents of the Precinct.
Enacted 17 April 2020
Act of the Covent Garden Court of Precinct Mote to Recognise the Three Score Club
Short Title: Three Score Club Act 2020
WHEREAS:- (1) From time immemorial there have existed and still exist in the City of London Courts of Precinct Mote, and that these Courts have made, passed, ordained and established divers Ordinances, Rules, Orders and Regulations for the regulation and good government of their respective areas of jurisdiction as to them from time to time has been found necessary and expedient, it is desirable to make regulations for Covent Garden Precinct BE IT THEREFORE and IT IS HEREBY ENACTED ORDAINED AND ESTABLISHED by the Inhabitants of the Precinct of Covent Garden in Precinct Mote Assembled, and the authority of the same, AS FOLLOWS:
That the Covent Garden Precinct recognises the Three Score Club as a valid and legal entity operating within the precinct for the benefit of the elderly. The Trustees of the Covent Garden Court of Precinct Mote for the time being are hereby authorised to apply for and collect monies to to be held in trust for said Three Score Club and furthermore the said Three Score Club is authorised to apply to the Covent Garden Precinct Clerk, which Clerk is hereby authorised to grant such permission to issue public notices and handbills notifying residents of events and meetings of said Three Score Club, under the logo or sigil of the Covent Garden Precinct to be issued in the name of the said Precinct Clerk.
Enacted 17 April 2020
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Administration of Justice Act 1977
(1)The following courts, namely—
(a)any court of a description specified in Part I of Schedule 4 to this Act except—
(i)the Estray Court for the Lordship of Denbigh, and
(ii)the court leet for the Manor of Laxton, and
(b)the courts specified in Part II of that Schedule,
being the courts which appear to the Lord Chancellor to have, but not to exercise, jurisdiction to hear and determine legal proceedings, shall cease to have any jurisdiction to hear and determine legal proceedings; but any such court may continue to sit and transact such other business, if any, as was customary for it immediately before the coming into force of this section, and in the case of the courts specified in Part III of Schedule 4 to this Act the business that is to be treated as having been customary shall (apart from business relating to the appointment of officers of the court) be the business specified in relation to that court in column 2 of that Part.
The only courts of the City of London specifically mentioned in the Act are the Court of Husting and the Sheriffs’ Courts for the Poultry Compter and the Giltspur Street Compter.
It explains how the Court process your data when exercising judicial functions in court or tribunal proceedings i.e., acting in a judicial capacity.
It applies to the exercise of judicial functions in the courts and tribunals for which the Court of Aldermen are responsible, for instance,
Personal data is any information about a living individual that can be used to identify them, for instance, name, address, date of birth, email address, qualifications.
It may also include what are known as special categories of personal data. This is information concerning an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, Trade Union membership, genetic or biometric data, health data, or data concerning their sex life or sexual orientation.
When we refer to processing we mean any activity the judiciary, while exercising a judicial function, perform on or with your personal data such as collection, storage, adaptation, destruction, or other use. This includes, but is not limited to, taking notes during court or tribunal hearings, drafting and having published judgments or orders.
The judiciary process your data consistently with data protection law. This is set out in the General Data Protection Regulation, the Legal Enforcement Directive and the Data Protection Act 2018.
The judiciary process your data in court and tribunal proceedings to carry out their constitutional function of doing justice according to law. They do so to support the rule of law.
The judiciary process your data in the exercise of the statutory and inherent common law jurisdiction of the courts and tribunals. They do so as this is necessary in the public interest or in the exercise of official authority vested in them. The public interest is the administration of justice.
The judiciary may also process your data whilst acting in a judicial capacity when to do so is necessary to comply with legislation or where it is in their legitimate interest to do so.
Court and tribunal proceedings are, except in exceptional circumstances or where required by law, such as rules of court or a court or tribunal order, required to be held in public. This is an aspect of the constitutional right to open justice.
There is generally therefore no expectation of privacy in personal data which is processed by the judiciary exercising judicial functions.
Your personal data may be shared by the judiciary whilst acting in a judicial capacity with, but not limited to,
Your personal data may also be shared with other courts and tribunals in other countries where this is necessary further to the administration of justice or to comply with, or to fulfil, legal obligations.
Personal data processed by the judiciary exercising judicial functions may be published in court or tribunal orders or judgments. This is necessary in the public interest of the administration of justice. It is necessary to enable individuals to understand their rights and obligations, which is an aspect of the rule of law.
Publication of judgments is also a requirement of the constitutional principle of open justice and is necessary means to support the rule of law. As such it is in the public interest.
A court or tribunal may, where it is strictly necessary in the interests of the administration of justice, place restrictions on personal data, such as an individual’s name, which is placed in a judgment. It may also hold legal proceedings in private and place restrictions on access to court and tribunal files. Such decisions are judicial decisions and can only be taken within legal proceedings. Individuals wishing to raise such matters should seek legal advice.
The General Data Protection Regulation ordinarily provides individuals with rights concerning their personal information, such as the right to request a copy of information held by the organisation that has processed it. Those rights do not apply where your personal data is processed by the judiciary exercising judicial functions.
If you wish to obtain access to personal information processed by the judiciary exercising judicial functions you may be able to do so under provisions set out in rules of court, such as the Civil Procedure Rules, Family Procedure Rules, Criminal Procedure Rules or relevant Tribunal Procedure Rules. You should refer to those rules or to information provided by Her Majesty’s Courts and Tribunals Service.
If you wish to receive further information about data protection law generally you can contact the Information Commissioner at:
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Tel: 0303 123 1113
Website: https://ico.org.uk/for-organisations/guide-to-data-protection
You should be aware that where the judiciary are exercising judicial functions the Information Commissioner has no supervisory authority.
Chitty, A Practical Treatise on the Criminal Law, Volume II, pg 276
"There is, and from time whereof the memory of man is not to the contrary, there hath been, a certain court of our said lord the now king and his predecessors, kings and queens of England, called the wardmote, held, and to be held every year, upon the feast day of St. Thomas the Apostle, (unless the same feast should happen on a Sunday, and in such case then upon the day next following such Sunday,) before the alderman of the ward aforesaid, for the time being, or his deputy, in which said court of wardmote, according to the custom within the said ward used and approved of during the time last aforesaid, to wit, in, &c. aforesaid, all the men, inhabitants, and resiants, paying scot and bearing lot within the ward aforesaid, for the time being, have been used and accustomed, and ought and were bound by reason of their residence to appear in the said court and do their suit there, and in the said court of wardmote, according to the custom of the said ward, the said men inhabiting and resiant, paying scot and bearing lot within the same ward for the time being, were during the whole time aforesaid, used and accustomed, and ought to appoint and choose yearly divers persons then inhabiting and resiant, and paying scot and bearing lot within the ward aforesaid, constables to and for the said ward, for the preserving of the peace of our lord the king, and for the apprehending of rogues, vagabonds, and other suspicious persons within the ward aforesaid, for the public good"
WHEREAS:- (1) From time immemorial there has existed and still exist in the City of London Courts of Precinct Mote, and that these Courts have made, passed, ordained and established divers Ordinances, Rules, Orders and Regulations for the regulation and good government of their respective areas of jurisdiction as to them from time to time has been found necessary and expedient, it is desirable to make certain incidental and consequential changes to the standing orders for THE CONDUCT OF MEETINGS for the Precinct Court of Covent Garden BE IT THEREFORE and IT IS HEREBY ENACTED ORDAINED AND ESTABLISHED by The Inhabitants of Covent Garden in Precinct Mote Assembled and the authority of the same, AS FOLLOWS:
(1) THAT the common law customs for the conduct of Precinct Mote meetings, where such are in conformity with statute, are as described in 'The Parish' , by Toulmin-Smith, barrister (1857), and
(2) the Common Council Standing Orders for the conduct of meetings;
(3) where there is a conflict between (1) and (2) above, common law will prevail.
Bill for a Bye-Law of the Precinct Court of Covent Garden to further regulate disorderly conduct at meetings.
WHEREAS:- (1) From time immemorial there has existed and still exist in the City of London Courts of Precinct Mote, and that these Courts have made, passed, ordained and established divers Ordinances, Rules, Orders and Regulations for the regulation and good government of their respective areas of jurisdiction as to them from time to time has been found necessary and expedient, it is desirable to make certain incidental and consequential changes to the standing orders for disruptive behaviour for the Precinct Court of Covent Garden BE IT THEREFORE and IT IS HEREBY ENACTED ORDAINED AND ESTABLISHED by the Inhabitants of the Precinct of Covent Garden in Precinct Mote Assembled, and the authority of the same, AS FOLLOWS:
DISORDERLY CONDUCT AT MEETINGS:
Section 1.
(a) No person shall obstruct the transaction or business at a Precinct Court Meeting or behave offensively or improperly. No inhabitant at a meeting shall disregard the ruling of the Headborough, wilfully obstruct business or behave irregularly, offensively, improperly or in such a manner as to bring the Court of Precinct Mote into disrepute. If this bye-law is ignored, the Headborough shall request such person(s) to moderate or improve their conduct.
(b) If, in the Headborough's opinion, there has been a breach of bye-law Section 1 (a), the Headborough shall express that opinion that the bye-law has been breached, and thereafter any inhabitant present at the meeting may move that the person be silenced or excluded from the meeting and the motion, if seconded, shall be put forthwith and without discussion.
If a resolution, made in accordance with bye-law 1(b) above is disobeyed, the Headborough may take such further steps as may reasonably be necessary to enforce it and/or he may adjourn the meeting.
(c) In the event the Headborough anticipates a risk of disturbance at a forthcoming meeting, which he anticipates he will have trouble managing himself, he may contact the police beforehand, and request assistance at the meeting.
Schedule 1.
Suggested precedents for resolutions for use in actioning section 1 (b)
a.) The Inhabitants of Covent Garden in Precinct Mote Assembled
RESOLVE that (named person) will be given a right to address this meeting for a specified time period (e.g. 2 minutes), to be stated clearly by the Headborough, on a specified point to be identified clearly by the Headborough. The Headborough may refuse the person specified above the right to respond to other members of the public at the meeting, or ask any questions or make any interjections or any interruptions or any other observations whatsoever.
b.) The Inhabitants of Covent Garden in Precinct Mote Assembled RESOLVE that (named person) shall remain silent for the duration of this meeting.
c.) The Inhabitants of Covent Garden in Precinct Mote Assembled RESOLVE that (named person) shall be excluded from this meeting, and must depart forthwith.
BILL FOR A BYE-LAW: WHEREAS:- (1) From time immemorial there has existed and still exist in the City of
London Courts of Precinct Mote, and that these Courts have made, passed, ordained and
established divers Ordinances, Rules, Orders and Regulations for the regulation and good
government of their respective areas of jurisdiction as to them from time to time has been
found necessary and expedient, it is desirable to make certain incidental and
consequential changes to the standing orders for the definition of resident for the Precinct Court of Covent
Garden BE IT THEREFORE and IT IS HEREBY ENACTED ORDAINED AND ESTABLISHED by The Inhabitants
of the Precinct of Covent Garden in Precinct Mote Assembled, and the authority of the
same, AS FOLLOWS:
RESIDENTIAL STATUS IN THE PRECINCT OF COVENT GARDEN
(1) Given that the Representation of the People Act 1983, determining whether a person is "resident" at a
particular address for the purposes of electoral law, does not apply to Ward elections, it will also not apply
to voting at the Court of Precinct Mote. The common law definition of resiant given in Toulmin-Smith's 'The
Parish' (1857) will therefore apply, subject to the provisions below.
(2) Determining "residence" is, therefore, a question of fact in each case, to be determined on a case by
case basis by this Court of Precinct Mote.
(3) Temporary absence does not deprive a person of residence, but temporary presence does not make a
person resident.
(4) A person is resident when his or her stay has a considerable degree of permanence, and this will be a
question of fact to be determined by this Court of Precinct Mote. Permanent residence will be considered
to occur after three plus one days.
(5) In the City of London, a person may only vote in one ward; it follows, they may only vote in one precinct,
in the event they have residences in more than one precinct of a ward.
(6) The law applying to merchant seamen in the Representation of the People Act 1983 applies to ward
elections, by virtue of the City of London (Various Powers) Act 1957. This Court of Precinct Mote will adopt
this definition, and additionally S14 (1) and S 1- 17 of the Representation of the People Act 1983, by virtue
of section 8 of the City of London (Various Powers) Act 1957, (members of the armed forces and their
spouses) will be held to apply to this Court.
(7) Non-resiant voters will not be allowed to vote in this Court of Precinct Mote. This includes voters who
are on the ward list by virtue of a qualifying body, but who are non resiant.
(8) There is no nationality requirement for voting in Court of Precinct Mote elections, nor for standing for
office as an officer of the Court of Precinct Mote, or being a Trustee of said Court.
(9) The age for being able to attend and vote at the Court of Precinct Mote, attested in this City of London since time immemorial, is twelve years of age.
(10) The Precinct Beadle, in accord with ancient custom, is under a duty make house to house or other
sufficient enquiries to establish entitlement to be a voter at the Court of Precinct Mote and in addition to
assist in compiling a list of eligible voters in the Precinct, to be known as the Precinct List.