Proceedings in Courts of Justice Act 1730
The Proceedings in Courts of Justice Act 1730 (4 Geo II. c. 26)[1] was an Act of the Parliament of Great Britain which made English (instead of Law French and Latin) the obligatory language for use in the courts of England and in the court of exchequer in Scotland. The Act followed a medieval law from 1362 (the Pleading in English Act 1362[2]), which had made it permissible to debate cases in English, but all written records had continued to be in Latin. It was amended shortly later to extend it to the courts in Wales,[3] and to exempt from its provisions the "court of the receipt of his Majesty's exchequer" in England.[4] It never applied to cases heard overseas in the court of admiralty.
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| Long title | An Act that all Proceedings in the Courts of Justice within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language. |
|---|---|
| Citation | 4 Geo II. c. 26 |
| Dates | |
| Commencement | 25 March 1733 |
| Other legislation | |
| Repealed by | Civil Procedure Acts Repeal Act 187942 & 43 Vict c 59 |
| Relates to | 6 Geo II. c. 14 6 Geo. II. c. 26 |
Status: Repealed | |
| Text of statute as originally enacted | |
A similar act was passed on 22 November 1650 by the Rump Parliament during the Commonwealth of England: Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into the English Tongue.
The Act was introduced by the then Lord Chancellor, Lord King, and came into force on 25 March 1733. It was repealed by the Civil Procedure Acts Repeal Act 1879.[5]
A similar Act was passed by the Parliament of Ireland in 1737, the Administration of Justice (Language) Act (Ireland) 1737.
See also
- Ordinance of Villers-Cotterêts, French law mandating legal use of French, rather than Latin
Notes
- "4th year of the reign of George II, chapter 26."
- 36 Edw. III c. 15
- 6 Geo II. c. 14
- 6 Geo. II. c. 26
- 42 & 43 Vict c 59